PUBLIC LAW 115–334—DEC. 20, 2018 

AGRICULTURE IMPROVEMENT ACT OF 2018 


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132 STAT. 4490 PUBLIC LAW 115–334—DEC. 20, 2018 

Public Law 115–334 

115th Congress 

An Act 

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

of the Department of Agriculture through fiscal year 2023, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Improvement Act of 2018’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—COMMODITIES 

Subtitle A—Commodity Policy 

Sec. 1101. Definition of effective reference price. 

Sec. 1102. Base acres. 

Sec. 1103. Payment yields. 

Sec. 1104. Payment acres. 

Sec. 1105. Producer election. 

Sec. 1106. Price loss coverage. 

Sec. 1107. Agriculture risk coverage. 

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

Subtitle B—Marketing Loans 

Sec. 1201. Extensions. 

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

Sec. 1203. Economic adjustment assistance for textile mills. 

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

Sec. 1205. Availability of recourse loans. 

Subtitle C—Sugar 

Sec. 1301. Sugar policy. 

Subtitle D—Dairy Margin Coverage and Other Dairy Related Provisions 

Sec. 1401. Dairy margin coverage. 

Sec. 1402. Reauthorizations. 

Sec. 1403. Class I skim milk price. 

Sec. 1404. Dairy product donation. 

Subtitle E—Supplemental Agricultural Disaster Assistance 

Sec. 1501. Supplemental agricultural disaster assistance. 

Subtitle F—Noninsured Crop Assistance 

Sec. 1601. Noninsured crop assistance program. 

Subtitle G—Administration 

Sec. 1701. Regulations. 

Sec. 1702. Suspension of permanent price support authority. 

7 USC 9001 note. 

Agriculture 

Improvement Act 

of 2018. 

Dec. 20, 2018 

[H.R. 2] 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4491 

Sec. 1703. Payment limitations. 

Sec. 1704. Adjusted gross income limitations. 

Sec. 1705. Farm Service Agency accountability. 

Sec. 1706. Implementation. 

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

TITLE II—CONSERVATION 

Subtitle A—Wetland Conservation 

Sec. 2101. Wetland conversion. 

Sec. 2102. Wetland conservation. 

Sec. 2103. Mitigation banking. 

Subtitle B—Conservation Reserve Program 

Sec. 2201. Conservation reserve. 

Sec. 2202. Conservation reserve enhancement program. 

Sec. 2203. Farmable wetland program. 

Sec. 2204. Pilot programs. 

Sec. 2205. Duties of owners and operators. 

Sec. 2206. Duties of the Secretary. 

Sec. 2207. Payments. 

Sec. 2208. Contracts. 

Sec. 2209. Eligible land; State law requirements. 

Subtitle C—Environmental Quality Incentives Program and Conservation 

Stewardship Program 

Sec. 2301. Repeal of conservation programs. 

Sec. 2302. Purposes of environmental quality incentives program. 

Sec. 2303. Definitions under environmental quality incentives program. 

Sec. 2304. Establishment and administration of environmental quality incentives 

program. 

Sec. 2305. Environmental quality incentives program plan. 

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

Sec. 2307. Conservation innovation grants and payments. 

Sec. 2308. Conservation stewardship program. 

Sec. 2309. Grassland conservation initiative. 

Subtitle D—Other Conservation Programs 

Sec. 2401. Watershed protection and flood prevention. 

Sec. 2402. Soil and water resources conservation. 

Sec. 2403. Emergency conservation program. 

Sec. 2404. Conservation of private grazing land. 

Sec. 2405. Grassroots source water protection program. 

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

Sec. 2407. Wildlife management. 

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

Sec. 2409. Report on small wetlands. 

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

Subtitle E—Funding and Administration 

Sec. 2501. Commodity Credit Corporation. 

Sec. 2502. Delivery of technical assistance. 

Sec. 2503. Administrative requirements for conservation programs. 

Sec. 2504. Temporary administration of conservation programs. 

Subtitle F—Agricultural Conservation Easement Program 

Sec. 2601. Establishment and purposes. 

Sec. 2602. Definitions. 

Sec. 2603. Agricultural land easements. 

Sec. 2604. Wetland reserve easements. 

Sec. 2605. Administration. 

Subtitle G—Regional Conservation Partnership Program 

Sec. 2701. Establishment and purposes. 

Sec. 2702. Definitions. 

Sec. 2703. Regional conservation partnerships. 

Sec. 2704. Assistance to producers. 

Sec. 2705. Funding. 

Sec. 2706. Administration. 


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132 STAT. 4492 PUBLIC LAW 115–334—DEC. 20, 2018 

Sec. 2707. Critical conservation areas. 

Subtitle H—Repeals and Technical Amendments 

PART I—REPEALS

Sec. 2811. Repeal of Conservation Corridor Demonstration Program. 

Sec. 2812. Repeal of cranberry acreage reserve program. 

Sec. 2813. Repeal of National Natural Resources Foundation. 

Sec. 2814. Repeal of flood risk reduction. 

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

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

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

PART II—TECHNICAL AMENDMENTS

Sec. 2821. Technical amendments. 

Sec. 2822. State technical committees. 

TITLE III—TRADE 

Subtitle A—Food for Peace Act 

Sec. 3101. Labeling requirements. 

Sec. 3102. Food aid quality assurance. 

Sec. 3103. Local sale and barter of commodities. 

Sec. 3104. Minimum levels of assistance. 

Sec. 3105. Food aid consultative group. 

Sec. 3106. Issuance of regulations. 

Sec. 3107. Oversight, monitoring, and evaluation. 

Sec. 3108. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods. 

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

other assistance on local farmers and economy. 

Sec. 3110. Allowance for distribution costs. 

Sec. 3111. Prepositioning of agricultural commodities. 

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

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

Sec. 3114. Minimum level of nonemergency food assistance. 

Sec. 3115. Termination date for micronutrient fortification programs. 

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

Subtitle B—Agricultural Trade Act of 1978 

Sec. 3201. Agricultural trade promotion and facilitation. 

Subtitle C—Other Agricultural Trade Laws 

Sec. 3301. Growing American Food Exports. 

Sec. 3302. Food for Progress Act of 1985. 

Sec. 3303. Bill Emerson Humanitarian Trust Act. 

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

Sec. 3305. Cochran fellowship program. 

Sec. 3306. Borlaug International Agricultural Science and Technology Fellowship 

program. 

Sec. 3307. International Agricultural Education Fellowship program. 

Sec. 3308. International food security technical assistance. 

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

program. 

Sec. 3310. Global Crop Diversity Trust. 

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

Sec. 3312. Foreign trade missions. 

TITLE IV—NUTRITION 

Subtitle A—Supplemental Nutrition Assistance Program 

Sec. 4001. Requirements for online acceptance of benefits. 

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

Sec. 4003. Food distribution program on Indian reservations. 

Sec. 4004. Simplified homeless housing costs. 

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

Sec. 4006. Improvements to electronic benefit transfer system. 

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

Sec. 4008. Retail incentives. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4493 

Sec. 4009. Required action on data match information. 

Sec. 4010. Incentivizing technology modernization. 

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

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

relating to cost sharing for computerization. 

Sec. 4013. Quality control improvements. 

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

Sec. 4015. Longitudinal data for research. 

Sec. 4016. Authorization of appropriations. 

Sec. 4017. Assistance for community food projects. 

Sec. 4018. Emergency food assistance program. 

Sec. 4019. Nutrition education. 

Sec. 4020. Retail food store and recipient trafficking. 

Sec. 4021. Public-private partnerships. 

Sec. 4022. Technical corrections. 

Subtitle B—Commodity Distribution Programs 

Sec. 4101. Commodity distribution program. 

Sec. 4102. Commodity supplemental food program. 

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

Sec. 4104. Food donation standards. 

Subtitle C—Miscellaneous 

Sec. 4201. Seniors farmers’ market nutrition program. 

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

service institutions. 

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

Sec. 4204. Healthy food financing initiative. 

Sec. 4205. The Gus Schumacher nutrition incentive program. 

Sec. 4206. Micro-grants for food security. 

Sec. 4207. Buy American requirements. 

Sec. 4208. Healthy fluid milk incentives projects. 

TITLE V—CREDIT 

Subtitle A—Farm Ownership Loans 

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

ownership loans. 

Sec. 5102. Conservation loan and loan guarantee program. 

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

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

Subtitle B—Operating Loans 

Sec. 5201. Limitations on amount of operating loans. 

Sec. 5202. Microloans. 

Sec. 5203. Cooperative lending pilot projects. 

Subtitle C—Administrative Provisions 

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

program. 

Sec. 5302. Loan authorization levels. 

Sec. 5303. Loan fund set-asides. 

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

conditions. 

Sec. 5305. Equitable relief. 

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

Sec. 5307. Emergency loan eligibility. 

Subtitle D—Miscellaneous 

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

Act. 

Sec. 5402. State agricultural mediation programs. 

Sec. 5403. Compensation of bank directors. 

Sec. 5404. Sharing of privileged and confidential information. 

Sec. 5405. Facility headquarters. 

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

Sec. 5407. Jurisdiction over institution-affiliated parties. 

Sec. 5408. Definition of institution-affiliated party. 

Sec. 5409. Prohibition on use of funds. 


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132 STAT. 4494 PUBLIC LAW 115–334—DEC. 20, 2018 

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

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

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

Sec. 5413. Reporting. 

Sec. 5414. Study on loan risk. 

Sec. 5415. GAO report on ability of the Farm Credit System to meet the agricultural credit needs of Indian tribes and their members. 

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

ranchers. 

TITLE VI—RURAL DEVELOPMENT 

Subtitle A—Improving Health Outcomes in Rural America 

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

Sec. 6102. Distance learning and telemedicine. 

Sec. 6103. Refinancing of certain rural hospital debt. 

Subtitle B—Connecting Rural Americans to High Speed Broadband 

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

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

Sec. 6203. Modifications to the Rural Gigabit Program. 

Sec. 6204. Community Connect Grant Program. 

Sec. 6205. Outdated broadband systems. 

Sec. 6206. Default and deobligation; deferral. 

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

Sec. 6208. Environmental reviews. 

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

service. 

Sec. 6210. Smart utility authority for broadband. 

Sec. 6211. Refinancing of telephone loans. 

Sec. 6212. Federal broadband program coordination. 

Sec. 6213. Transition rule. 

Sec. 6214. Rural broadband integration working group. 

Subtitle C—Miscellaneous 

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

Sec. 6302. Establishment of technical assistance program. 

Sec. 6303. Rural energy savings program. 

Sec. 6304. Northern Border Regional Commission reauthorization. 

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

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

Subtitle D—Additional Amendments to the Consolidated Farm and Rural 

Development Act 

Sec. 6401. Strategic economic and community development. 

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

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

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

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

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

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

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

Sec. 6409. Rural decentralized water systems. 

Sec. 6410. Solid waste management grants. 

Sec. 6411. Rural business development grants. 

Sec. 6412. Rural cooperative development grants. 

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

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

Sec. 6415. Rural economic area partnership zones. 

Sec. 6416. Intemediary relending program. 

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

housing programs. 

Sec. 6418. Providing for additional fees for guaranteed loans under the Consolidated Farm and Rural Development Act. 

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

training. 

Sec. 6420. National Rural Development Partnership. 

Sec. 6421. Grants for NOAA weather radio transmitters. 

Sec. 6422. Rural microentrepreneur assistance program. 

Sec. 6423. Health care services. 

Sec. 6424. Rural innovation stronger economy grant program. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4495 

Sec. 6425. Delta Regional Authority. 

Sec. 6426. Rural business investment program. 

Sec. 6427. Rural business investment program. 

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

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

Sec. 6502. Loans for telephone service. 

Sec. 6503. Cushion of credit payments program. 

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

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

purposes. 

Sec. 6506. Expansion of 911 access. 

Sec. 6507. Cybersecurity and grid security improvements. 

Subtitle F—Program Repeals 

Sec. 6601. Elimination of unfunded programs. 

Sec. 6602. Repeal of Rural Telephone Bank. 

Sec. 6603. Amendments to LOCAL TV Act. 

Subtitle G—Technical Corrections 

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

Act. 

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

TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS 

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

1977 

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

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

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

Advisory Board. 

Sec. 7104. Specialty crop committee. 

Sec. 7105. Renewable energy committee discontinued. 

Sec. 7106. Veterinary services grant program. 

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

Sec. 7108. Agricultural and food policy research centers. 

Sec. 7109. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions. 

Sec. 7110. Next generation agriculture technology challenge. 

Sec. 7111. Land-grant designation. 

Sec. 7112. Nutrition education program. 

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

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

Tuskegee University. 

Sec. 7115. Extension and agricultural research at 1890 land-grant colleges, including Tuskegee University. 

Sec. 7116. Reports on disbursement of funds for agricultural research and extension at 1862 and 1890 land-grant colleges, including Tuskegee University. 

Sec. 7117. Scholarships for students at 1890 institutions. 

Sec. 7118. Grants to upgrade agricultural and food sciences facilities at 1890 landgrant colleges, including Tuskegee University. 

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

at insular area land-grant institutions. 

Sec. 7120. New Beginning for Tribal Students. 

Sec. 7121. Hispanic-serving institutions. 

Sec. 7122. Binational agricultural research and development. 

Sec. 7123. Partnerships to build capacity in international agricultural research, extension, and teaching. 

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

programs. 

Sec. 7125. Limitation on indirect costs for agricultural research, education, and extension programs. 

Sec. 7126. Research equipment grants. 

Sec. 7127. University research. 

Sec. 7128. Extension service. 

Sec. 7129. Supplemental and alternative crops; hemp. 

Sec. 7130. New Era Rural Technology program. 

Sec. 7131. Capacity building grants for NLGCA Institutions. 

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


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132 STAT. 4496 PUBLIC LAW 115–334—DEC. 20, 2018 

Sec. 7133. Aquaculture assistance programs. 

Sec. 7134. Rangeland research programs. 

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

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

area institutions of higher education. 

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

Sec. 7201. Best utilization of biological applications. 

Sec. 7202. Integrated management systems. 

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

Sec. 7204. National training program. 

Sec. 7205. National strategic germplasm and cultivar collection assessment and utilization plan. 

Sec. 7206. National Genetics Resources Program. 

Sec. 7207. National Agricultural Weather Information System. 

Sec. 7208. Agricultural genome to phenome initiative. 

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

Sec. 7210. Organic agriculture research and extension initiative. 

Sec. 7211. Farm business management. 

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

education, and extension initiative. 

Sec. 7213. Centers of excellence at 1890 Institutions. 

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

farmers with disabilities. 

Sec. 7215. National Rural Information Center Clearinghouse. 

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

Sec. 7301. National food safety training, education, extension, outreach, and technical assistance program. 

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

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

caused by Fusarium graminearum or by Tilletia indica. 

Sec. 7304. Grants for youth organizations. 

Sec. 7305. Specialty crop research initiative. 

Sec. 7306. Food Animal Residue Avoidance Database program. 

Sec. 7307. Office of Pest Management Policy. 

Sec. 7308. Forestry products advanced utilization research. 

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

PART I—AGRICULTURAL SECURITY

Sec. 7401. Agricultural biosecurity communication center. 

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

preparation, and response. 

Sec. 7403. Research and development of agricultural countermeasures. 

Sec. 7404. Agricultural biosecurity grant program. 

PART II—MISCELLANEOUS

Sec. 7411. Grazinglands research laboratory. 

Sec. 7412. Farm and Ranch Stress Assistance Network. 

Sec. 7413. Natural products research program. 

Sec. 7414. Sun grant program. 

Subtitle E—Amendments to Other Laws 

Sec. 7501. Critical Agricultural Materials Act. 

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

Sec. 7503. Research Facilities Act. 

Sec. 7504. Agriculture and Food Research Initiative. 

Sec. 7505. Extension design and demonstration initiative. 

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

Sec. 7507. Biomass research and development. 

Sec. 7508. Reinstatement of matching requirement for Federal funds used in extension work at the University of the District of Columbia. 

Sec. 7509. Renewable Resources Extension Act of 1978. 

Sec. 7510. National Aquaculture Act of 1980. 

Sec. 7511. Federal agriculture research facilities. 

Subtitle F—Other Matters 

Sec. 7601. Enhanced use lease authority program. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4497 

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

Beltsville Agricultural Research Center, Beltsville, Maryland. 

Sec. 7603. Foundation for food and agriculture research. 

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

Forestry Act. 

Sec. 7605. Legitimacy of industrial hemp research. 

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

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

Sec. 7608. Agriculture innovation center demonstration program. 

Sec. 7609. Smith-Lever community extension program. 

Sec. 7610. Mechanization and automation for specialty crops. 

Sec. 7611. Experienced services program. 

Sec. 7612. Simplified plan of work. 

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

Sec. 7614. Matching funds requirement. 

TITLE VIII—FORESTRY 

Subtitle A—Cooperative Forestry Assistance Act of 1978 

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

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

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

Sec. 8201. Repeal of recycling research. 

Sec. 8202. Repeal of forestry student grant program. 

Subtitle C—Global Climate Change Prevention Act of 1990 

Sec. 8301. Repeals relating to biomass. 

Subtitle D—Healthy Forests Restoration Act of 2003 

Sec. 8401. Promoting cross-boundary wildfire mitigation. 

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

land. 

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

Sec. 8404. Water Source Protection Program. 

Sec. 8405. Watershed Condition Framework. 

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

diseases. 

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

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

Subtitle E—Repeal or Reauthorization of Miscellaneous Forestry Programs 

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

Sec. 8502. Semiarid agroforestry research center. 

Sec. 8503. National Forest Foundation Act. 

Sec. 8504. Conveyance of Forest Service administrative sites. 

Subtitle F—Forest Management 

Sec. 8601. Definition of National Forest System. 

PART I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL

EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

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

PART II—MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES

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

Forest System land. 

Sec. 8622. Forest Service participation in ACES program. 

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

Sec. 8624. Good neighbor authority. 

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

Sec. 8626. Tennessee wilderness. 

Sec. 8627. Kisatchie National Forest land conveyance. 

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

County, California. 

Sec. 8629. Collaborative Forest Landscape Restoration Program. 

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

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

Sec. 8632. Remote sensing technologies. 


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132 STAT. 4498 PUBLIC LAW 115–334—DEC. 20, 2018 

PART III—TIMBER INNOVATION

Sec. 8641. Definitions. 

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

construction. 

Sec. 8643. Wood innovation grant program. 

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

Subtitle G—Other Matters 

Sec. 8701. Rural revitalization technologies. 

Sec. 8702. Resource Advisory Committees. 

Sec. 8703. Tribal forest management demonstration project. 

Sec. 8704. Technical corrections. 

Sec. 8705. Streamlining the Forest Service process for consideration of communications facility location applications. 

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

land. 

Sec. 8707. West Fork Fire Station. 

Sec. 8708. Competitive forestry, natural resources, and environmental grants program. 

TITLE IX—ENERGY 

Sec. 9001. Definitions. 

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. Rural Energy Self-Sufficiency Initiative. 

Sec. 9009. Feedstock flexibility. 

Sec. 9010. Biomass Crop Assistance Program. 

Sec. 9011. Carbon utilization and biogas education program. 

TITLE X—HORTICULTURE 

Sec. 10101. Specialty crops market news allocation. 

Sec. 10102. Local agriculture market program. 

Sec. 10103. Organic production and market data initiatives. 

Sec. 10104. Organic certification. 

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

Sec. 10106. Food safety education initiatives. 

Sec. 10107. Specialty crop block grants. 

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

Sec. 10109. Multiple crop and pesticide use survey. 

Sec. 10110. Report on the arrival in the United States of forest pests through restrictions on the importation of certain plants for planting. 

Sec. 10111. Report on plant biostimulants. 

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

Sec. 10113. Hemp production. 

Sec. 10114. Interstate commerce. 

Sec. 10115. FIFRA interagency working group. 

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

TITLE XI—CROP INSURANCE 

Sec. 11101. Definitions. 

Sec. 11102. Data collection. 

Sec. 11103. Sharing of records. 

Sec. 11104. Use of resources. 

Sec. 11105. Specialty crops. 

Sec. 11106. Insurance period. 

Sec. 11107. Cover crops. 

Sec. 11108. Underserved producers. 

Sec. 11109. Treatment of forage and grazing. 

Sec. 11110. Administrative basic fee. 

Sec. 11111. Enterprise units. 

Sec. 11112. Continued authority. 

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

Sec. 11114. Crop production on native sod. 

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

fraud, and abuse. 

Sec. 11116. Submission of information to corporation. 


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

Sec. 11118. Program administration. 

Sec. 11119. Agricultural commodity. 

Sec. 11120. Maintenance of policies. 

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

Sec. 11122. Research and development authority. 

Sec. 11123. Funding for research and development. 

Sec. 11124. Technical amendment to pilot programs. 

Sec. 11125. Education and risk management assistance. 

Sec. 11126. Repeal of cropland report annual updates. 

TITLE XII—MISCELLANEOUS 

Subtitle A—Livestock 

Sec. 12101. Animal disease prevention and management. 

Sec. 12102. Sheep production and marketing grant program. 

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

Sec. 12104. Definition of livestock. 

Sec. 12105. National Aquatic Animal Health Plan. 

Sec. 12106. Veterinary training. 

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

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

Subtitle B—Agriculture and Food Defense 

Sec. 12201. Repeal of Office of Homeland Security. 

Sec. 12202. Office of Homeland Security. 

Sec. 12203. Agriculture and food defense. 

Sec. 12204. Biological agents and toxins list. 

Sec. 12205. Authorization of appropriations. 

Subtitle C—Historically Underserved Producers 

Sec. 12301. Farming opportunities training and outreach. 

Sec. 12302. Urban agriculture. 

Sec. 12303. Tribal Advisory Committee. 

Sec. 12304. Beginning farmer and rancher coordination. 

Sec. 12305. Agricultural youth organization coordinator. 

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

and ranchers. 

Subtitle D—Department of Agriculture Reorganization Act of 1994 Amendments 

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

Sec. 12402. Military Veterans Agricultural Liaison. 

Sec. 12403. Civil rights analyses. 

Sec. 12404. Farm Service Agency. 

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

Sec. 12406. Office of Partnerships and Public Engagement. 

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

Sec. 12408. Administrator of the Rural Utilities Service. 

Sec. 12409. Rural Health Liaison. 

Sec. 12410. Natural Resources Conservation Service. 

Sec. 12411. Office of the Chief Scientist. 

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

Sec. 12413. Trade and foreign agricultural affairs. 

Sec. 12414. Repeals. 

Sec. 12415. Technical corrections. 

Sec. 12416. Termination of authority. 

Subtitle E—Other Miscellaneous Provisions 

PART I—MISCELLANEOUS AGRICULTURE PROVISIONS

Sec. 12501. Acer access and development program. 

Sec. 12502. Protecting animals with shelter. 

Sec. 12503. Marketing orders. 

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

Sec. 12505. Report on business centers. 

Sec. 12506. Report on personnel. 

Sec. 12507. Report on absent landlords. 

Sec. 12508. Century farms program. 

Sec. 12509. Report on importation of live dogs. 

Sec. 12510. Tribal Promise Zones. 


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132 STAT. 4500 PUBLIC LAW 115–334—DEC. 20, 2018 

Sec. 12511. Precision agriculture connectivity. 

Sec. 12512. Improvements to United States Drought Monitor. 

Sec. 12513. Dairy business innovation initiatives. 

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

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

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

Sec. 12517. South Carolina inclusion in Virginia/Carolina peanut producing region. 

Sec. 12518. Forest Service hire authority. 

Sec. 12519. Conversion authority. 

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

and others. 

PART II—NATIONAL OILHEAT RESEARCH ALLIANCE

Sec. 12531. National oilheat research alliance. 

Subtitle F—General Provisions 

Sec. 12601. Baiting of migratory game birds. 

Sec. 12602. Pima agriculture cotton trust fund. 

Sec. 12603. Agriculture wool apparel manufacturers trust fund. 

Sec. 12604. Wool research and promotion. 

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

Sec. 12606. Extension of merchandise processing fees. 

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

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

equipment assistance program. 

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

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

Sec. 12611. Conference report requirement threshold. 

Sec. 12612. National agriculture imagery program. 

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

Research, and Information Act of 1996. 

Sec. 12614. Establishment of food access liaison. 

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

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

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

licensing requirements. 

Sec. 12618. Data on conservation practices. 

Sec. 12619. Conforming changes to Controlled Substances Act. 

SEC. 2. DEFINITION OF SECRETARY. 

In this Act, the term ‘‘Secretary’’ means the Secretary of Agriculture. 

TITLE I—COMMODITIES 

Subtitle A—Commodity Policy 

SEC. 1101. DEFINITION OF EFFECTIVE REFERENCE PRICE. 

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

is amended— 

(1) by redesignating paragraphs (8) through (25) as paragraphs (9) through (26), respectively; and 

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

‘‘(8) EFFECTIVE REFERENCE PRICE.—The term ‘effective reference price’, with respect to a covered commodity for a crop 

year, means the lesser of the following: 

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

price for such covered commodity. 

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

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

or 

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

year average price of the covered commodity for the 

7 USC 9001 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4501 

most recent 5 crop years, excluding each of the crop 

years with the highest and lowest marketing year average price.’’. 

SEC. 1102. BASE ACRES. 

(a) TECHNICAL CORRECTIONS.—Section 1112(c)(2) of the Agricultural Act of 2014 (7 U.S.C. 9012(c)(2)) is amended by striking 

subparagraph (A) and inserting the following: 

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

‘‘(i) the conservation reserve program established 

under subchapter B of chapter 1 of subtitle D of title 

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

et seq.); or 

‘‘(ii) a wetland reserve easement under section 

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

3865c).’’. 

(b) REDUCTION IN BASE ACRES.—Section 1112(d) of the Agricultural Act of 2014 (7 U.S.C. 9012(d)) is amended by adding at 

the end the following: 

‘‘(3) TREATMENT OF BASE ACRES ON FARMS ENTIRELY

PLANTED TO GRASS OR PASTURE.— ‘‘(A) IN GENERAL.—In the case of a farm on which 

all of the cropland was planted to grass or pasture 

(including cropland that was idle or fallow), as determined 

by the Secretary, during the period beginning on January 

1, 2009, and ending on December 31, 2017, the Secretary 

shall maintain all base acres and payment yields for the 

covered commodities on the farm, except that no payment 

shall be made with respect to those base acres under section 

1116 or 1117 for the 2019 through 2023 crop years. 

‘‘(B) INELIGIBILITY.—The producers on a farm for which 

all of the base acres are maintained under subparagraph 

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

applicable to the producers on the farm under section 

1115(h). 

‘‘(4) PROHIBITION ON RECONSTITUTION OF FARM.—The Secretary shall ensure that producers on a farm do not reconstitute 

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

this section.’’. 

SEC. 1103. PAYMENT YIELDS. 

(a) TREATMENT OF DESIGNATED OILSEEDS.—Section 1113(b) of 

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

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

inserting ‘‘oilseeds designated before the date of enactment 

of the Agriculture Improvement Act of 2018’’; 

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

oilseed’’ each place it appears and inserting ‘‘an oilseed designated before the date of enactment of the Agriculture 

Improvement Act of 2018’’; and 

(3) by adding at the end the following: 

‘‘(4) TREATMENT OF OILSEEDS DESIGNATED AFTER CERTAIN

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

of enactment of the Agriculture Improvement Act of 2018, the 

payment yield shall be equal to 90 percent of the average 

of the yield per planted acre for the most recent 5 crop years, 

as determined by the Secretary, excluding any crop year in 

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


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132 STAT. 4502 PUBLIC LAW 115–334—DEC. 20, 2018 

(b) SINGLE OPPORTUNITY TO UPDATE YIELDS.—Section 1113 

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

striking subsection (d) and inserting the following: 

‘‘(d) SINGLE OPPORTUNITY TO UPDATE YIELDS.— 

‘‘(1) ELECTION TO UPDATE.—At the sole discretion of the 

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

opportunity to update, on a covered-commodity-by-covered-commodity basis, the payment yield that would otherwise be used 

in calculating any price loss coverage payment for each covered 

commodity on the farm for which the election is made. 

‘‘(2) METHOD OF UPDATING YIELDS FOR COVERED COMMODITIES.—If the owner of a farm elects to update yields under 

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

the farm, for the purpose of calculating price loss coverage 

payments only, shall be equal to the product obtained by multiplying— 

‘‘(A) 90 percent; 

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

crop of covered commodities on the farm for the 2013 

through 2017 crop years, as determined by the Secretary, 

excluding any crop year in which the acreage planted to 

the covered commodity was zero; and 

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

dividing— 

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

average yield per planted acre for the covered commodity, as determined by the Secretary; by 

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

average yield per planted acre for the covered commodity, as determined by the Secretary. 

‘‘(3) LIMITATION.—In no case shall the ratio obtained under 

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

percent. 

‘‘(4) USE OF COUNTY AVERAGE YIELD.—For the purposes 

of determining the average yield per planted acre under paragraph (2)(B), if the yield per planted acre for a crop of a 

covered commodity for a farm for any of the crop years described 

in that subparagraph was less than 75 percent of the average 

of county yields for those crop years for that commodity, the 

Secretary shall assign a yield for that crop year equal to 75 

percent of the average of the 2013 through 2017 county yield 

for the covered commodity. 

‘‘(5) UPLAND COTTON CONVERSION.—In the case of seed 

cotton, for purposes of determining the average of the yield 

per planted acre under this subsection, the average yield for 

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

average yield for upland cotton per planted acre. 

‘‘(6) TIME FOR ELECTION.—An election under this subsection 

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

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

SEC. 1104. PAYMENT ACRES. 

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

is amended— 

(1) in subsection (d)— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4503 

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

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

base acres of other farms in which the producer has an 

interest, is more than 10 acres’’ before the period at the 

end; and 

(B) in paragraph (2)— 

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

end; 

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

at the end and inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(C) a beginning farmer or rancher (as defined in subsection (a) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279)); or 

‘‘(D) a veteran farmer or rancher (as defined in subsection (a) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279)).’’; and 

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

‘‘(5) EFFECT OF REDUCTION.—For each crop year for which 

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

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

a reduction in payment acres is made under this subsection, 

the Secretary shall consider such base acres to be planted, 

or prevented from being planted, to a covered commodity for 

purposes of any adjustment or reduction of base acres for 

the farm under section 1112.’’. 

SEC. 1105. PRODUCER ELECTION. 

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

is amended— 

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

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

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

through 2018 crop years (except as provided in subsection (g)) 

and for the 2019 through 2023 crop years (subject to subsection 

(h))’’; 

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

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

elect under paragraph (2) of such subsection to obtain agriculture risk coverage under section 1117’’ and inserting ‘‘subsection (a) or (h), as applicable, the producers on a farm that 

elect to obtain agriculture risk coverage’’; 

(3) in subsection (c)— 

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

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

year’’; 

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

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

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

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

shall be deemed to have elected, as applicable— 

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

on the farm for the 2015 through 2018 crop years; and 

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

on the farm for the 2020 through 2023 crop years as 

was applicable for the 2015 through 2018 crop years.’’; 


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132 STAT. 4504 PUBLIC LAW 115–334—DEC. 20, 2018 

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

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

(5) by adding at the end the following: 

‘‘(h) OPTION TO CHANGE ELECTION.— ‘‘(1) IN GENERAL.—For the 2021 crop year and each crop 

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

the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture 

risk coverage, as applicable. 

‘‘(2) APPLICABILITY.—An election change under paragraph 

(1) shall apply to— 

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

made; and 

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

change is made under that paragraph.’’. 

SEC. 1106. PRICE LOSS COVERAGE. 

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

is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; 

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

redesignated)— 

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

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

2014 through 2018 crop years—’’ and inserting ‘‘determines that— 

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

(C) in paragraph (1)(B) (as so redesignated), by striking 

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

(D) by adding at the end the following: 

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

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

the crop year; is less than 

‘‘(B) the effective reference price for the covered commodity for the crop year.’’; 

(2) in subsection (c)— 

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

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

(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘The payment rate’’ and inserting the 

following: 

‘‘(1) IN GENERAL.— 

‘‘(A) 2014 THROUGH 2018 CROP YEARS.—For the 2014 

through 2018 crop years, the payment rate’’; 

(C) in paragraph (1) (as so designated), by adding 

at the end the following: 

‘‘(B) 2019 THROUGH 2023 CROP YEARS.—For the 2019 

through 2023 crop years, the payment rate shall be equal 

to the difference between— 

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

commodity; and 

‘‘(ii) the effective price determined under subsection (b) for the covered commodity.’’; and 

(D) by adding at the end the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4505 

‘‘(2) ANNOUNCEMENT.—Not later than 30 days after the 

end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate 

determined under paragraph (1). 

‘‘(3) INSUFFICIENT DATA.—In the case of a covered commodity, such as temperate japonica rice, for which the Secretary 

cannot determine the payment rate for the most recent 12- 

month marketing year by the date described in paragraph 

(2) due to insufficient reporting of timely pricing data by 1 

or more nongovernmental entities, including a marketing 

cooperative for the covered commodity, the Secretary shall publish the payment rate as soon as practicable after the marketing 

year data are made available.’’; and 

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

‘‘(g) REFERENCE PRICE FOR TEMPERATE JAPONICA RICE.—In 

order to reflect price premiums, the Secretary shall provide a reference price with respect to temperate japonica rice in an amount 

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

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

by the ratio obtained by dividing— 

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

price of medium grain rice from the 2012 through 2016 crop 

years; by 

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

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

SEC. 1107. AGRICULTURE RISK COVERAGE. 

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

is amended— 

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

(1)— 

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

based on the physical location of the farm)’’ after ‘‘payments’’; and 

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

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

(2) in subsection (c)— 

(A) in paragraph (2)— 

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

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

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

inserting ‘‘(6)’’; 

(B) in paragraph (3)— 

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

inserting ‘‘(6)’’; and 

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

inserting ‘‘2023’’; 

(C) in paragraph (4)— 

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

‘‘(A) 2014 THROUGH 2018 CROP YEARS.—Effective for 

the 2014 through 2018 crop years, if’’; and 

(ii) by adding at the end the following: 

‘‘(B) 2019 THROUGH 2023 CROP YEARS.—Effective for 

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

acre for the covered commodity or historical county yield 

per planted acre for the covered commodity for any of 


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132 STAT. 4506 PUBLIC LAW 115–334—DEC. 20, 2018 

the 5 most recent crop years, as determined by the Secretary, is less than 80 percent of the transitional yield, 

as determined by the Secretary, the amounts used for 

any of those years in paragraph (2)(A) or (3)(A)(i) shall 

be 80 percent of the transitional yield.’’; 

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

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

‘‘(5) TREND-ADJUSTED YIELD.—The Secretary shall calculate 

and use a trend-adjusted yield factor to adjust the yield determined under paragraph (2)(A) and subsection (b)(1)(A), taking 

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

factor that is used to increase yield history under the endorsement under the Federal Crop Insurance Act (7 U.S.C. 1501 

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

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

(i) by striking ‘‘REFERENCE PRICE.—If the national 

average market price’’ and inserting the following: 

‘‘LOW NATIONAL AVERAGE MARKET PRICE.— 

‘‘(A) REFERENCE PRICE.—For the 2014 through 2018 

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

(ii) by adding at the end the following: 

‘‘(B) EFFECTIVE REFERENCE PRICE.—For the 2019 

through 2023 crop years, if the national average market 

price received by producers during the 12-month marketing 

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

than the effective reference price for the covered commodity, the Secretary shall use the effective reference price 

for any of those years for the amounts in paragraph (2)(B) 

or (3)(A)(ii).’’; 

(3) in subsection (d)— 

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

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

indenting appropriately; 

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; 

(C) in the matter preceding subparagraph (A) (as so 

redesignated), by striking ‘‘The payment’’ and inserting 

the following: 

‘‘(1) IN GENERAL.—The payment’’; and 

(D) by adding at the end the following: 

‘‘(2) ANNOUNCEMENT.—Not later than 30 days after the 

end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate 

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

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

(1), by striking ‘‘2018’’ and inserting ‘‘2023’’; 

(5) in subsection (g)— 

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

extent practicable,’’; 

(B) in paragraph (3), by striking ‘‘and’’ after the semicolon at the end; 

(C) in paragraph (4)— 

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

inserting ‘‘effective for the 2014 through 2018 crop 

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


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4507 

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

at the end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

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

the case of county coverage, assign an actual or benchmark 

county yield for each planted acre for the crop year for the 

covered commodity— 

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

the Risk Management Agency are sufficient for the Secretary to offer a county-wide insurance product, using the 

actual average county yield determined by the Risk 

Management Agency; or 

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

using— 

‘‘(i) other sources of yield information, as determined by the Secretary; or 

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

the State, region, or crop reporting district, as determined by the Secretary.’’; and 

(6) by adding at the end the following: 

‘‘(h) PUBLICATIONS.— 

‘‘(1) COUNTY GUARANTEE.— 

‘‘(A) IN GENERAL.—For each crop year for a covered 

commodity, the Secretary shall publish information 

describing, for that crop year for the covered commodity 

in each county— 

‘‘(i) the agriculture risk coverage guarantee for 

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

‘‘(ii) the average historical county yield determined 

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

‘‘(iii) the national average market price determined 

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

‘‘(B) TIMING.— 

‘‘(i) IN GENERAL.—Except as provided in clauses 

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

of each applicable 12-month marketing year, the Secretary shall publish the information described in 

subparagraph (A). 

‘‘(ii) INSUFFICIENT DATA.—In the case of a covered 

commodity, such as temperate japonica rice, for which 

the Secretary cannot determine the national average 

market price for the most recent 12-month marketing 

year by the date described in clause (i) due to insufficient reporting of timely pricing data by 1 or more 

nongovernmental entities, including a marketing 

cooperative for the covered commodity, as soon as practicable after the pricing data are made available, the 

Secretary shall publish information describing— 

‘‘(I) the agriculture risk coverage guarantee 

under subparagraph (A)(i); and 

‘‘(II) the national average market price under 

subparagraph (A)(iii). 

‘‘(iii) TRANSITION.—Not later than 60 days after 

the date of enactment of the Agriculture Improvement 

Act of 2018, the Secretary shall publish the information 

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

for the 2018 crop year. 


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132 STAT. 4508 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(2) ACTUAL AVERAGE COUNTY YIELD.—As soon as practicable after each crop year, the Secretary shall determine 

and publish each actual average county yield for each covered 

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

‘‘(3) DATA SOURCES FOR COUNTY YIELDS.—For the 2018 

crop year and each crop year thereafter, the Secretary shall 

make publicly available information describing, for the most 

recent crop year— 

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

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

‘‘(i) by county; and 

‘‘(ii) nationally; and 

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

the Farm Service Agency reviewed, changed, or determined 

not to change a source of data used to calculate county 

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

‘‘(i) ADMINISTRATIVE UNITS.— 

‘‘(1) IN GENERAL.—For purposes of agriculture risk coverage 

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

divided into not greater than 2 administrative units in accordance with this subsection. 

‘‘(2) ELIGIBLE COUNTIES.—A county that may be divided 

into administrative units under this subsection is a county 

that— 

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

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

‘‘(3) ELECTIONS.—Before making any agriculture risk coverage payments for the 2019 crop year, the Farm Service 

Agency State committee, in consultation with the Farm Service 

Agency county or area committee of a county described in 

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

into administrative units under this subsection along a 

boundary that better reflects differences in weather patterns, 

soil types, or other factors. 

‘‘(4) LIMITATION.—The Secretary shall— 

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

into administrative units under paragraph (3) to 25 counties; and 

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

have greater variation in climate, soils, and expected 

productivity between the proposed administrative units. 

‘‘(5) ADMINISTRATION.—For purposes of providing agriculture risk coverage payments in the case of county coverage, 

the Secretary shall consider an administrative unit elected 

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

crop years.’’. 

SEC. 1108. REPEAL OF TRANSITION ASSISTANCE FOR PRODUCERS OF 

UPLAND COTTON. 

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

is repealed. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4509 

Subtitle B—Marketing Loans 

SEC. 1201. EXTENSIONS. 

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

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

inserting ‘‘2023’’. 

(b) REPAYMENT.—Section 1204 of the Agricultural Act of 2014 

(7 U.S.C. 9034) is amended— 

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

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

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

‘‘2023’’. 

(c) LOAN DEFICIENCY PAYMENTS.— 

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

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

‘‘2018’’ and inserting ‘‘2023’’. 

(2) PAYMENTS IN LIEU OF LDPS.—Section 1206 of the Agricultural Act of 2014 (7 U.S.C. 9036) is amended in subsections 

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

inserting ‘‘2023’’. 

SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE 

LOANS. 

(a) IN GENERAL.—Section 1202 of the Agricultural Act of 2014 

(7 U.S.C. 9032) is amended— 

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

and inserting ‘‘2014 THROUGH 2018 CROP YEARS’’; 

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

(c) and (d), respectively; 

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

‘‘(b) 2019 THROUGH 2023 CROP YEARS.—For purposes of each 

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

assistance loan under section 1201 for a loan commodity shall 

be equal to the following: 

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

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

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

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

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

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

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

adjusted prevailing world price for the 2 immediately preceding 

marketing years, as determined by the Secretary and 

announced October 1 preceding the next domestic planting. 

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

rate determined under subparagraph (A) may not equal less 

than an amount equal to 98 percent of the loan rate for base 

quality of upland cotton for the preceding year. 

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

may not be equal to an amount— 

‘‘(i) less than $0.45 per pound; or 

‘‘(ii) more than $0.52 per pound. 

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

pound. 

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


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132 STAT. 4510 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(9) In the case of medium grain rice, $7.00 per hundredweight. ‘‘(10) In the case of soybeans, $6.20 per bushel. 

‘‘(11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds: 

‘‘(A) Sunflower seed. 

‘‘(B) Rapeseed. 

‘‘(C) Canola. 

‘‘(D) Safflower. 

‘‘(E) Flaxseed. 

‘‘(F) Mustard seed. 

‘‘(G) Crambe. 

‘‘(H) Sesame seed. 

‘‘(I) Other oilseeds designated by the Secretary. ‘‘(12) In the case of dry peas, $6.15 per hundredweight. 

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

‘‘(14) In the case of small chickpeas, $10.00 per hundredweight. 

‘‘(15) In the case of large chickpeas, $14.00 per hundredweight. 

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

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

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

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

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

(4) in subsection (c) (as so redesignated), by striking ‘‘subsection (a)(11)’’ and inserting ‘‘subsections (a)(11) and (b)(11)’’. 

(b) CONFORMING AMENDMENT.—Section 1204(h)(1) of the Agricultural Act of 2014 (7 U.S.C. 9034(h)(1)) is amended by striking 

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

as applicable, of section 1202’’. 

SEC. 1203. ECONOMIC ADJUSTMENT ASSISTANCE FOR TEXTILE MILLS. 

(a) 2008 AUTHORITY.—Section 1207 of the Food, Conservation, 

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

subsection (c). 

(b) 2014 AUTHORITY.—Section 1207(c) of the Agricultural Act 

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

heading and inserting ‘‘ECONOMIC ADJUSTMENT ASSISTANCE FOR

TEXTILE MILLS’’. 

SEC. 1204. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG 

STAPLE COTTON. 

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

2014 (7 U.S.C. 9038(a)) is amended in the matter preceding paragraph (1) by striking ‘‘2019’’ and inserting ‘‘2024’’. 

(b) PAYMENTS UNDER PROGRAM; TRIGGER.—Section 1208(b)(2) 

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

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

SEC. 1205. AVAILABILITY OF RECOURSE LOANS. 

(a) IN GENERAL.—Section 1209 of the Agricultural Act of 2014 

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

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

(b) RECOURSE LOANS AVAILABLE FOR CONTAMINATED COMMODITIES.—Section 1209 of the Agricultural Act of 2014 (7 U.S.C. 9039) 

is amended— 

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


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4511 

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

‘‘(c) RECOURSE LOANS AVAILABLE FOR CONTAMINATED COMMOD- ITIES.—In the case of a loan commodity that is ineligible for 100 

percent of the nonrecourse marketing loan rate in the county due 

to a determination that the commodity is contaminated yet still 

merchantable, for each of the 2019 through 2023 crops of such 

loan commodity, the Secretary shall make available recourse commodity loans, at the rate provided under section 1202, on any 

production.’’. 

Subtitle C—Sugar 

SEC. 1301. SUGAR POLICY. 

(a) SUGAR PROGRAM.— (1) SUGARCANE.—Section 156(a) of the Federal Agriculture 

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

amended— 

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

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

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

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

of the 2019 through 2023 crop years.’’. 

(2) SUGAR BEETS.—Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 

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

(3) EFFECTIVE PERIOD.—Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) 

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

(b) FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.— (1) SUGAR ESTIMATES.—Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is 

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

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

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

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

Subtitle D—Dairy Margin Coverage and 

Other Dairy Related Provisions 

SEC. 1401. DAIRY MARGIN COVERAGE. 

(a) REVIEW OF DATA USED IN CALCULATION OF AVERAGE FEED

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

of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on 

Agriculture, Nutrition, and Forestry of the Senate a report evaluating the extent to which the average cost of feed used by a 

dairy operation to produce a hundredweight of milk calculated 

by the Secretary as required by section 1402(a) of the Agricultural 

Act of 2014 (7 U.S.C. 9052(a)) is representative of actual dairy 

feed costs. 

(b) CORN SILAGE REPORT.—Not later than 1 year after the 

date of the enactment of this Act, the Secretary shall submit to 

the Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the 


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132 STAT. 4512 PUBLIC LAW 115–334—DEC. 20, 2018 

Senate a report detailing the costs incurred by dairy operations 

in the use of corn silage as feed, and the difference between the 

feed cost of corn silage and the feed cost of corn. 

(c) COLLECTION OF ALFALFA HAY DATA.—Not later than 120 

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

acting through the National Agricultural Statistics Service, shall 

revise monthly price survey reports to include prices for highquality alfalfa hay in the top five milk producing States, as measured by volume of milk produced during the previous month. 

(d) REGISTRATION OF MULTIPRODUCER DAIRY OPERATIONS.—Section 1404(b) of the Agricultural Act of 2014 (7 U.S.C. 9054(b)) 

is amended— 

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

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

‘‘(3) ELECTION PERIOD FOR 2019 CALENDAR YEAR.—For the 

2019 calendar year, the Secretary shall— 

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

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

the Agriculture Improvement Act of 2018; and 

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

90 days. 

‘‘(4) TREATMENT OF MULTIPRODUCER DAIRY OPERATION.— 

‘‘(A) IN GENERAL.—If a participating dairy operation 

is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall 

be treated as a single dairy operation for purposes of 

participating in dairy margin coverage. 

‘‘(B) RULE OF CONSTRUCTION.—Subparagraph (A) shall 

not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums 

from the proportion covered for the operation.’’. 

(e) RELATION TO LIVESTOCK GROSS MARGIN FOR DAIRY PROGRAM.— 

(1) IN GENERAL.—Section 1404 of the Agricultural Act of 

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

(2) RETROACTIVE PROGRAM OPTION.—Section 1404(b)(2) of 

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

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(A) IN GENERAL.—The Secretary’’; and 

(B) by adding at the end the following: 

‘‘(B) RETROACTIVE PROGRAM OPTION.—In the case of 

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

in effect on the day before the date of enactment of the 

Agriculture Improvement Act of 2018), was ineligible to 

participate in the margin protection program for any part 

of calendar year 2018, the Secretary shall establish a new 

election period for that calendar year that ends on a date 

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

of the Agriculture Improvement Act of 2018 and the Secretary determines is necessary for dairy operations to make 

new elections to participate in the margin protection program (as in effect on the day before the date of enactment 

of the Agriculture Improvement Act of 2018) for that calendar year, including dairy operations that elected to 

participate in the livestock gross margin for dairy program 

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

7 USC 9052 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4513 

seq.) before the date of enactment of the Bipartisan Budget 

Act of 2018 (Public Law 115–123).’’. 

(f) PRODUCTION HISTORY OF PARTICIPATING DAIRY OPERATORS.— (1) ADJUSTMENT.—Section 1405 of the Agricultural Act of 

2014 (7 U.S.C. 9055) is amended— 

(A) in subsection (a)— 

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

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

ending before January 1, 2019’’; and 

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

after ‘‘paragraph (2)’’; and 

(B) in subsection (b)— 

(i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting 

appropriately; 

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

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

the following: 

‘‘(1) DAIRY OPERATIONS WITH LESS THAN 1 YEAR OF PRODUCTION HISTORY.—In the case’’; and 

(iii) by adding at the end the following: 

‘‘(2) DAIRY OPERATIONS WITH 1 YEAR OR MORE OF PRODUCTION HISTORY.—In the case of a participating dairy operation 

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

not established a production history, and that has been in 

operation for equal to or longer than 1 year, the participating 

dairy operation shall elect the annual milk marketings during 

any 1 calendar year to determine the production history of 

the participating dairy operation. 

‘‘(3) ADJUSTMENT.—The Secretary shall adjust the production history of a participating dairy operation determined under 

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

the national average milk production relative to calendar year 

2017.’’. 

(2) LIMITATION ON CHANGES TO BUSINESS STRUCTURE.— 

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

is amended by adding at the end the following new subsection: 

‘‘(d) LIMITATION ON CHANGES TO BUSINESS STRUCTURE.—The 

Secretary may not make dairy margin coverage payments to a 

participating dairy operation if the Secretary determines that the 

participating dairy operation has reorganized the structure of such 

operation solely for the purpose of qualifying as a new operation 

under subsection (b).’’. 

(g) COVERAGE LEVEL THRESHOLD AND COVERAGE PERCENTAGE.—Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) 

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

‘‘(a) COVERAGE LEVEL THRESHOLD AND COVERAGE PERCENTAGE.— 

‘‘(1) COVERAGE LEVEL THRESHOLD.— 

‘‘(A) IN GENERAL.—For purposes of receiving dairy 

margin coverage payments for a month, a participating 

dairy operation shall annually elect a coverage level 

threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, 

$6.50, $7.00, $7.50, $8.00, $8.50, $9.00, or $9.50. 

‘‘(B) APPLICABILITY.—Except as provided in subparagraph (C), the coverage level threshold elected under 


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132 STAT. 4514 PUBLIC LAW 115–334—DEC. 20, 2018 

subparagraph (A) shall apply to the covered production 

elected by the participating dairy operation under paragraph (2). 

‘‘(C) SECOND COVERAGE ELECTION FOR TIER II.—In the 

case of a participating dairy operation that elects a coverage 

level threshold of $8.50, $9.00, or $9.50 under subparagraph (A)— 

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

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

in the covered production elected by the participating 

dairy operation; and 

‘‘(ii) the participating dairy operation shall elect a coverage level threshold that is equal to $4.00, $4.50, 

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

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

included in the covered production elected by the 

participating dairy operation. 

‘‘(2) COVERAGE PERCENTAGE.—For purposes of receiving 

dairy margin coverage payments for a month, a participating 

dairy operation shall annually elect a percentage of coverage, 

in 5-percent increments, not exceeding 95 percent of the production history of the participating dairy operation.’’. 

(h) PRODUCER PREMIUMS.—Section 1407 of the Agricultural 

Act of 2014 (7 U.S.C. 9057) is amended— 

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

and inserting the following: 

‘‘(2) PRODUCER PREMIUMS.—Except as provided in subsection (g), the following annual premiums apply: 

‘‘Coverage Level Premium per Cwt. 

$4.00 None 

$4.50 $0.0025 

$5.00 $0.005 

$5.50 $0.030 

$6.00 $0.050 

$6.50 $0.070 

$7.00 $0.080 

$7.50 $0.090 

$8.00 $0.100 

$8.50 $0.105 

$9.00 $0.110 

$9.50 $0.150’’; and 

(2) in subsection (c), by striking paragraph (2) and inserting 

the following: 

‘‘(2) PRODUCER PREMIUMS.—Except as provided in subsection (g), the following annual premiums apply: 

‘‘Coverage Level Premium per Cwt. 

$4.00 None 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4515 

‘‘Coverage Level Premium per Cwt. 

$4.50 $0.0025 

$5.00 $0.005 

$5.50 $0.100 

$6.00 $0.310 

$6.50 $0.650 

$7.00 $1.107 

$7.50 $1.413 

$8.00 $1.813’’. 

(i) REPAYMENT OF PREMIUMS.—Section 1407 of the Agricultural 

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

the following: 

‘‘(f) REPAYMENT OF PREMIUMS.— ‘‘(1) IN GENERAL.—Each dairy operation described in paragraph (2) shall be eligible to receive a repayment from the 

Secretary in an amount equal to the difference between— 

‘‘(A) the total amount of premiums paid by the participating dairy operation under this section for each 

applicable calendar year; and 

‘‘(B) the total amount of payments made to the participating dairy operation under section 1406 for that calendar 

year. 

‘‘(2) ELIGIBILITY.—A dairy operation that is eligible to 

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

that— 

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

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

and 

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

repayment at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(3) METHOD OF REPAYMENT.—A dairy operation that is 

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

to receive the repayment— 

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

calculated under that paragraph as credit that may be 

used by the dairy operation for dairy margin coverage 

premiums; or 

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

calculated under that paragraph as a direct cash repayment. 

‘‘(4) APPLICABILITY.—Paragraph (1) shall only apply to a 

calendar year during the period of calendar years 2014 through 

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

that paragraph is greater than the amount described in 

subparagraph (B) of that paragraph.’’. 

(j) PREMIUM DISCOUNT.—Section 1407 of the Agricultural Act 

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

by adding at the end the following: 

‘‘(g) PREMIUM DISCOUNT.—The premium per hundredweight 

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

each coverage level shall be reduced by 25 percent in accordance 

with the following: 


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132 STAT. 4516 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(1) IN GENERAL.—For each of calendar years 2019 through 

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

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

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

in January 2019. 

‘‘(2) NEW DAIRY OPERATIONS.—For each applicable calendar 

year through 2023, for a participating dairy operation that— 

‘‘(A) establishes a production history pursuant to section 1405(b); and 

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

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

for the period beginning with the first available calendar 

year and ending in December 2023. 

‘‘(3) FULL PARTICIPATION REQUIRED.—Notwithstanding the 

annual elections under section 1406(a)— 

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

remain in effect for the full duration applicable to a participating dairy operation in accordance with paragraph (1) 

or (2)(B), as applicable; and 

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

time enrollment under this subsection and is noncompliant 

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

(k) CONFORMING AMENDMENTS RELATED TO PROGRAM NAME.— 

(1) HEADING.—The heading of part I of subtitle D of title 

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

Stat. 688) is amended to read as follows: 

‘‘PART I—DAIRY MARGIN COVERAGE’’. 

(2) DEFINITIONS.—Section 1401 of the Agricultural Act of 

2014 (7 U.S.C. 9051) is amended— 

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

the following new paragraphs: 

‘‘(5) DAIRY MARGIN COVERAGE.—The term ‘dairy margin 

coverage’ means the dairy margin coverage program required 

by section 1403. 

‘‘(6) DAIRY MARGIN COVERAGE PAYMENT.—The term ‘dairy 

margin coverage payment’ means a payment made to a participating dairy operation under dairy margin coverage pursuant 

to section 1406.’’; and 

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

protection program’’ both places it appears and inserting 

‘‘dairy margin coverage’’. 

(3) CALCULATION OF ACTUAL DAIRY PRODUCTION MARGIN.— 

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

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

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

‘‘dairy margin coverage’’. 

(4) PROGRAM OPERATION.—Section 1403 of the Agricultural 

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

(A) by striking the section heading and inserting ‘‘DAIRY MARGIN COVERAGE’’; 

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

the Secretary shall establish and administer a margin 

protection program’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary shall continue to administer 

a dairy margin coverage program’’; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4517 

(C) in subsection (a) (as so designated), by striking 

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

inserting ‘‘dairy margin coverage payment’’; and 

(D) by adding at the end the following: 

‘‘(b) REGULATIONS.—Subpart A of part 1430 of title 7, Code 

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

the Agriculture Improvement Act of 2018), shall remain in effect 

for dairy margin coverage beginning with the 2019 calendar year, 

except to the extent that the regulations are inconsistent with 

any provision of this Act.’’. 

(5) PARTICIPATION.—Section 1404 of the Agricultural Act 

of 2014 (7 U.S.C. 9054) is amended— 

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

PROTECTION PROGRAM’’ and inserting ‘‘DAIRY MARGIN

COVERAGE’’; 

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

program to receive margin protection payments’’ and 

inserting ‘‘dairy margin coverage to receive dairy margin 

coverage payments’’; and 

(C) in subsections (b) and (c), by striking ‘‘the margin 

protection program’’ each place it appears and inserting 

‘‘dairy margin coverage’’. 

(6) PRODUCTION HISTORY.—Section 1405 of the Agricultural 

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

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

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

(7) PAYMENTS.—Section 1406 of the Agricultural Act of 

2014 (7 U.S.C. 9056) is amended— 

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

PROTECTION’’ and inserting ‘‘DAIRY MARGIN COVERAGE’’; 

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

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

(C) in the heading of subsection (c), by striking 

‘‘MARGIN PROTECTION’’. 

(8) PREMIUMS.—Section 1407 of the Agricultural Act of 

2014 (7 U.S.C. 9057) is amended— 

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

PROTECTION PROGRAM’’ and inserting ‘‘DAIRY MARGIN

COVERAGE’’; 

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

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

inserting ‘‘dairy margin coverage’’; 

(C) in subsection (d), by striking ‘‘program’’ and 

inserting ‘‘dairy margin coverage’’; and 

(D) in subsection (e)— 

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

both places it appears and inserting ‘‘dairy margin 

coverage’’; and 

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

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

(9) FAILURE TO PAY ADMINISTRATIVE FEES OR PREMIUMS.— 

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

is amended— 

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

and inserting ‘‘dairy margin coverage’’; and 


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132 STAT. 4518 PUBLIC LAW 115–334—DEC. 20, 2018 

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

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

(10) ADMINISTRATION AND ENFORCEMENT.—Section 1410 of 

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

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

protection program’’ each place it appears and inserting 

‘‘dairy margin coverage’’; and 

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

and inserting ‘‘dairy margin coverage’’. 

(l) DURATION.—Section 1409 of the Agricultural Act of 2014 

(7 U.S.C. 9059) is amended— 

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

inserting ‘‘Dairy margin coverage’’; and 

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

(m) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on January 1, 2019. 

SEC. 1402. REAUTHORIZATIONS. 

(a) FORWARD PRICING.—Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended— 

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

‘‘2023’’; and 

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

‘‘2026’’. 

(b) INDEMNITY PROGRAM.—Section 3 of Public Law 90–484 (7 

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

(c) PROMOTION AND RESEARCH.—Section 113(e)(2) of the Dairy 

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

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

SEC. 1403. CLASS I SKIM MILK PRICE. 

(a) CLASS I SKIM MILK PRICE.—Section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is 

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

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

and inserting ‘‘Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period 

unless modified by amendment to the order involved), for purposes 

of determining prices for milk of the highest use classification, 

the Class I skim milk price per hundredweight specified in section 

1000.50(b) of title 7, Code of Federal Regulations (or successor 

regulations), shall be the sum of the adjusted Class I differential 

specified in section 1000.52 of such title 7 (or successor regulations), 

plus the adjustment to Class I prices specified in sections 1005.51(b), 

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

plus the simple average of the advanced pricing factors computed 

in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulations), plus $0.74.’’. 

(b) EFFECTIVE DATE AND IMPLEMENTATION.— 

(1) EFFECTIVE DATE.—The amendment made by subsection 

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

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

(2) IMPLEMENTATION.—Implementation of the amendment 

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

following: 

(A) The notice and comment provisions of section 553 

of title 5, United States Code. 

7 USC 608c note. 

7 USC 9051 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4519 

(B) The notice and hearing requirements of section 

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

reenacted with amendments by the Agricultural Marketing 

Agreement Act of 1937. 

(C) The order amendment requirements of section 

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

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

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

SEC. 1404. DAIRY PRODUCT DONATION. 

(a) REPEAL OF DAIRY PRODUCT DONATION PROGRAM.—Section 

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

(b) MILK DONATION PROGRAM.— 

(1) IN GENERAL.—Part III of subtitle D of title I of the 

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

is amended to read as follows: 

‘‘PART III—MILK DONATION PROGRAM 

‘‘SEC. 1431. MILK DONATION PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE DAIRY ORGANIZATION.—The term ‘eligible 

dairy organization’ means a dairy farmer (either individually 

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

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

marketwide pool; and 

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

‘‘(2) ELIGIBLE DISTRIBUTOR.—The term ‘eligible distributor’ 

means a public or private nonprofit organization that distributes donated eligible milk. 

‘‘(3) ELIGIBLE MILK.—The term ‘eligible milk’ means Class 

I fluid milk products produced and processed in the United 

States. 

‘‘(4) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ 

means a partnership between an eligible dairy organization 

and an eligible distributor. 

‘‘(5) PARTICIPATING PARTNERSHIP.—The term ‘participating 

partnership’ means an eligible partnership for which the Secretary has approved a donation and distribution plan for eligible 

milk under subsection (c)(2). 

‘‘(b) PROGRAM REQUIRED; PURPOSES.—Not later than 180 days 

after the date of enactment of the Agriculture Improvement Act 

of 2018, the Secretary shall establish and administer a milk donation program for the purposes of— 

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

‘‘(2) providing nutrition assistance to individuals in lowincome groups; and 

‘‘(3) reducing food waste. 

‘‘(c) DONATION AND DISTRIBUTION PLANS.— 

‘‘(1) IN GENERAL.—To be eligible to receive reimbursement 

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

the Secretary a donation and distribution plan that— 

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

will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk; 

7 USC 9071. 


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132 STAT. 4520 PUBLIC LAW 115–334—DEC. 20, 2018 

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

milk that the eligible partnership will donate each year, 

based on— 

‘‘(i) preplanned donations; and 

‘‘(ii) contingency plans to address unanticipated 

donations; and 

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

will be reimbursed, which shall be based on a percentage 

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

100 percent. 

‘‘(2) REVIEW AND APPROVAL.—Not less frequently than 

annually, the Secretary shall— 

‘‘(A) review donation and distribution plans submitted 

under paragraph (1); and 

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

of those donation and distribution plans. 

‘‘(d) REIMBURSEMENT.— 

‘‘(1) IN GENERAL.—On receipt of appropriate documentation 

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

dairy organization that is a member of a participating partnership on a regular basis for qualified expenses described in 

subsection (e). 

‘‘(2) DOCUMENTATION.— 

‘‘(A) IN GENERAL.—An eligible dairy organization shall 

submit to the Secretary such documentation as the Secretary may require to demonstrate the qualified expenses 

described in subsection (e) of the eligible dairy organization. 

‘‘(B) VERIFICATION.—The Secretary may verify the 

accuracy of documentation submitted under subparagraph 

(A) by spot checks and audits. 

‘‘(3) RETROACTIVE REIMBURSEMENT.—In providing 

reimbursements under paragraph (1), the Secretary may provide reimbursements for qualified expenses incurred before the 

date on which the donation and distribution plan for the 

applicable participating partnership was approved by the Secretary. 

‘‘(e) QUALIFIED EXPENSES.— 

‘‘(1) IN GENERAL.—The amount of a reimbursement under 

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

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

dairy organization under a donation and distribution plan 

approved by the Secretary under subsection (c); and 

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

rate described in that donation and distribution plan under 

subsection (c)(1)(C). 

‘‘(2) LIMITATION.—Expenses eligible for reimbursement 

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

dairy organization incurred by accounting to the Federal milk 

marketing order pool at the difference in the Class I milk 

value and the lowest classified price for the applicable month 

(either Class III milk or Class IV milk). 

‘‘(f) PREAPPROVAL.— 

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

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

to apply for preapproval of donation and distribution plans 

under subsection (c); and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4521 

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

amount for qualified expenses described in subsection (e) 

that the Secretary will allocate for reimbursement under 

each donation and distribution plan preapproved under 

subparagraph (A), based on an assessment of— 

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

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

purposes described in subsection (b). 

‘‘(2) PREFERENCE.—In preapproving amounts for reimbursement under paragraph (1)(B), the Secretary shall give preference to eligible partnerships that will provide funding and 

in-kind contributions in addition to the reimbursements. 

‘‘(3) ADJUSTMENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall adjust or 

increase amounts preapproved for reimbursement under 

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

‘‘(B) REQUESTS FOR INCREASE.— 

‘‘(i) IN GENERAL.—The Secretary shall establish a 

procedure for a participating partnership to request 

an increase in the amount preapproved for reimbursement under paragraph (1)(B) based on changes in 

conditions. 

‘‘(ii) INTERIM APPROVAL; INCREMENTAL INCREASE.— 

The Secretary may provide an interim approval of an 

increase requested under clause (i) and an incremental 

increase in the amount of reimbursement to the 

applicable participating partnership to allow time for 

the Secretary to review the request without interfering 

with the donation and distribution of eligible milk by 

the participating partnership. 

‘‘(g) PROHIBITION ON RESALE OF PRODUCTS.— 

‘‘(1) IN GENERAL.—An eligible distributor that receives 

eligible milk donated under this section may not sell the products back into commercial markets. 

‘‘(2) PROHIBITION ON FUTURE PARTICIPATION.—An eligible 

distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation 

in the program established under this section. 

‘‘(h) ADMINISTRATION.—The Secretary shall publicize opportunities to participate in the program established under this section. 

‘‘(i) REVIEWS.—The Secretary shall conduct appropriate reviews 

or audits to ensure the integrity of the program established under 

this section. 

‘‘(j) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $9,000,000 

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

to remain available until expended.’’. 

(2) CONFORMING AMENDMENT.—Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended, in the matter 

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


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132 STAT. 4522 PUBLIC LAW 115–334—DEC. 20, 2018 

Subtitle E—Supplemental Agricultural 

Disaster Assistance 

SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE. 

(a) MEMBERS OF INDIAN TRIBES.—Section 1501(a)(1)(B) of the 

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

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

and (v), respectively; and 

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

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

terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 

5304));’’. 

(b) COVERED LIVESTOCK LOSSES FOR LIVESTOCK INDEMNITY PAY- MENTS.—Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 

9081(b)) is amended— 

(1) in paragraph (1)— 

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

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

inserting ‘‘cold, on the condition that in the case of the 

death loss of unweaned livestock due to that adverse 

weather, the Secretary may disregard any management 

practice, vaccination protocol, or lack of vaccination by 

the eligible producer on a farm; or’’; and 

(C) by adding at the end the following new subparagraph: 

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

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

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

or acceptable management practices.’’; and 

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

‘‘PAYMENT REDUCTIONS.—A payment’’. 

(c) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND

FARM-RAISED FISH.— (1) IN GENERAL.—Section 1501(d)(2) of the Agricultural Act 

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

including inspections of cattle tick fever’’ before the period 

at the end. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

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

on or after the date of enactment of this Act. 

(d) TREE ASSISTANCE PROGRAM.—Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended— 

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

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

and (5)’’; and 

(2) by adding at the end the following: 

‘‘(5) PAYMENT RATE FOR BEGINNING AND VETERAN PRO- DUCERS.—Subject to paragraph (4), in the case of a beginning 

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

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

Food, Agriculture, Conservation, and Trade Act of 1990 (7 

U.S.C. 2279)) that is eligible to receive assistance under this 

subsection, the Secretary shall provide reimbursement of 75 

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

paragraph (3).’’. 

7 USC 9081 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4523 

(e) PAYMENT LIMITATION.—Section 1501(f)(2) of the Agricultural 

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

section (excluding payments received under subsections (b) and 

(e))’’ and inserting ‘‘subsection (c)’’. 

Subtitle F—Noninsured Crop Assistance 

SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM. 

Section 196 of the Federal Agriculture Improvement and 

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

(1) in subsection (a)— 

(A) in paragraph (1), by adding at the end the following: 

‘‘(C) DATA COLLECTION AND SHARING.—The Secretary 

shall coordinate with the Administrator of the Risk 

Management Agency on the type and format of data 

received under the noninsured crop disaster assistance program that— 

‘‘(i) best facilitates the use of that data in developing policies or plans of insurance offered under the 

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

and 

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

regular basis. 

‘‘(D) COORDINATION.—The Secretary shall coordinate 

between the agencies of the Department that provide programs or services to farmers and ranchers that are potentially eligible for the noninsured crop disaster assistance 

program under this section— 

‘‘(i) to make available coverage under— 

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

‘‘(II) the premium discount under subsection 

(l)(3); and 

‘‘(ii) to share eligibility information to reduce 

paperwork and avoid duplication.’’; 

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

and inserting the following: 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), in this 

section, the term ‘eligible crop’ means each commercial 

crop or other agricultural commodity that is produced for 

food or fiber (except livestock) for which catastrophic risk 

protection under subsection (b) of section 508 of the Federal 

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

under subsections (c) and (h) of such section are not available or, if such coverage is available, it is only available 

under a policy that provides coverage for specific intervals 

based on weather indexes or under a whole farm plan 

of insurance.’’; and 

(C) in paragraph (4)(B)— 

(i) by striking clause (i) and inserting the following: 

‘‘(i) IN GENERAL.— ‘‘(I) AGRICULTURAL ACT OF 2014.—During the 

first 4 crop years of planting, as determined by 

the Secretary, native sod acreage that has been 

tilled for the production of an annual crop during 

the period beginning on February 8, 2014, and 

ending on the date of enactment of the Agriculture 


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132 STAT. 4524 PUBLIC LAW 115–334—DEC. 20, 2018 

Improvement Act of 2018 shall be subject to a 

reduction in benefits under this section as 

described in this subparagraph. 

‘‘(II) SUBSEQUENT YEARS.—Native sod acreage 

that has been tilled for the production of an eligible 

crop after the date of enactment of the Agriculture 

Improvement Act of 2018 shall be subject to a 

reduction in benefits under this section as 

described in this subparagraph for not more than 

any 4 crop years— 

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

the initial tillage; and 

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

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

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

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

(2) in subsection (b)— 

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

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

(B) by adding at the end the following: 

‘‘(4) STREAMLINED SUBMISSION PROCESS.—The Secretary 

shall establish a streamlined process for the submission of 

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

diverse production systems such as those typical of urban 

production systems, other small-scale production systems, and 

direct-to-consumer production systems.’’; 

(3) in subsection (d)— 

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

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

(B) by inserting before paragraph (2) (as so redesignated) the following: 

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

eligible crop; by’’; and 

(C) in paragraph (2) (as so redesignated), by striking 

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

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

(4) in subsection (e)— 

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

‘‘approved’’; 

(B) in paragraph (2)— 

(i) in the second sentence— 

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

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

following: 

‘‘(B) CALCULATION.—Subject’’; and 

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

so designated)— 

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

‘‘an approved yield’’; and 

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

the following: 

‘‘(A) IN GENERAL.—The Secretary’’; and 

(C) in paragraph (3), by striking ‘‘transitional yield 

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

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

inserting the following: ‘‘exceed— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4525 

‘‘(A) in the case of catastrophic coverage under sub- section (c), $125,000; and 

‘‘(B) in the case of additional coverage under subsection (l), $300,000’’; 

(6) in subsection (k)(1)— 

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

inserting ‘‘$325’’; and 

(B) in subparagraph (B)— 

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

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

and 

(7) in subsection (l)— 

(A) in paragraph (1)— 

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

(C) as subparagraphs (B), (C), and (D), respectively; 

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

redesignated) the following: 

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

to the crop;’’; and 

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

inserting ‘‘, contract price, or other premium price (such 

as a local, organic, or direct market price, as elected 

by the producer)’’ after ‘‘price’’; 

(B) in paragraph (2)(B)(i)— 

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

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

and inserting ‘‘and’’; and 

(iii) by adding at the end the following: 

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

(C) by striking paragraphs (3) and (5); and 

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

Subtitle G—Administration 

SEC. 1701. REGULATIONS. 

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

9091(c)(2)) is amended— 

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

‘‘title and sections 11003 and 11017’’ and inserting ‘‘title, sections 11003 and 11017, title I of the Agriculture Improvement 

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

section 10109 of that Act’’; 

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

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

a period; and 

(4) by striking subparagraph (C). 

SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY. 

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

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

‘‘2023’’. 

SEC. 1703. PAYMENT LIMITATIONS. 

(a) IN GENERAL.—Section 1001 of the Food Security Act of 

1985 (7 U.S.C. 1308) is amended— 

(1) in subsection (a)— 


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132 STAT. 4526 PUBLIC LAW 115–334—DEC. 20, 2018 

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

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

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

9011)’’; and 

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

nephew,’’ after ‘‘sibling,’’; 

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

loan gains or loan deficiency payments under subtitle B of 

title I of the Agricultural Act of 2014’’ each place it appears 

and inserting ‘‘of the Agricultural Act of 2014 (7 U.S.C. 9016, 

9017)’’; and 

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

‘‘(9) ADMINISTRATION OF REDUCTION.—The Secretary shall 

apply any order described in section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) to payments under 

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

to applying payment limitations under this section.’’. 

(b) APPLICATION.—The amendments made by this section shall 

apply beginning with the 2019 crop year. 

SEC. 1704. ADJUSTED GROSS INCOME LIMITATIONS. 

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

1985 (7 U.S.C. 1308–3a(b)) is amended— 

(1) in paragraph (2)(C), by inserting ‘‘title II of the Agriculture Improvement Act of 2018,’’ after ‘‘under’’; and 

(2) by adding at the end the following: 

‘‘(3) WAIVER.—The Secretary may waive the limitation 

established by paragraph (1) with respect to a payment pursuant to a covered benefit described in paragraph (2)(C), on a 

case-by-case basis, if the Secretary determines that environmentally sensitive land of special significance would be protected as a result of such waiver.’’. 

(b) CONFORMING AMENDMENT.—Section 1001D(b)(1) of the Food 

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

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

(c) TRANSITION.—Section 1001D of the Food Security Act of 

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

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

crop, fiscal, or program year, as appropriate, for each program 

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

that day). 

SEC. 1705. FARM SERVICE AGENCY ACCOUNTABILITY. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish policies, procedures, 

and plans to improve program accountability and integrity through 

targeted and coordinated activities, including utilizing data mining 

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

administered by the Farm Service Agency. 

(b) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on 

Agriculture, Nutrition, and Forestry of the Senate a report 

describing the progress and results of the activities conducted under 

subsection (a). 

7 USC 6932 note. 

7 USC 1308–3a 

note. 

7 USC 1308 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4527 

SEC. 1706. IMPLEMENTATION. 

(a) MAINTENANCE OF BASE ACRES AND PAYMENT YIELDS.—Section 1614(a) of the Agricultural Act of 2014 (7 U.S.C. 9097(a)) 

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

1112 and 1113’’ before the period at the end. 

(b) STREAMLINING.—Section 1614 of the Agricultural Act of 

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

inserting the following: 

‘‘(b) STREAMLINING.—In implementing this title and the amendments made by this title, the Secretary shall— 

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

to producers by streamlining and reducing paperwork, forms, 

and other administrative requirements, to ensure that— 

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

information, electronically (including geospatial data) or 

conventionally, to the Department of Agriculture, subject 

to the Secretary— 

‘‘(i) establishing reasonable levels of tolerance that 

reflect the differences in accuracy between measures 

of common land units and geospatial data; and 

‘‘(ii) ensuring that discrepancies that occur within 

the levels of tolerance established under clause (i) shall 

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

a producer) under any program administered by the 

Department of Agriculture; 

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

a producer), the Department of Agriculture electronically 

shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit 

data, related farm level data, conservation practices, and 

other information of the producer through a single Department of Agriculture-wide login; 

‘‘(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of the Farm Service Agency shall implement a consistent method for determining crop acreage, acreage yields, 

farm acreage, property descriptions, and other common 

informational requirements, including measures of common 

land units; 

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

or scheme and device, no crop insurance agent, approved 

insurance provider, or employee or contractor of a crop 

insurance agency or approved insurance provider bears 

responsibility or liability under the Acreage Crop Reporting 

and Streamlining Initiative (or any successor or similar 

initiative) for the eligibility of a producer for a program 

administered by the Department of Agriculture, not 

including a policy or plan of insurance offered under the 

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

‘‘(E) on request of a crop insurance agent or approved 

insurance provider required to deliver policies and plans 

of insurance under the Federal Crop Insurance Act (7 

U.S.C. 1501 et seq.) the crop insurance agent or approved 

insurance provider receives, in a timely manner, any 

information held by the Farm Service Agency that is necessary to ensure effective crop insurance coverage for 

farmer customers; 


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132 STAT. 4528 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(2) continue to improve coordination, information sharing, 

and administrative work among the Farm Service Agency, Risk 

Management Agency, Natural Resources Conservation Service, 

and other agencies, as determined by the Secretary; 

‘‘(3) continue to take advantage of new technologies to 

enhance the efficiency and effectiveness of the delivery of 

Department of Agriculture programs to producers, including 

by developing and making publicly available data standards 

and security procedures to allow third-party providers to 

develop applications that use or feed data (including geospatial 

and precision agriculture data) into the datasets and analyses 

of the Department of Agriculture; and 

‘‘(4) reduce administrative burdens on producers participating in price loss coverage or agriculture risk coverage by 

offering— 

‘‘(A) those producers an option to remotely and electronically sign annual contracts for that coverage; and 

‘‘(B) to the maximum extent practicable, an option 

to sign a multiyear contract for that coverage.’’. 

(c) IMPLEMENTATION.—Section 1614(c) of the Agricultural Act 

of 2014 (7 U.S.C. 9097(c)) is amended by adding at the end the 

following: 

‘‘(4) AGRICULTURE IMPROVEMENT ACT OF 2018.—The Secretary shall make available to the Farm Service Agency to 

carry out title I of the Agriculture Improvement Act of 2018 

and the amendments made by that title $15,500,000.’’. 

(d) LOAN IMPLEMENTATION.—Section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended by striking 

‘‘under subtitles’’ and all that follows through ‘‘except’’ and inserting 

‘‘under subtitle B or C, under the amendments made by subtitle 

B or C, or under the amendments made by subtitle B or C of 

the Agriculture Improvement Act of 2018, except’’. 

(e) DEOBLIGATION OF UNLIQUIDATED OBLIGATIONS.—Section 

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

by adding at the end the following: 

‘‘(e) DEOBLIGATION OF UNLIQUIDATED OBLIGATIONS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (3), any payment 

obligated or otherwise made available by the Secretary under 

this title on or after the date of enactment of the Agriculture 

Improvement Act of 2018 that is not disbursed to the recipient 

by the date that is 5 years after the date on which the payment 

is obligated or otherwise made available shall— 

‘‘(A) be deobligated; and 

‘‘(B) revert to the Treasury. 

‘‘(2) OUTSTANDING PAYMENTS.— 

‘‘(A) IN GENERAL.—Subject to paragraph (3), any payment obligated or otherwise made available by the Farm 

Service Agency (or any predecessor agency of the Department of Agriculture) under the laws described in subparagraph (B) before the date of enactment of the Agriculture 

Improvement Act of 2018, that is not disbursed by the 

date that is 5 years after the date on which the payment 

is obligated or otherwise made available shall— 

‘‘(i) be deobligated; and 

‘‘(ii) revert to the Treasury. 

‘‘(B) LAWS DESCRIBED.—The laws referred to in 

subparagraph (A) are any of the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4529 

‘‘(i) This title. 

‘‘(ii) Title I of the Food, Conservation, and Energy 

Act of 2008 (7 U.S.C. 8702 et seq.). 

‘‘(iii) Title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.). 

‘‘(iv) The Agricultural Market Transition Act (7 

U.S.C. 7201 et seq.). 

‘‘(v) Titles I through XI of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (Public Law 101– 

624; 104 Stat. 3374) and the amendments made by 

those titles. 

‘‘(vi) Titles I through X of the Food Security Act 

of 1985 (Public Law 99–198; 99 Stat. 1362) and the 

amendments made by those titles. 

‘‘(vii) Titles I through XI of the Agriculture and 

Food Act of 1981 (Public Law 97–98; 95 Stat. 1218) 

and the amendments made by those titles. 

‘‘(viii) Titles I through X of the Food and Agriculture Act of 1977 (Public Law 95–113; 91 Stat. 917) 

and the amendments made by those titles. 

‘‘(3) WAIVER.—The Secretary may delay the date of the 

deobligation and reversion under paragraph (1) or (2) of any 

payment— 

‘‘(A) that is the subject of— 

‘‘(i) ongoing administrative review or appeal; 

‘‘(ii) litigation; or 

‘‘(iii) the settlement of an estate; or 

‘‘(B) for which the Secretary otherwise determines that 

the circumstances are such that the delay is equitable.’’. 

(f) REPORT.—Section 1614 of the Agricultural Act of 2014 (7 

U.S.C. 9097) (as amended by subsection (e)) is amended by adding 

at the end the following: 

‘‘(f) REPORT.—Not later than January 1, 2020, and each January 

1 thereafter through January 1, 2023, the Secretary shall submit 

to the Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the 

Senate a report that describes the tilled native sod acreage that 

was subject to a reduction in benefits under section 196(a)(4)(B) 

of the Federal Agriculture Improvement and Reform Act of 1996 

(7 U.S.C. 7333(a)(4)(B) and section 508(o)(2) of the Federal Crop 

Insurance Act (7 U.S.C. 1508(o)(2))— 

‘‘(1) as of the date of submission of the report; and 

‘‘(2) by State and county, relative to the total acres of 

cropland in the State or county.’’. 

SEC. 1707. EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS 

FOR CERTAIN PRODUCERS. 

(a) DEFINITION OF EXEMPTED PRODUCER.—In this section, the 

term ‘‘exempted producer’’ means an individual or entity that is 

eligible to participate in— 

(1) a conservation program under title II or a law amended 

by title II; 

(2) an indemnity or disease control program under the 

Animal Health Protection Act (7 U.S.C. 8301 et seq.) or the 

Plant Protection Act (7 U.S.C. 7701 et seq.); or 

(3) a commodity program under title I of the Agricultural 

Act of 2014 (7 U.S.C. 9011 et seq.), excluding the assistance 

31 USC 6101 

note. 


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132 STAT. 4530 PUBLIC LAW 115–334—DEC. 20, 2018 

provided to users of cotton under sections 1207(c) and 1208 

of that Act (7 U.S.C. 9037(c), 9038). 

(b) EXEMPTION.—Notwithstanding the Federal Funding 

Accountability and Transparency Act of 2006 (Public Law 109– 

282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 

of title 2, Code of Federal Regulations (or successor regulations), 

shall not apply with respect to assistance received by an exempted 

producer from the Secretary, acting through the Chief of the Natural 

Resources Conservation Service, the Administrator of the Animal 

and Plant Health Inspection Service, or the Administrator of the 

Farm Service Agency. 

TITLE II—CONSERVATION 

Subtitle A—Wetland Conservation 

SEC. 2101. WETLAND CONVERSION. 

Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 

3821(d)) is amended— 

(1) by striking ‘‘Except as’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as’’; and 

(2) by adding at the end the following: 

‘‘(2) DUTY OF THE SECRETARY.—No person shall become 

ineligible under paragraph (1) if the Secretary determines that 

an exemption under section 1222(b) applies to that person.’’. 

SEC. 2102. WETLAND CONSERVATION. 

Section 1222(c) of the Food Security Act of 1985 (16 U.S.C. 

3822(c)) is amended— 

(1) by striking ‘‘No program’’ and inserting the following: 

‘‘(1) IN GENERAL.—No program’’; 

(2) in paragraph (1) (as so designated), by inserting ‘‘, 

which, except as provided in paragraph (2), shall be conducted 

in the presence of the affected person’’ before the period at 

the end; and 

(3) by adding at the end the following: 

‘‘(2) EXCEPTION.—The Secretary may conduct an on-site 

visit under paragraph (1) without the affected person present 

if the Secretary has made a reasonable effort to include the 

presence of the affected person at the on-site visit.’’. 

SEC. 2103. MITIGATION BANKING. 

Section 1222(k)(1)(B) of the Food Security Act of 1985 (16 

U.S.C. 3822(k)(1)(B)) is amended to read as follows: 

‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated to the Secretary to carry 

out this paragraph $5,000,000 for each of fiscal years 2019 

through 2023.’’. 

Subtitle B—Conservation Reserve Program 

SEC. 2201. CONSERVATION RESERVE. 

(a) IN GENERAL.—Section 1231(a) of the Food Security Act 

of 1985 (16 U.S.C. 3831(a)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4531 

(b) ELIGIBLE LAND.—Section 1231(b) of the Food Security Act 

of 1985 (16 U.S.C. 3831(b)) is amended— 

(1) in paragraph (1)(B), by striking ‘‘Agricultural Act of 

2014 (except for land enrolled in the conservation reserve program as of that date)’’ and inserting ‘‘Agriculture Improvement 

Act of 2018, on the condition that the Secretary shall consider 

to be planted cropland enrolled in the conservation reserve 

program’’; 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; 

(3) by inserting after paragraph (3) the following: 

‘‘(4) cropland, marginal pasture land, and grasslands that 

will have a positive impact on water quality and will be devoted 

to— 

‘‘(A) a grass sod waterway; 

‘‘(B) a contour grass sod strip; 

‘‘(C) a prairie strip; 

‘‘(D) a filterstrip; 

‘‘(E) a riparian buffer; 

‘‘(F) a wetland or a wetland buffer; 

‘‘(G) a saturated buffer; 

‘‘(H) a bioreactor; or 

‘‘(I) another similar water quality practice, as determined by the Secretary;’’; 

(4) in paragraph (5) (as so redesignated)— 

(A) in subparagraph (C), by striking ‘‘or filterstrips 

or riparian buffers devoted to trees, shrubs, or grasses’’ 

and inserting ‘‘salt tolerant vegetation, field borders, or 

practices to benefit State or federally identified wellhead 

protection areas’’; and 

(B) in subparagraph (E), by striking ‘‘or’’ after the 

semicolon; 

(5) in paragraph (6) (as so redesignated), in subparagraph 

(B)(ii), by striking the period at the end and inserting ‘‘; or’’; 

and 

(6) by adding at the end the following: 

‘‘(7) as determined by the Secretary, land— 

‘‘(A) that was enrolled in the conservation reserve program under a 15-year contract that expired on September 

30, 2017, or September 30, 2018; 

‘‘(B) for which there was no opportunity for additional 

enrollment in that program; and 

‘‘(C) on which the conservation practice under the 

expired contract under subparagraph (A) is maintained.’’. 

(c) ENROLLMENT.—Section 1231(d) of the Food Security Act 

of 1985 (16 U.S.C. 3831(d)) is amended— 

(1) in paragraph (1), by striking subparagraphs (A) through 

(E) and inserting the following: 

‘‘(A) fiscal year 2019, not more than 24,000,000 acres; 

‘‘(B) fiscal year 2020, not more than 24,500,000 acres; 

‘‘(C) fiscal year 2021, not more than 25,000,000 acres; 

‘‘(D) fiscal year 2022, not more than 25,500,000 acres; 

and 

‘‘(E) fiscal year 2023, not more than 27,000,000 acres.’’; 

(2) in paragraph (2)— 

(A) by striking subparagraphs (A) and (B) and inserting 

the following: 


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132 STAT. 4532 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) LIMITATION.—For purposes of applying the limitations in paragraph (1)— 

‘‘(i) the Secretary shall enroll and maintain in 

the conservation reserve not fewer than 2,000,000 acres 

of the land described in subsection (b)(3) by September 

30, 2023; and 

‘‘(ii) in carrying out clause (i), to the maximum 

extent practicable, the Secretary shall maintain in the 

conservation reserve at any one time during— 

‘‘(I) fiscal year 2019, 1,000,000 acres; 

‘‘(II) fiscal year 2020, 1,500,000 acres; and 

‘‘(III) fiscal years 2021 through 2023, 2,000,000 

acres. 

‘‘(B) PRIORITY.—In enrolling acres under subparagraph 

(A), the Secretary may give priority to land, as determined 

by the Secretary— 

‘‘(i) with expiring conservation reserve contracts; 

‘‘(ii) at risk of conversion or development; or 

‘‘(iii) of ecological significance, including land 

that— 

‘‘(I) may assist in the restoration of threatened 

or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); 

‘‘(II) may assist in preventing a species from 

being listed as a threatened or endangered species 

under the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.); or 

‘‘(III) improves or creates wildlife habitat corridors.’’; 

(B) in subparagraph (C)— 

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

‘‘(i) IN GENERAL.—In enrolling’’; 

(ii) in clause (i) (as so designated), by striking 

‘‘a continuous’’ and inserting ‘‘an annual’’; and 

(iii) by adding at the end the following: 

‘‘(ii) TIMING OF GRASSLAND RANKING PERIOD.—For 

purposes of grasslands described in subsection (b)(3), 

the Secretary shall announce at least 1 ranking period 

subsequent to the announcement of general enrollment 

offers.’’; and 

(C) by adding at the end the following: 

‘‘(D) RESERVATION OF UNENROLLED ACRES.—If the Secretary is unable in a fiscal year to enroll enough acres 

of land described in subsection (b)(3) to meet the number 

of acres described in clause (ii) or (iii) of subparagraph 

(A) for the fiscal year— 

‘‘(i) the Secretary shall reserve the remaining 

number of acres for that fiscal year for the enrollment 

of land described in subsection (b)(3); and 

‘‘(ii) that number of acres shall not be available 

for the enrollment of any other type of eligible land.’’; 

and 

(3) by adding at the end the following: 

‘‘(3) WATER QUALITY PRACTICES TO FOSTER CLEAN LAKES, 

ESTUARIES, AND RIVERS (CLEAR INITIATIVE).— 


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‘‘(A) IN GENERAL.—The Secretary shall give priority 

within continuous enrollment under paragraph (6) to the 

enrollment of land described in subsection (b)(4). 

‘‘(B) SEDIMENT AND NUTRIENT LOADINGS.—In carrying 

out subparagraph (A), the Secretary shall give priority 

to the implementation of practices on land that, if enrolled, 

will help reduce sediment loadings, nutrient loadings, and 

harmful algal blooms, as determined by the Secretary. 

‘‘(C) ACREAGE.— 

‘‘(i) IN GENERAL.—Of the acres maintained in the 

conservation reserve in accordance with paragraph (1), 

to the maximum extent practicable, not less than 40 

percent of acres enrolled in the conservation reserve 

using continuous enrollment under paragraph (6) shall 

be of land described in subsection (b)(4). 

‘‘(ii) LIMITATION.—The acres described in clause 

(i) shall not include grasslands described in subsection 

(b)(3). 

‘‘(D) REPORT.—The Secretary shall— 

‘‘(i) in the monthly publication of the Secretary 

describing conservation reserve program statistics, 

include a description of enrollments through the priority under this paragraph; and 

‘‘(ii) publish on the website of the Farm Service 

Agency an annual report describing a summary of, 

with respect to the enrollment priority under this paragraph— 

‘‘(I) new enrollments; 

‘‘(II) expirations; 

‘‘(III) geographic distribution; and 

‘‘(IV) estimated water quality benefits. 

‘‘(4) STATE ENROLLMENT RATES.—At the beginning of each 

of fiscal years 2019 through 2023, to the maximum extent 

practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each 

year for enrollment in the conservation reserve, in accordance 

with historical State enrollment rates, taking into consideration— 

‘‘(A) the average number of acres of all land enrolled 

in the conservation reserve in each State during each of 

fiscal years 2007 through 2016; 

‘‘(B) the average number of acres of all land enrolled 

in the conservation reserve nationally during each of fiscal 

years 2007 through 2016; and 

‘‘(C) the acres available for enrollment during each 

of fiscal years 2019 through 2023, excluding acres described 

in paragraph (2). 

‘‘(5) FREQUENCY.—In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis, 

the Secretary shall hold a signup and enrollment not less 

often than once each year. 

‘‘(6) CONTINUOUS ENROLLMENT PROCEDURE.— 

‘‘(A) IN GENERAL.—To the maximum extent practicable, 

the Secretary shall allow producers to submit applications 

on a continuous basis for enrollment in— 

‘‘(i) the conservation reserve of— 


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132 STAT. 4534 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(I) marginal pasture land described in subsection (b)(2); 

‘‘(II) land described in subsection (b)(4); and 

‘‘(III) cropland described in subsection (b)(5); 

and 

‘‘(ii) the conservation reserve enhancement program under section 1231A. 

‘‘(B) LIMITATION.—For purposes of applying the limitations in paragraph (1)— 

‘‘(i) the Secretary shall, to the maximum extent 

practicable, enroll and maintain not fewer than 

8,600,000 acres of land under subparagraph (A) by 

September 30, 2023; and 

‘‘(ii) in carrying out clause (i), to the maximum 

extent practicable, the Secretary shall maintain in the 

conservation reserve at any one time during— 

‘‘(I) fiscal year 2019, 8,000,000 acres; 

‘‘(II) fiscal year 2020, 8,250,000 acres; 

‘‘(III) fiscal year 2021, 8,500,000 acres; and 

‘‘(IV) fiscal years 2022 and 2023, 8,600,000 

acres.’’. 

(d) ELIGIBILITY FOR CONSIDERATION.—Section 1231(h) of the 

Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended— 

(1) by striking ‘‘On the expiration’’ and inserting the following: 

‘‘(1) IN GENERAL.—On the expiration’’; and 

(2) by adding at the end the following: 

‘‘(2) REENROLLMENT LIMITATION FOR CERTAIN LAND.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), land subject to a contract entered into under this 

subchapter shall be eligible for only one reenrollment in 

the conservation reserve under paragraph (1) if the land 

is devoted to hardwood trees. 

‘‘(B) EXCLUSIONS.—Subparagraph (A) shall not apply 

to— 

‘‘(i) riparian forested buffers; 

‘‘(ii) forested wetlands enrolled under subsection 

(d)(3) or the conservation reserve enhancement program under section 1231A; and 

‘‘(iii) shelterbelts.’’. 

SEC. 2202. CONSERVATION RESERVE ENHANCEMENT PROGRAM. 

(a) IN GENERAL.—Subchapter B of chapter 1 of subtitle D 

of title XII of the Food Security Act of 1985 is amended by inserting 

after section 1231 (16 U.S.C. 3831) the following: 

‘‘SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) CREP.—The term ‘CREP’ means a conservation reserve 

enhancement program carried out under subsection (b)(1). 

‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’ means land 

that is eligible to be included in the program established under 

this subchapter. 

‘‘(3) ELIGIBLE PARTNER.—The term ‘eligible partner’ 

means— 

‘‘(A) a State; 

‘‘(B) a political subdivision of a State; 

16 USC 3831a. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4535 

‘‘(C) an Indian tribe (as defined in section 4 of the 

Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 5304)); or 

‘‘(D) a nongovernmental organization. 

‘‘(4) MANAGEMENT.—The term ‘management’ means an 

activity conducted by an owner or operator under a contract 

entered into under this subchapter after the establishment 

of a conservation practice on eligible land, to regularly maintain 

or enhance the vegetative cover established by the conservation 

practice— 

‘‘(A) throughout the term of the contract; and 

‘‘(B) consistent with the conservation plan that covers 

the eligible land. 

‘‘(b) AGREEMENTS.— 

‘‘(1) IN GENERAL.—The Secretary may enter into an agreement with an eligible partner to carry out a conservation 

reserve enhancement program— 

‘‘(A) to assist in enrolling eligible land in the program 

established under this subchapter; and 

‘‘(B) that the Secretary determines will advance the 

purposes of this subchapter. 

‘‘(2) CONTENTS.—An agreement entered into under paragraph (1) shall— 

‘‘(A) describe— 

‘‘(i) 1 or more specific State or nationally significant 

conservation concerns to be addressed by the agreement; 

‘‘(ii) quantifiable environmental goals for 

addressing the concerns under clause (i); 

‘‘(iii) a suitable acreage goal for enrollment of 

eligible land under the agreement, as determined by 

the Secretary; 

‘‘(iv) the location of eligible land to be enrolled 

in the project area identified under the agreement; 

‘‘(v) the payments to be offered by the Secretary 

and eligible partner to an owner or operator; and 

‘‘(vi) an appropriate list of conservation reserve 

program conservation practices that are appropriate 

to meeting the concerns described under clause (i), 

as determined by the Secretary in consultation with 

eligible partners; 

‘‘(B) subject to subparagraph (C), require the eligible 

partner to provide matching funds— 

‘‘(i) in an amount determined during a negotiation 

between the Secretary and 1 or more eligible partners, 

if the majority of the matching funds to carry out 

the agreement are provided by 1 or more eligible partners that are not nongovernmental organizations; or 

‘‘(ii) in an amount not less than 30 percent of 

the cost required to carry out the conservation measures and practices described in the agreement, if a 

majority of the matching funds to carry out the agreement are provided by 1 or more nongovernmental 

organizations; and 

‘‘(C) include procedures to allow for a temporary waiver 

of the matching requirements under subparagraph (B), or 


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132 STAT. 4536 PUBLIC LAW 115–334—DEC. 20, 2018 

continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements, 

during a period when an eligible partner loses the authority 

or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued 

enrollment with a temporary suspension will advance the 

purposes of this subchapter. 

‘‘(3) EFFECT ON EXISTING AGREEMENTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), an 

agreement under this subsection shall not affect, modify, 

or interfere with existing agreements under this subchapter. 

‘‘(B) MODIFICATION OF EXISTING AGREEMENTS.—To 

implement this section, the signatories to an agreement 

under this subsection may mutually agree to a modification 

of an agreement entered into before the date of enactment 

of this section under the Conservation Reserve Enhancement Program established by the Secretary under this 

subchapter. 

‘‘(c) PAYMENTS.— 

‘‘(1) MATCHING REQUIREMENT.—Funds provided by an 

eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary. 

‘‘(2) MARGINAL PASTURELAND COST-SHARE PAYMENTS.—The 

Secretary shall ensure that cost-share payments to an owner 

or operator to install stream fencing, crossings, and alternative 

water development on marginal pastureland under a CREP 

reflect the fair market value of the cost of installation. 

‘‘(3) COST-SHARE AND PRACTICE INCENTIVE PAYMENTS.— 

‘‘(A) IN GENERAL.—On request of an owner or operator, 

the Secretary shall provide cost-share payments when a 

major component of a conservation practice is completed 

under a CREP, as determined by the Secretary. 

‘‘(B) EXEMPTION.—For purposes of implementing conservation practices on land enrolled under a CREP, the 

Secretary may waive the contribution limitation described 

in section 1234(b)(2)(A). 

‘‘(4) RIPARIAN BUFFER MANAGEMENT PAYMENTS.— 

‘‘(A) IN GENERAL.—In the case of an agreement under 

subsection (b)(1) that includes riparian buffers as an 

eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian 

buffer throughout the term of the agreement, consistent 

with the conservation plan that covers the eligible land. 

‘‘(B) LIMITATION.—The amount of payments received 

by an owner or operator under subparagraph (A) shall 

not be greater than 100 percent of the normal and customary projected management cost, as determined by the 

Secretary, in consultation with the applicable State technical committee established under section 1261(a). 

‘‘(d) FORESTED RIPARIAN BUFFER PRACTICE.— ‘‘(1) FOOD-PRODUCING WOODY PLANTS.—In the case of an 

agreement under subsection (b)(1) that includes forested 

riparian buffers as an eligible practice, the Secretary shall 

allow an owner or operator— 

‘‘(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4537 

‘‘(i) the plants shall contribute to the conservation 

of soil, water quality, and wildlife habitat; and 

‘‘(ii) the planting shall be consistent with— 

‘‘(I) recommendations of the applicable State 

technical committee established under section 

1261(a); and 

‘‘(II) technical guide standards of the 

applicable field office of the Natural Resources 

Conservation Service; and 

‘‘(B) to harvest from plants described in subparagraph 

(A), on the conditions that— 

‘‘(i) the harvesting shall not damage the conserving 

cover or otherwise have a negative impact on the conservation concerns targeted by the CREP; 

‘‘(ii) only native plant species appropriate to the 

region shall be used within 35 feet of the watercourse; 

and 

‘‘(iii) the producer shall be subject to a reduction 

in the rental rate commensurate to the value of the 

crop harvested. 

‘‘(2) TECHNICAL ASSISTANCE.—For the purpose of enrolling 

forested riparian buffers in a CREP, the Administrator of the 

Farm Service Agency shall coordinate with the applicable State 

forestry agency. 

‘‘(e) DROUGHT AND WATER CONSERVATION AGREEMENTS.—In the 

case of an agreement under subsection (b)(1) to address regional 

drought concerns, in accordance with the conservation purposes 

of the CREP, the Secretary, in consultation with the applicable 

State technical committee established under section 1261(a), may— 

‘‘(1) notwithstanding subsection (a)(2), enroll other agricultural land on which the resource concerns identified in the 

agreement can be addressed if the enrollment of the land is 

critical to the accomplishment of the purposes of the agreement; 

‘‘(2) permit dryland agricultural uses with the adoption 

of best management practices on enrolled land if the agreement 

involves the significant long-term reduction of consumptive 

water use and dryland production is compatible with the agreement; and 

‘‘(3) calculate annual rental payments consistent with 

existing administrative practice for similar drought and water 

conservation agreements under this subtitle and ensure 

regional consistency in those rates. 

‘‘(f) STATUS REPORT.—Not later than 180 days after the end 

of each fiscal year, the Secretary shall submit to Congress a report 

that describes, with respect to each agreement entered into under 

subsection (b)(1)— 

‘‘(1) the status of the agreement; 

‘‘(2) the purposes and objectives of the agreement; 

‘‘(3) the Federal and eligible partner commitments made 

under the agreement; and 

‘‘(4) the progress made in fulfilling those commitments.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 1240R(c)(3) of the Food Security Act of 1985 

(16 U.S.C. 3839bb–5(c)(3)) is amended by striking ‘‘a special 

conservation reserve enhancement program described in section 

1234(f)(4)’’ and inserting ‘‘a conservation reserve enhancement 

program under section 1231A’’. 


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132 STAT. 4538 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) Section 1244(f)(3) of the Food Security Act of 1985 

(16 U.S.C. 3844(f)(3)) is amended by striking ‘‘subsection 

(d)(2)(A)(ii) or (g)(2) of section 1234’’ and inserting ‘‘section 

1231A’’. 

SEC. 2203. FARMABLE WETLAND PROGRAM. 

Section 1231B of the Food Security Act of 1985 (16 U.S.C. 

3831b) is amended— 

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

‘‘2023’’; and 

(2) in subsection (f)(2), by striking ‘‘1234(d)(2)(A)(ii)’’ and 

inserting ‘‘1234(d)’’. 

SEC. 2204. PILOT PROGRAMS. 

Subchapter B of chapter 1 of subtitle D of title XII of the 

Food Security Act of 1985 is amended by inserting after section 

1231B (16 U.S.C. 3831b) the following: 

‘‘SEC. 1231C. PILOT PROGRAMS. 

‘‘(a) CLEAR 30.— 

‘‘(1) IN GENERAL.— ‘‘(A) ENROLLMENT.—The Secretary shall establish a 

pilot program to enroll land in the conservation reserve 

program through a 30-year conservation reserve contract 

(referred to in this subsection as a ‘CLEAR 30 contract’) 

in accordance with this subsection. 

‘‘(B) INCLUSION OF ACREAGE LIMITATION.—For purposes 

of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection. 

‘‘(2) EXPIRED CONSERVATION CONTRACT ELECTION.— 

‘‘(A) DEFINITION OF COVERED CONTRACT.—In this paragraph, the term ‘covered contract’ means a contract entered 

into under this subchapter that— 

‘‘(i) expires on or after the date of enactment of 

the Agriculture Improvement Act of 2018; and 

‘‘(ii) covers land enrolled in the conservation 

reserve program under the clean lakes, estuaries, and 

rivers priority described in section 1231(d)(3) (or the 

predecessor practices that constitute the priority, as 

determined by the Secretary). 

‘‘(B) ELECTION.—On the expiration of a covered contract, an owner or operator party to the covered contract 

shall elect— 

‘‘(i) not to reenroll the land under the contract; 

‘‘(ii) to offer to reenroll the land under the contract 

if the land remains eligible under the terms in effect 

as of the date of expiration; or 

‘‘(iii) not to reenroll the land under the contract 

and to enroll that land through a CLEAR 30 contract 

under this subsection. 

‘‘(3) ELIGIBLE LAND.—Only land that is subject to an expired 

covered contract shall be eligible for enrollment through a 

CLEAR 30 contract under this subsection. 

‘‘(4) TERM.—The term of a CLEAR 30 contract shall be 

30 years. 

‘‘(5) AGREEMENTS.—To be eligible to enroll land in the 

conservation reserve program through a CLEAR 30 contract, 

16 USC 3831c. 


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the owner of the land shall enter into an agreement with 

the Secretary— 

‘‘(A) to implement a conservation reserve plan developed for the land; 

‘‘(B) to comply with the terms and conditions of the 

contract and any related agreements; and 

‘‘(C) to temporarily suspend the base history for the 

land covered by the contract. 

‘‘(6) TERMS AND CONDITIONS OF CLEAR 30 CONTRACTS.— 

‘‘(A) IN GENERAL.—A CLEAR 30 contract shall include 

terms and conditions that— 

‘‘(i) permit— 

‘‘(I) repairs, improvements, and inspections on 

the land that are necessary to maintain existing 

public drainage systems; and 

‘‘(II) owners to control public access on the 

land while identifying access routes to be used 

for restoration activities and management and contract monitoring; 

‘‘(ii) prohibit— 

‘‘(I) the alteration of wildlife habitat and other 

natural features of the land, unless specifically 

authorized by the Secretary as part of the conservation reserve plan; 

‘‘(II) the spraying of the land with chemicals 

or the mowing of the land, except where the 

spraying or mowing is authorized by the Secretary 

or is necessary— 

‘‘(aa) to comply with Federal or State noxious weed control laws; 

‘‘(bb) to comply with a Federal or State 

emergency pest treatment program; or 

‘‘(cc) to meet habitat needs of specific wildlife species; 

‘‘(III) any activity to be carried out on the 

land of the owner or successor that is immediately 

adjacent to, and functionally related to, the land 

that is subject to the contract if the activity will 

alter, degrade, or otherwise diminish the functional value of the land; and 

‘‘(IV) the adoption of any other practice that 

would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and 

‘‘(iii) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this 

section. 

‘‘(B) VIOLATION.—On the violation of a term or condition of a CLEAR 30 contract, the Secretary may require 

the owner to refund all or part of any payments received 

by the owner under the conservation reserve program, with 

interest on the payments, as determined appropriate by 

the Secretary. 

‘‘(C) COMPATIBLE USES.—Land subject to a CLEAR 30 

contract may be used for compatible economic uses, 


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including hunting and fishing, managed timber harvest, 

or periodic haying or grazing, if the use— 

‘‘(i) is specifically permitted by the conservation 

reserve plan developed for the land; and 

‘‘(ii) is consistent with the long-term protection 

and enhancement of the conservation resources for 

which the contract was established. 

‘‘(7) COMPENSATION.— 

‘‘(A) AMOUNT OF PAYMENTS.—The Secretary shall provide payment under this subsection to an owner of land 

enrolled through a CLEAR 30 contract using 30 annual 

payments in an amount equal to the amount that would 

be used if the land were to be enrolled in the conservation 

reserve program under section 1231(d)(3). 

‘‘(B) FORM OF PAYMENT.—Compensation for a CLEAR 

30 contract shall be provided by the Secretary in the form 

of a cash payment in an amount determined under subparagraph (A). 

‘‘(C) TIMING.—The Secretary shall provide any annual 

payment obligation under subparagraph (A) as early as 

practicable in each fiscal year. 

‘‘(D) PAYMENTS TO OTHERS.—The Secretary shall make 

a payment, in accordance with regulations prescribed by 

the Secretary, in a manner as the Secretary determines 

is fair and reasonable under the circumstances, if an owner 

who is entitled to a payment under this section— 

‘‘(i) dies; 

‘‘(ii) becomes incompetent; 

‘‘(iii) is succeeded by another person or entity who 

renders or completes the required performance; or 

‘‘(iv) is otherwise unable to receive the payment. 

‘‘(8) TECHNICAL ASSISTANCE.— 

‘‘(A) IN GENERAL.—The Secretary shall assist owners 

in complying with the terms and conditions of a CLEAR 

30 contract. 

‘‘(B) CONTRACTS OR AGREEMENTS.—The Secretary may 

enter into 1 or more contracts with private entities or 

agreements with a State, nongovernmental organization, 

or Indian Tribe to carry out necessary maintenance of 

a CLEAR 30 contract if the Secretary determines that 

the contract or agreement will advance the purposes of 

the conservation reserve program. 

‘‘(9) ADMINISTRATION.— 

‘‘(A) CONSERVATION RESERVE PLAN.—The Secretary 

shall develop a conservation reserve plan for any land 

subject to a CLEAR 30 contract, which shall include practices and activities necessary to maintain, protect, and 

enhance the conservation value of the enrolled land. 

‘‘(B) DELEGATION OF CONTRACT ADMINISTRATION.— 

‘‘(i) FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES.—The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of 

the Secretary under this subsection to other Federal, 

State, or local government agencies that have the 

appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4541 

‘‘(ii) CONSERVATION ORGANIZATIONS.—The Secretary may delegate any management responsibilities 

of the Secretary under this subsection to conservation 

organizations if the Secretary determines the conservation organization has similar expertise and resources. 

‘‘(b) SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM.— 

‘‘(1) DEFINITION OF ELIGIBLE LAND.—In this subsection: 

‘‘(A) IN GENERAL.—The term ‘eligible land’ means cropland that— 

‘‘(i) is selected by the owner or operator of the 

land for proposed enrollment in the pilot program 

under this subsection; and 

‘‘(ii) as determined by the Secretary— 

‘‘(I) is located within 1 or more States that 

are part of the prairie pothole region, as selected 

by the Secretary based on consultation with State 

Committees of the Farm Service Agency and State 

technical committees established under section 

1261(a) from that region; 

‘‘(II) had a cropping history or was considered 

to be planted during each of the 3 crop years 

preceding enrollment; and 

‘‘(III) is verified to be less-productive land, as 

compared to other land on the applicable farm. 

‘‘(B) EXCLUSION.—The term ‘eligible land’ does not 

include any land that was enrolled in a conservation 

reserve program contract in any of the 3 crop years preceding enrollment in the pilot program under this subsection. 

‘‘(2) ESTABLISHMENT.— 

‘‘(A) IN GENERAL.—The Secretary shall establish a voluntary soil health and income protection pilot program 

under which eligible land is enrolled through the use of 

contracts to assist owners and operators of eligible land 

to conserve and improve the soil, water, and wildlife 

resources of the eligible land. 

‘‘(B) DEADLINE FOR PARTICIPATION.—Eligible land may 

be enrolled in the program under this section through 

December 31, 2020. 

‘‘(3) CONTRACTS.— 

‘‘(A) REQUIREMENTS.—A contract described in paragraph (2) shall— 

‘‘(i) be entered into by the Secretary, the owner 

of the eligible land, and (if applicable) the operator 

of the eligible land; and 

‘‘(ii) provide that, during the term of the contract— 

‘‘(I) the lowest practicable cost perennial conserving use cover crop for the eligible land, as 

determined by the applicable State conservationist 

after considering the advice of the applicable State 

technical committee, shall be planted on the 

eligible land; 

‘‘(II) except as provided in subparagraph (E), 

the owner or operator of the eligible land shall 

pay the cost of planting the conserving use cover 

crop under subclause (I); 


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132 STAT. 4542 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(III) subject to subparagraph (F), the eligible 

land may be harvested for seed, hayed, or grazed 

outside the primary nesting season established for 

the applicable county; 

‘‘(IV) the eligible land may be eligible for a 

walk-in access program of the applicable State, 

if any; and 

‘‘(V) a nonprofit wildlife organization may provide to the owner or operator of the eligible land 

a payment in exchange for an agreement by the 

owner or operator not to harvest the conserving 

use cover. 

‘‘(B) PAYMENTS.—Except as provided in subparagraphs 

(E) and (F)(ii)(II), the annual rental rate for a payment 

under a contract described in paragraph (2) shall be equal 

to 50 percent of the average rental rate for the applicable 

county under section 1234(d), as determined by the Secretary. 

‘‘(C) LIMITATION ON ENROLLED LAND.—Not more than 

15 percent of the eligible land on a farm may be enrolled 

in the pilot program under this subsection. 

‘‘(D) TERM.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), each contract described in paragraph (2) shall be 

for a term of 3, 4, or 5 years, as determined by the 

parties to the contract. 

‘‘(ii) EARLY TERMINATION.— 

‘‘(I) SECRETARY.—The Secretary may terminate a contract described in paragraph (2) before 

the end of the term described in clause (i) if the 

Secretary determines that the early termination 

of the contract is necessary. 

‘‘(II) OWNERS AND OPERATORS.—An owner and 

(if applicable) an operator of eligible land enrolled 

in the pilot program under this subsection may 

terminate a contract described in paragraph (2) 

before the end of the term described in clause 

(i) if the owner and (if applicable) the operator 

pay to the Secretary an amount equal to the 

amount of rental payments received under the contract. 

‘‘(E) BEGINNING, LIMITED RESOURCE, SOCIALLY DISADVANTAGED, OR VETERAN FARMERS AND RANCHERS.—With 

respect to a beginning, limited resource, socially disadvantaged, or veteran farmer or rancher, as determined by 

the Secretary— 

‘‘(i) a contract described in paragraph (2) shall 

provide that, during the term of the contract, of the 

actual cost of establishment of the conserving use cover 

crop under subparagraph (A)(ii)(I)— 

‘‘(I) using the funds of the Commodity Credit 

Corporation, the Secretary shall pay 50 percent; 

and 

‘‘(II) the beginning, limited resource, socially 

disadvantaged, or veteran farmer or rancher shall 

pay 50 percent; and 


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‘‘(ii) the annual rental rate for a payment under 

a contract described in paragraph (2) shall be equal 

to 75 percent of the average rental rate for the 

applicable county under section 1234(d), as determined 

by the Secretary. 

‘‘(F) HARVESTING, HAYING, AND GRAZING OUTSIDE

APPLICABLE PERIOD.—The harvesting for seed, haying, or 

grazing of eligible land under subparagraph (A)(ii)(III) outside of the primary nesting season established for the 

applicable county shall be subject to the conditions that— 

‘‘(i) with respect to eligible land that is so hayed 

or grazed, adequate stubble height shall be maintained 

to protect the soil on the eligible land, as determined 

by the applicable State conservationist after considering the advice of the applicable State technical committee; and 

‘‘(ii) with respect to eligible land that is so harvested for seed— 

‘‘(I) the eligible land shall not be eligible to 

be insured or reinsured under the Federal Crop 

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

‘‘(II) the rental payment otherwise applicable 

to the eligible land under this subsection shall 

be reduced by 25 percent. 

‘‘(4) ACREAGE LIMITATION.—Of the number of acres available for enrollment in the conservation reserve under section 

1231(d)(1), not more than 50,000 total acres of eligible land 

may be enrolled under the pilot program under this subsection. 

‘‘(5) REPORT.—The Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate 

an annual report describing the eligible land enrolled in the 

pilot program under this subsection, including— 

‘‘(A) the estimated conservation value of the land; and 

‘‘(B) estimated savings from reduced commodity payments, crop insurance indemnities, and crop insurance premium subsidies.’’. 

SEC. 2205. DUTIES OF OWNERS AND OPERATORS. 

Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 

3832(a)) is amended— 

(1) by redesignating paragraphs (10) and (11) as paragraphs 

(11) and (12), respectively; and 

(2) by inserting after paragraph (9) the following: 

‘‘(10) on land devoted to hardwood or other trees, excluding 

windbreaks and shelterbelts, to carry out proper thinning and 

other practices— 

‘‘(A) to enhance the conservation benefits and wildlife 

habitat resources addressed by the conservation practice 

under which the land is enrolled; and 

‘‘(B) to promote forest management;’’. 

SEC. 2206. DUTIES OF THE SECRETARY. 

(a) COST-SHARE AND RENTAL PAYMENTS.—Section 1233(a) of 

the Food Security Act of 1985 (16 U.S.C. 3833(a)) is amended— 

(1) in paragraph (1), by inserting ‘‘, including the cost 

of fencing and other water distribution practices, if applicable’’ 

after ‘‘interest’’; and 


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(2) in paragraph (2)— 

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

striking ‘‘in an amount necessary to compensate’’ and 

inserting ‘‘, in accordance with section 1234(d),’’; 

(B) in subparagraph (A)— 

(i) by inserting ‘‘, marginal pastureland,’’ after 

‘‘cropland’’; and 

(ii) by adding ‘‘or’’ at the end; 

(C) by striking subparagraph (B); and 

(D) by redesignating subparagraph (C) as subparagraph (B). 

(b) SPECIFIED ACTIVITIES PERMITTED.—Section 1233 of the Food 

Security Act of 1985 (16 U.S.C. 3833) is amended by striking 

subsection (b) and inserting the following: 

‘‘(b) SPECIFIED ACTIVITIES PERMITTED.— ‘‘(1) IN GENERAL.—The Secretary, in coordination with the 

applicable State technical committee established under section 

1261(a), shall permit certain activities or commercial uses of 

established cover on land that is subject to a contract under 

the conservation reserve program if— 

‘‘(A) those activities or uses— 

‘‘(i) are consistent with the conservation of soil, 

water quality, and wildlife habitat; 

‘‘(ii) are subject to appropriate restrictions during 

the primary nesting season for birds in the local area 

that are economically significant, in significant decline, 

or conserved in accordance with Federal or State law; 

‘‘(iii) contribute to the health and vigor of the 

established cover; and 

‘‘(iv) are consistent with a site-specific plan, 

including vegetative management requirements, 

stocking rates, and frequency and duration of activity, 

taking into consideration regional differences, such as 

climate, soil type, and natural resources; and 

‘‘(B) the Secretary, in coordination with the State technical committee, includes contract modifications— 

‘‘(i) without any reduction in the rental rate for— 

‘‘(I) emergency haying, emergency grazing, or 

other emergency use of the forage in response to 

a localized or regional drought, flooding, wildfire, 

or other emergency, on all practices, outside the 

primary nesting season, when— 

‘‘(aa) the county is designated as D2 

(severe drought) or greater according to the 

United States Drought Monitor; 

‘‘(bb) there is at least a 40 percent loss 

in forage production in the county; or 

‘‘(cc) the Secretary, in coordination with 

the State technical committee, determines that 

the program can assist in the response to a 

natural disaster event without permanent 

damage to the established cover; 

‘‘(II) emergency grazing on all practices during 

the primary nesting season if payments are 

authorized for a county under the livestock forage 

disaster program under clause (ii) of section 

1501(c)(3)(D) of the Agricultural Act of 2014 (7 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4545 

U.S.C. 9081(c)(3)(D)), at 50 percent of the normal 

carrying capacity determined under clause (i) of 

that section, adjusted to the site-specific plan; 

‘‘(III) emergency haying on certain practices, 

outside the primary nesting season, if payments 

are authorized for a county under the livestock 

forage disaster program under clause (ii) of section 

1501(c)(3)(D) of the Agricultural Act of 2014 (7 

U.S.C. 9081(c)(3)(D)), on not more than 50 percent 

of contract acres, as identified in the site-specific 

plan; 

‘‘(IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract 

management practice under section 1232(a)(5); 

‘‘(V) the intermittent and seasonal use of vegetative buffer established under paragraphs (4) and 

(5) of section 1231(b) that are incidental to agricultural production on land adjacent to the buffer 

such that the permitted use— 

‘‘(aa) does not destroy the permanent vegetative cover; and 

‘‘(bb) retains suitable vegetative structure 

for wildlife cover and shelter outside the primary nesting season; or 

‘‘(VI) grazing on all practices, outside the primary nesting season, if conducted by a beginning 

farmer or rancher; or 

‘‘(ii) with a 25 percent reduction in the annual 

rental rate for the acres covered by the authorized 

activity, including— 

‘‘(I) grazing not more frequently than every 

other year on the same land, except that during 

the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate 

specified in the site-specific plan; 

‘‘(II) grazing of all practices during the primary 

nesting season, with a 50 percent reduction in 

the stocking rate specified in the site-specific plan; 

‘‘(III) haying and other commercial use 

(including the managed harvesting of biomass and 

excluding the harvesting of vegetative cover), on 

the condition that the activity— 

‘‘(aa) is completed outside the primary 

nesting season; 

‘‘(bb) occurs not more than once every 3 

years; and 

‘‘(cc) maintains 25 percent of the total contract acres unharvested, in accordance with 

a site-specific plan that provides for wildlife 

cover and shelter; 

‘‘(IV) annual grazing outside the primary 

nesting season if consistent with a site-specific 

plan that is authorized for the control of invasive 

species; and 

‘‘(V) the installation of wind turbines and associated access, except that in permitting the 

installation of wind turbines, the Secretary shall 


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132 STAT. 4546 PUBLIC LAW 115–334—DEC. 20, 2018 

determine the number and location of wind turbines that may be installed, taking into account— 

‘‘(aa) the location, size, and other physical 

characteristics of the land; 

‘‘(bb) the extent to which the land contains 

threatened or endangered wildlife and wildlife 

habitat; and 

‘‘(cc) the purposes of the conservation 

reserve program under this subchapter. 

‘‘(2) CONDITIONS ON HAYING AND GRAZING.— ‘‘(A) IN GENERAL.—The Secretary may permit haying 

or grazing in accordance with paragraph (1) on any land 

or practice subject to a contract under the conservation 

reserve program. 

‘‘(B) EXCEPTIONS.— ‘‘(i) DAMAGE TO VEGETATIVE COVER.—Haying or 

grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice, 

if haying or grazing for that year under that practice, 

as applicable, would cause long-term damage to vegetative cover on that land. 

‘‘(ii) SPECIAL AGREEMENTS.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), haying or grazing described in paragraph (1) shall not be permitted on— 

‘‘(aa) land covered by a contract enrolled 

under the State acres for wildlife enhancement 

program established by the Secretary; or 

‘‘(bb) land covered by a contract enrolled 

under a conservation reserve enhancement 

program established under section 1231A or 

the Conservation Reserve Enhancement Program established by the Secretary under this 

subchapter. 

‘‘(II) EXCEPTION.—Subclause (I) shall not apply 

to land on which haying or grazing is specifically 

permitted under the applicable conservation 

reserve enhancement program agreement or other 

partnership agreement entered into under this 

subchapter.’’. 

(c) NATURAL DISASTER OR ADVERSE WEATHER AS MID-CONTRACT

MANAGEMENT.—Section 1233 of the Food Security Act of 1985 (16 

U.S.C. 3833) is amended by adding at the end the following: 

‘‘(e) NATURAL DISASTER OR ADVERSE WEATHER AS MID-CONTRACT MANAGEMENT.—In the case of a natural disaster or adverse 

weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require 

further management practices pursuant to section 1232(a)(5) that 

are intended to achieve the same effect.’’. 

SEC. 2207. PAYMENTS. 

(a) COST SHARING PAYMENTS.—Section 1234(b) of the Food 

Security Act of 1985 (16 U.S.C. 3834(b)) is amended— 

(1) by striking paragraphs (2) through (4) and inserting 

the following: 

‘‘(2) LIMITATIONS.— 


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‘‘(A) IN GENERAL.—The Secretary shall ensure, to the 

maximum extent practicable, that cost sharing payments 

to an owner or operator under this subchapter, when combined with the sum of payments from all other funding 

sources for measures and practices described in paragraph 

(1), do not exceed 100 percent of the total actual cost 

of establishing those measures and practices, as determined 

by the Secretary. 

‘‘(B) MID-CONTRACT MANAGEMENT GRAZING.—The Secretary may not make any cost sharing payment to an 

owner or operator under this subchapter pursuant to section 1232(a)(5). 

‘‘(C) SEED COST.—In the case of seed costs related 

to the establishment of cover, cost sharing payments under 

this subchapter shall not exceed 50 percent of the actual 

cost of the seed mixture, as determined by the Secretary.’’; 

(2) by redesignating paragraph (5) as paragraph (3); 

(3) in paragraph (3) (as so redesignated), by striking ‘‘An 

owner’’ and inserting ‘‘Except in the case of incentive payments 

that are related to the cost of the establishment of a practice 

and received from eligible partners under the conservation 

reserve enhancement program under section 1231A, an owner’’; 

and 

(4) by adding at the end the following: 

‘‘(4) PRACTICE INCENTIVES FOR CONTINUOUS PRACTICES.— 

In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to 

an owner or operator of land enrolled under section 1231(d)(6) 

in an amount not to exceed 50 percent of the actual cost 

of establishing all measures and practices described in paragraph (1), including seed costs related to the establishment 

of cover, as determined by the Secretary.’’. 

(b) INCENTIVE PAYMENTS.—Section 1234(c) of the Food Security 

Act of 1985 (16 U.S.C. 3834(c)) is amended— 

(1) in the subsection heading, by striking ‘‘INCENTIVE’’ and 

inserting ‘‘FOREST MANAGEMENT INCENTIVE’’; 

(2) in paragraph (1), by striking ‘‘The Secretary’’ and 

inserting ‘‘Using funds made available under section 

1241(a)(1)(A), the Secretary’’; and 

(3) in paragraph (2), by striking ‘‘150 percent’’ and inserting 

‘‘100 percent’’. 

(c) ANNUAL RENTAL PAYMENTS.—Section 1234(d) of the Food 

Security Act of 1985 (16 U.S.C. 3834(d)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘the Secretary may consider, among 

other things, the amount’’ and inserting the following: ‘‘the 

Secretary shall consider— 

‘‘(A) the amount’’; 

(B) in subparagraph (A) (as so designated), by striking 

the period at the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(B) the impact on the local farmland rental market; 

and 

‘‘(C) such other factors as the Secretary determines 

to be appropriate.’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A)— 


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132 STAT. 4548 PUBLIC LAW 115–334—DEC. 20, 2018 

(i) in clause (i), by striking ‘‘; or’’ and inserting 

a period; 

(ii) by striking clause (ii); and 

(iii) by striking ‘‘determined through—’’ in the 

matter preceding clause (i) and all that follows through 

‘‘the submission of bids’’ in clause (i) and inserting 

‘‘determined through the submission of applications’’; 

(B) by redesignating subparagraph (B) as subparagraph (C); 

(C) by inserting after subparagraph (A) the following: 

‘‘(B) MULTIPLE ENROLLMENTS.— ‘‘(i) IN GENERAL.—Subject to clause (ii), if land 

subject to a contract entered into under this subchapter 

is reenrolled under section 1231(h)(1) or has been previously enrolled in the conservation reserve, the annual 

rental payment shall be in an amount that is not 

more than 85 percent in the case of general enrollment 

contacts, or 90 percent in the case of continuous enrollment contracts, of the applicable estimated average 

county rental rate published pursuant to paragraph 

(4) for the year in which the reenrollment occurs. 

‘‘(ii) CONSERVATION RESERVE ENHANCEMENT PROGRAM.—The reduction in annual rental payments 

under clause (i) may be waived as part of the negotiation between the Secretary and an eligible partner 

to enter into a conservation reserve enhancement program agreement under section 1231A.’’; 

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

striking ‘‘In the case’’ and inserting ‘‘Notwithstanding 

subparagraph (A), in the case’’; and 

(E) by adding at the end the following: 

‘‘(D) CONTINUOUS SIGN-UP INCENTIVES.—The Secretary 

shall make an incentive payment to the owner or operator 

of land enrolled under section 1231(d)(6) at the time of 

initial enrollment in an amount equal to 32.5 percent of 

the amount of the first annual rental payment under 

subparagraph (A).’’; 

(3) by striking paragraph (4); 

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

(5) in paragraph (4) (as so redesignated)— 

(A) in subparagraph (A)— 

(i) by striking ‘‘, not less frequently than once 

every other year,’’ and inserting ‘‘annually’’; and 

(ii) by inserting ‘‘, and shall publish the estimates 

derived from the survey not later than September 15 

of each year’’ before the period at the end; 

(B) in subparagraph (B), by inserting ‘‘and the average 

current and previous soil rental rates for each county’’ 

after ‘‘subparagraph (A)’’; 

(C) in subparagraph (C), by striking ‘‘may use’’ and 

inserting ‘‘shall consider’’; and 

(D) by adding at the end the following: 

‘‘(D) SUBMISSION OF ADDITIONAL INFORMATION BY STATE

FSA OFFICES AND CREP PARTNERS.— 

‘‘(i) IN GENERAL.—The Secretary shall provide an 

opportunity for State Committees of the Farm Service 

Agency or eligible partners (as defined in section 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4549 

1231A(a)) in conservation reserve enhancement programs under section 1231A to propose an alternative 

soil rental rate prior to finalizing new rates, on the 

condition that documentation described in clause (ii) 

is provided to support the proposed alternative. 

‘‘(ii) ACCEPTABLE DOCUMENTATION.—Documentation referred to in clause (i) includes— 

‘‘(I) an average of cash rents from a random 

sample of lease agreements; 

‘‘(II) cash rent estimates from a published 

survey; 

‘‘(III) neighboring county estimate comparisons 

from the National Agricultural Statistics Service; 

‘‘(IV) an average of cash rents from Farm 

Service Agency farm business plans; 

‘‘(V) models that estimate cash rents, such 

as models that use returns to estimate crop production or land value data; or 

‘‘(VI) other documentation, as determined by 

the Secretary. 

‘‘(iii) NOTIFICATION.—Not less than 14 days prior 

to the announcement of new or revised soil rental 

rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, 

including information on and the rationale for the 

alternative rates proposed under clause (i) that were 

accepted or rejected. 

‘‘(E) RENTAL RATE LIMITATION.—Notwithstanding forest 

management incentive payments described in subsection 

(c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection, 

or soil productivity) shall not exceed— 

‘‘(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment; 

or 

‘‘(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.’’. 

(d) PAYMENT LIMITATION FOR RENTAL PAYMENTS.—Section 

1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g)) is 

amended— 

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

‘‘Except as provided in paragraph (2), the total’’; and 

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

‘‘(2) WELLHEAD PROTECTION.—Paragraph (1) and section 

1001D(b) shall not apply to rental payments received by a 

rural water district or association for land that is enrolled 

under this subchapter for the purpose of protecting a wellhead.’’. 

SEC. 2208. CONTRACTS. 

(a) TRANSITION OPTION FOR CERTAIN FARMERS OR RANCHERS.— 

Section 1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) 

is amended— 

(1) in paragraph (1)— 


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

striking ‘‘retired farmer or rancher’’ and inserting ‘‘contract 

holder’’; 

(B) by striking ‘‘retired or retiring owner or operator’’ 

each place it appears and inserting ‘‘contract holder’’; 

(C) in subparagraph (A), in the matter preceding clause 

(i), by striking ‘‘1 year’’ and inserting ‘‘2 years’’; 

(D) in subparagraph (B), by inserting ‘‘, including a 

lease with a term of less than 5 years and an option 

to purchase’’ after ‘‘option to purchase’’; 

(E) in subparagraph (D), by striking ‘‘; and’’ and 

inserting a semicolon; 

(F) by redesignating subparagraph (E) as subparagraph 

(F); and 

(G) by inserting after subparagraph (D) the following: 

‘‘(E) give priority to the enrollment of the land covered 

by the contract in— 

‘‘(i) the environmental quality incentives program 

established under subchapter A of chapter 4; 

‘‘(ii) the conservation stewardship program established under subchapter B of chapter 4; or 

‘‘(iii) the agricultural conservation easement program established under subtitle H; and’’; and 

(2) in paragraph (2)— 

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

striking ‘‘The Secretary’’ and inserting ‘‘To the extent that 

the maximum number of acres permitted to be enrolled 

under the conservation reserve program has not been met, 

the Secretary’’; and 

(B) by striking subparagraph (A) and inserting the 

following: 

‘‘(A)(i) is carried out on land described in paragraph 

(4) or (5) of section 1231(b); and 

‘‘(ii) is eligible for continuous enrollment under section 

1231(d)(6); and’’. 

(b) END OF CONTRACT CONSIDERATIONS.—Section 1235(g) of 

the Food Security Act of 1985 (16 U.S.C. 3835(g)) is amended 

to read as follows: 

‘‘(g) END OF CONTRACT CONSIDERATIONS.—The Secretary shall 

not consider an owner or operator to be in violation of a term 

or condition of the conservation reserve contract if— 

‘‘(1) during the year prior to expiration of the contract, 

the owner or operator— 

‘‘(A)(i) enters into a contract under the environmental 

quality incentives program established under subchapter 

A of chapter 4; and 

‘‘(ii) begins the establishment of a practice under that 

contract; or 

‘‘(B)(i) enters into a contract under the conservation 

stewardship program established under subchapter B of 

chapter 4; and 

‘‘(ii) begins the establishment of a practice under that 

contract; or 

‘‘(2) during the 3 years prior to the expiration of the contract, the owner or operator begins the certification process 

under the Organic Foods Production Act of 1990 (7 U.S.C. 

6501 et seq.).’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4551 

SEC. 2209. ELIGIBLE LAND; STATE LAW REQUIREMENTS. 

The Secretary shall revise paragraph (4) of section 1410.6(d) 

of title 7, Code of Federal Regulations, to provide that land enrolled 

under a Conservation Reserve Enhancement Program agreement 

initially established before January 1, 2014 (including an amended 

or successor Conservation Reserve Enhancement Program agreement, as determined by the Secretary), shall not be ineligible for 

enrollment in the conservation reserve program established under 

subchapter B of chapter 1 of subtitle D of title XII of the Food 

Security Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph 

if the Deputy Administrator (as defined in section 1410.2(b) of 

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

on recommendation from and in consultation with the applicable 

State technical committee established under section 1261(a) of the 

Food Security Act of 1985 (16 U.S.C. 3861(a)) determines, under 

such terms and conditions as the Deputy Administrator, in consultation with the State technical committee, determines to be appropriate, that making that land eligible for enrollment in that program 

is not contrary to the purposes of that program. 

Subtitle C—Environmental Quality Incentives Program and Conservation Stewardship Program 

SEC. 2301. REPEAL OF CONSERVATION PROGRAMS. 

(a) IN GENERAL.—Chapter 4 of subtitle D of title XII of the 

Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended— 

(1) by striking the chapter designation and heading and 

inserting the following: 

‘‘CHAPTER 4—ENVIRONMENTAL QUALITY INCENTIVES 

PROGRAM AND CONSERVATION STEWARDSHIP PROGRAM 

‘‘Subchapter A—Environmental Quality Incentives 

Program’’; and 

(2) by inserting after section 1240H the following: 

‘‘Subchapter B—Conservation Stewardship Program’’. 

(b) CONSERVATION STEWARDSHIP PROGRAM.—Subchapter B of 

chapter 2 of subtitle D of title XII of the Food Security Act of 

1985 (16 U.S.C. 3838d et seq.) is amended— 

(1) by redesignating sections 1238D through 1238G as sections 1240I through 1240L, respectively; and 

(2) by moving sections 1240I through 1240L (as so redesignated) so as to appear after the subchapter heading for subchapter B of chapter 4 of subtitle D of title XII of that Act 

(as added by subsection (a)(2)). 

(c) REPEAL.— 

(1) IN GENERAL.—Chapter 2 of subtitle D of title XII of 

the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) (as 

amended by subsection (b)) is repealed. 16 USC 

3838–3838c. 

16 USC 

3839aa–21— 

3839aa–24. 

16 USC 

3838d–3838g. 

16 USC 3831 

note. 


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132 STAT. 4552 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) TERMINATION OF CONSERVATION STEWARDSHIP PROGRAM.—Effective on the date of enactment of this Act, the 

conservation stewardship program under subchapter B of 

chapter 2 of subtitle D of title XII of the Food Security Act 

of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day 

before the date of enactment of this Act) shall cease to be 

effective. 

(3) TRANSITIONAL PROVISIONS.— 

(A) EFFECT ON EXISTING CONTRACTS AND AGREEMENTS.—The cessation of effectiveness under paragraph 

(2) shall not affect— 

(i) the validity or terms of any contract entered 

into by the Secretary under subchapter B of chapter 

2 of subtitle D of title XII of the Food Security Act 

of 1985 (16 U.S.C. 3838d et seq.) before the date of 

enactment of this Act, or any payments, modifications, 

or technical assistance required to be made in connection with the contract; or 

(ii) subject to subparagraph (D), any agreement 

entered into by the Secretary under the regional conservation partnership program under subtitle I of title 

XII of the Food Security Act of 1985 (16 U.S.C. 3871 

et seq.) on or before September 30, 2018, under which 

conservation stewardship program acres and associated 

funding have been allocated to the agreement for the 

purpose of entering into a contract under subchapter 

B of chapter 2 of subtitle D of title XII of that Act 

(16 U.S.C. 3838d et seq.) (as in effect on the day 

before the date of enactment of this Act). 

(B) EXTENSION PERMITTED.—Notwithstanding paragraph (2), the Secretary may extend for 1 year a contract 

described in subparagraph (A)(i) if that contract expires 

on or before December 31, 2019, under the terms and 

payment rate of the existing contract and in accordance 

with subchapter B of chapter 2 of subtitle D of title XII 

of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) 

(as in effect on the day before the date of enactment of 

this Act). 

(C) RENEWAL NOT PERMITTED.— 

(i) IN GENERAL.—Notwithstanding subparagraph 

(A), and subject to clause (ii), the Secretary may not 

renew a contract or agreement described in that 

subparagraph. 

(ii) EXCEPTION.—The Secretary may renew a contract described in subparagraph (A)(i)— 

(I) if that contract expires on or after 

December 31, 2019; 

(II) under the terms of the conservation 

stewardship program under subchapter B of 

chapter 4 of subtitle D of title XII of the Food 

Security Act of 1985 (as added by subsections (a)(2) 

and (b)); and 

(III) subject to the limitation on funding for 

that subchapter under section 1241 of the Food 

Security Act of 1985 (16 U.S.C. 3841). 

(D) RCPP CONTRACTS.— 

16 USC 

3839aa–21 note. 

16 USC 3838d 

note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4553 

(i) TREATMENT OF ACREAGE.—In the case of an 

agreement described in subparagraph (A)(ii), the Secretary may provide an amount of funding that is 

equivalent to the value of any acres covered by the 

agreement. 

(ii) FUNDS AND ACRES NOT OBLIGATED.—In the case 

of an agreement described in subparagraph (A)(ii) to 

which program acres and associated funding have been 

allocated but not yet obligated to enter into a contract 

under subchapter B of chapter 2 of subtitle D of title 

XII of the Food Security Act of 1985 (16 U.S.C. 3838d 

et seq.) (as in effect on the day before the date of 

enactment of this Act)— 

(I) the Secretary shall modify the agreement 

to authorize the entrance into a contract under 

subchapter B of chapter 4 of subtitle D of title 

XII of the Food Security Act of 1985 (as added 

by subsections (a)(2) and (b)); and 

(II) the funds associated with the conservation 

stewardship program acres allocated under that 

agreement, on modification under subclause (I), 

may be used to enter into conservation stewardship 

program contracts with producers under subchapter B of chapter 4 of subtitle D of title XII 

of the Food Security Act of 1985 (as added by 

subsections (a)(2) and (b)). 

(4) CONTRACT ADMINISTRATION.—Subject to paragraphs 

(3)(C) and (3)(D)(ii)(II), the Secretary shall administer each 

contract and agreement described in clauses (i) and (ii) of 

paragraph (3)(A) until the expiration of the contract or agreement in accordance with the regulations to carry out the conservation stewardship program under subchapter B of chapter 

2 of subtitle D of title XII of the Food Security Act of 1985 

(16 U.S.C. 3838d et seq.) (as in effect on the day before the 

date of enactment of this Act) that are in effect on the day 

before that date of enactment. 

(5) FUNDING.—Notwithstanding paragraphs (1) and (2), any 

funds made available from the Commodity Credit Corporation 

under section 1241(a)(4) of the Food Security Act of 1985 (16 

U.S.C. 3841(a)(4)) for fiscal years 2014 through 2018 shall 

be available to carry out— 

(A) any contract or agreement described in paragraph 

(3)(A)(i) for fiscal year 2019; 

(B) any contract or agreement described in paragraph 

(3)(A)(ii); 

(C) any contract extended under paragraph (3)(B); and 

(D) any contract or agreement under subchapter B 

of chapter 4 of subtitle D of title XII of the Food Security 

Act of 1985 (as added by subsections (a)(2) and (b)). 

(d) CONFORMING AMENDMENTS.— 

(1) FOOD SECURITY ACT OF 1985.— (A) Section 1211(a)(3)(A) of the Food Security Act of 

1985 (16 U.S.C. 3811(a)(3)(A)) is amended by inserting 

‘‘subchapter A of’’ before ‘‘chapter 4’’. 

(B) Section 1221(b)(3)(A) of the Food Security Act of 

1985 (16 U.S.C. 3821(b)(3)(A)) is amended by inserting 

‘‘subchapter A of’’ before ‘‘chapter 4’’. 

16 USC 

3839aa–21 note. 

16 USC 

3839aa–21 note. 


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132 STAT. 4554 PUBLIC LAW 115–334—DEC. 20, 2018 

(C) Section 1240J(b)(1) of the Food Security Act of 

1985 (as redesignated by subsection (b)(1)) is amended 

by striking subparagraph (C). 

(D) Section 1240 of the Food Security Act of 1985 

(16 U.S.C. 3839aa) is amended in the matter preceding 

paragraph (1) by striking ‘‘chapter’’ and inserting ‘‘subchapter’’. 

(E) Section 1240A of the Food Security Act of 1985 

(16 U.S.C. 3839aa–1) is amended by striking ‘‘chapter’’ 

each place it appears and inserting ‘‘subchapter’’. 

(F) Section 1240B(i)(2)(B) of the Food Security Act 

of 1985 (16 U.S.C. 3839aa–2(i)(2)(B)) is amended by 

striking ‘‘chapter’’ and inserting ‘‘subchapter’’. 

(G) Section 1240C(b) of the Food Security Act of 1985 

(16 U.S.C. 3839aa–3(b)) is amended in the matter preceding 

paragraph (1) by striking ‘‘chapter’’ and inserting ‘‘subchapter’’. 

(H) Section 1240E(b)(2) of the Food Security Act of 

1985 (16 U.S.C. 3839aa–5(b)(2)) is amended by striking 

‘‘chapter’’ and inserting ‘‘subchapter’’. 

(I) Section 1240G of the Food Security Act of 1985 

(16 U.S.C. 3839aa–7) is amended by striking ‘‘chapter’’ 

each place it appears and inserting ‘‘subchapter’’. 

(J) Section 1240H of the Food Security Act of 1985 

(16 U.S.C. 3839aa–8) is amended by striking ‘‘chapter’’ 

each place it appears and inserting ‘‘subchapter’’. 

(K) Section 1244(c)(3) of the Food Security Act of 1985 

(16 U.S.C. 3844(c)(3)) is amended by inserting ‘‘subchapter 

A of’’ before ‘‘chapter 4’’. 

(L) Section 1244(l) of the Food Security Act of 1985 

(16 U.S.C. 3844(l)) is amended— 

(i) by striking ‘‘chapter 2’’ and inserting ‘‘chapter 

4’’; and 

(ii) by inserting ‘‘subchapter A of’’ after ‘‘incentives 

program under’’. 

(2) OTHER LAWS.— 

(A) Section 344(f)(8) of the Agricultural Adjustment 

Act of 1938 (7 U.S.C. 1344(f)(8)) is amended by inserting 

‘‘subchapter A of’’ before ‘‘chapter 4’’. 

(B) Section 377 of the Agricultural Adjustment Act 

of 1938 (7 U.S.C. 1377) is amended by inserting ‘‘subchapter 

A of’’ before ‘‘chapter 4’’. 

(C) Paragraph (1) of the last proviso of the matter 

under the heading ‘‘CONSERVATION RESERVE PROGRAM’’ 

under the heading ‘‘SOIL BANK PROGRAMS’’ of title I of 

the Department of Agriculture and Farm Credit Administration Appropriation Act, 1959 (7 U.S.C. 1831a), is 

amended by inserting ‘‘subchapter A of’’ before ‘‘chapter 

4’’. 

(D) Section 8(b)(1) of the Soil Conservation and 

Domestic Allotment Act (16 U.S.C. 590h(b)(1)) is amended 

by inserting ‘‘subchapter A of’’ before ‘‘chapter 4’’. 

(E) Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C)) 

is amended by inserting ‘‘subchapter A of’’ before ‘‘chapter 

4’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4555 

(F) Section 304(a)(1) of the Lake Champlain Special 

Designation Act of 1990 (33 U.S.C. 1270 note; Public Law 

101–596) is amended by inserting ‘‘subchapter A of’’ before 

‘‘chapter 4’’. 

(G) Section 202(c) of the Colorado River Basin Salinity 

Control Act (43 U.S.C. 1592(c)) is amended by inserting 

‘‘subchapter A of’’ before ‘‘chapter 4’’. 

SEC. 2302. PURPOSES OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 

Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) 

is amended by striking paragraph (4) and inserting the following: 

‘‘(4) assisting producers to make beneficial, cost-effective 

changes to production systems, including addressing identified, 

new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to, 

and mitigating against, increasing weather volatility, drought 

resiliency measures, or other practices on agricultural and forested land.’’. 

SEC. 2303. DEFINITIONS UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 

Section 1240A of the Food Security Act of 1985 (16 U.S.C. 

3839aa–1) is amended— 

(1) by redesignating paragraphs (1), (2), (3), (4) and (5) 

as paragraphs (2), (4), (5), (6), and (8), respectively; 

(2) by inserting before paragraph (2) (as so redesignated) 

the following: 

‘‘(1) CONSERVATION PLANNING ASSESSMENT.—The term ‘conservation planning assessment’ means a report, as determined 

by the Secretary, that— 

‘‘(A) is developed by— 

‘‘(i) a State or unit of local government (including 

a conservation district); 

‘‘(ii) a Federal agency; or 

‘‘(iii) a third-party provider certified under section 

1242(e) (including a certified rangeland professional); 

‘‘(B) assesses rangeland or cropland function and 

describes conservation activities to enhance the economic 

and ecological management of that land; and 

‘‘(C) can be incorporated into a comprehensive planning 

document required by the Secretary for enrollment in a 

conservation program of the Department of Agriculture.’’; 

(3) in paragraph (2) (as so redesignated), in subparagraph 

(B)(vi)— 

(A) by inserting ‘‘environmentally sensitive areas,’’ 

after ‘‘marshes,’’; and 

(B) by inserting ‘‘identified or expected’’ before 

‘‘resource concerns’’; 

(4) by inserting after paragraph (2) (as so redesignated) 

the following: 

‘‘(3) INCENTIVE PRACTICE.—The term ‘incentive practice’ 

means a practice or set of practices approved by the Secretary 

that, when implemented and maintained on eligible land, 

address 1 or more priority resource concerns.’’; 

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


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132 STAT. 4556 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) in subparagraph (A)— 

(i) in clause (iv), by striking ‘‘and’’ at the end; 

(ii) by redesignating clause (v) as clause (vii); and 

(iii) by inserting after clause (iv) the following: 

‘‘(v) soil testing; 

‘‘(vi) soil remediation to be carried out by the producer; and’’; and 

(B) in subparagraph (B)— 

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

(ii) by redesignating clause (ii) as clause (vi); and 

(iii) by inserting after clause (i) the following: 

‘‘(ii) planning for resource-conserving crop rotations (as defined in section 1240L(d)(1)); 

‘‘(iii) soil health planning, including increasing soil 

organic matter and the use of cover crops; 

‘‘(iv) a conservation planning assessment; 

‘‘(v) precision conservation management planning; 

and’’; 

(6) by inserting after paragraph (6) (as so redesignated) 

the following: 

‘‘(7) PRIORITY RESOURCE CONCERN.—The term ‘priority 

resource concern’ means a natural resource concern or problem, 

as determined by the Secretary, that— 

‘‘(A) is identified at the national, State, or local level 

as a priority for a particular area of a State; and 

‘‘(B) represents a significant concern in a State or 

region.’’; and 

(7) by adding at the end the following: 

‘‘(9) SOIL REMEDIATION.—The term ‘soil remediation’ means 

scientifically based practices that— 

‘‘(A) ensure the safety of producers from contaminants 

in soil; 

‘‘(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and 

‘‘(C) regenerate and sustain the soil. 

‘‘(10) SOIL TESTING.—The term ‘soil testing’ means the 

evaluation of soil health, including testing for— 

‘‘(A) the optimal level of constituents in the soil, such 

as organic matter, nutrients, and the potential presence 

of soil contaminants, including heavy metals, volatile 

organic compounds, polycyclic aromatic hydrocarbons, or 

other contaminants; and 

‘‘(B) the biological and physical characteristics indicative of proper soil functioning.’’. 

SEC. 2304. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 

(a) ESTABLISHMENT.—Section 1240B(a) of the Food Security 

Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended by striking ‘‘2019’’ 

and inserting ‘‘2023’’. 

(b) PAYMENTS.—Section 1240B(d) of the Food Security Act of 

1985 (16 U.S.C. 3839aa–2(d)) is amended— 

(1) in paragraph (4)(B)— 

(A) in clause (i)— 

(i) by striking ‘‘Not more than’’ and inserting ‘‘On 

an election by a producer described in subparagraph 

(A), the Secretary shall provide at least’’; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4557 

(ii) by striking ‘‘may be provided’’; and 

(iii) by striking ‘‘the purpose of’’ and inserting ‘‘all 

costs related to’’; and 

(B) by adding at the end the following: 

‘‘(iii) NOTIFICATION AND DOCUMENTATION.—The 

Secretary shall— 

‘‘(I) notify each producer described in subparagraph (A), at the time of enrollment in the program, of the option to receive advance payments 

under clause (i); and 

‘‘(II) document the election of each producer 

described in subparagraph (A) to receive advance 

payments under clause (i) with respect to each 

practice that has costs described in that clause.’’; 

and 

(2) by adding at the end the following: 

‘‘(7) INCREASED PAYMENTS FOR HIGH-PRIORITY PRACTICES.— 

‘‘(A) STATE DETERMINATION.—Each State, in consultation with the State technical committee established under 

section 1261(a) for the State, may designate not more than 

10 practices to be eligible for increased payments under 

subparagraph (B), on the condition that the practice, as 

determined by the Secretary— 

‘‘(i) addresses specific causes of impairment 

relating to excessive nutrients in groundwater or surface water; 

‘‘(ii) addresses the conservation of water to advance 

drought mitigation and declining aquifers; 

‘‘(iii) meets other environmental priorities and 

other priority resource concerns identified in habitat 

or other area restoration plans; or 

‘‘(iv) is geographically targeted to address a natural 

resource concern in a specific watershed. 

‘‘(B) INCREASED PAYMENTS.—Notwithstanding paragraph (2), in the case of a practice designated under 

subparagraph (A), the Secretary may increase the amount 

that would otherwise be provided for a practice under 

this subsection to not more than 90 percent of the costs 

associated with planning, design, materials, equipment, 

installation, labor, management, maintenance, or 

training.’’. 

(c) ALLOCATION OF FUNDING.—Section 1240B(f) of the Food 

Security Act of 1985 (16 U.S.C. 3839aa–2(f)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘2014 through 2018’’ and inserting 

‘‘2019 through 2023’’; 

(B) by striking ‘‘60’’ and inserting ‘‘50’’; and 

(C) by striking ‘‘production.’’ and inserting ‘‘production, 

including grazing management practices.’’; and 

(2) in paragraph (2)— 

(A) by striking ‘‘For each’’ and inserting the following: 

‘‘(A) FISCAL YEARS 2014 THROUGH 2018.—For each’’; and 

(B) by adding at the end the following: 

‘‘(B) FISCAL YEARS 2019 THROUGH 2023.—For each of 

fiscal years 2019 through 2023, at least 10 percent of 

the funds made available for payments under the program 


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132 STAT. 4558 PUBLIC LAW 115–334—DEC. 20, 2018 

shall be targeted at practices benefitting wildlife habitat 

under subsection (g).’’. 

(d) WILDLIFE HABITAT INCENTIVE PROGRAM.—Section 1240B(g) 

of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(g)) is amended 

by adding at the end the following: 

‘‘(3) MAXIMUM TERM.—In the case of a contract under the 

program entered into solely for the establishment of 1 or more 

annual management practices for the benefit of wildlife as 

described in paragraph (1), notwithstanding any maximum contract term established by the Secretary, the contract shall 

have a term that does not exceed 10 years. 

‘‘(4) INCLUDED PRACTICES.—For the purpose of providing 

seasonal wetland habitat for waterfowl and migratory birds, 

a practice that is eligible for payment under paragraph (1) 

and targeted for funding under subsection (f) may include— 

‘‘(A) a practice to carry out postharvest flooding; or 

‘‘(B) a practice to maintain the hydrology of temporary 

and seasonal wetlands of not more than 2 acres to maintain 

waterfowl and migratory bird habitat on working cropland.’’. 

(e) WATER CONSERVATION OR IRRIGATION EFFICIENCY PRACTICE.—Section 1240B(h) of the Food Security Act of 1985 (16 U.S.C. 

3839aa–2(h)) is amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary may provide water conservation and system efficiency payments under 

this subsection to an entity described in paragraph (2) or a 

producer for— 

‘‘(A) water conservation scheduling, water distribution 

efficiency, soil moisture monitoring, or an appropriate combination thereof; 

‘‘(B) irrigation-related structural or other measures 

that conserve surface water or groundwater, including managed aquifer recovery practices; or 

‘‘(C) a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

(3) by inserting after paragraph (1) the following: 

‘‘(2) ELIGIBILITY OF CERTAIN ENTITIES.— 

‘‘(A) IN GENERAL.—Notwithstanding section 1001(f)(6), 

the Secretary may enter into a contract under this subsection with a State, irrigation district, groundwater 

management district, acequia, land-grant mercedes, or 

similar entity under a streamlined contracting process to 

implement water conservation or irrigation practices under 

a watershed-wide project that will effectively conserve 

water, provide fish and wildlife habitat, or provide for 

drought-related environmental mitigation, as determined 

by the Secretary. 

‘‘(B) IMPLEMENTATION.—Water conservation or irrigation practices that are the subject of a contract entered 

into under subparagraph (A) shall be implemented on— 

‘‘(i) eligible land of a producer; or 

‘‘(ii) land that is— 

‘‘(I) under the control of an irrigation district, 

groundwater management district, acequia, landgrant mercedes, or similar entity; and 


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‘‘(II) adjacent to eligible land described in 

clause (i), as determined by the Secretary. 

‘‘(C) WAIVER AUTHORITY.—The Secretary may waive 

the applicability of the limitations in section 1001D(b) or 

section 1240G for a payment made under a contract entered 

into under this paragraph if the Secretary determines that 

the waiver is necessary to fulfill the objectives of the 

project. 

‘‘(D) CONTRACT LIMITATIONS.—If the Secretary grants 

a waiver under subparagraph (C), the Secretary may 

impose a separate payment limitation for the contract with 

respect to which the waiver applies.’’; 

(4) in paragraph (3) (as so redesignated)— 

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

striking ‘‘to a producer’’ and inserting ‘‘under this subsection’’; 

(B) in subparagraph (A), by striking ‘‘the eligible land 

of the producer is located, there is a reduction in water 

use in the operation of the producer’’ and inserting ‘‘the 

land on which the practices will be implemented is located, 

there is a reduction in water use in the operation on 

that land’’; and 

(C) in subparagraph (B), by inserting ‘‘except in the 

case of an application under paragraph (2),’’ before ‘‘the 

producer agrees’’; and 

(5) by adding at the end the following: 

‘‘(4) EFFECT.—Nothing in this subsection authorizes the 

Secretary to modify the process for determining the annual 

allocation of funding to States under the program.’’. 

(f) PAYMENTS FOR CONSERVATION PRACTICES RELATED TO

ORGANIC PRODUCTION.—Section 1240B(i)(3) of the Food Security 

Act of 1985 (16 U.S.C. 3839aa–2(i)(3)) is amended— 

(1) in the first sentence, by striking ‘‘Payments’’ and 

inserting the following: 

‘‘(A) IN GENERAL.—Payments’’; 

(2) in the second sentence, by striking ‘‘In applying these 

limitations’’ and inserting the following: 

‘‘(B) TECHNICAL ASSISTANCE.—In applying the limitations under subparagraph (A)’’; and 

(3) in subparagraph (A) (as so designated)— 

(A) by striking ‘‘aggregate, $20,000 per year or $80,000 

during any 6-year period.’’ and inserting the following: 

‘‘aggregate— 

‘‘(i) through fiscal year 2018— 

‘‘(I) $20,000 per year; or 

‘‘(II) $80,000 during any 6-year period; and’’; 

and 

(B) by adding at the end the following: 

‘‘(ii) during the period of fiscal years 2019 through 

2023, $140,000.’’. 

(g) CONSERVATION INCENTIVE CONTRACTS.—Section 1240B of 

the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended 

by adding at the end the following: 

‘‘(j) CONSERVATION INCENTIVE CONTRACTS.— 

‘‘(1) IDENTIFICATION OF ELIGIBLE PRIORITY RESOURCE CONCERNS FOR STATES.— 


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132 STAT. 4560 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) IN GENERAL.—The Secretary, in consultation with 

the applicable State technical committee established under 

section 1261(a), shall identify watersheds (or other appropriate regions or areas within a State) and the corresponding priority resource concerns for those watersheds 

or other regions or areas that are eligible to be the subject 

of an incentive contract under this subsection. 

‘‘(B) LIMITATION.—For each of the relevant land uses 

within the watersheds, regions, or other areas identified 

under subparagraph (A), the Secretary shall identify not 

more than 3 eligible priority resource concerns. 

‘‘(2) CONTRACTS.— ‘‘(A) AUTHORITY.— ‘‘(i) IN GENERAL.—The Secretary shall enter into 

contracts with producers under this subsection that 

require the implementation, adoption, management, 

and maintenance of incentive practices that effectively 

address at least 1 eligible priority resource concern 

identified under paragraph (1) for the term of the 

contract. 

‘‘(ii) INCLUSIONS.—Through a contract entered into 

under clause (i), the Secretary may provide— 

‘‘(I) funding, through annual payments, for certain incentive practices to attain increased levels 

of conservation on eligible land; or 

‘‘(II) assistance, through a practice payment, 

to implement an incentive practice. 

‘‘(B) TERM.—A contract under this subsection shall 

have a term of not less than 5, and not more than 10, 

years. 

‘‘(C) PRIORITIZATION.—Notwithstanding section 1240C, 

the Secretary shall develop criteria for evaluating incentive 

practice applications that— 

‘‘(i) give priority to applications that address 

eligible priority resource concerns identified under 

paragraph (1); and 

‘‘(ii) evaluate applications relative to other applications for similar agriculture and forest operations. 

‘‘(3) INCENTIVE PRACTICE PAYMENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall provide payments to producers through contracts entered into under 

paragraph (2) for— 

‘‘(i) adopting and installing incentive practices; and 

‘‘(ii) managing, maintaining, and improving the 

incentive practices for the duration of the contract, 

as determined appropriate by the Secretary. 

‘‘(B) PAYMENT AMOUNTS.—In determining the amount 

of payments under subparagraph (A), the Secretary shall 

consider, to the extent practicable— 

‘‘(i) the level and extent of the incentive practice 

to be installed, adopted, completed, maintained, managed, or improved; 

‘‘(ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of 

the incentive practice; 

‘‘(iii) income foregone by the producer, including 

payments, as appropriate, to address— 


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‘‘(I) increased economic risk; 

‘‘(II) loss in revenue due to anticipated reductions in yield; and 

‘‘(III) economic losses during transition to a 

resource-conserving cropping system or resourceconserving land use; and 

‘‘(iv) the extent to which compensation would 

ensure long-term continued maintenance, management, and improvement of the incentive practice. 

‘‘(C) DELIVERY OF PAYMENTS.—In making payments 

under subparagraph (A), the Secretary shall, to the extent 

practicable— 

‘‘(i) in the case of annual payments under paragraph (2)(A)(ii)(I), make those payments as soon as 

practicable after October 1 of each fiscal year for which 

increased levels of conservation are maintained during 

the term of the contract; and 

‘‘(ii) in the case of practice payments under paragraph (2)(A)(ii)(II), make those payments as soon as 

practicable on the implementation of an incentive practice.’’. 

SEC. 2305. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN. 

Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C. 

3839aa–5(a)(3)) is amended by inserting ‘‘progressive’’ before 

‘‘implementation’’. 

SEC. 2306. LIMITATION ON PAYMENTS UNDER ENVIRONMENTAL 

QUALITY INCENTIVES PROGRAM. 

Section 1240G of the Food Security Act of 1985 (16 U.S.C. 

3839aa–7) is amended— 

(1) by striking ‘‘A person’’ and inserting ‘‘Not including 

payments made under section 1240B(j), a person’’; and 

(2) by inserting ‘‘or the period of fiscal years 2019 through 

2023,’’ after ‘‘2018,’’. 

SEC. 2307. CONSERVATION INNOVATION GRANTS AND PAYMENTS. 

(a) COMPETITIVE GRANTS FOR INNOVATIVE CONSERVATION

APPROACHES.—Section 1240H(a)(2) of the Food Security Act of 1985 

(16 U.S.C. 3839aa–8(a)(2)) is amended— 

(1) in subparagraph (A), by striking ‘‘program;’’ and 

inserting ‘‘program or community colleges (as defined in section 

1473E(a) of the National Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 3319e(a))) carrying out 

demonstration projects on land of the community college;’’; 

(2) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and 

(3) by inserting after subparagraph (D) the following: 

‘‘(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations; 

‘‘(F) utilize edge-of-field and other monitoring practices 

on farms— 

‘‘(i) to quantify the impacts of practices implemented under the program; and 

‘‘(ii) to assist producers in making the best conservation investments for the operations of the producers;’’. 


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(b) AIR QUALITY CONCERNS FROM AGRICULTURAL OPER- ATIONS.—Section 1240H(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(b)(2)) is amended by striking ‘‘$25,000,000 for 

each of fiscal years 2009 through 2018’’ and inserting ‘‘$37,500,000 

for each of fiscal years 2019 through 2023’’. 

(c) ON-FARM CONSERVATION INNOVATION TRIALS; REPORTING

AND DATABASE.—Section 1240H of the Food Security Act of 1985 

(16 U.S.C. 3839aa–8) is amended by striking subsection (c) and 

inserting the following: 

‘‘(c) ON-FARM CONSERVATION INNOVATION TRIALS.— ‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ 

means, as determined by the Secretary— 

‘‘(i) a third-party private entity the primary business of which is related to agriculture; 

‘‘(ii) a nongovernmental organization with experience working with agricultural producers; or 

‘‘(iii) a governmental organization. 

‘‘(B) NEW OR INNOVATIVE CONSERVATION APPROACH.— 

The term ‘new or innovative conservation approach’ 

means— 

‘‘(i) new or innovative— 

‘‘(I) precision agriculture technologies; 

‘‘(II) enhanced nutrient management plans, 

nutrient recovery systems, and fertilization systems; 

‘‘(III) soil health management systems, 

including systems to increase soil carbon levels; 

‘‘(IV) water management systems; 

‘‘(V) resource-conserving crop rotations (as 

defined in section 1240L(d)(1)); 

‘‘(VI) cover crops; and 

‘‘(VII) irrigation systems; and 

‘‘(ii) any other conservation approach approved by 

the Secretary as new or innovative. 

‘‘(2) TESTING NEW OR INNOVATIVE CONSERVATION

APPROACHES.—Using $25,000,000 of the funds made available 

to carry out this subchapter for each of fiscal years 2019 

through 2023, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test 

new or innovative conservation approaches— 

‘‘(A) directly with producers; or 

‘‘(B) through eligible entities. 

‘‘(3) INCENTIVE PAYMENTS.— 

‘‘(A) AGREEMENTS.—In carrying out paragraph (2), the 

Secretary shall enter into agreements with producers 

(either directly or through eligible entities) on whose land 

an on-farm conservation innovation trial is being carried 

out to provide payments (including payments to compensate 

for foregone income, as appropriate to address the increased 

economic risk potentially associated with new or innovative 

conservation approaches) to the producers to assist with 

adopting and evaluating new or innovative conservation 

approaches to achieve conservation benefits. 

‘‘(B) ADJUSTED GROSS INCOME REQUIREMENTS.— ‘‘(i) IN GENERAL.—Adjusted gross income requirements under section 1001D(b)(1) shall— 


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‘‘(I) apply to producers receiving payments 

under this subsection; and 

‘‘(II) be enforced by the Secretary. 

‘‘(ii) REPORTING.—An eligible entity participating 

in an on-farm conservation innovation trial under this 

subsection shall report annually to the Secretary on 

the amount of payments made to individual farm operations under this subsection. 

‘‘(C) LIMITATION ON ADMINISTRATIVE EXPENSES.—None 

of the funds made available to carry out this subsection 

may be used to pay for the administrative expenses of 

an eligible entity. 

‘‘(D) LENGTH OF AGREEMENTS.—An agreement entered 

into under subparagraph (A) shall be for a period determined by the Secretary that is— 

‘‘(i) not less than 3 years; and 

‘‘(ii) if appropriate, more than 3 years, including 

if such a period is appropriate to support— 

‘‘(I) adaptive management over multiple crop 

years; and 

‘‘(II) adequate data collection and analysis by 

a producer or eligible entity to report the natural 

resource and agricultural production benefits of 

the new or innovative conservation approaches to 

the Secretary. 

‘‘(4) FLEXIBLE ADOPTION.—The scale of adoption of a new 

or innovative conservation approach under an on-farm conservation innovation trial under an agreement under paragraph 

(2) may include multiple scales on an operation, including whole 

farm, field-level, or sub-field scales. 

‘‘(5) TECHNICAL ASSISTANCE.—The Secretary shall provide 

technical assistance— 

‘‘(A) to each producer or eligible entity participating 

in an on-farm conservation innovation trial under paragraph (2) with respect to the design, installation, and 

management of the new or innovative conservation 

approaches; and 

‘‘(B) to each eligible entity participating in an on-farm 

conservation innovation trial under paragraph (2) with 

respect to data analyses of the on-farm conservation innovation trial. 

‘‘(6) GEOGRAPHIC SCOPE.—The Secretary shall identify a 

diversity of geographic regions of the United States in which 

to establish on-farm conservation innovation trials under paragraph (2), taking into account factors such as soil type, cropping 

history, and water availability. 

‘‘(7) SOIL HEALTH DEMONSTRATION TRIAL.—Using funds 

made available to carry out this subsection, the Secretary shall 

carry out a soil health demonstration trial under which the 

Secretary coordinates with eligible entities— 

‘‘(A) to provide incentives to producers to implement 

conservation practices that— 

‘‘(i) improve soil health; 

‘‘(ii) increase carbon levels in the soil; or 

‘‘(iii) meet the goals described in clauses (i) and 

(ii); 


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‘‘(B) to establish protocols for measuring carbon levels 

in the soil and testing carbon levels on land where conservation practices described in subparagraph (A) were 

applied to evaluate gains in soil health as a result of 

the practices implemented by the producers in the soil 

health demonstration trial; and 

‘‘(C)(i) not later than September 30, 2020, to initiate 

a study regarding changes in soil health and, if feasible, 

economic outcomes, generated as a result of the conservation practices described in subparagraph (A) that were 

applied by producers through the soil health demonstration 

trial; and 

‘‘(ii) to submit to the Committee on Agriculture of 

the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate annual 

reports on the progress and results of the study under 

clause (i). 

‘‘(d) REPORTING AND DATABASE.— 

‘‘(1) REPORT REQUIRED.—Not later than September 30, 

2019, and every 2 years thereafter, the Secretary shall submit 

to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry 

of the Senate a report on the status of activities funded under 

this section, including— 

‘‘(A) funding awarded; 

‘‘(B) results of the activities, including, if feasible, economic outcomes; 

‘‘(C) incorporation of findings from the activities, such 

as new technology and innovative approaches, into the 

conservation efforts implemented by the Secretary; and 

‘‘(D) on completion of the study required under subsection (c)(7)(C), the findings of the study. 

‘‘(2) CONSERVATION PRACTICE DATABASE.— 

‘‘(A) IN GENERAL.—The Secretary shall use the data 

reported under paragraph (1) to establish and maintain 

a publicly available conservation practice database that 

provides— 

‘‘(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; 

and 

‘‘(ii) a list of recommended new and effective conservation practices. 

‘‘(B) PRIVACY.—Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal 

information of individual producers.’’. 

SEC. 2308. CONSERVATION STEWARDSHIP PROGRAM. 

(a) DEFINITIONS.—Section 1240I of the Food Security Act of 

1985 (as redesignated by section 2301(b)) is amended— 

(1) in paragraph (2)(B)— 

(A) in clause (i), by striking ‘‘and’’ at the end; 

(B) in clause (ii), by striking the period at the end 

and inserting a semicolon; and 

(C) by adding at the end the following: 


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‘‘(iii) development of a comprehensive conservation 

plan, as defined in section 1240L(e)(1); 

‘‘(iv) soil health planning, including planning to 

increase soil organic matter; and 

‘‘(v) activities that will assist a producer to adapt 

to, or mitigate against, increasing weather volatility.’’; 

and 

(2) in paragraph (7), by striking the period at the end 

and inserting the following: ‘‘through the use of— 

‘‘(A) quality criteria under a resource management 

system; 

‘‘(B) predictive analytics tools or models developed or 

approved by the Natural Resources Conservation Service; 

‘‘(C) data from past and current enrollment in the 

program; and 

‘‘(D) other methods that measure conservation and 

improvement in priority resource concerns, as determined 

by the Secretary.’’. 

(b) CONSERVATION STEWARDSHIP PROGRAM.— 

(1) ESTABLISHMENT.—Subsection (a) of section 1240J of 

the Food Security Act of 1985 (as redesignated by section 

2301(b)) is amended in the matter preceding paragraph (1) 

by striking ‘‘2014 through 2018’’ and inserting ‘‘2019 through 

2023’’. 

(2) EXCLUSIONS.—Subsection (b)(2) of section 1240J of the 

Food Security Act of 1985 (as redesignated by section 2301(b)) 

is amended in the matter preceding paragraph (1) by striking 

‘‘the Agricultural Act of 2014’’ and inserting the ‘‘Agriculture 

Improvement Act of 2018’’. 

(c) STEWARDSHIP CONTRACTS.—Section 1240K of the Food Security Act of 1985 (as redesignated by section 2301(b)) is amended— 

(1) in subsection (b), by striking paragraph (1) and inserting 

the following: 

‘‘(1) RANKING OF APPLICATIONS.— 

‘‘(A) IN GENERAL.—In evaluating contract offers submitted under subsection (a) and contract renewals under 

subsection (e), the Secretary shall rank applications based 

on— 

‘‘(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at 

the time of submission of the application; 

‘‘(ii) the degree to which the proposed conservation 

activities increase natural resource conservation and 

environmental benefits; and 

‘‘(iii) other consistent criteria, as determined by 

the Secretary. 

‘‘(B) ADDITIONAL CRITERION.—If 2 or more applications 

receive the same ranking under subparagraph (A), the 

Secretary shall rank those contracts based on the extent 

to which the actual and anticipated conservation benefits 

from each contract are provided at the lowest cost relative 

to other similarly beneficial contract offers.’’; 

(2) in subsection (c)— 

(A) by striking ‘‘the program under subsection (a)’’ 

and inserting ‘‘a contract or contract renewal under this 

section’’; 


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(B) by inserting ‘‘or contract renewal’’ before ‘‘offer 

ranks’’; 

(C) by inserting ‘‘or contract renewal’’ after ‘‘stewardship contract’’; and 

(D) by adding ‘‘or contract renewal’’ before the period 

at the end; 

(3) in subsection (d)(2)(A), by striking ‘‘1238G(d)’’ and 

inserting ‘‘1240L(c)’’; and 

(4) in subsection (e)— 

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

‘‘At the end’’ and all that follows through ‘‘period’’ the 

second place it appears and inserting the following: ‘‘The 

Secretary may provide the producer an opportunity to 

renew an existing contract in the first half of the fifth 

year of the contract period’’; 

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

‘‘existing’’; 

(C) in paragraph (2)— 

(i) by inserting ‘‘new or improved’’ after ‘‘integrate’’; 

and 

(ii) by inserting ‘‘demonstrating continued improvement during the additional 5-year period,’’ after ‘‘operation,’’; and 

(D) in paragraph (3)(B), by striking ‘‘to exceed the 

stewardship threshold of’’ and inserting ‘‘to adopt or 

improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect 

to not less than’’. 

(d) DUTIES OF SECRETARY.—Section 1240L of the Food Security 

Act of 1985 (as redesignated by section 2301(b)) is amended— 

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

(1), by striking ‘‘acres’’ and inserting ‘‘funding’’; 

(2) by striking subsection (c); 

(3) by redesignating subsections (d) and (e) as subsections 

(c) and (d), respectively; 

(4) in subsection (c) (as so redesignated), by adding at 

the end the following: 

‘‘(5) PAYMENT FOR COVER CROP ACTIVITIES.—The amount 

of a payment under this subsection for cover crop activities 

shall be not less than 125 percent of the annual payment 

amount determined by the Secretary under paragraph (2).’’; 

(5) in subsection (d) (as so redesignated)— 

(A) in the subsection heading, by inserting ‘‘AND

ADVANCED GRAZING MANAGEMENT’’ after ‘‘ROTATIONS’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraphs (1) and (4) as paragraphs (2) and (1), respectively, and moving the paragraphs 

so as to appear in numerical order; 

(D) in paragraph (1) (as so redesignated)— 

(i) by redesignating subparagraphs (A) through (D) 

and (E) as clauses (i) through (iv) and (vi), respectively, 

and indenting appropriately; 

(ii) by striking the paragraph designation and all 

that follows through ‘‘the term’’ in the matter preceding 

clause (i) (as so redesignated) and inserting the following: 

‘‘(1) DEFINITIONS.—In this subsection: 


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‘‘(A) ADVANCED GRAZING MANAGEMENT.—The term 

‘advanced grazing management’ means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for— 

‘‘(i) improved soil health and carbon sequestration; 

‘‘(ii) drought resilience; 

‘‘(iii) wildlife habitat; 

‘‘(iv) wildfire mitigation; 

‘‘(v) control of invasive plants; and 

‘‘(vi) water quality improvement. 

‘‘(B) MANAGEMENT-INTENSIVE ROTATIONAL GRAZING.— The term ‘management-intensive rotational grazing’ means 

a strategic, adaptively managed multipasture grazing 

system in which animals are regularly and systematically 

moved to fresh pasture in a manner that— 

‘‘(i) maximizes the quantity and quality of forage 

growth; 

‘‘(ii) improves manure distribution and nutrient 

cycling; 

‘‘(iii) increases carbon sequestration from greater 

forage harvest; 

‘‘(iv) improves the quality and quantity of cover 

for wildlife; 

‘‘(v) provides permanent cover to protect the soil 

from erosion; and 

‘‘(vi) improves water quality. 

‘‘(C) RESOURCE-CONSERVING CROP ROTATION.—The 

term’’; and 

(iii) in subparagraph (C) (as so designated)— 

(I) in clause (iv) (as so redesignated), by 

striking ‘‘and’’ at the end; and 

(II) by inserting after clause (iv) (as so redesignated) the following: 

‘‘(v) builds soil organic matter; and’’; 

(E) in paragraph (2) (as so redesignated), by striking 

‘‘improve resource-conserving’’ and all that follows through 

the period at the end and inserting the following: ‘‘improve, 

manage, and maintain— 

‘‘(A) resource-conserving crop rotations; or 

‘‘(B) advanced grazing management.’’; 

(F) in paragraph (3)— 

(i) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (2)’’; and 

(ii) by striking ‘‘and maintain’’ and all that follows 

through the period at the end and inserting ‘‘or 

improve, manage, and maintain resource-conserving 

crop rotations or advanced grazing management for 

the term of the contract.’’; and 

(G) by adding at the end the following: 

‘‘(4) AMOUNT OF PAYMENT.—An additional payment provided under paragraph (2) shall be not less than 150 percent 

of the annual payment amount determined by the Secretary 

under subsection (c)(2).’’; 

(6) by inserting after subsection (d) (as so redesignated) 

the following: 

‘‘(e) PAYMENT FOR COMPREHENSIVE CONSERVATION PLAN.— 


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‘‘(1) DEFINITION OF COMPREHENSIVE CONSERVATION PLAN.— In this subsection, the term ‘comprehensive conservation plan’ 

means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by 

the Secretary under subsection (a)(2). 

‘‘(2) PAYMENT FOR COMPREHENSIVE CONSERVATION PLAN.— The Secretary shall provide a 1-time payment to a producer 

that develops a comprehensive conservation plan. 

‘‘(3) AMOUNT OF PAYMENT.—The Secretary shall determine 

the amount of payment under paragraph (2) based on— 

‘‘(A) the number of priority resource concerns addressed 

in the comprehensive conservation plan; and 

‘‘(B) the number of types of land uses included in 

the comprehensive conservation plan.’’; 

(7) in subsection (f), by striking ‘‘2014 through 2018’’ and 

inserting ‘‘2019 through 2023’’; 

(8) in subsection (h)— 

(A) by striking the subsection designation and heading 

and all that follows through ‘‘The Secretary’’ and inserting 

the following: 

‘‘(h) ORGANIC CERTIFICATION.— 

‘‘(1) COORDINATION.—The Secretary’’; and 

(B) by adding at the end the following: 

‘‘(2) ALLOCATION.— 

‘‘(A) IN GENERAL.—Using funds made available for the 

program for each of fiscal years 2019 through 2023, the 

Secretary shall allocate funding to States to support organic 

production and transition to organic production through 

paragraph (1). 

‘‘(B) DETERMINATION.—The Secretary shall determine 

the allocation to a State under subparagraph (A) based 

on— 

‘‘(i) the number of certified and transitioning 

organic operations within the State; and 

‘‘(ii) the number of acres of certified and 

transitioning organic production within the State.’’; and 

(9) by adding at the end the following: 

‘‘(j) STREAMLINING AND COORDINATION.—To the maximum 

extent feasible, the Secretary shall provide for streamlined and 

coordinated procedures for the program and the environmental 

quality incentives program under subchapter A, including applications, contracting, conservation planning, conservation practices, 

and related administrative procedures. 

‘‘(k) SOIL HEALTH.—To the maximum extent feasible, the Secretary shall manage the program to enhance soil health. 

‘‘(l) ANNUAL REPORT.—Each fiscal year, the Secretary shall 

submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry 

of the Senate a report describing the payment rates for conservation 

activities offered to producers under the program and an analysis 

of whether payment rates can be reduced for the most expensive 

conservation activities.’’. 

SEC. 2309. GRASSLAND CONSERVATION INITIATIVE. 

Subchapter B of chapter 4 of subtitle D of title XII of the 

Food Security Act of 1985 (as added by subsections (a)(2) and 

(b) of section 2301) is amended by adding at the end the following: 


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‘‘SEC. 1240L–1. GRASSLAND CONSERVATION INITIATIVE. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE LAND.—Notwithstanding sections 1240I(4) 

and 1240J(b)(2), the term ‘eligible land’ means cropland on 

a farm for which base acres have been maintained by the 

Secretary under section 1112(d)(3) of the Agricultural Act of 

2014 (7 U.S.C. 9012(d)(3)). 

‘‘(2) INITIATIVE.—The term ‘initiative’ means the grassland 

conservation initiative established under subsection (b). 

‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall establish within the program a grassland conservation initiative for 

the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and 

achieving related conservation values by conserving eligible land 

through grassland conservation contracts under subsection (e). 

‘‘(c) ELECTION.—Beginning in fiscal year 2019, the Secretary 

shall provide a 1-time election to enroll eligible land in the initiative 

under a contract described in subsection (e). 

‘‘(d) METHOD OF ENROLLMENT.—The Secretary shall— 

‘‘(1) notwithstanding subsection (b) of section 1240K, determine under subsection (c) of that section that eligible land 

ranks sufficiently high under the evaluation criteria described 

in subsection (b) of that section; and 

‘‘(2) enroll the eligible land in the initiative under a contract 

described in subsection (e). 

‘‘(e) GRASSLAND CONSERVATION CONTRACT.— 

‘‘(1) IN GENERAL.—Notwithstanding section 1240K(a)(1), to 

enroll eligible land in the initiative under a grassland conservation contract, a producer shall agree— 

‘‘(A) to meet or exceed the stewardship threshold for 

not less than 1 priority resource concern by the date on 

which the contract expires; and 

‘‘(B) to comply with the terms and conditions of the 

contract. 

‘‘(2) TERMS.—A grassland conservation contract entered 

into under this section shall— 

‘‘(A)(i) be for a single 5-year term; and 

‘‘(ii) not be subject to renewal or reenrollment under 

section 1240K(e); and 

‘‘(B) be subject to section 1240K(d). 

‘‘(3) EARLY TERMINATION.—The Secretary shall allow a producer that enters into a grassland conservation contract under 

this section— 

‘‘(A) to terminate the contract at any time; and 

‘‘(B) to retain payments already received under the 

contract. 

‘‘(f) GRASSLAND CONSERVATION PLAN.—The grassland conservation plan developed for eligible land shall be limited to— 

‘‘(1) eligible land; and 

‘‘(2) resource concerns and activities relating to grassland. 

‘‘(g) PAYMENTS.— 

‘‘(1) IN GENERAL.—Beginning in fiscal year 2019, of the 

funds made available for this subchapter under section 

1241(a)(3)(B), and notwithstanding any payment under title 

I of the Agriculture Improvement Act of 2018, an amendment 

made by that title, or section 1240L(c), the Secretary shall 

make annual grassland conservation contract payments to the 

16 USC 

3839aa–25. 


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132 STAT. 4570 PUBLIC LAW 115–334—DEC. 20, 2018 

producer of any eligible land that is the subject of a grassland 

conservation contract under this section. 

‘‘(2) PAYMENT NONELIGIBILITY.—A grassland conservation 

contract under this section shall not be— 

‘‘(A) eligible for payments under section 1240L(d); or 

‘‘(B) subject to the payment limitations under this subchapter. 

‘‘(3) LIMITATION.—The amount of an annual payment under this subsection shall be $18 per acre, not to exceed the number 

of base acres on a farm. 

‘‘(h) CONSIDERED PLANTED.—The Secretary shall consider land 

enrolled under a grassland conservation contract under this section 

during a crop year to be planted or considered planted to a covered 

commodity (as defined in section 1111 of the Agricultural Act of 

2014 (7 U.S.C. 9011)) during that crop year. 

‘‘(i) OTHER CONTRACTS.—A producer with an agricultural operation that contains land eligible under this section and land eligible 

under section 1240K— 

‘‘(1) may enroll the land eligible under this section through 

a contract under this section or under section 1240K; and 

‘‘(2) shall not be prohibited from enrolling the land eligible 

under section 1240K through a contract under section 1240K.’’. 

Subtitle D—Other Conservation Programs 

SEC. 2401. WATERSHED PROTECTION AND FLOOD PREVENTION. 

(a) ASSISTANCE TO LOCAL ORGANIZATIONS.—Section 3 of the 

Watershed Protection and Flood Prevention Act (16 U.S.C. 1003) 

is amended— 

(1) by striking the section designation and all that follows 

through ‘‘In order to assist’’ and inserting the following: 

‘‘SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS. 

‘‘(a) IN GENERAL.—In order to assist’’; and 

(2) by adding at the end the following: 

‘‘(b) WAIVER.—The Secretary may waive the watershed plan 

for works of improvement if the Secretary determines that— 

‘‘(1) the watershed plan is unnecessary or duplicative; and 

‘‘(2) the works of improvement are otherwise consistent 

with applicable requirements under section 4.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 14(h)(2)(E) of 

the Watershed Protection and Flood Prevention Act (16 U.S.C. 

1012(h)(2)(E)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’. 

(c) FUNDS OF COMMODITY CREDIT CORPORATION.—The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) 

is amended by adding at the end the following: 

‘‘SEC. 15. FUNDING. 

‘‘In addition to any other funds made available by this Act, 

of the funds of the Commodity Credit Corporation, the Secretary 

shall make available to carry out this Act $50,000,000 for fiscal 

year 2019 and each fiscal year thereafter.’’. 

SEC. 2402. SOIL AND WATER RESOURCES CONSERVATION. 

The Soil and Water Resources Conservation Act of 1977 (16 

U.S.C. 2001 et seq.) is amended— 

16 USC 1012a. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4571 

(1) in section 5(e) (16 U.S.C. 2004(e)), by striking ‘‘and 

December 31, 2015’’ and inserting ‘‘December 31, 2015, and 

December 31, 2022’’; 

(2) in section 6(d) (16 U.S.C. 2005(d)), by striking ‘‘, respectively’’ and inserting ‘‘, and a program update shall be completed 

by December 31, 2023’’; 

(3) in section 7 (16 U.S.C. 2006)— 

(A) in subsection (a), by striking ‘‘and 2016’’ and 

inserting ‘‘, 2016, and 2022’’; and 

(B) in subsection (b), in the matter preceding paragraph 

(1), by striking ‘‘and 2017’’ and inserting ‘‘, 2017, and 

2023’’; and 

(4) in section 10 (16 U.S.C. 2009), by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 2403. EMERGENCY CONSERVATION PROGRAM. 

(a) REPAIR OR REPLACEMENT OF FENCING.— 

(1) IN GENERAL.—Section 401 of the Agricultural Credit 

Act of 1978 (16 U.S.C. 2201) is amended— 

(A) by inserting ‘‘wildfires,’’ after ‘‘hurricanes,’’; 

(B) by striking the section designation and all that 

follows through ‘‘The Secretary of Agriculture’’ and 

inserting the following: 

‘‘SEC. 401. EMERGENCY CONSERVATION PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary of Agriculture (referred to 

in this title as the ‘Secretary’)’’; and 

(C) by adding at the end the following: 

‘‘(b) REPAIR OR REPLACEMENT OF FENCING.— 

‘‘(1) IN GENERAL.—With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving not more than 25 percent of 

the payment, determined by the Secretary based on the 

applicable percentage of the fair market value of the cost of 

the repair or replacement, before the agricultural producer 

carries out the repair or replacement. 

‘‘(2) RETURN OF FUNDS.—If the funds provided under paragraph (1) are not expended by the end of the 60-day period 

beginning on the date on which the agricultural producer 

receives those funds, the funds shall be returned within a 

reasonable timeframe, as determined by the Secretary.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Sections 402, 403, 404, and 405 of the Agricultural 

Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) 

are amended by striking ‘‘Secretary of Agriculture’’ each 

place it appears and inserting ‘‘Secretary’’. 

(B) Section 407(a) of the Agricultural Credit Act of 

1978 (16 U.S.C. 2206(a)) is amended by striking paragraph 

(4). 

(b) COST SHARE PAYMENTS.—Title IV of the Agricultural Credit 

Act of 1978 is amended by inserting after section 402 (16 U.S.C. 

2202) the following: 

‘‘SEC. 402A. COST-SHARE REQUIREMENT. 

‘‘(a) COST-SHARE RATE.—Subject to subsections (b) and (c), the 

maximum cost-share payment under sections 401 and 402 shall 

16 USC 2202a. 


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132 STAT. 4572 PUBLIC LAW 115–334—DEC. 20, 2018 

not exceed 75 percent of the total allowable cost, as determined 

by the Secretary. 

‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a payment 

to a limited resource farmer or rancher, a socially disadvantaged 

farmer or rancher (as defined in subsection (a) of section 2501 

of the Food, Agriculture, Conservation, and Trade Act of 1990 

(7 U.S.C. 2279), or a beginning farmer or rancher under section 

401 or 402 shall not exceed 90 percent of the total allowable cost, 

as determined by the Secretary. 

‘‘(c) LIMITATION.—The total payment under sections 401 and 

402 for a single event may not exceed 50 percent of the agriculture 

value of the land, as determined by the Secretary.’’. 

(c) PAYMENT LIMITATIONS.—Title IV of the Agricultural Credit 

Act of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting 

after section 402A (as added by subsection (b)) the following: 

‘‘SEC. 402B. PAYMENT LIMITATION. 

‘‘The maximum payment made under the emergency conservation program to an agricultural producer under sections 401 and 

402 shall not exceed $500,000.’’. 

(d) WATERSHED PROTECTION PROGRAM.—Section 403 of the 

Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended— 

(1) by striking the section heading and inserting ‘‘EMERGENCY WATERSHED PROGRAM’’; and 

(2) in subsection (a), by inserting ‘‘watershed protection’’ 

after ‘‘emergency’’. 

(e) FUNDING AND ADMINISTRATION.—Section 404 of the Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended— 

(1) in the fourth sentence, by striking ‘‘The Corporation’’ 

and inserting the following: 

‘‘(d) LIMITATION.—The Commodity Credit Corporation’’; 

(2) in the third sentence (as amended by subsection 

(a)(2)(A)), by striking ‘‘In implementing the provisions of’’ and 

inserting the following: 

‘‘(c) USE OF COMMODITY CREDIT CORPORATION.—In implementing’’; 

(3) by striking the second sentence; 

(4) by striking the section designation and all that follows 

through ‘‘There are authorized’’ in the first sentence and 

inserting the following: 

‘‘SEC. 404. FUNDING AND ADMINISTRATION. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized’’; 

(5) in subsection (a) (as so designated), by inserting ‘‘, 

to remain available until expended’’ before the period at the 

end; and 

(6) by inserting after subsection (a) (as so designated) the 

following: 

‘‘(b) SET-ASIDE FOR FENCING.—Of the amounts made available 

under subsection (a) for a fiscal year, 25 percent shall be set 

aside until April 1 of that fiscal year for the repair or replacement 

of fencing.’’. 

SEC. 2404. CONSERVATION OF PRIVATE GRAZING LAND. 

Section 1240M of the Food Security Act of 1985 (16 U.S.C. 

3839bb) is amended— 

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

16 USC 2202b. 


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‘‘(C) PARTNERSHIPS.—In carrying out the program 

under this section, the Secretary shall provide education 

and outreach activities through partnerships with— 

‘‘(i) land-grant colleges and universities (as defined 

in section 1404 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103)); and 

‘‘(ii) nongovernmental organizations.’’; and 

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

‘‘2023’’. 

SEC. 2405. GRASSROOTS SOURCE WATER PROTECTION PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1240O(b)(1) 

of the Food Security Act of 1985 (16 U.S.C. 3839bb–2(b)(1)) is 

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

(b) AVAILABILITY OF FUNDS.—Section 1240O(b) of the Food 

Security Act of 1985 (16 U.S.C. 3839bb–2(b)) is amended by adding 

at the end the following: 

‘‘(3) ADDITIONAL FUNDING.—In addition to any other funds 

made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000 

beginning in fiscal year 2019, to remain available until 

expended.’’. 

SEC. 2406. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM. 

Section 1240R of the Food Security Act of 1985 (16 U.S.C. 

3839bb–5) is amended— 

(1) in subsections (a) and (c), by striking ‘‘grants’’ each 

place it appears and inserting ‘‘funding’’; 

(2) in subsections (b) and (d)(2), by striking ‘‘a grant’’ each 

place it appears and inserting ‘‘funding’’; 

(3) in subsection (c)(3) (as amended by section 2202(b)(1)), 

by inserting ‘‘or on land covered by a wetland reserve easement 

under section 1265C’’ before ‘‘by providing’’; and 

(4) in subsection (f)— 

(A) in paragraph (1)— 

(i) by striking ‘‘2012 and’’ and inserting ‘‘2012,’’; 

and 

(ii) by inserting ‘‘, and $50,000,000 for the period 

of fiscal years 2019 through 2023’’ before the period 

at the end; 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following: 

‘‘(2) ENHANCED PUBLIC ACCESS TO WETLAND RESERVE EASEMENTS.—To the maximum extent practicable, of the funds made 

available under paragraph (1), the Secretary shall use 

$3,000,000 for the period of fiscal years 2019 through 2023 

to encourage public access to land covered by wetland reserve 

easements under section 1265C through agreements with 

States and tribal governments under this section.’’. 

SEC. 2407. WILDLIFE MANAGEMENT. 

(a) IN GENERAL.—The Secretary and the Secretary of the 

Interior shall continue to carry out the Working Lands for Wildlife 

model of conservation on working landscapes, as implemented on 

16 USC 1531 

note. 


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132 STAT. 4574 PUBLIC LAW 115–334—DEC. 20, 2018 

the day before the date of enactment of this Act, in accordance 

with— 

(1) the document entitled ‘‘Partnership Agreement Between 

the United States Department of Agriculture Natural Resources 

Conservation Service and the United States Department of 

the Interior Fish and Wildlife Service’’, numbered A–3A7516– 

937, and formalized by the Chief of the Natural Resources 

Conservation Service on September 15, 2016, and by the 

Director of the United States Fish and Wildlife Service on 

August 4, 2016, as in effect on September 15, 2016; and 

(2) United States Fish and Wildlife Service Director’s Order 

No. 217, dated August 9, 2016, as in effect on August 9, 2016. 

(b) EXPANSION OF MODEL.—The Secretary and the Secretary 

of the Interior may expand the conservation model described in 

subsection (a) through a new partnership agreement between the 

Farm Service Agency and the United States Fish and Wildlife 

Service for the purpose of carrying out conservation activities for 

species conservation. 

(c) EXTENSION OF PERIOD OF REGULATORY PREDICTABILITY.— 

(1) DEFINITION OF PERIOD OF REGULATORY PREDICTABILITY.—In this subsection, the term ‘‘period of regulatory 

predictability’’ means the period of regulatory predictability 

under the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.) initially determined in accordance with the document 

and order described in paragraphs (1) and (2), respectively, 

of subsection (a). 

(2) EXTENSION.—After the period of regulatory predictability, on request of the Secretary, the Secretary of the Interior, 

acting through the Director of the United States Fish and 

Wildlife Service, may provide additional consultation under 

section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 

1536(a)(2)), or additional conference under section 7(a)(4) of 

that Act (16 U.S.C. 1536(a)(4)), as applicable, with the Chief 

of the Natural Resources Conservation Service or the Administrator of the Farm Service Agency, as applicable, to extend 

the period of regulatory predictability. 

SEC. 2408. FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a feral swine 

eradication and control pilot program to respond to the threat 

feral swine pose to agriculture, native ecosystems, and human 

and animal health. 

(b) DUTIES OF THE SECRETARY.—In carrying out the pilot program, the Secretary shall— 

(1) study and assess the nature and extent of damage 

to the pilot areas caused by feral swine; 

(2) develop methods to eradicate or control feral swine 

in the pilot areas; 

(3) develop methods to restore damage caused by feral 

swine; and 

(4) provide financial assistance to agricultural producers 

in pilot areas. 

(c) ASSISTANCE.—The Secretary may provide financial assistance to agricultural producers under the pilot program to implement 

methods to— 

(1) eradicate or control feral swine in the pilot areas; and 

7 USC 8351 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4575 

(2) restore damage caused by feral swine. 

(d) COORDINATION.—The Secretary shall ensure that the Natural Resources Conservation Service and the Animal and Plant 

Health Inspection Service coordinate for purposes of this section 

through State technical committees established under section 

1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)). 

(e) PILOT AREAS.—The Secretary shall carry out the pilot program in areas of States in which feral swine have been identified 

as a threat to agriculture, native ecosystems, or human or animal 

health, as determined by the Secretary. 

(f) COST SHARING.— (1) FEDERAL SHARE.—The Federal share of the costs of 

activities under the pilot program may not exceed 75 percent 

of the total costs of such activities. 

(2) IN-KIND CONTRIBUTIONS.—The non-Federal share of the 

costs of activities under the pilot program may be provided 

in the form of in-kind contributions of materials or services. 

(g) FUNDING.— (1) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary shall use to carry out this 

section $75,000,000 for the period of fiscal years 2019 through 

2023. 

(2) DISTRIBUTION OF FUNDS.—Of the funds made available 

under paragraph (1)— 

(A) 50 percent shall be allocated to the Natural 

Resources Conservation Service to carry out the pilot program, including the provision of financial assistance to 

producers for on-farm trapping and technology related to 

capturing and confining feral swine; and 

(B) 50 percent shall be allocated to the Animal and 

Plant Health Inspection Service to carry out the pilot program, including the use of established, and testing of 

innovative, population reduction methods. 

(3) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more 

than 10 percent of funds made available under this section 

may be used for administrative expenses of the pilot program. 

SEC. 2409. REPORT ON SMALL WETLANDS. 

(a) IN GENERAL.—The Secretary, acting through the Chief of 

the Natural Resources Conservation Service, shall submit to the 

Committee on Agriculture of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry of the Senate 

a report describing the number of wetlands with an area not more 

than 1 acre that have been delineated in each of the States of 

North Dakota, South Dakota, Minnesota, and Iowa during fiscal 

years 2014 through 2018. 

(b) REQUIREMENT.—In the report under subsection (a), the Secretary, acting through the Chief of the Natural Resources Conservation Service, shall list the number of wetlands acres in each State 

described in the report by tenths of an acre, and ensure the report 

is based on the best available science. 

SEC. 2410. SENSE OF CONGRESS RELATING TO INCREASED WATERSHED-BASED COLLABORATION. 

It is the sense of Congress that the Federal Government should 

recognize and encourage partnerships at the watershed level 

between nonpoint sources and regulated point sources to advance 

the goals of the Federal Water Pollution Control Act (33 U.S.C. 


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132 STAT. 4576 PUBLIC LAW 115–334—DEC. 20, 2018 

1251 et seq.) and provide benefits to farmers, landowners, and 

the public. 

Subtitle E—Funding and Administration 

SEC. 2501. COMMODITY CREDIT CORPORATION. 

(a) ANNUAL FUNDING.—Section 1241(a) of the Food Security 

Act of 1985 (16 U.S.C. 3841(a)) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘2018 

(and fiscal year 2019 in the case of the program specified 

in paragraph (5))’’ and inserting ‘‘2023’’; 

(2) in paragraph (1)— (A) in subparagraph (A), by striking ‘‘$10,000,000 for 

the period of fiscal years 2014 through 2018’’ and inserting 

‘‘$12,000,000 for the period of fiscal years 2019 through 

2023’’; and 

(B) in subparagraph (B)— (i) by striking ‘‘$33,000,000 for the period of fiscal years 2014 through 2018’’ and inserting ‘‘$50,000,000 

for the period of fiscal years 2019 through 2023, 

including not more than $5,000,000 to provide outreach 

and technical assistance,’’; and 

(ii) by striking ‘‘retired or retiring owners and 

operators’’ and inserting ‘‘contract holders’’; 

(3) in paragraph (2)— 

(A) in subparagraph (D), by striking ‘‘and’’ at the end; 

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

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(F) $450,000,000 for each of fiscal years 2019 through 

2023.’’; 

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

‘‘(3) The programs under chapter 4, using, to the maximum 

extent practicable— 

‘‘(A) for the environmental quality incentives program 

under subchapter A of that chapter— 

‘‘(i) $1,750,000,000 for fiscal year 2019; 

‘‘(ii) $1,750,000,000 for fiscal year 2020; 

‘‘(iii) $1,800,000,000 for fiscal year 2021; 

‘‘(iv) $1,850,000,000 for fiscal year 2022; and 

‘‘(v) $2,025,000,000 for fiscal year 2023; and 

‘‘(B) for the conservation stewardship program under 

subchapter B of that chapter— 

‘‘(i) $700,000,000 for fiscal year 2019; 

‘‘(ii) $725,000,000 for fiscal year 2020; 

‘‘(iii) $750,000,000 for fiscal year 2021; 

‘‘(iv) $800,000,000 for fiscal year 2022; and 

‘‘(v) $1,000,000,000 for fiscal year 2023.’’; 

(5) in paragraph (4), by inserting ‘‘(as in effect on the 

day before the date of enactment of the Agriculture Improvement Act of 2018), using such sums as are necessary to administer contracts entered into before that date of enactment’’ 

before the period at the end; and 

(6) by striking paragraph (5). 

(b) AVAILABILITY OF FUNDS.—Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ‘‘2018 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4577 

(and fiscal year 2019 in the case of the program specified in subsection (a)(5))’’ and inserting ‘‘2023’’. 

(c) REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.—Section 1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(i)) 

is amended to read as follows: 

‘‘(i) REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.— Not later than December 15 of each of calendar years 2019 through 

2023, the Secretary shall submit to the Committee on Agriculture 

of the House of Representatives and the Committee on Agriculture, 

Nutrition, and Forestry of the Senate an annual report containing 

statistics by State related to enrollments in conservation programs 

under this title, as follows: 

‘‘(1) The annual and current cumulative activity reflecting 

active agreement and contract enrollment statistics. 

‘‘(2) Secretarial exceptions, waivers, and significant payments, including— 

‘‘(A) payments made under the agricultural conserva- tion easement program for easements valued at $250,000 

or greater; 

‘‘(B) payments made under the regional conservation 

partnership program subject to the waiver of adjusted gross 

income limitations pursuant to section 1271C(c)(3); 

‘‘(C) waivers granted by the Secretary under section 

1001D(b)(3); 

‘‘(D) exceptions and activity associated with section 

1240B(h)(2); and 

‘‘(E) exceptions provided by the Secretary under section 

1265B(b)(2)(B)(ii).’’. 

(d) ALLOCATIONS REVIEW AND UPDATE.—Section 1241(g) of the 

Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘January’’ and all that follows through 

‘‘shall’’ and inserting ‘‘1 year after the date of enactment 

of the Agriculture Improvement Act of 2018, the Secretary, 

acting through the Chief of the Natural Resources Conservation Service and the Administrator of the Farm 

Service Agency, shall’’; 

(B) by inserting ‘‘annual’’ after ‘‘utilize’’; and 

(C) by inserting ‘‘relevant data on local natural 

resource concerns, resource inventories, evaluations and 

reports, recommendations from State technical committees 

established under section 1261(a),’’ after ‘‘accounting for’’; 

and 

(2) in paragraph (2)— 

(A) by striking ‘‘that the formulas’’ and inserting the 

following: ‘‘that— 

‘‘(A) the formulas’’; 

(B) in subparagraph (A) (as so designated), by striking 

the period at the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(B) to the maximum extent practicable, local natural 

resource concerns are considered a leading factor in determining annual funding allocation to States; 

‘‘(C) the process used at the national level to evaluate 

State budget proposals and to allocate funds is reviewed 

annually to assess the effect of allocations in addressing 

identified natural resource priorities and objectives; and 


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132 STAT. 4578 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(D) the allocation of funds to States addresses priority 

natural resource concerns and objectives.’’. 

(e) ASSISTANCE TO CERTAIN FARMERS OR RANCHERS FOR CONSERVATION ACCESS.—Section 1241(h) of the Food Security Act of 

1985 (16 U.S.C. 3841(h)) is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraphs (A) and (B) as 

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

(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘Of the funds’’ and inserting the following: 

‘‘(A) FISCAL YEARS 2009 THROUGH 2018.—Of the funds’’; 

and 

(C) by adding at the end the following: 

‘‘(B) FISCAL YEARS 2019 THROUGH 2023.—Of the funds 

made available for each of fiscal years 2019 through 2023 

to carry out the environmental quality incentives program 

under subchapter A of chapter 4 of subtitle D and the 

conservation stewardship program under subchapter B of 

chapter 4 of subtitle D, the Secretary shall use, to the 

maximum extent practicable— 

‘‘(i) 5 percent to assist beginning farmers or 

ranchers; and 

‘‘(ii) 5 percent to assist socially disadvantaged 

farmers or ranchers.’’; 

(2) in paragraph (2), by inserting ‘‘and, in the case of 

fiscal years 2019 through 2023, under the conservation stewardship program under subchapter B of chapter 4 of subtitle D’’ 

before the period at the end; 

(3) in paragraph (3), by striking ‘‘year, acres not obligated 

under paragraph (1)’’ and inserting ‘‘year through fiscal year 

2018, acres not obligated under paragraph (1)(A)’’; and 

(4) in paragraph (4), by striking ‘‘subparagraph (A) or (B) 

of paragraph (1)’’ and inserting ‘‘, as applicable, clause (i) or 

(ii) of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B)’’. 

(f) CONSERVATION STANDARDS AND REQUIREMENTS.—Section 

1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended 

by adding at the end the following: 

‘‘(j) CONSERVATION STANDARDS AND REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Subject to the requirements of this title, 

the Natural Resources Conservation Service shall serve as the 

lead agency in developing and establishing technical standards 

and requirements for conservation programs carried out under 

this title, including— 

‘‘(A) standards for conservation practices under this 

title; 

‘‘(B) technical guidelines for implementing conservation 

practices under this title, including the location of the 

conservation practices; and 

‘‘(C) standards for conservation plans. 

‘‘(2) CONSISTENCY OF FARM SERVICE AGENCY TECHNICAL

STANDARDS AND PAYMENT RATES.—The Administrator of the 

Farm Service Agency shall ensure that— 

‘‘(A) technical standards of programs administered by 

the Farm Service Agency are consistent with the technical 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4579 

standards established by the Natural Resources Conservation Service under paragraph (1); and 

‘‘(B) payment rates, to the extent practicable, are consistent between the Farm Service Agency and the Natural 

Resources Conservation Service.’’. 

SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE. 

(a) DEFINITIONS.—Section 1242(a) of the Food Security Act of 

1985 (16 U.S.C. 3842(a)) is amended to read as follows: 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligible participant’ 

means a producer, landowner, or entity that is participating 

in, or seeking to participate in, programs in which the producer, 

landowner, or entity is otherwise eligible to participate under 

this title or the agricultural management assistance program 

under section 524(b) of the Federal Crop Insurance Act (7 

U.S.C. 1524(b)). 

‘‘(2) THIRD-PARTY PROVIDER.—The term ‘third-party provider’ means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined 

by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency, 

that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed 

planning, or environmental engineering.’’. 

(b) CERTIFICATION PROCESS.—Section 1242(e) of the Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at 

the end the following: 

‘‘(4) CERTIFICATION PROCESS.—The Secretary shall certify 

a third-party provider through— 

‘‘(A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources 

Conservation Service; or 

‘‘(B) a non-Federal entity approved by the Secretary 

to perform the certification. 

‘‘(5) STREAMLINED CERTIFICATION.—The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including 

a sustainability certification.’’. 

(c) EXPEDITED REVISION OF STANDARDS.—Section 1242(h) of 

the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended— 

(1) in paragraph (1)— 

(A) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) not later than 1 year after the date of enactment 

of the Agriculture Improvement Act of 2018, complete a 

review of each conservation practice standard, including 

engineering design specifications, in effect on the day before 

the date of enactment of that Act;’’; 

(B) in subparagraph (B), by striking ‘‘and’’ at the end; 

(C) in subparagraph (C), by striking the period at 

the end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(D) evaluate opportunities to increase flexibility in 

conservation practice standards in a manner that ensures 

equivalent natural resource benefits.’’; 


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132 STAT. 4580 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) in paragraph (2), by inserting ‘‘State technical committees established under section 1261(a),’’ before ‘‘crop consultants’’; and 

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

‘‘(3) EXPEDITED REVISION OF STANDARDS.—Not later than 

1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall develop for the programs 

under this title an administrative process for— 

‘‘(A) expediting the establishment and revision of conservation practice standards; 

‘‘(B) considering conservation innovations and scientific 

and technological advancements with respect to any 

establishment or revision under subparagraph (A); 

‘‘(C) allowing local flexibility in the creation of— 

‘‘(i) interim practice standards and supplements 

to existing practice standards to address the considerations described in subparagraph (B); and 

‘‘(ii) partnership-led proposals for new and innovative techniques to facilitate implementing agreements 

and grants under this title; and 

‘‘(D) soliciting regular input from State technical 

committees established under section 1261(a) for recommendations that identify innovations or advancements 

described in subparagraph (B). 

‘‘(4) REPORT.—Not later than 2 years after the date of 

enactment of the Agriculture Improvement Act of 2018, and 

every 2 years thereafter, the Secretary shall submit to Congress 

a report on— 

‘‘(A) the administrative process developed under paragraph (3); 

‘‘(B) conservation practice standards that were established or revised under that process; and 

‘‘(C) conservation innovations that were considered 

under that process.’’. 

SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION 

PROGRAMS. 

(a) ACREAGE LIMITATIONS.—Section 1244(f) of the Food Security 

Act of 1985 (16 U.S.C. 3844(f)) is amended— 

(1) in paragraph (1)(B), by striking ‘‘10’’ and inserting ‘‘15’’; 

and 

(2) in paragraph (5), by striking ‘‘the Agricultural Act of 

2014’’ and inserting ‘‘the Agriculture Improvement Act of 2018’’. 

(b) REQUIREMENTS FOR CONSERVATION PROGRAMS.—Section 

1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended— 

(1) by striking subsection (m); 

(2) by redesignating subsections (j) through (l) as subsections (k) through (m), respectively; and 

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

‘‘(j) REVIEW AND GUIDANCE FOR PRACTICE COSTS AND PAYMENT

RATES.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of the Agriculture Improvement Act of 2018, and 

not later than October 1 of each year thereafter, the Secretary 

shall— 


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‘‘(A) review the estimates for practice costs and rates 

of payments made to producers for practices on eligible 

land under this title; and 

‘‘(B) evaluate whether those costs and rates reflect 

a payment that— 

‘‘(i) encourages participation in a conservation program administered by the Secretary; 

‘‘(ii) encourages implementation of the most effective practices to address local natural resource concerns 

on eligible land; and 

‘‘(iii) accounts for regional, State, and local variability relating to the complexity, implementation, and 

adoption of practices on eligible land. 

‘‘(2) GUIDANCE; REVIEW.—The Secretary shall— 

‘‘(A) issue guidance to States to annually review and 

adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors 

described in paragraph (1)(B); and 

‘‘(B) determine the appropriate practice costs and rates 

of payments for each State by— 

‘‘(i) annually reviewing each conservation program 

payment schedule and payment rate used in the State; 

and 

‘‘(ii) consulting with the State technical committee 

established under section 1261(a) in that State.’’. 

(c) FUNDING FOR INDIAN TRIBES.—Section 1244(m) of the Food 

Security Act of 1985 (as redesignated by subsection (b)(2)) is 

amended— 

(1) by striking ‘‘may’’ and inserting ‘‘shall’’; 

(2) by striking ‘‘that the goals’’ and inserting the following: 

‘‘that— 

‘‘(1) the goals’’; 

(3) in paragraph (1) (as so designated), by striking ‘‘arrangements, and that statutory’’ and inserting the following: 

‘‘arrangements; 

‘‘(2) a sufficient number of eligible participants will be 

aggregated under the alternative funding arrangement to 

accomplish the underlying purposes and objectives of the 

applicable program; and 

‘‘(3) statutory’’; and 

(4) in paragraph (3) (as so designated), by striking the 

period at the end and inserting ‘‘, except that the Secretary 

may approve a waiver if the Secretary is authorized to approve 

a waiver under the statutory authority of the applicable program.’’. 

(d) SOURCE WATER PROTECTION THROUGH TARGETING OF AGRICULTURAL PRACTICES.—Section 1244 of the Food Security Act of 

1985 (16 U.S.C. 3844) (as amended by subsection (b)) is amended 

by adding at the end the following: 

‘‘(n) SOURCE WATER PROTECTION THROUGH TARGETING OF AGRICULTURAL PRACTICES.— ‘‘(1) IN GENERAL.—In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity 

that protect source water for drinking water (including protecting against public health threats) while also benefitting 

agricultural producers. 


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‘‘(2) COLLABORATION WITH WATER SYSTEMS AND INCREASED

INCENTIVES.— ‘‘(A) IN GENERAL.—In encouraging practices under 

paragraph (1), the Secretary shall— 

‘‘(i) work collaboratively with community water 

systems and State technical committees established 

under section 1261(a) to identify, in each State, local 

priority areas for the protection of source waters for 

drinking water; and 

‘‘(ii) subject to subparagraph (B), for practices 

described in paragraph (1), offer to producers increased 

incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary. 

‘‘(B) LIMITATION.—An increased payment under 

subparagraph (A)(ii) shall not exceed 90 percent of practice 

costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or 

training. 

‘‘(3) RESERVATION OF FUNDS.— 

‘‘(A) IN GENERAL.—In each of fiscal years 2019 through 

2023, the Secretary shall use to carry out this subsection 

not less than 10 percent of any funds available for conservation programs administered by the Secretary under this 

title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D). 

‘‘(B) LIMITATION.—Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this title.’’. 

(e) ENVIRONMENTAL SERVICES MARKET.—Section 1244 of the 

Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (d)) is amended by adding at the end the following: 

‘‘(o) ENVIRONMENTAL SERVICES MARKET.—The Secretary may 

not prohibit, through a contract, easement, or agreement under 

this title, a participant in a conservation program administered 

by the Secretary under this title from participating in, and receiving 

compensation from, an environmental services market if 1 of the 

purposes of the market is the facilitation of additional conservation 

benefits that are consistent with the purposes of the conservation 

program administered by the Secretary.’’. 

(f) REGULATORY CERTAINTY.—Section 1244 of the Food Security 

Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is 

amended by adding at the end the following: 

‘‘(p) REGULATORY CERTAINTY.— 

‘‘(1) IN GENERAL.—In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an 

Indian tribe, or a unit of local government, the Secretary may 

provide technical and programmatic information— 

‘‘(A) subject to paragraph (2), to the Federal agency, 

State, Indian tribe, or unit of local government to support 

specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe 

harbor protection, or other similar regulatory assurances 

to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement— 

‘‘(i) that relates to soil, water, or wildlife; and 


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‘‘(ii) over which that Federal agency, State, Indian 

tribe, or unit of local government has authority; and 

‘‘(B) relating to conservation practices or activities that 

could be implemented by a farmer, rancher, or private 

nonindustrial forest landowner to address a targeted soil, 

water, or wildlife resource concern that is the direct subject 

of a regulatory requirement enforced by that Federal 

agency, State, Indian tribe, or unit of local government, 

as applicable. 

‘‘(2) MECHANISMS.—The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal 

agency, State, Indian tribe, or unit of local government, as 

applicable, under paragraph (1)(A) are anticipated to include, 

at a minimum— 

‘‘(A) the implementation of 1 or more conservation 

practices or activities that effectively addresses the soil, 

water, or wildlife resource concern identified under paragraph (1); 

‘‘(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented; 

‘‘(C) a plan for a periodic audit, as appropriate, of 

the continued implementation or maintenance of each of 

the conservation practices or activities identified under 

subparagraph (A); and 

‘‘(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor 

protection, or other similar regulatory assurance. 

‘‘(3) CONTINUING CURRENT COLLABORATION ON SOIL, WATER, 

OR WILDLIFE CONSERVATION PRACTICES.—The Secretary shall— 

‘‘(A) continue collaboration with Federal agencies, 

States, Indian tribes, or local units of government on 

existing regulatory certainty, regulatory predictability, safe 

harbor protection, or other similar regulatory assurances 

in accordance with paragraph (2); and 

‘‘(B) continue collaboration with the Secretary of the 

Interior on consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or conference under section 7(a)(4) of that Act (16 U.S.C. 

1536(a)(4)), as applicable, for wildlife conservation efforts, 

including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day 

before the date of enactment of the Agriculture Improvement Act of 2018, in accordance with— 

‘‘(i) the document entitled ‘Partnership Agreement 

Between the United States Department of Agriculture 

Natural Resources Conservation Service and the 

United States Department of the Interior Fish and 

Wildlife Service’, numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the 

Director of the United States Fish and Wildlife Service 

on August 4, 2016, as in effect on September 15, 2016; 

and 


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132 STAT. 4584 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ii) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect 

on August 9, 2016. 

‘‘(4) SAVINGS CLAUSE.—Nothing in this subsection— 

‘‘(A) preempts, displaces, or supplants any authority 

or right of a Federal agency, a State, an Indian tribe, 

or a unit of local government; 

‘‘(B) modifies or otherwise affects, preempts, or displaces— 

‘‘(i) any cause of action; or 

‘‘(ii) a provision of Federal or State law establishing 

a remedy for a civil or criminal cause of action; or 

‘‘(C) applies to a case in which the Department of 

Agriculture is the originating agency requesting a consultation or other technical and programmatic information or 

assistance from another Federal agency in assisting 

farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.’’. 

SEC. 2504. TEMPORARY ADMINISTRATION OF CONSERVATION PROGRAMS. 

(a) INTERIM ADMINISTRATION.—Subject to subsection (d), the 

Secretary shall use the applicable regulations in effect on the day 

before the date of enactment of this Act, to the extent that the 

terms and conditions of those regulations are consistent with the 

amendments made by this title, to carry out the programs under 

laws as amended by this title, including— 

(1) the conservation reserve program under subchapter B 

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

Act of 1985 (16 U.S.C. 3831 et seq.) (as amended by subtitle 

B); 

(2) the environmental quality incentives program under 

subchapter A of chapter 4 of subtitle D of title XII of the 

Food Security Act of 1985 (16 U.S.C. 3839aa et seq) (as added 

by section 2301(a)(1) and amended by subtitle C); 

(3) the conservation stewardship program under subchapter 

B of chapter 4 of subtitle D of title XII of the Food Security 

Act of 1985 (as added by subsections (a)(2) and (b) of section 

2301 and amended by subtitle C); and 

(4) the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act 

of 1985 (16 U.S.C. 3865 et seq.) (as amended by subtitle F). 

(b) REGIONAL CONSERVATION PARTNERSHIP PROGRAM.—Notwithstanding subsection (e) of section 1271E of the Food Security 

Act of 1985 (16 U.S.C. 3871e) (as amended by section 2706), and 

subject to subsection (d), for fiscal year 2019, the Secretary may 

use an availability of program funding announcement consistent 

with the amendments made by subtitle G to carry out the regional 

conservation partnership program under subtitle I of title XII of 

the Food Security Act of 1985 (16 U.S.C. 3871 et seq.) without 

issuing a regulation. 

(c) FUNDING.—The Secretary may only use funds authorized 

to be made available by this title or the amendments made by 

this title for the specific programs described in paragraphs (1) 

through (4) of subsection (a) and subsection (b), in accordance 

16 USC 3801 

note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4585 

with any restrictions on the use of those funds, for the purposes 

described in subsections (a) and (b). 

(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out subsections (a) and (b) shall terminate on September 30, 2019. 

(e) PERMANENT ADMINISTRATION.—Effective beginning on the 

termination date described in subsection (d), the Secretary shall 

carry out this title and the amendments made by this title in 

accordance with such final regulations as the Secretary considers 

necessary to carry out this title and the amendments made by 

this title. 

Subtitle F—Agricultural Conservation 

Easement Program 

SEC. 2601. ESTABLISHMENT AND PURPOSES. 

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

3865(b)) is amended— 

(1) in paragraph (3), by inserting ‘‘that negatively affect 

the agricultural uses and conservation values’’ after ‘‘that land’’; 

and 

(2) in paragraph (4), by striking ‘‘restoring and’’ and 

inserting ‘‘restoring or’’. 

SEC. 2602. DEFINITIONS. 

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

3865a) is amended— 

(1) in paragraph(1)(B), by striking ‘‘subject to an agricultural land easement plan, as approved by the Secretary’’; 

(2) by redesignating paragraphs (2), (3), (4), and (5) as 

paragraphs (3), (4), (6), and (7), respectively; 

(3) by inserting after paragraph (1) the following: 

‘‘(2) BUY-PROTECT-SELL TRANSACTION.— 

‘‘(A) IN GENERAL.—The term ‘buy-protect-sell transaction’ means a legal arrangement— 

‘‘(i) between an eligible entity and the Secretary 

relating to land that an eligible entity owns or is 

going to purchase prior to acquisition of an agricultural 

land easement; 

‘‘(ii) under which the eligible entity certifies to 

the Secretary that the eligible entity shall— 

‘‘(I)(aa) hold an agricultural land easement on 

that land, but transfer ownership of the land to 

a farmer or rancher that is not an eligible entity 

prior to or on acquisition of the agricultural land 

easement; or 

‘‘(bb) hold an agricultural land easement on 

that land, but transfer ownership of the land to 

a farmer or rancher that is not an eligible entity 

in a timely manner and, subject to subparagraph 

(B), not later than 3 years after the date of acquisition of the agricultural land easement; and 

‘‘(II) make an initial sale of the land subject 

to the agricultural land easement to a farmer or 

rancher at not more than agricultural value, plus 

any reasonable holding and transaction costs 


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132 STAT. 4586 PUBLIC LAW 115–334—DEC. 20, 2018 

incurred by the eligible entity, as determined by 

the Secretary; and 

‘‘(iii) under which the Secretary shall be 

reimbursed for the entirety of the Federal share of 

the cost of the agricultural land easement by the 

eligible entity if the eligible entity fails to transfer 

ownership under item (aa) or (bb), as applicable, of 

clause (ii)(I). 

‘‘(B) TIME EXTENSION.—Under subparagraph 

(A)(ii)(I)(bb), an eligible entity may transfer land later than 

3 years after the date of acquisition of the agricultural 

land easement if the Secretary determines an extension 

of time is justified.’’; 

(4) in paragraph (4) (as so redesignated)— 

(A) in subparagraph (A)(i)— 

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

‘‘to— 

‘‘(I) a’’; 

(ii) in subclause (I) (as so designated), by adding 

‘‘or’’ at the end; and 

(iii) by adding at the end the following: 

‘‘(II) a buy-protect-sell transaction;’’; and 

(B) in subparagraph (B)(i)(II), by striking ‘‘, as determined by the Secretary in consultation with the Secretary 

of the Interior at the local level’’; and 

(5) by inserting after paragraph (4) (as so redesignated) 

the following: 

‘‘(5) MONITORING REPORT.—The term ‘monitoring report’ 

means a report, the contents of which are formulated and 

prepared by the holder of an agricultural land easement, that 

accurately documents whether the land subject to the agricultural land easement is in compliance with the terms and conditions of the agricultural land easement.’’. 

SEC. 2603. AGRICULTURAL LAND EASEMENTS. 

(a) AVAILABILITY OF ASSISTANCE.—Section 1265B(a) of the Food 

Security Act of 1985 (16 U.S.C. 3865b(a)) is amended— 

(1) in paragraph (1), by striking ‘‘and’’ at the end; 

(2) in paragraph (2), by striking ‘‘provide for the conservation of natural resources pursuant to an agricultural land easement plan.’’ and inserting ‘‘implement the program, including 

technical assistance for the development of a conservation plan 

under subsection (b)(4)(C)(iv); and’’; and 

(3) by adding at the end the following: 

‘‘(3) buy-protect-sell transactions.’’. 

(b) COST-SHARE ASSISTANCE.— 

(1) SCOPE OF ASSISTANCE AVAILABLE.—Section 1265B(b)(2) 

of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is 

amended— 

(A) in subparagraph (B), by striking clause (ii) and 

inserting the following: 

‘‘(ii) GRASSLANDS EXCEPTION.—In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide 

an amount not to exceed 75 percent of the fair market 

value of the agricultural land easement. 


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‘‘(iii) PERMISSIBLE FORMS.—The non-Federal share 

provided by an eligible entity under this subparagraph 

may comprise— 

‘‘(I) cash resources; 

‘‘(II) a charitable donation or qualified conservation contribution (as defined in section 170(h) 

of the Internal Revenue Code of 1986) from the 

private landowner from which the agricultural 

land easement will be purchased; 

‘‘(III) costs associated with securing a deed 

to the agricultural land easement, including the 

cost of appraisal, survey, inspection, and title; and 

‘‘(IV) other costs, as determined by the Secretary.’’; and 

(B) by striking subparagraph (C). 

(2) EVALUATION AND RANKING OF APPLICATIONS.—Section 

1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 

3865b(b)(3)) is amended— 

(A) by redesignating subparagraph (C) as subparagraph (E); and 

(B) by inserting after subparagraph (B) the following: 

‘‘(C) ACCOUNTING FOR GEOGRAPHIC DIFFERENCES.—The 

Secretary may adjust the criteria established under 

subparagraph (A) to account for geographic differences, 

if the adjustments— 

‘‘(i) meet the purposes of the program; and 

‘‘(ii) continue to maximize the benefit of the Federal investment under the program. 

‘‘(D) PRIORITY.—In evaluating applications under the 

program, the Secretary may give priority to an application 

for the purchase of an agricultural land easement that, 

as determined by the Secretary, maintains agricultural 

viability.’’. 

(3) AGREEMENTS WITH ELIGIBLE ENTITIES.—Section 

1265B(b)(4) of the Food Security Act of 1985 (16 U.S.C. 

3865b(b)(4)) is amended— 

(A) in subparagraph (C), by striking clauses (iii) and 

(iv) and inserting the following: 

‘‘(iii) include a right of enforcement for the Secretary that— 

‘‘(I) may be used only if the terms and conditions of the easement are not enforced by the 

eligible entity; and 

‘‘(II) does not extend to a right of inspection 

unless— 

‘‘(aa)(AA) the holder of the easement fails 

to provide monitoring reports in a timely 

manner; or 

‘‘(BB) the Secretary has a reasonable and 

articulable belief that the terms and conditions 

of the easement have been violated; and 

‘‘(bb) prior to the inspection, the Secretary 

notifies the eligible entity and the landowner 

of the inspection and provides a reasonable 

opportunity for the eligible entity and the 

landowner to participate in the inspection; 


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‘‘(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and’’; 

(B) by redesignating subparagraphs (D) and (E) as 

subparagraphs (E) and (F), respectively; and 

(C) by inserting after subparagraph (C) the following: 

‘‘(D) ADDITIONAL PERMITTED TERMS AND CONDITIONS.— An eligible entity may include terms and conditions for 

an agricultural land easement that— 

‘‘(i) are intended to keep the land subject to the 

agricultural land easement under the ownership of 

a farmer or rancher, as determined by the Secretary; 

‘‘(ii) allow subsurface mineral development on the 

land subject to the agricultural land easement and 

in accordance with applicable State law if, as determined by the Secretary— 

‘‘(I) the subsurface mineral development— 

‘‘(aa) has a limited and localized impact; 

‘‘(bb) does not harm the agricultural use 

and conservation values of the land subject 

to the easement; 

‘‘(cc) does not materially alter or affect 

the existing topography; 

‘‘(dd) shall comply with a subsurface mineral development plan that— 

‘‘(AA) includes a plan for the remediation of impacts to the agricultural use 

and conservation values of the land subject to the easement; and 

‘‘(BB) is approved by the Secretary 

prior to the initiation of mineral development activity; 

‘‘(ee) is not accomplished by any surface 

mining method; 

‘‘(ff) is within the impervious surface 

limits of the easement under subparagraph 

(C)(v); and 

‘‘(gg) uses practices and technologies that 

minimize the duration and intensity of impacts 

to the agricultural use and conservation values 

of the land subject to the easement; and 

‘‘(II) each area impacted by the subsurface 

mineral development shall be reclaimed and 

restored by the holder of the mineral rights at 

cessation of operation; and 

‘‘(iii) include other relevant activities relating to 

the agricultural land easement, as determined by the 

Secretary.’’. 

(4) CERTIFICATION OF ELIGIBLE ENTITIES.—Section 

1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C. 

3865b(b)(5)) is amended— 

(A) in subparagraph (A)— 

(i) in clause (ii), by striking ‘‘; and’’ and inserting 

a semicolon; 

(ii) in clause (iii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 


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‘‘(iv) allow a certified eligible entity to use its own 

terms and conditions, notwithstanding paragraph 

(4)(C), as long as the terms and conditions are consistent with the purposes of the program.’’; and 

(B) in subparagraph (B)— 

(i) in clause (iii), by redesignating subclauses (I) 

through (III) as items (aa) through (cc), respectively, 

and indenting appropriately; 

(ii) by redesignating clauses (i) through (iii) as 

subclauses (I) through (III), respectively, and indenting 

appropriately; 

(iii) in the matter preceding subclause (I) (as so 

redesignated), by striking ‘‘entity will’’ and inserting 

the following: ‘‘eligible entity— 

‘‘(i) will’’; 

(iv) in clause (i)(III)(cc) (as so redesignated), by 

striking the period at the end and inserting a semicolon; and 

(v) by adding at the end the following: 

‘‘(ii) has— 

‘‘(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting 

body, as determined by the Secretary; 

‘‘(II) acquired not fewer than 10 agricultural 

land easements under the program or any predecessor program; and 

‘‘(III) successfully met the responsibilities of 

the eligible entity under the applicable agreements 

with the Secretary, as determined by the Secretary, relating to agricultural land easements that 

the eligible entity has acquired under the program 

or any predecessor program; or 

‘‘(iii) is a State department of agriculture or other 

State agency with statutory authority for farm and 

ranchland protection that has— 

‘‘(I) acquired not fewer than 10 agricultural 

land easements under the program or any predecessor program; and 

‘‘(II) successfully met the responsibilities of 

the eligible entity under the applicable agreements 

with the Secretary, as determined by the Secretary, relating to agricultural land easements that 

the eligible entity has acquired under the program 

or any predecessor program.’’. 

(5) TECHNICAL ASSISTANCE.—Section 1265B of the Food 

Security Act of 1985 (16 U.S.C. 3865b) is amended by striking 

subsection (d) and inserting the following: 

‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance, if requested, to assist in compliance with the 

terms and conditions of easements.’’. 

SEC. 2604. WETLAND RESERVE EASEMENTS. 

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

3865c) is amended— 

(1) in subsection (b)— 

(A) in paragraph (3)(C), by inserting ‘‘or improving 

water quality’’ before the period at the end; and 


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(B) in paragraph (5)— 

(i) in subparagraph (C)— 

(I) by striking ‘‘Land subject’’ and inserting 

the following: 

‘‘(i) IN GENERAL.—Land subject’’; 

(II) in clause (i) (as so designated), by inserting 

‘‘water management,’’ after ‘‘timber harvest,’’; and 

(III) by adding at the end the following: 

‘‘(ii) COMPATIBLE USE AUTHORIZATION.—In evaluating and authorizing a compatible economic use under 

clause (i), the Secretary shall— 

‘‘(I) request and consider the advice of the 

applicable State technical committee established 

under section 1261(a) about the 1 or more types 

of uses that may be authorized to be conducted 

on land subject to a wetland reserve easement, 

including the frequency, timing, and intensity of 

those uses; 

‘‘(II) consider the ability of an authorized use 

to facilitate the practical administration and 

management of that land; and 

‘‘(III) ensure that an authorized use furthers 

the functions and values for which the wetland 

reserve easement was established.’’; and 

(ii) in subparagraph (D)(i)(III), by inserting after 

‘‘under subsection (f)’’ the following: ‘‘or a grazing 

management plan that is consistent with the wetland 

reserve easement plan and has been reviewed, and 

modified as necessary, at least every 5 years’’; and 

(2) in subsection (f)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) WETLAND RESERVE EASEMENT PLAN.— 

‘‘(A) IN GENERAL.—The Secretary shall develop a wetland reserve easement plan— 

‘‘(i) for any eligible land subject to a wetland 

reserve easement; and 

‘‘(ii) that restores, protects, enhances, manages, 

maintains, and monitors the eligible land subject to 

the wetland reserve easements acquired under this 

section. 

‘‘(B) PRACTICES AND ACTIVITIES.—A wetland reserve 

easement plan under subparagraph (A) shall include practices and activities, including repair or replacement, that 

are necessary to restore and maintain the enrolled land 

and the functions and values of the wetland subject to 

a wetland reserve easement.’’; 

(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

(C) by inserting after paragraph (1) the following: 

‘‘(2) ALTERNATIVE PLANT COMMUNITIES.—The Secretary, in 

coordination with State technical committees established under 

section 1261(a) and pursuant to State-specific criteria and 

guidelines, may authorize the establishment or restoration of 

a hydrologically appropriate native community or alternative 

naturalized vegetative community as part of a wetland reserve 

easement plan on land subject to a wetland reserve easement 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4591 

if that hydrologically appropriate native or alternative naturalized vegetative community shall— 

‘‘(A) substantially support or benefit migratory waterfowl or other wetland wildlife; or 

‘‘(B) meet local resource concerns or needs (including 

as an element of a regional, State, or local wildlife initiative 

or plan).’’. 

SEC. 2605. ADMINISTRATION. 

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

3865d) is amended— 

(1) in paragraph (a)(4), by striking ‘‘proposed’’ and inserting 

‘‘permitted’’; 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, AND TERMI- NATION.— 

‘‘(1) SUBORDINATION.—The Secretary may subordinate any 

interest in land, or portion of such interest, administered by 

the Secretary (including for the purposes of utilities and energy 

transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary 

determines that the subordination— 

‘‘(A) increases conservation values or has a limited 

negative effect on conservation values; 

‘‘(B) minimally affects the acreage subject to the 

interest in land; and 

‘‘(C) is in the public interest or furthers the practical 

administration of the program. 

‘‘(2) MODIFICATION AND EXCHANGE.— 

‘‘(A) AUTHORITY.—The Secretary may approve a modification or exchange of any interest in land, or portion 

of such interest, administered by the Secretary, either 

directly or on behalf of the Commodity Credit Corporation 

under the program if the Secretary determines that— 

‘‘(i) no reasonable alternative exists and the effect 

on the interest in land is avoided or minimized to 

the extent practicable; and 

‘‘(ii) the modification or exchange— 

‘‘(I) results in equal or increased conservation 

values; 

‘‘(II) results in equal or greater economic value 

to the United States; 

‘‘(III) is consistent with the original intent of 

the easement; 

‘‘(IV) is consistent with the purposes of the 

program; and 

‘‘(V) is in the public interest or furthers the 

practical administration of the program. 

‘‘(B) LIMITATION.—In modifying or exchanging an 

interest in land, or portion of such interest, under this 

paragraph, the Secretary may not increase any payment 

to an eligible entity. 

‘‘(3) TERMINATION.—The Secretary may approve a termination of any interest in land, or portion of such interest, 

administered by the Secretary, directly or on behalf of the 

Commodity Credit Corporation under the program if the Secretary determines that— 


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132 STAT. 4592 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) termination is in the interest of the Federal 

Government; 

‘‘(B) the United States will be fully compensated for— 

‘‘(i) the fair market value of the interest in land; 

‘‘(ii) any costs relating to the termination; and 

‘‘(iii) any damages determined appropriate by the 

Secretary; and 

‘‘(C) the termination will— 

‘‘(i) address a compelling public need for which 

there is no practicable alternative even with avoidance 

and minimization; and 

‘‘(ii) further the practical administration of the program. 

‘‘(4) CONSENT.—The Secretary shall obtain consent from 

the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in 

land, or portion of such interest, under this subsection. 

‘‘(5) NOTICE.—At least 90 days before taking any termination action described in paragraph (3), the Secretary shall 

provide written notice of such action to the Committee on 

Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate.’’; and 

(3) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘transferred into the 

program’’ and inserting ‘‘enrolled in an easement under 

section 1265C(b)’’; and 

(B) by adding at the end the following: 

‘‘(3) AGRICULTURAL LAND EASEMENTS.—A farmer or rancher 

who owns eligible land subject to an agricultural land easement 

may enter into a contract under subchapter B of chapter 1 

of subtitle D.’’. 

Subtitle G—Regional Conservation 

Partnership Program 

SEC. 2701. ESTABLISHMENT AND PURPOSES. 

Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) 

is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘, including partnership agreements funded through alternative funding 

arrangements or grant agreements under section 

1271C(d),’’ after ‘‘partnership agreements’’; and 

(B) in paragraph (2), by striking ‘‘contracts with producers’’ and inserting ‘‘program contracts with producers’’; 

and 

(2) in subsection (b)— 

(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘use covered programs’’ and inserting 

‘‘carry out eligible activities’’; 

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

‘‘(2) To further the conservation, protection, restoration, 

and sustainable use of soil, water (including sources of drinking 

water and groundwater), wildlife, agricultural land, and related 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4593 

natural resources on eligible land on a regional or watershed 

scale.’’; 

(C) in paragraph (3)— 

(i) in subparagraph (A), by inserting ‘‘, including 

through alignment of partnership projects with other 

national, State, and local agencies and programs 

addressing similar natural resource or environmental 

concerns’’ after ‘‘eligible land’’; and 

(ii) in subparagraph (B), by striking ‘‘installation’’ 

and inserting ‘‘adoption, installation,’’; and 

(D) by adding at the end the following: 

‘‘(4) To encourage the flexible and streamlined delivery 

of conservation assistance to producers through partnership 

agreements. 

‘‘(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.’’. 

SEC. 2702. DEFINITIONS. 

Section 1271A of the Food Security Act of 1985 (16 U.S.C. 

3871a) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (C), by inserting ‘‘, not including 

the grassland conservation initiative under section 1240L– 

1’’ before the period at the end; and 

(B) by adding at the end the following: 

‘‘(E) The conservation reserve program established 

under subchapter B of chapter 1 of subtitle D. 

‘‘(F) The programs established by the Secretary to carry 

out the Watershed Protection and Flood Prevention Act 

(16 U.S.C. 1001 et seq.), except for any program established 

by the Secretary to carry out section 14 (16 U.S.C. 1012) 

of that Act.’’; 

(2) by striking paragraphs (2) and (3) and inserting the 

following: 

‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible activity’ means 

a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority 

for a covered program. 

‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ means any 

agricultural or nonindustrial private forest land or associated 

land on which the Secretary determines an eligible activity 

would help achieve conservation benefits.’’; 

(3) in paragraph (4)— 

(A) in subparagraph (E), by inserting ‘‘acequia,’’ after 

‘‘irrigation district,’’; and 

(B) by adding at the end the following: 

‘‘(I) An organization described in section 1265A(3)(B). 

‘‘(J) A conservation district.’’; 

(4) by striking paragraph (5) and inserting the following: 

‘‘(5) PARTNERSHIP AGREEMENT.—The term ‘partnership 

agreement’ means the programmatic agreement entered into 

between the Secretary and an eligible partner, subject to the 

terms and conditions under section 1271B.’’; and 

(5) by adding at the end the following: 

‘‘(7) PROGRAM CONTRACT.— 


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132 STAT. 4594 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) IN GENERAL.—The term ‘program contract’ means 

the contract between the Secretary and a producer entered 

into under this subtitle. 

‘‘(B) EXCLUSION.—The term ‘program contract’ does not 

include a contract under a covered program.’’. 

SEC. 2703. REGIONAL CONSERVATION PARTNERSHIPS. 

Section 1271B of the Food Security Act of 1985 (16 U.S.C. 

3871b) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) LENGTH.— ‘‘(1) IN GENERAL.—A partnership agreement shall be— 

‘‘(A) for a period not to exceed 5 years; or 

‘‘(B) for a period that is longer than 5 years, if the 

longer period is necessary to meet the objectives of the 

program, as determined by the Secretary. 

‘‘(2) RENEWAL.—A partnership agreement may be renewed 

under subsection (e)(5) for a period not to exceed 5 years. 

‘‘(3) EXTENSION.—A partnership agreement, or any renewal 

of a partnership agreement, may each be extended 1 time 

for a period not longer than 12 months, as determined by 

the Secretary.’’; 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) in subparagraph (A)— 

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

clauses (iv) and (v), respectively; and 

(II) by striking clauses (i) and (ii) and inserting 

the following: 

‘‘(i) 1 or more conservation benefits that the project 

shall achieve; 

‘‘(ii) the eligible activities on eligible land to be 

conducted under the project to achieve conservation 

benefits; 

‘‘(iii) the implementation timeline for carrying out 

the project, including any interim milestones;’’; 

(ii) in subparagraph (D), by striking ‘‘funds’’ and 

inserting ‘‘contributions’’; and 

(iii) in subparagraph (E), by striking ‘‘of the 

project’s effects; and’’ and inserting the following: ‘‘of— 

‘‘(i) the progress made by the project in achieving 

each conservation benefit defined in the partnership 

agreement, including in a quantified form to the extent 

practicable; and 

‘‘(ii) as appropriate, other outcomes of the project; 

and’’; and 

(B) in paragraph (2)— 

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

‘‘(A) IN GENERAL.—An eligible’’; and 

(ii) by adding at the end the following: 

‘‘(B) FORM.—A contribution of an eligible partner under 

this paragraph may be in the form of— 

‘‘(i) direct funding; 

‘‘(ii) in-kind support; or 

‘‘(iii) a combination of direct funding and in-kind 

support. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4595 

‘‘(C) TREATMENT.—Any amounts expended during the 

period beginning on the date on which the Secretary 

announces the approval of an application under subsection 

(e) and ending on the day before the effective date of 

the partnership agreement by an eligible partner for staff 

salaries or development of the partnership agreement may 

be considered to be a part of the contribution of the eligible 

partner under this paragraph.’’; 

(3) by redesignating subsection (d) as subsection (e); 

(4) by inserting after subsection (c) the following: 

‘‘(d) DUTIES OF SECRETARY.—The Secretary shall— 

‘‘(1) establish a timeline for carrying out the duties of 

the Secretary under a partnership agreement, including— 

‘‘(A) entering into program contracts with producers; 

‘‘(B) providing financial assistance to producers; and 

‘‘(C) in the case of a partnership agreement that is 

funded through an alternative funding arrangement or 

grant agreement under section 1271C(d), providing the payments to the eligible partner for carrying out eligible activities; 

‘‘(2) identify in each State a program coordinator for the 

State, who shall be responsible for providing assistance to 

eligible partners under the program; 

‘‘(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E); 

‘‘(4) provide to each eligible partner that has entered into 

a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 

1271C(d)— 

‘‘(A) a semiannual report describing the status of each 

pending and obligated contract under the project of the 

eligible partner; and 

‘‘(B) an annual report describing how the Secretary 

used amounts reserved by the Secretary for that year for 

technical assistance under section 1271D(f); and 

‘‘(5) ensure that any eligible activity effectively achieves 

the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).’’; 

(5) in subsection (e) (as redesignated by paragraph (3))— 

(A) in paragraph (1), by inserting ‘‘simplified’’ after 

‘‘conduct a’’; 

(B) in paragraph (3)— 

(i) by striking the paragraph designation and 

heading and all that follows through ‘‘description of— 

’’ and inserting the following: 

‘‘(3) CONTENTS.—The Secretary shall develop a simplified 

application that includes a description of—’’; 

(ii) in subparagraph (C), by striking ‘‘, including 

the covered programs to be used’’; and 

(iii) in subparagraph (D), by striking ‘‘financial’’; 

(C) in paragraph (4)— 

(i) by striking subparagraph (D); 

(ii) by redesignating subparagraphs (E) and (F) 

as subparagraphs (G) and (H), respectively; and 

(iii) by inserting after subparagraph (C) the following: 


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132 STAT. 4596 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(D) build new partnerships with local, State, and private entities to include a diversity of stakeholders in the 

project; 

‘‘(E) deliver a high percentage of applied conservation— 

‘‘(i) to achieve conservation benefits; or 

‘‘(ii) in the case of a project in a critical conservation area under section 1271F, to address the priority 

resource concern for that critical conservation area; 

‘‘(F) implement the project consistent with existing 

watershed, habitat, or other area restoration plans;’’; and 

(D) by adding at the end the following: 

‘‘(5) RENEWALS.—If the Secretary determines that a project 

that is the subject of a partnership agreement has met or 

exceeded the objectives of the project, the Secretary may renew 

the partnership agreement through an expedited noncompetitive process if the 1 or more eligible partners that are parties 

to the partnership agreement request the renewal in order— 

‘‘(A) to continue to implement the project under a 

renewal of the partnership agreement; or 

‘‘(B) to expand the scope of the project under a renewal 

of the partnership agreement, as long as the expansion 

is within the objectives and purposes of the original partnership agreement.’’; and 

(6) by adding at the end the following: 

‘‘(f) NONAPPLICABILITY OF ADJUSTED GROSS INCOME LIMITATION.—The adjusted gross income limitation described in section 

1001D(b)(1) shall not apply to an eligible partner under the program.’’. 

SEC. 2704. ASSISTANCE TO PRODUCERS. 

Section 1271C of the Food Security Act of 1985 (16 U.S.C. 

3871c) is amended— 

(1) by striking subsections (a) and (b) and inserting the 

following: 

‘‘(a) IN GENERAL.—A producer may receive financial or technical 

assistance to conduct eligible activities on eligible land through 

a program contract entered into with the Secretary. 

‘‘(b) PROGRAM CONTRACTS.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a program 

contract to be entered into with a producer to conduct eligible 

activities on eligible land, subject to such terms and conditions 

as the Secretary may establish. 

‘‘(2) APPLICATION BUNDLES.— 

‘‘(A) IN GENERAL.—An eligible partner may submit to 

the Secretary, on behalf of producers, a bundle of applications for assistance under the program through program 

contracts to address a substantial portion of the conservation benefits to be achieved by the project, as defined 

in the partnership agreement. 

‘‘(B) PRIORITY.—The Secretary may give priority to 

applications described in subparagraph (A).’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘In accordance with 

statutory requirements of the covered programs involved, 

the Secretary may make payments to a producer’’ and 

inserting ‘‘Subject to section 1271D, the Secretary may 

make payments to a producer’’; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4597 

(B) in paragraph (3), by striking ‘‘participating’’; and 

(3) by adding at the end the following: 

‘‘(d) FUNDING THROUGH ALTERNATIVE FUNDING ARRANGEMENTS

OR GRANT AGREEMENTS.— 

‘‘(1) IN GENERAL.—A partnership agreement entered into 

with an eligible partner may be funded through an alternative 

funding arrangement or grant in accordance with this subsection. 

‘‘(2) DUTIES OF THE SECRETARY.—The Secretary shall— 

‘‘(A) under a funding agreement under paragraph (1)— 

‘‘(i) use funding made available to carry out this 

subtitle to provide funding directly to the eligible 

partner; and 

‘‘(ii) provide technical and administrative assistance, as mutually agreed by the parties; and 

‘‘(B) enter into not more than 15 alternative funding 

arrangements or grant agreements with 1 or more eligible 

partners each fiscal year. 

‘‘(3) DUTIES OF ELIGIBLE PARTNERS.—Under a funding 

agreement under paragraph (1), the eligible partner shall— 

‘‘(A) carry out eligible activities on eligible land in 

agreement with producers to achieve conservation benefits 

on a regional or watershed scale, such as— 

‘‘(i) infrastructure investments relating to agricultural or nonindustrial private forest production that 

would— 

‘‘(I) benefit multiple producers; and 

‘‘(II) address natural resource concerns such 

as drought, wildfire, or water quality impairment 

on the land covered by the project; 

‘‘(ii) projects addressing natural resources concerns 

in coordination with producers, including the development and implementation of watershed, habitat, or 

other area restoration plans; 

‘‘(iii) projects that use innovative approaches to 

leveraging the Federal investment in conservation with 

private financial mechanisms, in conjunction with agricultural production or forest resource management, 

such as— 

‘‘(I) the provision of performance-based payments to producers; and 

‘‘(II) support for an environmental market; or 

‘‘(iv) other projects for which the Secretary determines that the goals and objectives of the program 

would be easier to achieve through the funding agreement under paragraph (1); and 

‘‘(B) submit to the Secretary, in addition to any 

information that the Secretary requires to prepare the 

report under section 1271E(b), an annual report that 

describes the status of the project, including a description 

of— 

‘‘(i) the use of the funds awarded under paragraph 

(1); 

‘‘(ii) any subcontracts awarded; 

‘‘(iii) the producers receiving funding through the 

funding agreement under paragraph (1); 


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132 STAT. 4598 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(iv)(I) the progress made by the project in 

addressing each natural resource concern defined in 

the funding agreement under paragraph (1), including 

in a quantified form to the extent practicable; and 

‘‘(II) as appropriate, other outcomes of the project; 

and 

‘‘(v) any other reporting data the Secretary determines are necessary to ensure compliance with the 

program rules.’’. 

SEC. 2705. FUNDING. 

Section 1271D of the Food Security Act of 1985 (16 U.S.C. 

3871d) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘$100,000,000’’ and inserting 

‘‘$300,000,000’’; and 

(B) by striking ‘‘2014 through 2018’’ and inserting 

‘‘2019 through 2023’’; 

(2) by striking subsection (c); 

(3) by redesignating subsections (d) and (e) as subsections 

(c) and (d), respectively; 

(4) in subsection (c) (as so redesignated)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘and acres’’; and 

(ii) by striking ‘‘and reserved for the program 

under subsection (c)’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘25 percent of the funds and acres 

to projects based on a State competitive process 

administered by the State Conservationist, with the 

advice of the State technical committee’’ and inserting 

‘‘50 percent of the funds to projects based on a State 

or multistate competitive process administered by the 

Secretary at the local level with the advice of the 

applicable State technical committees’’; and 

(ii) by adding ‘‘and’’ after the semicolon; 

(C) by striking paragraph (2); 

(D) by redesignating paragraph (3) as paragraph (2); 

and 

(E) in paragraph (2) (as so redesignated), by striking 

‘‘35 percent of the funds and acres’’ and inserting ‘‘50 

percent of the funds’’; 

(5) in subsection (d) (as so redesignated)— 

(A) by striking ‘‘None of the funds made available 

or reserved for the program’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

none of the funds made available for the program, including 

for a partnership agreement funded through an alternative 

funding arrangement or grant agreement under section 

1271C(d),’’; and 

(B) by adding at the end the following: 

‘‘(2) PROJECT DEVELOPMENT AND OUTREACH.—Under a partnership agreement that is not funded through an alternative 

funding arrangement or grant agreement under section 

1271C(d), the Secretary may advance reasonable amounts of 

funding for not longer than 90 days for technical assistance 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4599 

to eligible partners to conduct project development and outreach 

activities in a project area, including— 

‘‘(A) providing outreach and education to producers 

for potential participation in the project; 

‘‘(B) establishing baseline metrics to support the 

development of the assessment required under section 

1271B(c)(1)(E); or 

‘‘(C) providing technical assistance to producers.’’; and 

(6) by adding at the end the following: 

‘‘(e) TECHNICAL ASSISTANCE.— ‘‘(1) IN GENERAL.—At the time of project selection, the 

Secretary shall identify and make publicly available the amount 

that the Secretary shall use to provide technical assistance 

under the terms of the partnership agreement. 

‘‘(2) LIMITATION.—The Secretary shall limit costs of the 

Secretary for technical assistance to costs specific and necessary 

to carry out the objectives of the program. 

‘‘(3) THIRD-PARTY PROVIDERS.—The Secretary shall develop 

and implement strategies to encourage third-party technical 

service providers to provide technical assistance to eligible partners pursuant to a partnership agreement.’’. 

SEC. 2706. ADMINISTRATION. 

Section 1271E of the Food Security Act of 1985 (16 U.S.C. 

3871e) is amended— 

(1) in subsection (a), by striking ‘‘1271B(d)’’ each place 

it appears and inserting ‘‘1271B(e)’’; 

(2) in subsection (b)— 

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

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2019’’; 

(B) by redesignating paragraphs (1) through (4) as 

paragraphs (2) through (5), respectively; 

(C) by inserting before paragraph (2) (as so redesignated) the following: 

‘‘(1) a summary of— 

‘‘(A) the progress made towards achieving the conservation benefits defined for the projects; and 

‘‘(B) any other related outcomes of the projects;’’; 

(D) in paragraph (4) (as so redesignated), by striking 

‘‘and’’ at the end; 

(E) in paragraph (5) (as so redesignated)— 

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

striking ‘‘1271C(b)(2)’’ and inserting ‘‘1271C(d)’’; and 

(ii) in subparagraph (C), by striking the period 

at the end and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(6) in the case of a project within a critical conservation 

area under section 1271F, the status of each priority resource 

concern for each designated critical conservation area, 

including— 

‘‘(A) the priority resource concerns for which each critical conservation area is designated; 

‘‘(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority 

resource concerns; 

‘‘(C) the partnership agreements selected to address 

each conservation goal and outcome; and 


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132 STAT. 4600 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(D) the extent to which each conservation goal and 

outcome is being addressed by the partnership agreements.’’; and 

(3) by adding at the end the following: 

‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The Secretary may not provide assistance under the program to a producer 

unless the producer agrees, during the program year for which 

the assistance is provided— 

‘‘(1) to comply with applicable conservation requirements 

under subtitle B; and 

‘‘(2) to comply with applicable wetland protection requirements under subtitle C. 

‘‘(d) HISTORICALLY UNDERSERVED PRODUCERS.—To the maximum extent practicable, in carrying out the program, the Secretary 

and eligible partners shall conduct outreach to beginning farmers 

and ranchers, veteran farmers and ranchers, socially disadvantaged 

farmers and ranchers, and limited resource farmers and ranchers 

to encourage participation by those producers in a project subject 

to a partnership agreement or funding agreement under 1271C(d). 

‘‘(e) REGULATIONS.—The Secretary shall issue regulations to 

carry out the program.’’. 

SEC. 2707. CRITICAL CONSERVATION AREAS. 

Section 1271F of the Food Security Act of 1985 (16 U.S.C. 

3871f) is amended— 

(1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (e), respectively; 

(2) by inserting before subsection (b) (as so redesignated) 

the following: 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) CRITICAL CONSERVATION AREA.—The term ‘critical conservation area’ means a geographical area that contains a critical conservation condition that can be addressed through the 

program. 

‘‘(2) PRIORITY RESOURCE CONCERN.—The term ‘priority 

resource concern’ means a natural resource concern located 

in a critical conservation area that can be addressed through— 

‘‘(A) water quality improvement, including through 

reducing erosion, promoting sediment control, and 

addressing nutrient management activities affecting large 

bodies of water of regional, national, or international 

significance; 

‘‘(B) water quantity improvement, including improvement relating to— 

‘‘(i) drought; 

‘‘(ii) groundwater, surface water, aquifer, or other 

water sources; or 

‘‘(iii) water retention and flood prevention; 

‘‘(C) wildlife habitat restoration to address species of 

concern at a Federal, State, or local level; and 

‘‘(D) other natural resource improvements, as determined by the Secretary, within the critical conservation 

area.’’; 

(3) in subsection (b) (as so redesignated)— 

(A) by striking ‘‘(b) IN GENERAL.—’’ and inserting the 

following: 

‘‘(b) APPLICATIONS.—’’; 


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(B) by striking ‘‘1271D(d)(3)’’ and inserting 

‘‘1271D(d)(2)’’; 

(C) by striking ‘‘producer’’ and inserting ‘‘program’’; 

and 

(D) by inserting ‘‘that address 1 or more priority 

resource concerns for which the critical conservation area 

is designated’’ before the period at the end; 

(4) in subsection (c) (as so redesignated)— 

(A) by redesignating paragraphs (1) through (3) as 

paragraphs (2) through (4), respectively; 

(B) by inserting before paragraph (2) (as so redesignated) the following: 

‘‘(1) IN GENERAL.—The Secretary shall identify 1 or more 

priority resource concerns that apply to each critical conservation area designated under this section after the date of enactment of the Agricultural Act of 2014 (Public Law 113–79; 

128 Stat. 649), including the conservation goals and outcomes 

sufficient to demonstrate that progress is being made to address 

the priority resource concern.’’; 

(C) in paragraph (2) (as so redesignated)— 

(i) by striking subparagraphs (C) and (D) and 

inserting the following: 

‘‘(C) contains 1 or more priority resource concerns; 

or’’; and 

(ii) by redesignating subparagraph (E) as subparagraph (D); and 

(D) by striking paragraph (3) (as so redesignated) and 

inserting the following: 

‘‘(3) REVIEW AND WITHDRAWAL.—The Secretary may— 

‘‘(A) review designations of critical conservation areas 

under this section not more frequently than once every 

5 years; and 

‘‘(B) withdraw designation of a critical conservation 

area only if the Secretary determines that the area is 

no longer a critical conservation area.’’; 

(5) by inserting after subsection (c) (as so redesignated) 

the following: 

‘‘(d) OUTREACH TO ELIGIBLE PARTNERS AND PRODUCERS.—The 

Secretary shall provide outreach and education to eligible partners 

and producers in critical conservation areas designated under this 

section to encourage the development of projects to address each 

priority resource concern identified by the Secretary for that critical 

conservation area.’’; and 

(6) in subsection (e) (as so redesignated)— 

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

inserting ‘‘program’’; and 

(B) by striking paragraph (3). 


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132 STAT. 4602 PUBLIC LAW 115–334—DEC. 20, 2018 

Subtitle H—Repeals and Technical 

Amendments 

PART I—REPEALS 

SEC. 2811. REPEAL OF CONSERVATION CORRIDOR DEMONSTRATION 

PROGRAM. 

(a) IN GENERAL.—Subtitle G of title II of the Farm Security 

and Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public 

Law 107–171) is repealed. 

(b) CONFORMING AMENDMENT.—Section 5059 of the Water 

Resources Development Act of 2007 (16 U.S.C. 3801 note; Public 

Law 110–114) is repealed. 

SEC. 2812. REPEAL OF CRANBERRY ACREAGE RESERVE PROGRAM. 

Section 10608 of the Farm Security and Rural Investment 

Act of 2002 (16 U.S.C. 3801 note; Public Law 107–171) is repealed. 

SEC. 2813. REPEAL OF NATIONAL NATURAL RESOURCES FOUNDATION. 

Subtitle F of title III of the Federal Agriculture Improvement 

and Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed. 

SEC. 2814. REPEAL OF FLOOD RISK REDUCTION. 

Section 385 of the Federal Agriculture Improvement and 

Reform Act of 1996 (7 U.S.C. 7334) is repealed. 

SEC. 2815. REPEAL OF STUDY OF LAND USE FOR EXPIRING CONTRACTS 

AND EXTENSION OF AUTHORITY. 

Section 1437 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624) is repealed. 

SEC. 2816. REPEAL OF INTEGRATED FARM MANAGEMENT PROGRAM 

OPTION. 

Section 1451 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 5822) is repealed. 

SEC. 2817. REPEAL OF CLARIFICATION OF DEFINITION OF AGRICULTURAL LANDS. 

Section 325 of the Federal Agriculture Improvement and 

Reform Act of 1996 (Public Law 104–127; 110 Stat. 992) is repealed. 

PART II—TECHNICAL AMENDMENTS 

SEC. 2821. TECHNICAL AMENDMENTS. 

(a) WATERSHED PROTECTION AND FLOOD PREVENTION ACT.— 

Section 5(4) of the Watershed Protection and Flood Prevention 

Act (16 U.S.C. 1005(4)) is amended— 

(1) by striking ‘‘goodwater’’ and inserting ‘‘floodwater’’; and 

(2) by striking ‘‘Secretary of Health, Education, and Welfare’’ each place it appears and inserting ‘‘Secretary of Health 

and Human Services’’. 

(b) DELINEATION OF WETLANDS; EXEMPTIONS.—Section 1222(j) 

of the Food Security Act of 1985 (16 U.S.C. 3822(j)) is amended 

by striking ‘‘National Resources Conservation Service’’ and inserting 

‘‘Natural Resources Conservation Service’’. 

16 USC 5801 and 

note, 5802–5809. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4603 

(c) FARMABLE WETLAND PROGRAM.—Section 1231B(b)(2)(A)(i) 

of the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)(A)(i)) is 

amended by adding a semicolon at the end. 

(d) TERMINAL LAKES ASSISTANCE.—Section 2507 of the Farm 

Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb– 

6) is amended— 

(1) in subsection (e)— 

(A) by striking paragraph (1); 

(B) by redesignating paragraph (2) as paragraph (1); 

and 

(C) by adding at the end the following: 

‘‘(2) NO ADDITIONAL FUNDS.— ‘‘(A) IN GENERAL.—Nothing in this section authorizes 

any additional funds to carry out this section. 

‘‘(B) AVAILABILITY OF FUNDS.—Any funds made available to carry out this section before the date of enactment 

of the Agriculture Improvement Act of 2018 may remain 

available until expended.’’; and 

(2) by adding at the end the following: 

‘‘(f) TERMINATION OF AUTHORITY.—The authority provided by 

this section shall terminate on October 1, 2023.’’. 

(e) DELIVERY OF TECHNICAL ASSISTANCE.—Section 1242 of the 

Food Security Act of 1985 (16 U.S.C. 3842) is amended by striking 

‘‘third party’’ each place it appears and inserting ‘‘third-party’’. 

(f) ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.—Section 1244(b)(4)(B) of the Food Security Act of 1985 

(16 U.S.C. 3844(b)(4)(B)) is amended by striking ‘‘General 

Accounting Office’’ and inserting ‘‘Government Accountability 

Office’’. 

SEC. 2822. STATE TECHNICAL COMMITTEES. 

(a) STANDARDS.—Section 1261(b)(2) of the Food Security Act 

of 1985 (16 U.S.C. 3861(b)(2)) is amended by striking ‘‘under section 

1262(b)’’. 

(b) COMPOSITION.—Section 1261(c) of the Food Security Act 

of 1985 (16 U.S.C. 3861(c)) is amended by adding at the end the 

following: 

‘‘(14) The State Cooperative Extension Service and land 

grant university in the State.’’. 

TITLE III—TRADE 

Subtitle A—Food for Peace Act 

SEC. 3101. LABELING REQUIREMENTS. 

Section 202(g) of the Food for Peace Act (7 U.S.C. 1722(g)) 

is amended to read as follows: 

‘‘(g) LABELING OF ASSISTANCE.—Agricultural commodities and 

other assistance provided under this title shall, to the extent practicable, be clearly identified with appropriate markings on the package or container of such agricultural commodities or food procured 

outside of the United States, or on printed material that accompanies other assistance, in the language of the locality in which 

such commodities and other assistance are distributed, as being 

furnished by the people of the United States of America.’’. 


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132 STAT. 4604 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 3102. FOOD AID QUALITY ASSURANCE. 

Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3)) 

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

SEC. 3103. LOCAL SALE AND BARTER OF COMMODITIES. 

Section 203 of the Food for Peace Act (7 U.S.C. 1723) is 

amended— 

(1) in subsection (a), by inserting ‘‘to generate proceeds 

to be used as provided in this section’’ before the period at 

the end; 

(2) by striking subsection (b); and 

(3) by redesignating subsections (c) and (d) as subsections 

(b) and (c), respectively. 

SEC. 3104. MINIMUM LEVELS OF ASSISTANCE. 

Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) 

is amended in paragraphs (1) and (2) by striking ‘‘2018’’ both 

places it appears and inserting ‘‘2023’’. 

SEC. 3105. FOOD AID CONSULTATIVE GROUP. 

Section 205 of the Food for Peace Act (7 U.S.C. 1725) is 

amended— 

(1) in subsection (d)(1), in the first sentence, by striking 

‘‘45’’ and inserting ‘‘30’’; and 

(2) in subsection (f), by striking ‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 3106. ISSUANCE OF REGULATIONS. 

Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1)) 

is amended by striking ‘‘the Agricultural Act of 2014’’and inserting 

‘‘the Agriculture Improvement Act of 2018’’. 

SEC. 3107. OVERSIGHT, MONITORING, AND EVALUATION. 

Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) 

is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘$17,000,000’’ and inserting ‘‘1.5 percent, but not less than $17,000,000,’’; and 

(B) by striking ‘‘2018’’ each place it appears and 

inserting ‘‘2023’’; and 

(2) in subparagraph (B)— 

(A) in clause (i), by striking ‘‘2018’’ and inserting 

‘‘2023’’; and 

(B) in clause (ii), by striking ‘‘chapter 1 of part I 

of’’. 

SEC. 3108. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION, DELIVERY, AND DISTRIBUTION OF SHELFSTABLE PREPACKAGED FOODS. 

Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is 

amended— 

(1) by amending the section heading to read as follows: 

‘‘INTERNATIONAL FOOD RELIEF PARTNERSHIP.’’; and 

(2) in subsection (f), by striking ‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 3109. CONSIDERATION OF IMPACT OF PROVISION OF AGRICULTURAL COMMODITIES AND OTHER ASSISTANCE ON LOCAL 

FARMERS AND ECONOMY. 

(a) INCLUSION OF ALL MODALITIES.—Section 403(a) of the Food 

for Peace Act (7 U.S.C. 1733(a)) is amended— 


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

‘‘, food procured outside of the United States, food voucher, 

or cash transfer for food’’ after ‘‘agricultural commodity’’; 

(2) in paragraph (1), by inserting ‘‘in the case of the provision of an agricultural commodity,’’ before ‘‘adequate’’; and 

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

‘‘agricultural commodity or use of the food procured outside 

of the United States, food voucher, or cash transfer for food’’. 

(b) AVOIDANCE OF DISRUPTIVE IMPACT.—Section 403(b) of the 

Food for Peace Act (7 U.S.C. 1733(b)) is amended— 

(1) in the first sentence, by inserting ‘‘, the use of food 

procured outside of the United States, food vouchers, and cash 

transfers for food,’’ after ‘‘agricultural commodities’’; and 

(2) in the second sentence, by striking ‘‘of sales of agricultural commodities’’. 

SEC. 3110. ALLOWANCE FOR DISTRIBUTION COSTS. 

Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6)) 

is amended by striking ‘‘and distribution costs’’ and inserting ‘‘, 

distribution, and program implementation costs to use the commodities’’. 

SEC. 3111. PREPOSITIONING OF AGRICULTURAL COMMODITIES. 

Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C. 

1736a(c)(4)(A)) is amended by striking ‘‘2018’’ each place it appears 

and inserting ‘‘2023’’. 

SEC. 3112. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND 

ACTIVITIES. 

(a) IN GENERAL.—Section 407(f) of the Food for Peace Act 

(7 U.S.C. 1736a(f)) is amended to read as follows: 

‘‘(f) ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND

ACTIVITIES.— 

‘‘(1) ANNUAL REPORT.—Not later than April 1 of each fiscal 

year, the Administrator and the Secretary shall jointly, or 

each separately, prepare and submit to the appropriate committees of Congress a report regarding each program and activity 

carried out under this Act by the Administrator, the Secretary, 

or both, as applicable, during the prior fiscal year. 

‘‘(2) CONTENTS.—An annual report described in paragraph 

(1) shall include, with respect to the prior fiscal year, the 

following: 

‘‘(A) A list that contains a description of each country 

and organization that receives food and other assistance 

under this Act (including the quantity of food and assistance provided to each country and organization). 

‘‘(B) A general description of each project and activity 

implemented under this Act (including each activity funded 

through the use of local currencies) and the total number 

of beneficiaries of the project. 

‘‘(C) A statement describing the quantity of agricultural 

commodities made available to, and the total number of 

beneficiaries in, each country pursuant to— 

‘‘(i) this Act; 

‘‘(ii) section 416(b) of the Agricultural Act of 1949 

(7 U.S.C. 1431(b)); 

‘‘(iii) the Food for Progress Act of 1985 (7 U.S.C. 

1736o); and 


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132 STAT. 4606 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(iv) the McGovern-Dole International Food for 

Education and Child Nutrition Program established 

by section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1). 

‘‘(D) An assessment of the progress made through programs under this Act towards reducing food insecurity 

in the populations receiving food assistance from the United 

States. 

‘‘(E) A description of efforts undertaken by the Food 

Aid Consultative Group under section 205 to achieve an 

integrated and effective food assistance program. 

‘‘(F) An assessment of— 

‘‘(i) each program oversight, monitoring, and 

evaluation system implemented under section 207(f); 

and 

‘‘(ii) the impact of each program oversight, monitoring, and evaluation system on the effectiveness and 

efficiency of assistance provided under this title. 

‘‘(G) An assessment of the progress made by the 

Administrator in addressing issues relating to quality with 

respect to the provision of food assistance. 

‘‘(H) A statement of the amount of funds (including 

funds for administrative costs, indirect cost recovery, 

internal transportation, storage and handling, and associated distribution costs) provided to each eligible organization that received assistance under this Act, that further 

describes the following: 

‘‘(i) How such funds were used by the eligible 

organization. 

‘‘(ii) The actual rate of return for each commodity 

made available under this Act, including factors that 

influenced the rate of return, and, for the commodity, 

the costs of bagging or further processing, ocean 

transportation, inland transportation in the recipient 

country, storage costs, and any other information that 

the Administrator and the Secretary determine to be 

necessary. 

‘‘(iii) For each instance in which a commodity was 

made available under this Act at a rate of return 

less than 70 percent, the reasons for the rate of return 

realized. 

‘‘(I) For funds expended for purposes of section 202(e), 

406(b)(6), and 407(c)(1)(B), a detailed accounting of the 

expenditures and purposes of such expenditures with 

respect to each such section. 

‘‘(3) RATE OF RETURN DESCRIBED.—For purposes of applying 

subparagraph (H) of paragraph (2), the rate of return for a 

commodity shall be equal to the proportion that— 

‘‘(A) the proceeds the implementing partners generate 

through monetization; bears to 

‘‘(B) the cost to the Federal Government to procure 

and ship the commodity to a recipient country for monetization.’’. 

(b) CONFORMING REPEAL.—Subsection (m) of section 403 of 

the Food for Peace Act (7 U.S.C. 1733) is repealed. 


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SEC. 3113. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO 

PROVIDE OTHER ASSISTANCE. 

Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is 

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

SEC. 3114. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE. 

Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) 

is amended to read as follows: 

‘‘(e) MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.— 

‘‘(1) IN GENERAL.—For each of fiscal years 2019 through 

2023, not less than $365,000,000 of the amounts made available 

to carry out emergency and nonemergency food assistance programs under title II, nor more than 30 percent of such amounts, 

shall be expended for nonemergency food assistance programs 

under such title. 

‘‘(2) COMMUNITY DEVELOPMENT FUNDS.—Funds appropriated each year to carry out part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2151 et seq.) that are made available 

through grants or cooperative agreements to strengthen food 

security in developing countries and that are consistent with 

section 202(e)(1)(C) may be considered amounts expended for 

nonemergency food assistance programs for purposes of paragraph (1). 

‘‘(3) FARMER-TO-FARMER PROGRAM.—In determining the 

amount expended for a fiscal year for nonemergency food assistance programs under paragraph (1), amounts expended for 

that year to carry out programs under section 501 may be 

considered amounts expended for nonemergency food assistance 

programs.’’. 

SEC. 3115. TERMINATION DATE FOR MICRONUTRIENT FORTIFICATION 

PROGRAMS. 

Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g– 

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

SEC. 3116. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TOFARMER PROGRAM. 

Section 501 of the Food for Peace Act (7 U.S.C. 1737) is 

amended— 

(1) in subsection (b)— 

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

‘‘section 1342 of title 31, United States Code, or’’ after 

‘‘Notwithstanding’’; 

(B) in paragraph (1) by inserting ‘‘technical’’ before 

‘‘assistance’’; and 

(C) in paragraph (2)— 

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

inserting ‘‘employees or staff of a State cooperative 

institution (as such term is defined in paragraph 18 

of section 1404 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103), except that subparagraphs (E), (F), and (G) of 

such paragraph shall not apply),’’ after ‘‘private corporations,’’; and 

(ii) in subparagraph (A)— 

(I) by striking ‘‘; and’’ at the end of clause 

(viii); and 


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132 STAT. 4608 PUBLIC LAW 115–334—DEC. 20, 2018 

(II) by striking clause (ix) and inserting the 

following: 

‘‘(ix) agricultural education and extension; 

‘‘(x) selection of seed varieties and plant stocks; 

‘‘(xi) knowledge of insecticide and sanitation procedures to prevent crop destruction; 

‘‘(xii) use and maintenance of agricultural equipment and irrigation systems; and 

‘‘(xiii) selection of fertilizers and methods of soils 

treatment; and’’; 

(2) in subsection (d), in the matter preceding paragraph 

(1), by striking ‘‘2018’’ and inserting ‘‘2023’’; 

(3) in subsection (e)(1), in the matter preceding subparagraph (A), by striking ‘‘2018’’ and inserting ‘‘2023’’; and 

(4) by adding at the end the following: 

‘‘(f) GRANT PROGRAM TO CREATE NEW PARTNERS AND INNOVATION.— 

‘‘(1) IN GENERAL.—The Administrator of the Agency for 

International Development shall develop a grant program to 

be carried out in fiscal years 2019 through 2023 to facilitate 

new and innovative partnerships and activities under this title. 

‘‘(2) USE OF FUNDS.—A grant recipient under this subsection shall use funds received under this subsection to— 

‘‘(A) prioritize new implementing partners; 

‘‘(B) develop innovative volunteer models; 

‘‘(C) develop, improve, or maintain strategic partnerships with other United States development programs; and 

‘‘(D) expand the footprint and impact of the programs 

and activities under this title, and diversity among program 

participants, including land-grant colleges and universities 

and cooperative extension services (as such terms are 

defined in section 1404 of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3103)).’’. 

Subtitle B—Agricultural Trade Act of 1978 

SEC. 3201. AGRICULTURAL TRADE PROMOTION AND FACILITATION. 

(a) IN GENERAL.—Section 203 of the Agricultural Trade Act 

of 1978 (7 U.S.C. 5623) is amended to read as follows: 

‘‘SEC. 203. AGRICULTURAL TRADE PROMOTION AND FACILITATION. 

‘‘(a) ESTABLISHMENT.—The Secretary shall carry out activities 

under this section— 

‘‘(1) to access, develop, maintain, and expand markets for 

United States agricultural commodities; and 

‘‘(2) to promote cooperation and the exchange of information. 

‘‘(b) MARKET ACCESS PROGRAM.— 

‘‘(1) DEFINITION OF ELIGIBLE TRADE ORGANIZATION.—In this 

subsection, the term ‘eligible trade organization’ means— 

‘‘(A) a United States agricultural trade organization 

or regional State-related organization that promotes the 

export and sale of United States agricultural commodities 

and that does not stand to profit directly from specific 

sales of United States agricultural commodities; 


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‘‘(B) a cooperative organization or State agency that 

promotes the sale of United States agricultural commodities; or 

‘‘(C) a private organization that promotes the export 

and sale of United States agricultural commodities if the 

Secretary determines that such organization would significantly contribute to United States export market development. 

‘‘(2) IN GENERAL.—The Commodity Credit Corporation shall 

establish and carry out a program, to be known as the ‘Market 

Access Program’, to encourage the development, maintenance, 

and expansion of commercial export markets for United States 

agricultural commodities (including commodities that are 

organically produced (as defined in section 2103 of the Organic 

Foods Production Act of 1990 (7 U.S.C. 6502))) through costshare assistance to eligible trade organizations that implement 

a foreign market development program. 

‘‘(3) PARTICIPATION REQUIREMENTS.— 

‘‘(A) MARKETING PLAN AND OTHER REQUIREMENTS.— 

To be eligible for cost-share assistance under this subsection, an eligible trade organization shall— 

‘‘(i) prepare and submit a marketing plan to the 

Secretary that meets the guidelines governing such 

a marketing plan specified in this paragraph or otherwise established by the Secretary; 

‘‘(ii) meet any other requirements established by 

the Secretary; and 

‘‘(iii) enter into an agreement with the Secretary. 

‘‘(B) PURPOSE OF MARKETING PLAN.—A marketing plan 

submitted under this paragraph shall describe the advertising or other market oriented export promotion activities 

to be carried out by the eligible trade organization with 

respect to which assistance under this subsection is being 

requested. 

‘‘(C) SPECIFIC ELEMENTS.—To be approved by the Secretary, a marketing plan submitted under this paragraph 

shall— 

‘‘(i) specifically describe the manner in which 

assistance received by the eligible trade organization, 

in conjunction with funds and services provided by 

the eligible trade organization, will be expended in 

implementing the marketing plan; 

‘‘(ii) establish specific market goals to be achieved 

under the marketing plan; and 

‘‘(iii) contain whatever additional requirements are 

determined by the Secretary to be necessary. 

‘‘(D) BRANDED PROMOTION.—A marketing plan 

approved by the Secretary may provide for the use of 

branded advertising to promote the sale of United States 

agricultural commodities in a foreign country under such 

terms and conditions as may be established by the Secretary. 

‘‘(E) AMENDMENTS.—An approved marketing plan may 

be amended by the eligible trade organization at any time, 

subject to the approval of the amendment by the Secretary. 

‘‘(4) LEVEL OF ASSISTANCE AND COST-SHARE REQUIRE- MENTS.— 


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‘‘(A) IN GENERAL.—The Secretary shall justify in 

writing the level of assistance to be provided to an eligible 

trade organization under this subsection and the level of 

cost sharing required of the organization. 

‘‘(B) LIMITATION ON BRANDED PROMOTION.—Assistance 

provided under this subsection for activities described in 

paragraph (3)(D) shall not exceed 50 percent of the cost 

of implementing the marketing plan, except that the Secretary may determine not to apply such limitation in the 

case of United States agricultural commodities with respect 

to which there has been a favorable decision by the United 

States Trade Representative under section 301 of the Trade 

Act of 1974 (19 U.S.C. 2411). Criteria used by the Secretary 

for determining that the limitation shall not apply shall 

be consistent and documented. 

‘‘(5) OTHER TERMS AND CONDITIONS.— 

‘‘(A) MULTIYEAR BASIS.—The Secretary may provide 

assistance under this subsection on a multiyear basis, subject to annual review by the Secretary for compliance with 

the approved marketing plan. 

‘‘(B) TERMINATION OF ASSISTANCE.—The Secretary may 

terminate any assistance made, or to be made, available 

under this subsection if the Secretary determines that— 

‘‘(i) the eligible trade organization is not adhering 

to the terms and conditions applicable to the provision 

of the assistance; 

‘‘(ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan; 

‘‘(iii) the eligible trade organization is not adequately contributing its own resources to the 

implementation of the plan; or 

‘‘(iv) the Secretary determines that termination 

of assistance in a particular instance is in the best 

interests of the Market Access Program. 

‘‘(C) EVALUATIONS.—Beginning not later than 15 

months after the initial provision of assistance under this 

subsection to an eligible trade organization, the Secretary 

shall monitor the expenditures by the eligible trade 

organization of such assistance, including the following: 

‘‘(i) An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities. 

‘‘(ii) An evaluation of whether assistance provided 

under this subsection is necessary to maintain such 

markets. 

‘‘(iii) A thorough accounting of the expenditure 

by the eligible trade organization of the assistance 

provided under this subsection. 

‘‘(6) RESTRICTIONS ON USE OF FUNDS.—Assistance provided 

under this subsection to an eligible trade organization may 

not be used— 

‘‘(A) to provide direct assistance to any foreign forprofit corporation for the corporation’s use in promoting 

foreign-produced products; or 


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‘‘(B) to provide direct assistance to any for-profit corporation that is not recognized as a small business concern 

(as described in section 3(a) of the Small Business Act 

(15 U.S.C. 632(a))), excluding— 

‘‘(i) a cooperative; 

‘‘(ii) an association described in the first section 

of the Act entitled ‘An Act To authorize association 

of producers of agricultural products’, approved February 18, 1922 (7 U.S.C. 291); or 

‘‘(iii) a nonprofit trade association. 

‘‘(7) PERMISSIVE USE OF FUNDS.—Assistance provided under 

this subsection to a United States agricultural trade association, 

cooperative, or small business may be used for individual 

branded promotional activity related to a United States branded 

product, if the beneficiaries of the activity have provided funds 

for the activity in an amount that is at least equivalent to 

the amount of such assistance. 

‘‘(8) PRIORITY.—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities. 

‘‘(9) CONTRIBUTION LEVEL.— 

‘‘(A) IN GENERAL.—The Secretary should require a minimum contribution level of 10 percent from an eligible 

trade organization that receives assistance for nonbranded 

promotion. 

‘‘(B) INCREASES IN CONTRIBUTION LEVEL.—The Secretary may increase the contribution level in any subsequent year that an eligible trade organization receives 

assistance for nonbranded promotion. 

‘‘(10) ADDITIONALITY.—The Secretary should require each 

participant in the Market Access Program to certify that any 

Federal funds received supplement, but do not supplant, private 

or third party participant funds or other contributions to Program activities. 

‘‘(11) INDEPENDENT AUDITS.—If as a result of an evaluation 

or audit of activities of a participant under the Market Access 

Program, the Secretary determines that a further review is 

justified in order to ensure compliance with the requirements 

of the Program, the Secretary should require the participant 

to contract for an independent audit of the Program activities, 

including activities of any subcontractor. 

‘‘(12) TOBACCO.—No funds made available under the 

Market Access Program may be used for activities to develop, 

maintain, or expand foreign markets for tobacco. 

‘‘(c) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.— 

‘‘(1) DEFINITION OF ELIGIBLE TRADE ORGANIZATION.—In this 

subsection, the term ‘eligible trade organization’ means a 

United States trade organization that— 

‘‘(A) promotes the export of 1 or more United States 

agricultural commodities; and 

‘‘(B) does not have a business interest in or receive 

remuneration from specific sales of agricultural commodities. 

‘‘(2) ESTABLISHMENT.—The Secretary shall establish and, 

in cooperation with eligible trade organizations, carry out a 

program to be known as the ‘Foreign Market Development 


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132 STAT. 4612 PUBLIC LAW 115–334—DEC. 20, 2018 

Cooperator Program’ to maintain and develop foreign markets 

for United States agricultural commodities. 

‘‘(3) USE OF FUNDS.—Funds made available to carry out 

this subsection shall be used only to provide— 

‘‘(A) cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade 

organization; and 

‘‘(B) assistance for other costs that are appropriate 

to carry out the Foreign Market Development Cooperator 

Program, including contingent liabilities that are not otherwise funded. 

‘‘(d) E (KIKA) DE LA GARZA EMERGING MARKETS PROGRAM.— ‘‘(1) DEFINITION OF EMERGING MARKET.—In this subsection, 

the term ‘emerging market’ means any country, foreign territory, customs union, or other economic market that the Secretary determines— 

‘‘(A) is taking steps toward a market-oriented economy 

through the food, agriculture, or rural business sectors 

of its economy; and 

‘‘(B) has the potential to provide a viable and significant market for United States agricultural commodities. 

‘‘(2) ESTABLISHMENT.—The Secretary shall establish and 

carry out a program, to be known as the ‘E (Kika) de la 

Garza Emerging Markets Program’— 

‘‘(A) to develop agricultural markets in emerging markets; and 

‘‘(B) to promote cooperation and exchange of information between agricultural institutions and agribusinesses 

in the United States and emerging markets. 

‘‘(3) DEVELOPMENT OF AGRICULTURAL SYSTEMS.— 

‘‘(A) IN GENERAL.— 

‘‘(i) IMPLEMENTATION.—To develop, maintain, or 

expand markets for exports of United States agricultural commodities, the Secretary shall make available 

to emerging markets the expertise of the United 

States— 

‘‘(I) to make assessments of food and rural 

business systems needs; 

‘‘(II) to make recommendations on measures 

necessary to enhance the effectiveness of the food 

and rural business systems described in subclause 

(I), including potential reductions in trade barriers; 

and 

‘‘(III) to identify and carry out specific 

opportunities and projects to enhance the effectiveness of the food and rural business systems 

described in subclause (I). 

‘‘(ii) EXTENT OF PROGRAM.—The Secretary shall 

implement this subparagraph with respect to at least 

3 emerging markets in each fiscal year. 

‘‘(B) EXPERTS FROM THE UNITED STATES.—The Secretary may implement subparagraph (A) by providing— 

‘‘(i) assistance to teams (consisting primarily of 

agricultural consultants, agricultural producers, other 

persons from the private sector, and government officials expert in assessing the food and rural business 

systems of other countries) to enable those teams to 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4613 

conduct the assessments, make the recommendations, 

and identify the opportunities and projects described 

in subparagraph (A)(i) in emerging markets; 

‘‘(ii) for necessary subsistence and transportation 

expenses of— 

‘‘(I) United States food and rural business 

system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States 

food and rural business system experts to assist 

in transferring knowledge and expertise to entities 

from emerging markets; and 

‘‘(II) individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance 

food and rural business systems of such emerging 

markets and to transfer knowledge and expertise 

to such emerging markets. 

‘‘(C) COST-SHARING.—The Secretary shall encourage the 

nongovernmental experts described in subparagraph (B) 

to share the costs of, and otherwise assist in, the participation of those experts in the E (Kika) de la Garza Emerging 

Markets Program. 

‘‘(D) TECHNICAL ASSISTANCE.—The Secretary is authorized to provide, or pay the necessary costs for, technical 

assistance (including the establishment of extension services) to enable individuals or other entities to carry out 

recommendations, projects, and opportunities in emerging 

markets, including recommendations, projects, and 

opportunities described in subclauses (II) and (III) of 

subparagraph (A)(i). 

‘‘(E) REPORTS TO SECRETARY.—A team that receives 

assistance under subparagraph (B)(i) shall prepare and 

submit to the Secretary such reports as the Secretary may 

require. 

‘‘(F) ADVISORY COMMITTEE.—To provide the Secretary 

with information that may be useful to the Secretary in 

carrying out this subsection, the Secretary may establish 

an advisory committee composed of representatives of the 

various sectors of the food and rural business systems 

of the United States. 

‘‘(G) EFFECT.—The authority provided under this subsection shall be in addition to and not in place of any 

other authority of the Secretary or the Commodity Credit 

Corporation. 

‘‘(e) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.— 

‘‘(1) ESTABLISHMENT.—The Secretary of Agriculture shall 

establish an export assistance program, in this subsection 

referred to as the ‘program’, to address existing or potential 

unique barriers that prohibit or threaten the export of United 

States specialty crops. 

‘‘(2) PURPOSE.—The program shall provide direct assistance 

through public and private sector projects and technical assistance, including through the program under section 2(e) of the 

Competitive, Special, and Facilities Research Grant Act (7 

U.S.C. 3157(e)), to remove, resolve, or mitigate existing or 


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132 STAT. 4614 PUBLIC LAW 115–334—DEC. 20, 2018 

potential sanitary, phytosanitary, and technical barriers to 

trade. 

‘‘(3) PRIORITY.—The program shall address time sensitive 

and strategic market access projects based on— 

‘‘(A) trade effect on market retention, market access, 

and market expansion; and 

‘‘(B) trade impact. 

‘‘(4) MULTIYEAR PROJECTS.—The Secretary may provide 

assistance under the program to a project for longer than 

a 5-year period if the Secretary determines that further assistance would effectively support the purpose described in paragraph (2). 

‘‘(5) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary 

shall— 

‘‘(A) conduct outreach to inform eligible organizations 

of the requirements of the program and the process by 

which such organizations may submit proposals for 

funding; 

‘‘(B) provide technical assistance to eligible organizations to assist in developing proposals and complying with 

the requirements of the program; and 

‘‘(C) solicit input from eligible organizations on 

improvements to streamline and facilitate the provision 

of assistance under this subsection. 

‘‘(6) REGULATIONS AND PROCEDURES.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of the Agriculture Improvement Act 

of 2018, the Secretary shall review program regulations, 

procedures, and guidelines for assistance under this subsection and make revisions to streamline, improve, and 

clarify the application, approval and compliance processes 

for such assistance, including revisions to implement the 

requirements of paragraph (5). 

‘‘(B) CONSIDERATIONS.—In reviewing and making revisions under subparagraph (A), the Secretary shall consider— 

‘‘(i) establishing accountability standards that are 

appropriate for the size and scope of a project; and 

‘‘(ii) establishing streamlined application and 

approval processes, including for smaller-scale projects 

or projects to address time-sensitive trade barriers. 

‘‘(7) ANNUAL REPORT.—Each year, the Secretary shall 

submit to the appropriate committees of Congress a report 

that contains, for the period covered by the report, a description 

of— 

‘‘(A) each factor that affects the export of specialty 

crops, including each factor relating to any— 

‘‘(i) significant sanitary or phytosanitary issue; 

‘‘(ii) trade barrier; or 

‘‘(iii) emerging sanitary or phytosanitary issue or 

trade barrier; and 

‘‘(B)(i) any funds provided under subsection (f)(3)(A)(iv) 

that were not obligated in a fiscal year; and 

‘‘(ii) the reason such funds were not obligated. 

‘‘(f) FUNDING AND ADMINISTRATION.— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4615 

‘‘(1) COMMODITY CREDIT CORPORATION.—The Secretary shall 

use the funds, facilities, and authorities of the Commodity 

Credit Corporation to carry out this section. 

‘‘(2) FUNDING AMOUNT.—For each of fiscal years 2019 

through 2023, of the funds of, or an equal value of commodities 

owned by, the Commodity Credit Corporation, the Secretary 

shall use to carry out this section $255,000,000, to remain 

available until expended. 

‘‘(3) ALLOCATION.— ‘‘(A) IN GENERAL.—For each of fiscal years 2019 

through 2023, the Secretary shall allocate funds to carry 

out this section in accordance with the following: 

‘‘(i) MARKET ACCESS PROGRAM.—For market access 

activities authorized under subsection (b), of the funds 

of, or an equal value of commodities owned by, the 

Commodity Credit Corporation, not less than 

$200,000,000 for each fiscal year. 

‘‘(ii) FOREIGN MARKET DEVELOPMENT COOPERATOR

PROGRAM.—To carry out subsection (c), of the funds 

of, or an equal value of commodities owned by, the 

Commodity Credit Corporation, not less than 

$34,500,000 for each fiscal year. 

‘‘(iii) E (KIKA) DE LA GARZA EMERGING MARKETS

PROGRAM.—To provide assistance under subsection (d), 

of the funds of, or an equal value of commodities owned 

by, the Commodity Credit Corporation, not more than 

$8,000,000 for each fiscal year. 

‘‘(iv) TECHNICAL ASSISTANCE FOR SPECIALTY

CROPS.—To carry out subsection (e), of the funds of, 

or an equal value of the commodities owned by, the 

Commodity Credit Corporation, $9,000,000 for each 

fiscal year. 

‘‘(v) PRIORITY TRADE FUND.— 

‘‘(I) IN GENERAL.—In addition to the amounts 

allocated under clauses (i) through (iv), and notwithstanding any limitations in those clauses, as 

determined by the Secretary, for 1 or more programs under this section for authorized activities 

to access, develop, maintain, and expand markets 

for United States agricultural commodities, 

$3,500,000 for each fiscal year. 

‘‘(II) CONSIDERATIONS.—In allocating funds 

made available under subclause (I), the Secretary 

may consider providing a greater allocation to 1 

or more programs under this section for which 

the amounts requested under applications exceed 

available funding for the 1 or more programs. 

‘‘(B) REALLOCATION.—Any funds allocated under 

clauses (i) through (iv) of subparagraph (A) that remain 

unobligated one year after the end of the fiscal year in 

which they are first made available shall be reallocated 

to the priority trade fund under subparagraph (A)(v). To 

the maximum extent practicable, the Secretary shall allocate such reallocated funds to support exports of those 

types of United States agricultural commodities eligible 

for assistance under the program for which the funds were 

originally allocated under subparagraph (A). 


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132 STAT. 4616 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(4) CUBA.—Notwithstanding section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 

7207) or any other provision of law, funds made available 

under this section may be used to carry out the programs 

authorized under subsections (b) and (c) in Cuba. Funds may 

not be used as described in the previous sentence in contravention with directives set forth under the National Security Presidential Memorandum entitled ‘Strengthening the Policy of the 

United States Toward Cuba’ issued by the President on June 

16, 2017, during the period in which that memorandum is 

in effect. 

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

any other amounts provided under this subsection, there are 

authorized to be appropriated such sums as are necessary to 

carry out the programs and authorities under paragraph 

(3)(A)(v) and subsections (b) through (e).’’. 

(b) CONFORMING AMENDMENTS.— 

(1) MARKET ACCESS PROGRAM.— 

(A) Section 211 of the Agricultural Trade Act of 1978 

(7 U.S.C. 5641) is amended by striking subsection (c). 

(B) Section 402(a)(1) of the Agricultural Trade Act 

of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking ‘‘203’’ 

and inserting ‘‘203(b)’’. 

(C) Section 282(f)(2)(C) of the Agricultural Marketing 

Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking 

‘‘section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 

5623)’’ and inserting ‘‘section 203(b) of the Agricultural 

Trade Act of 1978 (7 U.S.C. 5623(b))’’. 

(D) Section 718 of the Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies 

Appropriations Act, 1999 (7 U.S.C. 5623 note; Public Law 

105–277) is amended by striking ‘‘section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)’’ and inserting 

‘‘section 203(b) of the Agricultural Trade Act of 1978 (7 

U.S.C. 5623(b)’’. 

(E) Section 1302 of the Omnibus Budget Reconciliation 

Act of 1993 is repealed. 

(2) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.—Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 

5721 et seq.) is repealed. 

(3) E (KIKA) DE LA GARZA EMERGING MARKETS PROGRAM.— 

(A) Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C 5622 note; Public 

Law 101–624) is amended— 

(i) by striking subsection (d); 

(ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and 

(iii) in subsection (e) (as so redesignated)— 

(I) in the matter preceding paragraph (1), by 

striking ‘‘country’’ and inserting ‘‘country, foreign 

territory, customs union, or other economic 

market’’; and 

(II) in paragraph (1), by striking ‘‘the economy 

of the country’’ and inserting ‘‘its economy’’. 

(B) Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) 

7 USC 

5721–5723. 

7 USC 5623 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4617 

is amended by striking ‘‘section 1542(f)’’ and inserting ‘‘section 1542(e)’’. 

(C) Section 1543A(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is 

amended by inserting ‘‘and section 203(d) of the Agricultural Trade Act of 1978’’ after ‘‘section 1542’’. 

(4) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.—Section 

3205 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 5680) is repealed. 

Subtitle C—Other Agricultural Trade Laws 

SEC. 3301. GROWING AMERICAN FOOD EXPORTS. 

Section 1543A of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5679) is amended— 

(1) in subsection (b)(1)(A), by inserting ‘‘or new agricultural 

production technologies’’ after ‘‘biotechnology’’; and 

(2) in subsection (d), by striking ‘‘$6,000,000’’ and all that 

follows through the period at the end and inserting ‘‘$2,000,000 

for each of fiscal years 2019 through 2023.’’. 

SEC. 3302. FOOD FOR PROGRESS ACT OF 1985. 

Section 1110 of the Food Security Act of 1985 (also known 

as the Food for Progress Act of 1985 (7 U.S.C. 1736o)) is amended— 

(1) by striking ‘‘President’’ each place it appears and 

inserting ‘‘Secretary’’; 

(2) in subsection (b)— 

(A) in paragraph (5)— 

(i) by striking ‘‘and’’ at the end of subparagraph 

(E); 

(ii) by redesignating subparagraph (F) as subparagraph (G); and 

(iii) by inserting after subparagraph (E) the following new subparagraph: 

‘‘(F) a college or university (as such terms are defined 

in section 1404(4) of the Food and Agriculture Act of 1977 

(7 U.S.C. 3103(4)); and’’; and 

(B) by adding at the end the following new paragraphs: 

‘‘(10) RATE OF RETURN.—For purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall 

be equal to the proportion that— 

‘‘(A) the proceeds eligible entities generate through 

monetization of such commodity, bears to 

‘‘(B) the cost to the Federal Government to procure 

and ship the commodity to the country where it is monetized. 

‘‘(11) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.’’; 

(3) in subsection (f)(3), by striking ‘‘2018’’ and inserting 

‘‘2023’’; 

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

‘‘2023’’; 

(5) in subsection (j)(3)— 

(A) by striking ‘‘December 1’’ and inserting ‘‘April 1’’; 

(B) by striking ‘‘of the Senate a list of programs’’ and 

inserting ‘‘of the Senate— 


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132 STAT. 4618 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) a list of programs’’; 

(C) by striking ‘‘approved to date for the fiscal year’’ 

and inserting ‘‘approved during the prior fiscal year’’; 

(D) by striking the period at the end and inserting 

a semicolon; and 

(E) by adding at the end the following new subparagraphs: 

‘‘(B) a description of the actual rate of return for each 

commodity made available under this section for the previous fiscal year including— 

‘‘(i) factors that influenced the rate of return; and 

‘‘(ii) with respect to the commodity, the costs of 

bagging or further processing, ocean transportation, 

inland transportation, storage costs, and any other 

information that the Secretary determines to be necessary; and 

‘‘(C) for each instance in which a commodity was made 

available under this section at a rate of return less than 

70 percent, an explanation for the rate of return realized.’’. 

(6) in subsection (k), by striking ‘‘2018’’ and inserting 

‘‘2023’’; 

(7) in subsection (l)(1), by striking ‘‘2018’’ and inserting 

‘‘2023’’; 

(8) in the heading of subsection (m), by striking ‘‘PRESIDENTIAL’’ and inserting ‘‘SECRETARIAL’’; 

(9) in subsection (o), by striking ‘‘(acting through the Secretary)’’; 

(10) in subsection (o)(1), by striking ‘‘subparagraphs (C) 

and (F)’’ and inserting ‘‘subparagraphs (C) and (G)’’; and 

(11) by adding at the end the following new subsection:. 

‘‘(p) PILOT AGREEMENTS.— 

‘‘(1) IN GENERAL.—For each of fiscal years 2019 through 

2023, subject to the availability of appropriations pursuant 

to the authorization in paragraph (3), the Secretary shall enter 

into 1 or more pilot agreements with 1 or more eligible entities 

through which the Secretary shall provide financial assistance 

to the eligible entities to carry out activities consistent with 

subsection (l)(4)(A). 

‘‘(2) REPORT REQUIRED.—In each of fiscal years 2020 

through 2024, the Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and Committee 

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

describing, with respect to the previous fiscal year— 

‘‘(A) the amount provided to eligible entities under 

each pilot agreement pursuant to paragraph (1) and how 

the funds were used; 

‘‘(B) the activities carried out under each pilot agreement; 

‘‘(C) the number of direct and indirect beneficiaries 

of those activities; and 

‘‘(D) the effectiveness of the pilot agreements, including 

as applicable the impact on food security and agricultural 

productivity. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out pilot agreements pursuant 

to this subsection $10,000,000 for each of fiscal years 2019 

through 2023.’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4619 

SEC. 3303. BILL EMERSON HUMANITARIAN TRUST ACT. 

Section 302 of the Bill Emerson Humanitarian Trust Act (7 

U.S.C. 1736f–1) is amended— 

(1) in subsection (b)(2)(B)(i), by striking ‘‘2018’’ each place 

it appears and inserting ‘‘2023’’; and 

(2) in subsection (h), by striking ‘‘2018’’ each place it 

appears and inserting ‘‘2023’’. 

SEC. 3304. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING 

MARKETS. 

Section 1542(a) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is 

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

SEC. 3305. COCHRAN FELLOWSHIP PROGRAM. 

Section 1543 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 3293) is amended— 

(1) in subsection (a), by striking ‘‘for study in the United 

States.’’ and inserting the following: ‘‘for study— 

‘‘(1) in the United States; or 

‘‘(2) at a college or university located in an eligible country 

that the Secretary determines— 

‘‘(A) has sufficient scientific and technical facilities; 

‘‘(B) has established a partnership with at least one 

college or university in the United States; and 

‘‘(C) has substantial participation by faculty members 

of the United States college or university in the design 

of the fellowship curriculum and classroom instruction 

under the fellowship.’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘(which may include 

agricultural extension services)’’ after ‘‘systems’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘enhance trade’’ and inserting the 

following: ‘‘enhance— 

‘‘(A) trade’’; 

(ii) in subparagraph (A) (as so designated) by 

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

and 

(iii) by adding at the end the following: 

‘‘(B) linkages between agricultural interests in the 

United States and regulatory systems governing sanitary 

and phytosanitary standards for agricultural products 

that— 

‘‘(i) may enter the United States; and 

‘‘(ii) may pose risks to human, animal, or plant 

life or health.’’; and 

(3) in subsection (f)— 

(A) in paragraph (1), by striking ‘‘$3,000,000’’ and 

inserting ‘‘$4,000,000’’; 

(B) in paragraph (2), by striking ‘‘$2,000,000’’ and 

inserting ‘‘$3,000,000’’; and 

(C) in paragraph (3), by striking ‘‘$5,000,000’’ and 

inserting ‘‘$6,000,000’’. 


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132 STAT. 4620 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 3306. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND 

TECHNOLOGY FELLOWSHIP PROGRAM. 

Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended— 

(1) in subsection (c)(2)— 

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

striking ‘‘shall support’’ and inserting ‘‘support’’; 

(B) in subparagraph (C), by striking ‘‘and’’ at the end; 

(C) in subparagraph (D), by striking the period at 

the end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(E) the development of agricultural extension services 

in eligible countries.’’; and 

(2) in subsection (f)— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(B) by adding at the end the following: 

‘‘(2) LEVERAGING ALUMNI ENGAGEMENT.—In carrying out 

the purposes and programs under this section, the Secretary 

shall encourage ongoing engagement with fellowship recipients 

who have completed training under the program to provide 

advice regarding, and participate in, new or ongoing agricultural development projects, with a priority for capacity-building 

projects.’’. 

SEC. 3307. INTERNATIONAL AGRICULTURAL EDUCATION FELLOWSHIP 

PROGRAM. 

(a) FELLOWSHIP PROGRAM ESTABLISHMENT.—The Secretary 

shall establish a fellowship program to be known as the International Agricultural Education Fellowship Program to provide 

fellowships to citizens of the United States to assist eligible countries in developing school-based agricultural education and youth 

extension programs. 

(b) ELIGIBLE COUNTRY DESCRIBED.—For purposes of this section, an eligible country is a developing country, as determined 

by the Secretary using a gross national income per capita test 

selected by the Secretary. 

(c) PURPOSE OF FELLOWSHIPS.—The goals of providing a fellowship under this section are to— 

(1) develop globally minded United States agriculturists 

with experience living abroad; 

(2) focus on meeting the food and fiber needs of the domestic 

population of eligible countries; and 

(3) strengthen and enhance trade linkages between eligible 

countries and the United States agricultural industry. 

(d) ELIGIBLE CANDIDATES.—The Secretary may provide fellowships to citizens of the United States who— 

(1) hold at least a bachelors degree in an agricultural 

related field of study; and 

(2) have an understanding of United States school-based 

agricultural education and youth extension programs, as determined by the Secretary. 

(e) CANDIDATE IDENTIFICATION.—The Secretary shall consult 

with the National FFA Organization, the National 4–H Council, 

and other entities as the Secretary determines are appropriate 

to identify candidates for fellowships. 

7 USC 3295. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4621 

(f) PROGRAM IMPLEMENTATION.—The Secretary shall provide 

for the management, coordination, evaluation, and monitoring of 

the Fellowship Program, except that the Secretary may contract 

out the management of the fellowship program to an outside 

organization with experience in implementing fellowship programs 

focused on building capacity for school-based agricultural education 

and youth extension programs in developing countries. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There are authorized to be appropriated 

$5,000,000 to carry out this section for each of fiscal years 

2019 through 2023. 

(2) DURATION.—Any funds made available under this subsection shall remain available until expended. 

SEC. 3308. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE. 

The Food, Agriculture, Conservation, and Trade Act of 1990 

is amended by inserting after section 1543A (7 U.S.C. 5679) the 

following: 

‘‘SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE. 

‘‘(a) DEFINITION OF INTERNATIONAL FOOD SECURITY.—In this 

section, the term ‘international food security’ means access by any 

person at any time to food and nutrition that is sufficient for 

a healthy and productive life. 

‘‘(b) COLLECTION OF INFORMATION.—The Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall compile 

information from appropriate mission areas of the Department of 

Agriculture (including the Food, Nutrition, and Consumer Services 

mission area) relating to the improvement of international food 

security. 

‘‘(c) PUBLIC AVAILABILITY.—To benefit programs for the 

improvement of international food security, the Secretary shall 

organize the information described in subsection (b) and make 

the information available in a format suitable for— 

‘‘(1) public education; and 

‘‘(2) use by— 

‘‘(A) a Federal, State, or local agency; 

‘‘(B) an agency or instrumentality of the government 

of a foreign country; 

‘‘(C) a domestic or international organization, including 

a domestic or international nongovernmental organization; 

and 

‘‘(D) an intergovernmental organization. 

‘‘(d) TECHNICAL ASSISTANCE.—On request by an entity described 

in subsection (c)(2), the Secretary may provide technical assistance 

to the entity to implement a program for the improvement of 

international food security. 

‘‘(e) PROGRAM PRIORITY.—In carrying out this section, the Secretary shall give priority to programs relating to the development 

of food and nutrition safety net systems with a focus on food 

insecure countries. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $1,000,000 for each 

of fiscal years 2019 through 2023.’’. 

7 USC 1736dd. 


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132 STAT. 4622 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 3309. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION 

AND CHILD NUTRITION PROGRAM. 

Section 3107 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 1736o–1) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘that is’’ and inserting the following: 

‘‘that— 

‘‘(1) is’’; 

(B) in paragraph (1) (as so designated), by striking 

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

(C) by adding at the end the following: 

‘‘(2)(A) is produced in and procured from— 

‘‘(i) a developing country that is a recipient country; 

or 

‘‘(ii) a developing country in the same region as a 

recipient country; and 

‘‘(B) at a minimum, meets each nutritional, quality, and 

labeling standard of the recipient country, as determined by 

the Secretary.’’; 

(2) in subsection (c)(2)(A)— 

(A) in clause (v)(IV), by striking ‘‘and’’ at the end; 

(B) by redesignating clause (vi) as clause (vii); and 

(C) by inserting after clause (v) the following: 

‘‘(vi) the costs associated with transporting the 

commodities described in subsection (a)(2) from a developing country described in subparagraph (A)(ii) of that 

subsection to any designated point of entry within 

the recipient country; and’’; 

(3) in subsection (f)(1)— 

(A) by redesignating subparagraphs (E) and (F) as 

subparagraphs (F) and (G), respectively; and 

(B) by inserting after subparagraph (D) the following: 

‘‘(E) ensure to the maximum extent practicable that 

assistance— 

‘‘(i) is provided under this section in a timely 

manner; and 

‘‘(ii) is available when needed throughout the 

applicable school year;’’; and 

(4) in subsection (l)— 

(A) in paragraph (2), by striking ‘‘2018’’ and inserting 

‘‘2023’’; and 

(B) by adding at the end the following: 

‘‘(4) PURCHASE OF COMMODITIES.—Of the funds made available to carry out this section, not more than 10 percent shall 

be used to purchase agricultural commodities described in subsection (a)(2).’’. 

SEC. 3310. GLOBAL CROP DIVERSITY TRUST. 

Section 3202 of the Food, Conservation, and Energy Act of 

2008 (22 U.S.C. 2220a note; Public Law 110–246) is amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(b) UNITED STATES CONTRIBUTION LIMIT.— 

‘‘(1) IN GENERAL.—The aggregate contributions of funds 

of the Federal Government provided to the Trust shall not 

exceed— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4623 

‘‘(A) for the period of fiscal years 2014 through 2018, 

25 percent of the total amount of funds contributed to 

the Trust from all sources; and 

‘‘(B) subject to paragraph (2), effective beginning with 

fiscal year 2019, 33 percent of the total amount of funds 

contributed to the Trust from all sources. 

‘‘(2) ANNUAL LIMITATION.—The contributions of funds of 

the Federal Government provided to the Trust shall not exceed 

$5,500,000 for each of fiscal years 2019 through 2023.’’; and 

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

‘‘2023’’. 

SEC. 3311. LOCAL AND REGIONAL FOOD AID PROCUREMENT 

PROJECTS. 

Section 3206(e)(1) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 1726c(e)(1)) is amended— 

(1) by inserting ‘‘to the Secretary’’ after ‘‘appropriated’’; 

and 

(2) by striking ‘‘2014 through 2018’’ and inserting ‘‘2019 

through 2023’’. 

SEC. 3312. FOREIGN TRADE MISSIONS. 

(a) TRIBAL REPRESENTATION ON TRADE MISSIONS.— (1) IN GENERAL.—The Secretary, in consultation with the 

Tribal Advisory Committee established under subsection (b)(2) 

of section 309 of the Federal Crop Insurance Reform and 

Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 

6921(b)(2)) (as added by section 12303(2)) (referred to in this 

section as the ‘‘Advisory Committee’’), shall seek— 

(A) to support the greater inclusion of Tribal agricultural and food products in Federal trade-related activities; 

and 

(B) to increase the collaboration between Federal trade 

promotion efforts and other Federal trade-related activities 

in support of the greater inclusion sought under subparagraph (A). 

(2) INTERDEPARTMENTAL COORDINATION.—In carrying out 

activities to increase the collaboration described in paragraph 

(1)(B), the Secretary shall coordinate with— 

(A) the Secretary of Commerce; 

(B) the Secretary of State; 

(C) the Secretary of the Interior; and 

(D) the heads of any other relevant Federal agencies. 

(b) REPORT; GOALS.— (1) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report describing 

the efforts of the Department of Agriculture and other Federal 

agencies under this section to— 

(A) the Advisory Committee; 

(B) the Committee on Agriculture of the House of Representatives; 

(C) the Committee on Energy and Commerce of the 

House of Representatives; 

(D) the Committee on Agriculture, Nutrition, and Forestry of the Senate; 

(E) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

(F) the Committee on Indian Affairs of the Senate. 

7 USC 5608. 


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132 STAT. 4624 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) GOALS.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish goals for measuring, in an objective and quantifiable format, the extent to 

which Indian Tribes and Tribal agricultural and food products 

are included in the trade-related activities of the Department 

of Agriculture. 

TITLE IV—NUTRITION 

Subtitle A—Supplemental Nutrition 

Assistance Program 

SEC. 4001. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS. 

(a) DEFINITION.—Section 3(o)(1) of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2012(o)(1)) is amended by striking ‘‘or houseto-house trade route’’ and inserting ‘‘, house-to-house trade route, 

or online entity’’. 

(b) ACCEPTANCE OF BENEFITS.—Section 7(k) of the Food and 

Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended— 

(1) by striking the heading and inserting ‘‘ACCEPTANCE

OF PROGRAM BENEFITS THROUGH ONLINE TRANSACTIONS’’, 

(2) in paragraph (4) by striking subparagraph (C), and 

(3) by striking paragraph (5). 

SEC. 4002. RE-EVALUATION OF THRIFTY FOOD PLAN. 

Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2012(u)) is amended by inserting after the 1st sentence the following: 

‘‘By 2022 and at 5-year intervals thereafter, the Secretary shall 

re-evaluate and publish the market baskets of the thrifty food 

plan based on current food prices, food composition data, consumption patterns, and dietary guidance.’’. 

SEC. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS. 

(a) IN GENERAL.—Section 4(b) of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2013(b)) is amended— 

(1) by striking paragraph (4) and inserting the following: 

‘‘(4) ADMINISTRATIVE COSTS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations 

as the Secretary determines necessary for effective administration of such distribution by a State agency or tribal 

organization. 

‘‘(B) WAIVER.—The Secretary shall waive up to 100 

percent of the non-Federal share of the costs described 

in subparagraph (A) if the Secretary determines that— 

‘‘(i) the tribal organization is financially unable 

to provide a greater non-Federal share of the costs; 

or 

‘‘(ii) providing a greater non-Federal share of the 

costs would be a substantial burden for the tribal 

organization. 

‘‘(C) LIMITATION.—The Secretary may not reduce any 

benefits or services under the food distribution program 

on Indian reservations under this subsection to any tribal 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4625 

organization that is granted a waiver under subparagraph 

(B). 

‘‘(D) TRIBAL CONTRIBUTION.—The Secretary may allow 

a tribal organization to use funds provided to the tribal 

organization through a Federal agency or other Federal 

benefit to satisfy all or part of the non-Federal share of 

the costs described in subparagraph (A) if that use is 

otherwise consistent with the purpose of the funds.’’, 

(2) in paragraph (6)— 

(A) in the heading by striking ‘‘LOCALLY-GROWN’’ and 

inserting ‘‘LOCALLY- AND REGIONALLY-GROWN’’, 

(B) in subparagraph (A) by striking ‘‘locally-grown’’ 

and inserting ‘‘locally- and regionally-grown’’, 

(C) in subparagraph (C)— 

(i) in the heading by striking ‘‘LOCALLY GROWN’’ 

and inserting ‘‘LOCALLY- AND REGIONALLY-GROWN’’, and 

(ii) by striking ‘‘locally-grown’’ and inserting 

‘‘locally- and regionally-grown’’, 

(D) by amending subparagraph (D) to read as follows: 

‘‘(D) PURCHASE OF FOODS.—In carrying out this paragraph, the Secretary shall purchase or offer to purchase 

those traditional foods that may be procured cost-effectively.’’, 

(E) by striking subparagraph (E), and 

(F) in subparagraph (F)— 

(i) by striking ‘‘(F)’’ and inserting ‘‘(E)’’, and 

(ii) by striking ‘‘2018’’ and inserting ‘‘2023’’, and 

(3) by adding at the end the following: 

‘‘(7) AVAILABILITY OF FUNDS.— 

‘‘(A) IN GENERAL.—Funds made available for a fiscal 

year to carry out this subsection shall remain available 

for obligation for a period of 2 fiscal years. 

‘‘(B) ADMINISTRATIVE COSTS.—Funds made available for 

a fiscal year to carry out paragraph (4) shall remain available for obligation by the State agency or tribal organization for a period of 2 fiscal years.’’. 

(b) DEMONSTRATION PROJECT FOR TRIBAL ORGANIZATIONS.— 

(1) DEFINITIONS.—In this subsection: 

(A) DEMONSTRATION PROJECT.—The term ‘‘demonstration project’’ means the demonstration project established 

under paragraph (2). 

(B) FOOD DISTRIBUTION PROGRAM.—The term ‘‘food distribution program’’ means the food distribution program 

on Indian reservations carried out under section 4(b) of 

the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)). 

(C) INDIAN RESERVATION.—The term ‘‘Indian reservation’’ has the meaning given the term ‘‘reservation’’ in 

section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 

2012). 

(D) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

meaning given the term in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

5304). 

(E) SELF-DETERMINATION CONTRACT.—The term ‘‘selfdetermination contract’’ has the meaning given the term 

in section 4 of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 5304). 

7 USC 2013 note. 


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132 STAT. 4626 PUBLIC LAW 115–334—DEC. 20, 2018 

(F) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ has the meaning given the term in section 3 of the 

Food and Nutrition Act of 2008 (7 U.S.C. 2012). 

(2) ESTABLISHMENT.—Subject to the availability of appropriations, the Secretary shall establish a demonstration project 

under which 1 or more tribal organizations may enter into 

self-determination contracts to purchase agricultural commodities under the food distribution program for the Indian reservation of that tribal organization. 

(3) ELIGIBILITY.— (A) CONSULTATION.—The Secretary shall consult with 

the Secretary of the Interior and Indian tribes to determine 

the process and criteria under which a tribal organization 

may participate in the demonstration project. 

(B) CRITERIA.—The Secretary shall select for participation in the demonstration project tribal organizations 

that— 

(i) are successfully administering the food distribution program of the tribal organization under section 

4(b)(2)(B) of the Food and Nutrition Act of 2008 (7 

U.S.C. 2013(b)(2)(B)), 

(ii) have the capacity to purchase agricultural 

commodities in accordance with paragraph (4) for the 

food distribution program of the tribal organization, 

and 

(iii) meet any other criteria determined by the 

Secretary, in consultation with the Secretary of the 

Interior and Indian tribes. 

(4) PROCUREMENT OF AGRICULTURAL COMMODITIES.—Any 

agricultural commodities purchased by a tribal organization 

under the demonstration project shall— 

(A) be domestically produced, 

(B) supplant, not supplement, the type of agricultural 

commodities in existing food packages for that tribal 

organization, 

(C) be of similar or higher nutritional value as the 

type of agricultural commodities that would be supplanted 

in the existing food package for that tribal organization, 

and 

(D) meet any other criteria determined by the Secretary. 

(5) REPORT.—Not later than 1 year after the date on which 

funds are appropriated under paragraph (6) and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

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

describing the activities carried out under the demonstration 

project during the preceding year. 

(6) FUNDING.— 

(A) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated to the Secretary to carry 

out this subsection $5,000,000, to remain available until 

expended. 

(B) APPROPRIATIONS IN ADVANCE.—Only funds appropriated under subparagraph (A) in advance specifically to 

carry out this subsection shall be available to carry out 

this subsection. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4627 

(c) CONFORMING AMENDMENT.—Section 3(v) of the Food and 

Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by striking 

‘‘the Indian Self-Determination Act (25 U.S.C. 450b(b))’’ and 

inserting ‘‘section 4 of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 5304)’’. 

SEC. 4004. SIMPLIFIED HOMELESS HOUSING COSTS. 

Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 

U.S.C. 2014(e)(6)(D)) is amended— 

(1) by redesignating clause (ii) as clause (iii), and 

(2) by striking clause (i) and inserting the following: 

‘‘(i) ALTERNATIVE DEDUCTION.—The State agency 

shall allow a deduction of $143 a month for households— 

‘‘(I) in which all members are homeless 

individuals; 

‘‘(II) that are not receiving free shelter 

throughout the month; and 

‘‘(III) that do not opt to claim an excess shelter 

expense deduction under subparagraph (A). 

‘‘(ii) ADJUSTMENT.—For fiscal year 2019 and each 

subsequent fiscal year the amount of the homeless 

shelter deduction specified in clause (i) shall be 

adjusted to reflect changes for the 12-month period 

ending the preceding November 30 in the Consumer 

Price Index for All Urban Consumers published by 

the Bureau of Labor Statistics of the Department of 

Labor.’’. 

SEC. 4005. EMPLOYMENT AND TRAINING FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. 

(a) EMPLOYMENT AND TRAINING PROGRAMS THAT MEET STATE

AND LOCAL WORKFORCE NEEDS.—Section 6(d)(4) of the Food and 

Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended— 

(1) in subparagraph (A)— 

(A) in clause (i)— 

(i) by inserting ‘‘, in consultation with the State 

workforce development board, or, if the State demonstrates that consultation with private employers or 

employer organizations would be more effective or efficient, in consultation with private employers or 

employer organizations,’’ after ‘‘designed by the State 

agency’’, and 

(ii) by striking ‘‘that will increase their ability 

to obtain regular employment.’’ and inserting the following: ‘‘that will— 

‘‘(I) increase the ability of the household members to obtain regular employment; and 

‘‘(II) meet State or local workforce needs.’’, 

and 

(B) in clause (ii) by inserting ‘‘and implemented to 

meet the purposes of clause (i)’’ after ‘‘under this paragraph’’, 

(2) in subparagraph (B)— 

(A) in the matter preceding clause (i), by inserting 

‘‘case management services such as comprehensive intake 


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132 STAT. 4628 PUBLIC LAW 115–334—DEC. 20, 2018 

assessments, individualized service plans, progress monitoring, or coordination with service providers and’’ after 

‘‘contains’’, 

(B) in clause (iv) by redesignating subclauses (I) and 

(II) as items (aa) and (bb), respectively, and indenting 

appropriately, 

(C) by redesignating clauses (i) through (vii) and clause 

(viii) as subclauses (I) through (VII) and subclause (IX), 

respectively, and indenting appropriately, 

(D) by striking subclause (I), as so redesignated, and 

inserting the following: 

‘‘(I) Supervised job search programs that occur 

at State-approved locations at which the activities 

of participants shall be directly supervised and 

the timing and activities of participants tracked 

in accordance with guidelines issued by the State.’’, 

(E) in subclause (II), as so redesignated, by striking 

‘‘jobs skills assessments, job finding clubs, training in techniques for’’ and inserting ‘‘employability assessments, 

training in techniques to increase’’, 

(F) in subclause (IV), as so redesignated, in the first 

sentence, by inserting ‘‘, including subsidized employment 

and apprenticeships’’ before the period at the end, 

(G) in subclause (VII), as so redesignated, by inserting 

‘‘not less than 30 days but’’ after ‘‘period of’’, 

(H) by inserting after subclause (VII), as so redesignated, the following: 

‘‘(VIII) Programs and activities under clause 

(iv) of section 16(h)(1)(F) that the Secretary determines, based on results from the independent 

evaluations conducted under clause (vii)(I) of such 

section, have the most demonstrable impact on 

the ability of participants to find and retain 

employment that leads to increased household 

income and reduced reliance on public assistance.’’, 

(I) in the matter preceding subclause (I), as so redesignated— 

(i) by striking ‘‘this subparagraph’’ and inserting 

‘‘this clause’’, and 

(ii) by striking ‘‘(B) For purposes of this Act, an’’ 

and inserting the following: 

‘‘(B) DEFINITIONS.—In this Act: 

‘‘(i) EMPLOYMENT AND TRAINING PROGRAM.—The 

term’’, and 

(J) by adding at the end the following: 

‘‘(ii) WORKFORCE PARTNERSHIP.— 

‘‘(I) IN GENERAL.—The term ‘workforce partnership’ means a program that— 

‘‘(aa) is operated by— 

‘‘(AA) a private employer, an organization representing private employers, or a 

nonprofit organization providing services 

relating to workforce development; or 

‘‘(BB) an entity identified as an 

eligible provider of training services under 

section 122(d) of the Workforce Innovation 

and Opportunity Act (29 U.S.C. 3152(d)); 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4629 

‘‘(bb) the Secretary certifies, or the State 

agency certifies to the Secretary— 

‘‘(AA) subject to subparagraph (N)(ii), 

would assist participants who are members of households participating in the 

supplemental nutrition assistance program in gaining high-quality, work-relevant skills, training, work, or experience 

that will increase the ability of the participants to obtain regular employment; 

‘‘(BB) subject to subparagraph (N)(ii), 

would provide participants with not less 

than 20 hours per week of training, work, 

or experience under subitem (AA); 

‘‘(CC) would not use any funds authorized to be appropriated by this Act; 

‘‘(DD) would provide sufficient 

information, on request by the State 

agency, for the State agency to determine 

that participants who are members of 

households participating in the supplemental nutrition assistance program are 

fulfilling any applicable work requirement 

under this subsection or subsection (o); 

‘‘(EE) would be willing to serve as 

a reference for participants who are members of households participating in the 

supplemental nutrition assistance program for future employment or workrelated programs; and 

‘‘(FF) meets any other criteria established by the Secretary, on the condition 

that the Secretary shall not establish any 

additional criteria that would impose 

significant paperwork burdens on the 

workforce partnership; and 

‘‘(cc) is in compliance with the Fair Labor 

Standards Act of 1938 (29 U.S.C. 201 et seq.), 

if applicable. 

‘‘(II) INCLUSION.—The term ‘workforce partnership’ includes a multistate program.’’, 

(3) in subparagraph (E)— 

(A) in the second sentence, by striking ‘‘Such requirements’’ and inserting the following: 

‘‘(ii) VARIATION.—The requirements under clause 

(i)’’, 

(B) by striking ‘‘(E) Each State’’ and inserting the 

following: 

‘‘(E) REQUIREMENTS FOR PARTICIPATION FOR CERTAIN

INDIVIDUALS.— 

‘‘(i) IN GENERAL.—Each State’’, and 

(C) by adding at the end the following: 

‘‘(iii) APPLICATION TO WORKFORCE PARTNERSHIPS.— 

To the extent that a State agency requires an individual to participate in an employment and training 

program, the State agency shall consider an individual 

participating in a workforce partnership to be in 


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132 STAT. 4630 PUBLIC LAW 115–334—DEC. 20, 2018 

compliance with the employment and training requirements.’’, 

(4) in subparagraph (H), by striking ‘‘(B)(v)’’ and inserting 

‘‘(B)(i)(V)’’, and 

(5) by adding at the end the following: 

‘‘(N) WORKFORCE PARTNERSHIPS.— 

‘‘(i) CERTIFICATION.—In certifying that a program 

meets the requirements of subitems (AA) and (BB) 

of subparagraph (B)(ii)(I)(bb) to be certified as a 

workforce partnership, the Secretary or the State 

agency shall require that the program submit to the 

Secretary or State agency sufficient information that 

describes— 

‘‘(I) the services and activities of the program 

that would provide participants with not less than 

20 hours per week of training, work, or experience 

under those subitems; and 

‘‘(II) how the program would provide services 

and activities described in subclause (I) that would 

directly enhance the employability or job readiness 

of the participant. 

‘‘(ii) SUPPLEMENT, NOT SUPPLANT.—A State agency 

may use a workforce partnership to supplement, not 

to supplant, the employment and training program 

of the State agency. 

‘‘(iii) PARTICIPATION.—A State agency— 

‘‘(I) shall— 

‘‘(aa) maintain a list of workforce partnerships certified under subparagraph 

(B)(ii)(I)(bb); and 

‘‘(bb) not less frequently than at certification and recertification, provide to a household member subject to work requirements 

under subsection (d)(1) or subsection (o), electronically or by other means, the list described 

in item (aa); but 

‘‘(II) may not require any member of a household participating in the supplemental nutrition 

assistance program to participate in a workforce 

partnership. 

‘‘(iv) EFFECT.— 

‘‘(I) IN GENERAL.—A workforce partnership 

shall not replace the employment or training of 

an individual not participating in the workforce 

partnership. 

‘‘(II) SELECTION.—Nothing in this subsection 

or subsection (o) affects the criteria or screening 

process for selecting participants by a workforce 

partnership. 

‘‘(v) LIMITATION ON REPORTING REQUIREMENTS.— 

In carrying out this subparagraph, the Secretary and 

each applicable State agency shall limit the reporting 

requirements of a workforce partnership to— 

‘‘(I) on notification that an individual is 

receiving supplemental nutrition assistance program benefits, notifying the applicable State 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4631 

agency that the individual is participating in the 

workforce partnership; 

‘‘(II) identifying participants who have completed or are no longer participating in the 

workforce partnership; 

‘‘(III) identifying changes to the workforce 

partnership that result in the workforce partnership no longer meeting the certification requirements of the Secretary or the State agency under 

subparagraph (B)(ii)(I)(bb); and 

‘‘(IV) providing sufficient information, on 

request by the State agency, for the State agency 

to verify that a participant is fulfilling any 

applicable work requirements under this subsection or subsection (o). 

‘‘(O) REFERRAL OF CERTAIN INDIVIDUALS.— ‘‘(i) IN GENERAL.—In accordance with such regulations as may be issued by the Secretary, with respect 

to any individual who is not eligible for an exemption 

under paragraph (2) and who is determined by the 

operator of an employment and training program 

component to be ill-suited to participate in that employment and training program component, the State 

agency shall— 

‘‘(I) refer the individual to an appropriate 

employment and training program component; 

‘‘(II) refer the individual to an appropriate 

workforce partnership, if available; 

‘‘(III) reassess the physical and mental fitness 

of the individual under paragraph (1)(A); or 

‘‘(IV) to the maximum extent practicable, 

coordinate with other Federal, State, or local 

workforce or assistance programs to identify work 

opportunities or assistance for the individual. 

‘‘(ii) PROCESS.—In carrying out clause (i), the State 

agency shall ensure that an individual undergoing and 

complying with the process established under that 

clause shall not be found to have refused without good 

cause to participate in an employment and training 

program.’’. 

(b) WORK REQUIREMENTS.—Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (B) by striking ‘‘and’’ at the end, 

(B) in subparagraph (C) by striking ‘‘job search program or a job search training program.’’ and inserting 

‘‘supervised job search program or job search training program;’’, and 

(C) by adding at the end the following: 

‘‘(D) a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, and approved by the Secretary; 

and 

‘‘(E) a workforce partnership under subsection 

(d)(4)(N).’’, 

(2) in paragraph (4)(A) by inserting ‘‘and with the support 

of the chief executive officer of the State’’ after ‘‘agency’’, and 


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132 STAT. 4632 PUBLIC LAW 115–334—DEC. 20, 2018 

(3) in paragraph (6)— 

(A) in the heading by striking ‘‘15-PERCENT EXEMPTION’’ 

and inserting ‘‘EXEMPTIONS’’, 

(B) in subparagraph (B) by striking ‘‘(G)’’ and inserting 

‘‘(H)’’, 

(C) in subparagraph (C) by striking ‘‘(E) and (G)’’ and 

inserting ‘‘(F) and (H)’’ , 

(D) in subparagraph (D)— 

(i) in the heading by striking ‘‘SUBSEQUENT FISCAL

YEARS’’ and inserting ‘‘FISCAL YEARS 1999 THROUGH

2019’’, 

(ii) by striking ‘‘(E) through (G)’’ and inserting 

‘‘(F) through (H)’’, and 

(iii) by striking ‘‘year,’’ and inserting ‘‘year through 

fiscal year 2019,’’, 

(E) in subparagraph (E) by striking ‘‘or (D)’’ and 

inserting ‘‘, (D), or (E)’’, 

(F) by redesignating subparagraphs (E), (F), and (G) 

as subparagraphs (F), (G), and (H), respectively, and 

(G) by inserting after subparagraph (D) the following: 

‘‘(E) SUBSEQUENT FISCAL YEARS.—Subject to subparagraphs (F) through (H), for fiscal year 2020 and each subsequent fiscal year, a State agency may provide a number 

of exemptions such that the average monthly number of 

exemptions in effect during the fiscal year does not exceed 

12 percent of the number of covered individuals in the 

State, as estimated by the Secretary under subparagraph 

(C), adjusted by the Secretary to reflect changes in the 

State’s caseload and the Secretary’s estimate of changes 

in the proportion of members of households that receive 

supplemental nutrition assistance program benefits covered 

by waivers granted under paragraph (4).’’. 

(c) STATE PLANS.—Section 11 of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2020) is amended— 

(1) in subsection (e)(19) by inserting ‘‘the extent to which 

such programs will be carried out in coordination with the 

activities carried out under title I of the Workforce Innovation 

and Opportunity Act (29 U.S.C. 3111 et seq.),’’ before ‘‘and 

the basis,’’, and 

(2) by adding at the end the following: 

‘‘(w) For households containing at least one adult, with no 

elderly or disabled members and with no earned income at their 

last certification or required report, a State agency shall, at the 

time of recertification, be required to advise members of the household not exempt under section 6(d)(2) regarding available employment and training services.’’. 

(d) FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.—Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) 

is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A) by striking ‘‘$90,000,000’’ and 

inserting ‘‘$103,900,000’’, 

(B) in subparagraph (C)— 

(i) in clause (i) by inserting ‘‘, subject to clauses 

(ii) through (v),’’ after ‘‘(B), the Secretary’’, and 

(ii) by adding at the end the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4633 

‘‘(iv) PRIORITY.—The Secretary shall reallocate 

funds under this subparagraph as follows: 

‘‘(I)(aa) Subject to items (bb) and (cc), not less 

than 50 percent shall be reallocated to State agencies requesting such funds to conduct employment 

and training programs and activities for which 

such State agencies had previously received 

funding under subparagraph (F)(viii) that the Secretary determines have the most demonstrable 

impact on the ability of participants to find and 

retain employment that leads to increased household income and reduced reliance on public assistance. 

‘‘(bb) The Secretary shall base the determination under item (aa) on— 

‘‘(AA) project results from the independent 

evaluations conducted under subparagraph 

(F)(vii)(I); or 

‘‘(BB) if the project results from the independent evaluations conducted under subparagraph (F)(vii)(I) are not yet available, the 

reports under subparagraph (F)(vii)(II) or 

other information relating to performance of 

the programs and activities funded under 

subparagraph (F)(viii). 

‘‘(cc) Employment and training activities 

funded under this subclause are not subject to 

subparagraph (F)(vii), but are subject to monitoring under paragraph (h)(5). 

‘‘(II) Not less than 30 percent shall be reallocated to State agencies requesting such funds to 

implement or continue employment and training 

programs and activities under section 6(d)(4)(B)(i) 

that the Secretary determines have the most 

demonstrable impact on the ability of participants 

to find and retain employment that leads to 

increased household income and reduced reliance 

on public assistance, including programs and 

activities that are targeted to— 

‘‘(aa) individuals 50 years of age or older; 

‘‘(bb) formerly incarcerated individuals; 

‘‘(cc) individuals participating in a substance abuse treatment program; 

‘‘(dd) homeless individuals; 

‘‘(ee) people with disabilities seeking to 

enter the workforce; 

‘‘(ff) other individuals with substantial 

barriers to employment; or 

‘‘(gg) households facing multi-generational 

poverty, to support employment and workforce 

participation through an integrated and 

family-focused approach in providing supportive services. 

‘‘(III) The Secretary shall reallocate any 

remaining funds available under this subparagraph, to State agencies requesting such funds 

to use for employment and training programs and 


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132 STAT. 4634 PUBLIC LAW 115–334—DEC. 20, 2018 

activities that the Secretary determines have the 

most demonstrable impact on the ability of participants to find and retain employment that leads 

to increased household income and reduced reliance on public assistance under section 

6(d)(4)(B)(i). 

‘‘(v) CONSIDERATION.—In reallocating funds under 

this subparagraph, a State agency that receives reallocated funds under clause (iv)(I) may also be considered 

for reallocated funding under clause (iv)(II).’’, and 

(C) in subparagraph (D) by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’, and 

(2) in paragraph (5)(B) by adding at the end the following: 

‘‘(v) STATE OPTION.—The State agency may report 

relevant data from a workforce partnership carried 

out under section 6(d)(4)(N) to demonstrate the number 

of program participants served by the workforce partnership.’’. 

(e) EXPIRED AUTHORITY.—Section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)) is amended— 

(1) by striking paragraph (2), and 

(2) by redesignating paragraph (3) as paragraph (2). 

SEC. 4006. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER 

SYSTEM. 

(a) EBT PORTABILITY.—Section 7(f)(5) of the Food and Nutrition 

Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the 

end the following: 

‘‘(C) OPERATION OF INDIVIDUAL POINT OF SALE DEVICE

BY FARMERS’ MARKETS AND DIRECT MARKETING FARMERS.— 

A farmers’ market or direct marketing farmer that is 

exempt under paragraph (2)(B)(i) shall be allowed to 

operate an individual electronic benefit transfer point of 

sale device at more than 1 location under the same supplemental nutrition assistance program authorization, if— 

‘‘(i) the farmers’ market or direct marketing farmer 

provides to the Secretary information on location and 

hours of operation at each location; and 

‘‘(ii)(I) the point of sale device used by the farmers’ 

market or direct marketing farmer is capable of providing location information of the device through the 

electronic benefit transfer system; or 

‘‘(II) if the Secretary determines that the technology is not available for a point of sale device to 

meet the requirement under subclause (I), the farmers’ 

market or direct marketing farmer provides to the 

Secretary any other information, as determined by the 

Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.’’. 

(b) MODERNIZATION OF ELECTRONIC BENEFIT TRANSFER REGULATIONS.—The 1st sentence of section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) is amended by inserting 

‘‘and shall periodically review such regulations and modify such 

regulations to take into account evolving technology and comparable 

industry standards’’ before the period at the end. 

(c) BENEFIT RECOVERY.—Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended— 


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(1) in subparagraph (A) by inserting ‘‘, or due to the death 

of all members of the household’’ after ‘‘inactivity’’, and 

(2) by striking subparagraphs (B) and (C) and inserting 

the following: 

‘‘(B) BENEFIT STORAGE.— ‘‘(i) IN GENERAL.—A State agency may store recovered electronic benefits off-line in accordance with 

clause (ii), if the household has not accessed the 

account after 3 months. 

‘‘(ii) NOTICE OF BENEFIT STORAGE.—A State agency 

shall— 

‘‘(I) send notice to a household the benefits 

of which are stored under clause (i); and 

‘‘(II) not later than 48 hours after request 

by the household, make the stored benefits available to the household. 

‘‘(C) BENEFIT EXPUNGING.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), a State 

agency shall expunge benefits that have not been 

accessed by a household after a period of 9 months, 

or upon verification that all members of the household 

are deceased. 

‘‘(ii) NOTICE OF BENEFIT EXPUNGING.—Not later 

than 30 days before benefits are to be expunged under 

clause (i), a State agency shall— 

‘‘(I) provide sufficient notice to the household 

that benefits will be expunged due to inactivity, 

and the date upon which benefits will be expunged; 

‘‘(II) for benefits stored off-line in accordance 

with subparagraph (B), provide the household an 

opportunity to request that such benefits be 

restored to the household; and 

‘‘(III) not later than 48 hours after request 

by the household, make the benefits available to 

the household.’’. 

(d) PROHIBITED FEES.—Section 7 of the Food and Nutrition 

Act of 2008 (7 U.S.C. 2016) is amended— 

(1) by amending subsection (h)(13) to read as follows: 

‘‘(13) FEES.— 

‘‘(A) INTERCHANGE FEES.—No interchange fees shall 

apply to electronic benefit transfer transactions under this 

subsection. 

‘‘(B) OTHER FEES.—Effective through fiscal year 2023, 

neither a State, nor any agent, contractor, or subcontractor 

of a State who facilitates the provision of supplemental 

nutrition assistance program benefits in such State may 

impose a fee for switching (as defined in subsection 

(j)(1)(H)) or routing such benefits.’’, and 

(2) by amending subsection (j)(1)(H) to read as follows: 

‘‘(H) SWITCHING.—The term ‘switching’ means the 

routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit 

transfer card in one State to the issuer of the card that 

may be in the same or different State.’’. 

(e) MOBILE TECHNOLOGIES.—Section 7(h)(14) of the Food and 

Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended— 


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132 STAT. 4636 PUBLIC LAW 115–334—DEC. 20, 2018 

(1) by amending subparagraph (A) to read as follows: 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall authorize the use of mobile technologies 

for the purpose of accessing supplemental nutrition assistance program benefits.’’, 

(2) in subparagraph (B)— 

(A) by striking the heading and inserting ‘‘DEMONSTRATION PROJECTS ON ACCESS OF BENEFITS THROUGH MOBILE

TECHNOLOGIES’’, 

(B) by amending clause (i) to read as follows: 

‘‘(i) DEMONSTRATION PROJECTS.—Before authorizing implementation of subparagraph (A) in all States, 

the Secretary shall approve not more than 5 demonstration project proposals submitted by State agencies that will pilot the use of mobile technologies for 

supplemental nutrition assistance program benefits 

access.’’, 

(C) in clause (ii)— 

(i) in the heading by striking ‘‘DEMONSTRATION

PROJECTS’’ and inserting ‘‘PROJECT REQUIREMENTS’’, 

(ii) by striking ‘‘retail food store’’ the first place 

it appears and inserting ‘‘State agency’’, 

(iii) by striking ‘‘includes’’, 

(iv) by striking subclauses (I), (II), (III), and (IV), 

and inserting the following: 

‘‘(I) provides recipient protections regarding 

privacy, ease of use, household access to benefits, 

and support similar to the protections provided 

under existing methods; 

‘‘(II) ensures that all recipients, including 

those without access to mobile payment technology 

and those who shop across State borders, have 

a means of benefit access; 

‘‘(III) requires retail food stores, unless exempt 

under section 7(f)(2)(B), to bear the costs of 

acquiring and arranging for the implementation 

of point-of-sale equipment and supplies for the 

redemption of benefits that are accessed through 

mobile technologies; 

‘‘(IV) requires that foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than 

the price of the same food purchased by other 

methods used by the retail food store, as determined by the Secretary; 

‘‘(V) ensures adequate documentation for each 

authorized transaction, adequate security measures to deter fraud, and adequate access to retail 

food stores that accept benefits accessed through 

mobile technologies, as determined by the Secretary; 

‘‘(VI) provides for an evaluation of the demonstration project, including, but not limited to, 

an evaluation of household access to benefits; 

‘‘(VII) requires that the State demonstration 

projects are voluntary for all retail food stores 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4637 

and that all recipients are able to use benefits 

in non-participating retail food stores; and 

‘‘(VIII) meets other criteria as established by 

the Secretary.’’, 

(D) by amending clause (iii) to read as follows: 

‘‘(iv) DATE OF PROJECT APPROVAL.—The Secretary 

shall solicit and approve the qualifying demonstration 

projects required under subparagraph (B)(i) not later 

than January 1, 2021.’’, and 

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

‘‘(iii) PRIORITY.—The Secretary may prioritize demonstration project proposals that would— 

‘‘(I) reduce fraud; 

‘‘(II) encourage positive nutritional outcomes; 

and 

‘‘(III) meet such other criteria as determined 

by the Secretary.’’, and 

(3) in subparagraph (C)(i)— 

(A) by striking ‘‘2017’’ and inserting ‘‘2022’’, and 

(B) by inserting ‘‘requires further study by way of 

an extended pilot period or’’ after ‘‘States’’ the 2d place 

it appears. 

(f) APPROVAL OF RETAIL FOOD STORES.—Section 9 of the Food 

and Nutrition Act (7 U.S.C. 2018) is amended— 

(1) in subsection (a)(1)— 

(A) in the 4th sentence by striking ‘‘No retail food 

store’’ and inserting the following: 

‘‘(D) VISIT REQUIRED.—No retail food store’’, 

(B) in the 3d sentence by striking ‘‘Approval’’ and 

inserting the following: 

‘‘(C) CERTIFICATE.—Approval’’, 

(C) in the 2d sentence— 

(i) by striking ‘‘food; and (D) the’’ and inserting 

the following: ‘‘food; 

‘‘(iv) any information, if available, about the ability 

of the anticipated or existing electronic benefit transfer 

equipment and service provider of the applicant to 

provide sufficient information through the electronic 

benefit transfer system to minimize the risk of fraudulent transactions; and 

‘‘(v) the’’, 

(ii) by striking ‘‘concern; (C) whether’’ and inserting 

the following: ‘‘concern; 

‘‘(iii) whether’’, 

(iii) by striking ‘‘applicant; (B) the’’ and inserting 

the following: ‘‘applicant; 

‘‘(ii) the’’, 

(iv) by striking ‘‘following: (A) the nature’’ and 

inserting the following: ‘‘following: 

‘‘(i) the nature’’, and 

(v) in the matter preceding clause (i), as so designated, by striking ‘‘In determining’’ and inserting 

the following: 

‘‘(B) FACTORS FOR CONSIDERATION.—In determining’’, 

and 

(D) in the 1st sentence by striking ‘‘(a)(1) Regulations’’ 

and inserting the following: 


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132 STAT. 4638 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(a) AUTHORIZATION TO ACCEPT AND REDEEM BENEFITS.— 

‘‘(1) APPLICATIONS.— 

‘‘(A) IN GENERAL.—Regulations’’, 

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

‘‘(4) ELECTRONIC BENEFIT TRANSFER EQUIPMENT AND

SERVICE PROVIDERS.—Before implementing clause (iv) of paragraph (1)(B), the Secretary shall issue guidance for retail food 

stores on how to select electronic benefit transfer equipment 

and service providers that are able to meet the requirements 

of that clause.’’, and 

(3) in the 1st sentence of subsection (c) by inserting ‘‘records 

relating to electronic benefit transfer equipment and related 

services, transaction and redemption data provided through 

the electronic benefit transfer system,’’ after ‘‘purchase 

invoices,’’. 

SEC. 4007. REVIEW OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM OPERATIONS. 

Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 

2018) is amended by adding at the end the following: 

‘‘(i) REVIEW OF PROGRAM OPERATIONS.— 

‘‘(1) REVIEW BY THE SECRETARY.—The Secretary— 

‘‘(A) shall review a representative sample of currently 

authorized facilities referred to in section 3(k)(3) to determine whether benefits are properly used by or on behalf 

of participating households residing in such facilities and 

whether such facilities are using more than 1 source of 

Federal or State funding to meet the food needs of residents; 

‘‘(B) may carry out similar reviews for currently participating residential drug and alcohol treatment and 

rehabilitation programs, and group living arrangements 

for the blind and disabled, referred to in section 3(k); 

‘‘(C) shall gather information, and such facilities, programs, and arrangements shall be required to submit 

information deemed necessary for a full and thorough 

review; and 

‘‘(D) shall report the results of these reviews to the 

Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry 

of the Senate not later than 18 months after the date 

of the enactment of the Agriculture Improvement Act of 

2018, along with recommendations regarding— 

‘‘(i) any additional requirements or oversight that 

would be appropriate for such facilities, programs, and 

arrangements; and 

‘‘(ii) whether such facilities, programs, and 

arrangements should continue to be authorized to 

participate in the supplemental nutrition assistance 

program. 

‘‘(2) LIMITATION.—Nothing in this subsection shall 

authorize the Secretary to deny any application for continued 

authorization, any application for authorization, or any request 

to withdraw the authorization of any such facility, program, 

or arrangement based on a determination that residents of 

any such facility or entity are residents of an institution for 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4639 

a period of 18 months from the date of enactment of the 

Agriculture Improvement Act of 2018.’’. 

SEC. 4008. RETAIL INCENTIVES. 

Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 

2018), as amended by section 4007, is amended by adding at the 

end the following: 

‘‘(j) INCENTIVES.— ‘‘(1) DEFINITION OF ELIGIBLE INCENTIVE FOOD.—In this subsection, the term ‘eligible incentive food’ means— 

‘‘(A) a staple food that is identified for increased 

consumption, consistent with the most recent dietary recommendations; and 

‘‘(B) a fruit, vegetable, dairy, whole grain, or product 

thereof. 

‘‘(2) GUIDANCE.— ‘‘(A) IN GENERAL.—The Secretary shall issue guidance 

to clarify the process by which an approved retail food 

store may seek a waiver to offer an incentive, which may 

be used only for the purchase of an eligible incentive food 

at the point of purchase, to a household purchasing food 

with benefits issued under this Act. 

‘‘(B) GUIDANCE.—The guidance under subparagraph (A) 

shall establish a process under which an approved retail 

food store, prior to carrying out an incentive program under 

this subsection, shall provide to the Secretary information 

describing the incentive program, including— 

‘‘(i) the types of incentives that will be offered; 

‘‘(ii) the types of foods that will be incentivized 

for purchase; and 

‘‘(iii) an explanation of how the incentive program 

intends to support meeting dietary intake goals. 

‘‘(3) NO LIMITATION ON BENEFITS.—A waiver granted under 

this subsection shall not be used to carry out any activity 

that limits the use of benefits under this Act or any other 

Federal nutrition law. 

‘‘(4) EFFECT.—Guidance provided under this subsection 

shall not affect any requirements under section 4405 of the 

Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517), 

including the eligibility of a retail food store to participate 

in a project funded under such section. 

‘‘(5) REPORT.—The Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate 

an annual report describing the types of incentives approved 

under this subsection.’’. 

SEC. 4009. REQUIRED ACTION ON DATA MATCH INFORMATION. 

Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2020(e)) is amended— 

(1) in paragraph (24) by striking ‘‘and’’ after the semicolon, 

(2) in paragraph (25) by striking the period at the end 

and inserting ‘‘; and’’, and 

(3) by adding at the end the following: 

‘‘(26) that for a household participating in the supplemental 

nutrition assistance program, the State agency shall pursue 

clarification and verification, if applicable, of information 

relating to the circumstances of the household received from 


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132 STAT. 4640 PUBLIC LAW 115–334—DEC. 20, 2018 

data matches for the purpose of ensuring an accurate eligibility 

and benefit determination, only if the information— 

‘‘(A) appears to present significantly conflicting 

information from the information that was used by the 

State agency at the time of certification of the household; 

‘‘(B) is obtained from data matches carried out under 

subsection (q), (r), or (x); or 

‘‘(C)(i) is less than 60 days old relative to the current 

month of participation of the household; and 

‘‘(ii) if accurate, would have been required to be 

reported by the household based on the reporting requirements assigned to the household by the State agency under 

section 6(c).’’. 

SEC. 4010. INCENTIVIZING TECHNOLOGY MODERNIZATION. 

Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2020(t)) is amended— 

(1) by striking the heading and inserting ‘‘GRANTS FOR

SIMPLIFIED APPLICATION AND ELIGIBILITY DETERMINATION SYS- TEMS AND IMPROVED ACCESS TO BENEFITS’’, 

(2) in paragraph (1) by striking ‘‘implement—’’ and all 

that follows through the period at the end, and inserting ‘‘implement supplemental nutrition assistance program simplified 

application and eligibility determination systems.’’, and 

(3) in paragraph (2)— 

(A) by amending subparagraph (B) to read as follows: 

‘‘(B) establishing enhanced technological methods that 

improve the administrative infrastructure used in processing applications and determining eligibility; or’’, 

(B) by striking subparagraphs (C) and (D), and 

(C) by redesignating subparagraph (E) as subparagraph (C). 

SEC. 4011. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE 

ISSUANCES. 

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 

2020), as amended by section 4005(c), is amended by adding at 

the end the following: 

‘‘(x) NATIONAL ACCURACY CLEARINGHOUSE.— ‘‘(1) DEFINITION OF INDICATION OF MULTIPLE ISSUANCE.— In this subsection, the term ‘indication of multiple issuance’ 

means an indication, based on a computer match, that supplemental nutrition assistance program benefits are being issued 

to an individual by more than 1 State agency simultaneously. 

‘‘(2) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—The Secretary shall establish an 

interstate data system, to be known as the ‘National 

Accuracy Clearinghouse’, to prevent multiple issuances of 

supplemental nutrition assistance program benefits to an 

individual by more than 1 State agency simultaneously. 

‘‘(B) DATA MATCHING.—The Secretary shall require that 

State agencies make available to the National Accuracy 

Clearinghouse only such information as is necessary for 

the purpose described in subparagraph (A). 

‘‘(C) DATA PROTECTION.—The information made available by State agencies under subparagraph (B)— 

‘‘(i) shall be used only for the purpose described 

in subparagraph (A); 


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‘‘(ii) shall be exempt from the disclosure requirements of section 552(a) of title 5 of the United States 

Code pursuant to section 552(b)(3) of title 5 of the 

United States Code, to the extent such information 

is obtained or received by the Secretary; 

‘‘(iii) shall not be retained for longer than is necessary to accomplish the purpose in subparagraph (A); 

‘‘(iv) shall be used in a manner that protects the 

identity and location of a vulnerable individual 

(including a victim of domestic violence) that is an 

applicant for, or recipient of, supplemental nutrition 

assistance program benefits; and 

‘‘(v) shall meet security standards as determined 

by the Secretary. 

‘‘(3) ISSUANCE OF INTERIM FINAL REGULATIONS.—Not later 

than 18 months after the date of enactment of the Agriculture 

Improvement Act of 2018, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry 

out this subsection that— 

‘‘(A) incorporate best practices and lessons learned from 

the pilot program under section 4032(c) of the Agricultural 

Act of 2014 (7 U.S.C. 2036c(c)); 

‘‘(B) require a State agency to take appropriate action, 

as determined by the Secretary, with respect to each indication of multiple issuance of supplemental nutrition assistance program benefits, or each indication that an individual 

receiving such benefits in 1 State has applied to receive 

such benefits in another State, while ensuring timely and 

fair service to applicants for, and recipients of, such benefits; 

‘‘(C) establish standards to limit and protect the 

information submitted through or retained by the National 

Accuracy Clearinghouse consistent with paragraph (2)(C); 

‘‘(D) establish safeguards to protect— 

‘‘(i) the information submitted through or retained 

by the National Accuracy Clearinghouse, including by 

limiting the period of time that information is retained 

to the period necessary to accomplish the purpose 

described in paragraph (2)(A); and 

‘‘(ii) the privacy of information that is submitted 

through or retained by the National Accuracy Clearinghouse consistent with subsection (e)(8); and 

‘‘(E) include such other rules and standards the Secretary determines appropriate to carry out this subsection. 

‘‘(4) TIMING.—The initial match and corresponding actions 

required by paragraph (3)(B) shall occur within 3 years after 

the date of the enactment of the Agriculture Improvement 

Act of 2018.’’. 

SEC. 4012. REQUIREMENT OF LIVE-PRODUCTION ENVIRONMENTS FOR 

CERTAIN PILOT PROJECTS RELATING TO COST SHARING 

FOR COMPUTERIZATION. 

Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2025(g)(1)) is amended— 

(1) in subparagraph (F) by redesignating clauses (i) and 

(ii) as subclauses (I) and (II), respectively, and indenting appropriately; 


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132 STAT. 4642 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) by redesignating subparagraphs (A) through (F) as 

clauses (i) through (vi), respectively, and indenting appropriately; 

(3) in the matter preceding clause (i), as so redesignated— 

(A) by striking ‘‘paragraphs (2) and (3)’’ and inserting 

‘‘paragraph (2)’’; and 

(B) by striking ‘‘in the planning’’ and inserting the 

following: ‘‘in the— 

‘‘(A) planning’’, 

(4) in clause (v), as so redesignated, of subparagraph (A), 

as so designated, by striking ‘‘implementation, including 

through pilot projects in limited areas for major systems 

changes as determined under rules promulgated by the Secretary, data from which’’ and inserting the following: 

‘‘implementation, including a requirement that— 

‘‘(I) such testing shall be accomplished through 

pilot projects in limited areas for major systems 

changes (as determined under rules promulgated 

by the Secretary); 

‘‘(II) each pilot project described in subclause 

(I) that is carried out before the implementation 

of a system shall be conducted in a live-production 

environment; and 

‘‘(III) the data resulting from each pilot project 

carried out under this clause’’; 

(5) in clause (vi), as so redesignated, by striking the period 

at end and inserting ‘‘; and’’, and 

(6) by adding at the end the following: 

‘‘(B) operation of 1 or more automatic data processing 

and information retrieval systems that the Secretary determines may continue to be operated in accordance with 

clauses (i) through (vii) of subparagraph (A).’’. 

SEC. 4013. QUALITY CONTROL IMPROVEMENTS. 

(a) RECORDS.—Section 11(a)(3)(B) of the Food and Nutrition 

Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended— 

(1) by striking ‘‘Records described’’ and inserting ‘‘All 

records, and the entire information systems in which records 

are contained, that are covered’’, and 

(2) by amending clause (i) to read as follows: 

‘‘(i) be made available for inspection and audit 

by the Secretary, subject to data and security protocols 

agreed to by the State agency and Secretary;’’. 

(b) QUALITY CONTROL SYSTEM.—Section 16(c)(1)(B) of the Food 

and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(B)) is amended 

to read as follows: 

‘‘(B) QUALITY CONTROL SYSTEM INTEGRITY.— 

‘‘(i) IN GENERAL.—Not later than 180 days after 

the date of enactment of the Agriculture Improvement 

Act of 2018, the Secretary shall issue interim final 

regulations that— 

‘‘(I) ensure that the quality control system 

established under this subsection produces valid 

statistical results; 

‘‘(II) provide for oversight of contracts entered 

into by a State agency for the purpose of improving 

payment accuracy; 


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‘‘(III) ensure the accuracy of data collected 

under the quality control system established under 

this subsection; and 

‘‘(IV) for each fiscal year, to the maximum 

extent practicable, provide for the evaluation of 

the integrity of the quality control process of not 

fewer than 2 State agencies, selected in accordance 

with criteria determined by the Secretary. 

‘‘(ii) DEBARMENT.—In accordance with the nonprocurement debarment procedures under part 417 of 

title 2, Code of Federal Regulations, or successor regulations, the Secretary shall debar any person that, 

in carrying out the quality control system established 

under this subsection, knowingly submits, or causes 

to be submitted, false information to the Secretary.’’. 

(c) REPORTING REQUIREMENTS.—The 1st sentence of section 

16(c)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(4)) 

is amended by inserting ‘‘, including providing access to applicable 

State records and the entire information systems in which the 

records are contained,’’ after ‘‘necessary’’. 

(d) STATE PERFORMANCE INDICATORS.—Section 16(d) of the Food 

and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended— 

(1) by striking the heading and inserting ‘‘STATE PERFORMANCE INDICATORS’’, 

(2) in paragraph (2)— 

(A) in the heading by striking ‘‘AND THEREAFTER’’ and 

inserting ‘‘THROUGH 2017’’, 

(B) in subparagraph (A) by striking ‘‘and each fiscal 

year thereafter’’ and inserting ‘‘through fiscal year 2017’’, 

and 

(C) in subparagraph (B) by striking ‘‘and each fiscal 

year thereafter’’ and inserting ‘‘through fiscal year 2017’’, 

and 

(3) by adding at the end the following: 

‘‘(6) FISCAL YEAR 2018 AND FISCAL YEARS THEREAFTER.— ‘‘(A) With respect to fiscal year 2018 and each fiscal 

year thereafter, the Secretary shall establish, by regulation, 

performance criteria relating to— 

‘‘(i) actions taken to correct errors, reduce rates 

of error, and improve eligibility determinations; and 

‘‘(ii) other indicators of effective administration 

determined by the Secretary. 

‘‘(B) The Secretary shall not award performance bonus 

payments to State agencies in fiscal year 2019 for fiscal 

year 2018 performance.’’. 

(e) COST SHARING FOR COMPUTERIZATION.—Section 16(g)(1)(A) 

of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)(A)), 

as amended by section 4012, is amended— 

(1) in clause (v)(III) by striking ‘‘and’’, and 

(2) by adding at the end the following: 

‘‘(vii) would be accessible by the Secretary for 

inspection and audit under section 11(a)(3)(B); and’’. 

SEC. 4014. EVALUATION OF CHILD SUPPORT ENFORCEMENT COOPERATION REQUIREMENTS. 

Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 

2026) is amended by adding at the end the following: 


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‘‘(m) EVALUATION OF CHILD SUPPORT ENFORCEMENT COOPERATION REQUIREMENTS.— 

‘‘(1) IN GENERAL.—The Secretary, in consultation with the 

Secretary of Health and Human Services, shall conduct an 

independent evaluation of a representative sample of States— 

‘‘(A) to assess the implementation and impact of the 

eligibility requirements described in subsections (l) through 

(n) of section 6 in States that have formerly implemented 

or continue to implement those requirements, and the feasibility of implementing those requirements in other States; 

‘‘(B) to assess the factors that contributed to the decision of States that formerly implemented the eligibility 

requirements described in each of subsections (l) through 

(n) of section 6 to cease such implementation; 

‘‘(C) to review alternatives to the eligibility requirements described in each of subsections (l) through (n) of 

section 6 that are used by other States to assist participants 

in the supplemental nutrition assistance program to make 

or receive child support payments and the effectiveness 

of those alternatives; and 

‘‘(D) to evaluate the costs and benefits to households 

and to State agencies, of requiring State agencies to implement each of the eligibility requirements described in subsections (l) through (n) of section 6. 

‘‘(2) EVALUATION.—The evaluation under paragraph (1) 

shall include, to the maximum extent practicable, an assessment of— 

‘‘(A) the manner in which applicable State agencies 

implement and enforce the eligibility requirements 

described in subparagraph (A) of such paragraph, 

including— 

‘‘(i) the procedures used by each State to determine 

cooperation, to sanction participants for failure to 

cooperate, and to determine good cause for noncooperation under each of subsections (l) through (n) of section 

6; and 

‘‘(ii) the manner in which each State aligns the 

procedures for implementing those eligibility requirements with procedures for implementing other Federal 

programs that require cooperation with child support 

enforcement, including the program of block grants 

to States for temporary assistance for needy families 

established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the Medicaid program 

under title XIX of the Social Security Act (42 U.S.C. 

1396 et seq.), and programs carried out under the 

Child Care and Development Block Grant Act of 1990 

(42 U.S.C. 9857 et seq.); 

‘‘(B) the Federal, State, and local costs associated with 

implementing those eligibility requirements, including costs 

incurred under this Act and by child support enforcement 

agencies for personnel, technology upgrades, and other 

costs; 

‘‘(C) the effect of those eligibility requirements on the 

establishment of new child support orders, the establishment of paternity, changes in child support payments to 


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custodial households, and changes in arrears owed on child 

support orders; 

‘‘(D) with respect to the eligibility requirements under 

each of subsections (l) through (n) of section 6— 

‘‘(i) the number of individuals subject to those 

requirements; 

‘‘(ii) the number of individuals in each State who 

meet those requirements; and 

‘‘(iii) the number of individuals in each State who 

fail to meet those requirements; 

‘‘(E) the number of individuals in each State for whom 

good cause for noncooperation has been found under section 

6(l)(2); 

‘‘(F) the impact of those eligibility requirements on 

the supplemental nutrition assistance program eligibility, 

benefit levels, food security, income, and economic stability 

of— 

‘‘(i) individuals subject to those requirements; 

‘‘(ii) the household members of those individuals, 

including children; and 

‘‘(iii) households with nontraditional family structures, including a household in which a grandparent 

is the primary caretaker of a grandchild of the grandparent. 

‘‘(3) STATE AGENCY COOPERATION.—Each State agency 

selected under paragraph (1) shall provide information to the 

Secretary necessary to conduct the evaluation under such paragraph. 

‘‘(4) REPORT.—Not later than 3 years after the date of 

enactment of the Agriculture Improvement Act of 2018, the 

Secretary shall submit to the Committee on Agriculture of 

the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report 

describing the findings from the evaluation conducted under 

paragraph (1).’’. 

SEC. 4015. LONGITUDINAL DATA FOR RESEARCH. 

(a) LONGITUDINAL DATA.—Section 17 of the Food and Nutrition 

Act of 2008 (7 U.S.C. 2026), as amended by section 4014, is amended 

by adding at the end the following: 

‘‘(n) LONGITUDINAL DATA FOR RESEARCH.— 

‘‘(1) IN GENERAL.—Subject to paragraphs (3) through (5), 

a State agency may, on approval by the Secretary, establish 

a longitudinal database that contains information about households and members of households that receive benefits under 

the supplemental nutrition assistance program in the State. 

‘‘(2) PURPOSE.—Each longitudinal database established 

under paragraph (1) shall be used solely to conduct research 

on participation in and the operation of the supplemental nutrition assistance program, including duration of participation 

in the program. 

‘‘(3) REQUIREMENTS FOR DATABASES.—Prior to the approval 

of State agencies to establish longitudinal databases under 

paragraph (1), the Secretary shall— 


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132 STAT. 4646 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) identify features that shall be standard across 

States such as database format to facilitate use of longitudinal databases established under paragraph (1) for 

research purposes; 

‘‘(B) identify features of longitudinal databases established under paragraph (1) that may vary across States; 

‘‘(C) identify a procedure for States operating longitudinal databases under paragraph (1) to use a unique identifier to provide relevant information on household members 

who receive benefits under the supplemental nutrition 

assistance program for the purpose of comparing participation data in multiple participating States over time while 

protecting participant privacy; 

‘‘(D) establish the manner in which data security and 

privacy protections, as required by Federal law and consistent with other appropriate practices, shall be implemented and maintained; 

‘‘(E) provide direction to State agencies on the responsibilities of and funding arrangements for State agencies 

and any State contractors (including entities providing 

technical assistance) relating to the establishment and 

operation of a longitudinal database; 

‘‘(F) provide a description of the documentation that 

States shall submit to the Secretary prior to allowing 

researchers access to a longitudinal database; 

‘‘(G) consult with other Federal research agencies, 

including the Bureau of the Census; 

‘‘(H) consult with States that have already established 

databases used for purposes similar to the purposes outlined in this subsection; and 

‘‘(I) identify any other requirements determined appropriate by the Secretary. 

‘‘(4) INCLUDED DATA.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), each 

longitudinal database established under paragraph (1)— 

‘‘(i) shall include monthly information about households and members of households that receive benefits 

under the supplemental nutrition assistance program 

in the participating State taken from existing information collected by the State agency including, if available,— 

‘‘(I) demographic characteristics; 

‘‘(II) income and financial resources (as 

described in section 5(g)); 

‘‘(III) employment status; 

‘‘(IV) household circumstances, such as deductible expenses; and 

‘‘(V) the amount of the monthly allotment 

received under the supplemental nutrition assistance program; and 

‘‘(ii) may include information from other State data 

sources such as— 

‘‘(I) earnings and employment data from the 

State department of labor; 

‘‘(II) health insurance program data; or 

‘‘(III) data from participation in other programs administered by the State. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4647 

‘‘(B) DATA PROTECTION.—Any State that establishes 

a longitudinal database under paragraph (1) shall, in 

accordance with all applicable Federal and State privacy 

standards and requirements— 

‘‘(i) protect the privacy of information about each 

member of each household that receives benefits under 

the supplemental nutrition assistance program in such 

State by ensuring that no personally identifiable 

information (including social security number, home 

address, or contact information) is included in the 

longitudinal database; and 

‘‘(ii) make the data under this paragraph available 

to researchers and the Secretary. 

‘‘(5) APPROVAL.—The Secretary shall approve the establishment of longitudinal databases under paragraph (1) in States 

that— 

‘‘(A) meet the requirements for databases under paragraph (3) and (4)(B); 

‘‘(B) reflect a range of participant numbers, demographics, operational structures, and geographic regions; 

and 

‘‘(C) have the capacity to provide on a periodic and 

ongoing basis household and participant data derived from 

the eligibility system and other data sources of the State. 

‘‘(6) GRANTS.— 

‘‘(A) IN GENERAL.—In carrying out this subsection, the 

Secretary may provide grants to States that have been 

approved by the Secretary in accordance with paragraph 

(5) out of funds made available under paragraph (9). 

‘‘(B) METHOD OF AWARDING GRANTS.—Grants awarded 

under this paragraph shall be made in such amounts and 

under such terms and conditions as the Secretary determines necessary to carry out the purposes of this subsection. 

‘‘(7) REPORT.— 

‘‘(A) IN GENERAL.—Not later than 4 years after the 

effective date of this subsection, the Secretary shall submit 

to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate a report on the feasibility of 

expanding implementation of longitudinal databases to 

every State. 

‘‘(B) CONTENTS.—The report required under subparagraph (A) shall describe— 

‘‘(i) the cost of expanding implementation of 

longitudinal databases with consistent data to every 

State; 

‘‘(ii) the challenges and benefits of using State 

longitudinal databases with consistent data; and 

‘‘(iii) alternatives to expanding implementation of 

longitudinal databases with consistent data to every 

State that may achieve similar research outcomes and 

the advantages and disadvantages of those alternatives. 

‘‘(8) EFFECT.—Nothing in this subsection shall be construed 

to prevent or limit the ability of State agencies to establish 


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132 STAT. 4648 PUBLIC LAW 115–334—DEC. 20, 2018 

or continue operating databases used for purposes similar to 

the purposes outlined in this subsection. 

‘‘(9) FUNDING.—Of the funds made available under section 

18, the Secretary shall use to carry out this subsection— ‘‘(A) $20,000,000 for fiscal year 2019 to remain available through fiscal year 2021; and ‘‘(B) $5,000,000 for fiscal year 2022 and each fiscal 

year thereafter.’’. 

(b) CONFORMING AMENDMENT.—The 1st sentence of section 

16(a) of the Food and Nutrition Act of 2008 is amended— 

(1) by striking ‘‘and (8)’’ and inserting ‘‘(8)’’; and 

(2) by inserting ‘‘, and (9) establishing and operating a 

longitudinal database in accordance with section 17(n)’’ before 

‘‘: Provided’’. 

SEC. 4016. AUTHORIZATION OF APPROPRIATIONS. 

The 1st sentence of section 18(a)(1) of the Food and Nutrition 

Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 4017. ASSISTANCE FOR COMMUNITY FOOD PROJECTS. 

Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2034(b)(2)) is amended— 

(1) in subparagraph (B) by striking ‘‘and’’ at the end, 

(2) in subparagraph (C) by striking ‘‘fiscal year 2015 and 

each fiscal year thereafter.’’ and inserting ‘‘each of fiscal years 

2015 through 2018; and’’, and 

(3) by adding at the end the following: ‘‘(D) $5,000,000 for fiscal year 2019 and each fiscal 

year thereafter.’’. 

SEC. 4018. EMERGENCY FOOD ASSISTANCE PROGRAM. 

(a) STATE PLAN.—Section 202A(b) of the Emergency Food 

Assistance Act of 1983 (7 U.S.C. 7503(b)) is amended— 

(1) in paragraph (3), by striking ‘‘and’’ after the semicolon; 

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

and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(5) at the option of the State agency, describe a plan 

of operation for 1 or more projects in partnership with 1 or 

more emergency feeding organizations located in the State to 

harvest, process, package, or transport donated commodities 

received under section 203D(d); and 

‘‘(6) describe a plan, which may include the use of a State 

advisory board established under subsection (c), that provides 

emergency feeding organizations or eligible recipient agencies 

within the State an opportunity to provide input on the commodity preferences and needs of the emergency feeding 

organization or eligible recipient agency.’’. 

(b) STATE AND LOCAL SUPPLEMENTATION OF COMMODITIES.— 

Section 203D of the Emergency Food Assistance Act of 1983 (7 

U.S.C. 7507) is amended by adding at the end the following: 

‘‘(d) PROJECTS TO HARVEST, PROCESS, PACKAGE, OR TRANSPORT

DONATED COMMODITIES.— 

‘‘(1) DEFINITION OF PROJECT.—In this subsection, the term 

‘project’ means the harvesting, processing, packaging, or 

transportation of unharvested, unprocessed, or unpackaged 

commodities donated by agricultural producers, processors, or 


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distributors for use by emergency feeding organizations under 

subsection (a). 

‘‘(2) FEDERAL FUNDING FOR PROJECTS.— 

‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C) and paragraph (3), using funds made available under 

paragraph (5), the Secretary may provide funding to States 

to pay for the costs of carrying out a project. 

‘‘(B) FEDERAL SHARE.—The Federal share of the cost 

of a project under subparagraph (A) shall not exceed 50 

percent of the total cost of the project. 

‘‘(C) ALLOCATION.— 

‘‘(i) IN GENERAL.—Each fiscal year, the Secretary 

shall allocate the funds made available under subparagraph (A), based on a formula determined by the Secretary, to States that have submitted a State plan 

describing a plan of operation for a project under section 202A(b)(5). 

‘‘(ii) REALLOCATION.—If the Secretary determines 

that a State will not expend all of the funds allocated 

to the State for a fiscal year under clause (i), the 

Secretary shall reallocate the unexpended funds to 

other States that have submitted under section 

202A(b)(5) a State plan describing a plan of operation 

for a project during that fiscal year or the subsequent 

fiscal year, as the Secretary determines appropriate. 

‘‘(iii) REPORTS.—Each State to which funds are 

allocated for a fiscal year under this subparagraph 

shall, on a regular basis, submit to the Secretary financial reports describing the use of the funds. 

‘‘(3) PROJECT PURPOSES.—A State may only use Federal 

funds received under paragraph (2) for a project the purposes 

of which are— 

‘‘(A) to reduce food waste at the agricultural production, 

processing, or distribution level through the donation of 

food; 

‘‘(B) to provide food to individuals in need; and 

‘‘(C) to build relationships between agricultural producers, processors, and distributors and emergency feeding 

organizations through the donation of food. 

‘‘(4) COOPERATIVE AGREEMENTS.—The Secretary may 

encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under 

section 203B(d) to maximize the use of commodities donated 

under the project. 

‘‘(5) FUNDING.—Out of funds not otherwise appropriated, 

the Secretary of the Treasury shall transfer to the Secretary 

to carry out this subsection $4,000,000 for each of fiscal years 

2019 through 2023, to remain available until the end of the 

subsequent fiscal year.’’. 

(c) FOOD WASTE.—Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507), as amended by subsection (b), 

is amended by adding at the end the following: 

‘‘(e) FOOD WASTE.—The Secretary shall issue guidance outlining 

best practices to minimize the food waste of the commodities 

donated under subsection (a).’’. 


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132 STAT. 4650 PUBLIC LAW 115–334—DEC. 20, 2018 

(d) EMERGENCY FOOD PROGRAM INFRASTRUCTURE GRANTS.— Section 209(d) of the Emergency Food Assistance Act of 1983 (7 

U.S.C. 7511a(d)) is amended by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

(e) AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD

ASSISTANCE PROGRAM.—Section 27(a) of the Food and Nutrition 

Act of 2008 (7 U.S.C. 2036(a)) is amended— 

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

‘‘2023’’; and 

(2) in paragraph (2)— 

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

inserting ‘‘2023’’; 

(B) in subparagraph (D)— 

(i) in the matter preceding clause (i), by striking 

‘‘2018’’ and inserting ‘‘2023’’; 

(ii) in clause (iii), by striking ‘‘and’’ after the semicolon; 

(iii) in clause (iv), by striking ‘‘and’’ after the semicolon; 

(iv) by adding at the end the following: 

‘‘(v) for fiscal year 2019, $23,000,000; 

‘‘(vi) for fiscal year 2020, $35,000,000; 

‘‘(vii) for fiscal year 2021, $35,000,000; 

‘‘(viii) for fiscal year 2022, $35,000,000; and 

‘‘(ix) for fiscal year 2023, $35,000,000; and’’; and 

(C) in subparagraph (E)— 

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

(ii) by striking ‘‘(D)(iv)’’ and inserting ‘‘(D)(ix)’’; and 

(iii) by striking ‘‘June 30, 2017’’ and inserting 

‘‘June 30, 2023’’. 

SEC. 4019. NUTRITION EDUCATION. 

Section 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2036a(c)) is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (B)— 

(i) in the matter preceding clause (i), by striking 

‘‘Except as provided in subparagraph (C), a’’ and 

inserting ‘‘A’’, 

(ii) in clause (ii) by striking ‘‘and’’ after the semicolon, 

(iii) by redesignating clause (iii) as clause (iv), 

and 

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

‘‘(iii) describe how the State agency shall use an 

electronic reporting system to— 

‘‘(I) measure and evaluate the projects; and 

‘‘(II) account for the allowable State agency 

administrative costs including for— 

‘‘(aa) salaries and benefits of State agency 

personnel; 

‘‘(bb) office supplies and equipment; 

‘‘(cc) travel costs; 

‘‘(dd) development and production of nutrition education materials; 

‘‘(ee) memberships, subscriptions, and 

professional activities; 


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‘‘(ff) lease or rental costs; 

‘‘(gg) maintenance and repair expenses; 

‘‘(hh) indirect costs; and 

‘‘(ii) cost of using publicly-owned building 

space; and’’, and 

(B) by striking subparagraph (C), 

(2) in paragraph (3)(B) in the matter preceding clause 

(i), by inserting ‘‘, the Director of the National Institute of 

Food and Agriculture,’’ before ‘‘and outside stakeholders’’, 

(3) in paragraph (5) by inserting ‘‘the expanded food and 

nutrition education program or’’ before ‘‘other health promotion’’, and 

(4) by adding at the end the following: 

‘‘(6) INFORMATION CLEARINGHOUSE.—The Secretary shall 

establish an online clearinghouse that makes available to State 

agencies, local agencies, institutions of higher education, and 

community organizations best practices for planning, implementing, and evaluating nutrition education and obesity 

prevention services to ensure that projects carried out with 

funds received under this section are appropriate for the target 

population. 

‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide 

technical assistance to a State agency in developing and implementing a nutrition education State plan, including— 

‘‘(A) by identifying common challenges faced by entities 

described in paragraph (6) that participate in projects carried out with funds received under this section; 

‘‘(B) by coordinating efforts to address those common 

challenges; 

‘‘(C) by collecting and disseminating information on 

evidence-based practices relating to nutrition education and 

obesity prevention; 

‘‘(D) by facilitating communication between and among 

grantees and subgrantees of funds received under this section; 

‘‘(E) by assisting State agencies in creating or 

maintaining systems to compile program data; and 

‘‘(F) by performing or assisting with other activities, 

as determined by the Secretary. 

‘‘(8) ANNUAL STATE REPORT.—Each State agency that 

delivers nutrition education and obesity prevention services 

under this subsection shall submit to the Secretary an annual 

report, which shall be made publicly available by the Secretary, 

that includes— 

‘‘(A) the use of funds on the State agency’s program, 

including for each category of allowable State agency 

administrative costs identified in paragraph (2)(B)(iii)(II); 

‘‘(B) a description of each project carried out by that 

agency under this subsection, including, with respect to 

the project, the target population, interventions, educational materials used, key performance indicators used, 

and evaluations made; 

‘‘(C) a comprehensive analysis of the impacts and outcomes— 

‘‘(i) of the project, including with respect to the 

elements described in subparagraph (A); and 


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132 STAT. 4652 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ii) to the extent practicable, of completed 

multiyear projects; and 

‘‘(D) the status of any ongoing multiyear project. 

‘‘(9) ANNUAL FEDERAL REPORT.—The Administrator of the 

Food and Nutrition Service, in consultation with the Director 

of the National Institute of Food and Agriculture, shall annually 

submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate a report that— 

‘‘(A) evaluates the level of coordination between— 

‘‘(i) the nutrition education and obesity prevention 

grant program under this section; 

‘‘(ii) the expanded food and nutrition education 

program under section 1425 of the National Agricultural Research, Extension, and Teaching Policy Act 

of 1977 (7 U.S.C. 3175); and 

‘‘(iii) any other nutrition education program 

administered by the Department of Agriculture; and 

‘‘(B) includes the use of funds on such programs 

including State agency administrative costs reported by 

States under paragraph (8)(A).’’. 

SEC. 4020. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING. 

Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2036b(c)(1)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 4021. PUBLIC-PRIVATE PARTNERSHIPS. 

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) 

is amended by adding at the end the following: 

‘‘SEC. 30. PILOT PROJECTS TO ENCOURAGE THE USE OF PUBLIC-PRIVATE PARTNERSHIPS COMMITTED TO ADDRESSING FOOD 

INSECURITY. 

‘‘(a) IN GENERAL.—The Secretary may, on application of eligible 

entities, approve not more than 10 pilot projects to support publicprivate partnerships that address food insecurity and poverty. 

‘‘(b) DEFINITIONS.—For purposes of this section— 

‘‘(1) the term ‘eligible entity’ means— 

‘‘(A) a nonprofit organization; 

‘‘(B) a community-based organization; 

‘‘(C) an institution of higher education; or 

‘‘(D) a private entity, as determined by the Secretary; 

and 

‘‘(2) the term ‘public agency’ means a department, agency, 

other unit, or instrumentality of Federal, State, or local government. 

‘‘(c) PROJECT REQUIREMENTS.—Projects approved under this section shall— 

‘‘(1) be limited to 2 years in length; and 

‘‘(2) include a collaboration between one or more public 

agencies and one or more eligible entities that— 

‘‘(A) improves the effectiveness and impact of the 

supplemental nutrition assistance program; 

‘‘(B) develops food security solutions that are specific 

to the needs of a community or region; and 

‘‘(C) strengthens the capacity of communities to address 

food insecurity and poverty. 

7 USC 2036d. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4653 

‘‘(d) EVALUATION.—The Secretary shall provide for an independent evaluation of pilot projects approved under this section 

that includes— 

‘‘(1) a summary of the activities conducted under the pilot 

projects; 

‘‘(2) an assessment of the effectiveness of the pilot projects; 

and 

‘‘(3) best practices regarding the use of public-private partnerships to improve the effectiveness of public benefit programs 

to address food insecurity and poverty. 

‘‘(e) FUNDING.— 

‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000 

to remain available until expended. 

‘‘(2) APPROPRIATION IN ADVANCE.—Only funds appropriated 

under paragraph (1) in advance specifically to carry out this 

section shall be available to carry out this section.’’. 

SEC. 4022. TECHNICAL CORRECTIONS. 

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) 

is amended— 

(1) in section 3— 

(A) in subsections (d) and (i) by striking ‘‘7(i)’’ and 

inserting ‘‘7(h)’’, and 

(B) in subsection (o)(1)(A) by striking ‘‘(r)(1)’’ and 

inserting ‘‘(q)(1)’’, 

(2) in section 5(a) by striking ‘‘and section’’ each place 

it appears and all that follows through ‘‘households’’ the respective next place it appears, and inserting ‘‘and section 3(m)(4), 

households’’, 

(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by 

striking ‘‘3(n)(5)’’ and inserting ‘‘3(m)(5)’’, 

(4) in the 1st sentence of section 10— 

(A) by striking ‘‘or the Federal Savings and Loan Insurance Corporation’’ each place it appears, and 

(B) by striking ‘‘3(p)(4)’’ and inserting ‘‘3(o)(4)’’, 

(5) in section 11— 

(A) in subsection (a)(2) by striking ‘‘3(t)(1)’’ and 

inserting ‘‘3(s)(1)’’, and 

(B) in subsection (d)— 

(i) by striking ‘‘3(t)(1)’’ each place it appears and 

inserting ‘‘3(s)(1)’’, and 

(ii) by striking ‘‘3(t)(2)’’ each place it appears and 

inserting ‘‘3(s)(2)’’, and 

(C) in subsection (e)— 

(i) in paragraph (17) by striking ‘‘3(t)(1)’’ inserting 

‘‘3(s)(1)’’, and 

(ii) in paragraph (23) by striking ‘‘Simplified 

Supplemental Nutrition Assistance Program’’ and 

inserting ‘‘simplified supplemental nutrition assistance 

program’’, 

(6) in section 15(e) by striking ‘‘exchange’’ and all that 

follows through ‘‘anything’’, and inserting ‘‘exchange for benefits, or anything’’, 

(7) in section 17(b)(1)(B)(iv)(III)(aa) by striking ‘‘3(n)’’ and 

inserting ‘‘3(m)’’, 


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132 STAT. 4654 PUBLIC LAW 115–334—DEC. 20, 2018 

(8) in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon 

at the end, and 

(9) in section 26(b) by striking ‘‘out’’ and all that follows 

through ‘‘(referred’’, and inserting ‘‘out a simplified supplemental nutrition assistance program (referred’’. 

Subtitle B—Commodity Distribution 

Programs 

SEC. 4101. COMMODITY DISTRIBUTION PROGRAM. 

The 1st sentence of section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended 

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

SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 

Section 5 of the Agriculture and Consumer Protection Act of 

1973 (7 U.S.C. 612c note; Public Law 93–86) is amended— 

(1) in subsection (a)— 

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

‘‘2023’’, and 

(B) in paragraph (2)(B), in the matter preceding clause 

(i), by striking ‘‘2018’’ and inserting ‘‘2023’’, 

(2) in subsection (d)(2), in the 1st sentence, by striking 

‘‘2018’’ and inserting ‘‘2023’’, and 

(3) in subsection (g)— 

(A) by striking ‘‘Except’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except’’, and 

(B) by adding at the end the following: 

‘‘(2) CERTIFICATION.— 

‘‘(A) DEFINITION OF CERTIFICATION PERIOD.—In this 

paragraph, the term ‘certification period’ means the period 

during which a participant in the commodity supplemental 

food program in a State may continue to receive benefits 

under the commodity supplemental food program without 

a formal review of the eligibility of the participant. 

‘‘(B) MINIMUM CERTIFICATION PERIOD.—Subject to subparagraphs (C) and (D), a State shall establish for the 

commodity supplemental food program of the State a certification period of— 

‘‘(i) not less than 1 year; but 

‘‘(ii) not more than 3 years. 

‘‘(C) TEMPORARY CERTIFICATION.—An eligible applicant 

for the commodity supplemental food program in a State 

may be provided with a temporary monthly certification 

to fill any caseload slot resulting from nonparticipation 

by certified participants. 

‘‘(D) APPROVALS.—A certification period of more than 

1 year established by a State under subparagraph (B) 

shall be subject to the approval of the Secretary, who 

shall approve such a certification period on the condition 

that, with respect to each participant receiving benefits 

under the commodity supplemental food program of the 

State, the local agency in the State administering the commodity supplemental food program, on an annual basis 

during the certification period applicable to the participant— 


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‘‘(i) verifies the address and continued interest of 

the participant; and 

‘‘(ii) has sufficient reason to determine that the 

participant still meets the income eligibility standards 

under paragraph (1), which may include a determination that the participant has a fixed income.’’. 

SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL 

NUTRITION PROJECTS. 

Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 

(7 U.S.C. 1431e(a)(2)(A)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 4104. FOOD DONATION STANDARDS. 

Section 203D of the Emergency Food Assistance Act of 1983 

(7 U.S.C. 7507), as amended by section 4018(c), is amended by 

adding at the end the following: 

‘‘(f) FOOD DONATION STANDARDS.— ‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) APPARENTLY WHOLESOME FOOD.—The term ‘apparently wholesome food’ has the meaning given the term 

in section 22(b) of the Child Nutrition Act of 1966 (42 

U.S.C. 1791(b)). 

‘‘(B) INSTITUTION OF HIGHER EDUCATION.—The term 

‘institution of higher education’ has the meaning given 

the term in section 102 of the Higher Education Act of 

1965 (20 U.S.C. 1002). 

‘‘(C) QUALIFIED DIRECT DONOR.—The term ‘qualified 

direct donor’ means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, 

or institution of higher education. 

‘‘(2) GUIDANCE.— 

‘‘(A) IN GENERAL.—Not later than 180 days after the 

date of enactment of the Agriculture Improvement Act 

of 2018, the Secretary shall issue guidance to promote 

awareness of donations of apparently wholesome food protected under section 22(c) of the Child Nutrition Act of 

1966 (42 U.S.C. 1791(c)) by qualified direct donors in 

compliance with applicable State and local health, food 

safety, and food handling laws (including regulations). 

‘‘(B) ISSUANCE.—The Secretary shall encourage State 

agencies and emergency feeding organizations to share the 

guidance issued under subparagraph (A) with qualified 

direct donors.’’. 

Subtitle C—Miscellaneous 

SEC. 4201. SENIORS FARMERS’ MARKET NUTRITION PROGRAM. 

Section 4402(a) of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 3007(a)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 4202. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR DISTRIBUTION TO SCHOOLS AND SERVICE INSTITUTIONS. 

Section 10603(b) of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 612c-4(b)) is amended by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 


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132 STAT. 4656 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 4203. SERVICE OF TRADITIONAL FOODS IN PUBLIC FACILITIES. 

Section 4033(d)(1) of the Agricultural Act of 2014 (128 Stat. 

818) is amended— 

(1) by striking ‘‘and’’ the 1st place it appears, 

(2) by inserting ‘‘, a State, a county or county equivalent, 

a local educational agency, and an entity or person authorized 

to facilitate the donation, storage, preparation, or serving of 

traditional food by the operator of a food service program’’ 

after ‘‘organization’’, and 

(3) by inserting ‘‘storage, preparation, or’’ after ‘‘donation 

to or’’. 

SEC. 4204. HEALTHY FOOD FINANCING INITIATIVE. 

Section 243 of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 6953) is amended— 

(1) in subsection (a), by inserting ‘‘and enterprises’’ after 

‘‘retailers’’; 

(2) in subsection (b)(3)(B)(iii), by inserting ‘‘and enterprises’’ 

after ‘‘retailers’’; and 

(3) in subsection (c)(2)(B)(ii), by inserting ‘‘as applicable,’’ 

before ‘‘to accept’’. 

SEC. 4205. THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM. 

(a) AMENDMENT TO PROGRAM.—Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended— 

(1) by striking the heading and inserting ‘‘THE GUS

SCHUMACHER NUTRITION INCENTIVE PROGRAM’’, 

(2) in subsection (a)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

governmental agency or nonprofit organization.’’, 

(B) in paragraph (3) by striking ‘‘means the’’ and all 

that follows through the period at the end, and inserting 

the following: 

‘‘means— 

‘‘(A) the supplemental nutrition assistance program 

established under the Food and Nutrition Act of 2008 (7 

U.S.C. 2011 et seq.); and 

‘‘(B) the programs for nutrition assistance under section 19 of such Act (7 U.S.C. 2028).’’, and 

(C) by adding at the end the following: 

‘‘(4) HEALTHCARE PARTNER.—The term ‘healthcare partner’ 

means a healthcare provider, including— 

‘‘(A) a hospital; 

‘‘(B) a Federally-qualified health center (as defined in 

section 1905(l) of the Social Security Act (42 U.S.C. 

1396d(l))); 

‘‘(C) a hospital or clinic operated by the Secretary 

of Veterans Affairs; or 

‘‘(D) a healthcare provider group. 

‘‘(5) MEMBER.—The term ‘member’ means, as determined 

by the applicable eligible entity or healthcare partner carrying 

out a project under subsection (c) in accordance with procedures 

established by the Secretary— 

‘‘(A) an individual eligible for— 

‘‘(i) benefits under the Food and Nutrition Act 

of 2008 (7 U.S.C. 2011 et seq.); or 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4657 

‘‘(ii) medical assistance under a State plan or a 

waiver of such a plan under title XIX of the Social 

Security Act (42 U.S.C. 1396 et seq.) and enrolled 

under such plan or waiver; and 

‘‘(B) a member of a low-income household that suffers 

from, or is at risk of developing, a diet-related health 

condition.’’, 

(3) in subsection (b)— 

(A) in paragraph (1)— 

(i) in subparagraph (B) by striking ‘‘The’’ and 

inserting ‘‘Except as provided in subparagraph (D)(iii), 

the’’, 

(ii) in subparagraph (C) by adding at the end the 

following: 

‘‘(iii) TRIBAL AGENCIES.—The Secretary may allow 

a Tribal agency to use funds provided to the Indian 

Tribe of the Tribal agency through a Federal agency 

(including the Indian Health Service) or other Federal 

benefit to satisfy all or part of the non-Federal share 

described in clause (i) if such use is otherwise consistent with the purpose of such funds.’’, 

(iii) by redesignating subparagraphs (B) and (C) 

as subparagraphs (C) and (D), and 

(iv) by inserting after subparagraph (A) the following: 

‘‘(B) PARTNERS AND COLLABORATORS.—An eligible 

entity that receives a grant under this subsection may 

partner with, or make subgrants to, public, private, nonprofit, or for-profit entities, including— 

‘‘(i) an emergency feeding organization; 

‘‘(ii) an agricultural cooperative; 

‘‘(iii) a producer network or association; 

‘‘(iv) a community health organization; 

‘‘(v) a public benefit corporation; 

‘‘(vi) an economic development corporation; 

‘‘(vii) a farmers’ market; 

‘‘(viii) a community-supported agriculture program; 

‘‘(ix) a buying club; 

‘‘(x) a retail food store participating in the supplemental nutrition assistance program; 

‘‘(xi) a State, local, or tribal agency; 

‘‘(xii) another eligible entity that receives a grant 

under this subsection; and 

‘‘(xiii) any other entity the Secretary designates.’’, 

(B) in paragraph (2)— 

(i) by amending subparagraph (A) to read as follows: 

‘‘(A) IN GENERAL.—To receive a grant under this subsection, an eligible entity shall— 

‘‘(i) meet the application criteria set forth by the 

Secretary; and 

‘‘(ii) propose a project that, at a minimum— 

‘‘(I) has the support of the State agency administering the supplemental nutrition assistance program; 

‘‘(II) would increase the purchase of fruits and 

vegetables by low-income households participating 


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132 STAT. 4658 PUBLIC LAW 115–334—DEC. 20, 2018 

in the supplemental nutrition assistance program 

by providing an incentive for the purchase of fruits 

and vegetables at the point of purchase to a household purchasing food with supplemental nutrition 

assistance program benefits; 

‘‘(III) except in the case of projects receiving 

$100,000 or less over 1 year, would measure the 

purchase of fruits and vegetables by low-income 

households participating in the supplemental 

nutrition assistance program; 

‘‘(IV) ensures that the same terms and conditions apply to purchases made by individuals with 

benefits issued under the Food and Nutrition Act 

of 2008 and incentives provided for in this subsection as apply to purchases made by individuals 

who are not members of households receiving benefits, such as provided for in section 278.2(b) of 

title 7, Code of Federal Regulations (or a successor 

regulation); 

‘‘(V) has adequate plans to collect data for 

reporting and agrees to provide that information 

for the report described in subsection (e)(2)(B)(iii); 

and 

‘‘(VI) would share information with the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e).’’, 

(ii) in subparagraph (B)— 

(I) by striking clause (v), 

(II) by redesignating clause (vi) as clause (x), 

and 

(III) by inserting after clause (iv) the following: 

‘‘(v) include a project design— 

‘‘(I) that provides incentives when fruits or 

vegetables are purchased using supplemental 

nutrition assistance program benefits; and 

‘‘(II) in which the incentives earned may be 

used only to purchase fruits or vegetables; 

‘‘(vi) have demonstrated the ability to provide services to underserved communities; 

‘‘(vii) include coordination with multiple stakeholders, such as farm organizations, nutrition education programs, cooperative extension services, public 

health departments, health providers, private and 

public health insurance agencies, cooperative grocers, 

grocery associations, and community-based and nongovernmental organizations; 

‘‘(viii) offer supplemental services in high-need 

communities, including online ordering, transportation 

between home and store, and delivery services; 

‘‘(ix) include food retailers that are open— 

‘‘(I) for extended hours; and 

‘‘(II) most or all days of the year; or’’, and 

(C) by striking paragraphs (3) and (4), 

(4) in subsection (c)— 

(A) in paragraph (1) by striking ‘‘subsection (b) 

$5,000,000 for each of fiscal years 2014 through 2018’’ 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4659 

and inserting ‘‘this section $5,000,000 for each of fiscal 

years 2014 through 2023’’, and 

(B) in paragraph (2)— 

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

striking ‘‘subsection (b)’’ and inserting ‘‘this section’’, 

(ii) in subparagraph (B) by striking ‘‘and’’ at the 

end, 

(iii) in subparagraph (C) by striking the period 

at the end and inserting a semicolon, and 

(iv) by adding at the end the following: 

‘‘(C) $45,000,000 for fiscal year 2019; 

‘‘(D) $48,000,000 for fiscal year 2020; 

‘‘(E) $48,000,000 for fiscal year 2021; 

‘‘(F) $53,000,000 for fiscal year 2022; and 

‘‘(G) $56,000,000 for fiscal year 2023 and each fiscal 

year thereafter. 

‘‘(3) USE OF FUNDS.—With respect to funds made available 

under this section for fiscal years 2019 through 2023— 

‘‘(A) for each fiscal year the Secretary shall use not 

more than 10 percent of such funds available for such 

fiscal year for the produce prescription program described 

in subsection (c); 

‘‘(B) for each fiscal year not more than 8 percent of 

such funds available for such fiscal year shall be used 

by the National Institute of Food and Agriculture and 

the Food and Nutrition Service for administration; and 

‘‘(C) the Secretary shall use for the Nutrition Incentive 

Program Training, Technical Assistance, Evaluation, and 

Information Centers established under subsection (e) not 

more than— 

‘‘(i) $17,000,000 in the aggregate for fiscal years 

2019 and 2020; and 

‘‘(ii) $7,000,000 for each of the fiscal years 2021 

through 2023.’’, 

(5) by redesignating subsection (c) as subsection (f), and 

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

‘‘(c) PRODUCE PRESCRIPTION PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a grant 

program under which the Secretary shall award grants to 

eligible entities to conduct projects that demonstrate and 

evaluate the impact of the projects on— 

‘‘(A) the improvement of dietary health through 

increased consumption of fruits and vegetables; 

‘‘(B) the reduction of individual and household food 

insecurity; and 

‘‘(C) the reduction in healthcare use and associated 

costs. 

‘‘(2) HEALTHCARE PARTNERS.—In carrying out a project 

using a grant received under paragraph (1), an eligible entity 

shall partner with 1 or more healthcare partners. 

‘‘(3) GRANT APPLICATIONS.— 

‘‘(A) IN GENERAL.—To be eligible to receive a grant 

under paragraph (1), an eligible entity— 

‘‘(i) shall— 

‘‘(I) prescribe fresh fruits and vegetables to 

members; 


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132 STAT. 4660 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(II) submit to the Secretary an application 

containing such information as the Secretary may 

require, including the information described in 

subparagraph (B); and 

‘‘(ii) may— 

‘‘(I) provide financial or non-financial incentives for members to purchase or procure fresh 

fruits and vegetables; 

‘‘(II) provide educational resources on nutrition 

to members; and 

‘‘(III) establish additional accessible locations 

for members to procure fresh fruits and vegetables. 

‘‘(B) APPLICATION.—An application shall— 

‘‘(i) identify the 1 or more healthcare partners 

with which the eligible entity is partnering under paragraph (2); and 

‘‘(ii) include— 

‘‘(I) a description of the methods by which 

an eligible entity shall— 

‘‘(aa) screen and verify eligibility for members for participation in a produce prescription 

project, in accordance with procedures established under subsection (a)(5); 

‘‘(bb) implement an effective produce 

prescription project, including the role of each 

healthcare partner in implementing the 

produce prescription project; 

‘‘(cc) evaluate members participating in a 

produce prescription project with respect to 

the matters described in subparagraphs (A) 

through (C) of paragraph (1); 

‘‘(dd) provide educational opportunities 

relating to nutrition to members participating 

in a produce prescription project; and 

‘‘(ee) inform members of the availability 

of the produce prescription project, including 

locations at which produce prescriptions may 

be redeemed; 

‘‘(II) a description of any additional nonprofit 

or emergency feeding organizations that shall be 

involved in the project and the role of each additional nonprofit or emergency feeding organization 

in implementing and evaluating an effective 

produce prescription project; 

‘‘(III) documentation of a partnership agreement with a relevant State Medicaid agency or 

other appropriate entity, as determined by the Secretary, to evaluate the effectiveness of the produce 

prescription project in reducing healthcare use and 

associated costs; 

‘‘(IV) adequate plans to collect data for 

reporting and agreement to provide that information for the report described in subsection 

(e)(2)(B)(iii); and 

‘‘(V) agreement to share information with the 

Nutrition Incentive Program Training, Technical 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4661 

Assistance, Evaluation, and Information Centers 

established under subsection (e). 

‘‘(4) COORDINATION.—In carrying out the grant program 

established under paragraph (1), the Secretary shall coordinate 

with the Secretary of Health and Human Services and the 

heads of other appropriate Federal agencies that carry out 

activities relating to healthcare partners. 

‘‘(5) PARTNERSHIPS.— 

‘‘(A) IN GENERAL.—In carrying out the grant program 

under paragraph (1), the Secretary may enter into 1 or 

more memoranda of understanding with a Federal agency, 

a State, or a private entity to ensure the effective 

implementation and evaluation of each project. 

‘‘(B) MEMORANDUM OF UNDERSTANDING.—A memorandum of understanding entered into under subparagraph 

(A) shall include— 

‘‘(i) a description of a plan to provide educational 

opportunities relating to nutrition to members participating in produce prescription projects; 

‘‘(ii) a description of the role of the Federal agency, 

State, or private entity, as applicable, in implementing 

and evaluating an effective produce prescription 

project; and 

‘‘(iii) documentation of a partnership agreement 

with a relevant State Medicaid agency or other appropriate entity, as determined by the Secretary. 

‘‘(d) APPLICABILITY.— 

‘‘(1) IN GENERAL.—The value of any benefit provided to 

a participant in any activity funded under subsections (b) or 

(c) shall be treated as supplemental nutrition benefits under 

section 8(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 

2017(b)). 

‘‘(2) PROHIBITION ON COLLECTION OF SALES TAXES.—Each 

State shall ensure that no State or local tax is collected on 

a purchase of food with assistance provided under subsections 

(b) and (c). 

‘‘(3) NO LIMITATION ON BENEFITS.—Grants made available 

under subsections (b) and (c) shall not be used to carry out 

any project that limits the use of benefits under the Food 

and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other 

Federal nutrition law. 

‘‘(4) HOUSEHOLD ALLOTMENT.—Assistance provided under 

subsections (b) and (c) to households receiving benefits under 

the supplemental nutrition assistance program shall not— 

‘‘(A) be considered part of the supplemental nutrition 

assistance program benefits of the household; or 

‘‘(B) be used in the collection or disposition of claims 

under section 13 of the Food and Nutrition Act of 2008 

(7 U.S.C. 2022). 

‘‘(e) NUTRITION INCENTIVE PROGRAM TRAINING, TECHNICAL

ASSISTANCE, EVALUATION, AND INFORMATION CENTERS.— 

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

‘‘(A) establish 1 or more Nutrition Incentive Program 

Training, Technical Assistance, Evaluation, and Information Centers, in consultation with the Director of the 

National Institute of Food and Agriculture; and 


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132 STAT. 4662 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(B) to the extent practicable, consult on the design 

and scope of such Centers with grocers, farmers, health 

professionals, researchers, incentive program managers, 

and employees of the Department of Agriculture with direct 

experience with implementation of existing incentive programs or projects. 

‘‘(2) ESTABLISHMENT.—The Centers shall be capable of providing services related to grants under subsections (b) and 

(c), including— 

‘‘(A) offering incentive program training and technical 

assistance to applicants and grantees to the extent practicable, including— 

‘‘(i) collecting and providing information on best 

practices that may include communications, signage, 

record-keeping, incentive instruments, development 

and integration of point of sale systems, and reporting; 

‘‘(ii) disseminating information and assisting with 

collaboration among grantee projects, applicable State 

agencies, and nutrition education programs; 

‘‘(iii) facilitating communication between grantees 

and the Department of Agriculture and applicable 

State agencies; and 

‘‘(iv) providing support for the development of best 

practices for produce prescription projects and the 

sharing of information among eligible entities and 

healthcare providers that participate in a produce 

prescription project under subsection (c); and 

‘‘(v) other services identified by the Secretary; and 

‘‘(B) creating a system to collect and compile core data 

sets from eligible entities that— 

‘‘(i) uses standard metrics with consideration of 

outcome measures for existing projects; 

‘‘(ii) includes to the extent practicable grocers, 

farmers, health professionals, researchers, incentive 

program managers, and employees of the Department 

of Agriculture with direct experience with implementation of existing incentive programs in the design of 

the instrument through which data will be collected 

and the mechanism for reporting; 

‘‘(iii) compiles project data from grantees, and 

beginning in fiscal year 2020 generates an annual 

report to Congress on grant outcomes, including— 

‘‘(I) the results of the project; and 

‘‘(II) the amount of grant funds used for the 

project; and 

‘‘(iv) creates and maintains a publicly accessible 

online site that makes annual reports and incentive 

program information available in an anonymized format that protects confidential, personal, or other sensitive data. 

‘‘(3) COOPERATIVE AGREEMENT.— 

‘‘(A) IN GENERAL.—To carry out paragraph (1), the 

Secretary may, on a competitive basis, enter into 1 or 

more cooperative agreements with 1 or more organizations 

with expertise in developing outcome-based reporting, at 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4663 

least 1 of which has expertise in the food insecurity nutrition incentive program and at least 1 of which has expertise 

in produce prescription projects. 

‘‘(B) INCLUSION.—The organizations referred to in 

subparagraph (A) may include— 

‘‘(i) nongovernmental organizations; 

‘‘(ii) State cooperative extension services; 

‘‘(iii) regional food system centers; 

‘‘(iv) Federal, State, or Tribal agencies; 

‘‘(v) institutions of higher education (as defined 

in section 101(a) of the Higher Education Act of 1965 

(20 U.S.C. 1001(a))); or 

‘‘(vi) other appropriate entities as determined by 

the Secretary.’’. 

(b) CONFORMING AMENDMENT.—The table of contents of the 

Food, Conservation, and Energy Act of 2008 (Public Law 113– 

188) is amended by striking the item relating to section 4405 

and inserting the following: 

‘‘Sec. 4405. The Gus Schumacher nutrition incentive program.’’. 

SEC. 4206. MICRO-GRANTS FOR FOOD SECURITY. 

(a) PURPOSE.—The purpose of this section is to increase the 

quantity and quality of locally grown food through small-scale gardening, herding, and livestock operations in food insecure communities in areas of the United States that have significant levels 

of food insecurity and import a significant quantity of food. 

(b) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an 

entity that— 

(A) is— 

(i) an individual; 

(ii) an Indian tribe or tribal organization, as 

defined in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304); 

(iii) a nonprofit organization engaged in increasing 

food security, as determined by the Secretary, 

including— 

(I) a religious organization; 

(II) a food bank; or 

(III) a food pantry; 

(iv) a federally funded educational facility, 

including— 

(I) a Head Start program or an Early Head 

Start program carried out under the Head Start 

Act (42 U.S.C. 9831 et seq.); 

(II) a public elementary school or public secondary school; 

(III) a public institution of higher education 

(as defined in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001)); 

(IV) a Tribal College or University (as defined 

in section 316(b) of the Higher Education Act of 

1965 (20 U.S.C. 1059c(b))); or 

(V) a job training program; or 

(v) a local or Tribal government that may not 

levy local taxes under State or Federal law; and 

(B) is located in an eligible State. 

7 USC 7518. 


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132 STAT. 4664 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) ELIGIBLE STATE.—The term ‘‘eligible State’’ means— 

(A) the State of Alaska; 

(B) the State of Hawaii; 

(C) American Samoa; 

(D) the Commonwealth of the Northern Mariana 

Islands; 

(E) the Commonwealth of Puerto Rico; 

(F) the Federated States of Micronesia; 

(G) Guam; 

(H) the Republic of the Marshall Islands; 

(I) the Republic of Palau; and 

(J) the United States Virgin Islands. 

(c) ESTABLISHMENT.—The Secretary shall distribute funds to 

the agricultural department or agency of each eligible State for 

the competitive distribution of subgrants to eligible entities to 

increase the quantity and quality of locally grown food in food 

insecure communities, including through small-scale gardening, 

herding, and livestock operations. 

(d) DISTRIBUTION OF FUNDS.— 

(1) IN GENERAL.—Of the amount made available under 

subsection (g), the Secretary shall distribute— 

(A) 40 percent to the State of Alaska; 

(B) 40 percent to the State of Hawaii; and 

(C) 2.5 percent to each eligible State described in any 

of subparagraphs (C) through (J) of subsection (b)(2). 

(2) CARRYOVER OF FUNDS.—Funds distributed under paragraph (1) shall remain available until expended. 

(3) ADMINISTRATIVE FUNDS.—An eligible State that receives 

funds under paragraph (1) may use not more than 3 percent 

of those funds— 

(A) to administer the competition for providing subgrants to eligible entities in that eligible State; 

(B) to provide oversight of the subgrant recipients in 

that eligible State; and 

(C) to collect data and submit a report to the Secretary 

under subsection (f)(2). 

(e) SUBGRANTS TO ELIGIBLE ENTITIES.— 

(1) AMOUNT OF SUBGRANTS.— 

(A) IN GENERAL.—The amount of a subgrant to an 

eligible entity under this section shall be— 

(i) in the case of an eligible entity that is an 

individual, not greater than $5,000 per year; and 

(ii) in the case of an eligible entity described in 

any of clauses (ii) through (v) of subsection (b)(1)(A), 

not greater than $10,000 per year. 

(B) MATCHING REQUIREMENT.—As a condition of 

receiving a subgrant under this section, an eligible entity 

shall provide funds equal to 10 percent of the amount 

received by the eligible entity under the subgrant, to be 

derived from non-Federal sources. A State may waive the 

matching requirement for an individual who otherwise 

meets the requirements to receive a subgrant by the eligible 

State. 

(C) PROJECT PERIOD.—Funds received by an eligible 

entity that is awarded a subgrant under this section shall 

remain available for expenditure not later than 3 years 

after the date the funds are received. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4665 

(2) PRIORITY.—In carrying out the competitive distribution 

of subgrants under subsection (c), an eligible State may give 

priority to an eligible entity that— 

(A) has not previously received a subgrant under this 

section; or 

(B) is located in a community or region in that eligible 

State with the highest degree of food insecurity, as determined by the agricultural department or agency of the 

eligible State. 

(3) PROJECTS.—An eligible State may provide subgrants 

to 2 or more eligible entities to carry out the same project. 

(4) USE OF SUBGRANT FUNDS BY ELIGIBLE ENTITIES.—An 

eligible entity that receives a subgrant under this section shall 

use the funds to engage in activities that will increase the 

quantity and quality of locally grown food for food insecure 

individuals, families, neighborhoods, and communities, 

including by— 

(A) purchasing gardening tools or equipment, soil, soil 

amendments, seeds, plants, animals, canning equipment, 

refrigeration, or other items necessary to grow and store 

food; 

(B) purchasing or building composting units; 

(C) purchasing or building towers designed to grow 

leafy green vegetables; 

(D) expanding an area under cultivation or engaging 

in other activities necessary to be eligible to receive funding 

under the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the 

Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) for 

a high tunnel; 

(E) engaging in an activity that extends the growing 

season; 

(F) starting or expanding hydroponic and aeroponic 

farming of any scale; 

(G) building, buying, erecting, or repairing fencing for 

livestock, poultry, or reindeer; 

(H) purchasing and equipping a slaughter and processing facility approved by the Secretary; 

(I) traveling to participate in agricultural education 

provided by— 

(i) a State cooperative extension service; 

(ii) a land-grant college or university (as defined 

in section 1404 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103)); 

(iii) a Tribal College or University (as defined in 

section 316(b) of the Higher Education Act of 1965 

(20 U.S.C. 1059c(b))); 

(iv) an Alaska Native-serving institution or a 

Native Hawaiian-serving institution (as such terms are 

defined in section 317(b) of the Higher Education Act 

of 1965 (20 U.S.C. 1059d(b))); or 

(v) a Federal or State agency; 

(J) paying for shipping of purchased items relating 

to growing or raising food for local consumption or purchase; 

(K) creating or expanding avenues for— 


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132 STAT. 4666 PUBLIC LAW 115–334—DEC. 20, 2018 

(i) the sale of food commodities, specialty crops, 

and meats that are grown by the eligible entity for 

sale in the local community; or 

(ii) increasing the availability of fresh, locally 

grown, and nutritious food; and 

(L) engaging in other activities relating to increasing 

food security (including subsistence), as determined by the 

Secretary. 

(5) ELIGIBILITY FOR OTHER FINANCIAL ASSISTANCE.—An 

eligible entity shall not be ineligible to receive financial assistance under another program administered by the Secretary 

as a result of receiving a subgrant under this section. 

(f) REPORTING REQUIREMENT.— (1) SUBGRANT RECIPIENTS.—As a condition of receiving a 

subgrant under this section, an eligible entity shall agree to 

submit to the eligible State in which the eligible entity is 

located a report— 

(A) not later than 60 days after the end of the project 

funded by the subgrant; and 

(B) that describes the use of the subgrants by eligible 

entities, the quantity of food grown through small-scale 

gardening, herding, and livestock operations, and the 

number of food insecure individuals fed as a result of 

the subgrant. 

(2) REPORT TO THE SECRETARY.—Not later than 120 days 

after the date on which an eligible State receives a report 

from each eligible entity in that State under paragraph (1), 

the eligible State shall submit to the Secretary a report that 

describes, in the aggregate, the information and data contained 

in the reports received from those eligible entities. 

(g) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this 

section $10,000,000 for fiscal year 2019 and each fiscal year 

thereafter, to remain available until expended. 

(2) APPROPRIATIONS IN ADVANCE.—Only funds appropriated 

under paragraph (1) in advance specifically to carry out this 

section shall be available to carry out this section. 

SEC. 4207. BUY AMERICAN REQUIREMENTS. 

(a) ENFORCEMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Agriculture shall— 

(1) enforce full compliance with the requirements of section 

12(n) of the Richard B. Russell National School Lunch Act 

(42 U.S.C. 1760(n)) for purchases of agricultural commodities, 

including fish, meats, vegetables, and fruits, and the products 

thereof, and 

(2) ensure that States and school food authorities fully 

understand their responsibilities under such Act. 

(b) REQUIREMENT.—The products of the agricultural commodities described in subsection (a)(1) shall be processed in the United 

States and substantially contain— 

(1) meats, vegetables, fruits, and other agricultural 

commodities produced in— 

(A) a State, 

(B) the District of Columbia, 

(C) the Commonwealth of Puerto Rico, or 

42 USC 1760 

note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4667 

(D) any territory or possession of the United States, 

or 

(2) fish harvested— 

(A) within the Exclusive Economic Zone of the United 

States, as described in Presidential Proclamation 5030 (48 

Fed. Reg. 10605; March 10, 1983), or 

(B) by a United States flagged vessel. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to Congress 

a report on the actions the Secretary has taken, and plans to 

take, to comply with this section. 

SEC. 4208. HEALTHY FLUID MILK INCENTIVES PROJECTS. 

(a) DEFINITION OF FLUID MILK.—In this section the term ‘‘fluid 

milk’’ means all varieties of pasteurized cow’s milk that— 

(1) is without flavoring or sweeteners, 

(2) is consistent with the most recent dietary recommendations, 

(3) is packaged in liquid form, and 

(4) contains vitamins A and D at levels consistent with 

the Food and Drug Administration, State, and local standards 

for fluid milk. 

(b) PROJECTS.—The Secretary of Agriculture shall carry out, 

under such terms and conditions as the Secretary considers to 

be appropriate, healthy fluid milk incentive projects to develop 

and test methods to increase the purchase and consumption of 

fluid milk by members of households that receive supplemental 

nutrition assistance program benefits by providing an incentive 

for the purchase of fluid milk at the point of purchase to members 

of households purchasing food with supplemental nutrition assistance program benefits. 

(c) GRANTS OR COOPERATIVE AGREEMENTS.— 

(1) IN GENERAL.—To carry out this section, the Secretary, 

on a competitive basis, shall enter into cooperative agreements 

with, or provide grants to, governmental entities or nonprofit 

organizations for projects that meet the purpose and selection 

criteria specified in this subsection. 

(2) APPLICATION.—To be eligible to enter into a cooperative 

agreement or receive a grant under this subsection, a government entity or nonprofit organization shall submit to the Secretary an application containing such information as the Secretary may require. 

(3) SELECTION CRITERIA.—Projects proposed in applications 

shall be evaluated against publicly disseminated criteria that 

shall incorporate a scientifically based strategy that is designed 

to improve diet quality and nutritional outcomes through the 

increased purchase of fluid milk by members of households 

that participate in the supplemental nutrition assistance program. 

(4) USE OF FUNDS.—Funds made available to carry out 

this section shall not be used for any project that limits the 

use of benefits provided under the Food and Nutrition Act 

of 2008. 

(d) EVALUATION AND REPORTING.— 

(1) EVALUATION.— 

(A) INDEPENDENT EVALUATION.— 

7 USC 2026a 

note. 


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132 STAT. 4668 PUBLIC LAW 115–334—DEC. 20, 2018 

(i) IN GENERAL.—The Secretary shall provide for 

an independent evaluation of projects selected under 

this section that measures, to the maximum extent 

practicable, the impact on health and nutrition. 

(ii) REQUIREMENT.—The independent evaluation 

under this subparagraph shall use rigorous methodologies, particularly random assignment or other methods 

that are capable of producing scientifically valid 

information regarding which activities are effective. 

(B) COSTS.—The Secretary may use funds not to exceed 

7 percent of the funding provided to carry out this section 

to pay costs associated with evaluating the outcomes of 

the healthy fluid milk incentive projects. 

(2) REPORTING.—Not later than December 31 of 2020, and 

biennially thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry of the 

Senate a report that includes a description of— 

(A) the status of each healthy fluid milk incentives 

project, and 

(B) the results of any completed evaluation that— 

(i) include, to the maximum extent practicable, 

the impact of the healthy fluid milk incentive projects 

on health and nutrition outcomes among households 

participating in such projects, and 

(ii) have not been submitted in a previous report 

under this paragraph. 

(3) PUBLIC DISSEMINATION.—In addition to the reporting 

requirements under paragraph (2), evaluation results shall be 

shared publicly to promote wide use of successful strategies. 

(e) FUNDING.— (1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $20,000,000 to carry out and evaluate 

the outcomes of projects under this section, to remain available 

until expended. 

(2) APPROPRIATIONS IN ADVANCE.—Only funds appropriated 

under paragraph (1) in advance specifically to carry out this 

section shall be available to carry out this section. 

TITLE V—CREDIT 

Subtitle A—Farm Ownership Loans 

SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE ELIGIBILITY 

REQUIREMENT FOR FARM OWNERSHIP LOANS. 

Section 302(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)) is amended by adding at the end 

the following: 

‘‘(4) WAIVER AUTHORITY.—In the case of a qualified beginning farmer or rancher, the Secretary may— 

‘‘(A) reduce the 3-year requirement in paragraph (1) 

to 1 or 2 years, if the farmer or rancher has— 

‘‘(i) not less than 16 credit hours of post-secondary 

education in a field related to agriculture; 

‘‘(ii) successfully completed a farm management 

curriculum offered by a cooperative extension service, 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4669 

a community college, an adult vocational agriculture 

program, a nonprofit organization, or a land-grant college or university; 

‘‘(iii) at least 1 year of experience as hired farm 

labor with substantial management responsibilities; 

‘‘(iv) successfully completed a farm mentorship, 

apprenticeship, or internship program with an 

emphasis on management requirements and day-today farm management decisions; 

‘‘(v) significant business management experience; 

‘‘(vi) been honorably discharged from the armed 

forces of the United States; 

‘‘(vii) successfully repaid a youth loan made under 

section 311(b); or 

‘‘(viii) an established relationship with an individual who has experience in farming or ranching, 

or is a retired farmer or rancher, and is participating 

as a counselor in a Service Corps of Retired Executives 

program authorized under section 8(b)(1)(B) of the 

Small Business Act (15 U.S.C. 637(b)(1)(B)), or with 

a local farm or ranch operator or organization, 

approved by the Secretary, that is committed to mentoring the farmer or rancher; or 

‘‘(B) waive the 3-year requirement in paragraph (1) 

if the farmer or rancher meets the requirements of clauses 

(iii) and (viii) of subparagraph (A).’’. 

SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM. 

Section 304(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(h)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 5103. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS. 

Section 305 of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1925) is amended— 

(1) in subsection (a)(2)— 

(A) by striking ‘‘$300,000’’ and inserting ‘‘$600,000’’; 

(B) by striking ‘‘$700,000’’ and inserting ‘‘$1,750,000’’; 

and 

(C) by striking ‘‘2000’’ and inserting ‘‘2019’’; and 

(2) in subsection (c)— 

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

‘‘July’’; and 

(B) in paragraph (2), by striking ‘‘ending on August 

31, 1996’’ and inserting ‘‘that immediately precedes the 

12-month period described in paragraph (1)’’. 

SEC. 5104. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND 

SUCCESSION ON FARMLAND. 

Subtitle A of title III of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1922 et seq.) is amended by adding 

at the end the following: 

‘‘SEC. 310I. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND 

SUCCESSION ON FARMLAND. 

‘‘(a) IN GENERAL.—The Secretary may make loans to eligible 

entities described in subsection (b) so that the eligible entities 

7 USC 1936c. 


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132 STAT. 4670 PUBLIC LAW 115–334—DEC. 20, 2018 

may relend the funds to individuals and entities for the purposes 

described in subsection (c). 

‘‘(b) ELIGIBLE ENTITIES.—Entities eligible for loans described 

in subsection (a) are cooperatives, credit unions, and nonprofit 

organizations with— 

‘‘(1) certification under section 1805.201 of title 12, Code 

of Federal Regulations (or successor regulations), to operate 

as a lender; 

‘‘(2) experience assisting socially disadvantaged farmers 

and ranchers (as defined in subsection (a) of section 2501 of 

the Food, Agriculture, Conservation, and Trade Act of 1990 

(7 U.S.C. 2279)) or limited resource or new and beginning 

farmers and ranchers, rural businesses, cooperatives, or credit 

unions, including experience in making and servicing agricultural and commercial loans; and 

‘‘(3) the ability to provide adequate assurance of the repayment of a loan. 

‘‘(c) ELIGIBLE PURPOSES.—The proceeds from loans made by 

the Secretary pursuant to subsection (a) shall be re-lent by eligible 

entities for projects that assist heirs with undivided ownership 

interests to resolve ownership and succession on farmland that 

has multiple owners. 

‘‘(d) PREFERENCE.—In making loans under subsection (a), the 

Secretary shall give preference to eligible entities— 

‘‘(1) with not less than 10 years of experience serving 

socially disadvantaged farmers and ranchers; and 

‘‘(2) in States that have adopted a statute consisting of 

an enactment or adoption of the Uniform Partition of Heirs 

Property Act, as approved and recommended for enactment 

in all States by the National Conference of Commissioners 

on Uniform State Laws in 2010, that relend to owners of 

heirs property (as defined in that Act). 

‘‘(e) LOAN TERMS AND CONDITIONS.—The following terms and 

conditions shall apply to loans made under this section: 

‘‘(1) The interest rate at which intermediaries may borrow 

funds under this section shall be determined by the Secretary. 

‘‘(2) The rates, terms, and payment structure for borrowers 

to which intermediaries lend shall be— 

‘‘(A) determined by the intermediary in an amount 

sufficient to cover the cost of operating and sustaining 

the revolving loan fund; and 

‘‘(B) clearly and publicly disclosed to qualified ultimate 

borrowers. 

‘‘(3) Borrowers to which intermediaries lend shall be— 

‘‘(A) required to complete a succession plan as a condition of the loan; and 

‘‘(B) be offered the opportunity to borrow sufficient 

funds to cover costs associated with the succession plan 

under subparagraph (A) and other associated legal and 

closing costs. 

‘‘(f) REPORT.—Not later than 1 year after the date of enactment 

of this section, the Secretary shall submit to the Committee on 

Agriculture of the House of Representatives and the Committee 

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

describing the operation and outcomes of the program under this 

section, with recommendations on how to strengthen the program. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4671 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000 for each 

of fiscal years 2019 through 2023.’’. 

Subtitle B—Operating Loans 

SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS. 

Section 313 of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1943) is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘$300,000’’ and inserting ‘‘$400,000’’; 

(B) by striking ‘‘$700,000’’ and inserting ‘‘$1,750,000’’; 

and 

(C) by striking ‘‘2000’’ and inserting ‘‘2019’’; and 

(2) in subsection (b)— 

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

‘‘July’’; and 

(B) in paragraph (2), by striking ‘‘ending on August 

31, 1996’’ and inserting ‘‘that immediately precedes the 

12-month period described in paragraph (1)’’. 

SEC. 5202. MICROLOANS. 

Section 313(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(c)(2)) is amended by striking ‘‘title’’ and 

inserting ‘‘subsection’’. 

SEC. 5203. COOPERATIVE LENDING PILOT PROJECTS. 

Section 313(c)(4)(A) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1943(c)(4)(A)) is amended by striking 

‘‘2018’’ and inserting ‘‘2023’’. 

Subtitle C—Administrative Provisions 

SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS PILOT PROGRAM. 

Section 333B(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b(h)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 5302. LOAN AUTHORIZATION LEVELS. 

Section 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended— 

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

‘‘$4,226,000,000 for each of fiscal years 2008 through 2018’’ 

and inserting ‘‘$10,000,000,000 for each of fiscal years 2019 

through 2023’’; and 

(2) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) $3,000,000,000 shall be for direct loans, of which— 

‘‘(i) $1,500,000,000 shall be for farm ownership 

loans under subtitle A; and 

‘‘(ii) $1,500,000,000 shall be for operating loans 

under subtitle B; and 

‘‘(B) $7,000,000,000 shall be for guaranteed loans, of 

which— 


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132 STAT. 4672 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(i) $3,500,000,000 shall be for farm ownership 

loans under subtitle A; and 

‘‘(ii) $3,500,000,000 shall be for operating loans 

under subtitle B.’’. 

SEC. 5303. LOAN FUND SET-ASIDES. 

Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by 

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

SEC. 5304. USE OF ADDITIONAL FUNDS FOR DIRECT OPERATING 

MICROLOANS UNDER CERTAIN CONDITIONS. 

Section 346(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)) is amended by adding at the end 

the following: 

‘‘(5) USE OF ADDITIONAL FUNDS FOR DIRECT OPERATING

MICROLOANS UNDER CERTAIN CONDITIONS.— 

‘‘(A) IN GENERAL.—If the Secretary determines that 

the amount needed for a fiscal year for direct operating 

loans (including microloans) under subtitle B is greater 

than the aggregate principal amount authorized for that 

fiscal year by this Act, an appropriations Act, or any other 

provision of law, the Secretary shall make additional 

microloans under subtitle B using amounts made available 

under subparagraph (C). 

‘‘(B) NOTICE.—Not later than 15 days before the date 

on which the Secretary uses the authority under subparagraph (A), the Secretary shall submit a notice of the use 

of that authority to— 

‘‘(i) the Committee on Appropriations of the House 

of Representatives; 

‘‘(ii) the Committee on Appropriations of the 

Senate; 

‘‘(iii) the Committee on Agriculture of the House 

of Representatives; and 

‘‘(iv) the Committee on Agriculture, Nutrition, and 

Forestry of the Senate. 

‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated to carry out this paragraph 

$5,000,000 for each of fiscal years 2019 through 2023.’’. 

SEC. 5305. EQUITABLE RELIEF. 

The Consolidated Farm and Rural Development Act is amended 

by inserting after section 365 (7 U.S.C. 2008) the following: 

‘‘SEC. 366. EQUITABLE RELIEF. 

‘‘(a) IN GENERAL.—Subject to subsection (b), the Secretary may 

provide a form of relief described in subsection (c) to any farmer 

or rancher who— 

‘‘(1) received a direct farm ownership, operating, or emergency loan under this title; and 

‘‘(2) the Secretary determines is not in compliance with 

the requirements of this title with respect to the loan. 

‘‘(b) LIMITATION.—The Secretary may only provide relief to a 

farmer or rancher under subsection (a) if the Secretary determines 

that the farmer or rancher— 

‘‘(1) acted in good faith; and 

7 USC 2008a. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4673 

‘‘(2) relied on an action of, or the advice of, the Secretary 

(including any authorized representative of the Secretary) to 

the detriment of the farming or ranching operation of the 

farmer or rancher. 

‘‘(c) FORMS OF RELIEF.—The Secretary may provide to a farmer 

or rancher under subsection (a) any of the following forms of relief: 

‘‘(1) The farmer or rancher may retain loans or other benefits received in association with the loan with respect to which 

the farmer or rancher was determined to be noncompliant 

under subsection (a)(2). 

‘‘(2) The farmer or rancher may receive such other equitable 

relief as the Secretary determines to be appropriate. 

‘‘(d) CONDITION.—As a condition of receiving relief under this 

section, the Secretary may require the farmer or rancher to take 

actions designed to remedy the noncompliance. 

‘‘(e) ADMINISTRATIVE APPEAL; JUDICIAL REVIEW.—A determination or action of the Secretary under this section— 

‘‘(1) shall be final; and 

‘‘(2) shall not be subject to administrative appeal or judicial 

review under chapter 7 of title 5, United States Code.’’. 

SEC. 5306. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS; 

QUALIFIED BEGINNING FARMERS AND RANCHERS. 

The Consolidated Farm and Rural Development Act is amended 

by inserting after section 366 (as added by section 5305) the following: 

‘‘SEC. 367. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS; 

QUALIFIED BEGINNING FARMERS AND RANCHERS. 

‘‘In the case of a loan guaranteed by the Secretary under 

subtitle A or B to a socially disadvantaged farmer or rancher 

(as defined in section 355(e)) or a qualified beginning farmer or 

rancher, the Secretary may provide for a standard guarantee plan, 

which shall cover an amount equal to 95 percent of the outstanding 

principal of the loan.’’. 

SEC. 5307. EMERGENCY LOAN ELIGIBILITY. 

Section 373(b)(2)(B) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 2008h(b)(2)(B)) is amended— 

(1) by redesignating clauses (i) and (ii) as subclauses (I) 

and (II), respectively, and indenting appropriately; 

(2) in the matter preceding subclause (I) (as so redesignated), by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(i) IN GENERAL.—The Secretary’’; and 

(3) by adding at the end the following: 

‘‘(ii) RESTRUCTURED LOANS.—For purposes of 

clause (i), a borrower who was restructured with a 

write-down or restructuring under section 353 shall 

not be considered to have received debt forgiveness 

on a loan made or guaranteed under this title.’’. 

7 USC 2008b. 


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132 STAT. 4674 PUBLIC LAW 115–334—DEC. 20, 2018 

Subtitle D—Miscellaneous 

SEC. 5401. TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM 

AND RURAL DEVELOPMENT ACT. 

(a)(1) Section 321(a) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1961(a)) is amended in the second sentence by striking ‘‘and limited liability companies’’ and inserting 

‘‘limited liability companies, and such other legal entities’’. 

(2) The amendment made by this subsection shall take effect 

as if included in the enactment of section 5201(2)(C) of the Agricultural Act of 2014 (Public Law 113–79) in lieu of the amendment 

made by such section. 

(b)(1) Section 331D(e) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1981d(e)) is amended by inserting after 

‘‘within 60 days after receipt of the notice required in this section’’ 

the following: ‘‘or, in extraordinary circumstances as determined 

by the applicable State director, after the 60-day period’’. 

(2) The amendment made by this subsection shall take effect 

as if included in the enactment of section 10 of the Agricultural 

Credit Improvement Act of 1992 (Public Law 102–554). 

(c)(1) Section 333A(f)(1)(A) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking 

‘‘114’’ and inserting ‘‘339’’. 

(2) The amendment made by this subsection shall take effect 

as if included in the enactment of section 14 of the Agricultural 

Credit Improvement Act of 1992 (Public Law 102–554). 

(d) Section 339(d)(3) of the Consolidated Farm and Rural 

Development Act (7 U.S.C.1989(d)(3)) is amended by striking ‘‘preferred certified lender’’ and inserting ‘‘Preferred Certified Lender’’. 

(e)(1) Section 343(a)(11)(C) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by striking 

‘‘or joint operators’’ and inserting ‘‘joint operator, or owners’’. 

(2) The amendment made by this subsection shall take effect 

as of the effective date of section 5303(a)(2) of the Agricultural 

Act of 2014 (Public Law 113–79). 

(f)(1) Section 343(b) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1991(b)) is amended by striking ‘‘307(e)’’ 

and inserting ‘‘307(d)’’. 

(2) The amendment made by paragraph (1) shall take effect 

as of the date of enactment of the Agricultural Act of 2014 (Public 

Law 113–79). 

(g) Section 346(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.1994(a)) is amended by striking the last comma. 

SEC. 5402. STATE AGRICULTURAL MEDIATION PROGRAMS. 

(a) ISSUES COVERED BY STATE MEDIATION PROGRAMS.—Section 

501(c) of the Agricultural Credit Act of 1987 (7 U.S.C. 5101(c)) 

is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (B)— 

(i) in the matter preceding clause (i), by striking 

‘‘under the jurisdiction of the Department of Agriculture’’; 

(ii) in clause (ii), by inserting ‘‘and the national 

organic program established under the Organic Foods 

7 USC 1901 note. 

7 USC 1991 note. 

7 USC 1983a 

note. 

7 USC 1981d 

note. 

7 USC 1961 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4675 

Production Act of 1990 (7 U.S.C. 6501 et seq.)’’ before 

the period at the end; and 

(iii) by striking clause (vii) and inserting the following: 

‘‘(vii) Lease issues, including land leases and equipment leases. 

‘‘(viii) Family farm transition. 

‘‘(ix) Farmer-neighbor disputes. 

‘‘(x) Such other issues as the Secretary or the 

head of the department of agriculture of each participating State considers appropriate for better serving 

the agricultural community and persons eligible for 

mediation.’’; and 

(B) by adding at the end the following: 

‘‘(C) MEDIATION SERVICES.—Funding provided for the 

mediation program of a qualifying State may also be used 

to provide credit counseling to persons described in paragraph (2)— 

‘‘(i) prior to the initiation of any mediation 

involving the Department of Agriculture; or 

‘‘(ii) unrelated to any ongoing dispute or mediation 

in which the Department of Agriculture is a party.’’; 

(2) in paragraph (2)(A)— 

(A) in clause (ii), by striking ‘‘and’’ after the semicolon; 

(B) in clause (iii), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(iv) any other persons involved in an issue for 

which mediation services are provided by a mediation 

program described in paragraph (1)(B).’’; and 

(3) in paragraph (3)(F), by striking ‘‘that persons’’ and 

inserting the following: ‘‘that— 

‘‘(i) the Department of Agriculture receives adequate notification of those issues; and 

‘‘(ii) persons’’. 

(b) REPORT REQUIRED.—Section 505 of the Agricultural Credit 

Act of 1987 (7 U.S.C. 5105) is amended to read as follows: 

‘‘SEC. 505. REPORT. 

‘‘Not later than 2 years after the date of enactment of the 

Agriculture Improvement Act of 2018, the Secretary shall submit 

to Congress a report describing— 

‘‘(1) the effectiveness of the State mediation programs 

receiving matching grants under this subtitle; 

‘‘(2) recommendations for improving the delivery of mediation services to producers; 

‘‘(3) the steps being taken to ensure that State mediation 

programs receive timely funding under this subtitle; and 

‘‘(4) the savings to the States as a result of having a 

mediation program.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 506 of the 

Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by 

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

SEC. 5403. COMPENSATION OF BANK DIRECTORS. 

Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209) 

is repealed. 


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132 STAT. 4676 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 5404. SHARING OF PRIVILEGED AND CONFIDENTIAL INFORMATION. 

Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) 

is amended by adding at the end the following: 

‘‘(e) SHARING OF PRIVILEGED AND CONFIDENTIAL INFORMA- TION.—A System institution shall not be considered to have waived 

the confidentiality of a privileged communication with an attorney 

or an accountant if the System institution provides the content 

of the communication to the Farm Credit Administration pursuant 

to the supervisory or regulatory authorities of the Farm Credit 

Administration.’’. 

SEC. 5405. FACILITY HEADQUARTERS. 

Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 2251) 

is amended by striking all that precedes ‘‘to the rental of quarters’’ 

and inserting the following: 

‘‘SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT 

ADMINISTRATION. 

‘‘(a) The Farm Credit Administration shall maintain its principal office within the Washington D.C.-Maryland-Virginia standard 

metropolitan statistical area, and such other offices within the 

United States as in its judgment are necessary. 

‘‘(b) As an alternate’’. 

SEC. 5406. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE 

PROHIBITION. 

Part C of title V of the Farm Credit Act of 1971 is amended 

by inserting after section 5.29 (12 U.S.C. 2265) the following: 

‘‘SEC. 5.29A. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE 

PROHIBITION. 

‘‘(a) DEFINITION OF PERSON.—In this section, the term ‘person’ 

means— 

‘‘(1) an individual; and 

‘‘(2) in the case of a specific determination by the Farm 

Credit Administration, a legal entity. 

‘‘(b) INDUSTRY-WIDE PROHIBITION.—Except as provided in subsection (c), any person who, pursuant to an order issued under 

section 5.28 or 5.29, has been removed or suspended from office 

at a System institution or prohibited from participating in the 

conduct of the affairs of a System institution shall not, during 

the period of effectiveness of the order, continue or commence 

to hold any office in, or participate in any manner in the conduct 

of the affairs of— 

‘‘(1) any insured depository institution subject to section 

8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C. 

1818(e)(7)(A)(i)); 

‘‘(2) any institution subject to section 8(e)(7)(A)(ii) of the 

Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(A)(ii)); 

‘‘(3) any insured credit union under the Federal Credit 

Union Act (12 U.S.C. 1751 et seq.); 

‘‘(4) any Federal home loan bank; 

‘‘(5) any institution chartered under this Act; 

‘‘(6) any appropriate Federal financial institutions regulatory agency (as defined in section 8(e)(7)(D) of the Federal 

Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D))); 

‘‘(7) the Federal Housing Finance Agency; or 

12 USC 2265a. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4677 

‘‘(8) the Farm Credit Administration. 

‘‘(c) EXCEPTION FOR INSTITUTION-AFFILIATED PARTY THAT

RECEIVES WRITTEN CONSENT.— 

‘‘(1) IN GENERAL.— ‘‘(A) AFFILIATED PARTIES.—If, on or after the date on 

which an order described in subsection (b) is issued that 

removes or suspends an institution-affiliated party from 

office at a System institution or prohibits an institutionaffiliated party from participating in the conduct of the 

affairs of a System institution, that party receives written 

consent described in subparagraph (B), subsection (b) shall 

not apply to that party— 

‘‘(i) to the extent provided in the written consent 

received; and 

‘‘(ii) with respect to the institution described in 

each written consent. 

‘‘(B) WRITTEN CONSENT DESCRIBED.—The written consent referred to in subparagraph (A) is written consent 

received from— 

‘‘(i) the Farm Credit Administration; and 

‘‘(ii) each appropriate Federal financial institutions 

regulatory agency (as defined in section 8(e)(7)(D) of 

the Federal Deposit Insurance Act (12 U.S.C. 

1818(e)(7)(D))) of the applicable institution described 

in any of paragraphs (1), (2), (3), or (4) of subsection 

(b) with respect to which the party proposes to be 

become an affiliated party. 

‘‘(2) DISCLOSURE.—Any agency described in clause (i) or 

(ii) of paragraph (1)(B) that provides a written consent under 

that paragraph shall— 

‘‘(A) report the action to the Farm Credit Administration; and 

‘‘(B) publicly disclose the action. 

‘‘(3) CONSULTATION BETWEEN AGENCIES.—The agencies 

described in clauses (i) and (ii) of paragraph (1)(B) shall consult 

with each other before providing any written consent under 

that paragraph. 

‘‘(d) VIOLATIONS.—A violation of subsection (b) by any person 

who is subject to an order described in that subsection shall be 

treated as violation of that order.’’. 

SEC. 5407. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES. 

Part C of title V of the Farm Credit Act of 1971 is amended 

by inserting after section 5.31 (12 U.S.C. 2267) the following: 

‘‘SEC. 5.31A. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES. 

‘‘(a) IN GENERAL.—For purposes of sections 5.25, 5.26, and 

5.32, the jurisdiction of the Farm Credit Administration over parties, and the authority of the Farm Credit Administration to initiate 

actions, shall include enforcement authority over institution-affiliated parties. 

‘‘(b) EFFECT OF SEPARATION ON JURISDICTION AND AUTHORITY.— 

Subject to subsection (c), the resignation, termination of employment or participation, or separation of an institution-affiliated party 

(including a separation caused by the merger, consolidation, conservatorship, or receivership of a Farm Credit System institution) 

shall not affect the jurisdiction and authority of the Farm Credit 

12 USC 2267a. 


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132 STAT. 4678 PUBLIC LAW 115–334—DEC. 20, 2018 

Administration to issue any notice or order and proceed under 

this part against that party. 

‘‘(c) LIMITATION.—To proceed against a party under subsection 

(b), the notice or order described in that subsection shall be served 

not later than 6 years after the date on which the party ceased 

to be an institution-affiliated party with respect to the applicable 

Farm Credit System institution. 

‘‘(d) APPLICABILITY.—The date on which a party ceases to be 

an institution-affiliated party described in subsection (c) may occur 

before, on, or after the date of enactment of this section.’’. 

SEC. 5408. DEFINITION OF INSTITUTION-AFFILIATED PARTY. 

Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) 

is amended— 

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

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

(3) by inserting after paragraph (3) the following: 

‘‘(4) the term ‘institution-affiliated party’ means— 

‘‘(A) a director, officer, employee, shareholder, or agent 

of a System institution; 

‘‘(B) an independent contractor (including an attorney, 

appraiser, or accountant) who knowingly or recklessly 

participates in— 

‘‘(i) a violation of law (including regulations) that 

is associated with the operations and activities of 1 

or more System institutions; 

‘‘(ii) a breach of fiduciary duty; or 

‘‘(iii) an unsafe practice that causes or is likely 

to cause more than a minimum financial loss to, or 

a significant adverse effect on, a System institution; 

and 

‘‘(C) any other person, as determined by the Farm 

Credit Administration (by regulation or on a case-by-case 

basis) who participates in the conduct of the affairs of 

a System institution; and’’. 

SEC. 5409. PROHIBITION ON USE OF FUNDS. 

Section 5.65 of the Farm Credit Act of 1971 (12 U.S.C. 2277a– 

14) is amended by adding at the end the following: 

‘‘(e) PROHIBITION ON USES OF FUNDS RELATED TO FEDERAL

AGRICULTURAL MORTGAGE CORPORATION.—No funds from administrative accounts or from the Farm Credit System Insurance Fund 

may be used by the Corporation to provide assistance to the Federal 

Agricultural Mortgage Corporation or to support any activities 

related to the Federal Agricultural Mortgage Corporation.’’. 

SEC. 5410. EXPANSION OF ACREAGE EXCEPTION TO LOAN AMOUNT 

LIMITATION. 

(a) IN GENERAL.—Section 8.8(c)(2) of the Farm Credit Act of 

1971 (12 U.S.C. 2279aa–8(c)(2)) is amended by striking ‘‘1,000’’ 

and inserting ‘‘2,000’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect 1 year after the date a report submitted in accordance with section 5414 of this Act indicates that it is feasible 

to increase the acreage limitation in section 8.8(c)(2) of the Farm 

Credit Act of 1971 to 2,000 acres. 

12 USC 

2279aa–8 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4679 

SEC. 5411. REPEAL OF OBSOLETE PROVISIONS; TECHNICAL CORRECTIONS. 

(1) Section 1.1(c) of the Farm Credit Act of 1971 (12 U.S.C. 

2001(c)) is amended in the first sentence by striking ‘‘including 

any costs of defeasance under section 4.8(b),’’. 

(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C. 

2002) is amended by striking subsection (a) and inserting the 

following: 

‘‘(a) COMPOSITION.—The Farm Credit System shall include the 

Farm Credit Banks, the bank for cooperatives, Agricultural Credit 

Banks, the Federal Land Bank Associations, the Federal Land 

Credit Associations, the Production Credit Associations, the agricultural credit associations, the Federal Farm Credit Banks Funding 

Corporation, the Federal Agricultural Mortgage Corporation, service 

corporations established pursuant to section 4.25, and such other 

institutions as may be made a part of the Farm Credit System, 

all of which shall be chartered by and subject to regulation by 

the Farm Credit Administration.’’. 

(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C. 

2075) is amended by striking subsection (d). 

(4) Section 3.0(a) of the Farm Credit Act of 1971 (12 U.S.C. 

2121(a)) is amended— 

(A) in the third sentence, by striking ‘‘and a Central 

Bank for Cooperatives’’; and 

(B) by striking the fifth sentence. 

(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C. 

2123) is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘not merged into 

the United Bank for Cooperatives or the National Bank 

for Cooperatives’’; and 

(ii) in paragraph (2)(A), in the matter preceding 

clause (i), by striking ‘‘(other than the National Bank 

for Cooperatives)’’; 

(B) by striking subsection (b); 

(C) in subsection (a)— 

(i) by striking ‘‘(a)(1) Each bank’’ and inserting 

the following: 

‘‘(a) IN GENERAL.—Each bank’’; and 

(ii) by striking ‘‘(2)(A) If approved’’ and inserting 

the following: 

‘‘(b) NOMINATION AND ELECTION.— 

‘‘(1) IN GENERAL.—If approved’’; 

(D) in subsection (b)(1) (as so designated)— 

(i) in subparagraph (B), by striking ‘‘(B) The total’’ 

and inserting the following: 

‘‘(2) NUMBER OF VOTES.—The total’’; and 

(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and 

(E) in paragraph (2) (as so designated), by striking 

‘‘paragraph’’ and inserting ‘‘subsection’’. 

(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C. 

2126) is amended in the third sentence by striking ‘‘district’’. 

(7) Section 3.7(a) of the Farm Credit Act of 1971 (12 U.S.C. 

2128(a)) is amended by striking the second sentence. 


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132 STAT. 4680 PUBLIC LAW 115–334—DEC. 20, 2018 

(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 

(12 U.S.C. 2129(b)(1)(A)) is amended by inserting ‘‘(or any successor agency)’’ after ‘‘Rural Electrification Administration’’. 

(9) Section 3.9(a) of the Farm Credit Act of 1971 (12 U.S.C. 

2130(a)) is amended by striking the third sentence. 

(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C. 

2131) is amended— 

(A) in subsection (c), by striking the second sentence; 

and 

(B) in subsection (d)— 

(i) by striking ‘‘district’’ each place it appears; and 

(ii) by inserting ‘‘for cooperatives (or any successor 

bank)’’ before ‘‘on account’’. 

(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C. 

2132) is amended— 

(A) in subsection (a), in the first sentence, by striking 

‘‘subsections (b) and (c) of this section’’ and inserting ‘‘subsection (b)’’; 

(B) in subsection (b)— 

(i) in the first sentence, by striking ‘‘district’’; and 

(ii) in the second sentence, by striking ‘‘Except 

as provided in subsection (c) below, all’’ and inserting 

‘‘All’’; 

(C) by striking subsection (c); and 

(D) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively. 

(12) Part B of title III of the Farm Credit Act of 1971 

(12 U.S.C. 2141 et seq.) is amended in the part heading by 

striking ‘‘UNITED AND’’. 

(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C. 

2141) is amended— 

(A) in subsection (a), by striking ‘‘or the United Bank 

for Cooperatives, as the case may be’’; and 

(B) in subsection (b), by striking ‘‘the district banks 

for cooperatives and the Central Bank for Cooperatives’’ 

and inserting ‘‘the constituent banks described in section 

413(b) of the Agricultural Credit Act of 1987 (12 U.S.C. 

2121 note; Public Law 100–233)’’. 

(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C. 

2142) is repealed. 

(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C. 

2149) is amended by striking ‘‘a district bank for cooperatives 

and the Central Bank for Cooperatives’’ and inserting ‘‘the 

constituent banks described in section 413(b) of the Agricultural 

Credit Act of 1987 (12 U.S.C. 2121 note; Public Law 100– 

233)’’. 

(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C. 

2149a) is repealed. 

(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C. 

2151) is repealed. 

(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C. 

2159) is amended— 

(A) by striking the section designation and heading 

and all that follows through ‘‘Each bank’’ in subsection 

(a) and inserting the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4681 

‘‘SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS. 

‘‘Each bank’’; and 

(B) by striking subsection (b). 

(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C. 

2160) is amended— 

(A) in subsection (d)— 

(i) by striking paragraph (2) and inserting the 

following: 

‘‘(3) REPRESENTATION OF BOARD.—The Farm Credit System 

Insurance Corporation shall not have representation on the 

board of directors of the Corporation.’’; 

(ii) in the undesignated matter following paragraph (1)(D), by striking ‘‘In selecting’’ and inserting 

the following: 

‘‘(2) CONSIDERATIONS.—In selecting’’; and 

(iii) in paragraph (2) (as so designated), by 

inserting ‘‘of paragraph (1)’’ after ‘‘(A) and (B)’’; 

(B) by striking subsection (e); and 

(C) by redesignating subsection (f) as subsection (e). 

(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12 

U.S.C. 2162(c)) is amended— 

(A) by striking ‘‘institution, and—’’ in the matter preceding paragraph (1) and all that follows through the period 

at the end of paragraph (2) and inserting ‘‘institution.’’; 

(B) by striking ‘‘If an institution’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—If an institution’’; 

(C) in paragraph (1) (as so designated), by striking 

‘‘the receiver of the institution’’ and inserting ‘‘the Farm 

Credit System Insurance Corporation, acting as receiver,’’; 

and 

(D) by adding at the end the following: 

‘‘(2) FUNDING.—The Farm Credit System Insurance Corporation shall use such funds from the Farm Credit Insurance 

Fund as are sufficient to carry out this section.’’. 

(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12 

U.S.C. 2184(a)) is amended by striking paragraph (1) and 

inserting the following: 

‘‘(1) IN GENERAL.—A Farm Credit System bank or association shall provide to a stockholder of the bank or association 

a current list of stockholders of the bank or association not 

later than 7 calendar days after the date on which the bank 

or association receives a written request for the stockholder 

list from the stockholder.’’. 

(22) Section 4.14A of the Farm Credit Act of 1971 (12 

U.S.C. 2202a) is amended— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1), by 

inserting ‘‘and section 4.36’’ before the colon at the 

end; and 

(ii) in paragraph (5)(B)(ii)(I), by striking ‘‘4.14C,’’; 

(B) by striking subsection (h); 

(C) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and 

(D) in subsection (k) (as so redesignated), by striking 

‘‘production credit’’. 


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132 STAT. 4682 PUBLIC LAW 115–334—DEC. 20, 2018 

(23) Section 4.14C of the Farm Credit Act of 1971 (12 

U.S.C. 2202c) is repealed. 

(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C. 

2205) is amended in the third sentence by striking ‘‘Federal 

intermediate credit banks and’’. 

(25) Section 4.19(a) of the Farm Credit Act of 1971 (12 

U.S.C. 2207(a)) is amended— 

(A) in the first sentence— 

(i) by striking ‘‘district’’; and 

(ii) by striking ‘‘Federal land bank association and 

production credit’’; and 

(B) in the second sentence, by striking ‘‘units’’ and 

inserting ‘‘institutions’’. 

(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C. 

2219c) is amended by striking ‘‘The Assistance Board established under section 6.0 and all’’ and inserting ‘‘All’’. 

(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C. 

2219d) is amended by striking ‘‘8.0(7))’’ and inserting ‘‘8.0)’’. 

(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 

2251) is amended in the undesignated matter following paragraph (5) of subsection (b) (as designated by section 5405)— 

(A) in the fifth sentence, by striking ‘‘In actions undertaken by the banks pursuant to the foregoing provisions 

of this section’’ and inserting the following: 

‘‘(5) AGENT FOR BANKS.—In actions undertaken by the 

banks pursuant to this section’’; 

(B) in the fourth sentence, by striking ‘‘The plans’’ 

and inserting the following: 

‘‘(4) APPROVAL OF BOARD.—The plans’’; 

(C) in the third sentence, by striking ‘‘The powers’’ 

and inserting the following: 

‘‘(3) POWERS OF BANKS.—The powers’’; 

(D) in the second sentence, by striking ‘‘Such advances’’ 

and inserting the following: 

‘‘(2) ADVANCES.—The advances of funds described in paragraph (1)’’; and 

(E) in the first sentence, by striking ‘‘The Board’’ and 

inserting the following: 

‘‘(c) FINANCING.— 

‘‘(1) IN GENERAL.—The Board’’. 

(29) Section 5.17(a)(2) of the Farm Credit Act of 1971 

(12 U.S.C. 2252(a)(2)) is amended by striking the second and 

third sentences. 

(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C. 

2253) is repealed. 

(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 

2254) is amended— 

(A) in subsection (a)— 

(i) in the first sentence, by striking ‘‘Except for 

Federal land bank associations, each’’ and inserting 

‘‘Each’’; and 

(ii) by striking the second sentence; and 

(B) in subsection (b)— 

(i) by striking ‘‘(b)(1) Each’’ and inserting ‘‘(b) 

Each’’; 

(ii) in the matter preceding paragraph (2) (as so 

designated)— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4683 

(I) in the second sentence, by striking ‘‘, except 

with respect to any actions taken by any banks 

of the System under section 4.8(b),’’; and 

(II) by striking the third sentence; and 

(iii) by striking paragraphs (2) and (3). 

(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C. 

2267) is amended in the second sentence by striking ‘‘4.14A(i)’’ 

and inserting ‘‘4.14A(h)’’. 

(33) Section 5.32(h) of the Farm Credit Act of 1971 (12 

U.S.C. 2268(h)) is amended by striking ‘‘4.14A(i)’’ and inserting 

‘‘4.14A(h)’’. 

(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 

2271) is amended in paragraph (5) (as redesignated by section 

5408(2))— 

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

(B) by striking subparagraph (B); 

(C) by redesignating subparagraph (C) as subparagraph (B); and 

(D) in subparagraph (B) (as so redesignated)— 

(i) by striking ‘‘after December 31, 1992,’’; and 

(ii) by striking ‘‘by the Farm Credit System Assistance Board under section 6.6 or’’. 

(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C. 

2274) is amended by striking ‘‘a farm’’ and all that follows 

through ‘‘land bank’’ and inserting ‘‘a Farm Credit Bank board, 

officer, or employee shall not remove any director or officer 

of any’’. 

(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C. 

2275) is repealed. 

(37) Section 5.58(2) of the Farm Credit Act of 1971 (12 

U.S.C. 2277a–7(2)) is amended by striking the second sentence. 

(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C. 

2277a–9) is amended— 

(A) in subsection (b), by striking the subsection designation and heading and all that follows through ‘‘The 

Corporation’’ in paragraph (2) and inserting the following: 

‘‘(b) AMOUNTS IN FUND.—The Corporation’’; and 

(B) in subsection (c)(2), by striking ‘‘Insurance Fund 

to—’’ in the matter preceding subparagraph (A) and all 

that follows through ‘‘ensure’’ in subparagraph (B) and 

inserting ‘‘Insurance Fund to ensure’’. 

(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C. 

2278a et seq.) is repealed. 

(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C. 

2279c–2) is amended by striking subsection (c). 

(41) Section 7.10(a) of the Farm Credit Act of 1971 (12 

U.S.C. 2279d(a)) is amended by striking paragraph (4) and 

inserting the following: 

‘‘(4) the institution pays to the Farm Credit Insurance 

Fund the amount by which the total capital of the institution 

exceeds 6 percent of the assets;’’. 

(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C. 

2279aa) is amended— 

(A) in paragraph (2), by striking ‘‘means—’’ in the 

matter preceding subparagraph (A) and all that follows 

through the period at the end of the undesignated matter 

12 USC 

2278a— 

2278a–13, 

2278b–2— 

2278b–11. 


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132 STAT. 4684 PUBLIC LAW 115–334—DEC. 20, 2018 

following subparagraph (B) and inserting ‘‘means the board 

of directors established under section 8.2.’’; 

(B) by striking paragraphs (6) and (8); 

(C) by redesignating paragraphs (7), (9), and (10) as 

paragraphs (6), (7), and (8), respectively; and 

(D) in subparagraph (B)(i) of paragraph (7) (as so 

redesignated), by striking ‘‘(b) through (d)’’ and inserting 

‘‘(b) and (c)’’. 

(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C. 

2279aa–2) is amended— 

(A) by striking subsection (a); 

(B) in subsection (b), by striking the subsection designation and heading and all that follows through the 

period at the end of paragraph (1) and inserting the following: 

‘‘(a) IN GENERAL.— 

‘‘(1) ESTABLISHMENT.—The Corporation shall be under the 

management of the board of directors.’’; 

(C) in subsection (a) (as so designated)— 

(i) by striking ‘‘permanent board’’ each place it 

appears and inserting ‘‘Board’’; 

(ii) by striking paragraph (3); 

(iii) by redesignating paragraphs (4) through (10) 

as paragraphs (3) through (9), respectively; and 

(iv) in paragraph (3)(A) (as so redesignated), by 

striking ‘‘(6)’’ and inserting ‘‘(5)’’; and 

(D) by redesignating subsection (c) as subsection (b). 

(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12 

U.S.C. 2279aa–4(a)(1)) is amended— 

(A) in the sixth sentence— 

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

‘‘(iii) CLASS B STOCK.—Class B’’; and 

(ii) by striking ‘‘8.2(b)(2)(B)’’ and inserting 

‘‘8.2(a)(2)(B)’’; 

(B) in the fifth sentence— 

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

‘‘(ii) CLASS A STOCK.—Class A’’; and 

(ii) by striking ‘‘8.2(b)(2)(A)’’ and inserting 

‘‘8.2(a)(2)(A)’’; 

(C) in the fourth sentence, by striking ‘‘The stock’’ 

and inserting the following: 

‘‘(D) CLASSES OF STOCK.— 

‘‘(i) IN GENERAL.—The stock’’; 

(D) by striking the third sentence and inserting the 

following: 

‘‘(C) OFFERS.— 

‘‘(i) IN GENERAL.—The Board shall offer the voting 

common stock to banks, other financial institutions, 

insurance companies, and System institutions under 

such terms and conditions as the Board may adopt. 

‘‘(ii) REQUIREMENTS.—The voting common stock 

shall be fairly and broadly offered to ensure that— 

‘‘(I) no institution or institutions acquire a disproportionate share of the total quantity of the 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4685 

voting common stock outstanding of a class of 

stock; and 

‘‘(II) capital contributions and issuances of 

voting common stock for the contributions are 

fairly distributed between entities eligible to hold 

class A stock and class B stock.’’; 

(E) in the second sentence, by striking ‘‘Each share’’ 

and inserting the following: 

‘‘(B) NUMBER OF VOTES.—Each share’’; and 

(F) in the first sentence, by striking ‘‘The Corporation’’ 

and inserting the following: 

‘‘(A) IN GENERAL.—The Corporation’’. 

(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C. 

2279aa–6) is amended— 

(A) by striking subsection (d); 

(B) by redesignating subsection (e) as subsection (d); 

and 

(C) in paragraph (2) of subsection (d) (as so redesignated), by striking ‘‘8.0(9))’’ and inserting ‘‘8.0)’’. 

(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C. 

2279aa–9) is amended by striking ‘‘4.14C,’’ each place it 

appears. 

(47) Section 8.11(e) of the Farm Credit Act of 1971 (12 

U.S.C. 2279aa–11(e)) is amended by striking ‘‘8.0(7))’’ and 

inserting ‘‘8.0)’’. 

(48) Section 8.32(a) of the Farm Credit Act of 1971 (12 

U.S.C. 2279bb–1(a)) is amended— 

(A) in the first sentence of the matter preceding paragraph (1), by striking ‘‘Not sooner than the expiration of 

the 3-year period beginning on the date of enactment of 

the Farm Credit System Reform Act of 1996, the’’ and 

inserting ‘‘The’’; and 

(B) in paragraph (1)(B), by striking ‘‘8.0(9)(C)’’ and 

inserting ‘‘8.0(7)(C)’’. 

(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971 

(12 U.S.C. 2279bb–2(b)(2)(A)) is amended by striking ‘‘8.6(e)’’ 

and inserting ‘‘8.6(d)’’. 

(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C. 

2279bb–4) is amended by striking subsection (e). 

(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C. 

2279bb–7) is repealed. 

(52) Section 4 of the Agricultural Marketing Act (12 U.S.C. 

1141b) is repealed. 

(53) Section 5 of the Agricultural Marketing Act (12 U.S.C. 

1141c) is repealed. 

(54) Section 6 of the Agricultural Marketing Act (12 U.S.C. 

1141d) is repealed. 

(55) Section 7 of the Agricultural Marketing Act (12 U.S.C. 

1141e) is repealed. 

(56) Section 8 of the Agricultural Marketing Act (12 U.S.C. 

1141f) is repealed. 

(57) Section 14 of the Agricultural Marketing Act (12 U.S.C. 

1141i) is repealed. 

(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239; 

12 U.S.C. 1141d–1), is repealed. 

(59) Section 201(e) of the Emergency Relief and Construction Act of 1932 (12 U.S.C. 1148) is repealed. 


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132 STAT. 4686 PUBLIC LAW 115–334—DEC. 20, 2018 

(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150, 

chapter 192; 12 U.S.C. 1148a–4), is repealed. 

(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C. 

1148b) is repealed. 

(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C. 

1148c) is repealed. 

(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C. 

1148d) is repealed. 

(64) The Joint Resolution of March 3, 1932 (47 Stat. 60, 

chapter 70; 12 U.S.C. 1401 et seq.), is repealed. 

SEC. 5412. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN 

OTHER POWERS. 

Part E of title V of the Farm Credit Act of 1971 is amended 

by inserting after section 5.61B (12 U.S.C. 2277a–10b) the following: 

‘‘SEC. 5.61C. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN 

OTHER POWERS. 

‘‘(a) DEFINITION OF INSTITUTION.—In this section, the term 

‘institution’ includes any System institution for which the Corporation has been appointed as conservator or receiver. 

‘‘(b) CERTAIN POWERS AND DUTIES OF CORPORATION AS CONSER- VATOR OR RECEIVER.—In addition to the powers inherent in the 

express grant of corporate authority under section 5.58(9), and 

other powers exercised by the Corporation under this part, the 

Corporation shall have the following express powers to act as a 

conservator or receiver: 

‘‘(1) RULEMAKING AUTHORITY OF CORPORATION.—The Corporation may prescribe such regulations as the Corporation 

determines to be appropriate regarding the conduct of 

conservatorships or receiverships. 

‘‘(2) GENERAL POWERS.— ‘‘(A) SUCCESSOR TO SYSTEM INSTITUTION.—The Corporation shall, as conservator or receiver, and by operation 

of law, succeed to— 

‘‘(i) all rights, titles, powers, and privileges of the 

System institution, and of any stockholder, member, 

officer, or director of such System institution with 

respect to the System institution and the assets of 

the System institution; and 

‘‘(ii) title to the books, records, and assets of any 

previous conservator or other legal custodian of such 

System institution. 

‘‘(B) OPERATE THE SYSTEM INSTITUTION.—The Corporation may, as conservator or receiver— 

‘‘(i) take over the assets of and operate the System 

institution with all the powers of the stockholders or 

members, the directors, and the officers of the System 

institution and conduct all business of the System 

institution; 

‘‘(ii) collect all obligations and money due the 

System institution; 

‘‘(iii) perform all functions of the System institution 

in the name of the System institution which are consistent with the appointment as conservator or 

receiver; 

‘‘(iv) preserve and conserve the assets and property 

of such System institution; and 

12 USC 

2277a–10c. 


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‘‘(v) provide by contract for assistance in fulfilling 

any function, activity, action, or duty of the Corporation 

as conservator or receiver. 

‘‘(C) FUNCTIONS OF SYSTEM INSTITUTION’S OFFICERS, DIRECTORS, MEMBERS, AND STOCKHOLDERS.—The Corporation may, by regulation or order, provide for the exercise 

of any function by any stockholder, member, director, or 

officer of any System institution for which the Corporation 

has been appointed conservator or receiver. 

‘‘(D) POWERS AS CONSERVATOR.—Subject to any Farm 

Credit Administration approvals required under this Act, 

the Corporation may, as conservator, take such action as 

may be— 

‘‘(i) necessary to put the System institution in a 

sound and solvent condition; and 

‘‘(ii) appropriate to carry on the business of the 

System institution and preserve and conserve the 

assets and property of the System institution. 

‘‘(E) ADDITIONAL POWERS AS RECEIVER.—The Corporation may, as receiver, liquidate the System institution and 

proceed to realize upon the assets of the System institution, 

in such manner as the Corporation determines to be appropriate. 

‘‘(F) ORGANIZATION OF NEW SYSTEM BANK.—The Corporation may, as receiver with respect to any System bank, 

organize a bridge System bank under subsection (h). 

‘‘(G) MERGER; TRANSFER OF ASSETS AND LIABILITIES.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), the Corporation may, as conservator or receiver— 

‘‘(I) merge the System institution with another 

System institution; and 

‘‘(II) transfer or sell any asset or liability of 

the System institution in default without any 

approval, assignment, or consent with respect to 

such transfer. 

‘‘(ii) APPROVAL.—No merger or transfer under 

clause (i) may be made to another System institution 

(other than a bridge System bank under subsection 

(h)) without the approval of the Farm Credit Administration. 

‘‘(H) PAYMENT OF VALID OBLIGATIONS.—The Corporation, as conservator or receiver, shall, to the extent that 

proceeds are realized from the performance of contracts 

or the sale of the assets of a System institution, pay all 

valid obligations of the System institution in accordance 

with the prescriptions and limitations of this section. 

‘‘(I) INCIDENTAL POWERS.— 

‘‘(i) IN GENERAL.—The Corporation may, as conservator or receiver— 

‘‘(I) exercise all powers and authorities specifically granted to conservators or receivers, respectively, under this section and such incidental 

powers as shall be necessary to carry out such 

powers; and 

‘‘(II) take any action authorized by this section, 

which the Corporation determines is in the best 

interests of— 


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‘‘(aa) the System institution in receivership or conservatorship; 

‘‘(bb) System institutions; 

‘‘(cc) System institution stockholders or 

investors; or 

‘‘(dd) the Corporation. 

‘‘(ii) TERMINATION OF RIGHTS AND CLAIMS.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), notwithstanding any other provision 

of law, the appointment of the Corporation as 

receiver for a System institution and the succession of the Corporation, by operation of law, to 

the rights, titles, powers, and privileges described 

in subparagraph (A) shall terminate all rights and 

claims that the stockholders and creditors of the 

System institution may have, arising as a result 

of their status as stockholders or creditors, against 

the assets or charter of the System institution 

or the Corporation. 

‘‘(II) EXCEPTIONS.—Subclause (I) shall not 

terminate the right to payment, resolution, or 

other satisfaction of the claims of stockholders and 

creditors described in that subclause, as permitted 

under paragraphs (10) and (11) and subsection 

(d). 

‘‘(iii) CHARTER.—Notwithstanding any other provision of law, for purposes of this section, the charter 

of a System institution shall not be considered to be 

an asset of the System institution. 

‘‘(J) UTILIZATION OF PRIVATE SECTOR.—In carrying out 

its responsibilities in the management and disposition of 

assets from System institutions, as conservator, receiver, 

or in its corporate capacity, the Corporation may utilize 

the services of private persons, including real estate and 

loan portfolio asset management, property management, 

auction marketing, legal, and brokerage services, if the 

Corporation determines utilization of such services is practicable, efficient, and cost effective. 

‘‘(3) AUTHORITY OF RECEIVER TO DETERMINE CLAIMS.— 

‘‘(A) IN GENERAL.—The Corporation may, as receiver, 

determine claims in accordance with the requirements of 

this subsection and regulations prescribed under paragraph 

(4). 

‘‘(B) NOTICE REQUIREMENTS.—The receiver, in any case 

involving the liquidation or winding up of the affairs of 

a closed System institution, shall— 

‘‘(i) promptly publish a notice to the System institution’s creditors to present their claims, together with 

proof, to the receiver by a date specified in the notice 

which shall be not less than 90 days after the publication of such notice; and 

‘‘(ii) republish such notice approximately 1 month 

and 2 months, respectively, after the publication under 

clause (i). 

‘‘(C) MAILING REQUIRED.—The receiver shall mail a 

notice similar to the notice published under subparagraph 


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(B)(i) at the time of such publication to any creditor shown 

on the System institution’s books— 

‘‘(i) at the creditor’s last address appearing in such 

books; or 

‘‘(ii) upon discovery of the name and address of 

a claimant not appearing on the System institution’s 

books within 30 days after the discovery of such name 

and address. 

‘‘(4) RULEMAKING AUTHORITY RELATING TO DETERMINATION

OF CLAIMS.—The Corporation may prescribe regulations 

regarding the allowance or disallowance of claims by the 

receiver and providing for administrative determination of 

claims and review of such determination. 

‘‘(5) PROCEDURES FOR DETERMINATION OF CLAIMS.— ‘‘(A) DETERMINATION PERIOD.— ‘‘(i) IN GENERAL.—Before the end of the 180-day 

period beginning on the date any claim against a 

System institution is filed with the Corporation as 

receiver, the Corporation shall determine whether to 

allow or disallow the claim and shall notify the claimant of any determination with respect to such claim. 

‘‘(ii) EXTENSION OF TIME.—The period described 

in clause (i) may be extended by a written agreement 

between the claimant and the Corporation. 

‘‘(iii) MAILING OF NOTICE SUFFICIENT.—The requirements of clause (i) shall be deemed to be satisfied 

if the notice of any determination with respect to any 

claim is mailed to the last address of the claimant 

which appears— 

‘‘(I) on the System institution’s books; 

‘‘(II) in the claim filed by the claimant; or 

‘‘(III) in documents submitted in proof of the 

claim. 

‘‘(iv) CONTENTS OF NOTICE OF DISALLOWANCE.—If 

any claim filed under clause (i) is disallowed, the notice 

to the claimant shall contain— 

‘‘(I) a statement of each reason for the disallowance; and 

‘‘(II) the procedures available for obtaining 

agency review of the determination to disallow 

the claim or judicial determination of the claim. 

‘‘(B) ALLOWANCE OF PROVEN CLAIMS.—The receiver 

shall allow any claim received on or before the date specified in the notice published under paragraph (3)(B)(i) by 

the receiver from any claimant which is proved to the 

satisfaction of the receiver. 

‘‘(C) DISALLOWANCE OF CLAIMS FILED AFTER END OF

FILING PERIOD.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), claims filed after the date specified in the notice 

published under paragraph (3)(B)(i) shall be disallowed 

and such disallowance shall be final. 

‘‘(ii) CERTAIN EXCEPTIONS.—Clause (i) shall not 

apply with respect to any claim filed by any claimant 

after the date specified in the notice published under 

paragraph (3)(B)(i) and such claim may be considered 

by the receiver if— 


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‘‘(I) the claimant did not receive notice of the 

appointment of the receiver in time to file such 

claim before such date; and 

‘‘(II) such claim is filed in time to permit payment of such claim. 

‘‘(D) AUTHORITY TO DISALLOW CLAIMS.— ‘‘(i) IN GENERAL.—The receiver may disallow any 

portion of any claim by a creditor or claim of security, 

preference, or priority which is not proved to the satisfaction of the receiver. 

‘‘(ii) PAYMENTS TO LESS THAN FULLY SECURED

CREDITORS.—In the case of a claim of a creditor against 

a System institution which is secured by any property 

or other asset of such System institution, any receiver 

appointed for any System institution— 

‘‘(I) may treat the portion of such claim which 

exceeds an amount equal to the fair market value 

of such property or other asset as an unsecured 

claim against the System institution; and 

‘‘(II) may not make any payment with respect 

to such unsecured portion of the claim other than 

in connection with the disposition of all claims 

of unsecured creditors of the System institution. 

‘‘(iii) EXCEPTIONS.—No provision of this paragraph 

shall apply with respect to— 

‘‘(I) any extension of credit from any Federal 

Reserve bank or the United States Treasury to 

any System institution; or 

‘‘(II) any security interest in the assets of the 

System institution securing any such extension of 

credit. 

‘‘(E) NO JUDICIAL REVIEW OF DETERMINATION PURSUANT

TO SUBPARAGRAPH (D).—No court may review the Corporation’s determination pursuant to subparagraph (D) to disallow a claim. 

‘‘(F) LEGAL EFFECT OF FILING.— 

‘‘(i) STATUTE OF LIMITATION TOLLED.—For purposes 

of any applicable statute of limitations, the filing of 

a claim with the receiver shall constitute a commencement of an action. 

‘‘(ii) NO PREJUDICE TO OTHER ACTIONS.—Subject 

to paragraph (12) and the determination of claims by 

a receiver, the filing of a claim with the receiver shall 

not prejudice any right of the claimant to continue 

any action which was filed before the appointment 

of the receiver. 

‘‘(6) PROVISION FOR JUDICIAL DETERMINATION OF CLAIMS.— 

‘‘(A) IN GENERAL.—Before the end of the 60-day period 

beginning on the earlier of— 

‘‘(i) the end of the period described in paragraph 

(5)(A)(i) with respect to any claim against a System 

institution for which the Corporation is receiver; or 

‘‘(ii) the date of any notice of disallowance of such 

claim pursuant to paragraph (5)(A)(i), 

the claimant may request administrative review of the 

claim in accordance with paragraph (7) or file suit on 

such claim (or continue an action commenced before the 


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appointment of the receiver) in the district or territorial 

court of the United States for the district within which 

the System institution’s principal place of business is 

located or the United States District Court for the District 

of Columbia (and such court shall have jurisdiction to hear 

such claim). 

‘‘(B) STATUTE OF LIMITATIONS.—If any claimant fails 

to file suit on such claim (or continue an action commenced 

before the appointment of the receiver), before the end 

of the 60-day period described in subparagraph (A), the 

claim shall be deemed to be disallowed (other than any 

portion of such claim which was allowed by the receiver) 

as of the end of such period, such disallowance shall be 

final, and the claimant shall have no further rights or 

remedies with respect to such claim. 

‘‘(7) REVIEW OF CLAIMS; ADMINISTRATIVE HEARING.—If any 

claimant requests review under this paragraph in lieu of filing 

or continuing any action under paragraph (6) and the Corporation agrees to such request, the Corporation shall consider 

the claim after opportunity for a hearing on the record. The 

final determination of the Corporation with respect to such 

claim shall be subject to judicial review under chapter 7 of 

title 5, United States Code. 

‘‘(8) EXPEDITED DETERMINATION OF CLAIMS.— 

‘‘(A) ESTABLISHMENT REQUIRED.—The Corporation shall 

establish a procedure for expedited relief outside of the 

routine claims process established under paragraph (5) for 

claimants who— 

‘‘(i) allege the existence of legally valid and enforceable or perfected security interests in assets of any 

System institution for which the Corporation has been 

appointed receiver; and 

‘‘(ii) allege that irreparable injury will occur if 

the routine claims procedure is followed. 

‘‘(B) DETERMINATION PERIOD.—Before the end of the 

90-day period beginning on the date any claim is filed 

in accordance with the procedures established pursuant 

to subparagraph (A), the Corporation shall— 

‘‘(i) determine— 

‘‘(I) whether to allow or disallow such claim; 

or 

‘‘(II) whether such claim should be determined 

pursuant to the procedures established pursuant 

to paragraph (5); and 

‘‘(ii) notify the claimant of the determination, and 

if the claim is disallowed, provide a statement of each 

reason for the disallowance and the procedure for 

obtaining agency review or judicial determination. 

‘‘(C) PERIOD FOR FILING OR RENEWING SUIT.—Any 

claimant who files a request for expedited relief shall be 

permitted to file a suit, or to continue a suit filed before 

the appointment of the receiver, seeking a determination 

of the claimant’s rights with respect to such security 

interest after the earlier of— 

‘‘(i) the end of the 90-day period beginning on 

the date of the filing of a request for expedited relief; 

or 


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‘‘(ii) the date the Corporation denies the claim. 

‘‘(D) STATUTE OF LIMITATIONS.—If an action described 

in subparagraph (C) is not filed, or the motion to renew 

a previously filed suit is not made, before the end of the 

30-day period beginning on the date on which such action 

or motion may be filed in accordance with subparagraph 

(B), the claim shall be deemed to be disallowed as of 

the end of such period (other than any portion of such 

claim which was allowed by the receiver), such disallowance 

shall be final, and the claimant shall have no further 

rights or remedies with respect to such claim. 

‘‘(E) LEGAL EFFECT OF FILING.— 

‘‘(i) STATUTE OF LIMITATION TOLLED.—For purposes 

of any applicable statute of limitations, the filing of 

a claim with the receiver shall constitute a commencement of an action. 

‘‘(ii) NO PREJUDICE TO OTHER ACTIONS.—Subject 

to paragraph (12), the filing of a claim with the receiver 

shall not prejudice any right of the claimant to continue 

any action which was filed before the appointment 

of the receiver. 

‘‘(9) AGREEMENT AS BASIS OF CLAIM.— 

‘‘(A) REQUIREMENTS.—Except as provided in subparagraph (B), any agreement which does not meet the requirements set forth in section 5.61(d) shall not form the basis 

of, or substantially comprise, a claim against the receiver 

or the Corporation. 

‘‘(B) EXCEPTION TO CONTEMPORANEOUS EXECUTION

REQUIREMENT.—Notwithstanding section 5.61(d), any 

agreement relating to an extension of credit between a 

Federal Reserve bank or the United States Treasury and 

any System institution which was executed before such 

extension of credit to such System institution shall be 

treated as having been executed contemporaneously with 

such extension of credit for purposes of subparagraph (A). 

‘‘(10) PAYMENT OF CLAIMS.— 

‘‘(A) IN GENERAL.—The receiver may, in the receiver’s 

discretion and to the extent funds are available from the 

assets of the System institution, pay creditor claims which 

are allowed by the receiver, approved by the Corporation 

pursuant to a final determination pursuant to paragraph 

(7) or (8), or determined by the final judgment of any 

court of competent jurisdiction in such manner and 

amounts as are authorized under this Act. 

‘‘(B) LIQUIDATION PAYMENTS.—The receiver may, in the 

receiver’s sole discretion, pay from the assets of the System 

institution portions of proved claims at any time, and no 

liability shall attach to the Corporation (in such Corporation’s corporate capacity or as receiver), by reason of any 

such payment, for failure to make payments to a claimant 

whose claim is not proved at the time of any such payment. 

‘‘(C) RULEMAKING AUTHORITY OF CORPORATION.—The 

Corporation may prescribe such rules, including definitions 

of terms, as it deems appropriate to establish a single 

uniform interest rate for or to make payments of post 

insolvency interest to creditors holding proven claims 


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against the receivership estates of System institutions following satisfaction by the receiver of the principal amount 

of all creditor claims. 

‘‘(11) PRIORITY OF EXPENSES AND CLAIMS.— 

‘‘(A) IN GENERAL.—Amounts realized from the liquidation or other resolution of any System institution by any 

receiver appointed for such System institution shall be 

distributed to pay claims (other than secured claims to 

the extent of any such security) in the following order 

of priority: 

‘‘(i) Administrative expenses of the receiver. 

‘‘(ii) If authorized by the Corporation, wages, salaries, or commissions, including vacation, severance, 

and sick leave pay earned by an individual— 

‘‘(I) in an amount that is not more than 

$11,725 for each individual (as indexed for inflation, by regulation of the Corporation); and 

‘‘(II) that is earned 180 days or fewer before 

the date of appointment of the Corporation as 

receiver. 

‘‘(iii) In the case of the resolution of a System 

bank, all claims of holders of consolidated and Systemwide bonds and all claims of the other System banks 

arising from the payments of the System banks pursuant to— 

‘‘(I) section 4.4 on consolidated and Systemwide bonds issued under subsection (c) or (d) of 

section 4.2; or 

‘‘(II) an agreement, in writing and approved 

by the Farm Credit Administration, among the 

System banks to reallocate the payments. 

‘‘(iv) In the case of the resolution of a production 

credit association or other association making direct 

loans under section 7.6, all claims of a System bank 

based on the financing agreement between the association and the System bank— 

‘‘(I) including interest accrued before and after 

the appointment of the receiver; and 

‘‘(II) not including any setoff for stock or other 

equity of that System bank owned by the association, on that condition that, prior to making that 

setoff, that System bank shall obtain the approval 

of the Farm Credit Administration Board for the 

retirement of that stock or equity. 

‘‘(v) Any general or senior liability of the System 

institution (which is not a liability described in clause 

(vi) or (vii)). 

‘‘(vi) Any obligation subordinated to general creditors (which is not an obligation described in clause 

(vii)). 

‘‘(vii) Any obligation to stockholders or members 

arising as a result of their status as stockholders or 

members. 

‘‘(B) PAYMENT OF CLAIMS.— 

‘‘(i) IN GENERAL.— 


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‘‘(I) PAYMENT.—All claims of each priority 

described in clauses (i) through (vii) of subparagraph (A) shall be paid in full, or provisions shall 

be made for that payment, prior to the payment 

of any claim of a lesser priority. 

‘‘(II) INSUFFICIENT FUNDS.—If there are insufficient funds to pay in full all claims in any priority 

described clauses (i) through (vii) of subparagraph 

(A), distribution on that priority of claims shall 

be made on a pro rata basis. 

‘‘(ii) DISTRIBUTION OF REMAINING ASSETS.—Following the payment of all claims in accordance with 

subparagraph (A), the receiver shall distribute the 

remainder of the assets of the System institution to 

the owners of stock, participation certificates, and other 

equities in accordance with the priorities for impairment under the bylaws of the System institution. 

‘‘(iii) ELIGIBLE BORROWER STOCK.—Notwithstanding subparagraph (C) or any other provision of 

this section, eligible borrower stock shall be retired 

in accordance with section 4.9A. 

‘‘(C) EFFECT OF STATE LAW.— 

‘‘(i) IN GENERAL.—The provisions of subparagraph 

(A) shall not supersede the law of any State except 

to the extent such law is inconsistent with the provisions of such subparagraph, and then only to the extent 

of the inconsistency. 

‘‘(ii) PROCEDURE FOR DETERMINATION OF INCONSISTENCY.—Upon the Corporation’s own motion or upon 

the request of any person with a claim described in 

subparagraph (A) or any State which is submitted 

to the Corporation in accordance with procedures which 

the Corporation shall prescribe, the Corporation shall 

determine whether any provision of the law of any 

State is inconsistent with any provision of subparagraph (A) and the extent of any such inconsistency. 

‘‘(iii) JUDICIAL REVIEW.—The final determination 

of the Corporation under clause (ii) shall be subject 

to judicial review under chapter 7 of title 5, United 

States Code. 

‘‘(D) ACCOUNTING REPORT.—Any distribution by the 

Corporation in connection with any claim described in 

subparagraph (A)(vii) shall be accompanied by the 

accounting report required under paragraph (15)(B). 

‘‘(12) SUSPENSION OF LEGAL ACTIONS.— 

‘‘(A) IN GENERAL.—After the appointment of a conservator or receiver for a System institution, the conservator 

or receiver may request a stay for a period not to exceed— 

‘‘(i) 45 days, in the case of any conservator; and 

‘‘(ii) 90 days, in the case of any receiver, 

in any judicial action or proceeding to which such System 

institution is or becomes a party. 

‘‘(B) GRANT OF STAY BY ALL COURTS REQUIRED.—Upon 

receipt of a request by any conservator or receiver pursuant 

to subparagraph (A) for a stay of any judicial action or 

proceeding in any court with jurisdiction of such action 


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or proceeding, the court shall grant such stay as to all 

parties. 

‘‘(13) ADDITIONAL RIGHTS AND DUTIES.— 

‘‘(A) PRIOR FINAL ADJUDICATION.—The Corporation 

shall abide by any final unappealable judgment of any 

court of competent jurisdiction which was rendered before 

the appointment of the Corporation as conservator or 

receiver. 

‘‘(B) RIGHTS AND REMEDIES OF CONSERVATOR OR

RECEIVER.—In the event of any appealable judgment, the 

Corporation as conservator or receiver shall— 

‘‘(i) have all the rights and remedies available to 

the System institution (before the appointment of such 

conservator or receiver) and the Corporation in its 

corporate capacity, including removal to Federal court 

and all appellate rights; and 

‘‘(ii) not be required to post any bond in order 

to pursue such remedies. 

‘‘(C) NO ATTACHMENT OR EXECUTION.—No attachment 

or execution may issue by any court on— 

‘‘(i) assets in the possession of the receiver; or 

‘‘(ii) the charter of a System institution for which 

the Corporation has been appointed receiver. 

‘‘(D) LIMITATION ON JUDICIAL REVIEW.—Except as 

otherwise provided in this subsection, no court shall have 

jurisdiction over— 

‘‘(i) any claim or action for payment from, or any 

action seeking a determination of rights with respect 

to, the assets of any System institution for which the 

Corporation has been appointed receiver, including 

assets which the Corporation may acquire from itself 

as such receiver; or 

‘‘(ii) any claim relating to any act or omission 

of such System institution or the Corporation as 

receiver. 

‘‘(E) DISPOSITION OF ASSETS.—In exercising any right, 

power, privilege, or authority as receiver in connection 

with any sale or disposition of assets of any System institution for which the Corporation is acting as receiver, the 

Corporation shall, to the maximum extent practicable, conduct its operations in a manner which— 

‘‘(i) maximizes the net present value return from 

the sale or disposition of such assets; 

‘‘(ii) minimizes the amount of any loss realized 

in the resolution of cases; 

‘‘(iii) ensures adequate competition and fair and 

consistent treatment of offerors; 

‘‘(iv) prohibits discrimination on the basis of race, 

sex, or ethnic groups in the solicitation and consideration of offers; and 

‘‘(v) mitigates the potential for serious adverse 

effects to the rest of the System. 

‘‘(14) STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT BY

CONSERVATOR OR RECEIVER.— 

‘‘(A) IN GENERAL.—Notwithstanding any provision of 

any contract, the applicable statute of limitations with 


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regard to any action brought by the Corporation as conservator or receiver shall be— 

‘‘(i) in the case of any contract claim, the longer 

of— 

‘‘(I) the 6-year period beginning on the date 

the claim accrues; or 

‘‘(II) the period applicable under State law; 

and 

‘‘(ii) in the case of any tort claim, the longer of— 

‘‘(I) the 3-year period beginning on the date 

the claim accrues; or 

‘‘(II) the period applicable under State law. 

‘‘(B) DETERMINATION OF THE DATE ON WHICH A CLAIM

ACCRUES.—For purposes of subparagraph (A), the date on 

which the statute of limitations begins to run on any claim 

described in such subparagraph shall be the later of— 

‘‘(i) the date of the appointment of the Corporation 

as conservator or receiver; or 

‘‘(ii) the date on which the cause of action accrues. 

‘‘(C) REVIVAL OF EXPIRED STATE CAUSES OF ACTION.— 

‘‘(i) IN GENERAL.—In the case of any tort claim 

described in clause (ii) for which the statute of limitation applicable under State law with respect to such 

claim has expired not more than 5 years before the 

appointment of the Corporation as conservator or 

receiver, the Corporation may bring an action as conservator or receiver on such claim without regard to 

the expiration of the statute of limitation applicable 

under State law. 

‘‘(ii) CLAIMS DESCRIBED.—A tort claim referred to 

in clause (i) is a claim arising from fraud, intentional 

misconduct resulting in unjust enrichment, or intentional misconduct resulting in substantial loss to the 

System institution. 

‘‘(15) ACCOUNTING AND RECORDKEEPING REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Corporation as conservator or 

receiver shall, consistent with the accounting and reporting 

practices and procedures established by the Corporation, 

maintain a full accounting of each conservatorship and 

receivership or other disposition of System institutions in 

default. 

‘‘(B) ANNUAL ACCOUNTING OR REPORT.—With respect 

to each conservatorship or receivership to which the Corporation was appointed, the Corporation shall make an 

annual accounting or report, as appropriate, available to 

the Farm Credit Administration Board. 

‘‘(C) AVAILABILITY OF REPORTS.—Any report prepared 

pursuant to subparagraph (B) shall be made available by 

the Corporation upon request to any stockholder of the 

System institution for which the Corporation was appointed 

conservator or receiver or any other member of the public. 

‘‘(D) RECORDKEEPING REQUIREMENT.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), after the end of the 6-year period beginning on 

the date the Corporation is appointed as receiver of 

a System institution, the Corporation may destroy any 


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records of such System institution which the Corporation, in the Corporation’s discretion, determines to be 

unnecessary unless directed not to do so by a court 

of competent jurisdiction or governmental agency, or 

prohibited by law. 

‘‘(ii) OLD RECORDS.—Notwithstanding clause (i), 

the Corporation may destroy records of a System 

institution which are at least 10 years old as of the 

date on which the Corporation is appointed as the 

receiver of such System institution in accordance with 

clause (i) at any time after such appointment is final, 

without regard to the 6-year period of limitation contained in clause (i). 

‘‘(16) FRAUDULENT TRANSFERS.— ‘‘(A) IN GENERAL.—The Corporation, as conservator or 

receiver for any System institution, may avoid a transfer 

of any interest of a System institution-affiliated party, or 

any person who the Corporation determines is a debtor 

of the System institution, in property, or any obligation 

incurred by such party or person, that was made within 

5 years of the date on which the Corporation was appointed 

conservator or receiver if such party or person voluntarily 

or involuntarily made such transfer or incurred such 

liability with the intent to hinder, delay, or defraud the 

System institution, the Farm Credit Administration, or 

the Corporation. 

‘‘(B) RIGHT OF RECOVERY.—To the extent a transfer 

is avoided under subparagraph (A), the Corporation may 

recover, for the benefit of the System institution, the property transferred, or, if a court so orders, the value of 

such property (at the time of such transfer) from— 

‘‘(i) the initial transferee of such transfer or the 

System institution-affiliated party or person for whose 

benefit such transfer was made; or 

‘‘(ii) any immediate or mediate transferee of any 

such initial transferee. 

‘‘(C) RIGHTS OF TRANSFEREE OR OBLIGEE.—The Corporation may not recover under subparagraph (B) from— 

‘‘(i) any transferee that takes for value, including 

satisfaction or securing of a present or antecedent debt, 

in good faith; or 

‘‘(ii) any immediate or mediate good faith transferee of such transferee. 

‘‘(D) RIGHTS UNDER THIS PARAGRAPH.—The rights under 

this paragraph of the Corporation shall be superior to 

any rights of a trustee or any other party (other than 

any party which is a Federal agency) under title 11, United 

States Code. 

‘‘(17) ATTACHMENT OF ASSETS AND OTHER INJUNCTIVE

RELIEF.—Subject to paragraph (18), any court of competent 

jurisdiction may, at the request of the Corporation (in the 

Corporation’s capacity as conservator or receiver for any System 

institution or in the Corporation’s corporate capacity with 

respect to any asset acquired or liability assumed by the Corporation under section 5.61), issue an order in accordance with 

Rule 65 of the Federal Rules of Civil Procedure, including 

an order placing the assets of any person designated by the 


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132 STAT. 4698 PUBLIC LAW 115–334—DEC. 20, 2018 

Corporation under the control of the court and appointing a 

trustee to hold such assets. 

‘‘(18) STANDARDS.— 

‘‘(A) SHOWING.—Rule 65 of the Federal Rules of Civil 

Procedure shall apply with respect to any proceeding under 

paragraph (17) without regard to the requirement of such 

rule that the applicant show that the injury, loss, or damage is irreparable and immediate. 

‘‘(B) STATE PROCEEDING.—If, in the case of any proceeding in a State court, the court determines that rules 

of civil procedure available under the laws of such State 

provide substantially similar protections to such party’s 

right to due process as Rule 65 (as modified with respect 

to such proceeding by subparagraph (A)), the relief sought 

by the Corporation pursuant to paragraph (17) may be 

requested under the laws of such State. 

‘‘(19) TREATMENT OF CLAIMS ARISING FROM BREACH OF CONTRACTS EXECUTED BY THE RECEIVER OR CONSERVATOR.—Notwithstanding any other provision of this subsection, any final 

and unappealable judgment for monetary damages entered 

against a receiver or conservator for a System institution for 

the breach of an agreement executed or approved by such 

receiver or conservator after the date of its appointment shall 

be paid as an administrative expense of the receiver or conservator. Nothing in this paragraph shall be construed to limit 

the power of a receiver or conservator to exercise any rights 

under contract or law, including terminating, breaching, canceling, or otherwise discontinuing such agreement. 

‘‘(c) PROVISIONS RELATING TO CONTRACTS ENTERED INTO

BEFORE APPOINTMENT OF CONSERVATOR OR RECEIVER.— 

‘‘(1) AUTHORITY TO REPUDIATE CONTRACTS.—In addition to 

any other rights a conservator or receiver may have, the conservator or receiver for a System institution may disaffirm or 

repudiate any contract or lease— 

‘‘(A) to which such System institution is a party; 

‘‘(B) the performance of which the conservator or 

receiver, in the conservator’s or receiver’s discretion, determines to be burdensome; and 

‘‘(C) the disaffirmance or repudiation of which the conservator or receiver determines, in the conservator’s or 

receiver’s discretion, will promote the orderly administration of the System institution’s affairs. 

‘‘(2) TIMING OF REPUDIATION.—The Corporation as conservator or receiver for any System institution shall determine 

whether or not to exercise the rights of repudiation under 

this subsection within a reasonable period following such 

appointment. 

‘‘(3) CLAIMS FOR DAMAGES FOR REPUDIATION.— 

‘‘(A) IN GENERAL.—Except as otherwise provided in 

subparagraph (C) and paragraphs (4), (5), and (6), the 

liability of the conservator or receiver for the disaffirmance 

or repudiation of any contract pursuant to paragraph (1) 

shall be— 

‘‘(i) limited to actual direct compensatory damages; 

and 

‘‘(ii) determined as of— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4699 

‘‘(I) the date of the appointment of the conservator or receiver; or 

‘‘(II) in the case of any contract or agreement 

referred to in paragraph (8), the date of the 

disaffirmance or repudiation of such contract or 

agreement. 

‘‘(B) NO LIABILITY FOR OTHER DAMAGES.—For purposes 

of subparagraph (A), the term ‘actual direct compensatory 

damages’ does not include— 

‘‘(i) punitive or exemplary damages; 

‘‘(ii) damages for lost profits or opportunity; or 

‘‘(iii) damages for pain and suffering. 

‘‘(C) MEASURE OF DAMAGES FOR REPUDIATION OF FINANCIAL CONTRACTS.—In the case of any qualified financial 

contract or agreement to which paragraph (8) applies, 

compensatory damages shall be— 

‘‘(i) deemed to include normal and reasonable costs 

of cover or other reasonable measures of damages utilized in the industries for such contract and agreement 

claims; and 

‘‘(ii) paid in accordance with this subsection and 

subsection (j), except as otherwise specifically provided 

in this section. 

‘‘(4) LEASES UNDER WHICH THE SYSTEM INSTITUTION IS THE

LESSEE.— 

‘‘(A) IN GENERAL.—If the conservator or receiver disaffirms or repudiates a lease under which the System 

institution was the lessee, the conservator or receiver shall 

not be liable for any damages (other than damages determined pursuant to subparagraph (B)) for the disaffirmance 

or repudiation of such lease. 

‘‘(B) PAYMENTS OF RENT.—Notwithstanding subparagraph (A), the lessor under a lease to which such subparagraph applies shall— 

‘‘(i) be entitled to the contractual rent accruing 

before the later of the date— 

‘‘(I) the notice of disaffirmance or repudiation 

is mailed; or 

‘‘(II) the disaffirmance or repudiation becomes 

effective, unless the lessor is in default or breach 

of the terms of the lease; and 

‘‘(ii) have no claim for damages under any acceleration clause or other penalty provision in the lease; 

and 

‘‘(iii) have a claim for any unpaid rent, subject 

to all appropriate offsets and defenses, due as of the 

date of the appointment, which shall be paid in accordance with this subsection and subsection (j). 

‘‘(5) LEASES UNDER WHICH THE SYSTEM INSTITUTION IS THE

LESSOR.— 

‘‘(A) IN GENERAL.—If the conservator or receiver repudiates an unexpired written lease of real property of the 

System institution under which the System institution is 

the lessor and the lessee is not, as of the date of such 

repudiation, in default, the lessee under such lease may 

either— 


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132 STAT. 4700 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(i) treat the lease as terminated by such repudiation; or 

‘‘(ii) remain in possession of the leasehold interest 

for the balance of the term of the lease, unless the 

lessee defaults under the terms of the lease after the 

date of such repudiation. 

‘‘(B) PROVISIONS APPLICABLE TO LESSEE REMAINING IN

POSSESSION.—If any lessee under a lease described in 

subparagraph (A) remains in possession of a leasehold 

interest pursuant to clause (ii) of such subparagraph— 

‘‘(i) the lessee— 

‘‘(I) shall continue to pay the contractual rent 

pursuant to the terms of the lease after the date 

of the repudiation of such lease; and 

‘‘(II) may offset against any rent payment 

which accrues after the date of the repudiation 

of the lease, any damages which accrue after such 

date due to the nonperformance of any obligation 

of the System institution under the lease after 

such date; and 

‘‘(ii) the conservator or receiver shall not be liable 

to the lessee for any damages arising after such date 

as a result of the repudiation, other than the amount 

of any offset allowed under clause (i)(II). 

‘‘(6) CONTRACTS FOR THE SALE OF REAL PROPERTY.— 

‘‘(A) IN GENERAL.—If the conservator or receiver repudiates any contract that meets the requirements of paragraphs (1) through (4) of section 5.61(d) for the sale of 

real property, and the purchaser of such real property 

under such contract is in possession and is not, as of 

the date of such repudiation, in default, such purchaser 

may either— 

‘‘(i) treat the contract as terminated by such 

repudiation; or 

‘‘(ii) remain in possession of such real property. 

‘‘(B) PROVISIONS APPLICABLE TO PURCHASER REMAINING

IN POSSESSION.—If any purchaser of real property under 

any contract described in subparagraph (A) remains in 

possession of such property pursuant to clause (ii) of such 

subparagraph— 

‘‘(i) the purchaser— 

‘‘(I) shall continue to make all payments due 

under the contract after the date of the repudiation 

of the contract; and 

‘‘(II) may offset against any such payments 

any damages which accrue after such date due 

to the nonperformance (after such date) of any 

obligation of the System institution under the contract; and 

‘‘(ii) the conservator or receiver shall— 

‘‘(I) not be liable to the purchaser for any 

damages arising after that date as a result of 

the repudiation, other than the amount of any 

offset allowed under clause (i)(II); 

‘‘(II) deliver title to the purchaser in accordance with the contract; and 


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‘‘(III) have no obligation under the contract, 

other than the performance required under subclause (II). 

‘‘(C) ASSIGNMENT AND SALE ALLOWED.— 

‘‘(i) IN GENERAL.—No provision of this paragraph 

shall be construed as limiting the right of the conservator or receiver to assign the contract described in 

subparagraph (A) and sell the property subject to the 

contract and this paragraph. 

‘‘(ii) NO LIABILITY AFTER ASSIGNMENT AND SALE.— 

If an assignment and sale described in clause (i) is 

consummated, the Corporation, acting as conservator 

or receiver, shall have no further liability under the 

applicable contract described in subparagraph (A) or 

with respect to the real property which was the subject 

of such contract. 

‘‘(7) PROVISIONS APPLICABLE TO SERVICE CONTRACTS.— 

‘‘(A) SERVICES PERFORMED BEFORE APPOINTMENT.—In 

the case of any contract for services between any person 

and any System institution for which the Corporation has 

been appointed conservator or receiver, any claim of such 

person for services performed before the appointment of 

the conservator or the receiver shall be— 

‘‘(i) a claim to be paid in accordance with subsections (b) and (d); and 

‘‘(ii) deemed to have arisen as of the date the 

conservator or receiver was appointed. 

‘‘(B) SERVICES PERFORMED AFTER APPOINTMENT AND

PRIOR TO REPUDIATION.—If, in the case of any contract 

for services described in subparagraph (A), the conservator 

or receiver accepts performance by the other person before 

the conservator or receiver makes any determination to 

exercise the right of repudiation of such contract under 

this section— 

‘‘(i) the other party shall be paid under the terms 

of the contract for the services performed; and 

‘‘(ii) the amount of such payment shall be treated 

as an administrative expense of the conservatorship 

or receivership. 

‘‘(C) ACCEPTANCE OF PERFORMANCE NO BAR TO SUBSEQUENT REPUDIATION.—The acceptance by any conservator 

or receiver of services referred to in subparagraph (B) 

in connection with a contract described in such subparagraph shall not affect the right of the conservator or 

receiver, to repudiate such contract under this section at 

any time after such performance. 

‘‘(8) CERTAIN QUALIFIED FINANCIAL CONTRACTS.— 

‘‘(A) DEFINITIONS.—In this paragraph: 

‘‘(i) COMMODITY CONTRACT.—The term ‘commodity 

contract’ means— 

‘‘(I) with respect to a futures commission merchant, a contract for the purchase or sale of a 

commodity for future delivery on, or subject to 

the rules of, a contract market or board of trade; 

‘‘(II) with respect to a foreign futures commission merchant, a foreign future; 


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132 STAT. 4702 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(III) with respect to a leverage transaction 

merchant, a leverage transaction; 

‘‘(IV) with respect to a clearing organization, 

a contract for the purchase or sale of a commodity 

for future delivery on, or subject to the rules of, 

a contract market or board of trade that is cleared 

by such clearing organization, or commodity option 

traded on, or subject to the rules of, a contract 

market or board of trade that is cleared by such 

clearing organization; 

‘‘(V) with respect to a commodity options 

dealer, a commodity option; 

‘‘(VI) any other agreement or transaction that 

is similar to any agreement or transaction referred 

to in this clause; 

‘‘(VII) any combination of the agreements or 

transactions referred to in this clause; 

‘‘(VIII) any option to enter into any agreement 

or transaction referred to in this clause; 

‘‘(IX) a master agreement that provides for 

an agreement or transaction referred to in any 

of subclauses (I) through (VIII), together with all 

supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not 

a commodity contract under this clause, except 

that the master agreement shall be considered 

to be a commodity contract under this clause only 

with respect to each agreement or transaction 

under the master agreement that is referred to 

in subclause (I), (II), (III), (IV), (V), (VI), (VII), 

or (VIII); or 

‘‘(X) any security agreement or arrangement 

or other credit enhancement related to any agreement or transaction referred to in this clause, 

including any guarantee or reimbursement obligation in connection with any agreement or transaction referred to in this clause. 

‘‘(ii) FORWARD CONTRACT.—The term ‘forward contract’ means— 

‘‘(I) a contract (other than a commodity contract) for the purchase, sale, or transfer of a commodity or any similar good, article, service, right, 

or interest which is presently or in the future 

becomes the subject of dealing in the forward contract trade, or product or byproduct thereof, with 

a maturity date more than 2 days after the date 

the contract is entered into, including a repurchase 

or reverse repurchase transaction (whether or not 

such repurchase or reverse repurchase transaction 

is a repurchase agreement), consignment, lease, 

swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any 

other similar agreement; 

‘‘(II) any combination of agreements or transactions referred to in subclauses (I) and (III); 


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‘‘(III) any option to enter into any agreement 

or transaction referred to in subclause (I) or (II); 

‘‘(IV) a master agreement that provides for 

an agreement or transaction referred to in subclauses (I) through (III), together with all supplements to any such master agreement, without 

regard to whether the master agreement provides 

for an agreement or transaction that is not a forward contract under this clause, except that the 

master agreement shall be considered to be a forward contract under this clause only with respect 

to each agreement or transaction under the master 

agreement that is referred to in subclause (I), (II), 

or (III); or 

‘‘(V) any security agreement or arrangement 

or other credit enhancement related to any agreement or transaction referred to in subclause (I), 

(II), (III), or (IV), including any guarantee or 

reimbursement obligation in connection with any 

agreement or transaction referred to in any such 

subclause. 

‘‘(iii) PERSON.—The term ‘person’— 

‘‘(I) has the meaning given the term in section 

1 of title 1, United States Code; and 

‘‘(II) includes any governmental entity. 

‘‘(iv) QUALIFIED FINANCIAL CONTRACT.—The term 

‘qualified financial contract’ means any securities contract, commodity contract, forward contract, repurchase 

agreement, swap agreement, and any similar agreement that the Corporation determines by regulation, 

resolution, or order to be a qualified financial contract 

for purposes of this paragraph. 

‘‘(v) REPURCHASE AGREEMENT.— 

‘‘(I) IN GENERAL.—The term ‘repurchase agreement’ (including with respect to a reverse 

repurchase agreement)— 

‘‘(aa) means— 

‘‘(AA) an agreement, including related 

terms, which provides for the transfer of 

one or more certificates of deposit, mortgage-related securities (as such term is 

defined in section 3(a) of the Securities 

Exchange Act of 1934 (15 U.S.C. 78c(a))), 

mortgage loans, interests in mortgagerelated securities or mortgage loans, 

eligible bankers’ acceptances, qualified 

foreign government securities or securities 

that are direct obligations of, or that are 

fully guaranteed by, the United States or 

any agency of the United States against 

the transfer of funds by the transferee 

of such certificates of deposit, eligible 

bankers’ acceptances, securities, mortgage 

loans, or interests with a simultaneous 

agreement by such transferee to transfer 

to the transferor thereof certificates of 

deposit, eligible bankers’ acceptances, 


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132 STAT. 4704 PUBLIC LAW 115–334—DEC. 20, 2018 

securities, mortgage loans, or interests as 

described above, at a date certain not later 

than 1 year after such transfers or on 

demand, against the transfer of funds, or 

any other similar agreement; 

‘‘(BB) any combination of agreements 

or transactions referred to in subitems 

(AA) and (CC); 

‘‘(CC) any option to enter into any 

agreement or transaction referred to in 

subitem (AA) or (BB); 

‘‘(DD) a master agreement that provides for an agreement or transaction 

referred to in subitem (AA), (BB), or (CC), 

together with all supplements to any such 

master agreement, without regard to 

whether the master agreement provides 

for an agreement or transaction that is 

not a repurchase agreement under this 

item, except that the master agreement 

shall be considered to be a repurchase 

agreement under this item only with 

respect to each agreement or transaction 

under the master agreement that is 

referred to in subitem (AA), (BB), or (CC); 

and 

‘‘(EE) any security agreement or 

arrangement or other credit enhancement 

related to any agreement or transaction 

referred to in any of subitems (AA) 

through (DD), including any guarantee or 

reimbursement obligation in connection 

with any agreement or transaction 

referred to in any such subitem; and 

‘‘(bb) does not include any repurchase 

obligation under a participation in a commercial mortgage, loan unless the Corporation 

determines by regulation, resolution, or order 

to include any such participation within the 

meaning of such term. 

‘‘(II) RELATED DEFINITION.—For purposes of 

subclause (I)(aa), the term ‘qualified foreign 

government security’ means a security that is a 

direct obligation of, or that is fully guaranteed 

by, the central government of a member of the 

Organization for Economic Cooperation and 

Development (as determined by regulation or order 

adopted by the appropriate Federal banking 

authority). 

‘‘(vi) SECURITIES CONTRACT.—The term ‘securities 

contract’— 

‘‘(I) means— 

‘‘(aa) a contract for the purchase, sale, 

or loan of a security, a certificate of deposit, 

a mortgage loan, any interest in a mortgage 

loan, a group or index of securities, certificates 

of deposit, or mortgage loans or interests 


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therein (including any interest therein or 

based on the value thereof) or any option on 

any of the foregoing, including any option to 

purchase or sell any such security, certificate 

of deposit, mortgage loan, interest, group or 

index, or option, and including any repurchase 

or reverse repurchase transaction on any such 

security, certificate of deposit, mortgage loan, 

interest, group or index, or option (whether 

or not the repurchase or reverse repurchase 

transaction is a repurchase agreement); 

‘‘(bb) any option entered into on a national 

securities exchange relating to foreign currencies; 

‘‘(cc) the guarantee (including by novation) 

by or to any securities clearing agency of any 

settlement of cash, securities, certificates of 

deposit, mortgage loans or interests therein, 

group or index of securities, certificates of 

deposit, or mortgage loans or interests therein 

(including any interest therein or based on 

the value thereof) or option on any of the 

foregoing, including any option to purchase 

or sell any such security, certificate of deposit, 

mortgage loan, interest, group or index, or 

option (whether or not the settlement is in 

connection with any agreement or transaction 

referred to in any of items (aa), (bb), and (dd) 

through (kk)); 

‘‘(dd) any margin loan; 

‘‘(ee) any extension of credit for the clearance or settlement of securities transactions; 

‘‘(ff) any loan transaction coupled with a 

securities collar transaction, any prepaid securities forward transaction, or any total return 

swap transaction coupled with a securities sale 

transaction; 

‘‘(gg) any other agreement or transaction 

that is similar to any agreement or transaction 

referred to in this subclause; 

‘‘(hh) any combination of the agreements 

or transactions referred to in this subclause; 

‘‘(ii) any option to enter into any agreement or transaction referred to in this subclause; 

‘‘(jj) a master agreement that provides for 

an agreement or transaction referred to in 

any of items (aa) through (ii), together with 

all supplements to any such master agreement, without regard to whether the master 

agreement provides for an agreement or transaction that is not a securities contract under 

this subclause, except that the master agreement shall be considered to be a securities 

contract under this subclause only with 

respect to each agreement or transaction 

under the master agreement that is referred 


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to in item (aa), (bb), (cc), (dd), (ee), (ff), (gg), 

(hh), or (ii); and 

‘‘(kk) any security agreement or arrangement or other credit enhancement related to 

any agreement or transaction referred to in 

this subclause, including any guarantee or 

reimbursement obligation in connection with 

any agreement or transaction referred to in 

this subclause; and 

‘‘(II) does not include any purchase, sale, or 

repurchase obligation under a participation in a 

commercial mortgage loan unless the Corporation 

determines by regulation, resolution, or order to 

include any such agreement within the meaning 

of such term. 

‘‘(vii) SWAP AGREEMENT.—The term ‘swap agreement’ means— 

‘‘(I) any agreement, including the terms and 

conditions incorporated by reference in any such 

agreement, that is— 

‘‘(aa) an interest rate swap, option, future, 

or forward agreement, including a rate floor, 

rate cap, rate collar, cross-currency rate swap, 

and basis swap; 

‘‘(bb) a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange 

precious metals or other commodity agreement; 

‘‘(cc) a currency swap, option, future, or 

forward agreement; 

‘‘(dd) an equity index or equity swap, 

option, future, or forward agreement; 

‘‘(ee) a debt index or debt swap, option, 

future, or forward agreement; 

‘‘(ff) a total return, credit spread or credit 

swap, option, future, or forward agreement; 

‘‘(gg) a commodity index or commodity 

swap, option, future, or forward agreement; 

‘‘(hh) a weather swap, option, future, or 

forward agreement; 

‘‘(ii) an emissions swap, option, future, or 

forward agreement; or 

‘‘(jj) an inflation swap, option, future, or 

forward agreement; 

‘‘(II) any agreement or transaction that is 

similar to any other agreement or transaction 

referred to in this clause and that is of a type 

that has been, is presently, or in the future 

becomes, the subject of recurrent dealings in the 

swap or other derivatives markets (including terms 

and conditions incorporated by reference in such 

agreement) and that is a forward, swap, future, 

option or spot transaction on one or more rates, 

currencies, commodities, equity securities or other 

equity instruments, debt securities or other debt 

instruments, quantitative measures associated 

with an occurrence, extent of an occurrence, or 


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contingency associated with a financial, commercial, or economic consequence, or economic or 

financial indices or measures of economic or financial risk or value; 

‘‘(III) any combination of agreements or transactions referred to in this clause; 

‘‘(IV) any option to enter into any agreement 

or transaction referred to in this clause; 

‘‘(V) a master agreement that provides for an 

agreement or transaction referred to in any of 

subclauses (I) through (IV), together with all 

supplements to any such master agreement, without regard to whether the master agreement contains an agreement or transaction that is not a 

swap agreement under this clause, except that 

the master agreement shall be considered to be 

a swap agreement under this clause only with 

respect to each agreement or transaction under 

the master agreement that is referred to in subclause (I), (II), (III), or (IV); and 

‘‘(VI) any security agreement or arrangement 

or other credit enhancement related to any agreements or transactions referred to in any of subclauses (I) through (V), including any guarantee 

or reimbursement obligation in connection with 

any agreement or transaction referred to in any 

such subclause. 

‘‘(viii) TRANSFER.—The term ‘transfer’ means every 

mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with 

property or with an interest in property, including 

retention of title as a security interest and foreclosure 

of the equity of redemption of a System institution. 

‘‘(ix) TREATMENT OF MASTER AGREEMENT AS 1

AGREEMENT.—For purposes of this subparagraph— 

‘‘(I) any master agreement for any contract 

or agreement described in this subparagraph (or 

any master agreement for such a master agreement or agreements), together with all supplements to the master agreement, shall be treated 

as a single agreement and a single qualified financial contact; and 

‘‘(II) if a master agreement contains provisions 

relating to agreements or transactions that are 

not qualified financial contracts, the master agreement shall be deemed to be a qualified financial 

contract only with respect to those transactions 

that are themselves qualified financial contracts. 

‘‘(B) RIGHTS OF PARTIES TO CONTRACTS.—Subject to 

paragraphs (9) and (10), and notwithstanding any other 

provision of this Act (other than subsection (b)(9) and section 5.61(d)) or any other Federal or State law, no person 

shall be stayed or prohibited from exercising— 

‘‘(i) any right such person has to cause the termination, liquidation, or acceleration of any qualified 

financial contract with a System institution which 

arises upon the appointment of the Corporation as 


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receiver for such System institution at any time after 

such appointment; 

‘‘(ii) any right under any security agreement or 

arrangement or other credit enhancement related to 

one or more qualified financial contracts described in 

clause (i); or 

‘‘(iii) any right to offset or net out any termination 

value, payment amount, or other transfer obligation 

arising under, or in connection with, 1 or more contracts and agreements described in clause (i), including 

any master agreement for such contracts or agreements. 

‘‘(C) APPLICABILITY OF OTHER PROVISIONS.—Subsection 

(b)(12) shall apply in the case of any judicial action or 

proceeding brought against any receiver referred to in 

subparagraph (A), or the System institution for which such 

receiver was appointed, by any party to a contract or agreement described in subparagraph (B)(i) with such System 

institution. 

‘‘(D) CERTAIN TRANSFERS NOT AVOIDABLE.— 

‘‘(i) IN GENERAL.—Notwithstanding paragraph (11) 

or any other Federal or State law relating to the avoidance of preferential or fraudulent transfers, the Corporation, whether acting as such or as conservator 

or receiver of a System institution, may not avoid 

any transfer of money or other property in connection 

with any qualified financial contract with a System 

institution. 

‘‘(ii) EXCEPTION FOR CERTAIN TRANSFERS.—Clause 

(i) shall not apply to any transfer of money or other 

property in connection with any qualified financial contract with a System institution if the Corporation 

determines that the transferee had actual intent to 

hinder, delay, or defraud such System institution, the 

creditors of such System institution, or any conservator 

or receiver appointed for such System institution. 

‘‘(E) CERTAIN PROTECTIONS IN EVENT OF APPOINTMENT

OF CONSERVATOR.—Notwithstanding any other provision of 

this Act (other than subparagraph (G), paragraph (10), 

subsection (b)(9), and section 5.61(d)) or any other Federal 

or State law, no person shall be stayed or prohibited from 

exercising— 

‘‘(i) any right such person has to cause the termination, liquidation, or acceleration of any qualified 

financial contract with a System institution in a conservatorship based upon a default under such financial 

contract which is enforceable under applicable noninsolvency law; 

‘‘(ii) any right under any security agreement or 

arrangement or other credit enhancement related to 

one or more qualified financial contracts described in 

clause (i); and 

‘‘(iii) any right to offset or net out any termination 

values, payment amounts, or other transfer obligations 

arising under or in connection with such qualified 

financial contracts. 


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‘‘(F) CLARIFICATION.—No provision of law shall be construed as limiting the right or power of the Corporation, 

or authorizing any court or agency to limit or delay, in 

any manner, the right or power of the Corporation to 

transfer any qualified financial contract in accordance with 

paragraphs (9) and (10) or to disaffirm or repudiate any 

such contract in accordance with paragraph (1). 

‘‘(G) WALKAWAY CLAUSES NOT EFFECTIVE.— ‘‘(i) DEFINITION OF WALKAWAY CLAUSE.—In this 

subparagraph, the term ‘walkaway clause’ means any 

provision in a qualified financial contract that suspends, conditions, or extinguishes a payment obligation 

of a party, in whole or in part, or does not create 

a payment obligation of a party that would otherwise 

exist— 

‘‘(I) solely because of— 

‘‘(aa) the status of the party as a nondefaulting party in connection with the insolvency of a System institution that is a party 

to the contract; or 

‘‘(bb) the appointment of, or the exercise 

of rights or powers by, the Corporation as 

a conservator or receiver of the System institution; and 

‘‘(II) not as a result of the exercise by a party 

of any right to offset, setoff, or net obligations 

that exist under— 

‘‘(aa) the contract; 

‘‘(bb) any other contract between those 

parties; or 

‘‘(cc) applicable law. 

‘‘(ii) TREATMENT.—Notwithstanding the provisions 

of subparagraphs (B) and (E), no walkaway clause 

shall be enforceable in a qualified financial contract 

of a System institution in default. 

‘‘(iii) LIMITED SUSPENSION OF CERTAIN OBLIGATIONS.—In the case of a qualified financial contract 

referred to in clause (ii), any payment or delivery 

obligations otherwise due from a party pursuant to 

the qualified financial contract shall be suspended from 

the time the receiver is appointed until the earlier 

of— 

‘‘(I) the time such party receives notice that 

such contract has been transferred pursuant to 

subparagraph (B); or 

‘‘(II) 5:00 p.m. (eastern time) on the business 

day following the date of the appointment of the 

receiver. 

‘‘(H) RECORDKEEPING REQUIREMENTS.—The Corporation, in consultation with the Farm Credit Administration, 

may prescribe regulations requiring more detailed recordkeeping by any System institution with respect to qualified 

financial contracts (including market valuations), only if 

such System institution is subject to subclause (I), (III), 

or (IV) of section 5.61B(a)(1)(A)(ii). 

‘‘(9) TRANSFER OF QUALIFIED FINANCIAL CONTRACTS.— ‘‘(A) DEFINITIONS.—In this paragraph: 


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132 STAT. 4710 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(i) CLEARING ORGANIZATION.—The term ‘clearing 

organization’ has the meaning given the term in section 

402 of the Federal Deposit Insurance Corporation 

Improvement Act of 1991 (12 U.S.C. 4402). 

‘‘(ii) FINANCIAL INSTITUTION.—The term ‘financial 

institution’ means a System institution, a broker or 

dealer, a depository institution, a futures commission 

merchant, or any other institution, as determined by 

the Corporation by regulation to be a financial institution. 

‘‘(B) REQUIREMENT.—In making any transfer of assets 

or liabilities of a System institution in default which 

includes any qualified financial contract, the conservator 

or receiver for such System institution shall either— 

‘‘(i) transfer to one financial institution, other than 

a financial institution for which a conservator, receiver, 

trustee in bankruptcy, or other legal custodian has 

been appointed, or that is otherwise the subject of 

a bankruptcy or insolvency proceeding— 

‘‘(I) all qualified financial contracts between 

any person or any affiliate of such person and 

the System institution in default; 

‘‘(II) all claims of such person or any affiliate 

of such person against such System institution 

under any such contract (other than any claim 

which, under the terms of any such contract, is 

subordinated to the claims of general unsecured 

creditors of such System institution); 

‘‘(III) all claims of such System institution 

against such person or any affiliate of such person 

under any such contract; and 

‘‘(IV) all property securing or any other credit 

enhancement for any contract described in subclause (I) or any claim described in subclause (II) 

or (III) under any such contract; or 

‘‘(ii) transfer none of the qualified financial contracts, claims, property or other credit enhancement 

referred to in clause (i) (with respect to such person 

and any affiliate of such person). 

‘‘(C) TRANSFER TO FOREIGN BANK, FOREIGN FINANCIAL

INSTITUTION, OR BRANCH OR AGENCY OF A FOREIGN BANK

OR FINANCIAL INSTITUTION.—In transferring any qualified 

financial contracts and related claims and property under 

subparagraph (B)(i), the conservator or receiver for the 

System institution shall not make such transfer to a foreign 

bank, financial institution organized under the laws of 

a foreign country, or a branch or agency of a foreign bank 

or financial institution unless, under the law applicable 

to such bank, financial institution, branch or agency, to 

the qualified financial contracts, and to any netting contract, any security agreement or arrangement or other 

credit enhancement related to one or more qualified financial contracts, the contractual rights of the parties to such 

qualified financial contracts, netting contracts, security 

agreements or arrangements, or other credit enhancements 

are enforceable substantially to the same extent as permitted under this section. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4711 

‘‘(D) TRANSFER OF CONTRACTS SUBJECT TO THE RULES

OF A CLEARING ORGANIZATION.—In the event that a conservator or receiver transfers any qualified financial contract 

and related claims, property, and credit enhancements 

pursuant to subparagraph (B)(i) and such contract is 

cleared by or subject to the rules of a clearing organization, 

the clearing organization shall not be required to accept 

the transferee as a member by virtue of the transfer. 

‘‘(10) NOTIFICATION OF TRANSFER.— 

‘‘(A) DEFINITION OF BUSINESS DAY.—In this paragraph, 

the term ‘business day’ means any day other than any 

Saturday, Sunday, or any day on which either the New 

York Stock Exchange or the Federal Reserve Bank of New 

York is closed. 

‘‘(B) NOTIFICATION.—If— 

‘‘(i) the conservator or receiver for a System institution in default makes any transfer of the assets and 

liabilities of such System institution; and 

‘‘(ii) the transfer includes any qualified financial 

contract, the conservator or receiver shall notify any 

person who is a party to any such contract of such 

transfer by 5:00 p.m. (eastern time) on the business 

day following the date of the appointment of the 

receiver in the case of a receivership, or the business 

day following such transfer in the case of a conservatorship. 

‘‘(C) CERTAIN RIGHTS NOT ENFORCEABLE.— 

‘‘(i) RECEIVERSHIP.—A person who is a party to 

a qualified financial contract with a System institution 

may not exercise any right that such person has to 

terminate, liquidate, or net such contract under paragraph (8)(B) of this subsection, solely by reason of 

or incidental to the appointment of a receiver for the 

System institution (or the insolvency or financial condition of the System institution for which the receiver 

has been appointed)— 

‘‘(I) until 5:00 p.m. (eastern time) on the business day following the date of the appointment 

of the receiver; or 

‘‘(II) after the person has received notice that 

the contract has been transferred pursuant to 

paragraph (9)(B). 

‘‘(ii) CONSERVATORSHIP.—A person who is a party 

to a qualified financial contract with a System institution may not exercise any right that such person has 

to terminate, liquidate, or net such contract under 

paragraph (8)(E) of this subsection, solely by reason 

of or incidental to the appointment of a conservator 

for the System institution (or the insolvency or financial condition of the System institution for which the 

conservator has been appointed). 

‘‘(iii) NOTICE.—For purposes of this paragraph, the 

Corporation as receiver or conservator of a System 

institution shall be deemed to have notified a person 

who is a party to a qualified financial contract with 

such System institution if the Corporation has taken 


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steps reasonably calculated to provide notice to such 

person by the time specified in subparagraph (B). 

‘‘(D) TREATMENT OF BRIDGE SYSTEM INSTITUTIONS.— 

The following System institutions shall not be considered 

to be a financial institution for which a conservator, 

receiver, trustee in bankruptcy, or other legal custodian 

has been appointed or which is otherwise the subject of 

a bankruptcy or insolvency proceeding for purposes of paragraph (9): 

‘‘(i) A bridge System bank. 

‘‘(ii) A System institution organized by the Corporation or the Farm Credit Administration, for which 

a conservator is appointed either— 

‘‘(I) immediately upon the organization of the 

System institution; or 

‘‘(II) at the time of a purchase and assumption 

transaction between the System institution and 

the Corporation as receiver for a System institution in default. 

‘‘(11) DISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINANCIAL CONTRACTS.—In exercising the rights of disaffirmance or 

repudiation of a conservator or receiver with respect to any 

qualified financial contract to which a System institution is 

a party, the conservator or receiver for such System institution 

shall either— 

‘‘(A) disaffirm or repudiate all qualified financial contracts between— 

‘‘(i) any person or any affiliate of such person; 

and 

‘‘(ii) the System institution in default; or 

‘‘(B) disaffirm or repudiate none of the qualified financial contracts referred to in subparagraph (A) (with respect 

to such person or any affiliate of such person). 

‘‘(12) CERTAIN SECURITY INTERESTS NOT AVOIDABLE.—No 

provision of this subsection shall be construed as permitting 

the avoidance of any legally enforceable or perfected security 

interest in any of the assets of any System institution except 

where such an interest is taken in contemplation of the System 

institution’s insolvency or with the intent to hinder, delay, 

or defraud the System institution or the creditors of such 

System institution. 

‘‘(13) AUTHORITY TO ENFORCE CONTRACTS.— 

‘‘(A) IN GENERAL.—The conservator or receiver may 

enforce any contract, other than a director’s or officer’s 

liability insurance contract or a System institution bond, 

entered into by the System institution notwithstanding 

any provision of the contract providing for termination, 

default, acceleration, or exercise of rights upon, or solely 

by reason of, insolvency or the appointment of or the exercise of rights or powers by a conservator or receiver. 

‘‘(B) CERTAIN RIGHTS NOT AFFECTED.—No provision of 

this paragraph may be construed as impairing or affecting 

any right of the conservator or receiver to enforce or recover 

under a director’s or officer’s liability insurance contract 

or institution bond under other applicable law. 

‘‘(C) CONSENT REQUIREMENT.— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4713 

‘‘(i) IN GENERAL.—Except as otherwise provided 

by this section, no person may exercise any right or 

power to terminate, accelerate, or declare a default 

under any contract to which the System institution 

is a party, or to obtain possession of or exercise control 

over any property of the System institution or affect 

any contractual rights of the System institution, without the consent of the conservator or receiver, as appropriate, during the 45-day period beginning on the date 

of the appointment of the conservator, or during the 

90-day period beginning on the date of the appointment 

of the receiver, as applicable. 

‘‘(ii) CERTAIN EXCEPTIONS.—No provision of this 

subparagraph shall apply to a director or officer 

liability insurance contract or an institution bond, to 

the rights of parties to certain qualified financial contracts pursuant to paragraph (8), or shall be construed 

as permitting the conservator or receiver to fail to 

comply with otherwise enforceable provisions of such 

contract. 

‘‘(14) EXCEPTION FOR FEDERAL RESERVE AND THE UNITED

STATES TREASURY.—No provision of this subsection shall apply 

with respect to— 

‘‘(A) any extension of credit from any Federal Reserve 

bank or the United States Treasury to any System institution; or 

‘‘(B) any security interest in the assets of the System 

institution securing any such extension of credit. 

‘‘(15) SAVINGS CLAUSE.—The meanings of terms used in 

this subsection— 

‘‘(A) are applicable for purposes of this subsection only; 

and 

‘‘(B) shall not be construed or applied so as to challenge 

or affect the characterization, definition, or treatment of 

any similar terms under any other law, regulation, or rule, 

including— 

‘‘(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811 

note; Public Law 106–102); 

‘‘(ii) the Legal Certainty for Bank Products Act 

of 2000 (7 U.S.C. 27 et seq.); 

‘‘(iii) the securities laws (as that term is defined 

in section 3(a) of the Securities Exchange Act of 1934 

(15 U.S.C. 78c(a))); and 

‘‘(iv) the Commodity Exchange Act (7 U.S.C. 1 

et seq.). 

‘‘(d) VALUATION OF CLAIMS IN DEFAULT.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

Federal law or the law of any State and regardless of the 

method which the Corporation determines to utilize with 

respect to a System institution in default or in danger of 

default, including transactions authorized under subsection (h) 

and section 5.61(a), this subsection shall govern the rights 

of the creditors of such System institution. 

‘‘(2) MAXIMUM LIABILITY.—The maximum liability of the 

Corporation, acting as receiver or in any other capacity, to 

any person having a claim against the receiver or the System 

institution for which such receiver is appointed shall equal 


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132 STAT. 4714 PUBLIC LAW 115–334—DEC. 20, 2018 

the amount such claimant would have received if the Corporation had liquidated the assets and liabilities of such System 

institution without exercising the Corporation’s authority under 

subsection (h) or section 5.61(a). 

‘‘(3) ADDITIONAL PAYMENTS AUTHORIZED.— ‘‘(A) IN GENERAL.—The Corporation may, in its discretion and in the interests of minimizing its losses, use 

its own resources to make additional payments or credit 

additional amounts to or with respect to or for the account 

of any claimant or category of claimants. Notwithstanding 

any other provision of Federal or State law, or the constitution of any State, the Corporation shall not be obligated, 

as a result of having made any such payment or credited 

any such amount to or with respect to or for the account 

of any claimant or category of claimants, to make payments 

to any other claimant or category of claimants. 

‘‘(B) MANNER OF PAYMENT.—The Corporation may 

make the payments or credit the amounts specified in 

subparagraph (A) directly to the claimants or may make 

such payments or credit such amounts to an open System 

institution to induce such System institution to accept 

liability for such claims. 

‘‘(e) LIMITATION ON COURT ACTION.—Except as provided in this 

section, no court may take any action, except at the written request 

of the Board of Directors, to restrain or affect the exercise of 

powers or functions of the Corporation as a conservator or a 

receiver. 

‘‘(f) LIABILITY OF DIRECTORS AND OFFICERS.— 

‘‘(1) IN GENERAL.—A director or officer of a System institution may be held personally liable for monetary damages in 

any civil action— 

‘‘(A) brought by, on behalf of, or at the request or 

direction of the Corporation; 

‘‘(B) prosecuted wholly or partially for the benefit of 

the Corporation— 

‘‘(i) acting as conservator or receiver of that System 

institution; 

‘‘(ii) acting based on a suit, claim, or cause of 

action purchased from, assigned by, or otherwise conveyed by that receiver or conservator; or 

‘‘(iii) acting based on a suit, claim, or cause of 

action purchased from, assigned by, or otherwise conveyed in whole or in part by a System institution 

or an affiliate of a System institution in connection 

with assistance provided under section 5.61(a); and 

‘‘(C) for, as determined under the applicable State 

law— 

‘‘(i) gross negligence; or 

‘‘(ii) any similar conduct, including conduct that 

demonstrates a greater disregard of a duty of care 

than gross negligence, such as intentional tortious conduct. 

‘‘(2) EFFECT.—Nothing in paragraph (1) impairs or affects 

any right of the Corporation under any other applicable law. 

‘‘(g) DAMAGES.—In any proceeding related to any claim against 

a System institution’s director, officer, employee, agent, attorney, 

accountant, appraiser, or any other party employed by or providing 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4715 

services to a System institution, recoverable damages determined 

to result from the improvident or otherwise improper use or investment of any System institution’s assets shall include principal losses 

and appropriate interest. 

‘‘(h) BRIDGE FARM CREDIT SYSTEM BANKS.— ‘‘(1) ORGANIZATION.— ‘‘(A) PURPOSE.— ‘‘(i) IN GENERAL.—When 1 or more System banks 

are in default, or when the Corporation anticipates 

that 1 or more System banks may become in default, 

the Corporation may, in its discretion, organize, and 

the Farm Credit Administration may, in its discretion, 

charter, 1 or more System banks, with the powers 

and attributes of System banks, subject to the provisions of this subsection, to be referred to as ‘bridge 

System banks’. 

‘‘(ii) INTENT OF CONGRESS.—It is the intent of the 

Congress that, in order to prevent unnecessary hardship or losses to the customers of any System bank 

in default with respect to which a bridge System bank 

is chartered, the Corporation should— 

‘‘(I) continue to honor commitments made by 

the System bank in default to creditworthy customers; and 

‘‘(II) not interrupt or terminate adequately 

secured loans which are transferred under this 

subsection and are being repaid by the debtor in 

accordance with the terms of the loan instrument. 

‘‘(B) AUTHORITIES.—Once chartered by the Farm Credit 

Administration, the bridge System bank may— 

‘‘(i) assume such liabilities of the System bank 

or banks in default or in danger of default as the 

Corporation may, in its discretion, determine to be 

appropriate; 

‘‘(ii) purchase such assets of the System bank or 

banks in default or in danger of default as the Corporation may, in its discretion, determine to be appropriate; 

and 

‘‘(iii) perform any other temporary function which 

the Corporation may, in its discretion, prescribe in 

accordance with this Act. 

‘‘(C) ARTICLES OF ASSOCIATION.—The articles of association and organization certificate of a bridge System bank 

as approved by the Corporation shall be executed by 3 

representatives designated by the Corporation. 

‘‘(D) INTERIM DIRECTORS.—A bridge System bank shall 

have an interim board of directors consisting of not fewer 

than 5 nor more than 10 members appointed by the Corporation. 

‘‘(2) CHARTERING.— 

‘‘(A) CONDITIONS.—The Farm Credit Administration 

may charter a bridge System bank only if the Board of 

Directors determines that— 

‘‘(i) the amount which is reasonably necessary to 

operate such bridge System bank will not exceed the 

amount which is reasonably necessary to save the cost 

of liquidating 1 or more System banks in default or 


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132 STAT. 4716 PUBLIC LAW 115–334—DEC. 20, 2018 

in danger of default with respect to which the bridge 

System bank is chartered; 

‘‘(ii) the continued operation of such System bank 

or banks in default or in danger of default with respect 

to which the bridge System bank is chartered is essential to provide adequate farm credit services in the 

1 or more communities where each such System bank 

in default or in danger of default is or was providing 

those farm credit services; or 

‘‘(iii) the continued operation of such System bank 

or banks in default or in danger of default with respect 

to which the bridge System bank is chartered is in 

the best interest of the Farm Credit System or the 

public. 

‘‘(B) BRIDGE SYSTEM BANK TREATED AS BEING IN

DEFAULT FOR CERTAIN PURPOSES.—A bridge System bank 

shall be treated as being in default at such times and 

for such purposes as the Corporation may, in its discretion, 

determine. 

‘‘(C) MANAGEMENT.—A bridge System bank, upon the 

granting of its charter, shall be under the management 

of a board of directors consisting of not fewer than 5 nor 

more than 10 members appointed by the Corporation, in 

consultation with the Farm Credit Administration. 

‘‘(D) BYLAWS.—The board of directors of a bridge 

System bank shall adopt such bylaws as may be approved 

by the Corporation. 

‘‘(3) TRANSFER OF ASSETS AND LIABILITIES.— 

‘‘(A) TRANSFER UPON GRANT OF CHARTER.—Upon the 

granting of a charter to a bridge System bank pursuant 

to this subsection, the Corporation, as receiver, may 

transfer any assets and liabilities of the System bank to 

the bridge System bank in accordance with paragraph (1). 

‘‘(B) SUBSEQUENT TRANSFERS.—At any time after a 

charter is granted to a bridge System bank, the Corporation, as receiver, may transfer any assets and liabilities 

of such System bank in default as the Corporation may, 

in its discretion, determine to be appropriate in accordance 

with paragraph (1). 

‘‘(C) EFFECTIVE WITHOUT APPROVAL.—The transfer of 

any assets or liabilities of a System bank in default or 

danger of default transferred to a bridge System bank 

shall be effective without any further approval under Federal or State law, assignment, or consent with respect 

thereto. 

‘‘(4) POWERS OF BRIDGE SYSTEM BANKS.—Each bridge 

System bank chartered under this subsection shall, to the 

extent described in the charter of the System bank in default 

with respect to which the bridge System bank is chartered, 

have all corporate powers of, and be subject to the same provisions of law as, any System bank, except that— 

‘‘(A) the Corporation may— 

‘‘(i) remove the interim directors and directors of 

a bridge System bank; 

‘‘(ii) fix the compensation of members of the interim 

board of directors and the board of directors and senior 


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management, as determined by the Corporation in its 

discretion, of a bridge System bank; and 

‘‘(iii) waive any requirement established under 

Federal or State law which would otherwise be 

applicable with respect to directors of a bridge System 

bank, on the condition that the waiver of any requirement established by the Farm Credit Administration 

shall require the concurrence of the Farm Credit 

Administration; 

‘‘(B) the Corporation may indemnify the representatives for purposes of paragraph (1)(B) and the interim 

directors, directors, officers, employees, and agents of a 

bridge System bank on such terms as the Corporation 

determines to be appropriate; 

‘‘(C) no requirement under any provision of law relating 

to the capital of a System institution shall apply with 

respect to a bridge System bank; 

‘‘(D) the Farm Credit Administration Board may establish a limitation on the extent to which any person may 

become indebted to a bridge System bank without regard 

to the amount of the bridge System bank’s capital or surplus; 

‘‘(E)(i) the board of directors of a bridge System bank 

shall elect a chairperson who may also serve in the position 

of chief executive officer, except that such person shall 

not serve either as chairperson or as chief executive officer 

without the prior approval of the Corporation; and 

‘‘(ii) the board of directors of a bridge System bank 

may appoint a chief executive officer who is not also the 

chairperson, except that such person shall not serve as 

chief executive officer without the prior approval of the 

Corporation; 

‘‘(F) the Farm Credit Administration may waive any 

requirement for a fidelity bond with respect to a bridge 

System bank at the request of the Corporation; 

‘‘(G) any judicial action to which a bridge System bank 

becomes a party by virtue of its acquisition of any assets 

or assumption of any liabilities of a System bank in default 

shall be stayed from further proceedings for a period of 

up to 45 days at the request of the bridge System bank; 

‘‘(H) no agreement which tends to diminish or defeat 

the right, title or interest of a bridge System bank in 

any asset of a System bank in default acquired by it shall 

be valid against the bridge System bank unless such agreement— 

‘‘(i) is in writing; 

‘‘(ii) was executed by such System bank in default 

and the person or persons claiming an adverse interest 

thereunder, including the obligor, contemporaneously 

with the acquisition of the asset by such System bank 

in default; 

‘‘(iii) was approved by the board of directors of 

such System bank in default or its loan committee, 

which approval shall be reflected in the minutes of 

said board or committee; and 


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‘‘(iv) has been, continuously from the time of its 

execution, an official record of such System bank in 

default; 

‘‘(I) notwithstanding subsection 5.61(d)(2), any agreement relating to an extension of credit between a System 

bank, Federal Reserve bank, or the United States Treasury 

and any System institution which was executed before 

the extension of credit by such lender to such System 

institution shall be treated as having been executed 

contemporaneously with such extension of credit for purposes of subparagraph (H); and 

‘‘(J) except with the prior approval of the Corporation 

and the concurrence of the Farm Credit Administration, 

a bridge System bank may not, in any transaction or series 

of transactions, issue capital stock or be a party to any 

merger, consolidation, disposition of substantially all of 

the assets or liabilities of the bridge System bank, sale 

or exchange of capital stock, or similar transaction, or 

change its charter. 

‘‘(5) CAPITAL.— 

‘‘(A) NO CAPITAL REQUIRED.—The Corporation shall not 

be required to— 

‘‘(i) issue any capital stock on behalf of a bridge 

System bank chartered under this subsection; or 

‘‘(ii) purchase any capital stock of a bridge System 

bank, except that notwithstanding any other provision 

of Federal or State law, the Corporation may purchase 

and retain capital stock of a bridge System bank in 

such amounts and on such terms as the Corporation, 

in its discretion, determines to be appropriate. 

‘‘(B) OPERATING FUNDS IN LIEU OF CAPITAL.—Upon the 

organization of a bridge System bank, and thereafter, as 

the Corporation may, in its discretion, determine to be 

necessary or advisable, the Corporation may make available to the bridge System bank, upon such terms and 

conditions and in such form and amounts as the Corporation may in its discretion determine, funds for the operation 

of the bridge System bank in lieu of capital. 

‘‘(C) AUTHORITY TO ISSUE CAPITAL STOCK.—Whenever 

the Farm Credit Administration Board determines it is 

advisable to do so, the Corporation shall cause capital 

stock of a bridge System bank to be issued and offered 

for sale in such amounts and on such terms and conditions 

as the Corporation may, in its discretion, determine. 

‘‘(6) EMPLOYEE STATUS.—Representatives for purposes of 

paragraph (1)(C), interim directors, directors, officers, 

employees, or agents of a bridge System bank are not, solely 

by virtue of service in any such capacity, officers or employees 

of the United States. Any employee of the Corporation, the 

Farm Credit Administration, or any Federal instrumentality 

who serves at the request of the Corporation as a representative 

for purposes of paragraph (1)(C), interim director, director, 

officer, employee, or agent of a bridge System bank shall not— 

‘‘(A) solely by virtue of service in any such capacity 

lose any existing status as an officer or employee of the 

United States for purposes of any provision of law; or 


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‘‘(B) receive any salary or benefits for service in any 

such capacity with respect to a bridge System bank in 

addition to such salary or benefits as are obtained through 

employment with the Corporation or such Federal 

instrumentality. 

‘‘(7) ASSISTANCE AUTHORIZED.—The Corporation may, in 

its discretion, provide assistance under section 5.61(a) to facilitate any merger or consolidation of a bridge System bank 

in the same manner and to the same extent as such assistance 

may be provided to a qualifying insured System bank (as 

defined in section 5.61(a)(2)(B)) or to facilitate a bridge System 

bank’s acquisition of any assets or the assumption of any liabilities of a System bank in default or in danger of default. 

‘‘(8) DURATION OF BRIDGE SYSTEM BANKS.—Subject to paragraphs (10) and (11), the status of a bridge System bank as 

such shall terminate at the end of the 2-year period following 

the date it was granted a charter. The Farm Credit Administration Board may, in its discretion, extend the status of the 

bridge System bank as such for 3 additional 1-year periods. 

‘‘(9) TERMINATION OF BRIDGE SYSTEM BANKS STATUS.—The 

status of any bridge System bank as such shall terminate 

upon the earliest of— 

‘‘(A) the merger or consolidation of the bridge System 

bank with a System institution that is not a bridge System 

bank, on the condition that the merger or consolidation 

shall be subject to the approval of the Farm Credit 

Administration; 

‘‘(B) at the election of the Corporation and with the 

approval of the Farm Credit Administration, the sale of 

a majority or all of the capital stock of the bridge System 

bank to a System institution or another bridge System 

bank; 

‘‘(C) at the election of the Corporation, and with the 

approval of the Farm Credit Administration, either the 

assumption of all or substantially all of the liabilities of 

the bridge System bank, or the acquisition of all or substantially all of the assets of the bridge System bank, by a 

System institution that is not a bridge System bank or 

other entity as permitted under applicable law; and 

‘‘(D) the expiration of the period provided in paragraph 

(8), or the earlier dissolution of the bridge System bank 

as provided in paragraph (11). 

‘‘(10) EFFECT OF TERMINATION EVENTS.— 

‘‘(A) MERGER OR CONSOLIDATION.—A bridge System 

bank that participates in a merger or consolidation as 

provided in paragraph (9)(A) shall be for all purposes a 

System institution, with all the rights, powers, and privileges thereof, and such merger or consolidation shall be 

conducted in accordance with, and shall have the effect 

provided in, the provisions of applicable law. 

‘‘(B) CHARTER CONVERSION.—Following the sale of a 

majority or all of the capital stock of the bridge System 

bank as provided in paragraph (9)(B), the Farm Credit 

Administration Board may amend the charter of the bridge 

System bank to reflect the termination of the status of 

the bridge System bank as such, whereupon the System 

bank shall remain a System bank, with all of the rights, 


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132 STAT. 4720 PUBLIC LAW 115–334—DEC. 20, 2018 

powers, and privileges thereof, subject to all laws and regulations applicable thereto. 

‘‘(C) ASSUMPTION OF LIABILITIES AND SALE OF ASSETS.— 

Following the assumption of all or substantially all of the 

liabilities of the bridge System bank, or the sale of all 

or substantially all of the assets of the bridge System 

bank, as provided in paragraph (9)(C), at the election of 

the Corporation, the bridge System bank may retain its 

status as such for the period provided in paragraph (8). 

‘‘(D) AMENDMENTS TO CHARTER.—Following the consummation of a transaction described in subparagraph (A), 

(B), or (C) of paragraph (9), the charter of the resulting 

System institution shall be amended by the Farm Credit 

Administration to reflect the termination of bridge System 

bank status, if appropriate. 

‘‘(11) DISSOLUTION OF BRIDGE SYSTEM BANK.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of State or Federal law, if the bridge System bank’s 

status as such has not previously been terminated by the 

occurrence of an event specified in subparagraph (A), (B), 

or (C) of paragraph (9)— 

‘‘(i) the Corporation, after consultation with the 

Farm Credit Administration, may, in its discretion, 

dissolve a bridge System bank in accordance with this 

paragraph at any time; and 

‘‘(ii) the Corporation, after consultation with the 

Farm Credit Administration, shall promptly commence 

dissolution proceedings in accordance with this paragraph upon the expiration of the 2-year period following the date the bridge System bank was chartered, 

or any extension thereof, as provided in paragraph 

(8). 

‘‘(B) PROCEDURES.—The Farm Credit Administration 

Board shall appoint the Corporation as receiver for a bridge 

System bank upon determining to dissolve the bridge 

System bank. The Corporation as such receiver shall wind 

up the affairs of the bridge System bank in conformity 

with the provisions of law relating to the liquidation of 

closed System banks. With respect to any such bridge 

System bank, the Corporation as such receiver shall have 

all the rights, powers, and privileges and shall perform 

the duties related to the exercise of such rights, powers, 

or privileges granted by law to a receiver of any insured 

System bank and, notwithstanding any other provision of 

law in the exercise of such rights, powers, and privileges, 

the Corporation shall not be subject to the direction or 

supervision of any State agency or other Federal agency. 

‘‘(12) MULTIPLE BRIDGE SYSTEM BANKS.—The Corporation 

may, in the Corporation’s discretion, organize, and the Farm 

Credit Administration may, in its discretion, charter, 2 or more 

bridge System banks under this subsection to assume any 

liabilities and purchase any assets of a single System institution 

in default. 

‘‘(i) CERTAIN SALES OF ASSETS PROHIBITED.— 

‘‘(1) PERSONS WHO ENGAGED IN IMPROPER CONDUCT WITH, OR CAUSED LOSSES TO, SYSTEM INSTITUTIONS.—The Corporation 

shall prescribe regulations which, at a minimum, shall prohibit 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4721 

the sale of assets of a failed System institution by the Corporation to— 

‘‘(A) any person who— 

‘‘(i) has defaulted, or was a member of a partnership or an officer or director of a corporation that 

has defaulted, on 1 or more obligations the aggregate 

amount of which exceed $1,000,000, to such failed 

System institution; 

‘‘(ii) has been found to have engaged in fraudulent 

activity in connection with any obligation referred to 

in clause (i); and 

‘‘(iii) proposes to purchase any such asset in whole 

or in part through the use of the proceeds of a loan 

or advance of credit from the Corporation or from 

any System institution for which the Corporation has 

been appointed as conservator or receiver; 

‘‘(B) any person who participated, as an officer or 

director of such failed System institution or of any affiliate 

of such System institution, in a material way in transactions that resulted in a substantial loss to such failed 

System institution; 

‘‘(C) any person who has been removed from, or prohibited from participating in the affairs of, such failed System 

institution pursuant to any final enforcement action by 

the Farm Credit Administration; 

‘‘(D) any person who has demonstrated a pattern or 

practice of defalcation regarding obligations to such failed 

System institution; or 

‘‘(E) any person who is in default on any loan or 

other extension of credit from such failed System institution 

which, if not paid, will cause substantial loss to the System 

institution or the Corporation. 

‘‘(2) DEFAULTED DEBTORS.—Except as provided in paragraph (3), any person who is in default on any loan or other 

extension of credit from the System institution, which, if not 

paid, will cause substantial loss to the System institution or 

the Corporation, may not purchase any asset from the conservator or receiver. 

‘‘(3) SETTLEMENT OF CLAIMS.—Paragraph (1) shall not apply 

to the sale or transfer by the Corporation of any asset of 

any System institution to any person if the sale or transfer 

of the asset resolves or settles, or is part of the resolution 

or settlement, of— 

‘‘(A) 1 or more claims that have been, or could have 

been, asserted by the Corporation against the person; or 

‘‘(B) obligations owed by the person to any System 

institution, or the Corporation. 

‘‘(4) DEFINITION OF DEFAULT.—For purposes of this subsection, the term ‘default’ means a failure to comply with the 

terms of a loan or other obligation to such an extent that 

the property securing the obligation is foreclosed upon. 

‘‘(j) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS.— 

‘‘(1) TIME FOR FILING NOTICE OF APPEAL.—The notice of 

appeal of any order, whether interlocutory or final, entered 

in any case brought by the Corporation against a System 

institution’s director, officer, employee, agent, attorney, 

accountant, or appraiser or any other person employed by or 


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132 STAT. 4722 PUBLIC LAW 115–334—DEC. 20, 2018 

providing services to a System institution shall be filed not 

later than 30 days after the date of entry of the order. The 

hearing of the appeal shall be held not later than 120 days 

after the date of the notice of appeal. The appeal shall be 

decided not later than 180 days after the date of the notice 

of appeal. 

‘‘(2) SCHEDULING.—A court of the United States shall expedite the consideration of any case brought by the Corporation 

against a System institution’s director, officer, employee, agent, 

attorney, accountant, or appraiser or any other person employed 

by or providing services to a System institution. As far as 

practicable the court shall give such case priority on its docket. 

‘‘(3) JUDICIAL DISCRETION.—The court may modify the 

schedule and limitations stated in paragraphs (1) and (2) in 

a particular case, based on a specific finding that the ends 

of justice that would be served by making such a modification 

would outweigh the best interest of the public in having the 

case resolved expeditiously. 

‘‘(k) BOND NOT REQUIRED; AGENTS; FEE.—The Corporation as 

conservator or receiver of a System institution shall not be required 

to furnish bond and may appoint an agent or agents to assist 

in its duties as such conservator or receiver. All fees, compensation, 

and expenses of liquidation and administration shall be fixed by 

the Corporation and may be paid by it out of funds coming into 

its possession as such conservator or receiver. 

‘‘(l) CONSULTATION REGARDING CONSERVATORSHIPS AND

RECEIVERSHIPS.—To the extent practicable— 

‘‘(1) the Farm Credit Administration shall consult with 

the Corporation prior to taking a preresolution action concerning a System institution that may result in a conservatorship or receivership; and 

‘‘(2) the Corporation, acting in the capacity of the Corporation as a conservator or receiver, shall consult with the Farm 

Credit Administration prior to taking any significant action 

impacting System institutions or service to System borrowers. 

‘‘(m) APPLICABILITY.—This section shall become applicable with 

respect to the power of the Corporation to act as a conservator 

or receiver on the date on which the Farm Credit Administration 

appoints the Corporation as a conservator or receiver under section 

4.12 or 8.41.’’. 

SEC. 5413. REPORTING. 

(a) DEFINITION OF FARM LOAN.—In this section, the term ‘‘farm 

loan’’ means— 

(1) a farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et 

seq.); and 

(2) an operating loan under subtitle B of that Act (7 U.S.C. 

1941 et seq.). 

(b) REPORTS.— 

(1) PREPARATION.—For each fiscal year, the Secretary shall 

prepare a report that includes— 

(A) aggregate data based on a review of each outstanding farm loan made or guaranteed by the Secretary 

describing, for the United States and for each State and 

county in the United States— 

(i) the age of the recipient producer; 

7 USC 2008w. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4723 

(ii) the duration that the recipient producer has 

engaged in agricultural production; 

(iii) the size of the farm or ranch of the recipient 

producer; 

(iv) the race, ethnicity, and gender of the recipient 

producer; 

(v) the agricultural commodity or commodities, or 

type of enterprise, for which the loan was secured; 

(vi) the amount of the farm loan made or guaranteed; 

(vii) the type of the farm loan made or guaranteed; 

and 

(viii) the default rate of the farm loan made or 

guaranteed; 

(B) for each State and county in the United States, 

data demonstrating the number of outstanding farm loans 

made or guaranteed, according to loan size cohort; and 

(C) an assessment of actual loans made or guaranteed 

as measured against target participation rates for beginning and socially disadvantaged farmers, broken down by 

State, as described in sections 346(b)(2) and 355 of the 

Consolidated Farm and Rural Development Act (7 U.S.C. 

1994(b)(2), 2003). 

(2) SUBMISSION OF REPORT.—The report described in paragraph (1) shall be— 

(A) submitted— 

(i) to— 

(I) the Committee on Agriculture of the House 

of Representatives; 

(II) the Committee on Appropriations of the 

House of Representatives; 

(III) the Committee on Agriculture, Nutrition, 

and Forestry of the Senate; and 

(IV) the Committee on Appropriations of the 

Senate; and 

(ii) not later than December 30, 2019, and annually 

thereafter; and 

(B) made publicly available not later than 90 days 

after the date described in subparagraph (A)(ii). 

(c) COMPREHENSIVE REVIEW.— 

(1) IN GENERAL.—Not later than 4 years after the date 

of enactment of this Act (and every 5 years thereafter), the 

Secretary shall— 

(A) prepare a comprehensive review of all reports submitted under subsection (b)(2); 

(B) identify trends within data outlined in subsection 

(b)(1), including the extent to which target annual participation rates for beginning and socially disadvantaged 

farmers (as defined by the Secretary) are being met for 

each loan type; and 

(C) provide specific actions the Department will take 

to improve the performance of direct and guaranteed loans 

with respect to underserved producers and any recommendations the Secretary may make for further congressional action. 

(2) SUBMISSION OF COMPREHENSIVE REVIEW.—The comprehensive review described in paragraph (1) shall be— 


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132 STAT. 4724 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) submitted to— 

(i) the Committee on Agriculture of the House 

of Representatives; 

(ii) the Committee on Appropriations of the House 

of Representatives; 

(iii) the Committee on Agriculture, Nutrition, and 

Forestry of the Senate; and 

(iv) the Committee on Appropriations of the 

Senate; and 

(B) made publicly available not later than 90 days 

after the date of submission under subparagraph (A). 

(d) PRIVACY.—In preparing any report or review under this 

section, the Secretary shall aggregate or de-identify the data in 

a manner sufficient to ensure that the identity of a recipient producer associated with the data cannot be ascertained. 

SEC. 5414. STUDY ON LOAN RISK. 

(a) STUDY.—The Farm Credit Administration shall conduct a 

study that— 

(1) analyzes and compares the financial risks inherent in 

loans made, held, securitized, or purchased by Farm Credit 

banks, associations, and the Federal Agricultural Mortgage Corporation and how such risks are required to be capitalized 

under statute and regulations in effect as of the date of the 

enactment of this Act; and 

(2) assesses the feasibility of increasing the acreage exception provided in section 8.8(c)(2) of the Farm Credit Act of 

1971 to 2,000 acres. 

(b) TIMELINE.—The Farm Credit Administration shall provide 

the results of the study required by subsection (a) to the Committee 

on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate no later 

than 180 days after the date of the enactment of this Act. 

SEC. 5415. GAO REPORT ON ABILITY OF THE FARM CREDIT SYSTEM 

TO MEET THE AGRICULTURAL CREDIT NEEDS OF INDIAN 

TRIBES AND THEIR MEMBERS. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall— 

(1) study the agricultural credit needs of farms, ranches, 

and related agricultural businesses that are owned or operated 

by— 

(A) Indian tribes on tribal lands; or 

(B) enrolled members of Indian tribes on Indian allotments; and 

(2) determine whether the institutions of the Farm Credit 

System have sufficient authority and resources to meet the 

needs. 

(b) DEFINITION OF INDIAN TRIBE.—In subsection (a), the term 

‘‘Indian tribe’’ means an Indian tribal entity that is eligible for 

funding and services from the Bureau of Indian Affairs by virtue 

of the status of the entity as an Indian tribe. 

(c) REPORT TO THE CONGRESS.—Within 90 days after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall prepare and submit to the Committees on Agriculture 

and on Natural Resources of the House of Representatives a written 

report that contains the findings of the study conducted under 

subsection (a). If the Comptroller General finds that the institutions 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4725 

of the Farm Credit System do not have sufficient authority or 

resources to meet the needs referred to in subsection (a), the report 

shall include such legislative and other recommendations as the 

Comptroller General determines would result in a system under 

which the needs are met in an equitable and effective manner. 

SEC. 5416. GAO REPORT ON CREDIT SERVICE TO SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. 

(a) DEFINITIONS.—In this section: 

(1) AGRICULTURAL CREDIT PROVIDER.—The term ‘‘agricultural credit provider’’ means— 

(A) a Farm Credit System institution; 

(B) a commercial bank; 

(C) the Federal Agricultural Mortgage Corporation; 

(D) a life insurance company; and 

(E) any other individual or entity, as determined by 

the Comptroller General of the United States. 

(2) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The 

term ‘‘socially disadvantaged farmer or rancher’’ has the 

meaning given the term in section 355(e) of the Consolidated 

Farm and Rural Development Act (7 U.S.C. 2003(e)). 

(b) STUDY.—The Comptroller General of the United States 

shall— 

(1) conduct a study— 

(A) to assess the credit and related services provided 

by agricultural credit providers to socially disadvantaged 

farmers and ranchers; 

(B) to review the overall participation of socially disadvantaged farmers and ranchers in the services described 

in subparagraph (A); and 

(C) to identify barriers that limit the availability of 

agricultural credit to socially disadvantaged farmers and 

ranchers; and 

(2) provide recommendations on how agricultural credit 

providers may improve outreach to socially disadvantaged 

farmers and ranchers relating to the availability of credit and 

related services. 

(c) REPORT.—Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States 

shall prepare and submit to the Committee on Agriculture of the 

House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the findings 

of the study conducted under subsection (b)(1) and the recommendations described in subsection (b)(2). 

TITLE VI—RURAL DEVELOPMENT 

Subtitle A—Improving Health Outcomes in 

Rural America 

SEC. 6101. COMBATING SUBSTANCE USE DISORDER IN RURAL 

AMERICA; PRIORITIZATIONS. 

(a) COMBATING SUBSTANCE USE DISORDER IN RURAL AMERICA.— 


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132 STAT. 4726 PUBLIC LAW 115–334—DEC. 20, 2018 

(1) PRIORITIZATIONS.—The Secretary shall make the following prioritizations and set asides for fiscal years 2019 

through 2025: 

(A) DISTANCE LEARNING AND TELEMEDICINE.— (i) SUBSTANCE USE DISORDER SET-ASIDE.—Subject 

to clause (ii), the Secretary shall make available not 

less than 20 percent of amounts made available under 

section 2335A of the Food, Agriculture, Conservation, 

and Trade Act of 1990 (7 U.S.C. 950aaa-2) for financial 

assistance under chapter 1 of subtitle D of title XXIII 

of such Act for telemedicine projects that provide substance use disorder treatment services. 

(ii) EXCEPTION.—In the case of a fiscal year for 

which the Secretary determines that there are not 

sufficient qualified applicants to receive financial 

assistance for projects providing substance use disorder 

treatment services to reach the 20-percent requirement 

under clause (i), the Secretary may make available 

less than 20 percent of amounts made available under 

such section 2335A for those services. 

(B) COMMUNITY FACILITIES DIRECT LOANS AND

GRANTS.— 

(i) SUBSTANCE USE DISORDER SELECTION PRIORITY.—In selecting recipients of direct loans or grants 

for the development of essential community facilities 

under section 306(a) of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 1926(a)), the Secretary shall give priority to entities eligible for those 

direct loans or grants— 

(I) to develop facilities to provide substance 

use disorder (including opioid substance use disorder)— 

(aa) prevention services; 

(bb) treatment services; 

(cc) recovery services; or 

(dd) any combination of those services; 

and 

(II) that employ staff that have appropriate 

expertise and training in how to identify and treat 

individuals with substance use disorders. 

(ii) USE OF FUNDS.—An eligible entity described 

in clause (i) that receives a direct loan or grant 

described in that clause may use the direct loan or 

grant funds for the development of telehealth facilities 

and systems to provide telehealth services for substance use disorder treatment. 

(C) RURAL HEALTH AND SAFETY EDUCATION PROGRAMS; 

SUBSTANCE USE DISORDER SELECTION PRIORITY.—In making 

grants under section 502(i) of the Rural Development Act 

of 1972 (7 U.S.C. 2662(i)), the Secretary shall give priority 

to an applicant that will use the grant for substance use 

disorder education and treatment and the prevention of 

substance use disorder. 

(2) LIMITATION ON OTHER REPRIORITIZATIONS.—For fiscal 

years 2019 through 2025, the Secretary shall not make any 

national reprioritizations within the Rural Health and Safety 

Education Programs, the Community Facilities direct loan and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4727 

grant programs, or the Distance Learning and Telemedicine 

programs under section 608 of the Rural Development Act 

of 1972. 

(3) TECHNICAL AMENDMENTS.—Title V of the Rural Development Act of 1972 (7 U.S.C. 2661 et seq.) is amended— 

(A) in section 502, in the matter preceding subsection 

(a), by inserting ‘‘(referred to in this title as the ‘Secretary’)’’ 

after ‘‘Agriculture’’; and 

(B) by striking ‘‘Secretary of Agriculture’’ each place 

it appears (other than in section 502 in the matter preceding subsection (a)) and inserting ‘‘Secretary’’. 

(b) TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSISTANCE.—Title VI of the Rural Development Act of 1972 (7 U.S.C. 

2204a–2204b) is amended by adding at the end the following: 

‘‘SEC. 608. TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSISTANCE. 

‘‘(a) AUTHORITY TO TEMPORARILY PRIORITIZE CERTAIN RURAL

DEVELOPMENT APPLICATIONS.—Notwithstanding any other provision 

of law, the Secretary, after consultation with such public health 

officials as may be necessary, may announce through a Federal 

Register notice pursuant to section 553(b)(3)(B) of title 5, United 

States Code, a temporary reprioritization, on a national or 

multistate basis, for certain rural development loan and grant 

applications to assist rural communities in responding to a significant public health disruption. 

‘‘(b) PUBLIC HEALTH DISRUPTION.—For the purposes of this 

section, the term ‘public health disruption’ means an unanticipated 

increase in mortality or morbidity in rural communities, when 

compared to non-rural communities, caused by identifiable events, 

actions, or behavioral trends, which can be remediated by the 

programs of the Rural Development mission area. When measuring 

a public health disruption, the Secretary may analyze data on 

a national or multi-state basis. 

‘‘(c) CONTENT OF ANNOUNCEMENT.—In the announcement, the 

Secretary shall— 

‘‘(1) describe the nature of the public health disruption, 

including the causes, effects, affected populations, and affected 

States; 

‘‘(2) explain how the programs of the Department of Agriculture will work in remedying the public health disruption; 

‘‘(3) identify the services, treatments, or infrastructure best 

suited to address the public health disruption; 

‘‘(4) establish— 

‘‘(A) the start and end dates of the reprioritization; 

‘‘(B) the programs subject to reprioritization and the 

modifications to the application process; 

‘‘(C) the process for making reprioritizations for 

applicable programs; 

‘‘(D) the amount of funds set-aside for applicable programs, except that a set-aside for such a program shall 

not be greater than 20 percent of the amounts appropriated 

for the program for the fiscal year involved; and 

‘‘(E) the region in which the reprioritization is in effect; 

and 

7 USC 2204b–2. 

7 USC 2662. 

7 USC 2662. 


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132 STAT. 4728 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(5) instruct program administrators to implement the 

reprioritization during the application window or announcement after the announcement takes effect. 

‘‘(d) LIMITATIONS ON REPRIORITIZATIONS.—When announcing 

the reprioritization, the Secretary shall— 

‘‘(1) establish an initial total time period of less than 4 

years, except as provided for in subsection (e); 

‘‘(2) implement only 1 nationally applicable reprioritization 

at a time; 

‘‘(3) implement only 1 regionally applicable reprioritization 

per State at a time; and 

‘‘(4) not use reprioritizations to allocate additional funds 

to an affected State. 

‘‘(e) EXTENSION.—The Secretary may extend an announcement 

under subsection (a) for no more than 6 years in total, except 

that nothing shall prevent the Secretary from renewing 

reprioritizations by making a new announcement under subsection 

(a). 

‘‘(f) RESCINDING THE ANNOUNCEMENT.—The Secretary may 

rescind a reprioritization announcement made under subsection 

(a) at any time the Secretary determines that the temporary 

reprioritizations are no longer needed or effective. 

‘‘(g) NOTICE.—Not later than 48 hours after making, extending, 

or rescinding an announcement under this section, the Secretary 

shall submit to the Committee on Agriculture of the House of 

Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate, and transmit to the Secretary of Health 

and Human Services, a written notice of the declaration, extension, 

or rescission.’’. 

SEC. 6102. DISTANCE LEARNING AND TELEMEDICINE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 2335A of the 

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

950aaa–5) is amended by striking ‘‘$75,000,000 for each of fiscal 

years 2014 through 2018’’ and inserting ‘‘$82,000,000 for each of 

fiscal years 2019 through 2023’’. 

(b) CONFORMING AMENDMENT.—Section 1(b) of Public Law 102– 

551 (7 U.S.C. 950aaa note) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 6103. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT. 

Subtitle D of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1981 et seq.) is amended by inserting after section 

341 the following: 

‘‘SEC. 342. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT. 

‘‘Assistance under section 306(a) for a community facility, or 

under section 310B, may include the refinancing of a debt obligation 

of a rural hospital as an eligible loan or loan guarantee purpose 

if the assistance would help preserve access to a health service 

in a rural community, meaningfully improve the financial position 

of the hospital, and otherwise meet the financial feasibility and 

adequacy of security requirements of the Rural Development 

Agency.’’. 

7 USC 1990a. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4729 

Subtitle B—Connecting Rural Americans 

to High Speed Broadband 

SEC. 6201. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES 

IN RURAL AREAS. 

Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 

950bb) is amended— 

(1) in subsection (a), by striking ‘‘provide loans and loan 

guarantees’’ and inserting ‘‘provide grants, provide loans, and 

provide loan guarantees’’; 

(2) in subsection (b)(3)(A)(ii), by inserting ‘‘in the case of 

a grant or direct loan,’’ before ‘‘a city’’; 

(3) in subsection (c)— 

(A) in the subsection heading, by striking ‘‘LOANS AND’’ 

and inserting ‘‘GRANTS, LOANS, AND’’; 

(B) in paragraph (1), by striking ‘‘shall make or guarantee loans’’ and inserting ‘‘shall make grants, shall make 

loans, and shall guarantee loans’’; 

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

‘‘(2) PRIORITY.— 

‘‘(A) IN GENERAL.—In making grants, making loans, 

and guaranteeing loans under paragraph (1), the Secretary 

shall— 

‘‘(i) give the highest priority to applications for 

projects to provide broadband service to unserved rural 

communities that do not have any residential 

broadband service of at least— 

‘‘(I) a 10-Mbps downstream transmission 

capacity; and 

‘‘(II) a 1-Mbps upstream transmission capacity; 

‘‘(ii) give priority to applications for projects to 

provide the maximum level of broadband service to 

the greatest proportion of rural households in the proposed service area identified in the application; 

‘‘(iii) provide equal consideration to all eligible entities, including those that have not previously received 

grants, loans, or loan guarantees under paragraph (1); 

and 

‘‘(iv) with respect to 2 or more applications that 

are given the same priority under clause (i), give priority to an application that requests less grant funding 

than loan funding. 

‘‘(B) OTHER.—After giving priority to the applications 

described in clauses (i) and (ii) of subparagraph (A), the 

Secretary shall then give priority to applications— 

‘‘(i) for projects to provide broadband service to 

rural communities— 

‘‘(I) with a population of less than 10,000 

permanent residents; 

‘‘(II) that are experiencing outmigration and 

have adopted a strategic community investment 

plan under section 379H(d) that includes considerations for improving and expanding broadband 

service; 


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132 STAT. 4730 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(III) with a high percentage of low income 

families or persons (as defined in section 501(b) 

of the Housing Act of 1949 (42 U.S.C. 1471(b)); 

‘‘(IV) that are isolated from other significant 

population centers; or 

‘‘(V) that provide rapid and expanded deployment of fixed and mobile broadband on cropland 

and ranchland within a service territory for use 

in various applications of precision agriculture; and 

‘‘(ii) that were developed with the participation 

of, and will receive a substantial portion of the funding 

for the project from, 2 or more stakeholders, 

including— 

‘‘(I) State, local, and tribal governments; 

‘‘(II) nonprofit institutions; 

‘‘(III) community anchor institutions, such 

as— 

‘‘(aa) public libraries; 

‘‘(bb) elementary schools and secondary 

schools (as defined in section 8101 of the 

Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801)); 

‘‘(cc) institutions of higher education; and 

‘‘(dd) health care facilities; 

‘‘(IV) private entities; 

‘‘(V) philanthropic organizations; and 

‘‘(VI) cooperatives. 

‘‘(3) GRANT AMOUNTS.— 

‘‘(A) DEFINITION OF DEVELOPMENT COSTS.—In this paragraph, the term ‘development costs’ means costs of— 

‘‘(i) construction, including labor and materials; 

‘‘(ii) project applications; and 

‘‘(iii) other development activities, as determined 

by the Secretary. 

‘‘(B) ELIGIBILITY.—To be eligible for a grant under this 

section, in addition to the requirements of subsection (d), 

the project that is the subject of the grant shall— 

‘‘(i) be carried out in a proposed service territory 

in which not less than 90 percent of the households 

are unserved; and 

‘‘(ii) not concurrently receive any other broadband 

grant administered by the Rural Utilities Service. 

‘‘(C) MAXIMUM.—Except as provided in subparagraph 

(D), the amount of any grant made under this section 

shall not exceed— 

‘‘(i) 75 percent of the total project cost with respect 

to an area with a density of fewer than 7 people 

per square mile; 

‘‘(ii) 50 percent of the total project cost with respect 

to an area with a density of 7 or more and fewer 

than 12 people per square mile; and 

‘‘(iii) 25 percent of the total project cost with 

respect to an area with a density of 12 or more and 

20 or fewer people per square mile. 

‘‘(D) SECRETARIAL AUTHORITY TO ADJUST.—The Secretary may— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4731 

‘‘(i) make grants of up to 75 percent of the development costs of the project for which the grant is provided 

to an eligible entity if the Secretary determines that 

the project serves— 

‘‘(I) an area of rural households described in 

paragraph (2)(A)(i); or 

‘‘(II) a rural community described in any of 

subclauses (I) through (IV) of paragraph (2)(B)(i); 

and 

‘‘(ii) make modifications of the density thresholds 

described in subparagraph (C), in order to ensure that 

funds provided under this section are best utilized 

to provide broadband service in communities that are 

the most rural in character. 

‘‘(E) APPLICATIONS.—The Secretary shall establish an 

application process for grants under this section that— 

‘‘(i) permits a single application for a grant and 

a loan under title I, II, or this title that is associated 

with such grant; and 

‘‘(ii) provides a single decision to award such grant 

and such loan. 

‘‘(F) DENSITY DETERMINATIONS.—When determining 

population density under this section, the Secretary shall 

prescribe a calculation method which— 

‘‘(i) utilizes publicly available data; and 

‘‘(ii) includes only those areas in which the 

applicant is able to meet the service requirements 

under this section, as determined by the Secretary. 

‘‘(4) FEES.—In the case of loan guarantees issued or modified under this section, the Secretary shall charge and collect 

from the lender fees in such amounts as to bring down the 

costs of subsidies for guaranteed loans, except that such fees 

shall not act as a bar to participation in the programs nor 

be inconsistent with current practices in the marketplace.’’; 

(4) in subsection (d)— 

(A) in paragraph (1)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘loan or’’ and inserting ‘‘grant, loan, or’’; 

(II) by striking clause (i) and inserting the 

following: 

‘‘(i) demonstrate the ability to furnish or improve 

service in order to meet the broadband buildout 

requirements established under subsection (e)(4) in all 

or part of an unserved or underserved rural area;’’. 

(III) in clause (ii), by striking ‘‘a loan application’’ and inserting ‘‘an application’’; and 

(IV) in clause (iii)— 

(aa) by striking ‘‘service’’ and inserting 

‘‘infrastructure’’; 

(bb) by striking ‘‘loan’’ the first place it 

appears; 

(cc) by striking ‘‘3’’ and inserting ‘‘5’’; and 

(dd) by striking ‘‘proceeds from the loan 

made or guaranteed under this section are’’ 

and inserting ‘‘assistance under this section 

is’’; and 


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132 STAT. 4732 PUBLIC LAW 115–334—DEC. 20, 2018 

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

inserting ‘‘(j)’’; and 

(B) in paragraph (2)(A)— 

(i) in the matter preceding clause (i)— 

(I) by striking ‘‘the proceeds of a loan made 

or guaranteed’’ and inserting ‘‘assistance’’; and 

(II) by striking ‘‘for the loan or loan guarantee’’ 

and inserting ‘‘of the eligible entity’’; and 

(ii) in clause (i)— 

(I) by striking ‘‘15 percent’’ and inserting ‘‘50 

percent (in the case of loans or loan guarantees 

provided in accordance with subsection (g)(1)(A))’’; 

and 

(II) by striking ‘‘level of broadband service’’ 

and inserting ‘‘level of fixed broadband service, 

whether terrestrial or wireless,’’; 

(C) in paragraph (3)(A), by striking ‘‘loan or’’ and 

inserting ‘‘grant, loan, or’’; 

(D) in paragraph (4), by striking ‘‘a loan or loan guarantee’’ and inserting ‘‘assistance’’; and 

(E) by striking paragraphs (5) through (10) and 

inserting the following: 

‘‘(5) TECHNICAL ASSISTANCE AND TRAINING.— 

‘‘(A) IN GENERAL.—The Secretary may provide to 

eligible entities described in paragraph (1) that are 

applying for assistance under this section for a project 

described in subsection (c)(2)(A)(i) technical assistance and 

training— 

‘‘(i) to prepare reports and surveys necessary to 

request grants, loans, and loan guarantees under this 

section for broadband deployment; 

‘‘(ii) to improve management, including financial 

management, relating to the proposed broadband 

deployment; 

‘‘(iii) to prepare applications for grants, loans, and 

loan guarantees under this section; or 

‘‘(iv) to assist with other areas of need identified 

by the Secretary. 

‘‘(B) FUNDING.—Not less than 3 percent and not more 

than 5 percent of amounts appropriated to carry out this 

section for a fiscal year shall be used for technical assistance and training under this paragraph.’’; 

(5) in subsection (e)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘4-Mbps’’ and 

inserting ‘‘25-Mbps’’; and 

(ii) in subparagraph (B), by striking ‘‘1-Mbps’’ and 

inserting ‘‘3-Mbps’’; 

(B) in paragraph (2)— 

(i) by— 

(I) striking the following: 

‘‘(2) ADJUSTMENTS.— 

‘‘(A) IN GENERAL.—At’’; and 

(II) inserting the following: 

‘‘(2) ADJUSTMENTS.—At’’; 

(ii) by inserting ‘‘and broadband buildout requirements under paragraph (4)’’ after ‘‘(1)’’; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4733 

(iii) by striking subparagraph (B); and 

(C) by adding at the end the following: 

‘‘(4) BROADBAND BUILDOUT REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The term ‘broadband buildout 

requirement’ means the level of internet service an 

applicant receiving assistance under this section must 

agree, at the time the application is finalized, to provide 

for the duration of any project-related agreement between 

the applicant and the Department. 

‘‘(B) BROADBAND BUILDOUT REQUIREMENTS FURTHER

DEFINED.—Subject to subparagraph (C), the Secretary shall 

establish broadband buildout requirements for projects 

with agreement lengths of— 

‘‘(i) 5 to 10 years; 

‘‘(ii) 11 to 15 years; 

‘‘(iii) 16 to 20 years; and 

‘‘(iv) more than 20 years. 

‘‘(C) REQUIREMENTS.—In establishing the broadband 

buildout requirements under subparagraph (B), the Secretary shall— 

‘‘(i) utilize the same metrics used to define the 

minimum acceptable level of broadband service under 

paragraph (1); 

‘‘(ii) establish such requirements to reasonably 

ensure— 

‘‘(I) the repayment of all loans and loan 

guarantees; and 

‘‘(II) the financed network is technically 

capable of providing broadband service for the lifetime of any project-related agreement. 

‘‘(D) SUBSTITUTE SERVICE STANDARDS FOR UNIQUE

SERVICE TERRITORIES.—If an applicant shows that it would 

be cost prohibitive to meet the broadband buildout requirements established under this paragraph for the entirety 

of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and 

the applicant may agree to utilize substitute standards 

for any unserved portion of the project. Any substitute 

service standards should continue to consider the best technology available to meet the needs of the residents in 

the unserved area.’’; 

(6) in subsection (f), by striking ‘‘make a loan or loan 

guarantee’’ and inserting ‘‘provide assistance’’; 

(7) in subsection (g), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); 

(8) by striking subsections (i) and (j) and inserting the 

following: 

‘‘(i) PAYMENT ASSISTANCE FOR CERTAIN LOAN AND GRANT

RECIPIENTS.— 

‘‘(1) USE OF GRANT FUNDS.—The Secretary may use the 

funds appropriated for a grant under this title for the cost 

(as defined by section 502 of the Congressional Budget Act 

of 1974) of providing assistance under paragraph (2). 

‘‘(2) PAYMENT ASSISTANCE.—When providing a grant under 

this title, the Secretary, at the sole discretion of the Secretary, 

may make— 


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132 STAT. 4734 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) a subsidized loan, which shall bear a reduced 

interest rate at such a rate as the Secretary determines 

appropriate to meet the objectives of the program; or 

‘‘(B) a payment assistance loan, which shall— 

‘‘(i) require no interest and principal payments 

while the borrower is— 

‘‘(I) in material compliance with the loan 

agreement; and 

‘‘(II) meeting the milestones and objectives of 

the project agreed to under paragraph (3); and 

‘‘(ii) require such nominal periodic payments as 

the Secretary determines to be appropriate. 

‘‘(3) AGREEMENT ON MILESTONES AND OBJECTIVES.—With 

respect to payment assistance provided under paragraph (2), 

before entering into the agreement under which the payment 

assistance will be provided, the applicant and the Secretary 

shall agree to milestones and objectives of the project. 

‘‘(4) AMENDMENT OF MILESTONES AND OBJECTIVES.—The 

Secretary and the applicant may jointly agree to amend the 

milestones and objectives agreed to under paragraph (3). 

‘‘(5) CONSIDERATIONS.—When deciding to utilize the payment assistance authority under paragraph (2) the Secretary 

shall consider whether or not the payment assistance will— 

‘‘(A) improve the compliance of the grantee with any 

commitments made through the grant agreement; 

‘‘(B) promote the completion of the broadband project; 

‘‘(C) protect taxpayer resources; and 

‘‘(D) support the integrity of the broadband programs 

administered by the Secretary. 

‘‘(6) LIMITATIONS ON PAYMENT ASSISTANCE.—The Secretary 

may not make a payment assistance loan under paragraph 

(2)(B) to an entity receiving a grant under this section that 

is also the recipient of a loan under title I or II that is associated 

with such grant.’’; 

(9) in subsection (k)(1)— 

(A) by striking ‘‘$25,000,000’’ and inserting 

‘‘$350,000,000’’; and 

(B) by striking ‘‘2008 through 2018’’ and inserting 

‘‘2019 through 2023’’; 

(10) in subsection (l)— 

(A) by striking ‘‘loan or’’ and inserting ‘‘grant, or loan, 

or’’; and 

(B) by striking ‘‘2018’’ and inserting ‘‘2023’’; and 

(11) by redesignating subsections (k) and (l) as subsections 

(j) and (k), respectively. 

SEC. 6202. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO 

RURAL AREAS. 

Section 602 of the Rural Electrification Act of 1936 (7 U.S.C. 

950bb–1) is amended to read as follows: 

‘‘SEC. 602. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO 

RURAL AREAS. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage 

the expansion and extension of middle mile broadband infrastructure to connect underserved rural areas to the backbone of the 

Internet. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4735 

‘‘(b) MIDDLE MILE INFRASTRUCTURE.—For the purposes of this 

section, the term ‘middle mile infrastructure’ means any broadband 

infrastructure that does not connect directly to end-user locations 

(including anchor institutions) and may include interoffice transport, backhaul, Internet connectivity, data centers, or special access 

transport to rural areas. 

‘‘(c) GRANTS, LOANS, AND LOAN GUARANTEES.—The Secretary 

shall make grants, loans, and loan guarantees to eligible applicants 

described in subsection (d) to provide funds for the construction, 

improvement, or acquisition of middle mile infrastructure to serve 

rural areas. 

‘‘(d) ELIGIBILITY.— ‘‘(1) ELIGIBLE APPLICANTS.— ‘‘(A) IN GENERAL.—To be eligible to obtain assistance 

under this section, an eligible entity shall— 

‘‘(i) submit to the Secretary an application at such 

time, in such manner, and containing such information 

as the Secretary may require; 

‘‘(ii) agree to complete build-out of the middle mile 

infrastructure described in the application by not later 

than 5 years after the initial date on which proceeds 

from the assistance provided under this section are 

made available; and 

‘‘(iii) submit to the Secretary a plan to ensure 

the viability of the project by— 

‘‘(I) connecting, assisting with connecting, or 

enabling the connection of retail broadband systems that serve rural areas within the proposed 

service territory to the middle mile infrastructure 

project in an affordable and economically competitive manner; 

‘‘(II) leasing or selling sufficient capacity prior 

to project approval; and 

‘‘(III) complying with any other requirements 

imposed by the Secretary. 

‘‘(B) ADDITIONAL END USER BROADBAND PROGRAMS.— 

Entities that receive assistance to construct, improve, or 

acquire middle mile infrastructure under this section shall 

be eligible to apply for additional funds under this title 

to provide for retail broadband service to end users. 

‘‘(2) ELIGIBLE SERVICE TERRITORIES.—The proceeds of 

assistance provided under this section may be used to carry 

out a project in a proposed service territory only if, as of 

the date the application for assistance under this section is 

submitted, there is not adequate middle mile infrastructure 

available to support broadband service for eligible rural communities that would be provided access to the middle mile infrastructure. 

‘‘(3) ELIGIBLE PROJECTS.—A project shall be eligible for 

assistance under this section if at the time of the application— 

‘‘(A) at least 75 percent of the interconnection points 

serve such eligible rural areas; and 

‘‘(B) the Secretary determines that the proposed middle 

mile network will be capable of supporting retail broadband 

service meeting the maximum broadband buildout requirement established under section 601(e)(4) for the residents 

within the proposed service territory. 


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132 STAT. 4736 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(e) LIMITATION ON GRANTS.—In making grants under this section, the Secretary shall— 

‘‘(1) not provide any grant in excess of 20 percent of the 

total project cost; and 

‘‘(2) provide grants only to those projects which serve rural 

areas where population density or geographic characteristics 

make it infeasible to construct middle mile broadband systems 

without grant assistance. 

‘‘(f) TERMS, CONDITIONS, AND ADEQUACY OF SECURITY.—All 

loans and loan guarantees provided under this section shall be 

made subject to such terms, conditions, and adequacy of security 

requirements as may be imposed by the Secretary. If the middle 

mile infrastructure would not provide adequate security due to 

long-term leasing arrangements, the Secretary shall require substitute security in such form and substance as are acceptable to 

the Secretary. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000 for each 

of fiscal years 2018 through 2023.’’. 

SEC. 6203. MODIFICATIONS TO THE RURAL GIGABIT PROGRAM. 

Section 603 of the Rural Electrification Act of 1936 (7 U.S.C. 

950bb–2) is amended— 

(1) in the section heading, by striking ‘‘RURAL GIGABIT

NETWORK PILOT’’ and inserting ‘‘INNOVATIVE BROADBAND

ADVANCEMENT’’; 

(2) in subsection (d), by striking ‘‘2014 through 2018’’ and 

inserting ‘‘2019 through 2023’’; 

(3) by redesignating subsection (d) as subsection (e); and 

(4) by striking subsections (a) through (c) and inserting 

the following: 

‘‘(a) IN GENERAL.—The Secretary shall establish a program 

to be known as the ‘Innovative Broadband Advancement Program’, 

under which the Secretary may provide a grant, a loan, or both 

to an eligible entity for the purpose of demonstrating innovative 

broadband technologies or methods of broadband deployment that 

significantly decrease the cost of broadband deployment, and provide substantially faster broadband speeds than are available, in 

a rural area. 

‘‘(b) RURAL AREA.—In this section, the term ‘rural area’ has 

the meaning provided in section 601(b)(3). 

‘‘(c) ELIGIBILITY.—To be eligible to obtain assistance under this 

section for a project, an entity shall— 

‘‘(1) submit to the Secretary an application— 

‘‘(A) that describes a project designed to decrease the 

cost of broadband deployment, and substantially increase 

broadband speed to not less than the maximum broadband 

buildout requirements established under section 601(e)(4), 

in a rural area to be served by the project; and 

‘‘(B) at such time, in such manner, and containing 

such other information as the Secretary may require; 

‘‘(2) demonstrate that the entity is able to carry out the 

project; and 

‘‘(3) agree to complete the project build-out within 5 years 

after the date the assistance is first provided for the project. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4737 

‘‘(d) PRIORITIZATION.—In awarding assistance under this section, the Secretary shall give priority to proposals for projects 

that— 

‘‘(1) involve partnerships between or among multiple entities; 

‘‘(2) would provide broadband service to the greatest 

number of rural entities at or above the broadband requirements referred to in subsection (c)(1)(A); and 

‘‘(3) the Secretary determines could be replicated in rural 

areas described in paragraph (2).’’. 

SEC. 6204. COMMUNITY CONNECT GRANT PROGRAM. 

Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 

950bb et seq.) is amended by adding at the end the following: 

‘‘SEC. 604. COMMUNITY CONNECT GRANT PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE BROADBAND SERVICE.—The term ‘eligible 

broadband service’ means broadband service that has the capability to transmit data at a speed specified by the Secretary, 

which may not be less than the applicable minimum download 

and upload speeds established by the Federal Communications 

Commission in defining the term ‘advanced telecommunications 

capability’ for purposes of section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302). 

‘‘(2) ELIGIBLE SERVICE AREA.—The term ‘eligible service 

area’ means an area in which broadband service capacity is 

less than— 

‘‘(A) a 10-Mbps downstream transmission capacity; and 

‘‘(B) a 1-Mbps upstream transmission capacity. 

‘‘(3) ELIGIBLE ENTITY.— 

‘‘(A) IN GENERAL.—The term ‘eligible entity’ means a 

legally organized entity that— 

‘‘(i) is— 

‘‘(I) an incorporated organization; 

‘‘(II) an Indian Tribe or Tribal organization; 

‘‘(III) a State; 

‘‘(IV) a unit of local government; or 

‘‘(V) any other legal entity, including a 

cooperative, a private corporation, or a limited 

liability company, that is organized on a for-profit 

or a not-for-profit basis; and 

‘‘(ii) has the legal capacity and authority to enter 

into a contract, to comply with applicable Federal laws, 

and to own and operate broadband facilities, as proposed in the application submitted by the entity for 

a grant under the Program. 

‘‘(B) EXCLUSIONS.—The term ‘eligible entity’ does not 

include— 

‘‘(i) an individual; or 

‘‘(ii) a partnership. 

‘‘(4) RURAL AREA.—The term ‘rural area’ has the meaning 

given the term in section 601(b)(3)(A). 

‘‘(b) ESTABLISHMENT.—The Secretary shall establish a program, 

to be known as the ‘Community Connect Grant Program’, to provide 

grants to eligible entities to finance broadband transmission in 

rural areas. 

7 USC 950bb–3. 


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132 STAT. 4738 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(c) ELIGIBLE PROJECTS.—An eligible entity that receives a 

grant under the Program shall use the grant to carry out a project 

that— 

‘‘(1) provides eligible broadband service to, within the proposed eligible service area described in the application submitted by the eligible entity— 

‘‘(A) each essential community facility as defined pursuant to section 306(a) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1926(a)); and 

‘‘(B) any required facilities necessary to offer that 

eligible broadband service to each residential and business 

customer within such proposed eligible service area; and 

‘‘(2) for not less than 2 years— 

‘‘(A) furnishes free eligible broadband service to a 

community center described in subsection (d)(1)(B); 

‘‘(B) provides not fewer than 2 computer access points 

for that free eligible broadband service; and 

‘‘(C) covers the cost of bandwidth to provide free eligible 

broadband service to each essential community facility that 

requests broadband services within the proposed eligible 

service area described in the application submitted by the 

eligible entity. 

‘‘(d) USES OF GRANT FUNDS.— 

‘‘(1) IN GENERAL.—An eligible entity that receives a grant 

under the Program may use the grant for— 

‘‘(A) the construction, acquisition, or leasing of facilities 

(including spectrum), land, or buildings to deploy eligible 

broadband service; and 

‘‘(B) the improvement, expansion, construction, or 

acquisition of a community center within the proposed 

eligible service area described in the application submitted 

by the eligible entity. 

‘‘(2) INELIGIBLE USES.—An eligible entity that receives a 

grant under the Program shall not use the grant for— 

‘‘(A) the duplication of any existing eligible broadband 

service provided by another entity in the eligible service 

area; or 

‘‘(B) operating expenses, except as provided in— 

‘‘(i) subsection (c)(2)(C) with respect to free eligible 

broadband service; and 

‘‘(ii) paragraph (1)(A) with respect to spectrum. 

‘‘(3) FREE ACCESS FOR COMMUNITY CENTERS.—Of the 

amounts provided to an eligible entity under a grant under 

the Program, the eligible entity shall use to carry out paragraph 

(1)(B) not greater than the lesser of— 

‘‘(A) 10 percent; and 

‘‘(B) $150,000. 

‘‘(e) MATCHING FUNDS.— 

‘‘(1) IN GENERAL.—An eligible entity that receives a grant 

under the Program shall provide a cash contribution in an 

amount that is not less than 15 percent of the amount of 

the grant. 

‘‘(2) REQUIREMENTS.—A cash contribution described in 

paragraph (1)— 

‘‘(A) shall be used solely for the project for which the 

eligible entity receives a grant under the Program; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4739 

‘‘(B) shall not include any Federal funds, unless a 

Federal statute specifically provides that those Federal 

funds may be considered to be from a non-Federal source. 

‘‘(f) APPLICATIONS.— ‘‘(1) IN GENERAL.—To be eligible to receive a grant under 

the Program, an eligible entity shall submit to the Secretary 

an application at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(2) REQUIREMENT.—An application submitted by an 

eligible entity under paragraph (1) shall include documentation 

sufficient to demonstrate the availability of funds to satisfy 

the requirement of subsection (e). 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $50,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 6205. OUTDATED BROADBAND SYSTEMS. 

(a) IN GENERAL.—Title VI of the Rural Electrification Act of 

1936 (7 U.S.C. 950bb et seq.) is further amended by adding at 

the end the following: 

‘‘SEC. 605. OUTDATED BROADBAND SYSTEMS. 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), the 

Secretary shall consider any portion of a service territory that 

is subject to an outstanding grant agreement between the Secretary 

and a broadband provider to be unserved for the purposes of all 

broadband assistance programs under this Act, if the broadband 

service in that portion of a service territory is less than 10 Mbps 

downstream transmission capacity or less than 1 Mbps upstream 

transmission capacity. 

‘‘(b) EXCEPTION.—The Secretary shall not consider a portion 

of a service territory described in subsection (a) to be unserved 

if the broadband service provider has constructed or begun to construct broadband facilities that meet the minimum acceptable level 

of service established under section 601(e), in that portion of the 

service territory.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall not take effect until October 1, 2020. 

SEC. 6206. DEFAULT AND DEOBLIGATION; DEFERRAL. 

Title VI of such Act (7 U.S.C. 950bb et seq.) is further amended 

by adding at the end the following: 

‘‘SEC. 606. DEFAULT AND DEOBLIGATION; DEFERRAL. 

‘‘(a) DEFAULT AND DEOBLIGATION.—In addition to other 

authority under applicable law, the Secretary shall establish written 

procedures for all broadband programs so that, to the maximum 

extent practicable, the programs are administered to— 

‘‘(1) recover funds from loan and grant defaults; 

‘‘(2) deobligate any awards, less allowable costs that demonstrate an insufficient level of performance (including metrics 

determined by the Secretary) or fraudulent spending, to the 

extent funds with respect to the award are available in the 

account relating to the program established by this title; 

‘‘(3) award those funds, on a competitive basis, to new 

or existing applicants consistent with this title; and 

‘‘(4) minimize overlap among the programs. 

7 USC 950bb–5. 

7 USC 950bb–4 

note. 

7 USC 950bb–4. 


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132 STAT. 4740 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(b) DEFERRAL PERIOD.—In determining the terms and conditions of assistance provided under this title, the Secretary may 

establish a deferral period of not shorter than the buildout period 

established for the project involved in order to support the financial 

feasibility and long-term sustainability of the project.’’. 

SEC. 6207. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIREMENTS. 

The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) 

is amended by adding at the end the following new title: 

‘‘TITLE VII—GENERAL AND 

ADMINISTRATIVE PROVISIONS 

‘‘SEC. 701. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIREMENTS. 

‘‘(a) NOTICE REQUIREMENTS.—The Secretary shall promptly 

make available to the public, a fully searchable database on the 

website of the Rural Utilities Service that contains information 

on all retail broadband projects provided assistance or for which 

assistance is sought that are administered by the Secretary, 

including, at a minimum— 

‘‘(1) notice of each application for assistance describing 

the application, including— 

‘‘(A) the identity of the applicant; 

‘‘(B) a description of each application, including— 

‘‘(i) a map of the proposed service area of the 

applicant; and 

‘‘(ii) the amount and type of support requested 

by each applicant; 

‘‘(C) the status of each application; and 

‘‘(D) the estimated number and proportion of service 

points in the proposed service territory without fixed 

broadband service, whether terrestrial or wireless; 

‘‘(2) notice of each entity receiving assistance administered 

by the Secretary, including— 

‘‘(A) the name of the entity; 

‘‘(B) the type of assistance being received; 

‘‘(C) the purpose for which the entity is receiving the 

assistance; and 

‘‘(D) each annual report submitted under subsection 

(c) (redacted to protect any proprietary information in the 

report); and 

‘‘(3) such other information as is sufficient to allow the 

public to understand assistance provided. 

‘‘(b) SERVICE AREA ASSESSMENT.— 

‘‘(1) IN GENERAL.—The Secretary shall, with respect to a 

retail broadband application for assistance, which is outside 

an area in which the applicant receives Federal universal 

service support— 

‘‘(A) after giving notice required by subsection (a)(1), 

afford service providers not less than 45 days to voluntarily 

submit information required by the Secretary onto the 

agency’s online mapping tool with respect to areas that 

are coterminous with the proposed service area of the 

application (or any parts thereof), such that the Secretary 

7 USC 950cc. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4741 

may assess whether the application submitted meets the 

eligibility requirements under this title; and 

‘‘(B) if no broadband service provider submits information under paragraph (1), consider the number of providers 

in the proposed service area to be established by using 

any other data regarding the availability of broadband 

service that the Secretary may collect or obtain through 

reasonable efforts. 

‘‘(2) ASSESSMENT OF UNSERVED COMMUNITIES.—In the case 

of an application given the highest priority under section 

601(c)(2)(A)(i), the Secretary shall confirm that each unserved 

rural community identified in the application is eligible for 

funding by— 

‘‘(A) conferring with, and obtaining data from, the 

Chair of the Federal Communications Commission and the 

Administrator of the National Telecommunications and 

Information Administration with respect to the service level 

in the service area proposed in the application; 

‘‘(B) reviewing any other source that is relevant to 

service data validation, as determined by the Secretary; 

and 

‘‘(C) performing site-specific testing to verify the 

unavailability of any retail broadband service. 

‘‘(3) FOIA EXEMPTION.—For purposes of section 552 of title 

5, United States Code, information received by the Secretary 

pursuant to paragraph (1)(A) of this subsection shall be exempt 

from disclosure pursuant to subsection (b)(2)(B) of such section 

552. 

‘‘(c) REPORTING BROADBAND IMPROVEMENTS TO USDA.— 

‘‘(1) IN GENERAL.—The Secretary shall require any entity 

receiving assistance for a project which provides retail 

broadband service to submit an annual report for 3 years after 

completion of the project, in a format specified by the Secretary, 

that describes— 

‘‘(A) the use by the entity of the assistance, including 

new equipment and capacity enhancements that support 

high-speed broadband access for educational institutions, 

health care providers, and public safety service providers 

(including the estimated number of end users who are 

currently using or forecasted to use the new or upgraded 

infrastructure); and 

‘‘(B) the progress towards fulfilling the objectives for 

which the assistance was granted, including— 

‘‘(i) the number of service points that will receive 

new broadband service, existing network service 

improvements, and facility upgrades resulting from the 

Federal assistance; 

‘‘(ii) the speed of broadband service; 

‘‘(iii) the average price of the most subscribed tier 

of broadband service in a proposed service area; 

‘‘(iv) new subscribers generated from the project; 

and 

‘‘(v) any metrics the Secretary determines to be 

appropriate. 

‘‘(2) ADDITIONAL REPORTING.— 


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132 STAT. 4742 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) BROADBAND BUILDOUT DATA.—As a condition of 

receiving assistance under section 601, a recipient of assistance shall provide to the Secretary complete, reliable, and 

precise geolocation information that indicates the location 

of new broadband service that is being provided or 

upgraded within the service territory supported by the 

grant, loan, or loan guarantee not later than 30 days after 

the earlier of— 

‘‘(i) the date of completion of any project milestone 

established by the Secretary; or 

‘‘(ii) the date of completion of the project. 

‘‘(B) REPORTING FOR MIDDLE MILE PROJECTS.—The Secretary shall require any entity receiving assistance under 

section 602 to submit a semiannual report for 5 years 

after completion of the project, in a format specified by 

the Secretary, that describes— 

‘‘(i) the use by the entity of the assistance to construct, improve, or acquire middle mile infrastructure; 

‘‘(ii) the progress towards meeting the end-user 

connection plan submitted under section 

602(d)(1)(A)(iii); and 

‘‘(iii) any additional metrics the Secretary determines to be appropriate. 

‘‘(C) ADDITIONAL REPORTING.—The Secretary may 

require any additional reporting and information by any 

recipient of any broadband assistance under this act so 

as to ensure compliance with this section. 

‘‘(d) ANNUAL REPORT ON BROADBAND PROJECTS AND SERVICE

TO CONGRESS.—Each year, the Secretary shall submit to the Congress a report that describes the extent of participation in the 

broadband assistance programs administered by the Secretary for 

the preceding fiscal year, including a description of— 

‘‘(1) the number of applications received and accepted, 

including any special loan terms or conditions for which the 

Secretary provided additional assistance to unserved areas; 

‘‘(2)(A) the communities proposed to be served in each 

application submitted for the fiscal year; and 

‘‘(B) the communities served by projects funded by 

broadband assistance programs; 

‘‘(3) the period of time required to approve each loan 

application under broadband programs; 

‘‘(4) any outreach activities carried out by the Secretary 

to encourage entities in rural areas without broadband service 

to submit applications under this Act; 

‘‘(5) the method by which the Secretary determines that 

a service enables a subscriber to originate and receive highquality voice, data, graphics, and video for purposes of providing 

broadband service under this Act; 

‘‘(6) each broadband service, including the type and speed 

of broadband service, for which assistance was sought, and 

each broadband service for which assistance was provided, 

under this Act; and 

‘‘(7) the overall progress towards fulfilling the goal of 

improving the quality of rural life by expanding rural 

broadband access, as demonstrated by metrics, including— 

‘‘(A) the number of residences and businesses receiving 

new broadband services; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4743 

‘‘(B) network improvements, including facility upgrades 

and equipment purchases; 

‘‘(C) average broadband speeds and prices on a local 

and statewide basis; 

‘‘(D) any changes in broadband adoption rates; and 

‘‘(E) any specific activities that increased high speed 

broadband access for educational institutions, health care 

providers, and public safety service providers. 

‘‘(e) LIMITATIONS ON RESERVATION OF FUNDS.—Not less than 

3 but not more than 5 percent of program level amounts available 

pursuant to amounts appropriated to carry out title VI shall be 

set aside to be used for— 

‘‘(1) conducting oversight under such title; 

‘‘(2) implementing accountability measures and related 

activities authorized under such title; and 

‘‘(3) carrying out this section.’’. 

SEC. 6208. ENVIRONMENTAL REVIEWS. 

Title VII of the Rural Electrification Act of 1936, as added 

by section 6207 of this Act, is amended by adding at the end 

the following: 

‘‘SEC. 702. ENVIRONMENTAL REVIEWS. 

‘‘The Secretary may obligate, but not disperse, funds under 

this Act before the completion of otherwise required environmental, 

historical, or other types of reviews if the Secretary determines 

that a subsequent site-specific review shall be adequate and easily 

accomplished for the location of towers, poles, or other broadband 

facilities in the service area of the borrower without compromising 

the project or the required reviews.’’. 

SEC. 6209. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR 

DEPLOYMENT OF BROADBAND SERVICE. 

Title VII of the Rural Electrification Act of 1936, as added 

by section 6207 and amended by section 6208 of this Act, is amended 

by adding at the end the following: 

‘‘SEC. 703. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR 

DEPLOYMENT OF BROADBAND SERVICE. 

‘‘Notwithstanding any other provision of this Act, the proceeds 

of any loan made or guaranteed by the Secretary under this Act 

may be used by the recipient of the loan for the purpose of refinancing an outstanding obligation of the recipient on another telecommunications loan made under this Act, or on any other loan 

if that loan would have been for an eligible telecommunications 

purpose under this Act.’’. 

SEC. 6210. SMART UTILITY AUTHORITY FOR BROADBAND. 

(a) Section 331 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981) is amended by adding at the end the 

following: 

‘‘(e)(1) Except as provided in paragraph (2), the Secretary may 

allow a recipient of a grant, loan, or loan guarantee provided 

by the Office of Rural Development under this title to use not 

more than 10 percent of the amount so provided— 

‘‘(A) for any activity for which assistance may be provided 

under section 601 of the Rural Electrification Act of 1936; 

or 

7 USC 950cc–2. 

7 USC 950cc–1. 


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132 STAT. 4744 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(B) to construct other broadband infrastructure. 

‘‘(2) Paragraph (1) of this subsection shall not apply to a 

recipient who is seeking to provide retail broadband service in 

any area where retail broadband service is available at the minimum broadband speeds, as defined under section 601(e) of the 

Rural Electrification Act of 1936. 

‘‘(3) The Secretary shall not provide funding under paragraph 

(1) if the funding would result in competitive harm to any grant, 

loan, or loan guarantee provided under the Rural Electrification 

Act of 1936.’’. 

(b) Title I of the Rural Electrification Act of 1936 (7 U.S.C. 

901–918a) is amended by inserting after section 7 the following: 

‘‘SEC. 8. LIMITATIONS ON USE OF ASSISTANCE. 

‘‘(a) Subject to subsections (b) and (c) of this section, the Secretary may allow a recipient of a grant, loan, or loan guarantee 

under this title to set aside not more than 10 percent of the 

amount so received to provide retail broadband service. 

‘‘(b) A recipient who sets aside funds under subsection (a) 

of this section may use the funds only in an area that is not 

being provided with the minimum acceptable level of broadband 

service established under section 601(e), unless the recipient meets 

the requirements of section 601(d). 

‘‘(c) Nothing in this section shall be construed to limit the 

ability of any borrower to finance or deploy services authorized 

under this Act. 

‘‘(d) The Secretary shall not provide funding under subsection 

(a) if the funding would result in competitive harm to any grant, 

loan, or loan guarantee referred to in subsection (a).’’. 

SEC. 6211. REFINANCING OF TELEPHONE LOANS. 

Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 

922) is amended, in the fifth sentence, by striking ‘‘furnishing 

telephone service in rural areas:’’ and all that follows through 

‘‘40 per centum of any loan made under this title.’’ and inserting 

‘‘furnishing telephone service in rural areas, including indebtedness 

of recipients on another telecommunications loan made under this 

Act.’’. 

SEC. 6212. FEDERAL BROADBAND PROGRAM COORDINATION. 

(a) CONSULTATION BETWEEN USDA AND NTIA.—The Secretary 

shall consult with the Assistant Secretary to assist in the 

verification of eligibility of the broadband loan and grant programs 

of the Department of Agriculture. In providing assistance under 

the preceding sentence, the Assistant Secretary shall make available the broadband assessment and mapping capabilities of the 

National Telecommunications and Information Administration. 

(b) CONSULTATION BETWEEN USDA AND FCC.— 

(1) BY USDA.—The Secretary shall consult with the 

Commission before providing broadband assistance for a project 

to serve an area with respect to which another entity is 

receiving Connect America Fund or Mobility Fund support 

under the Federal universal service support mechanisms established under section 254 of the Communications Act of 1934 

(47 U.S.C. 254). 

(2) BY FCC.—The Commission shall consult with the Secretary before offering or providing Connect America Fund or 

Mobility Fund support under the Federal universal service 

7 USC 950bb–6. 

7 USC 908. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4745 

support mechanisms established under section 254 of the 

Communications Act of 1934 (47 U.S.C. 254) to serve an area 

with respect to which another entity has received broadband 

assistance under a loan or grant program of the Department 

of Agriculture. 

(c) REPORT TO CONGRESS.—Not later than 1 year after the 

date of the enactment of this Act, the Secretary, the Commission, 

and the Assistant Secretary shall submit to the Committee on 

Agriculture and the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and 

Transportation of the Senate a report on how best to coordinate 

federally supported broadband programs and activities in order 

to achieve the following objectives: 

(1) Promote high-quality broadband service that meets the 

long-term needs of rural residents and businesses, by evaluating 

the broadband service needs in rural areas for each decade 

through 2050. 

(2) Support the long-term viability, sustainability, and 

utility of federally supported rural broadband infrastructure, 

by analyzing the technical capabilities of the technologies currently available and reasonably expected to be available by 

2035 to meet the broadband service needs of rural residents 

identified under paragraph (1), including by analyzing the following: 

(A) The real-world performance of such technologies, 

including data rates, latency, data usage restrictions, and 

other aspects of service quality, as defined by the Commission. 

(B) The suitability of each such technology for residential, agricultural, educational, healthcare, commercial, and 

industrial purposes in rural areas. 

(C) The cost to deploy and support such technologies 

in several rural geographies. 

(D) The costs associated with online platforms, specifically the resulting constraints on rural network bandwidth. 

(3) Identify and quantify the availability of broadband 

service and ongoing broadband deployment in rural areas, 

including ways to do the following: 

(A) Harmonize broadband notification and reporting 

requirements and develop common verification procedures 

across all federally supported broadband programs. 

(B) Consolidate and utilize the existing broadband 

service data. 

(C) Collect and share data on those projects in rural 

areas where Federal programs are currently supporting 

broadband deployment, including areas with respect to 

which an entity is receiving— 

(i) support under a broadband assistance program 

of the Department of Agriculture; or 

(ii) Connect America Fund or Mobility Fund support under the Federal universal service support 

mechanisms established under section 254 of the 

Communications Act of 1934 (47 U.S.C. 254). 

(D) Leverage support technologies and services from 

online platforms for providers of broadband service in rural 

areas. 


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132 STAT. 4746 PUBLIC LAW 115–334—DEC. 20, 2018 

(d) DEFINITIONS.—In this section: 

(1) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ 

means the Assistant Secretary of Commerce for Communications and Information. 

(2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 

(3) RURAL AREA.—The term ‘‘rural area’’ has the meaning 

given the term in section 601(b)(3) of the Rural Electrification 

Act of 1936. 

SEC. 6213. TRANSITION RULE. 

For the period beginning on the date of the enactment of 

this Act and ending on the date that is one year after such date 

of enactment, with respect to the implementation of the rural 

broadband access program under section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) and the Community Connect 

Grant Program under section 604 of such Act, as added by section 

6204 of this Act, the Secretary shall use the regulations in existence 

as of the day before the date of enactment of this Act that are 

applicable to the program involved, until the Secretary issues a 

final rule implementing the provisions of, and amendments made 

by, this title that apply to that program. 

SEC. 6214. RURAL BROADBAND INTEGRATION WORKING GROUP. 

(a) IN GENERAL.— (1) ESTABLISHMENT.—There is established the Rural 

Broadband Integration Working Group (referred to in this subsection as the ‘‘Working Group’’). 

(2) MEMBERSHIP.—The membership of the Working Group 

shall be composed of the heads, or their designees, of— 

(A) the Department of Agriculture, acting through the 

Administrator of the Rural Utilities Service; 

(B) the Department of Commerce, acting through the 

Assistant Secretary for Communications and Information; 

(C) the Department of Defense; 

(D) the Department of State; 

(E) the Department of the Interior; 

(F) the Department of Labor; 

(G) the Department of Health and Human Services; 

(H) the Department of Homeland Security; 

(I) the Department of Housing and Urban Development; 

(J) the Department of Justice; 

(K) the Department of Transportation; 

(L) the Department of the Treasury; 

(M) the Department of Energy; 

(N) the Department of Education; 

(O) the Department of Veterans Affairs; 

(P) the Environmental Protection Agency; 

(Q) the General Services Administration; 

(R) the Small Business Administration; 

(S) the Institute of Museum and Library Services; 

(T) the National Science Foundation; 

(U) the Council on Environmental Quality; 

(V) the Office of Science and Technology Policy; 

(W) the Office of Management and Budget; 

(X) the Council of Economic Advisers; 

(Y) the Domestic Policy Council; 

7 USC 950bb 

note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4747 

(Z) the National Economic Council; and 

(AA) such other Federal agencies or entities as are 

determined appropriate by the co-chairs. 

(3) CO-CHAIRS.—The following individuals, or their designees, shall serve as co-chairs of the Working Group: 

(A) The Administrator of the Rural Utilities Service. 

(B) The Assistant Secretary for Communications and 

Information. 

(C) The Director of the National Economic Council. 

(D) The Director of the Office of Science and Technology 

Policy. 

(4) CONSULTATION; COORDINATION.—The Working Group 

shall consult, as appropriate, with other relevant agencies, 

including the Federal Communications Commission. The 

Working Group shall coordinate with existing Federal working 

groups and committees involved with broadband. 

(5) MEMBERSHIP CHANGES.—The Director of the National 

Economic Council and the Director of the Office of Science 

and Technology Policy shall review, on a periodic basis, the 

membership of the Working Group to ensure that the Working 

Group— 

(A) includes necessary Federal Government entities; 

and 

(B) is an effective mechanism for coordinating among 

agencies on the policy described in subsection (b). 

(b) FUNCTIONS OF WORKING GROUP.— 

(1) CONSULTATION.—The Working Group shall consult with 

State, local, Tribal, and territorial governments, telecommunications companies, utilities, trade associations, philanthropic 

entities, policy experts, and other interested parties to identify, 

assess, and determine possible actions relating to barriers and 

opportunities for broadband deployment in rural areas. 

(2) POINT OF CONTACT.—Not later than 15 days after the 

date of enactment of this Act, each member of the Working 

Group shall— 

(A) designate a representative to serve as the main 

point of contact for matters relating to the Working Group; 

and 

(B) notify the co-chairs of the Working Group of that 

designee. 

(3) SURVEY.—Not later than 60 days after the date of 

enactment of this Act, based on information provided by the 

members of the Working Group, the Working Group shall publish a comprehensive survey of— 

(A) Federal programs, including the allocated funding 

amounts, that currently support or could reasonably be 

modified to support broadband deployment and adoption; 

and 

(B) all Federal agency-specific policies and rules with 

the direct or indirect effect of facilitating or regulating 

investment in, or deployment of, wired and wireless 

broadband networks. 

(4) LIST OF ACTIONS.—Not later than 120 days after the 

date of enactment of this Act, the members of the Working 

Group shall submit to the Working Group an initial list of 

actions that each of the agencies could take to identify and 


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address regulatory barriers to, incentivize investment in, promote best practices within, align funding decisions with respect 

to, and otherwise support, wired broadband deployment and 

adoption. 

(5) REPORT.—Not later than 150 days after the date of 

enactment of this Act, the Working Group shall submit to 

the President an agreed-to and prioritized list of recommendations of the Working Group on actions that Federal agencies 

can take to support broadband deployment and adoption, 

including— 

(A) a list of priority actions and rulemakings; and 

(B) timelines to complete the priority actions and 

rulemakings. 

Subtitle C—Miscellaneous 

SEC. 6301. EXCLUSION OF CERTAIN POPULATIONS FROM DEFINITION 

OF RURAL AREA. 

(a) IN GENERAL.—Section 343(a)(13) of the Consolidated Farm 

and Rural Development Act (7 U.S.C. 1991(a)(13)) is amended— 

(1) in subparagraph (A), by striking ‘‘(G)’’ and inserting 

‘‘(I)’’; and 

(2) by adding at the end the following: 

‘‘(H) EXCLUSION OF INCARCERATED POPULATIONS.— 

Populations of individuals incarcerated on a long-term or 

regional basis shall not be included in determining whether 

an area is ‘rural’ or a ‘rural area’. 

‘‘(I) LIMITED EXCLUSION OF MILITARY BASE POPULATIONS.—The first 1,500 individuals who reside in housing 

located on a military base shall not be included in determining whether an area is ‘rural’ or a ‘rural area’.’’. 

(b) BROADBAND.—Section 601(b)(3) of the Rural Electrification 

Act of 1936 (7 U.S.C. 950bb(b)(3)) is amended by adding at the 

end the following: 

‘‘(C) EXCLUSION OF CERTAIN POPULATIONS.—Such term 

does not include any population described in subparagraph 

(H) or (I) of section 343(a)(13) of the Consolidated Farm 

and Rural Development Act (7 U.S.C. 1991(a)(13)).’’. 

(c) DISTANCE LEARNING AND TELEMEDICINE LOANS AND

GRANTS.—Section 2332 of the Food Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 950aaa–1) is amended by adding 

at the end the following: 

‘‘(4) RURAL AREA.—The term ‘rural area’ has the meaning 

given the term in section 601(b)(3) of the Rural Electrification 

Act of 1936.’’. 

SEC. 6302. ESTABLISHMENT OF TECHNICAL ASSISTANCE PROGRAM. 

(a) DEFINITION.—In this section, the term ‘tribally designated 

housing entity’ has the meaning given the term in section 4 of 

the Native American Housing Assistance and Self-Determination 

Act of 1996 (25 U.S.C. 4103). 

(b) IN GENERAL.—The Secretary shall, in coordination with 

the Office of Tribal Relations established under section 309 of 

the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 

6921), provide technical assistance to improve access by Tribal 

entities to rural development programs funded by the Department 

7 USC 2671. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4749 

of Agriculture through available cooperative agreement authorities 

of the Secretary. 

(c) TECHNICAL ASSISTANCE.—Technical assistance provided 

under subsection (b) shall address the unique challenge of Tribal 

governments, Tribal producers, Tribal businesses, Tribal business 

entities, and tribally designated housing entities in accessing 

Department of Agriculture-supported rural infrastructure, rural 

cooperative development, rural business and industry, rural 

housing, and other rural development activities. 

SEC. 6303. RURAL ENERGY SAVINGS PROGRAM. 

Section 6407 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8107a) is amended— 

(1) in subsection (b)(2), by striking ‘‘efficiency.’’ and 

inserting ‘‘efficiency (including cost-effective on- or off-grid 

renewable energy or energy storage systems).’’; 

(2) in subsection (c)— 

(A) by redesignating paragraphs (4) through (7) as 

paragraphs (5) through (8), respectively; 

(B) by inserting after paragraph (3) the following: 

‘‘(4) ELIGIBILITY FOR OTHER LOANS.—The Secretary shall 

not include any debt incurred by a borrower under this section 

in the calculation of the debt-equity ratio of the borrower for 

purposes of eligibility for loans under the Rural Electrification 

Act of 1936 (7 U.S.C. 901 et seq.).’’; 

(C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking ‘‘(6)’’ and inserting ‘‘(7)’’; and 

(D) by adding at the end the following: 

‘‘(9) ACCOUNTING.—The Secretary shall take appropriate 

steps to streamline the accounting requirements on borrowers 

under this section while maintaining adequate assurances of 

the repayment of the loans.’’; 

(3) in subsection (d)(1)— 

(A) in subparagraph (A), by striking ‘‘3 percent’’ and 

inserting ‘‘5 percent’’; and 

(B) in subparagraph (D), by striking ‘‘electric’’ and 

inserting ‘‘recurring service’’; 

(4) by redesignating subsection (h) as subsection (i); 

(5) by inserting after subsection (g) the following: 

‘‘(h) PUBLICATION.—Not later than 120 days after the end of 

each fiscal year, the Secretary shall publish a description of— 

‘‘(1) the number of applications received under this section 

for that fiscal year; 

‘‘(2) the number of loans made to eligible entities under 

this section for that fiscal year; and 

‘‘(3) the recipients of the loans described in paragraph 

(2).’’; and 

(6) in subsection (i) (as so redesignated), by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 6304. NORTHERN BORDER REGIONAL COMMISSION REAUTHORIZATION. 

(a) ADMINISTRATIVE EXPENSES OF REGIONAL COMMISSIONS.— 

Section 15304(c)(3)(A) of title 40, United States Code, is amended 

by striking ‘‘unanimous’’ and inserting ‘‘majority’’. 

(b) ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS.— 

Section 15501 of title 40, United States Code, is amended— 

(1) in subsection (a)— 


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132 STAT. 4750 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) in paragraph (7), by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (8) as paragraph (9); 

and 

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

‘‘(8) to grow the capacity for successful community economic 

development in its region; and’’; 

(2) in subsection (b), by striking ‘‘paragraphs (1) through 

(3)’’ and inserting ‘‘paragraph (1), (2), (3), or (7)’’; and 

(3) in subsection (f), by striking the period at the end 

and inserting ‘‘, except that financial assistance may be used 

as otherwise authorized by this subtitle to attract businesses 

to the region from outside the United States.’’. 

(c) STATE CAPACITY BUILDING GRANT PROGRAM.— (1) DEFINITIONS.—In this subsection: 

(A) COMMISSION.—The term ‘‘Commission’’ means the 

Northern Border Regional Commission established by section 15301(a)(3) of title 40, United States Code. 

(B) COMMISSION STATE.—The term ‘‘Commission State’’ 

means each of the States of Maine, New Hampshire, New 

York, and Vermont. 

(C) ELIGIBLE COUNTY.—The term ‘‘eligible county’’ 

means a county described in section 15733 of title 40, 

United States Code. 

(D) PROGRAM.—The term ‘‘program’’ means the State 

capacity building grant program established under paragraph (2). 

(2) ESTABLISHMENT.—Not later than 180 days after the 

date of enactment of this Act, the Commission shall establish 

a State capacity building grant program to provide grants to 

Commission States to carry out the purpose under paragraph 

(3). 

(3) PURPOSE.—The purpose of the program is to support 

the efforts of the Commission— 

(A) to better support business retention and expansion 

in eligible counties; 

(B) to create programs to encourage job creation and 

workforce development in eligible counties; 

(C) to prepare economic and infrastructure plans for 

eligible counties; 

(D) to expand access to high-speed broadband in 

eligible counties; 

(E) to provide technical assistance that results in 

Commission investments in transportation, water, wastewater, and other critical infrastructure; 

(F) to create initiatives to increase the effectiveness 

of local development districts in eligible counties; and 

(G) to implement new or innovative economic development practices that will better position the eligible counties 

of Commission States to compete in the global economy. 

(4) USE OF FUNDS.— 

(A) IN GENERAL.—Funds from a grant under the program may be used to support a project, program, or related 

expense of the Commission State in an eligible county. 

(B) LIMITATION.—Funds from a grant under the program shall not be used for— 

(i) the purchase of furniture, fixtures, or equipment; 

40 USC 15501 

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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4751 

(ii) the compensation of— 

(I) any State member of the Commission (as 

described in section 15301(b)(1)(B) of title 40, 

United States Code); or 

(II) any State alternate member of the 

Commission (as described in section 15301(b)(2)(B) 

of title 40, United States Code); or 

(iii) the cost of supplanting existing State programs. 

(5) ANNUAL WORK PLAN.— 

(A) IN GENERAL.—For each fiscal year, before providing 

a grant under the program, each Commission State shall 

provide to the Commission an annual work plan that 

includes the proposed use of the grant. 

(B) APPROVAL.—No grant under the program shall be 

provided to a Commission State unless the Commission 

has approved the annual work plan of the State. 

(6) AMOUNT OF GRANT.— 

(A) IN GENERAL.—The amount of a grant provided to 

a Commission State under the program for a fiscal year 

shall be based on the proportion that— 

(i) the amount paid by the Commission State 

(including any amounts paid on behalf of the Commission State by a nonprofit organization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c) of title 40, United States 

Code); bears to 

(ii) the amount paid by all Commission States 

(including any amounts paid on behalf of a Commission 

State by a nonprofit organization) for administrative 

expenses for that fiscal year (as determined under 

that section). 

(B) REQUIREMENT.—To be eligible to receive a grant 

under the program for a fiscal year, a Commission State 

(or a nonprofit organization on behalf of the Commission 

State) shall pay the amount of administrative expenses 

of the Commission State for the applicable fiscal year (as 

determined under section 15304(c) of title 40, United States 

Code). 

(C) APPROVAL.—For each fiscal year, a grant provided 

under the program shall be approved and made available 

as part of the approval of the annual budget of the Commission. 

(7) GRANT AVAILABILITY.—Funds from a grant under the 

program shall be available only during the fiscal year for which 

the grant is provided. 

(8) REPORT.—Each fiscal year, each Commission State shall 

submit to the Commission and make publicly available a report 

that describes the use of the grant funds and the impact of 

the program in the State. 

(9) FUNDING.— 

(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $5,000,000 for each 

of fiscal years 2019 through 2023. 

(B) SUPPLEMENT, NOT SUPPLANT.—Funds made available to carry out this subsection shall supplement and 


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132 STAT. 4752 PUBLIC LAW 115–334—DEC. 20, 2018 

not supplant funds made available for the Commission 

and other activities of the Commission. 

(d) NORTHERN BORDER REGIONAL COMMISSION.—Section 15733 

of title 40, United States Code, is amended— 

(1) in paragraph (2)— 

(A) by inserting ‘‘Belknap,’’ before ‘‘Carroll,’’; and 

(B) by inserting ‘‘Cheshire,’’ before ‘‘Coos,’’; 

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

new paragraph: 

‘‘(3) NEW YORK.—The counties of Cayuga, Clinton, Essex, 

Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, 

Orleans, Oswego, Rensselaer, Saratoga, Schenectady, Seneca, 

St. Lawrence, Sullivan, Washington, Warren, Wayne, and Yates 

in the State of New York.’’; and 

(3) in paragraph (4)— 

(A) by inserting ‘‘Addison, Bennington,’’ before ‘‘Caledonia,’’; 

(B) by inserting ‘‘Chittenden,’’ before ‘‘Essex,’’; 

(C) by striking ‘‘and’’ and inserting ‘‘Orange,’’ and 

(D) by inserting ‘‘, Rutland, Washington, Windham, 

and Windsor’’ after ‘‘Orleans’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 15751(a) of 

title 40, United States Code, is amended by striking ‘‘$30,000,000 

for each of fiscal years 2008 through 2018’’ and inserting 

‘‘$33,000,000 for each of fiscal years 2019 through 2023’’. 

(f) VACANCIES.—Section 15301 of title 40, United States Code, 

is amended by adding at the end the following: 

‘‘(f) SUCCESSION.—Subject to the time limitations under section 

3346 of title 5, the Federal Cochairperson may designate a Federal 

employee of the Commission to perform the functions and duties 

of the office of the Federal Cochairperson temporarily in an acting 

capacity if both the Federal Cochairperson and the alternate Federal 

Cochairperson die, resign, or otherwise are unable to perform the 

functions and duties of their offices.’’. 

(g) TECHNICAL AMENDMENTS.—Chapters 1, 2, 3, and 4 of subtitle V of title 40, United States Code, are redesignated as chapters 

151, 153, 155, and 157, respectively. 

SEC. 6305. DEFINITION OF RURAL AREA FOR PURPOSES OF THE 

HOUSING ACT OF 1949. 

The second sentence of section 520 of the Housing Act of 1949 

(42 U.S.C. 1490) is amended— 

(1) by striking ‘‘or 2010 decennial census’’ and inserting 

‘‘2010, or 2020 decennial census’’; 

(2) by striking ‘‘December 31, 2010,’’ and inserting 

‘‘December 31, 2020,’’ ; and 

(3) by striking ‘‘year 2020’’ and inserting ‘‘year 2030’’. 

SEC. 6306. COUNCIL ON RURAL COMMUNITY INNOVATION AND ECONOMIC DEVELOPMENT. 

(a) PURPOSE.—The purpose of this section is to enhance the 

efforts of the Federal Government to address the needs of rural 

areas in the United States by— 

(1) establishing a council to better coordinate Federal programs directed to rural communities; 

7 USC 2204b–3. 

40 USC 

15101 prec., 

15301 prec., 

15501 prec., 

15701 prec. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4753 

(2) maximizing the impact of Federal investment to promote 

economic prosperity and quality of life in rural communities 

in the United States; and 

(3) using innovation to resolve local and regional challenges 

faced by rural communities. 

(b) ESTABLISHMENT.— (1) There is established a Council on Rural Community 

Innovation and Economic Development (referred to in this section as the ‘‘Council’’). 

(2) The Council shall be the successor to the Interagency 

Task Force on Agriculture and Rural Prosperity established 

by Executive Order 13790. 

(c) MEMBERSHIP.— (1) IN GENERAL.—The membership of the Council shall 

be composed of the heads of the following executive branch 

departments, agencies, and offices: 

(A) The Department of Agriculture. 

(B) The Department of the Treasury. 

(C) The Department of Defense. 

(D) The Department of Justice. 

(E) The Department of the Interior. 

(F) The Department of Commerce. 

(G) The Department of Labor. 

(H) The Department of Health and Human Services. 

(I) The Department of Housing and Urban Development. 

(J) The Department of Transportation. 

(K) The Department of Energy. 

(L) The Department of Education. 

(M) The Department of Veterans Affairs. 

(N) The Department of Homeland Security. 

(O) The Environmental Protection Agency. 

(P) The Federal Communications Commission. 

(Q) The Office of Management and Budget. 

(R) The Office of Science and Technology Policy. 

(S) The Office of National Drug Control Policy. 

(T) The Council of Economic Advisers. 

(U) The Domestic Policy Council. 

(V) The National Economic Council. 

(W) The Small Business Administration. 

(X) The Council on Environmental Quality. 

(Y) The White House Office of Public Engagement. 

(Z) The White House Office of Cabinet Affairs. 

(AA) Such other executive branch departments, agencies, and offices as the President or the Secretary may, 

from time to time, designate. 

(2) CHAIR.—The Secretary shall serve as the Chair of the 

Council. 

(3) DESIGNEES.—A member of the Council may designate, 

to perform the Council functions of the member, a seniorlevel official who is— 

(A) part of the department, agency, or office of the 

member; and 

(B) a full-time officer or employee of the Federal 

Government. 

(4) ADMINISTRATION.—The Council shall coordinate policy 

development through the rural development mission area. 


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132 STAT. 4754 PUBLIC LAW 115–334—DEC. 20, 2018 

(d) FUNDING.—The Secretary shall provide funding and 

administrative support for the Council to the extent permitted 

by law and within existing appropriations. 

(e) MISSION AND FUNCTION OF THE COUNCIL.—The Council shall 

work across executive departments, agencies, and offices to coordinate development of policy recommendations— 

(1) to maximize the impact of Federal investment on rural 

communities; 

(2) to promote economic prosperity and quality of life in 

rural communities; and 

(3) to use innovation to resolve local and regional challenges 

faced by rural communities. 

(f) DUTIES.—The Council shall— 

(1) make recommendations to the President, acting through 

the Director of the Domestic Policy Council and the Director 

of the National Economic Council, on streamlining and 

leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create 

economic opportunities to improve the quality of life in rural 

areas in the United States; 

(2) coordinate and increase the effectiveness of Federal 

engagement with rural stakeholders, including agricultural 

organizations, small businesses, education and training institutions, health-care providers, telecommunications services providers, electric service providers, transportation providers, 

research and land grant institutions, law enforcement, State, 

local, and tribal governments, and nongovernmental organizations regarding the needs of rural areas in the United States; 

(3) coordinate Federal efforts directed toward the growth 

and development of rural geographic regions that encompass 

both metropolitan and nonmetropolitan areas; 

(4) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other 

conservation related activities; and 

(5) identify common economic and social challenges faced 

by rural communities that could be served through— 

(A) better coordination of existing Federal and nonFederal resources; and 

(B) innovative solutions utilizing governmental and 

nongovernmental resources. 

(g) EXECUTIVE DEPARTMENTS AND AGENCIES.— 

(1) IN GENERAL.—The heads of executive departments and 

agencies shall assist and provide information to the Council, 

consistent with applicable law, as may be necessary to carry 

out the functions of the Council. 

(2) EXPENSES.—Each executive department or agency shall 

be responsible for paying any expenses of the executive department or agency for participating in the Council. 

(h) COUNCIL WORKING GROUPS.— 

(1) IN GENERAL.—The Council may establish, in addition 

to the working groups established under paragraph (3), such 

other working groups as necessary. 

(2) MEMBERSHIP.—The Secretary shall include as members 

of each working group such Council members, other heads 

of Federal agencies (or their designees as defined in (d)(3)), 

and non-Federal partners as determined appropriate to the 

subject matter. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4755 

(3) REQUIRED WORKING GROUPS.—The working groups 

specified in this paragraph are each of the following: 

(A) THE RURAL SMART COMMUNITIES WORKING GROUP.— 

(i) ESTABLISHMENT.—The Council shall establish 

a Rural Smart Communities Working Group. 

(ii) DUTIES.—The Rural Smart Communities 

Working Group shall— 

(I) not later than 1 year after the establishment of such Working Group, submit to Congress 

a report describing efforts of rural areas to 

integrate smart technology into their communities 

to solve challenges relating to governance, economic development, quality of life, or other relevant rural issues, as determined by the Secretary; 

and 

(II) create, publish, and maintain a resource 

guide designed to assist States and other rural 

communities in developing and implementing rural 

smart community programs. 

(iii) SMART COMMUNITY DEFINED.—For the purposes of this subparagraph, the term ‘‘smart community’’ means a community that has the ability to 

integrate multiple technological solutions, in a secure 

fashion, to manage a community’s assets, including 

local government information systems, schools, 

libraries, transportation systems, hospitals, power 

plants, law enforcement, and other community services 

with the goal of promoting quality of life through the 

use of technology in ways that improve the efficiency 

of services and meet residents’ needs. 

(B) JOBS ACCELERATOR WORKING GROUP.— 

(i) ESTABLISHMENT.—The Council shall establish 

a Jobs Accelerator Working Group. 

(ii) GOALS.—The Jobs Accelerator Working Group 

shall support rural jobs accelerators (as defined in 

section 379I(a)(4) of the Consolidated Farm and Rural 

Development Act)— 

(I) to improve the ability of rural communities 

to create high-wage jobs, accelerate the formation 

of new businesses with high-growth potential, and 

strengthen regional economies, including by 

helping to build capacity in the applicable region 

to achieve those goals; and 

(II) to help rural communities identify and 

maximize local assets and connect to regional 

opportunities, networks, and industry clusters that 

demonstrate high growth potential. 

(iii) DUTIES.—The Jobs Accelerator Working Group 

shall— 

(I) provide the public with available information and technical assistance on Federal resources 

relevant to a project and region; 

(II) establish a Federal support team comprised of staff from participating agencies in the 

working group that shall provide coordinated and 

dedicated support services to rural jobs accelerators; and 


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132 STAT. 4756 PUBLIC LAW 115–334—DEC. 20, 2018 

(III) provide opportunities for rural jobs accelerators to share best practices and further collaborate with one another. 

Subtitle D—Additional Amendments to the 

Consolidated Farm and Rural Development Act 

SEC. 6401. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT. 

Section 379H of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 2008v) is amended to read as follows: 

‘‘SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT. 

‘‘(a) IN GENERAL.—In the case of any program under this title 

or administered by the Secretary, acting through the rural development mission area, as determined by the Secretary (referred to 

in this section as a ‘covered program’), the Secretary shall give 

priority to an application for a project that, as determined and 

approved by the Secretary— 

‘‘(1) meets the applicable eligibility requirements of this 

title or the other applicable authorizing law; 

‘‘(2) will be carried out in a rural area; and 

‘‘(3) supports the implementation of a strategic community 

investment plan described in subsection (d) on a multisectoral 

and multijurisdictional basis, to include considerations for 

improving and expanding broadband services as needed. 

‘‘(b) RESERVE.— 

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

shall reserve not more than 15 percent of the funds made 

available for a fiscal year for covered programs for projects 

that support the implementation of a strategic community 

investment plan described in subsection (d) on a multisectoral 

and multijurisdictional basis. 

‘‘(2) PERIOD.—Any funds reserved under paragraph (1) shall 

only be reserved for the 1-year period beginning on the date 

on which the funds were first made available, as determined 

by the Secretary. 

‘‘(c) APPROVED APPLICATIONS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), any applicant 

who submitted an application under a covered program that 

was approved before the date of enactment of this section 

may amend the application to qualify for the funds reserved 

under subsection (b). 

‘‘(2) RURAL UTILITIES.—Any applicant who submitted an 

application under paragraph (2), (14), or (24) of section 306(a), 

or section 306A or 310B(b), that was approved by the Secretary 

before the date of enactment of this section shall be eligible 

for the funds reserved under subsection (b)— 

‘‘(A) on the same basis as an application submitted 

under this section; and 

‘‘(B) until September 30, 2019. 

‘‘(d) STRATEGIC COMMUNITY INVESTMENT PLANS.— 

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

to rural communities in developing strategic community investment plans. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4757 

‘‘(2) PLANS.—A strategic community investment plan 

described in paragraph (1) shall include— 

‘‘(A) a variety of activities designed to facilitate the 

vision of a rural community for the future, including considerations for improving and expanding broadband services 

as needed; 

‘‘(B) participation by multiple stakeholders, including 

local and regional partners; 

‘‘(C) leverage of applicable regional resources; 

‘‘(D) investment from strategic partners, such as— 

‘‘(i) private organizations; 

‘‘(ii) cooperatives; 

‘‘(iii) other government entities; 

‘‘(iv) Indian Tribes; and 

‘‘(v) philanthropic organizations; 

‘‘(E) clear objectives with the ability to establish measurable performance metrics; 

‘‘(F) action steps for implementation; and 

‘‘(G) any other elements necessary to ensure that the 

plan results in a comprehensive and strategic approach 

to rural economic development, as determined by the Secretary. 

‘‘(3) COORDINATION.—The Secretary shall coordinate with 

Indian Tribes and local, State, regional, and Federal partners 

to develop strategic community investment plans under this 

subsection. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000 

for each of fiscal years 2019 through 2023, to remain available 

until expended.’’. 

SEC. 6402. EXPANDING ACCESS TO CREDIT FOR RURAL COMMUNITIES. 

(a) CERTAIN PROGRAMS UNDER THE CONSOLIDATED FARM AND

RURAL DEVELOPMENT ACT.—Section 343(a)(13) of the Consolidated 

Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is 

amended— 

(1) in subparagraph (B)— 

(A) in the heading, by striking ‘‘AND GUARANTEED’’; 

and 

(B) in the text— 

(i) by striking ‘‘and guaranteed’’; and 

(ii) by striking ‘‘(1), (2), and (24)’’ and inserting 

‘‘(1) and (2)’’; and 

(2) in subparagraph (C)— 

(A) by striking ‘‘and guaranteed’’; and 

(B) by striking ‘‘(21), and (24)’’ and inserting ‘‘and 

(21)’’. 

(b) POPULATION CAPS FOR GUARANTEED LENDING.—Section 

306(a)(24) of such Act (7 U.S.C. 1926(a)(24)) is amended by adding 

at the end the following: 

‘‘(D) PRIORITY.— ‘‘(i) WATER OR WASTE FACILITY.—The Secretary 

shall prioritize water and waste facility projects under 

this paragraph in rural areas with a population of 

not more than 10,000 people. 

‘‘(ii) COMMUNITY FACILITY.—Of the funds made 

available to carry out this paragraph for community 


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132 STAT. 4758 PUBLIC LAW 115–334—DEC. 20, 2018 

facility loan guarantees for a fiscal year the following 

amounts shall be reserved for projects in rural areas 

with a population of not more than 20,000 inhabitants: 

‘‘(I) 100 percent of the first $200,000,000 so 

made available; 

‘‘(II) 50 percent of the next $200,000,000 so 

made available; and 

‘‘(III) 25 percent of all amounts exceeding 

$400,000,000 so made available, 

except that, to the extent that the Secretary demonstrates that the funds so reserved are not needed 

to finance a community facility project in such a rural 

area, the Secretary may use the funds for other community facility projects in accordance with this paragraph.’’. 

SEC. 6403. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY 

GRANTS. 

Section 306(a)(2)(B) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1926(a)(2)(B)) is amended— 

(1) in clause (iii), by striking ‘‘$100,000’’ each place it 

appears and inserting ‘‘$200,000’’; and 

(2) in clause (vii), by striking ‘‘$30,000,000 for each of 

fiscal years 2008 through 2018’’ and inserting ‘‘$15,000,000 

for each of fiscal years 2019 through 2023’’. 

SEC. 6404. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE 

AND TRAINING PROGRAMS. 

Section 306(a)(14) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(14)) is amended— 

(1) in subparagraph (A)— 

(A) in clause (ii), by striking ‘‘and’’ at the end; 

(B) in clause (iii), by striking the period and inserting 

a semicolon; and 

(C) by adding at the end the following: 

‘‘(iv) identify options to enhance the long-term 

sustainability of rural water and waste systems, 

including operational practices, revenue enhancements, 

partnerships, consolidation, regionalization, or contract 

services; and 

‘‘(v) address the contamination of drinking water 

and surface water supplies by emerging contaminants, 

including per- and polyfluoroalkyl substances.’’; and 

(2) in subparagraph (C)— 

(A) by striking ‘‘1 nor more than 3’’ and inserting 

‘‘3 percent and not more than 5’’; and 

(B) by striking ‘‘1 per centum’’ and inserting ‘‘3 percent’’. 

SEC. 6405. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM. 

Section 306(a)(22)(B) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1926(a)(22)(B)) is amended by striking 

‘‘$20,000,000 for fiscal year 2014 and each fiscal year thereafter’’ 

and inserting ‘‘$25,000,000 for each of fiscal years 2019 through 

2023’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4759 

SEC. 6406. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY 

FACILITIES. 

Section 306(a)(25)(C) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking 

‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 6407. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT PROGRAM. 

(a) IN GENERAL.—Section 306A of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 1926a) is amended— 

(1) in subsection (b)(1), by striking ‘‘; and’’ and inserting 

the following: ‘‘, particularly to projects to address contamination that— 

‘‘(A) poses a threat to human health or the environment; and 

‘‘(B) was caused by circumstances beyond the control 

of the applicant for a grant, including circumstances that 

occurred over a period of time; and’’; 

(2) in subsection (d)(1)(D), by inserting ‘‘, other than those 

covered above for not to exceed 120 days when a more permanent solution is not feasible in a shorter time frame. Where 

drinking water supplies are inadequate due to an event, as 

determined by the Secretary, including drought, severe 

weather, or contamination, the Secretary may provide potable 

water for an additional period of time not to exceed an additional 120 days in order to protect public health’’ before the 

period; 

(3) in subsection (e)(1)(B), by striking ‘‘according to the 

most recent decennial census of the United States’’; 

(4) in subsection (f)(1), by striking ‘‘$500,000’’ and inserting 

‘‘$1,000,000’’; and 

(5) in subsection (i)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘3 nor more 

than 5’’ and inserting ‘‘5 percent and not more than 

7’’; and 

(ii) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) RELEASE.— 

‘‘(i) IN GENERAL.—Funds reserved under subparagraph (A) for a fiscal year shall be reserved only until 

July 1 of the fiscal year. 

‘‘(ii) EXCEPTION.—Notwithstanding clause (i), in 

response to an eligible community where the drinking 

water supplies are inadequate, as determined by the 

Secretary, due to an event, including drought, severe 

weather, or contamination, the Secretary may use 

funds described in subparagraph (A) from July 1 

through September 30 each fiscal year to provide 

potable water under this section in order to protect 

public health.’’; and 

(B) in paragraph (2), by striking ‘‘$35,000,000 for each 

of fiscal years 2008 through 2018’’ and inserting 

‘‘$50,000,000 for each of fiscal years 2019 through 2023’’. 

(b) INTERAGENCY TASK FORCE ON RURAL WATER QUALITY.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this section, the Secretary shall coordinate 


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132 STAT. 4760 PUBLIC LAW 115–334—DEC. 20, 2018 

an interagency task force to examine drinking water and surface water contamination in rural communities, particularly 

rural communities that are in close proximity to active or 

decommissioned military installations in the United States. 

(2) MEMBERSHIP.—The interagency task force shall consist 

of— 

(A) the Secretary; 

(B) the Secretary of the Army, acting through the 

Chief of Engineers; 

(C) the Secretary of Health and Human Services, acting 

through— 

(i) the Director of the Agency for Toxic Substances 

and Disease Registry; and 

(ii) the Director of the Centers for Disease Control 

and Prevention; 

(D) the Secretary of Housing and Urban Development; 

(E) the Secretary of the Interior, acting through— 

(i) the Director of the United States Fish and 

Wildlife Service; and 

(ii) the Director of the United States Geological 

Survey; 

(F) the Administrator of the Environmental Protection 

Agency; and 

(G) representatives from rural drinking and wastewater entities, State and community regulators, and appropriate scientific experts that reflect a diverse cross-section 

of the rural communities described in paragraph (1). 

(3) REPORT.— 

(A) IN GENERAL.—Not later than 360 days after the 

date of enactment of this section, the task force shall submit 

to the committees described in subparagraph (B) a report 

that— 

(i) examines, and identifies issues relating to, 

water contamination in rural communities, particularly 

rural communities that are in close proximity to active 

or decommissioned military installations in the United 

States; 

(ii) reviews the extent to which Federal, State, 

and local government agencies coordinate with one 

another to address the issues identified under clause 

(i); 

(iii) recommends how Federal, State, and local 

government agencies can work together in the most 

effective, efficient, and cost-effective manner practicable, to address the issues identified under clause 

(i); and 

(iv) recommends changes to existing statutory 

requirements, regulatory requirements, or both, to 

improve interagency coordination and responsiveness 

to address the issues identified under clause (i). 

(B) COMMITTEES DESCRIBED.—The committees referred 

to in subparagraph (A) are— 

(i) the Committee on Agriculture of the House 

of Representatives; 

(ii) the Committee on Agriculture, Nutrition, and 

Forestry of the Senate; 


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(iii) the Committee on Energy and Commerce of 

the House of Representatives; 

(iv) the Committee on Environment and Public 

Works of the Senate; 

(v) the Committee on Armed Services of the House 

of Representatives; and 

(vi) the Committee on Armed Services of the 

Senate. 

SEC. 6408. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN 

ALASKA. 

Section 306D of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1926d) is amended— 

(1) in subsection (a), by striking ‘‘Alaska for’’ and inserting 

‘‘Alaska, a consortium formed pursuant to section 325 of the 

Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83; 111 Stat. 1597), and Native 

villages (as defined in section 3 of the Alaska Native Claims 

Settlement Act (43 U.S.C. 1602)) for’’; 

(2) in subsection (b), by inserting ‘‘for any grant awarded 

under subsection (a)’’ before the period at the end; and 

(3) in subsection (d)— 

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

‘‘2023’’; and 

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

‘‘Alaska, and not more than 2 percent of the amount made 

available under paragraph (1) for a fiscal year may be 

used by a consortium formed pursuant to section 325 of 

the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83; 111 Stat. 1597),’’. 

SEC. 6409. RURAL DECENTRALIZED WATER SYSTEMS. 

Section 306E of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1926e) is amended— 

(1) by striking the section heading and inserting ‘‘RURAL

DECENTRALIZED WATER SYSTEMS’’; 

(2) in subsection (a), by striking ‘‘100’’ and inserting ‘‘60’’; 

(3) in subsection (b)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘and subgrants’’ after ‘‘loans’’; and 

(ii) by inserting ‘‘and individually owned household 

decentralized wastewater systems’’ after ‘‘well systems’’; 

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

‘‘(2) TERMS AND AMOUNTS.— ‘‘(A) TERMS OF LOANS.—A loan made with grant funds 

under this section— 

‘‘(i) shall have an interest rate of 1 percent; and 

‘‘(ii) shall have a term not to exceed 20 years. 

‘‘(B) AMOUNTS.—A loan or subgrant made with grant 

funds under this section shall not exceed $15,000 for each 

water well system or decentralized wastewater system 

described in paragraph (1).’’; and 

(C) by adding at the end the following: 

‘‘(4) GROUND WELL WATER CONTAMINATION.—In the event 

of ground well water contamination, the Secretary shall allow 

a loan or subgrant to be made with grant funds under this 


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132 STAT. 4762 PUBLIC LAW 115–334—DEC. 20, 2018 

section for the installation of water treatment where needed 

beyond the point of entry, with or without the installation 

of a new water well system.’’; 

(4) in subsection (c), by striking ‘‘productive use of individually-owned household water well systems’’ and inserting ‘‘effective use of individually owned household water well systems, 

individually owned household decentralized wastewater systems,’’; and 

(5) in subsection (d)— 

(A) by striking ‘‘$5,000,000’’ and inserting 

‘‘$20,000,000’’; and 

(B) by striking ‘‘2014 through 2018’’ and inserting 

‘‘2019 through 2023’’. 

SEC. 6410. SOLID WASTE MANAGEMENT GRANTS. 

Section 310B(b)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(b)(2)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 6411. RURAL BUSINESS DEVELOPMENT GRANTS. 

Section 310B(c)(4)(A) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1932(c)(4)(A)) is amended by striking 

‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 6412. RURAL COOPERATIVE DEVELOPMENT GRANTS. 

(a) IN GENERAL.—Section 310B(e) of the Consolidated Farm 

and Rural Development Act (7 U.S.C. 1932(e)) is amended— 

(1) in paragraph (10), by inserting ‘‘(including research 

and analysis based on data from the latest available Economic 

Census conducted by the Bureau of the Census)’’ after ‘‘conduct 

research’’; and 

(2) in paragraph (13), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

(b) TECHNICAL CORRECTION.—Section 310B(e)(11)(B)(i) of such 

Act (7 U.S.C. 1932(e)(11)(B)(i)) is amended by striking ‘‘(12)’’ and 

inserting ‘‘(13)’’. 

SEC. 6413. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL 

FOOD PRODUCTS. 

Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is amended by 

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

SEC. 6414. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS 

PROGRAM. 

Section 310B(i)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(4)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 6415. RURAL ECONOMIC AREA PARTNERSHIP ZONES. 

Section 310B(j) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(j)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 6416. INTEMEDIARY RELENDING PROGRAM. 

Section 310H of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1936b) is amended— 

(1) by redesignating subsection (e) as subsection (i); 

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


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‘‘(e) LIMITATION ON LOAN AMOUNTS.—The maximum amount 

of a loan by an eligible entity described in subsection (b) to individuals and entities for a project under subsection (c), including the 

unpaid balance of any existing loans, shall be the lesser of— 

‘‘(1) $400,000; and 

‘‘(2) 50 percent of the loan to the eligible entity under 

subsection (a). 

‘‘(f) APPLICATIONS.— ‘‘(1) IN GENERAL.—To be eligible to receive a loan or loan 

guarantee under subsection (a), an eligible entity described 

in subsection (b) shall submit to the Secretary an application 

at such time, in such manner, and containing such information 

as the Secretary may require. 

‘‘(2) EVALUATION.—In evaluating applications submitted 

under paragraph (1), the Secretary shall— 

‘‘(A)(i) take into consideration the previous performance 

of an eligible entity in carrying out projects under subsection (c); and 

‘‘(ii) in the case of satisfactory performance under 

clause (i), require the eligible entity to contribute less 

equity for subsequent loans without modifying the priority 

given to subsequent applications; and 

‘‘(B) in assigning priorities to applications, require an 

eligible entity to demonstrate that it has a governing or 

advisory board made up of business, civic, and community 

leaders who are representative of the communities of the 

service area, without limitation to the size of the service 

area. 

‘‘(g) RETURN OF EQUITY.—The Secretary shall establish a 

schedule that is consistent with the amortization schedules of the 

portfolio of loans made or guaranteed under subsection (a) for 

the return of any equity contribution made under this section 

by an eligible entity described in subsection (b), if the eligible 

entity is— 

‘‘(1) current on all principal and interest payments; and 

‘‘(2) in compliance with loan covenants. 

‘‘(h) REGULATIONS.—The Secretary shall promulgate regulations 

and establish procedures reducing the administrative requirements 

on eligible entities described in subsection (b), including regulations 

to carry out the amendments made to this section by the Agriculture 

Improvement Act of 2018.’’; and 

(3) in subsection (i) (as so redesignated), by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 6417. ACCESS TO INFORMATION TO VERIFY INCOME FOR PARTICIPANTS IN CERTAIN RURAL HOUSING PROGRAMS. 

Section 331 of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1981), as amended by section 6210(a) of this Act, 

is amended by adding at the end the following: 

‘‘(f) ACCESS TO INFORMATION TO VERIFY INCOME FOR PARTICIPANTS IN CERTAIN RURAL HOUSING PROGRAMS.—The Secretary and 

the designees of the Secretary are hereby granted the same access 

to information and subject to the same requirements applicable 

to the Secretary of Housing and Urban Development as provided 

in section 453 of the Social Security Act (42 U.S.C. 653) and section 

6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 (26 U.S.C. 

6103(l)(7)(D)(ix)) to verify income for individuals participating in 


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132 STAT. 4764 PUBLIC LAW 115–334—DEC. 20, 2018 

sections 502, 504, 521, and 542 of the Housing Act of 1949 (42 

U.S.C. 1472, 1474, 1490a, and 1490r), notwithstanding section 453(l) 

of the Social Security Act.’’. 

SEC. 6418. PROVIDING FOR ADDITIONAL FEES FOR GUARANTEED 

LOANS UNDER THE CONSOLIDATED FARM AND RURAL 

DEVELOPMENT ACT. 

Section 333 of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1983) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (5); 

(2) by striking the period at the end of paragraph (6) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(7) in the case of an insured or guaranteed loan issued 

or modified under section 306(a), charge and collect from the 

lender fees in such amounts as to bring down the costs of 

subsidies for the insured or guaranteed loan, except that the 

fees shall not act as a bar to participation in the programs 

nor be inconsistent with current practices in the marketplace.’’. 

SEC. 6419. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECHNICAL ASSISTANCE AND TRAINING. 

The Consolidated Farm and Rural Development Act is amended 

by inserting after section 367, as added by section 5306 of this 

Act, the following: 

‘‘SEC. 368. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECHNICAL ASSISTANCE AND TRAINING. 

‘‘(a) IN GENERAL.—The Secretary may make grants to public 

bodies, private nonprofit corporations, economic development 

authorities, institutions of higher education, federally recognized 

Indian Tribes, and rural cooperatives for the purpose of providing 

or obtaining technical assistance and training to support funding 

applications for programs carried out by the Secretary, acting 

through the Administrator of the Rural Business-Cooperative 

Service. 

‘‘(b) PURPOSES.—A grant under subsection (a) may be used— 

‘‘(1) to assist communities in identifying and planning for 

business and economic development needs; 

‘‘(2) to identify public and private resources to finance 

business and small and emerging business needs; 

‘‘(3) to prepare reports and surveys necessary to request 

financial assistance for businesses in rural communities; and 

‘‘(4) to prepare applications for financial assistance. 

‘‘(c) SELECTION PRIORITY.—In selecting recipients of grants 

under this section, the Secretary shall give priority to grants serving 

persistent poverty counties and high poverty communities, as determined by the Secretary. 

‘‘(d) FUNDING.— 

‘‘(1) IN GENERAL.—There is authorized to be appropriated 

to carry out this section $5,000,000 for each of fiscal years 

2019 through 2023, to remain available until expended. 

‘‘(2) AVAILABILITY.—Any amounts authorized to be appropriated under paragraph (1) for any fiscal year that are not 

appropriated for that fiscal year may be appropriated for the 

immediately succeeding fiscal year.’’. 

7 USC 2008c. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4765 

SEC. 6420. NATIONAL RURAL DEVELOPMENT PARTNERSHIP. 

Section 378 of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 2008m) is amended in each of subsections (g)(1) 

and (h), by striking ‘‘2018’’ and inserting ‘‘2023’’ each place it 

appears. 

SEC. 6421. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS. 

Section 379B(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008p(d)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 6422. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM. 

Section 379E of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 2008s) is amended— 

(1) in subsection (b)(4)(B)(ii)— 

(A) in the clause heading, by striking ‘‘MAXIMUM

AMOUNT’’ and inserting ‘‘AMOUNT’’; 

(B) by inserting ‘‘not less than 20 percent and’’ before 

‘‘not more than 25 percent’’; and 

(C) by striking the period at the end and inserting 

the following: ‘‘, subject to— 

‘‘(I) satisfactory performance by the microenterprise development organization under this section, and 

‘‘(II) the availability of funding.’’; and 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $20,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 6423. HEALTH CARE SERVICES. 

Section 379G(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008u(e)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 6424. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM. 

Subtitle D of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1981 et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 379I. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

rural jobs accelerator partnership established after the date 

of enactment of this section that— 

‘‘(A) organizes key community and regional stakeholders into a working group that— 

‘‘(i) focuses on the shared goals and needs of the 

industry clusters that are objectively identified as 

existing, emerging, or declining; 

‘‘(ii) represents a region defined by the partnership 

in accordance with subparagraph (B); 

‘‘(iii) includes 1 or more representatives of— 

‘‘(I) an institution of higher education (as 

defined in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001)); 

7 USC 2008w. 


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132 STAT. 4766 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(II) a private entity; or 

‘‘(III) a government entity; and 

‘‘(iv) has, as a lead applicant— 

‘‘(I) a District Organization (as defined in section 300.3 of title 13, Code of Federal Regulations 

(or a successor regulation)); 

‘‘(II) an Indian tribe (as defined in section 

4 of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 5304)), or a consortium 

of Indian tribes; 

‘‘(III) a State or a political subdivision of a 

State, including a special purpose unit of a State 

or local government engaged in economic development activities, or a consortium of political subdivisions; 

‘‘(IV) an institution of higher education (as 

defined in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001)) or a consortium 

of institutions of higher education; or 

‘‘(V) a public or private nonprofit organization; 

and 

‘‘(B) subject to approval by the Secretary, may— 

‘‘(i) serve a region that is— 

‘‘(I) a single jurisdiction; or 

‘‘(II) if the region is a rural area, multijurisdictional; and 

‘‘(ii) define the region that the partnership represents, if the region— 

‘‘(I) is large enough to contain critical elements 

of the industry cluster prioritized by the partnership; 

‘‘(II) is small enough to enable close collaboration among members of the partnership; 

‘‘(III) includes a majority of communities that 

are located in— 

‘‘(aa) a nonmetropolitan area that qualifies 

as a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 

1986); and 

‘‘(bb) an area that has access to or has 

a plan to achieve broadband service (within 

the meaning of title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.)); 

and 

‘‘(IV)(aa) has a population of 50,000 or fewer 

inhabitants; or 

‘‘(bb) for a region with a population of more 

than 50,000 inhabitants, is the subject of a positive 

determination by the Secretary with respect to 

a rural-in-character petition, including such a petition submitted concurrently with the application 

of the partnership for a grant under this section. 

‘‘(2) INDUSTRY CLUSTER.—The term ‘industry cluster’ means 

a broadly defined network of interconnected firms and supporting institutions in related industries that accelerate innovation, business formation, and job creation by taking advantage 

of assets and strengths of a region in the business environment. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4767 

‘‘(3) HIGH-WAGE JOB.—The term ‘high-wage job’ means a 

job that provides a wage that is greater than the median 

wage for the applicable region, as determined by the Secretary. 

‘‘(4) JOBS ACCELERATOR.—The term ‘jobs accelerator’ means 

a jobs accelerator center or program located in or serving a 

low-income rural community that may provide co-working 

space, in-demand skills training, entrepreneurship support, and 

any other services described in subsection (d)(1)(B). 

‘‘(5) SMALL AND DISADVANTAGED BUSINESS.—The term 

‘small and disadvantaged business’ has the meaning given the 

term ‘small business concern owned and controlled by socially 

and economically disadvantaged individuals’ in section 

8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). 

‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary shall establish a grant 

program under which the Secretary shall award grants, on 

a competitive basis, to eligible entities to establish jobs accelerators, including related programming, that— 

‘‘(A) improve the ability of distressed rural communities 

to create high-wage jobs, accelerate the formation of new 

businesses with high-growth potential, and strengthen 

regional economies, including by helping to build capacity 

in the applicable region to achieve those goals; and 

‘‘(B) help rural communities identify and maximize 

local assets and connect to regional opportunities, networks, and industry clusters that demonstrate high growth 

potential. 

‘‘(2) COST-SHARING.— 

‘‘(A) IN GENERAL.—The Federal share of the cost of 

any activity carried out using a grant made under paragraph (1) shall be not greater than 80 percent. 

‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Federal share 

of the total cost of any activity carried out using a grant 

made under paragraph (1) may be in the form of donations 

or in-kind contributions of goods or services fairly valued. 

‘‘(3) SELECTION CRITERIA.—In selecting eligible entities to 

receive grants under paragraph (1), the Secretary shall consider— 

‘‘(A) the commitment of participating core stakeholders 

in the jobs accelerator partnership, including a demonstration that— 

‘‘(i) investment organizations, including venture 

development organizations, venture capital firms, 

revolving loan funders, angel investment groups, 

community lenders, community development financial 

institutions, rural business investment companies, 

small business investment companies (as defined in 

section 103 of the Small Business Investment Act of 

1958 (15 U.S.C. 662)), philanthropic organizations, and 

other institutions focused on expanding access to capital, are committed partners in the jobs accelerator 

partnership and willing to potentially invest in projects 

emerging from the jobs accelerator; and 

‘‘(ii) institutions of higher education, applied 

research institutions, workforce development entities, 

and community-based organizations are willing to 

partner with the jobs accelerator to provide workers 


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132 STAT. 4768 PUBLIC LAW 115–334—DEC. 20, 2018 

with skills relevant to the industry cluster needs of 

the region, with an emphasis on the use of on-thejob training, registered apprenticeships, customized 

training, classroom occupational training, or incumbent 

worker training; 

‘‘(B) the ability of the eligible entity to provide the 

non-Federal share as required under paragraph (2); 

‘‘(C) the identification of a targeted industry cluster; 

‘‘(D) the ability of the partnership to link rural communities to markets, networks, industry clusters, and other 

regional opportunities and assets; 

‘‘(E) other grants or loans of the Secretary and other 

Federal agencies that the jobs accelerator would be able 

to leverage; and 

‘‘(F) prospects for the proposed center and related 

programming to have sustainability beyond the full maximum length of assistance under this subsection, including 

the maximum number of renewals. 

‘‘(4) GRANT TERM AND RENEWALS.— 

‘‘(A) TERM.—The initial term of a grant under paragraph (1) shall be 4 years. 

‘‘(B) RENEWAL.—The Secretary may extend the term 

of a grant under paragraph (1) for an additional period 

of not longer than 2 years if the Secretary is satisfied, 

using the evaluation under subsection (e)(2), that the grant 

recipient has successfully established a jobs accelerator 

and related programming. 

‘‘(5) GEOGRAPHIC DISTRIBUTION.—To the maximum extent 

practicable, the Secretary shall provide grants under paragraph 

(1) for jobs accelerators and related programming in not fewer 

than 25 States at any time. 

‘‘(c) GRANT AMOUNT.—A grant awarded under subsection (b) 

may be in an amount equal to— 

‘‘(1) not less than $500,000; and 

‘‘(2) not more than $2,000,000. 

‘‘(d) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), funds from 

a grant awarded under subsection (b) may be used— 

‘‘(A) to construct, purchase, or equip a building to serve 

as an innovation center; 

‘‘(B) to support programs to be carried out at, or in 

direct partnership with, the jobs accelerator that support 

the objectives of the jobs accelerator, including— 

‘‘(i) linking rural communities and entrepreneurs 

to markets, networks, industry clusters, and other 

regional opportunities to support high-wage job creation, new business formation, business expansion, and 

economic growth; 

‘‘(ii) integrating small businesses into a supply 

chain; 

‘‘(iii) creating or expanding commercialization 

activities for new business formation; 

‘‘(iv) identifying and building assets in rural 

communities that are crucial to supporting regional 

economies; 

‘‘(v) facilitating the repatriation of high-wage jobs 

to the United States; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4769 

‘‘(vi) supporting the deployment of innovative processes, technologies, and products; 

‘‘(vii) enhancing the capacity of small businesses 

in regional industry clusters, including small and disadvantaged businesses; 

‘‘(viii) increasing United States exports and business interaction with international buyers and suppliers; 

‘‘(ix) developing the skills and expertise of local 

workforces, entrepreneurs, and institutional partners 

to meet the needs of employers and prepare workers 

for high-wage jobs in the identified industry clusters, 

including the upskilling of incumbent workers; 

‘‘(x) ensuring rural communities have the capacity 

and ability to carry out projects relating to housing, 

community facilities, infrastructure, or community and 

economic development to support regional industry 

cluster growth; or 

‘‘(xi) any other activities that the Secretary may 

determine to be appropriate. 

‘‘(2) REQUIREMENT.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), not 

more than 10 percent of a grant awarded under subsection 

(b) shall be used for indirect costs associated with administering the grant. 

‘‘(B) INCREASE.—The Secretary may increase the 

percentage described in subparagraph (A) on a case-bycase basis. 

‘‘(e) ANNUAL ACTIVITY REPORT AND EVALUATION.—Not later 

than 1 year after receiving a grant under this section, and annually 

thereafter for the duration of the grant, an eligible entity shall— 

‘‘(1) report to the Secretary on the activities funded with 

the grant; and 

‘‘(2)(A) evaluate the progress that the eligible entity has 

made toward the strategic objectives identified in the application for the grant; and 

‘‘(B) measure that progress using performance measures 

during the project period, which may include— 

‘‘(i) high-wage jobs created; 

‘‘(ii) high-wage jobs retained; 

‘‘(iii) private investment leveraged; 

‘‘(iv) businesses improved; 

‘‘(v) new business formations; 

‘‘(vi) new products or services commercialized; 

‘‘(vii) improvement of the value of existing products 

or services under development; 

‘‘(viii) regional collaboration, as measured by such 

metrics as— 

‘‘(I) the number of organizations actively engaged 

in the industry cluster; 

‘‘(II) the number of symposia held by the industry 

cluster, including organizations that are not located 

in the immediate region defined by the partnership; 

and 

‘‘(III) the number of further cooperative agreements; 


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132 STAT. 4770 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ix) the number of education and training activities 

relating to innovation; 

‘‘(x) the number of jobs relocated from outside of the 

United States to the region; 

‘‘(xi) the amount and number of new equity investments in industry cluster firms; 

‘‘(xii) the amount and number of new loans to industry 

cluster firms; 

‘‘(xiii) the dollar increase in exports resulting from 

the project activities; 

‘‘(xiv) the percentage of employees for which training 

was provided; 

‘‘(xv) improvement in sales of participating businesses; 

‘‘(xvi) improvement in wages paid at participating 

businesses; 

‘‘(xvii) improvement in income of participating workers; 

or 

‘‘(xviii) any other measure the Secretary determines 

to be appropriate. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 6425. DELTA REGIONAL AUTHORITY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 382M(a) of 

the Consolidated Farm and Rural Development Act (7 U.S.C. 

2009aa–12(a)) is amended by striking ‘‘2008 through 2018’’ and 

inserting ‘‘2019 through 2023’’. 

(b) TERMINATION OF AUTHORITY.—Section 382N of such Act 

(7 U.S.C. 2009aa–13) is amended by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

SEC. 6426. RURAL BUSINESS INVESTMENT PROGRAM. 

(a) DEFINITIONS.—Section 384A of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 2009cc) is amended— 

(1) in paragraph (2)— 

(A) in the paragraph heading, by striking ‘‘VENTURE’’; 

and 

(B) by striking ‘‘venture’’; and 

(2) by striking paragraph (4) and inserting the following: 

‘‘(4) EQUITY CAPITAL.—The term ‘equity capital’ means— 

‘‘(A) common or preferred stock or a similar instrument, 

including subordinated debt with equity features; and 

‘‘(B) any other type of equity-like financing that might 

be necessary to facilitate the purposes of this Act, excluding 

financing such as senior debt or other types of financing 

that competes with routine loanmaking of commercial 

lenders.’’. 

(b) PURPOSES.—Section 384B of such Act (7 U.S.C. 2009cc– 

1) is amended— 

(1) in paragraph (1), by striking ‘‘venture’’; and 

(2) in paragraph (2)— 

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

striking ‘‘venture’’; and 

(B) in subparagraph (B), by striking ‘‘venture’’. 

(c) SELECTION OF RURAL BUSINESS INVESTMENT COMPANIES.— 

Section 384D(b)(1) of such Act (7 U.S.C. 2009cc–3(b)(1)) is amended 

by striking ‘‘developmental venture’’ and inserting ‘‘developmental’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4771 

(d) FEES.—Section 384G of such Act (7 U.S.C. 2009cc–6) is 

amended— 

(1) in subsections (a) and (b), by striking ‘‘a fee that does not exceed $500’’ each place it appears and inserting ‘‘such 

fees as the Secretary considers appropriate, so long as those 

fees are proportionally equal for each rural business investment 

company,’’; and 

(2) in subsection (c)(2)— 

(A) in subparagraph (B), by striking ‘‘solely to cover 

the costs of licensing examinations’’ and inserting ‘‘as the 

Secretary considers appropriate’’; and 

(B) by striking subparagraph (C) and inserting the 

following: 

‘‘(C) shall be in such amounts as the Secretary considers appropriate.’’. 

(e) LIMITATION ON RURAL BUSINESS INVESTMENT COMPANIES

CONTROLLED BY FARM CREDIT SYSTEM INSTITUTIONS.—Section 

384J(c) of such Act (7 U.S.C. 2009cc–9(c)) is amended by striking 

‘‘25’’ and inserting ‘‘50’’. 

(f) FLEXIBILITY ON SOURCES OF INVESTMENT OR CAPITAL.—Section 384J(a) of such Act (7 U.S.C. 2009cc–9(a)) is amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; 

(2) by striking the subsection designation and heading and 

all that follows through ‘‘Except as’’ in the matter preceding 

subparagraph (A) (as so redesignated) and inserting the following: 

‘‘(a) INVESTMENT.— ‘‘(1) IN GENERAL.—Except as’’; and 

(3) by adding at the end the following: 

‘‘(2) LIMITATION ON REQUIREMENTS.—The Secretary may 

not require that an entity described in paragraph (1) provide 

investment or capital that is not required of other companies 

eligible to apply to operate as a rural business investment 

company under section 384D(a).’’. 

SEC. 6427. RURAL BUSINESS INVESTMENT PROGRAM. 

Section 384S of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 2009cc–18) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

Subtitle E—Additional Amendments to the 

Rural Electrification Act of 1936 

SEC. 6501. AMENDMENTS TO SECTION 2 OF THE RURAL ELECTRIFICATION ACT OF 1936. 

(a) ELECTRIC LOAN REFINANCING.—Section 2(a) of the Rural 

Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by striking 

‘‘loans in’’ and inserting ‘‘loans, or refinance loans made by the 

Secretary under this Act, in’’. 

(b) TECHNICAL ASSISTANCE FOR RURAL ELECTRIFICATION

LOANS.—Section 2 of such Act (7 U.S.C. 902) is amended by adding 

at the end the following: 

‘‘(c) TECHNICAL ASSISTANCE.—Not later than 180 days after 

the date of enactment of this subsection, the Secretary shall enter 

into a memorandum of understanding with the Secretary of Energy 


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132 STAT. 4772 PUBLIC LAW 115–334—DEC. 20, 2018 

under which the Secretary of Energy shall provide technical assistance to the Rural Utilities Service on loans to be made under 

subsection (a) of this section and section 4(a).’’. 

SEC. 6502. LOANS FOR TELEPHONE SERVICE. 

Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 

922) is amended— 

(1) by striking the section designation and all that follows 

through ‘‘From such sums’’ and inserting the following: 

‘‘SEC. 201. LOANS FOR TELEPHONE SERVICE. 

‘‘From such sums’’; 

(2) in the second sentence, by striking ‘‘associations:’’ and 

all that follows through ‘‘same subscribers.’’ and inserting 

‘‘associations.’’; and 

(3) in the sixth sentence, by striking ‘‘, nor shall such 

loan be made in any State’’ and all that follows through 

‘‘writing)’’ in the seventh sentence and inserting the following: 

‘‘and’’. 

SEC. 6503. CUSHION OF CREDIT PAYMENTS PROGRAM. 

Section 313(a) of the Rural Electrification Act of 1936 (7 U.S.C. 

940c(a)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘(1) IN GENERAL.—The’’ and inserting 

the following: 

‘‘(1) IN GENERAL.— 

‘‘(A) DEVELOPMENT AND PROMOTION OF PROGRAM.— 

The’’; and 

(B) by adding after and below the end the following: 

‘‘(B) TERMINATION.—Effective on the date of enactment 

of this subparagraph, no deposits may be made under 

subparagraph (A).’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘(2) INTEREST.—Amounts’’ and inserting 

the following: 

‘‘(2) INTEREST.— 

‘‘(A) IN GENERAL.—Amounts’’; and 

(B) by adding after and below the end the following: 

‘‘(B) REDUCTION.—Notwithstanding subparagraph (A), 

amounts in each cushion of credit account shall accrue 

interest to the borrower at a rate equal to— 

‘‘(i) 4 percent per annum in fiscal year 2021; and 

‘‘(ii) the then applicable 1-year Treasury rate thereafter.’’; and 

(3) in paragraph (3)— 

(A) by striking ‘‘(3) BALANCE.—A’’ and inserting the 

following: 

‘‘(3) BALANCE.— 

‘‘(A) IN GENERAL.—A’’; and 

(B) by after and below the end the following: 

‘‘(B) PREPAYMENT.—Notwithstanding subparagraph (A) 

and subject to subparagraph (C), beginning on the date 

of the enactment of this subparagraph and ending with 

September 30, 2020, a borrower may, at the sole discretion 

of the borrower, reduce the balance of its cushion of credit 

account if the amount obtained from the reduction is used 

to prepay loans made or guaranteed under this Act. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4773 

‘‘(C) NO PREPAYMENT PREMIUM.—Notwithstanding any 

other provision of this Act, no prepayment premium shall 

be imposed or collected with respect to that portion of 

a loan that is prepaid by a borrower in accordance with 

subparagraph (B). 

‘‘(D) MANDATORY FUNDING.—Notwithstanding section 

504 of the Federal Credit Reform Act of 1990, out of any 

funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall make available such sums 

as necessary to cover any loan modification costs as defined 

in section 502 of such Act.’’. 

SEC. 6504. EXTENSION OF THE RURAL ECONOMIC DEVELOPMENT 

LOAN AND GRANT PROGRAM. 

(a) Section 12(b)(3)(D) of the Rural Electrification Act of 1936 

(7 U.S.C. 912(b)(3)(D)) is amended by striking ‘‘313(b)(2)(A)’’ and 

inserting ‘‘313(b)(2)’’. 

(b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is 

amended— 

(1) by striking all that precedes ‘‘shall maintain’’ and 

inserting the following: 

‘‘(2) RURAL ECONOMIC DEVELOPMENT SUBACCOUNT.—The 

Secretary’’; and 

(2) by striking ‘‘the 5 percent’’ and all that follows through 

subparagraph (E) and inserting ‘‘5 percent.’’. 

(c) Title III of such Act (7 U.S.C. 931–940h) is amended by 

inserting after section 313A the following: 

‘‘SEC. 313B. RURAL DEVELOPMENT LOANS AND GRANTS. 

‘‘(a) IN GENERAL.—The Secretary shall provide grants or zero 

interest loans to borrowers under this Act for the purpose of promoting rural economic development and job creation projects, 

including funding for project feasibility studies, start-up costs, incubator projects, and other reasonable expenses for the purpose of 

fostering rural development. 

‘‘(b) REPAYMENTS.—In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will 

encourage borrower participation. 

‘‘(c) PROCEEDS.—All proceeds from the repayment of such loans 

made under this section shall be returned to the subaccount that 

the Secretary shall maintain in accordance with sections 313(b)(2) 

and 313B(f). 

‘‘(d) NUMBER OF GRANTS.—Loans and grants required under 

this section shall be made to the full extent of the amounts made 

available under subsection (e). 

‘‘(e) FUNDING.— ‘‘(1) DISCRETIONARY FUNDING.—In addition to other funds 

that are available to carry out this section, there is authorized 

to be appropriated not more than $10,000,000 for each of fiscal 

years 2019 through 2023 to carry out this section, to remain 

available until expended. 

‘‘(2) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary shall credit to the subaccount 

to use for the cost of grants and loans under this section 

$5,000,000 for each of fiscal years 2022 and 2023, to remain 

available until expended. 

‘‘(3) OTHER FUNDS.—In addition to the funds described 

in paragraphs (1) and (2), the Secretary shall use, without 

7 USC 940c–2. 


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132 STAT. 4774 PUBLIC LAW 115–334—DEC. 20, 2018 

fiscal year limitation, to provide grants and loans under this 

section— 

‘‘(A) the interest differential sums credited to the subaccount described in subsection (c); and 

‘‘(B) subject to section 313A(e)(2), the fees described 

in subsection (c)(4) of such section. 

‘‘(f) MAINTENANCE OF ACCOUNT.—The Secretary shall maintain 

the subaccount described in section 313(b)(2), as in effect in fiscal 

year 2017, for purposes of carrying out this section.’’. 

(d) Section 313A of the Rural Electrification Act of 1936 (7 

U.S.C. 940c–1) is amended— 

(1) in subsection (c)(4)— 

(A) in subparagraph (A), by striking ‘‘maintained under 

section 313(b)(2)(A)’’ and inserting ‘‘that shall be maintained as required by sections 313(b)(2) and 313B(f)’’; and 

(B) in subparagraph (B), by striking ‘‘313(b)(2)(B)’’ and 

inserting ‘‘313(b)(2)’’; and 

(2) in subsection (e)(2), by striking ‘‘maintained under section 313(b)(2)(A)’’ and inserting ‘‘required to be maintained 

by sections 313(b)(2) and 313B(f)’’. 

(e)(1) Subject to section 313B(e) of the Rural Electrification 

Act of 1936 (as added by this section), the Secretary of Agriculture 

shall carry out the loan and grant program required under such 

section in the same manner as the loan and grant program under 

section 313(b)(2) of such Act is carried out on the day before the 

date of the enactment of this Act, until such time as any regulations 

necessary to carry out the amendments made by this section are 

fully implemented. 

(2) Paragraph (1) shall take effect on the date of the enactment 

of this Act. 

SEC. 6505. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR TELEPHONE PURPOSES. 

(a) IN GENERAL.—Section 313A of the Rural Electrification 

Act of 1936 (7 U.S.C. 940c–1) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘Subject to’’ and inserting the following: 

‘‘(1) GUARANTEES.—Subject to’’; 

(B) in paragraph (1) (as so designated), by striking 

‘‘basis’’ and all that follows through the period at the end 

and inserting ‘‘basis, if the proceeds of the bonds or notes 

are used to make utility infrastructure loans, or refinance 

bonds or notes issued for those purposes, to a borrower 

that has at any time received, or is eligible to receive, 

a loan under this Act.’’; and 

(C) by adding at the end the following: 

‘‘(2) TERMS.—A bond or note guaranteed under this section 

shall, by agreement between the Secretary and the borrower— 

‘‘(A) be for a term of 30 years (or another term of 

years that the Secretary determines is appropriate); and 

‘‘(B) be repaid by the borrower— 

‘‘(i) in periodic installments of principal and 

interest; 

‘‘(ii) in periodic installments of interest and, at 

the end of the term of the bond or note, as applicable, 

by the repayment of the outstanding principal; or 

7 USC 940c–2 

note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4775 

‘‘(iii) through a combination of the methods 

described in clauses (i) and (ii).’’; 

(2) in subsection (b)— 

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

all that follows through the period at the end and inserting 

‘‘purposes described in subsection (a)(1).’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and 

(D) in paragraph (2) (as so redesignated)— 

(i) in subparagraph (A), by striking ‘‘for electrification or telephone purposes’’ and inserting ‘‘for eligible 

purposes described in subsection (a)(1)’’; and 

(ii) in subparagraph (C), by striking ‘‘subsection 

(a)’’ and inserting ‘‘subsection (a)(1)’’; and 

(3) in subsection (f), by striking ‘‘2018’’ and inserting ‘‘2023’’. 

(b) ADMINISTRATION.—Beginning on the date of enactment of 

the Agriculture Improvement Act of 2018, the Secretary shall continue to carry out section 313A of the Rural Electrification Act 

of 1936 (7 U.S.C. 940c–1) (as amended by subsection (a)) under 

a Notice of Solicitation of Applications until the date on which 

any regulations necessary to carry out the amendments made by 

subsection (a) are fully implemented. 

SEC. 6506. EXPANSION OF 911 ACCESS. 

Section 315 of the Rural Electrification Act of 1936 (7 U.S.C. 

940e) is amended— 

(1) in subsection (a)(2), by striking ‘‘commercial or transportation’’ and inserting ‘‘critical transportation-related’’; and 

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

‘‘2023’’. 

SEC. 6507. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS. 

Title III of the Rural Electrification Act of 1936 (7 U.S.C. 

931 et seq.) is amended by adding at the end the following: 

‘‘SEC. 319. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS. 

‘‘(a) DEFINITION OF CYBERSECURITY AND GRID SECURITY

IMPROVEMENTS.—In this section, the term ‘cybersecurity and grid 

security improvements’ means investment in the development, 

expansion, and modernization of rural utility infrastructure that 

addresses known cybersecurity and grid security risks. 

‘‘(b) LOANS AND LOAN GUARANTEES.—The Secretary may make 

or guarantee loans under this title and title I for cybersecurity 

and grid security improvements.’’. 

Subtitle F—Program Repeals 

SEC. 6601. ELIMINATION OF UNFUNDED PROGRAMS. 

(a) CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT.— 

(1) REPEALERS.—The following provisions of the Consolidated Farm and Rural Development Act are hereby repealed: 

(A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)). 

(B) Section 310B(f) (7 U.S.C. 1932(f)). 

(C) Section 379 (7 U.S.C. 2008n). 

(D) Section 379A (7 U.S.C. 2008o). 

(E) Section 379C (7 U.S.C. 2008q). 

7 USC 940i. 

7 USC 940c–1 

note. 


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132 STAT. 4776 PUBLIC LAW 115–334—DEC. 20, 2018 

(F) Section 379D (7 U.S.C. 2008r). 

(G) Section 379F (7 U.S.C. 2008t). 

(H) Subtitle I (7 U.S.C. 2009dd–2009dd–7). 

(2) CONFORMING AMENDMENT.—Section 333A(h) of such Act 

(7 U.S.C. 1983a(h)) is amended by striking ‘‘310B(f),’’. 

(b) RURAL ELECTRIFICATION ACT OF 1936.—Section 314 of the 

Rural Electrification Act of 1936 (7 U.S.C. 940d) is hereby repealed. 

SEC. 6602. REPEAL OF RURAL TELEPHONE BANK. 

(a) REPEAL.—Title IV of the Rural Electrification Act of 1936 

(7 U.S.C. 941–950b) is repealed. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 18 of such Act (7 U.S.C. 918) is amended in 

each of subsections (a) and (b) by striking ‘‘and the Governor 

of the telephone bank’’. 

(2) Section 204 of such Act (7 U.S.C. 925) is amended 

by striking ‘‘and the Governor of the telephone bank’’. 

(3) Section 205(a) of such Act (7 U.S.C. 926) is amended— 

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

‘‘and the Governor of the telephone bank’’; and 

(B) in paragraph (2), by striking ‘‘or the Governor 

of the telephone bank’’. 

(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is 

amended— 

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

‘‘and the Governor of the telephone bank’’; 

(B) by striking paragraph (1); 

(C) in paragraph (4), by striking ‘‘or 408’’; and 

(D) by redesignating paragraphs (2) through (4) as 

paragraphs (1) through (3), respectively. 

(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is 

amended— 

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

‘‘and the Governor of the telephone bank’’; 

(B) in paragraph (1), by striking ‘‘, or a Rural Telephone 

Bank loan,’’; and 

(C) in paragraph (2), by striking ‘‘, the Rural Telephone 

Bank,’’. 

(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is 

amended— 

(A) by striking ‘‘305,’’ and inserting ‘‘305 or’’; and 

(B) by striking ‘‘, or a loan under section 408,’’. 

(7) Section 301 of such Act (7 U.S.C. 931) is amended— 

(A) in paragraph (3), by striking ‘‘except for net collection proceeds previously appropriated for the purchase of 

class A stock in the Rural Telephone Bank,’’; 

(B) by adding ‘‘or’’ at the end of paragraph (4); 

(C) by striking ‘‘; and’’ at the end of paragraph (5) 

and inserting a period; and 

(D) by striking paragraph (6). 

(8) Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B)) 

is amended— 

(A) in clause (i), by striking ‘‘and a loan under section 

408’’; and 

(B) in clause (ii), by striking ‘‘and under section 408’’ 

each place it appears. 

7 USC 941–950b. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4777 

(9) Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C)) 

is amended by striking ‘‘and section 408(b)(4)(C), the Secretary 

and the Governor of the telephone bank’’ and inserting ‘‘the 

Secretary’’. 

(10) Section 306 of such Act (7 U.S.C. 936) is amended 

by striking ‘‘the Rural Telephone Bank, National Rural Utilities 

Cooperative Finance Corporation,’’ and inserting ‘‘the National 

Rural Utilities Cooperative Finance Corporation’’. 

(11) Section 309 of such Act (7 U.S.C. 739) is amended 

by striking the last sentence. 

(12) Section 2352(b) of the Food, Agriculture, Conservation, 

and Trade Act of 1990 (7 U.S.C. 901 note) is amended by 

striking ‘‘the Rural Telephone Bank and’’. 

(13) The first section of Public Law 92–12 (7 U.S.C. 921a) 

is repealed. 

(14) The first section of Public Law 92–324 (7 U.S.C. 921b) 

is repealed. 

(15) Section 1414 of the Omnibus Budget Reconciliation 

Act of 1987 (7 U.S.C. 944a) is repealed. 

(16) Section 1411 of the Omnibus Budget Reconciliation 

Act of 1987 (7 U.S.C. 948 notes) is amended by striking subsections (a) and (b). 

(17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 

(12 U.S.C. 2129(b)(1)(A)) is amended by striking ‘‘or a loan 

or loan commitment from the Rural Telephone Bank,’’. 

(18) Section 105(d) of the National Consumer Cooperative 

Bank Act (12 U.S.C. 3015(d)) is amended by striking ‘‘the 

Rural Telephone Bank,’’. 

(19) Section 9101 of title 31, United States Code, is 

amended— 

(A) in paragraph (2), by striking subparagraph (H) 

and redesignating subparagraphs (I), (J), and (K) as subparagraphs (H), (I), and (J), respectively; and 

(B) in paragraph (3), by striking subparagraphs (K) 

and (O) and redesignating subparagraphs (L) through (N) 

and (P) through (R) as subparagraphs (K) through (P), 

respectively. 

(20) Section 9108(d)(2) of title 31, United States Code, 

is amended by striking ‘‘the Rural Telephone Bank (when the 

ownership, control, and operation of the Bank are converted 

under section 410(a) of the Rural Electrification Act of 1936 

(7 U.S.C. 950(a))),’’. 

SEC. 6603. AMENDMENTS TO LOCAL TV ACT. 

The Launching Our Communities’ Access to Local Television 

Act of 2000 (title X of H.R. 5548 of the 106th Congress, as enacted 

by section 1(a)(2) of Public Law 106–553; 114 Stat. 2762A–128) 

is amended— 

(1) by striking the title heading and inserting the following: 

‘‘TITLE X—SATELLITE CARRIER 

RETRANSMISSION ELIGIBILITY’’; 

(2) by striking sections 1001 through 1007 and 1009 

through 1012; and 

(3) by redesignating section 1008 as section 1001. 

47 USC 1101 

and note, 

1102–1110. 


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132 STAT. 4778 PUBLIC LAW 115–334—DEC. 20, 2018 

Subtitle G—Technical Corrections 

SEC. 6701. CORRECTIONS RELATING TO THE CONSOLIDATED FARM 

AND RURAL DEVELOPMENT ACT. 

(a)(1) Section 306(a)(19)(A) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting 

after ‘‘nonprofit corporations’’ the following: ‘‘, Indian Tribes (as 

defined in section 4(e) of the Indian Self-Determination and Education Assistance Act)’’. 

(2) The amendment made by this subsection shall take effect 

as if included in section 773 of the Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (H.R. 5426 of the 106th Congress, as enacted by 

Public Law 106–387 (114 Stat. 1549A–45)) in lieu of the amendment 

made by such section. 

(b)(1) Section 309A(b) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1929a(b)) is amended by striking ‘‘and 

section 308’’. 

(2) The amendment made by this subsection shall take effect 

as if included in the enactment of section 661(c)(2) of the Federal 

Agricultural Improvement and Reform Act of 1996 (Public Law 

104–127). 

(c) Section 310B(c)(3)(A)(v) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended by striking 

‘‘and’’ after the semicolon and inserting ‘‘or’’. 

(d)(1) Section 310B(e)(5)(F) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by inserting 

‘‘, except that the Secretary shall not require non-Federal financial 

support in an amount that is greater than 5 percent in the case 

of a 1994 institution (as defined in section 532 of the Equity 

in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; 

Public Law 103–382))’’ before the period at the end. 

(2) The amendment made by this subsection shall take effect 

as if included in the enactment of section 6015 of the Farm Security 

and Rural Investment Act of 2002 (Public Law 107–171). 

(e)(1) Section 381E(d)(3) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 2009d(d)(3)) is amended by striking 

subparagraph (A) and redesignating subparagraphs (B) and (C) 

as subparagraphs (A) and (B), respectively. 

(2) The amendment made by paragraph (1) shall take effect 

as if included in the enactment of section 6012(b) of the Agricultural 

Act of 2014 (Public Law 113–79). 

(f)(1) Section 382A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa) is amended by adding at the end 

the following: 

‘‘(4) Notwithstanding any other provision of law, the State 

of Alabama shall be a full member of the Delta Regional 

Authority and shall be entitled to all rights and privileges 

that said membership affords to all other participating States 

in the Delta Regional Authority.’’. 

(2) The amendment made by this subsection shall take effect 

as if included in the enactment of section 153(b) of division B 

of H.R. 5666, as introduced in the 106th Congress, and as enacted 

by section 1(4) of the Consolidated Appropriations Act, 2001 

(Appendix D of Public Law 106–554; 114 Stat. 2763A–252). 

7 USC 2009aa 

note. 

7 USC 2009d 

note. 

7 USC 1932 note. 

7 USC 1929a 

note. 

7 USC 1926 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4779 

(g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural 

Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving 

clause (iv) 2 ems to the right. 

(h) Section 383G(c) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 2009bb-5(c)) is amended— 

(1) in the subsection heading by striking ‘‘TELECOMMUNI- CATION RENEWABLE ENERGY,,’’ and inserting ‘‘TELECOMMUNI- CATION, RENEWABLE ENERGY,’’; and 

(2) in the text, by striking ‘‘,,’’ and inserting a comma. 

SEC. 6702. CORRECTIONS RELATING TO THE RURAL ELECTRIFICATION 

ACT OF 1936. 

Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 

922) is amended— 

(1) in the 3rd sentence by striking ‘‘wildest’’ and inserting 

‘‘widest’’; and 

(2) in the 6th sentence, by striking ‘‘centifies’’ and inserting 

‘‘certifies’’. 

TITLE VII—RESEARCH, EXTENSION, 

AND RELATED MATTERS 

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

Act of 1977 

SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND 

EDUCATION. 

Section 1402 of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended— 

(1) in paragraph (7), by striking ‘‘and’’ at the end; 

(2) in paragraph (8), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(9) support international collaboration that leverages 

resources and advances priority food and agricultural interests 

of the United States, such as— 

‘‘(A) addressing emerging plant and animal diseases; 

‘‘(B) improving crop varieties and animal breeds; and 

‘‘(C) developing safe, efficient, and nutritious food systems.’’. 

SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS 

AND DECLARATIONS. 

(a) IN GENERAL.—Section 1404(14) of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103(14)) is amended— 

(1) by amending subparagraph (A) to read as follows: 

‘‘(A) IN GENERAL.— ‘‘(i) DEFINITION.—The terms ‘NLGCA Institution’ 

and ‘non-land-grant college of agriculture’ mean a 

public college or university offering a baccalaureate 

or higher degree in the study of agricultural sciences, 

forestry, or both in any area of study specified in 

clause (ii). 


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132 STAT. 4780 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ii) CLARIFICATION.—For purposes of clause (i), 

an area of study specified in this clause is any of 

the following: 

‘‘(I) Agriculture. 

‘‘(II) Agricultural business and management. 

‘‘(III) Agricultural economics. 

‘‘(IV) Agricultural mechanization. 

‘‘(V) Agricultural production operations. 

‘‘(VI) Aquaculture. 

‘‘(VII) Agricultural and food products processing. 

‘‘(VIII) Agricultural and domestic animal services. 

‘‘(IX) Equestrian or equine studies. 

‘‘(X) Applied horticulture or horticulture operations. 

‘‘(XI) Ornamental horticulture. 

‘‘(XII) Greenhouse operations and management. 

‘‘(XIII) Turf and turfgrass management. 

‘‘(XIV) Plant nursery operations and management. 

‘‘(XV) Floriculture or floristry operations and 

management. 

‘‘(XVI) International agriculture. 

‘‘(XVII) Agricultural public services. 

‘‘(XVIII) Agricultural and extension education 

services. 

‘‘(XIX) Agricultural communication or agricultural journalism. 

‘‘(XX) Animal sciences. 

‘‘(XXI) Food science. 

‘‘(XXII) Plant sciences. 

‘‘(XXIII) Soil sciences. 

‘‘(XXIV) Forestry. 

‘‘(XXV) Forest sciences and biology. 

‘‘(XXVI) Natural resources or conservation. 

‘‘(XXVII) Natural resources management and 

policy. 

‘‘(XXVIII) Natural resource economics. 

‘‘(XXIX) Urban forestry. 

‘‘(XXX) Wood science and wood products or 

pulp or paper technology. 

‘‘(XXXI) Range science and management. 

‘‘(XXXII) Agricultural engineering. 

‘‘(XXXIII) Any other area, as determined 

appropriate by the Secretary.’’; and 

(2) in subparagraph (C)— 

(A) in the matter preceding clause (i), by inserting 

‘‘any institution designated under’’ after ‘‘include’’; 

(B) by striking clause (i); and 

(C) in clause (ii)— 

(i) by striking ‘‘(ii) any institution designated 

under—’’; 

(ii) by striking subclause (IV); 

(iii) in subclause (II), by adding ‘‘or’’ at the end; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4781 

(iv) in subclause (III), by striking ‘‘; or’’ at the 

end and inserting a period; and 

(v) by redesignating subclauses (I), (II), and (III) 

(as so amended) as clauses (i), (ii), and (iii), respectively, and by moving the margins of such clauses 

(as so redesignated) two ems to the left. 

(b) DESIGNATION REVIEW.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary shall establish 

a process to review each designated NLGCA Institution (as 

defined in section 1404(14)(A) of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103(14)(A))) to ensure compliance with such section, as 

amended by this subsection. 

(2) REVOCATION.—An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in compliance shall have the designation of such institution revoked. 

SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND ECONOMICS ADVISORY BOARD. 

Section 1408 of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘25’’ and inserting 

‘‘15’’; and 

(B) by amending paragraph (3) to read as follows: 

‘‘(3) MEMBERSHIP CATEGORIES.—The Advisory Board shall 

consist of members from each of the following categories: 

‘‘(A) 3 members representing national farm or producer 

organizations, which may include members— 

‘‘(i) representing farm cooperatives; 

‘‘(ii) who are producers actively engaged in the 

production of a food animal commodity and who are 

recommended by a coalition of national livestock 

organizations; 

‘‘(iii) who are producers actively engaged in the 

production of a plant commodity and who are recommended by a coalition of national crop organizations; 

or 

‘‘(iv) who are producers actively engaged in aquaculture and who are recommended by a coalition of 

national aquacultural organizations. 

‘‘(B) 2 members representing academic or research societies, which may include members representing— 

‘‘(i) a national food animal science society; 

‘‘(ii) a national crop, soil, agronomy, horticulture, 

plant pathology, or weed science society; 

‘‘(iii) a national food science organization; 

‘‘(iv) a national human health association; or 

‘‘(v) a national nutritional science society. 

‘‘(C) 5 members representing agricultural research, 

extension, and education, which shall include each of the 

following: 

‘‘(i) 1 member representing the land-grant colleges 

and universities eligible to receive funds under the 

Act of July 2, 1862 (7 U.S.C. 301 et seq.). 

7 USC 3103 note. 


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132 STAT. 4782 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ii) 1 member representing the land-grant colleges 

and universities eligible to receive funds under the 

Act of August 30, 1890 (7 U.S.C. 321 et seq.), including 

Tuskegee University. 

‘‘(iii) 1 member representing the 1994 Institutions 

(as defined in section 532 of the Equity in Educational 

Land-Grant Status Act of 1994 (7 U.S.C. 301 note; 

Public Law 103–382)). 

‘‘(iv) 1 member representing NLGCA Institutions 

or Hispanic-serving institutions. 

‘‘(v) 1 member representing American colleges of 

veterinary medicine. 

‘‘(D) 5 members representing industry, consumer, or 

rural interests, including members representing— 

‘‘(i) entities engaged in transportation of food and 

agricultural products to domestic and foreign markets; 

‘‘(ii) food retailing and marketing interests; 

‘‘(iii) food and fiber processors; 

‘‘(iv) rural economic development interests; 

‘‘(v) a national consumer interest group; 

‘‘(vi) a national forestry group; 

‘‘(vii) a national conservation or natural resource 

group; 

‘‘(viii) a national social science association; 

‘‘(ix) private sector organizations involved in international development; or 

‘‘(x) a national association of agricultural economists.’’; 

(2) in subsection (c)— 

(A) in paragraph (1)— 

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

striking ‘‘review and’’ and inserting ‘‘make recommendations, review, and’’; 

(ii) by striking subparagraph (A) and inserting 

the following new subparagraph: 

‘‘(A) long-term and short-term national policies and 

priorities consistent with the— 

‘‘(i) purposes specified in section 1402 for agricultural research, extension, education, and economics; 

and 

‘‘(ii) priority areas of the Agriculture and Food 

Research Initiative specified in subsection (b)(2) of the 

Competitive, Special, and Facilities Research Grant 

Act (7 U.S.C. 3157(b)(2));’’; and 

(iii) by amending subparagraph (B) to read as follows: 

‘‘(B) the annual establishment of national priorities 

that are in accordance with the priority areas of the Agriculture and Food Research Initiative specified in subsection 

(b)(2) of the Competitive, Special, and Facilities Research 

Grant Act (7 U.S.C. 3157(b)(2)).’’; 

(B) in paragraph (2), by inserting ‘‘and make recommendations to the Secretary based on such evaluation’’ 

after ‘‘priorities’’; and 

(C) in paragraph (4), by inserting ‘‘and make recommendations on’’ after ‘‘review’’; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4783 

(3) in subsection (h), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

SEC. 7104. SPECIALTY CROP COMMITTEE. 

Section 1408A(a)(2) of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)) 

is amended— 

(1) in subparagraph (A), by striking ‘‘speciality’’ and 

inserting ‘‘specialty’’; 

(2) in subparagraph (B)— 

(A) in the matter preceding clause (i), by striking ‘‘9’’ 

and inserting ‘‘11’’; and 

(B) in clause (i), by striking ‘‘Three’’ and inserting 

‘‘Five’’; and 

(3) in subparagraph (D), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED. 

Subtitle B of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3121 et seq.) is amended 

by striking section 1408B. 

SEC. 7106. VETERINARY SERVICES GRANT PROGRAM. 

Section 1415B of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3151b) is amended— 

(1) in subsection (d)(1), by adding at the end the following: 

‘‘(F) To expose students in grades 11 and 12 to education and career opportunities in food animal medicine.’’; 

and 

(2) in subsection (h)— 

(A) by striking the subsection designation and heading 

and inserting the following: 

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—’’; and 

(B) by adding at the end the following: 

‘‘(2) PRIORITY.—From amounts made available for grants 

under this section, the Secretary shall prioritize grant awards 

for programs or activities with a focus on the practice of food 

animal medicine. ’’. 

SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE 

SCIENCES EDUCATION. 

Section 1417(m)(2) of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)(2)) 

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

SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS. 

Section 1419A(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155(e)) is amended 

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

SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING INSTITUTIONS AND NATIVE HAWAIIAN SERVING INSTITUTIONS. 

Section 1419B of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended— 

(1) in subsection (a)(3), by striking ‘‘2018’’ and inserting 

‘‘2023’’; and 

(2) in subsection (b)(3), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

7 USC 3123b. 


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132 STAT. 4784 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 7110. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE. 

Subtitle C of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 1419C. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE. 

‘‘(a) IN GENERAL.—The Secretary shall establish a next generation agriculture technology challenge competition to provide an 

incentive for the development of innovative mobile technology that 

removes barriers to entry in the marketplace for beginning farmers 

and ranchers (as defined in subsection (a) of section 2501 of the 

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

2279)). 

‘‘(b) AMOUNT.—The Secretary may award not more than 

$1,000,000 in the aggregate to 1 or more winners of the competition 

under subsection (a).’’. 

SEC. 7111. LAND-GRANT DESIGNATION. 

Subtitle C of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.), as amended 

by section 7110, is further amended by adding at the end the 

following new section: 

‘‘SEC. 1419D. LAND-GRANT DESIGNATION. 

‘‘(a) PROHIBITION ON DESIGNATION.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law and except as provided in paragraphs (2) and (3), beginning 

on the date of the enactment of this section, no additional 

entity may be designated as eligible to receive funds under 

a covered program. 

‘‘(2) 1994 INSTITUTIONS.—The prohibition under paragraph 

(1) with respect to the designation of an entity eligible to 

receive funds under a covered program shall not apply in the 

case of the certification of a 1994 Institution under section 

2 of Public Law 87–788 (commonly known as the ‘‘McIntireStennis Cooperative Forestry Act’’) (16 U.S.C. 582a–1). 

‘‘(3) EXTRAORDINARY CIRCUMSTANCES.—In the case of 

extraordinary circumstances or a situation that would lead 

to an inequitable result, as determined by the Secretary, the 

Secretary may determine that an entity designated after the 

date of enactment of this section is eligible to receive funds 

under a covered program. 

‘‘(b) STATE FUNDING.—No State shall receive an increase in 

funding under a covered program as a result of the State’s designation of additional entities as eligible to receive such funding. 

‘‘(c) COVERED PROGRAM DEFINED.—For purposes of this section, 

the term ‘covered program’ means agricultural research, extension, 

education, and related programs or grants established or available 

under any of the following: 

‘‘(1) Subsections (b), (c), and (d) of section 3 of the SmithLever Act (7 U.S.C. 343). 

‘‘(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.). 

‘‘(3) Sections 1444, 1445, and 1447. 

‘‘(4) Public Law 87–788 (commonly known as the McIntireStennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.). 

7 USC 3159. 

7 USC 3158. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4785 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as limiting eligibility for a capacity and infrastructure 

program specified in section 251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that 

is not a covered program.’’. 

SEC. 7112. NUTRITION EDUCATION PROGRAM. 

Section 1425 of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3175) is amended— 

(1) by redesignating subsection (f) as subsection (g); 

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

‘‘(f) COORDINATION.—Projects carried out with funds made available under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), 

to carry out the program established under subsection (b) may 

be coordinated with the nutrition education and obesity prevention 

grant program under section 28 of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2036a) or another health promotion or nutrition 

improvement strategy, whether publicly or privately funded, as 

determined by the Secretary.’’; and 

(3) in subsection (g) (as so redesignated), by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 7113. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH 

PROGRAMS. 

Section 1433(c)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195(c)(1)) is 

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

SEC. 7114. CARRYOVER OF FUNDS FOR EXTENSION AT 1890 LANDGRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY. 

Section 1444(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) is amended 

by striking paragraph (4). 

SEC. 7115. EXTENSION AND AGRICULTURAL RESEARCH AT 1890 LANDGRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY. 

(a) EXTENSION.—Section 1444(b) of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3221(b)) is amended— 

(1) in the undesignated matter following paragraph (2)(B)— 

(A) by striking ‘‘paragraph (2) of this subsection’’ and 

inserting ‘‘this paragraph’’; and 

(B) by striking ‘‘In computing’’ and inserting the following: 

‘‘(C) In computing’’; 

(2) in paragraph (2)— 

(A) in subparagraph (B), by striking ‘‘Of the remainder’’ 

and inserting ‘‘Except as provided in paragraph (4), of 

the remainder’’; and 

(B) by striking ‘‘(2) any funds’’ and inserting the following: 

‘‘(3) ADDITIONAL AMOUNT.—Any funds’’; 

(3) in paragraph (1)— 

(A) by striking ‘‘are allocated’’ and inserting ‘‘were allocated’’; and 

(B) by striking ‘‘; and’’ and inserting ‘‘, as so designated 

as of that date.’’; 


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132 STAT. 4786 PUBLIC LAW 115–334—DEC. 20, 2018 

(4) by striking ‘‘(b) Beginning’’ in the matter preceding 

paragraph (1) and all that follows through ‘‘any funds’’ in 

paragraph (1) and inserting the following: 

‘‘(b) DISTRIBUTION OF FUNDS.— ‘‘(1) IN GENERAL.—Funds made available under this section 

shall be distributed among eligible institutions in accordance 

with this subsection. 

‘‘(2) BASE AMOUNT.—Any funds’’; and 

(5) by adding at the end the following: 

‘‘(4) SPECIAL AMOUNTS.— ‘‘(A) DEFINITIONS.—In this paragraph: 

‘‘(i) COVERED FISCAL YEAR.—The term ‘covered 

fiscal year’ means the fiscal year for which the qualified 

eligible institution first received an allocation of 

$3,000,000 under subparagraph (B)(i). 

‘‘(ii) OTHER ELIGIBLE INSTITUTION.—The term 

‘other eligible institution’ means an eligible institution, 

other than the qualified eligible institution, receiving 

an allocation of funds under this section. 

‘‘(iii) QUALIFIED ELIGIBLE INSTITUTION.—The term 

‘qualified eligible institution’ means the eligible institution described in subparagraph (B)(i). 

‘‘(B) FISCAL YEAR 2019, 2020, 2021, OR 2022.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), for 1 of 

fiscal year 2019, 2020, 2021, or 2022, if the calculation 

under paragraph (3)(B) would result in a distribution 

for a fiscal year of less than $3,000,000 to an eligible 

institution that first received funds under this section 

on a date occurring after the date of enactment of 

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

Stat. 649) and before September 30, 2018, that institution shall receive an allocation of $3,000,000 for that 

fiscal year. 

‘‘(ii) LIMITATION.—Clause (i) shall apply only if 

amounts are appropriated under this section in an 

amount sufficient to provide that each other eligible 

institution receiving an allocation of funds under this 

section for fiscal year 2019, 2020, 2021, or 2022, as 

applicable, receives not less than the amount of funds 

received by that other eligible institution under this 

section for the preceding fiscal year. 

‘‘(C) SUBSEQUENT FISCAL YEARS.— 

‘‘(i) MINIMUM ADDITIONAL FUNDING AMOUNTS.— 

Subject to clauses (ii) and (iii), for each fiscal year 

following the covered fiscal year— 

‘‘(I) the qualified eligible institution shall 

receive an allocation under this subsection of at 

least $3,000,000; and 

‘‘(II) each other eligible institution shall 

receive an allocation under this subsection of at 

least the amount received by such other eligible 

institution under this subsection for the covered 

fiscal year. 

‘‘(ii) SHORTFALL OF SPECIAL AMOUNTS.— 

‘‘(I) APPLICABILITY.—This clause shall apply 

to any fiscal year following the covered fiscal year 

and for which the total amount appropriated under 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4787 

this section is insufficient to provide for the minimum additional funding amounts described in 

clause (i). 

‘‘(II) REDUCTIONS IN ALLOCATIONS.—In the 

case of a fiscal year to which this clause applies, 

reductions in allocations shall be made proportionally from the qualified eligible institution and from 

each other eligible institution based on the 

increased amounts (if any) that the qualified 

eligible institution and each other eligible institution were allocated for the covered fiscal year as 

compared to the fiscal year immediately preceding 

the covered fiscal year. 

‘‘(iii) EFFECT OF CENSUS.—Clauses (i) and (ii) shall 

not apply in any fiscal year for which a shortfall in 

the minimum additional funding amounts described 

in clause (i) is attributable to the incorporation of 

new census data into the calculation under paragraph 

(3), as determined by the Secretary.’’. 

(b) RESEARCH.—Section 1445(b) of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3222(b)) is amended— 

(1) in paragraph (2)— 

(A) by adding at the end the following: 

‘‘(D) SPECIAL AMOUNTS.— 

‘‘(i) DEFINITIONS.—In this subparagraph: 

‘‘(I) COVERED FISCAL YEAR.—The term ‘covered 

fiscal year’ means the fiscal year for which the 

qualified eligible institution first received an 

allocation of $3,000,000 under clause (ii)(I). 

‘‘(II) OTHER ELIGIBLE INSTITUTION.—The term 

‘other eligible institution’ means an eligible institution, other than the qualified eligible institution, 

receiving an allocation of funds under this section. 

‘‘(III) QUALIFIED ELIGIBLE INSTITUTION.—The 

term ‘qualified eligible institution’ means the 

eligible institution described in clause (ii)(I). 

‘‘(ii) FISCAL YEAR 2019, 2020, 2021, OR 2022.— 

‘‘(I) IN GENERAL.—Subject to subclause (II), 

for 1 of fiscal year 2019, 2020, 2021, or 2022, 

if the calculation under subparagraph (C) would 

result in a distribution for a fiscal year of less 

than $3,000,000 to an eligible institution that first 

received funds under this section on a date occurring after the date of enactment of the Agricultural 

Act of 2014 (Public Law 113–79; 128 Stat. 649) 

and before September 30, 2018, that institution 

shall receive an allocation of $3,000,000 for that 

fiscal year. 

‘‘(II) LIMITATION.—Subclause (I) shall apply 

only if amounts are appropriated under this section 

in an amount sufficient to provide that each other 

eligible institution receiving an allocation of funds 

under this section for fiscal year 2019, 2020, 2021, 

or 2022, as applicable, receives not less than the 

amount of funds received by that other eligible 


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132 STAT. 4788 PUBLIC LAW 115–334—DEC. 20, 2018 

institution under this section for the preceding 

fiscal year. 

‘‘(iii) SUBSEQUENT FISCAL YEARS.— 

‘‘(I) MINIMUM ADDITIONAL FUNDING

AMOUNTS.—Subject to subclauses (II) and (III), for 

each fiscal year following the covered fiscal year— 

‘‘(aa) the qualified eligible institution shall 

receive an allocation under this paragraph of 

at least $3,000,000; and 

‘‘(bb) each other eligible institution shall 

receive an allocation under this paragraph of 

at least the amount received by such other 

eligible institution under this subsection for 

the covered fiscal year. 

‘‘(II) SHORTFALL OF SPECIAL AMOUNTS.— 

‘‘(aa) APPLICABILITY.—This subclause shall 

apply to any fiscal year following the covered 

fiscal year and for which the total amount 

appropriated under this subsection is insufficient to provide for the minimum additional 

funding amounts described in subclause (I). 

‘‘(bb) REDUCTIONS IN ALLOCATIONS.—In 

the case of a fiscal year to which this subclause 

applies, reductions in allocations shall be made 

proportionally from the qualified eligible 

institution and from each other eligible institution based on the increased amounts (if any) 

that the qualified eligible institution and each 

other eligible institution were allocated for the 

covered fiscal year as compared to the fiscal 

year immediately preceding the covered fiscal 

year. 

‘‘(III) EFFECT OF CENSUS.—Subclauses (I) and 

(II) shall not apply in any fiscal year for which 

a shortfall in the minimum additional funding 

amounts described in subclause (I) is attributable 

to the incorporation of new census data into the 

calculation under paragraph (3)(C), as determined 

by the Secretary.’’; 

(B) in subparagraph (B), by striking ‘‘(B) Of funds’’ 

and inserting the following: 

‘‘(C) ADDITIONAL AMOUNT.—Except as provided in 

subparagraph (D), of funds’’; 

(C) in subparagraph (A)— 

(i) by striking ‘‘are allocated’’ and inserting ‘‘were 

allocated’’; 

(ii) by inserting ‘‘, as so designated as of that 

date’’ before the period at the end; and 

(iii) by striking ‘‘(A) Funds’’ and inserting the following: 

‘‘(B) BASE AMOUNT.—Funds’’; and 

(D) in the matter preceding subparagraph (B) (as so 

designated), by striking ‘‘(2) The’’ and all that follows 

through ‘‘follows:’’ and inserting the following: 

‘‘(3) DISTRIBUTIONS.— 


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‘‘(A) IN GENERAL.—After allocating amounts under 

paragraph (2), the remainder shall be allotted among the 

eligible institutions in accordance with this paragraph.’’; 

(2) in paragraph (1), by striking ‘‘(1) Three per centum’’ 

and inserting the following: 

‘‘(2) ADMINISTRATION.—3 percent’’; and 

(3) in the matter preceding paragraph (2) (as so designated), 

by striking ‘‘(b) Beginning’’ and all that follows through ‘‘follows:’’ and inserting the following: 

‘‘(b) DISTRIBUTION OF FUNDS.— ‘‘(1) IN GENERAL.—Funds made available under this section 

shall be distributed among eligible institutions in accordance 

with this subsection.’’. 

SEC. 7116. REPORTS ON DISBURSEMENT OF FUNDS FOR AGRICULTURAL RESEARCH AND EXTENSION AT 1862 AND 1890 

LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY. 

Not later than September 30, 2019, and each year thereafter, 

the Secretary shall annually submit to Congress a report describing 

the allocations made to, and matching funds received by, 1890 

Institutions and 1862 Institutions (as those terms are defined in 

section 2 of the Agricultural Research, Extension, and Education 

Reform Act of 1998 (7 U.S.C. 7601) for each of the agricultural 

research, extension, education, and related programs established 

under— 

(1) section 1444 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221); 

(2) section 1445 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222); 

(3) subsections (b) and (c) of section 3 of the Smith-Lever 

Act (7 U.S.C. 343); and 

(4) the Hatch Act of 1887 (7 U.S.C. 361a et seq.). 

SEC. 7117. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS. 

Subtitle G of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 is amended by inserting after 

section 1445 (7 U.S.C. 3222) the following new section: 

‘‘SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS. 

‘‘(a) IN GENERAL.— 

‘‘(1) SCHOLARSHIP GRANT PROGRAM ESTABLISHED.—The Secretary shall make grants to each college or university eligible 

to receive funds under the Act of August 30, 1890 (commonly 

known as the Second Morrill Act; 7 U.S.C. 322 et seq.), 

including Tuskegee University, for purposes of awarding scholarships to individuals who— 

‘‘(A) have been accepted for admission at such college 

or university; 

‘‘(B) will be enrolled at such college or university not 

later than one year after the date of such acceptance; 

and 

‘‘(C) intend to pursue a career in the food and agricultural sciences, including a career in— 

‘‘(i) agribusiness; 

‘‘(ii) energy and renewable fuels; or 

‘‘(iii) financial management. 

7 USC 3222a. 

7 USC 2207d. 


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‘‘(2) CONDITION.—The Secretary may only award a grant 

under this subsection to a college or university described in 

paragraph (1) if the Secretary determines that such college 

or university has established a competitive scholarship awards 

process for the award of scholarships to individuals described 

in such paragraph. 

‘‘(3) ANNUAL LIMITATION.—Of the funds made available 

under subsection (b)(1), the Secretary may use not more than 

$10,000,000 to award grants under this subsection for the academic year beginning on July 1, 2020, and each of the three 

succeeding academic years. 

‘‘(4) AMOUNT OF GRANT.—Each grant made under this sec- tion shall be in an amount of not less than $500,000. 

‘‘(b) FUNDING.— ‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary shall make available to carry 

out this section $40,000,000 not later than October 1, 2019, 

to remain available until expended. 

‘‘(2) DISCRETIONARY FUNDING.—In addition to amounts 

made available under paragraph (1), there is authorized to 

be appropriated to carry out this section $10,000,000 for each 

of fiscal years 2020 through 2023. 

‘‘(3) ADMINISTRATIVE EXPENSES.—Of the funds made available under paragraphs (1) and (2) to carry out this section 

for a fiscal year, not more than 4 percent may be used for 

expenses related to administering the program under this section. 

‘‘(c) REPORT.—Beginning on the date that is two years after 

the date on which the first grant is awarded under subsection 

(a), and every two years thereafter, the Secretary shall submit 

to the Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the 

Senate a report detailing— 

‘‘(1) the amount of funds provided to each eligible college 

or university under this section; 

‘‘(2) the number of scholarships awarded under each grant 

each fiscal year; and 

‘‘(3) the amount of each such scholarship.’’. 

SEC. 7118. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES 

FACILITIES AT 1890 LAND-GRANT COLLEGES, INCLUDING 

TUSKEGEE UNIVERSITY. 

Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended 

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

SEC. 7119. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES 

FACILITIES AND EQUIPMENT AT INSULAR AREA LANDGRANT INSTITUTIONS. 

Section 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(d)) is 

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

SEC. 7120. NEW BEGINNING FOR TRIBAL STUDENTS. 

Subtitle G of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3221 et seq.) is amended 

by adding at the end the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4791 

‘‘SEC. 1450. NEW BEGINNING FOR TRIBAL STUDENTS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 

given such term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304)). 

‘‘(2) LAND-GRANT COLLEGE OR UNIVERSITY.—The term ‘landgrant college or university’ includes a 1994 Institution (as 

defined in section 532 of the Equity in Educational LandGrant Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301 

note)). 

‘‘(3) TRIBAL STUDENT.—The term ‘Tribal student’ means 

a student at a land-grant college or university that is a member 

of an Indian tribe. 

‘‘(b) NEW BEGINNING INITIATIVE.— 

‘‘(1) AUTHORIZATION.—The Secretary may make competitive 

grants to land-grant colleges and universities to provide identifiable support specifically targeted for Tribal students. 

‘‘(2) APPLICATION.—A land-grant college or university that 

desires to receive a grant under this section shall submit an 

application to the Secretary at such time, in such manner, 

and accompanied by such information as the Secretary may 

require. 

‘‘(3) USE OF FUNDS.—A land-grant college or university 

that receives a grant under this section shall use the grant 

funds to support Tribal students through— 

‘‘(A) recruiting; 

‘‘(B) tuition and related fees; 

‘‘(C) experiential learning; and 

‘‘(D) student services, including— 

‘‘(i) tutoring; 

‘‘(ii) counseling; 

‘‘(iii) academic advising; and 

‘‘(iv) other student services that would increase 

the retention and graduation rate of Tribal students 

enrolled at the land-grant college or university, as 

determined by the Secretary. 

‘‘(4) MATCHING FUNDS.—A land-grant college or university 

that receives a grant under this section shall provide matching 

funds toward the cost of carrying out the activities described 

in this section in an amount equal to not less than 100 percent 

of the grant award. 

‘‘(5) MAXIMUM AMOUNT PER STATE.—No State shall receive, 

through grants made under this section to land-grant colleges 

and universities located in the State, more than $500,000 per 

year. 

‘‘(c) REPORT.—Not later than 3 years after the date of enactment 

of this section, the Secretary shall submit to the Committee on 

Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry and the Committee on 

Indian Affairs of the Senate a report that includes an itemized 

list of grant funds distributed under this section, including the 

specific form of assistance provided under subsection (b)(3), and 

the number of Tribal students assisted and the graduation rate 

of Tribal students at land-grant colleges and universities receiving 

grants under this section. 

7 USC 3222e. 


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132 STAT. 4792 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(d) AUTHORIZATION OF APPROPRIATION.—There is authorized 

to be appropriated to carry out this section $5,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 7121. HISPANIC-SERVING INSTITUTIONS. 

Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended 

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

SEC. 7122. BINATIONAL AGRICULTURAL RESEARCH AND DEVELOPMENT. 

Section 1458(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291(e)) is 

amended— 

(1) in the subsection heading, by striking ‘‘FULL PAYMENT

OF FUNDS MADE AVAILABLE FOR CERTAIN’’ and inserting ‘‘CER- TAIN’’ ; 

(2) by striking ‘‘Notwithstanding’’ and inserting the following: 

‘‘(1) FULL PAYMENT OF FUNDS.—Notwithstanding’’; 

(3) in paragraph (1) (as so designated)— 

(A) by striking ‘‘Israel-United States’’ and inserting 

‘‘United States-Israel’’; and 

(B) by inserting ‘‘(referred to in this subsection as 

the ‘BARD Fund’)’’ after ‘‘Development Fund’’; and 

(4) by adding at the end the following: 

‘‘(2) ACTIVITIES.—Activities under the BARD Fund to promote and support agricultural research and development that 

are of mutual benefit to the United States and Israel shall— 

‘‘(A) accelerate the demonstration, development, and 

application of agricultural solutions resulting from or 

relating to BARD Fund programs, including BARD Fundsponsored research and innovations in drip irrigation, pesticides, aquaculture, livestock, poultry, disease control, and 

farm equipment; and 

‘‘(B) encourage research carried out by governmental, 

nongovernmental, and private entities, including through 

collaboration with colleges and universities, research 

institutions, and the private sector.’’. 

SEC. 7123. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL 

AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING. 

The National Agricultural Research, Extension, and Teaching 

Policy Act of 1977 is amended by inserting after section 1458 

(7 U.S.C. 3291) the following: 

‘‘SEC. 1458A. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL 

AGRICULTURAL RESEARCH, EXTENSION, AND 

TEACHING. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) 1862 INSTITUTION; 1890 INSTITUTION; 1994 INSTITUTION.—The terms ‘1862 Institution’, ‘1890 Institution’, and ‘1994 

Institution’ have the meanings given the terms in section 2 

of the Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7601). 

‘‘(2) COVERED INSTITUTION.—The term ‘covered Institution’ 

means— 

‘‘(A) an 1862 Institution; 

7 USC 3292. 


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‘‘(B) an 1890 Institution; 

‘‘(C) a 1994 Institution; 

‘‘(D) an NLGCA Institution; 

‘‘(E) a Hispanic-serving agricultural college or university; and 

‘‘(F) a cooperating forestry school. 

‘‘(3) DEVELOPING COUNTRY.—The term ‘developing country’ 

means a country, as determined by the Secretary using a gross 

national income per capita test selected by the Secretary. 

‘‘(4) INTERNATIONAL PARTNER INSTITUTION.—The term 

‘international partner institution’ means an agricultural higher 

education institution in a developing country that is performing, 

or desiring to perform, activities similar to agricultural 

research, extension, and teaching activities carried out through 

covered Institutions in the United States. 

‘‘(b) AUTHORITY OF THE SECRETARY.—The Secretary may promote cooperation and coordination between covered Institutions 

and international partner institutions through— 

‘‘(1) improving extension by— 

‘‘(A) encouraging the exchange of research materials 

and results between covered Institutions and international 

partner institutions; 

‘‘(B) facilitating the broad dissemination of agricultural 

research through extension; and 

‘‘(C) assisting with efforts to plan and initiate extension 

services in developing countries; 

‘‘(2) improving agricultural research by— 

‘‘(A) in partnership with international partner institutions, encouraging research that addresses problems 

affecting food production and security, human nutrition, 

agriculture, forestry, livestock, and fisheries, including local 

challenges; and 

‘‘(B) supporting and strengthening national agricultural research systems in developing countries; 

‘‘(3) supporting the participation of covered Institutions 

in programs of international organizations, such as the United 

Nations, the World Bank, regional development banks, and 

international agricultural research centers; 

‘‘(4) improving agricultural teaching and education by— 

‘‘(A) in partnership with international partner institutions, supporting education and teaching relating to food 

and agricultural sciences, including technical assistance, 

degree training, research collaborations, classroom instruction, workforce training, and education programs; and 

‘‘(B) assisting with efforts to increase student capacity, 

including to encourage equitable access for women and 

other underserved populations, at international partner 

institutions by promoting partnerships with, and improving 

the capacity of, covered Institutions; 

‘‘(5) assisting covered Institutions in strengthening their 

capacity for food, agricultural, and related research, extension, 

and teaching programs relevant to agricultural development 

activities in developing countries to promote the application 

of new technology to improve education delivery; 

‘‘(6) providing support for the internationalization of resident instruction programs of covered Institutions; 


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‘‘(7) establishing a program, to be coordinated by the 

Director of the National Institute of Food and Agriculture and 

the Administrator of the Foreign Agricultural Service, to place 

interns from covered Institutions in, or in service to benefit, 

developing countries; and 

‘‘(8) establishing a program to provide fellowships to students at covered Institutions to study at foreign agricultural 

colleges and universities. 

‘‘(c) ENHANCING LINKAGES.—The Secretary shall enhance the 

linkages among covered Institutions, the Federal Government, 

international research centers, counterpart research, extension, and 

teaching agencies and institutions in developed countries and developing countries— 

‘‘(1) to carry out the activities described in subsection (b); 

and 

‘‘(2) to make a substantial contribution to the cause of 

improved food and agricultural progress throughout the world. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 7124. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE AND EDUCATION PROGRAMS. 

Section 1459A(c)(2) of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)(2)) 

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

SEC. 7125. LIMITATION ON INDIRECT COSTS FOR AGRICULTURAL 

RESEARCH, EDUCATION, AND EXTENSION PROGRAMS. 

Section 1462 of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended— 

(1) in subsection (a), by striking ‘‘22 percent’’ and inserting 

‘‘30 percent’’; 

(2) in subsection (b), by striking ‘‘Subsection (a)’’ and 

inserting ‘‘Subsections (a) and (c)’’; and 

(3) by adding at the end the following: 

‘‘(c) TREATMENT OF SUBGRANTS.—In the case of a grant 

described in subsection (a), the limitation on indirect costs specified 

in such subsection shall be applied to both the initial grant award 

and any subgrant of the Federal funds provided under the initial 

grant award so that the total of all indirect costs charged against 

the total of the Federal funds provided under the initial grant 

award does not exceed such limitation.’’. 

SEC. 7126. RESEARCH EQUIPMENT GRANTS. 

The National Agricultural Research, Extension, and Teaching 

Policy Act of 1977 is amended by inserting after section 1462 

(7 U.S.C. 3310) the following new section: 

‘‘SEC. 1462A. RESEARCH EQUIPMENT GRANTS. 

‘‘(a) IN GENERAL.—The Secretary may make competitive grants 

for the acquisition of special purpose scientific research equipment 

for use in the food and agricultural sciences programs of eligible 

institutions. 

‘‘(b) MAXIMUM AMOUNT.—The amount of a grant made to an 

eligible institution under this section may not exceed $500,000. 

7 USC 3310a. 


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‘‘(c) PROHIBITION ON CHARGE OR EQUIPMENT AS INDIRECT

COSTS.—The cost of acquisition or depreciation of equipment purchased with a grant under this section shall not be— 

‘‘(1) charged as an indirect cost against another Federal 

grant; or 

‘‘(2) included as part of the indirect cost pool for purposes 

of calculating the indirect cost rate of an eligible institution. 

‘‘(d) ELIGIBLE INSTITUTIONS DEFINED.—In this section, the term 

‘eligible institution’ means— 

‘‘(1) a college or university; or 

‘‘(2) a State cooperative institution. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $5,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 7127. UNIVERSITY RESEARCH. 

Section 1463 of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by 

striking ‘‘2018’’ each place it appears in subsections (a) and (b) 

and inserting ‘‘2023’’. 

SEC. 7128. EXTENSION SERVICE. 

Section 1464 of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by 

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

SEC. 7129. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP. 

Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘2018’’ and inserting ‘‘2023’’; and 

(B) by striking ‘‘crops,’’ and inserting ‘‘crops (including 

canola),’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘for agronomic rotational purposes 

and as a habitat for honey bees and other pollinators’’ 

after ‘‘alternative crops’’; and 

(B) by striking ‘‘commodities whose’’ and all that follows through the period at the end and inserting ‘‘commodities.’’; 

(3) in subsection (c)(3)(E), by inserting ‘‘(including hemp 

(as defined in section 297A of the Agricultural Marketing Act 

of 1946))’’ after ‘‘material’’; and 

(4) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(3) $2,000,000 for each of fiscal years 2019 through 2023.’’. 

SEC. 7130. NEW ERA RURAL TECHNOLOGY PROGRAM. 

Section 1473E of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3319e) is amended— 

(1) in subsection (b)(1)(B)— 

(A) in clause (ii), by striking ‘‘and’’ at the end; 

(B) in clause (iii), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 


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‘‘(iv) precision agriculture.’’; and 

(2) in subsection (d), by striking ‘‘2008 through 2012’’ and 

inserting ‘‘2019 through 2023’’. 

SEC. 7131. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS. 

Section 1473F(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended 

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

SEC. 7132. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT 

AUTHORITY PILOT. 

Subtitle K of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 1473H. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT AUTHORITY PILOT. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ADVANCED RESEARCH AND DEVELOPMENT.—The term 

‘advanced research and development’ means research and 

development activities used to address research challenges in 

agriculture and food through— 

‘‘(A) targeted acceleration of novel, early stage innovative agricultural research with promising technology 

applications and products; or 

‘‘(B) development of qualified products and projects, 

agricultural technologies, or innovative research tools, 

which may include— 

‘‘(i) prototype testing, preclinical development, or 

field experimental use; 

‘‘(ii) assessing and assisting with product approval, 

clearance, or need for a license under an applicable 

law, as determined by the Director; or 

‘‘(iii) manufacturing and commercialization of a 

product. 

‘‘(2) AGRICULTURAL TECHNOLOGY.—The term ‘agricultural 

technology’ means machinery and other equipment engineered 

for an applicable and novel use in agriculture, natural 

resources, and food relating to the research and development 

of qualified products and projects. 

‘‘(3) DIRECTOR.—The term ‘Director’ means the Director 

of the Agriculture Advanced Research and Development 

Authority established under subsection (b)(1). 

‘‘(4) OTHER TRANSACTION.—The term ‘other transaction’ 

means a transaction other than a procurement contract, grant, 

or cooperative agreement, including a transaction described 

in subsection (b)(6)(A). 

‘‘(5) PERSON.—The term ‘person’ means— 

‘‘(A) an individual; 

‘‘(B) a partnership; 

‘‘(C) a corporation; 

‘‘(D) an association; 

‘‘(E) an entity; 

‘‘(F) a public or private corporation; 

‘‘(G) a Federal, State, or local government agency or 

department; and 

7 USC 3319k. 


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‘‘(H) an institution of higher education, including a 

land-grant college or university and a non-land-grant college of agriculture. 

‘‘(6) QUALIFIED PRODUCT OR PROJECT.—The term ‘qualified 

product or project’ means— 

‘‘(A) engineering, mechanization, or technology 

improvements that will address challenges relating to 

growing, harvesting, handling, processing, storing, packing, 

and distribution of agricultural products; 

‘‘(B) plant disease or plant pest recovery countermeasures to intentional or unintentional biological threats 

(including naturally occurring threats), including— 

‘‘(i) replacement or resistant plant cultivars or varieties; 

‘‘(ii) other enhanced management strategies, 

including novel chemical, biological, or cultural 

approaches; or 

‘‘(iii) diagnostic or surveillance technology; and 

‘‘(C) veterinary countermeasures to intentional or 

unintentional biological threats (including naturally occurring threats), including— 

‘‘(i) animal vaccine or therapeutic products 

(including anti-infective products); or 

‘‘(ii) diagnostic or surveillance technology. 

‘‘(7) RESEARCH TOOL.—The term ‘research tool’ means a 

device, technology, procedure, biological material, reagent, computer system, computer software, or analytical technique that 

is developed to assist in the discovery, development, or manufacture of a qualified product or project. 

‘‘(b) AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT

AUTHORITY.— 

‘‘(1) ESTABLISHMENT.—There is established within the 

Department of Agriculture a pilot program that shall be known 

as the Agriculture Advanced Research and Development 

Authority (referred to in this section as the ‘AGARDA’) to 

carry out advanced research and development. 

‘‘(2) GOALS.—The goals of the AGARDA are— 

‘‘(A) to develop and deploy advanced solutions to prevent, prepare, and protect against unintentional and intentional threats to agriculture and food in the United States; 

‘‘(B) to overcome barriers in the development of agricultural technologies, research tools, and qualified products 

and projects that enhance export competitiveness, environmental sustainability, and resilience to extreme weather; 

‘‘(C) to ensure that the United States maintains and 

enhances its position as a leader in developing and 

deploying agricultural technologies, research tools, and 

qualified projects and products that increase economic 

opportunities and security for farmers, ranchers, and rural 

communities; and 

‘‘(D) to undertake advanced research and development 

in areas in which industry by itself is not likely to do 

so because of the technological or financial uncertainty. 

‘‘(3) LEADERSHIP.— 

‘‘(A) IN GENERAL.—The AGARDA shall be a component 

of the Office of the Chief Scientist. 

‘‘(B) DIRECTOR.— 


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‘‘(i) IN GENERAL.—The AGARDA shall be headed 

by a Director, who shall be appointed by the Chief 

Scientist. 

‘‘(ii) QUALIFICATIONS.—The Director shall be an 

individual who, by reason of professional background 

and experience, is exceptionally qualified to advise the 

Chief Scientist on, and manage advanced research and 

development programs and other matters pertaining 

to— 

‘‘(I) qualified products and projects; 

‘‘(II) agricultural technologies; 

‘‘(III) research tools; and 

‘‘(IV) challenges relating to the matters 

described in subclauses (I) through (III). 

‘‘(iii) RELATIONSHIP WITHIN THE DEPARTMENT OF

AGRICULTURE.—The Director shall report to the Chief 

Scientist. 

‘‘(4) DUTIES.—To achieve the goals described in paragraph 

(2), the Secretary, acting through the Director, shall accelerate 

advanced research and development by— 

‘‘(A) identifying and promoting advances in basic 

sciences; 

‘‘(B) translating scientific discoveries and inventions 

into technological innovations; 

‘‘(C) collaborating with other agencies, relevant industries, academia, international agencies, the Foundation for 

Food and Agriculture Research, and other relevant persons 

to carry out the goals described in paragraph (2), including 

convening, at a minimum, annual meetings or working 

groups to demonstrate the operation and effectiveness of 

advanced research and development of qualified products 

and projects, agricultural technologies, and research tools; 

‘‘(D) conducting ongoing searches for, and support calls 

for, potential advanced research and development of agricultural technologies, qualified products and projects, and 

research tools; 

‘‘(E) awarding grants and entering into contracts, 

cooperative agreements, or other transactions under paragraph (6) for advanced research and development of agricultural technology, qualified products and projects, and 

research tools; 

‘‘(F) establishing issue-based multidisciplinary teams 

to reduce the time and cost of solving specific problems 

that— 

‘‘(i) are composed of representatives from Federal 

and State agencies, professional groups, academia, and 

industry; 

‘‘(ii) seek novel and effective solutions; and 

‘‘(iii) encourage data sharing and translation of 

research to field use; and 

‘‘(G) serving as a resource for interested persons 

regarding requirements under relevant laws that impact 

the development, commercialization, and technology 

transfer of qualified products and projects, agricultural 

technologies, and research tools. 

‘‘(5) PRIORITY.—In awarding grants and entering into contracts, cooperative agreements, or other transactions under 


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paragraph (4)(E), the Secretary shall give priority to projects 

that accelerate the advanced research and development of qualified products and projects that— 

‘‘(A) address critical research and development needs 

for technology for specialty crops; or 

‘‘(B) prevent, protect, and prepare against intentional 

and unintentional threats to agriculture and food. 

‘‘(6) OTHER TRANSACTION AUTHORITIES.— ‘‘(A) IN GENERAL.—In carrying out the pilot program 

under this section, the Secretary shall have the authority 

to enter into other transactions in the same manner and 

subject to the same terms and conditions as transactions 

that the Secretary of Defense may enter into under section 

2371 of title 10, United States Code. 

‘‘(B) SCOPE.—The authority of the Secretary to enter 

into contracts, cooperative agreements, and other transactions under this subsection shall be in addition to the 

authorities under this Act and title I of the Department 

of Agriculture and Related Agencies Appropriation Act, 

1964 (7 U.S.C. 3318a), to use contracts, cooperative agreements, and grants in carrying out the pilot program under 

this section. 

‘‘(C) GUIDELINES.—The Secretary shall establish guidelines regarding the use of the authority under subparagraph (A). 

‘‘(D) TECHNOLOGY TRANSFER.—In entering into other 

transactions, the Secretary may negotiate terms for technology transfer in the same manner as a Federal laboratory 

under paragraphs (1) through (4) of section 12(b) of the 

Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3710a(b)). 

‘‘(7) AVAILABILITY OF DATA.— 

‘‘(A) IN GENERAL.—The Secretary shall require that, 

as a condition of being awarded a contract or grant or 

entering into a cooperative agreement or other transaction 

under paragraph (4)(E), a person shall make available to 

the Secretary on an ongoing basis, and submit to the Secretary on request of the Secretary, all data relating to 

or resulting from the activities carried out by the person 

pursuant to this section. 

‘‘(B) EXEMPTION FROM DISCLOSURE.— 

‘‘(i) IN GENERAL.—This subparagraph shall be 

considered a statute described in section 552(b)(3)(B) 

of title 5, United States Code. 

‘‘(ii) EXEMPTION.—The following information shall 

be exempt from disclosure under section 552 of title 

5, United States Code, and withheld from the public: 

‘‘(I) Specific technical data or scientific 

information that is created or obtained under this 

section that reveals significant and not otherwise 

publicly known vulnerabilities of existing agriculture and food defenses against biological, chemical, nuclear, or radiological threats. 

‘‘(II) Trade secrets or commercial or financial 

information that is privileged or confidential 

(within the meaning of section 552(b)(4) of title 

5, United States Code) and obtained in the conduct 


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of research or as a result of activities under this 

section from a non-Federal party participating in 

a contract, grant, cooperative agreement, or other 

transaction under this section. 

‘‘(iii) LIMITATION.—Information that results from 

research and development activities conducted under 

this section and that would be a trade secret or 

commercial or financial information that is privileged 

or confidential if the information had been obtained 

from a non-Federal party participating in a cooperative 

agreement or other transaction shall be withheld from 

disclosure under subchapter II of chapter 5 of title 

5, United States Code, for 5 years. 

‘‘(8) MILESTONE-BASED PAYMENTS ALLOWED.—In awarding 

contracts and grants and entering into cooperative agreements 

or other transactions under paragraph (4)(E), the Secretary 

may— 

‘‘(A) use milestone-based awards and payments; and 

‘‘(B) terminate a project for not meeting technical milestones. 

‘‘(9) USE OF EXISTING PERSONNEL AUTHORITIES.—In carrying 

out this subsection, the Secretary may appoint highly qualified 

individuals to scientific or professional positions on the same 

terms and conditions as provided in subsections (b)(3), (b)(4), 

(c), (d), (e), and (f) of section 620 of the Agricultural Research, 

Extension, and Education Reform Act of 1998 (7 U.S.C. 7657). 

‘‘(10) REPORT AND EVALUATION.— 

‘‘(A) REPORT.—The Secretary shall submit to the Committee on Agriculture of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry of 

the Senate an annual report examining the actions undertaken and results generated by the AGARDA. 

‘‘(B) EVALUATION.—After the date on which the 

AGARDA has been in operation for 3 years, the Comptroller 

General of the United States shall conduct an evaluation— 

‘‘(i) to be completed and submitted to the Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than 1 year after the 

date on which the Comptroller General began conducting the evaluation; 

‘‘(ii) describing the extent to which the AGARDA 

is achieving the goals described in paragraph (2); and 

‘‘(iii) including a recommendation on whether the 

AGARDA should be continued, terminated, or 

expanded. 

‘‘(c) STRATEGIC PLAN.— 

‘‘(1) IN GENERAL.—Not later than 360 days after the date 

of enactment of this section, the Secretary shall develop and 

make publicly available a strategic plan describing the strategic 

vision that the AGARDA shall use— 

‘‘(A) to make determinations for future investments 

during the period of effectiveness of this section; and 

‘‘(B) to achieve the goals described in subsection (b)(2). 

‘‘(2) DISSEMINATION.—The Secretary shall disseminate the 

information contained in the strategic plan under paragraph 


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(1) to persons who may have the capacity to substantially 

contribute to the activities described in that strategic plan. 

‘‘(3) COORDINATION; CONSULTATION.—The Secretary shall— 

‘‘(A) update and coordinate the strategic coordination 

plan under section 221(d)(7) of the Department of Agriculture Reorganization Act of 1994 with the strategic plan 

developed under paragraph (1) for activities relating to 

agriculture and food defense countermeasure development 

and procurement; and 

‘‘(B) in developing the strategic plan under paragraph 

(1), consult with— 

‘‘(i) the National Agricultural Research, Extension, 

Education, and Economics Advisory Board established 

under section 1408(a); 

‘‘(ii) the specialty crops committee established 

under section 1408A(a)(1); 

‘‘(iii) relevant agriculture research agencies of the 

Federal Government; 

‘‘(iv) the National Academies of Sciences, 

Engineering, and Medicine; 

‘‘(v) the National Veterinary Stockpile IntraGovernment Advisory Committee for Strategic 

Steering; and 

‘‘(vi) other appropriate parties, as determined by 

the Secretary. 

‘‘(d) FUNDS.— 

‘‘(1) ESTABLISHMENT.—There is established in the Treasury 

the Agriculture Advanced Research and Development Fund, 

which shall be administered by the Secretary, acting through 

the Director— 

‘‘(A) for the purpose of carrying out this section; and 

‘‘(B) in the same manner and subject to the same 

terms and conditions as are applicable to the Secretary 

of Defense under section 2371 of title 10, United States 

Code. 

‘‘(2) DEPOSITS INTO FUND.— 

‘‘(A) IN GENERAL.—The Secretary, acting through the 

Director, may accept and deposit into the Fund monies 

received pursuant to cost recovery, contribution, or royalty 

payments under a contract, grant, cooperative agreement, 

or other transaction under this section. 

‘‘(B) AVAILABILITY OF AMOUNTS IN FUND.—Amounts 

deposited into the fund shall remain available until 

expended, without further appropriation, and may be used 

to carry out the purposes of this section. 

‘‘(C) CLARIFICATION.—Nothing in this paragraph 

authorizes the use of the funds of the Commodity Credit 

Corporation to carry out this section. 

‘‘(3) FUNDING.—In addition to funds otherwise deposited 

in the Fund under paragraph (1) or (2), there is authorized 

to be appropriated to the Fund $50,000,000 for each of fiscal 

years 2019 through 2023, to remain available until expended. 

‘‘(e) TERMINATION OF EFFECTIVENESS.— 

‘‘(1) IN GENERAL.—Except as provided under paragraph 

(2), the authority provided by this section terminates on the 

date that is 5 years after the date of the enactment of the 

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‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply with 

respect to— 

‘‘(A) subsection (b)(7)(B); and 

‘‘(B) grants awarded or contracts, cooperative agreements, or other transactions entered into before the end 

of the 5-year period referred to in such clause.’’. 

SEC. 7133. AQUACULTURE ASSISTANCE PROGRAMS. 

Section 1477(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3324(a)(2)) is 

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

SEC. 7134. RANGELAND RESEARCH PROGRAMS. 

Section 1483(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) is 

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

SEC. 7135. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING 

AND RESPONSE. 

Section 1484 of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(3) $30,000,000 for each of fiscal years 2019 through 

2023.’’; and 

(2) in subsection (b)— 

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

‘‘and cooperative agreements’’ after ‘‘competitive grants’’; 

(B) in paragraph (3), by striking ‘‘make competitive 

grants’’ and inserting ‘‘award competitive grants and 

cooperative agreements’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(5) To coordinate the tactical science activities of the 

Research, Education, and Economics mission area of the 

Department that protect the integrity, reliability, sustainability, 

and profitability of the food and agricultural system of the 

United States against biosecurity threats from pests, diseases, 

contaminants, and disasters.’’. 

SEC. 7136. DISTANCE EDUCATION AND RESIDENT INSTRUCTION 

GRANTS PROGRAM FOR INSULAR AREA INSTITUTIONS OF 

HIGHER EDUCATION. 

(a) DISTANCE EDUCATION GRANTS FOR INSULAR AREAS.—Section 

1490(f)(2) of the National Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amended by 

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

(b) RESIDENT INSTRUCTION GRANTS FOR INSULAR AREAS.—Section 1491(c)(2) of the National Agricultural Research, Extension, 

and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended 

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


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Subtitle B—Food, Agriculture, 

Conservation, and Trade Act of 1990 

SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS. 

Section 1624 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 5814) is amended in the first sentence by 

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

SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS. 

Section 1627(d) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5821(d)) is amended by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT 

AND TRANSFER PROGRAM. 

Section 1628(f)(2) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking 

‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 7204. NATIONAL TRAINING PROGRAM. 

Section 1629(i) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5832(i)) is amended by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 7205. NATIONAL STRATEGIC GERMPLASM AND CULTIVAR 

COLLECTION ASSESSMENT AND UTILIZATION PLAN. 

(a) IN GENERAL.—Section 1632(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amended— 

(1) in paragraph (5), by striking ‘‘and’’ at the end; 

(2) by redesignating paragraph (6) as paragraph (7); and 

(3) by inserting after paragraph (5) the following: 

‘‘(6) develop and implement a national strategic germplasm 

and cultivar collection assessment and utilization plan that 

takes into consideration the resources and research necessary 

to address the significant backlog of characterization and 

maintenance of existing accessions considered to be critical 

to preserve the viability of, and public access to, germplasm 

and cultivars; and’’. 

(b) PLAN PUBLICATION.—Section 1633 of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (7 U.S.C. 5842) is amended 

by adding at the end the following: 

‘‘(f) PLAN PUBLICATION.—On completion of the development of 

the plan described in section 1632(d)(6), the Secretary shall make 

the plan available to the public.’’. 

SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM. 

(a) ADVISORY COUNCIL.—Section 1634 of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended— 

(1) in subsection (a)— 

(A) in the first sentence, by striking ‘‘The Secretary’’ 

and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; 

(B) in the second sentence of paragraph (1) (as so 

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

following: 

‘‘(2) MEMBERSHIP.—The advisory’’; 


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132 STAT. 4804 PUBLIC LAW 115–334—DEC. 20, 2018 

(C) in paragraph (2) (as so designated), by striking 

‘‘nine’’ and inserting ‘‘13’’; and 

(D) by adding at the end the following: 

‘‘(3) RECOMMENDATIONS.— 

‘‘(A) IN GENERAL.—In making recommendations under 

paragraph (1), the advisory council shall include recommendations on— 

‘‘(i) the state of public cultivar development, 

including— 

‘‘(I) an analysis of existing cultivar research 

investments; 

‘‘(II) the research gaps relating to the development of cultivars across a diverse range of crops; 

and 

‘‘(III) an assessment of the state of commercialization of federally funded cultivars; 

‘‘(ii) the training and resources needed to meet 

future breeding challenges; 

‘‘(iii) the appropriate levels of Federal funding for 

cultivar development for underserved crops and 

geographic areas; and 

‘‘(iv) the development of the plan described in section 1632(d)(6).’’; and 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘Two-thirds’’ and inserting ‘‘6’’; and 

(ii) by inserting ‘‘economics and policy,’’ after ‘‘agricultural sciences,’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘One-third’’ and inserting ‘‘3’’; and 

(ii) by inserting ‘‘community development,’’ after 

‘‘public policy,’’; and 

(C) by adding at the end the following: 

‘‘(3) 4 of the members shall be appointed from among 

individuals with expertise in public cultivar and animal breed 

development. 

‘‘(4) 4 of the members shall be appointed from among 

individuals representing— 

‘‘(A) 1862 Institutions (as defined in section 2 of the 

Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7601)); 

‘‘(B) 1890 Institutions (as defined in section 2 of the 

Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7601)); 

‘‘(C) Hispanic-serving institutions (as defined in section 

1404 of the National Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 3103)); or 

‘‘(D) 1994 Institutions (as defined in section 532 of 

the Equity in Educational Land-Grant Status Act of 1994 

(7 U.S.C. 301 note; Public Law 103–382)).’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1635(b)(2) of 

the Food, Agriculture, Conservation, and Trade Act of 1990 (7 

U.S.C. 5844(b)(2)) is amended by striking ‘‘2018’’ and inserting 

‘‘2023’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4805 

SEC. 7207. NATIONAL AGRICULTURAL WEATHER INFORMATION 

SYSTEM. 

Section 1641(c) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5855(c)) is amended by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 7208. AGRICULTURAL GENOME TO PHENOME INITIATIVE. 

Section 1671 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 5924) is amended— 

(1) in the section heading, by inserting ‘‘TO PHENOME’’ 

after ‘‘GENOME’’; 

(2) by striking subsection (a) and inserting the following: 

‘‘(a) GOALS.—The goals of this section are— 

‘‘(1) to expand knowledge concerning genomes and 

phenomes of crops and animals of importance to the agriculture 

sector of the United States; 

‘‘(2) to understand how variable weather, environments, 

and production systems impact the growth and productivity 

of specific varieties of crops and species of animals in order 

to provide greater accuracy in predicting crop and animal 

performance under variable conditions; 

‘‘(3) to support research that leverages plant and animal 

genomic information with phenotypic and environmental data 

through an interdisciplinary framework, leading to a novel 

understanding of plant and animal processes that affect growth, 

productivity, and the ability to predict performance, which will 

result in the deployment of superior varieties and species to 

producers and improved crop and animal management recommendations for farmers and ranchers; 

‘‘(4) to catalyze and coordinate research that links genomics 

and predictive phenomics at different sites across the United 

States to achieve advances in crops and animals that generate 

societal benefits; 

‘‘(5) to combine fields such as genetics, genomics, plant 

physiology, agronomy, climatology, and crop modeling with computation and informatics, statistics, and engineering; 

‘‘(6) to combine fields such as genetics, genomics, animal 

physiology, meat science, animal nutrition, and veterinary 

science with computation and informatics, statistics, and 

engineering; 

‘‘(7) to focus on crops and animals that will yield scientifically important results that will enhance the usefulness of 

many other crops and animals; 

‘‘(8) to build on genomic research, such as the Plant Genome 

Research Project and the National Animal Genome Research 

Program, to understand gene function in production environments that is expected to have considerable returns for crops 

and animals of importance to the agriculture of the United 

States; 

‘‘(9) to develop improved data analytics to enhance understanding of the biological function of genes; 

‘‘(10) to allow resources developed under this section, 

including data, software, germplasm, and other biological materials, to be openly accessible to all persons, subject to any 

confidentiality requirements imposed by law; and 

‘‘(11) to encourage international partnerships with each 

partner country responsible for financing its own research.’’; 


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132 STAT. 4806 PUBLIC LAW 115–334—DEC. 20, 2018 

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

‘‘(b) DUTIES OF SECRETARY.—The Secretary of Agriculture 

(referred to in this section as the ‘Secretary’) shall conduct a 

research initiative, to be known as the ‘Agricultural Genome to 

Phenome Initiative’, for the purpose of— 

‘‘(1) studying agriculturally significant crops and animals 

in production environments to achieve sustainable and secure 

agricultural production; 

‘‘(2) ensuring that current gaps in existing knowledge of 

agricultural crop and animal genetics and phenomics are filled; 

‘‘(3) identifying and developing a functional understanding 

of relevant genes from animals and agronomically relevant 

genes from crops that are of importance to the agriculture 

sector of the United States; 

‘‘(4) ensuring future genetic improvement of crops and animals of importance to the agriculture sector of the United 

States; 

‘‘(5) studying the relevance of diverse germplasm as a 

source of unique genes that may be of importance in the future; 

‘‘(6) enhancing genetics to reduce the economic impact of 

pathogens on crops and animals of importance to the agriculture 

sector of the United States; 

‘‘(7) disseminating findings to relevant audiences; and 

‘‘(8) otherwise carrying out this section.’’; 

(4) in subsection (c)(1), by inserting ‘‘, acting through the 

National Institute of Food and Agriculture,’’ after ‘‘The Secretary’’; 

(5) in subsection (e), by inserting ‘‘to Phenome’’ after 

‘‘Genome’’; and 

(6) by adding at the end the following: 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $40,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES. 

Section 1672 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 5925) is amended— 

(1) in subsection (d)— 

(A) in paragraph (8)— 

(i) in the heading, by striking ‘‘ALFALFA AND FORAGE’’ and inserting ‘‘ALFALFA SEED AND ALFALFA FORAGE SYSTEMS’’; 

(ii) by striking ‘‘alfalfa and forage’’ and inserting 

‘‘alfalfa seed and alfalfa forage systems’’; and 

(iii) by striking ‘‘alfalfa and other forages, and’’ 

and inserting ‘‘alfalfa seed and other alfalfa forage’’; 

and 

(B) by adding at the end the following new paragraphs: 

‘‘(11) MACADAMIA TREE HEALTH INITIATIVE.—Research and 

extension grants may be made under this section for the purposes of— 

‘‘(A) developing and disseminating science-based tools 

and treatments to combat the macadamia felted coccid 

(Eriococcus ironsidei); and 

‘‘(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of 

being affected by, the macadamia felted coccid. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4807 

‘‘(12) NATIONAL TURFGRASS RESEARCH INITIATIVE.— 

Research and extension grants may be made under this section 

for the purposes of— 

‘‘(A) carrying out or enhancing research related to 

turfgrass and sod issues; 

‘‘(B) enhancing production and uses of turfgrass for 

the general public; 

‘‘(C) identifying new turfgrass varieties with superior 

drought, heat, cold, and pest tolerance to reduce water, 

fertilizer, and pesticide use; 

‘‘(D) selecting genetically superior turfgrasses and 

developing improved technologies for managing commercial, residential, and recreational turfgrass areas; 

‘‘(E) producing turfgrasses that— 

‘‘(i) aid in mitigating soil erosion; 

‘‘(ii) protect against pollutant runoff into waterways; or 

‘‘(iii) provide other environmental benefits; 

‘‘(F) investigating, preserving, and protecting native 

plant species, including grasses not currently utilized in 

turfgrass systems; 

‘‘(G) creating systems for more economical and viable 

turfgrass seed and sod production throughout the United 

States; and 

‘‘(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and 

mitigate pests. 

‘‘(13) FERTILIZER MANAGEMENT INITIATIVE.— 

‘‘(A) IN GENERAL.—Research and extension grants may 

be made under this section for the purpose of carrying 

out research to improve fertilizer use efficiency in crops— 

‘‘(i) to maximize crop yield; and 

‘‘(ii) to minimize nutrient losses to surface and 

groundwater and the atmosphere. 

‘‘(B) PRIORITY.—In awarding grants under subparagraph (A), the Secretary shall give priority to research 

examining the impact of the source, rate, timing, and placement of plant nutrients. 

‘‘(14) CATTLE FEVER TICK PROGRAM.—Research and extension grants may be made under this section to study cattle 

fever ticks— 

‘‘(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks; 

‘‘(B) to develop advanced methods for eradication of 

cattle fever ticks, including— 

‘‘(i) alternative treatment methods for cattle and 

other susceptible species; 

‘‘(ii) field treatment for premises, including corral 

pens and pasture loafing areas; 

‘‘(iii) methods for treatment and control on infested 

wildlife; 

‘‘(iv) biological control agents; and 

‘‘(v) new and improved vaccines; 

‘‘(C) to evaluate rangeland vegetation that impacts the 

survival of cattle fever ticks; 


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132 STAT. 4808 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(D) to improve management of diseases relating to 

cattle fever ticks that are associated with wildlife, livestock, 

and human health; 

‘‘(E) to improve diagnostic detection of tick-infested 

or infected animals and pastures; and 

‘‘(F) to conduct outreach to impacted ranchers, hunters, 

and landowners to integrate tactics and document sustainability of best practices. 

‘‘(15) LAYING HEN AND TURKEY RESEARCH PROGRAM.— Research grants may be made under this section for the purpose 

of improving the efficiency and sustainability of laying hen 

and turkey production through integrated, collaborative 

research and technology transfer. Emphasis may be placed 

on laying hen and turkey disease prevention, antimicrobial 

resistance, nutrition, gut health, and alternative housing systems under extreme seasonal weather conditions. 

‘‘(16) CHRONIC WASTING DISEASE.—Research and extension 

grants may be made under this section for the purposes of 

supporting research projects at land-grant colleges and universities (as defined in section 1404 of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103)) with established deer research programs for the purposes 

of treating, mitigating, or eliminating chronic wasting disease. 

‘‘(17) ALGAE AGRICULTURE RESEARCH PROGRAM.—Research 

and extension grants may be made under this section for the 

development and testing of algae and algae systems (including 

micro- and macro-algae systems). 

‘‘(18) NUTRIENT MANAGEMENT.—Research and extension 

grants may be made under this section for the purposes of 

examining nutrient management based on the source, rate, 

timing, and placement of crop nutrients. 

‘‘(19) DRYLAND FARMING AGRICULTURAL SYSTEMS.— 

Research and extension grants may be made under this section 

for the purposes of carrying out or enhancing research on 

the utilization of big data for more precise management of 

dryland farming agricultural systems. 

‘‘(20) HOP PLANT HEALTH INITIATIVE.—Research and extension grants may be made under this section for the purposes 

of developing and disseminating science-based tools and treatments to combat diseases of hops caused by the plant pathogens 

Podosphaera macularis and Pseudoperonospora humuli.’’; 

(2) in subsection (e)(5), by striking ‘‘2018’’ and inserting 

‘‘2023’’; 

(3) in subsection (f)(5), by striking ‘‘2018’’ and inserting 

‘‘2023’’; 

(4) in subsection (g)— 

(A) in paragraphs (1)(B), (2)(B), and (3), by striking 

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

(B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and 

(C) by inserting after paragraph (3) the following new 

paragraph: 

‘‘(4) ENHANCED COORDINATION OF HONEYBEE AND POLLINATOR RESEARCH.— 

‘‘(A) IN GENERAL.—The Chief Scientist of the Department of Agriculture shall coordinate research, extension, 

education, and economic activities in the Department of 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4809 

Agriculture relating to native and managed pollinator 

health and habitat. 

‘‘(B) DUTIES.—In carrying out subparagraph (A), the 

Chief Scientist shall— 

‘‘(i) assign an individual to serve in the Office 

of the Chief Scientist as a Honeybee and Pollinator 

Research Coordinator who shall be responsible for 

leading the efforts of the Chief Scientist in carrying 

out such subparagraph; 

‘‘(ii) implement and coordinate pollinator health 

research efforts of the Department, as recommended 

by the Pollinator Health Task Force; 

‘‘(iii) establish annual strategic priorities and goals 

for the Department for native and managed pollinator 

research; 

‘‘(iv) communicate such priorities and goals to each 

agency or office of the Department of Agriculture, the 

managed pollinator industry, and relevant grant recipients under programs administered by the Secretary; 

and 

‘‘(v) coordinate and identify all research on native 

and managed pollinator health needed and conducted 

by the Department of Agriculture and relevant grant 

recipients under programs administered by the Secretary to ensure consistency and reduce unintended 

duplication of effort. 

‘‘(C) RESEARCH.—In coordinating research activities 

under subparagraph (A), the Chief Scientist shall ensure 

that such research— 

‘‘(i) identifies and addresses the multiple stressors 

on pollinator health, including pests and pathogens, 

reduced habitat, lack of nutritional resources, and 

exposure to pesticides; 

‘‘(ii) evaluates stewardship and management practices of managed pollinators that would impact managed pollinator health; 

‘‘(iii) documents the prevalence of major pests, such 

as varroa destructor (commonly referred to as the 

varroa mite), and diseases that are transported 

between States through practices involving managed 

pollinators; 

‘‘(iv) evaluates the impact of overcrowding of colonies for pollination services and the impact of such 

overcrowding on pollinator health status and pollinator 

health recovery; 

‘‘(v) evaluates and reports on the health differences 

of managed pollinators in— 

‘‘(I) crops not requiring contract pollination; 

‘‘(II) crops requiring contract pollination; and 

‘‘(III) native habitat; 

‘‘(vi) evaluates the impact of horticultural and agricultural pest management practices on native and 

managed pollinator colonies in diverse agroecosystems; 

‘‘(vii) documents pesticide residues that are— 

‘‘(I) found in native and managed pollinator 

colonies; and 


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132 STAT. 4810 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(II) associated with typical localized commercial crop pest management practices; 

‘‘(viii) with respect to native and managed pollinator colonies visiting crops for crop pollination or 

honey production purposes, documents— 

‘‘(I) the strength and health of such colonies; 

‘‘(II) the survival, growth, reproduction, and 

production of such colonies; 

‘‘(III) pests, pathogens, and viruses that affect 

such colonies; 

‘‘(IV) environmental conditions of such colonies; 

‘‘(V) beekeeper practices; and 

‘‘(VI) any other relevant information, as determined by the Chief Scientist; 

‘‘(ix) documents, with respect to healthy populations of managed pollinators, best management practices and other practices for managed pollinators and 

crop managers; 

‘‘(x) evaluates the effectiveness of— 

‘‘(I) conservation practices that target the specific needs of native and managed pollinator habitats; 

‘‘(II) incentives that allow for the expansion 

of native and managed pollinator forage acreage; 

and 

‘‘(III) managed pollinator breeding practices 

and efforts to, with respect to managed pollinators, 

avoid creating a genetic bottleneck and improve 

genetic diversity; 

‘‘(xi) in the case of commercially managed pollinator colonies, continues to gather data— 

‘‘(I) on an annual basis with respect to losses 

of such colonies, splits of such colonies, and the 

total number of pollinator colonies; 

‘‘(II) on rising input costs; and 

‘‘(III) overall economic value to the food 

economy; and 

‘‘(xii) addresses any other issue relating to native 

and managed pollinators, as determined by the Chief 

Scientist, in consultation with scientific experts. 

‘‘(D) PUBLICATION.—The Chief Scientist, to the maximum extent practicable, shall— 

‘‘(i) make publicly available the results of the 

research described in subparagraph (C); and 

‘‘(ii) in the case of the research described in 

subparagraph (C)(vi), publish any data or reports that 

were produced by the Department of Agriculture but 

not made publicly available during the period beginning on January 1, 2008, and ending on the date 

of the enactment of the Agriculture Improvement Act 

of 2018.’’; and 

(5) in subsection (h), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4811 

SEC. 7210. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE. 

Section 1672B of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5925b) is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1)— 

(i) by inserting ‘‘using funds made available under 

subsection (e),’’ after ‘‘Board,’’; and 

(ii) by inserting ‘‘in each of fiscal years 2019 

through 2023’’ after ‘‘grants’’; and 

(B) in paragraph (7), by inserting ‘‘, soil health,’’ after 

‘‘conservation’’; and 

(2) in subsection (e)— 

(A) in paragraph (1)— 

(i) in subparagraph (B), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (C), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new subparagraphs: 

‘‘(D) $20,000,000 for each of fiscal years 2019 through 

2020; 

‘‘(E) $25,000,000 for fiscal year 2021; 

‘‘(F) $30,000,000 for fiscal year 2022; and 

‘‘(G) $50,000,000 for fiscal year 2023 and each fiscal 

year thereafter.’’; and 

(B) in paragraph (2)— 

(i) in the paragraph heading, by striking ‘‘FOR

FISCAL YEARS 2014 THROUGH 2018’’; and 

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

SEC. 7211. FARM BUSINESS MANAGEMENT. 

Section 1672D of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5925f) is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) IN GENERAL.—The Secretary may make competitive 

research and extension grants for the purpose of improving the 

farm management knowledge and skills of agricultural producers 

by maintaining and expanding a national, publicly available farm 

financial management database to support improved farm management.’’; 

(2) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘and producer’’ and 

inserting ‘‘educational programs and’’; and 

(B) in paragraph (4), by striking ‘‘use and support’’ 

and inserting ‘‘contribute data to’’; and 

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

‘‘2023’’. 

SEC. 7212. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL 

PRODUCTION RESEARCH, EDUCATION, AND EXTENSION 

INITIATIVE. 

(a) IN GENERAL.—The Food, Agriculture, Conservation, and 

Trade Act of 1990 is amended by inserting after section 1672D 

(7 U.S.C. 5925f) the following: 


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132 STAT. 4812 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘SEC. 1672E. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL 

PRODUCTION RESEARCH, EDUCATION, AND EXTENSION 

INITIATIVE. 

‘‘(a) COMPETITIVE RESEARCH AND EXTENSION GRANTS AUTHOR- IZED.—In consultation with the Urban Agriculture and Innovative 

Production Advisory Committee established under section 222(b) 

of the Department of Agriculture Reorganization Act of 1994, the 

Secretary may make competitive grants to support research, education, and extension activities for the purposes of facilitating the 

development of urban, indoor, and other emerging agricultural 

production, harvesting, transportation, aggregation, packaging, distribution, and markets, including by— 

‘‘(1) assessing and developing strategies to remediate 

contaminated sites; 

‘‘(2) determining and developing the best production 

management and integrated pest management practices; 

‘‘(3) identifying and promoting the horticultural, social, and 

economic factors that contribute to successful urban, indoor, 

and other emerging agricultural production; 

‘‘(4) analyzing the means by which new agricultural sites 

are determined, including an evaluation of soil quality, condition of a building, or local community needs; 

‘‘(5) exploring new technologies that minimize energy, 

lighting systems, water, and other inputs for increased food 

production; 

‘‘(6) examining building material efficiencies and structural 

upgrades for the purpose of optimizing growth of agricultural 

products; 

‘‘(7) developing new crop varieties and agricultural products 

to connect to new markets; or 

‘‘(8) examining the impacts of crop exposure to urban elements on environmental quality and food safety. 

‘‘(b) GRANT TYPES AND PROCESS.—Subparagraphs (A) through 

(E) of paragraph (4), paragraph (7), and paragraph (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research 

Grant Act (7 U.S.C. 3157) shall apply with respect to the making 

of grants under this section. 

‘‘(c) PRIORITY.—The Secretary may give priority to grant proposals that involve— 

‘‘(1) the cooperation of multiple entities; or 

‘‘(2) States or regions with a high concentration of or significant interest in urban farms, rooftop farms, and indoor production facilities. 

‘‘(d) FUNDING.— 

‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary shall use to carry out this 

section $10,000,000 for fiscal year 2019, to remain available 

until expended. 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

amounts made available under paragraph (1), there is authorized to be appropriated to carry out this section $10,000,000 

for each of fiscal years 2019 through 2023.’’. 

(b) DATA COLLECTION ON URBAN, INDOOR, AND EMERGING AGRICULTURAL PRODUCTION.— 

(1) IN GENERAL.—Not later than one year after the date 

of enactment of this Act, the Secretary shall conduct as a 

follow-on study to the census of agriculture conducted in the 

7 USC 5925g. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4813 

calendar year 2017 under section 2 of the Census of Agriculture 

Act of 1997 (7 U.S.C. 2204g) a census of urban, indoor, and 

other emerging agricultural production, including information 

about— 

(A) community gardens and farms located in urban 

areas, suburbs, and urban clusters; 

(B) rooftop farms, outdoor vertical production, and 

green walls; 

(C) indoor farms, greenhouses, and high-tech vertical 

technology farms; 

(D) hydroponic, aeroponic, and aquaponic farm facilities; and 

(E) other innovations in agricultural production, as 

determined by the Secretary. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $14,000,000 

for the period of fiscal years 2019 through 2021. 

SEC. 7213. CENTERS OF EXCELLENCE AT 1890 INSTITUTIONS. 

Section 1673 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 5926) is amended by adding at the end 

the following: 

‘‘(d) CENTERS OF EXCELLENCE AT 1890S INSTITUTIONS.— 

‘‘(1) RECOGNITION.—The Secretary shall recognize not less 

than 3 centers of excellence, each led by an 1890 Institution 

(as defined in section 2 of the Agricultural Research, Extension, 

and Education Reform Act of 1998 (7 U.S.C. 7601)), to focus 

on 1 or more of the areas described in paragraph (2). 

‘‘(2) AREAS OF FOCUS.— 

‘‘(A) STUDENT SUCCESS AND WORKFORCE DEVELOPMENT.—A center of excellence established under paragraph 

(1) may engage in activities to ensure that students have 

the skills and education needed to work in agriculture 

and food industries, agriculture science, technology, 

engineering, mathematics, and related fields of study. 

‘‘(B) NUTRITION, HEALTH, WELLNESS, AND QUALITY OF

LIFE.—A center of excellence established under paragraph 

(1) may carry out research, education, and extension programs that increase access to healthy food, improve nutrition, mitigate preventive disease, and develop strategies 

to assist limited resource individuals in accessing health 

and nutrition resources. 

‘‘(C) FARMING SYSTEMS, RURAL PROSPERITY, AND ECONOMIC SUSTAINABILITY.—A center of excellence established 

under paragraph (1) may share best practices with farmers 

to improve agricultural production, processing, and marketing, reduce urban food deserts, examine new uses for 

traditional and nontraditional crops, animals, and natural 

resources, and continue activities carried out by the Center 

for Innovative and Sustainable Small Farms, Ranches, and 

Forest Lands. 

‘‘(D) GLOBAL FOOD SECURITY AND DEFENSE.—A center 

of excellence established under paragraph (1) may engage 

in international partnerships that strengthen agricultural 

development in developing countries, partner with international researchers regarding new and emerging animal 


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132 STAT. 4814 PUBLIC LAW 115–334—DEC. 20, 2018 

and plant pests and diseases, engage in agricultural disaster recovery, and continue activities carried out by the 

Center for International Engagement. 

‘‘(E) NATURAL RESOURCES, ENERGY, AND ENVIRONMENT.—A center of excellence established under paragraph 

(1) may focus on protecting and managing domestic natural 

resources for current and future production of food and 

agricultural products. 

‘‘(F) EMERGING TECHNOLOGIES.—A center of excellence 

established under paragraph (1) may focus on the development of emerging technologies to increase agricultural 

productivity, enhance small farm economic viability, and 

improve rural communities by developing genetic and 

sensor technologies for food and agriculture and providing 

technology training to farmers. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $10,000,000 

for each of fiscal years 2019 through 2023. 

‘‘(4) REPORT.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and every 

year thereafter, the Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate 

a report describing— 

‘‘(A) the resources invested in the centers of excellence 

established under paragraph (1); and 

‘‘(B) the work being done by those centers of excellence.’’. 

SEC. 7214. CLARIFICATION OF VETERAN ELIGIBILITY FOR ASSISTIVE 

TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES. 

Section 1680 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 5933) is amended— 

(1) in subsection (a), by adding at the end the following 

new paragraph: 

‘‘(7) CLARIFICATION OF APPLICATION OF PROVISIONS TO VETERANS WITH DISABILITIES.—This subsection shall apply with 

respect to veterans with disabilities, and their families, who— 

‘‘(A) are engaged in farming or farm-related occupations; or 

‘‘(B) are pursuing new farming opportunities.’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘(including veterans)’’ after ‘‘individuals’’; and 

(B) by inserting ‘‘or, in the case of veterans with disabilities, who are pursuing new farming opportunities’’ before 

the period at the end; and 

(3) in subsection (c)(1)(B), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

SEC. 7215. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE. 

Section 2381(e) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking 

‘‘2018’’ and inserting ‘‘2023’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4815 

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

SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM. 

(a) ENDING LIMITATION ON FUNDING.—Section 405(e)(3) of the 

Agricultural Research, Extension, And Education Reform Act of 

1998 (7 U.S.C. 7625(e)(3)) is amended to read as follows: 

‘‘(3) TERM OF GRANT.—A grant under this section shall 

have a term that is not more than 3 years.’’. 

(b) NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, 

OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.—Section 405(j) 

of the Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7625(j)) is amended by striking ‘‘there are 

authorized’’ and all that follows through the period at the end 

and inserting ‘‘there is authorized to be appropriated $10,000,000 

for each of fiscal years 2019 through 2023.’’. 

SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION 

COMPETITIVE GRANTS PROGRAM. 

Section 406(e) of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by 

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

SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT, 

TRITICALE, AND BARLEY CAUSED BY FUSARIUM 

GRAMINEARUM OR BY TILLETIA INDICA. 

Section 408 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7628) is amended— 

(1) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) $15,000,000 for each of fiscal years 2019 through 

2023.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f) LIMITATION ON INDIRECT COSTS.—A recipient of a grant 

under this section may not use more than 10 percent of the funds 

provided by the grant for the indirect costs of carrying out the 

initiatives described in subsection (a).’’. 

SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS. 

Section 410(d)(2) of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended 

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

SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE. 

(a) INDUSTRY NEEDS.—Section 412(b) of the Agricultural 

Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 

7632(b)) is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraphs (B) through (E) 

as subparagraphs (C) through (F); and 

(B) by inserting after subparagraph (A) the following: 


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132 STAT. 4816 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(B) size-controlling rootstock systems for perennial 

crops;’’; 

(2) in paragraph (2), by striking ‘‘including threats to specialty crop pollinators;’’ and inserting the following: ‘‘including— 

‘‘(A) threats to specialty crop pollinators; 

‘‘(B) emerging and invasive species; and 

‘‘(C) a more effective understanding and utilization 

of existing natural enemy complexes;’’; 

(3) in paragraph (3)— 

(A) by striking ‘‘efforts to improve’’ and inserting the 

following: ‘‘efforts— 

‘‘(A) to improve’’; 

(B) in subparagraph (A) (as so designated), by adding 

‘‘and’’ at the end; and 

(C) by adding at the end the following: 

‘‘(B) to achieve a better understanding of— 

‘‘(i) the soil rhizosphere microbiome; 

‘‘(ii) pesticide application systems and certified 

drift-reduction technologies; and 

‘‘(iii) systems to improve and extend the storage 

life of specialty crops;’’; and 

(4) in paragraph (4), by striking ‘‘including improved 

mechanization and technologies that delay or inhibit ripening; 

and’’ and inserting the following: ‘‘including— 

‘‘(A) mechanization and automation of labor-intensive 

tasks in production and processing; 

‘‘(B) technologies that delay or inhibit ripening; 

‘‘(C) decision support systems driven by phenology and 

environmental factors; 

‘‘(D) improved monitoring systems for agricultural 

pests; and 

‘‘(E) effective systems for preharvest and postharvest 

management of quarantine pests; and’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 412(k)(2) of 

the Agricultural Research, Extension, and Education Reform Act 

of 1998 (7 U.S.C. 7632(k)(2)) is amended— 

(1) in the subsection heading, by striking ‘‘2018’’ and 

inserting ‘‘2023’’; and 

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

SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM. 

Section 604(e) of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by 

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

SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY. 

Section 614(f)(2) of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is amended 

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

SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH. 

Section 617(f)(1) of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is amended 

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


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4817 

Subtitle D—Food, Conservation, and 

Energy Act of 2008 

PART I—AGRICULTURAL SECURITY 

SEC. 7401. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER. 

Section 14112(c)(2) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 8912(c)(2)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL 

BIOSECURITY PLANNING, PREPARATION, AND RESPONSE. 

Section 14113 of the Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 8913) is amended— 

(1) in subsection (a)(2)(B), by striking ‘‘2018’’ and inserting 

‘‘2023’’; and 

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

‘‘2023’’. 

SEC. 7403. RESEARCH AND DEVELOPMENT OF AGRICULTURAL 

COUNTERMEASURES. 

Section 14121(b)(2) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 8921(b)(2)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 7404. AGRICULTURAL BIOSECURITY GRANT PROGRAM. 

Section 14122(e)(2) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 8922(e)(2)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

PART II—MISCELLANEOUS 

SEC. 7411. GRAZINGLANDS RESEARCH LABORATORY. 

Section 7502 of the Food, Conservation, and Energy Act of 

2008 (Public Law 110–246; 122 Stat. 2019) is amended by striking 

‘‘10-year period’’ and inserting ‘‘15-year period’’. 

SEC. 7412. FARM AND RANCH STRESS ASSISTANCE NETWORK. 

Section 7522 of the Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 5936) is amended— 

(1) in subsection (a), by striking ‘‘to support cooperative 

programs between State cooperative extension services and nonprofit organizations’’ and inserting ‘‘to eligible entities described 

in subsection (c)’’; 

(2) in subsection (b)— 

(A) by striking paragraph (5); 

(B) by redesignating paragraphs (1) through (4) as 

subparagraphs (A) through (D), respectively, and indenting 

the subparagraphs appropriately; 

(C) by striking subparagraph (B) (as so redesignated) 

and inserting the following: 

‘‘(B) training, including training programs and workshops, for— 

‘‘(i) advocates for individuals who are engaged in 

farming, ranching, and other occupations relating to 

agriculture; and 


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132 STAT. 4818 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ii) other individuals and entities that may assist 

individuals who— 

‘‘(I) are engaged in farming, ranching, and 

other occupations relating to agriculture; and 

‘‘(II) are in crisis;’’; 

(D) in subparagraph (C) (as so redesignated), by adding 

‘‘and’’ after the semicolon at the end; 

(E) in subparagraph (D) (as so redesignated), by 

striking ‘‘activities; and’’ and inserting ‘‘activities, including 

the dissemination of information and materials; or’’; 

(F) in the matter preceding subparagraph (A) (as so 

redesignated), by striking ‘‘be used to initiate’’ and inserting 

the following: ‘‘be used— 

‘‘(1) to initiate’’; and 

(G) by adding at the end the following: 

‘‘(2) to enter into contracts, on a multiyear basis, with 

community-based, direct-service organizations to initiate, 

expand, or sustain programs described in paragraph (1) and 

subsection (a).’’; and 

(3) by striking subsections (c) and (d) and inserting the 

following: 

‘‘(c) ELIGIBLE RECIPIENTS.—The Secretary may award a grant 

under this section to— 

‘‘(1) an Indian tribe (as defined in section 4 of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

5304)); 

‘‘(2) a State department of agriculture; 

‘‘(3) a State cooperative extension service; 

‘‘(4) a qualified nonprofit organization, as determined by 

the Secretary; 

‘‘(5) an entity providing appropriate services, as determined 

by the Secretary, in 1 or more States; or 

‘‘(6) a partnership carried out by 2 or more entities 

described in paragraphs (1) through (5). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary to carry out this section 

$10,000,000 for each of fiscal years 2019 through 2023. 

‘‘(e) REPORT TO CONGRESS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this subsection, the Secretary, in coordination 

with the Secretary of Health and Human Services, shall submit 

to Congress and any other relevant Federal department or 

agency, and make publicly available, a report describing the 

state of behavioral and mental health of individuals who are 

engaged in farming, ranching, and other occupations relating 

to agriculture. 

‘‘(2) CONTENTS.—The report under paragraph (1) shall 

include— 

‘‘(A) an inventory and assessment of efforts to support 

the behavioral and mental health of individuals who are 

engaged in farming, ranching, and other occupations 

relating to agriculture by— 

‘‘(i) the Federal Government, States, and units of 

local government; 

‘‘(ii) communities comprised of those individuals; 

‘‘(iii) health care providers; 

‘‘(iv) State cooperative extension services; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4819 

‘‘(v) other appropriate entities, as determined by 

the Secretary; 

‘‘(B) a description of the challenges faced by individuals 

who are engaged in farming, ranching, and other occupations relating to agriculture that may impact the behavioral 

and mental health of farmers and ranchers; 

‘‘(C) a description of how the Department of Agriculture 

can improve coordination and cooperation with Federal 

health departments and agencies, including the Department of Health and Human Services, the Substance Abuse 

and Mental Health Services Administration, the Health 

Resources and Services Administration, the Centers for 

Disease Control and Prevention, and the National 

Institutes of Health, to best address the behavioral and 

mental health of individuals who are engaged in farming, 

ranching, and other occupations relating to agriculture; 

‘‘(D) a long-term strategy for responding to the challenges described under subparagraph (B) and recommendations based on best practices for further action to be carried 

out by appropriate Federal departments or agencies to 

improve Federal Government response and seek to prevent 

suicide among individuals who are engaged in farming, 

ranching, and other occupations relating to agriculture; 

and 

‘‘(E) an evaluation of the impact that behavioral and 

mental health challenges and outcomes (including suicide) 

among individuals who are engaged in farming, ranching, 

and other agriculture related occupations have on— 

‘‘(i) the agricultural workforce; 

‘‘(ii) agricultural production; 

‘‘(iii) rural families and communities; and 

‘‘(iv) succession planning. 

‘‘(f) STATE DEFINED.—For purposes of this section, the term 

‘State’ has the meaning given such term in section 1404 of the 

National Agricultural Research, Extension, and Teaching Policy 

Act of 1977 (7 U.S.C. 3103).’’. 

SEC. 7413. NATURAL PRODUCTS RESEARCH PROGRAM. 

Section 7525(e) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 5937(e)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 7414. SUN GRANT PROGRAM. 

Section 7526(g) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 8114(g)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

Subtitle E—Amendments to Other Laws 

SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT. 

(a) HEMP RESEARCH.—Section 5(b)(9) of the Critical Agricultural Materials Act (7 U.S.C. 178c(b)(9)) is amended by inserting 

‘‘, and including hemp (as defined in section 297A of the Agricultural 

Marketing Act of 1946)’’ after ‘‘hydrocarbon-containing plants’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 16(a)(2) of the 

Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2)) is amended 

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


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132 STAT. 4820 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 

1994. 

(a) 1994 INSTITUTION DEFINED.— 

(1) IN GENERAL.—Section 532 of the Equity in Educational 

Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public 

Law 103–382) is amended to read as follows: 

‘‘SEC. 532. DEFINITION OF 1994 INSTITUTION. 

‘‘In this part, the term ‘1994 Institution’ means any of the 

following colleges: 

‘‘(1) Aaniiih Nakoda College. 

‘‘(2) Bay Mills Community College. 

‘‘(3) Blackfeet Community College. 

‘‘(4) Cankdeska Cikana Community College. 

‘‘(5) Chief Dull Knife College. 

‘‘(6) College of Menominee Nation. 

‘‘(7) College of the Muscogee Nation. 

‘‘(8) D–Q University. 

‘‘(9) Dine College. 

‘‘(10) Fond du Lac Tribal and Community College. 

‘‘(11) Fort Peck Community College. 

‘‘(12) Haskell Indian Nations University. 

‘‘(13) Ilisagvik College. 

‘‘(14) Institute of American Indian and Alaska Native Culture and Arts Development. 

‘‘(15) Keweenaw Bay Ojibwa Community College. 

‘‘(16) Lac Courte Oreilles Ojibwa Community College. 

‘‘(17) Leech Lake Tribal College. 

‘‘(18) Little Big Horn College. 

‘‘(19) Little Priest Tribal College. 

‘‘(20) Navajo Technical University. 

‘‘(21) Nebraska Indian Community College. 

‘‘(22) Northwest Indian College. 

‘‘(23) Nueta Hidatsa Sahnish College. 

‘‘(24) Oglala Lakota College. 

‘‘(25) Red Lake Nation College. 

‘‘(26) Saginaw Chippewa Tribal College. 

‘‘(27) Salish Kootenai College. 

‘‘(28) Sinte Gleska University. 

‘‘(29) Sisseton Wahpeton College. 

‘‘(30) Sitting Bull College. 

‘‘(31) Southwestern Indian Polytechnic Institute. 

‘‘(32) Stone Child College. 

‘‘(33) Tohono O’odham Community College. 

‘‘(34) Turtle Mountain Community College. 

‘‘(35) United Tribes Technical College. 

‘‘(36) White Earth Tribal and Community College.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on the date of the enactment of this Act. 

(b) ENDOWMENT FOR 1994 INSTITUTIONS.—Section 533(b) of the 

Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 

301 note; Public Law 103–382) is amended in the first sentence 

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

(c) INSTITUTIONAL CAPACITY BUILDING GRANTS.—Section 535 

of the Equity in Educational Land-Grant Status Act of 1994 (7 

U.S.C. 301 note; Public Law 103–382) is amended by striking ‘‘2018’’ 

7 USC 301 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4821 

each place it appears in subsections (b)(1) and (c) and inserting 

‘‘2023’’. 

(d) RESEARCH GRANTS.—Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public 

Law 103–382) is amended in the first sentence by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

SEC. 7503. RESEARCH FACILITIES ACT. 

(a) AGRICULTURAL RESEARCH FACILITY DEFINED.—The Research 

Facilities Act is amended— 

(1) in section 2(1) (7 U.S.C. 390(1)) by striking ‘‘a college, 

university, or nonprofit institution’’ and inserting ‘‘an entity 

eligible to receive funds under a capacity and infrastructure 

program (as defined in section 251(f)(1)(C) of the Department 

of Agriculture Reorganization Act of 1994 (7 U.S.C. 

6971(f)(1)(C)))’’; and 

(2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by striking 

‘‘recipient college, university, or nonprofit institution’’ and 

inserting ‘‘recipient entity’’. 

(b) LONG-TERM SUPPORT.—Section 3(c)(2)(D) of the Research 

Facilities Act (7 U.S.C. 390a(c)(2)(D)), as amended by subsection 

(a), is further amended by striking ‘‘operating costs’’ and inserting 

‘‘operating and maintenance costs’’. 

(c) COMPETITIVE GRANT PROGRAM.—The Research Facilities Act 

is amended by inserting after section 3 (7 U.S.C. 390a) the following 

new section: 

‘‘SEC. 4. COMPETITIVE GRANT PROGRAM. 

‘‘The Secretary shall establish a program to make competitive 

grants to assist in the construction, alteration, acquisition, modernization, renovation, or remodeling of agricultural research facilities.’’. 

(d) AUTHORIZATION OF APPROPRIATIONS AND FUNDING LIMITATIONS.—Section 6 of the Research Facilities Act (7 U.S.C. 390d) 

is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘subsection (b),’’ and inserting ‘‘subsections (b), (c), and (d),’’; 

(B) by striking ‘‘2018’’ and inserting ‘‘2023’’; and 

(C) by adding at the end the following new sentence: 

‘‘Funds appropriated pursuant to the preceding sentence 

shall be available until expended.’’; and 

(2) by adding at the end the following new subsections: 

‘‘(c) MAXIMUM AMOUNT.—Not more than 25 percent of the funds 

made available pursuant to subsection (a) for any fiscal year shall 

be used for any single agricultural research facility project. 

‘‘(d) PROJECT LIMITATION.—An entity eligible to receive funds 

under this Act may receive funds for only one project at a time.’’. 

SEC. 7504. AGRICULTURE AND FOOD RESEARCH INITIATIVE. 

Subsection (b) of the Competitive, Special, and Facilities 

Research Grant Act (7 U.S.C. 3157(b)) is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (D)— 

(i) by redesignating clauses (iii) through (vii) as 

clauses (iv) through (viii), respectively; and 

(ii) by inserting after clause (ii) the following new 

clause: 

7 USC 390b. 


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132 STAT. 4822 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(iii) soil health;’’; 

(B) in subparagraph (E)— 

(i) in clause (iii), by striking ‘‘and’’ at the end; 

(ii) in clause (iv), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new clause: 

‘‘(v) tools that accelerate the use of automation 

or mechanization for labor-intensive tasks in the 

production and distribution of crops.’’; and 

(C) in subparagraph (F)— 

(i) in clause (vi), by striking ‘‘and’’ at the end; 

(ii) in clause (vii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new clause: 

‘‘(viii) barriers and bridges to entry and farm 

viability for young, beginning, socially disadvantaged, 

veteran, and immigrant farmers and ranchers, 

including farm succession, transition, transfer, entry, 

and profitability issues.’’; 

(2) in paragraph (6)— 

(A) in subparagraph (D), by striking ‘‘and’’ at the end; 

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

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(F) to an institution to carry out collaboration in biomedical and agricultural research using existing research 

models.’’; and 

(3) in paragraph (11)(A)— 

(A) in the matter preceding clause (i), by striking 

‘‘2018’’ and inserting ‘‘2023’’; and 

(B) in clause (ii), by striking ‘‘4’’ and inserting ‘‘5’’. 

SEC. 7505. EXTENSION DESIGN AND DEMONSTRATION INITIATIVE. 

(a) IN GENERAL.—The Competitive, Special, and Facilities 

Research Grant Act (7 U.S.C. 3157) is amended by inserting after 

subsection (c) the following: 

‘‘(d) EXTENSION DESIGN AND DEMONSTRATION INITIATIVE.— 

‘‘(1) PURPOSE.—The purpose of this subsection is to encourage the design of adaptive prototype systems for improving 

extension and education that seek to advance the application, 

translation, and demonstration of scientific discoveries and 

other agricultural research for the adoption and understanding 

of food, agricultural, and natural resources practices, techniques, methods, and technologies using digital or other novel 

platforms. 

‘‘(2) GRANTS.—The Secretary shall award grants each fiscal 

year on a competitive basis— 

‘‘(A) for the design of 1 or more extension and education 

prototype systems— 

‘‘(i) that leverage digital platforms or other novel 

means of translating, delivering, or demonstrating agricultural research; and 

‘‘(ii) to adapt, apply, translate, or demonstrate scientific findings, data, technology, and other research 

outcomes to producers, the agricultural industry, and 

other interested persons or organizations; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4823 

‘‘(B) to demonstrate, by incorporating analytics and 

specific metrics, the value, impact, and return on the Federal investment of a prototype system designed under 

subparagraph (A) as a model for use by other eligible 

entities described in paragraph (3) for improving, modernizing, and adapting applied research, demonstration, and 

extension services. 

‘‘(3) ELIGIBLE ENTITIES.—An entity that is eligible to receive 

a grant under paragraph (2) is— 

‘‘(A) a State agricultural experiment station (as defined 

in section 1404 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103)); 

‘‘(B) a cooperative extension service (as defined in such 

section); and 

‘‘(C) a land-grant college or university (as defined in 

such section) . 

‘‘(4) REQUIREMENT.—The Secretary shall award grants 

under paragraph (2) to not fewer than 2 and not more than 

5 eligible entities described in paragraph (3) that represent 

a diversity of regions, commodities, and agricultural or food 

production issues. 

‘‘(5) TERM.—The term of a grant awarded under paragraph 

(2) shall be not longer than 5 years. 

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000 

for each of fiscal years 2019 through 2023, to remain available 

until expended.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) 

is amended— 

(1) in subsection (c)(2), in the matter preceding subparagraph (A), by striking ‘‘subsection—’’ and all that follows 

through ‘‘for the planning’’ in subparagraph (B) and inserting 

‘‘subsection for the planning’’; and 

(2) in subsection (h), by inserting ‘‘, (d),’’ after ‘‘subsections 

(b)’’. 

SEC. 7506. REPEAL OF REVIEW OF AGRICULTURAL RESEARCH 

SERVICE. 

Section 7404 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 3101 note; Public Law 107–171) is repealed. 

SEC. 7507. BIOMASS RESEARCH AND DEVELOPMENT. 

Section 9008 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8108) is amended— 

(1) in subsection (a)(1)— 

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

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

the end and inserting ‘‘; or’’; and 

(C) by adding at the end the following: 

‘‘(C) carbon dioxide that— 

‘‘(i) is intended for permanent sequestration or 

utilization; and 

‘‘(ii) is a byproduct of the production of the products 

described in subparagraphs (A) and (B).’’; 

(2) in subsection (d)(2)(A)— 

(A) in clause (xii), by striking ‘‘and’’ at the end; 


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132 STAT. 4824 PUBLIC LAW 115–334—DEC. 20, 2018 

(B) by redesignating clause (xiii) as clause (xiv); and 

(C) by inserting after clause (xii) the following: 

‘‘(xiii) an individual with expertise in carbon 

dioxide capture, utilization, and sequestration; and’’; 

(3) in subsection (e)— 

(A) in paragraph (2)(B)— 

(i) in clause (ii), by striking ‘‘and’’ at the end; 

and 

(ii) by adding at the end the following: 

‘‘(iv) to permanently sequester or utilize carbon 

dioxide described in subsection (a)(1)(C); and’’; and 

(B) in paragraph (3)(B)— 

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

(ii) in clause (ii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) the development of technologies to permanently sequester or utilize carbon dioxide described 

in subsection (a)(1)(C).’’; and 

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

‘‘2023’’. 

SEC. 7508. REINSTATEMENT OF MATCHING REQUIREMENT FOR FEDERAL FUNDS USED IN EXTENSION WORK AT THE UNIVERSITY OF THE DISTRICT OF COLUMBIA. 

(a) IN GENERAL.—Section 209(c) of the District of Columbia 

Public Postsecondary Education Reorganization Act (Public Law 

93–471; sec. 38–1202.09(c), D.C. Official Code) is amended by 

inserting after the first sentence the following: ‘‘Such sums may 

be used to pay not more than 1⁄2 of the total cost of providing 

such extension work.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act. 

SEC. 7509. RENEWABLE RESOURCES EXTENSION ACT OF 1978. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 6 of the 

Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is 

amended in the first sentence by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

(b) TERMINATION DATE.—Section 8 of the Renewable Resources 

Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95–306) 

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

SEC. 7510. NATIONAL AQUACULTURE ACT OF 1980. 

Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 

2809) is amended by striking ‘‘2018’’ each place it appears and 

inserting ‘‘2023’’. 

SEC. 7511. FEDERAL AGRICULTURE RESEARCH FACILITIES. 

Section 1431 of the National Agricultural Research, Extension, 

and Teaching Policy Act Amendments of 1985 (title XIV of Public 

Law 99–198; 99 Stat. 1556) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4825 

Subtitle F—Other Matters 

SEC. 7601. ENHANCED USE LEASE AUTHORITY PROGRAM. 

(a) TRANSITION TO PERMANENT PROGRAM.—Section 308 of the 

Federal Crop Insurance Reform and Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended— 

(1) in the section heading, by striking ‘‘PILOT’’; and 

(2) in subsection (a), by striking ‘‘pilot’’. 

(b) TERMINATION OF AUTHORITY EXTENDED.—Section 

308(b)(6)(A) of the Federal Crop Insurance Reform and Department 

of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note) 

is amended by striking ‘‘on the date that is 10 years after the 

date of enactment of this section’’ and inserting ‘‘on September 

30, 2023’’. 

(c) REPORTS.—Section 308(d)(2) of the Federal Crop Insurance 

Reform and Department of Agriculture Reorganization Act of 1994 

(7 U.S.C. 3125a note) is amended by striking ‘‘Not later than 

6, 8, and 10 years after the date of enactment of this section’’ 

and inserting ‘‘Not later than September 30, 2021’’. 

SEC. 7602. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER PORTION OF HENRY A. WALLACE BELTSVILLE AGRICULTURAL 

RESEARCH CENTER, BELTSVILLE, MARYLAND. 

(a) TRANSFER AUTHORIZED.—Subject to subsection (e), the Secretary may transfer to the Secretary of the Treasury administrative 

jurisdiction over a parcel of real property at the Henry A. Wallace 

Beltsville Agricultural Research Center consisting of approximately 

100 acres, which was originally acquired by the United States 

through land acquisitions in 1910 and 1925, and is generally located 

off of Poultry Road lying between Powder Mill Road and Odell 

Road in Beltsville, Maryland, for the purpose of facilitating the 

establishment of Bureau of Engraving and Printing facilities on 

the parcel. 

(b) LEGAL DESCRIPTION AND MAP.— 

(1) PREPARATION.—The Secretary shall prepare a legal 

description and map of the parcel of real property to be transferred under subsection (a). 

(2) FORCE OF LAW.—The legal description and map prepared under paragraph (1) shall have the same force and effect 

as if included in this Act, except that the Secretary may correct 

errors in the legal description and map. 

(c) TERMS AND CONDITIONS.—The transfer of administrative 

jurisdiction under subsection (a) shall be subject to easements, 

valid existing rights, and such other reservations, terms, and conditions as the Secretary considers to be necessary. 

(d) WAIVER.—The parcel of real property under subsection (a) 

is exempt from Federal screening for other possible use due to 

an identified Federal need for the parcel as the site of Bureau 

of Engraving and Printing facilities. 

(e) CONDITIONS FOR TRANSFER.—As a condition of the transfer 

of administrative jurisdiction under subsection (a) with respect 

to the parcel described in such subsection— 

(1) the Secretary of the Treasury shall agree to pay the 

Secretary the costs incurred to carry out such transfer, 

including the costs for— 


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132 STAT. 4826 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) any environmental or administrative analysis 

required by law with respect to the parcel to be so transferred; 

(B) a survey of such parcel, if necessary; and 

(C) any hazardous substances assessment of the parcel 

to be so transferred; and 

(2) except as provided in subsection (d), the Secretary shall 

enter into a binding memorandum of agreement with the Secretary of the Treasury regarding the responsibilities, including 

financial responsibilities, of each party for evaluating and, if 

necessary, remediating or otherwise addressing hazardous substances, pollutants, or contaminants found at the parcel 

described in subsection (a). 

(f) HAZARDOUS MATERIALS.—Nothing in this section, or the 

amendments made by this section, amends, alters, or affects the 

relevant Federal and State environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability 

Act of 1980 (42 U.S.C. 9601 et seq.), or the application of such 

laws to the parcel of real property transferred under subsection 

(a). 

SEC. 7603. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH. 

Section 7601 of the Agricultural Act of 2014 (7 U.S.C. 5939) 

is amended— 

(1) in subsection (d)(1)— 

(A) in subparagraph (B)— 

(i) in clause (ii), by striking ‘‘conflicts;’’ and 

inserting ‘‘conflicts, specifically at the Department of 

Agriculture; and’’; and 

(ii) by adding at the end the following new clause: 

‘‘(iii) document the consultation process and 

include a summary of the results in the annual report 

required in subsection (f)(3)(B)’’; and 

(B) in subparagraph (D), by inserting ‘‘and agriculture 

stakeholders’’ after ‘‘community’’; 

(2) in subsection (e)— 

(A) in paragraph (2)(C)(ii)(I), by inserting ‘‘agriculture 

or’’ before ‘‘agricultural research’’; and 

(B) in paragraph (4)(A)— 

(i) in clause (iii), by striking ‘‘and’’ at the end; 

(ii) by redesignating clause (iv) as clause (v); and 

(iii) by inserting after clause (iii) the following: 

‘‘(iv) actively solicit and accept funds, gifts, grants, 

devises, or bequests of real or personal property made 

to the Foundation, including from private entities; 

and’’; 

(3) in subsection (f)— 

(A) in paragraph (2)(A)(iii), by striking ‘‘any’’; and 

(B) in paragraph (3)(B)— 

(i) in clause (i)(I)— 

(I) in the matter preceding item (aa), by 

inserting ‘‘and post online’’ before ‘‘a report’’; 

(II) in item (aa), by striking ‘‘accomplishments; 

and’’ and inserting ‘‘accomplishments and how 

those activities align to the challenges identified 

in the strategic plan under clause (iv);’’; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4827 

(III) in item (bb), by striking the period at 

the end and inserting ‘‘; and’’; and 

(IV) by adding at the end the following: 

‘‘(cc) a description of available agricultural 

research programs and priorities for the 

upcoming fiscal year.’’; and 

(ii) by adding at the end the following: 

‘‘(iii) STAKEHOLDER NOTICE.—The Foundation shall 

publish an annual notice with a description of agricultural research priorities under this section for the 

upcoming fiscal year, including— 

‘‘(I) a schedule for funding competitions; 

‘‘(II) a discussion of how applications for 

funding will be evaluated; and 

‘‘(III) how the Foundation will communicate 

information about funded awards to the public 

to ensure that grantees and partners understand 

the objectives of the Foundation. 

‘‘(iv) STRATEGIC PLAN.—Not later than 1 year after 

the date of enactment of the Agriculture Improvement 

Act of 2018, the Foundation shall submit to the Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the Senate a strategic plan describing a path 

for the Foundation to become self-sustaining, 

including— 

‘‘(I) a forecast of major agricultural challenge 

opportunities identified by the scientific advisory 

councils of the Foundation and approved by the 

Board, including short- and long-term objectives; 

‘‘(II) an overview of the efforts that the 

Foundation will take to be transparent in each 

of the processes of the Foundation, including— 

‘‘(aa) processes relating to grant awards, 

including the selection, review, and notification processes; 

‘‘(bb) communication of past, current, and 

future research priorities; and 

‘‘(cc) plans to solicit and respond to public 

input on the opportunities identified in the 

strategic plan; 

‘‘(III) a description of financial goals and 

benchmarks for the next 10 years, including a 

detailed plan for— 

‘‘(aa) raising funds in amounts greater 

than the amounts required under subsection 

(g)(1)(B); 

‘‘(bb) soliciting additional resources pursuant to subsections (e)(4)(A)(iv) and (f)(2)(A)(iii); 

and 

‘‘(cc) managing and leveraging such 

resources pursuant to subsection (f)(2)(A)(vii); 

and 

‘‘(IV) other related issues, as determined by 

the Board.’’; and 

(4) in subsection (g)(1)— 


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132 STAT. 4828 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) in the paragraph heading, by striking ‘‘MANDATORY

FUNDING’’ and inserting ‘‘FUNDING’’; 

(B) in subparagraph (A)— 

(i) by striking ‘‘On the date’’ and inserting the 

following: 

‘‘(i) ESTABLISHMENT FUNDING.—On the date’’; and 

(ii) by adding at the end the following: 

‘‘(ii) ENHANCED FUNDING.—On the date on which 

the strategic plan described in subsection (f)(3)(B)(iv) 

is submitted, of the funds of the Commodity Credit 

Corporation, the Secretary shall transfer to the 

Foundation to carry out this section $185,000,000, to 

remain available until expended.’’; and 

(C) in subparagraph (B)— 

(i) by striking ‘‘The Foundation’’ and inserting the 

following: 

‘‘(i) IN GENERAL.—The Foundation’’; 

(ii) in clause (i) (as so designated)— 

(I) by striking ‘‘purposes’’ and inserting ‘‘purposes, duties, and powers’’; and 

(II) by striking ‘‘non-Federal matching funds 

for each expenditure’’ and inserting ‘‘matching 

funds from a non-Federal source, including an agricultural commodity promotion, research, and 

information program’’; and 

(iii) by adding at the end the following: 

‘‘(ii) EFFECT.—Nothing in this section requires the 

Foundation to require a matching contribution from 

an individual grantee as a condition of receiving a 

grant under this section.’’. 

SEC. 7604. ASSISTANCE FOR FORESTRY RESEARCH UNDER THE 

MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT. 

Section 2 of Public Law 87–788 (commonly known as the 

‘‘McIntire-Stennis Cooperative Forestry Act’’) (16 U.S.C. 582a–1) 

is amended in the second sentence— 

(1) by striking ‘‘and’’ before ‘‘1890 Institutions’’; and 

(2) by inserting ‘‘and 1994 Institutions (as defined in section 

532 of the Equity in Educational Land-Grant Status Act of 

1994 (7 U.S.C. 301 note; Public Law 103–382)) that offer an 

associate’s degree or a baccalaureate degree in forestry,’’ before 

‘‘and (b)’’. 

SEC. 7605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH. 

(a) IN GENERAL.—Section 7606 of the Agricultural Act of 2014 

(7 U.S.C. 5940) is amended— 

(1) by redesignating subsections (a) and (b) as subsections 

(b) and (a), respectively, and moving the subsections so as 

to appear in alphabetical order; 

(2) in subsection (a) (as so redesignated)— 

(A) by redesignating paragraph (3) as paragraph (4); 

and 

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

‘‘(3) STATE.—The term ‘State’ has the meaning given such 

term in section 297A of the Agricultural Marketing Act of 

1946.’’; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4829 

(3) in subsection (b) (as so redesignated), in the subsection 

heading, by striking ‘‘IN GENERAL’’ and inserting ‘‘INDUSTRIAL

HEMP RESEARCH’’; and 

(4) by adding at the end the following: 

‘‘(c) STUDY AND REPORT.— ‘‘(1) IN GENERAL.—The Secretary shall conduct a study 

of agricultural pilot programs— 

‘‘(A) to determine the economic viability of the domestic 

production and sale of industrial hemp; and 

‘‘(B) that shall include a review of— 

‘‘(i) each agricultural pilot program; and 

‘‘(ii) any other agricultural or academic research 

relating to industrial hemp. 

‘‘(2) REPORT.—Not later than 12 months after the date 

of enactment of this subsection, the Secretary shall submit 

to Congress a report describing the results of the study conducted under paragraph (1).’’. 

(b) REPEAL.—Effective on the date that is 1 year after the 

date on which the Secretary establishes a plan under section 297C 

of the Agricultural Marketing Act of 1946, section 7606 of the 

Agricultural Act of 2014 (7 U.S.C. 5940) is repealed. 

SEC. 7606. COLLECTION OF DATA RELATING TO BARLEY AREA 

PLANTED AND HARVESTED. 

For all acreage reports published after the date of enactment 

of this Act, the Secretary, acting through the Administrator of 

the National Agricultural Statistics Service, shall include the State 

of New York in the States surveyed to produce the table entitled 

‘‘Barley Area Planted and Harvested’’ in those reports. 

SEC. 7607. COLLECTION OF DATA RELATING TO THE SIZE AND LOCATION OF DAIRY FARMS. 

(a) IN GENERAL.—Not later than 60 days after the date on 

which the 2017 Census of Agriculture is released, the Secretary, 

acting through the Administrator of the Economic Research Service, 

shall update the report entitled ‘‘Changes in the Size and Location 

of US Dairy Farms’’ contained in the report of the Economic 

Research Service entitled ‘‘Profits, Costs, and the Changing Structure of Dairy Farming’’ and published in September 2007. 

(b) REQUIREMENT.—In updating the report described in subsection (a), the Secretary shall, to the maximum extent practicable, 

use the same unit of measurement for reporting the full range 

of herd sizes in Table 1 and Table 2 of the report while maintaining 

confidentiality of individual producers. 

SEC. 7608. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM. 

Section 6402 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 1632b) is amended— 

(1) in subsection (d)(2)— 

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

striking ‘‘representatives of each of the following groups’’ 

and inserting ‘‘a diverse group of representatives of public 

and private entities, including the following:’’; 

(B) in subparagraph (A), by striking ‘‘The 2’’ and 

inserting ‘‘Two’’; 

(C) in subparagraph (B), by inserting ‘‘or a State legislator,’’ after ‘‘agency,’’; and 

7 USC 5940 note. 


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132 STAT. 4830 PUBLIC LAW 115–334—DEC. 20, 2018 

(D) by amending subparagraph (C) to read as follows: 

‘‘(C) Four entities representing commodities produced 

in the State.’’; 

(2) in subsection (e)(1), by striking ‘‘subsection (i)’’ and 

inserting ‘‘subsection (g)’’; and 

(3) by striking subsections (g), (h), and (i) and inserting 

the following new subsection: 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $15,000,000 for each 

of fiscal years 2019 through 2023.’’. 

SEC. 7609. SMITH-LEVER COMMUNITY EXTENSION PROGRAM. 

(a) IN GENERAL.—Section 3(d) of the Smith-Lever Act (7 U.S.C. 

343(d)) is amended by adding at the end the following new sentence: 

‘‘A 1994 Institution (as defined in section 532 of the Equity in 

Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; 

Public Law 103–382)) may compete for and receive funds directly 

from the Secretary of Agriculture for the Children, Youth, and 

Families at Risk funding program and the Federally Recognized 

Tribes Extension Program.’’. 

(b) CONFORMING AMENDMENT.—Section 533(a)(2)(A) of the 

Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 

301 note; Public Law 103–382) is amended by striking clause (ii) 

and inserting the following: 

‘‘(ii) the Smith-Lever Act (7 U.S.C. 341 et seq.), 

except as provided under— 

‘‘(I) section 3(b)(3) of that Act (7 U.S.C. 

343(b)(3)); or 

‘‘(II) the third sentence of section 3(d) of that 

Act (7 U.S.C. 343(d)); or’’. 

SEC. 7610. MECHANIZATION AND AUTOMATION FOR SPECIALTY CROPS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall conduct a review of 

the programs of the Department of Agriculture that affect the 

production or processing of specialty crops. 

(b) REQUIREMENTS.—The review under subsection (a) shall identify— 

(1) programs that currently are, or previously have been, 

effectively used to accelerate the development and use of automation or mechanization in the production or processing of 

specialty crops; and 

(2) programs that may be more effectively used to accelerate 

the development and use of automation or mechanization in 

the production or processing of specialty crops. 

(c) STRATEGY.—With respect to programs identified under subsection (b), the Secretary shall develop and implement a strategy 

to accelerate the development and use of automation and mechanization in the production or processing of specialty crops. 

SEC. 7611. EXPERIENCED SERVICES PROGRAM. 

Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) 

is amended— 

(1) in the section heading, by striking ‘‘AGRICULTURE CONSERVATION’’; 

(2) in subsection (a)— 

(A) in the first sentence— 

(i) by striking ‘‘a conservation’’ and inserting ‘‘an’’; 

7 USC 7632 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4831 

(ii) by striking ‘‘(in this section referred to as the 

‘ACES Program’)’’ and inserting ‘‘(referred to in this 

section as the ‘program’)’’; and 

(iii) by striking ‘‘provide technical’’ and inserting 

the following: ‘‘provide— 

‘‘(1) technical’’; and 

(B) in paragraph (1) (as so designated)— 

(i) by striking ‘‘Secretary. Such technical services 

may include’’ and inserting ‘‘Secretary, including’’; 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(2) technical, professional, and administrative services to 

support the research, education, and economics mission area 

of the Department of Agriculture (including the Agricultural 

Research Service, the Economic Research Service, the National 

Agricultural Library, the National Agricultural Statistics 

Service, the Office of the Chief Scientist, and the National 

Institute of Food and Agriculture), including— 

‘‘(A) supporting agricultural research and information; 

‘‘(B) advancing scientific knowledge relating to agriculture; 

‘‘(C) enhancing access to agricultural information; 

‘‘(D) providing statistical information and research 

results to farmers, ranchers, agribusiness, and public officials; and 

‘‘(E) assisting research, education, and extension programs in land-grant colleges and universities (as defined 

in section 1404 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103)).’’; 

(3) by striking ‘‘ACES’’ each place it appears; 

(4) by striking ‘‘technical services’’ each place it appears 

(other than in subsection (a)) and inserting ‘‘technical, professional, or administrative services, as applicable,’’; and 

(5) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking the paragraph heading and inserting 

‘‘CONSERVATION TECHNICAL SERVICES.—’’; and 

(ii) by inserting ‘‘with respect to subsection (a)(1),’’ 

before ‘‘the Secretary’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(3) RESEARCH, EDUCATION, AND ECONOMICS SERVICES.— 

With respect to services referred to in subsection (a)(2), the 

Secretary may carry out the program under the mission area 

referred to in such subsection to the extent that funds are 

specifically appropriated to provide such services under such 

mission area.’’. 

SEC. 7612. SIMPLIFIED PLAN OF WORK. 

(a) SMITH-LEVER ACT.—The Smith-Lever Act is amended— 

(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking 

subparagraph (D); and 

(2) in section 4(c) (7 U.S.C. 344(c)), by striking paragraphs 

(1) through (5) and inserting the following new paragraphs: 

‘‘(1) A summary of planned projects or programs in the 

State using formula funds. 


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132 STAT. 4832 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(2) A description of the manner in which the State will 

meet the requirements of section 3(h). 

‘‘(3) A description of the manner in which the State will 

meet the requirements of section 3(i)(2) of the Hatch Act of 

1887 (7 U.S.C. 361c(i)(2)). 

‘‘(4) A description of matching funds provided by the State 

with respect to the previous fiscal year.’’. 

(b) HATCH ACT.—The Hatch Act of 1887 is amended— 

(1) in section 3 (7 U.S.C. 361c)— 

(A) by amending subsection (h) to read as follows: 

‘‘(h) PEER REVIEW.—Research carried out under subsection (c)(3) 

shall be subject to scientific peer review. The review of a project 

conducted under this subsection shall be considered to satisfy the 

merit review requirements of section 103(e) of the Agricultural 

Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 

7613(e)).’’; and 

(B) in subsection (i)(2), by striking subparagraph (D); 

and 

(2) in section 7(e) (7 U.S.C. 361g(e)), by striking paragraphs 

(1) through (4) and inserting the following new paragraphs: 

‘‘(1) A summary of planned projects or programs in the 

State using formula funds. 

‘‘(2) A description of the manner in which the State will 

meet the requirements of subsections (c)(3) and (i)(2) of section 

3. 

‘‘(3) A description of matching funds provided by the State 

with respect to the previous fiscal year.’’. 

(c) EXTENSION AND RESEARCH AT 1890 INSTITUTIONS.— 

(1) EXTENSION.—Section 1444(d)(3) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 

(7 U.S.C. 3221(d)(3)) is amended by striking subparagraphs 

(A) through (E) and inserting the following new subparagraphs: 

‘‘(A) A summary of planned projects or programs in 

the State using formula funds. 

‘‘(B) A description of matching funds provided by the 

State with respect to the previous fiscal year.’’. 

(2) RESEARCH.—Section 1445(c)(3) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 

(7 U.S.C. 3222(c)(3)) is amended by striking subparagraphs 

(A) through (E) and inserting the following new subparagraphs: 

‘‘(A) A summary of planned projects or programs in 

the State using formula funds. 

‘‘(B) A description of matching funds provided by the 

State with respect to the previous fiscal year.’’. 

SEC. 7613. REVIEW OF LAND-GRANT TIME AND EFFORT REPORTING 

REQUIREMENTS. 

(a) IN GENERAL.—The Secretary, in consultation with the Office 

of Management and Budget, shall review and revise current 

reporting requirements related to compensation charges, documentation of personnel expenses, and other requirements that are 

commonly referred to as time and effort reporting for entities that 

receive funds under a program referred to in clause (iii), (iv), (vii), 

(viii), or (xii) of section 251(f)(1)(C) of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)). 

(b) REVISIONS.—The Secretary shall ensure that any revision 

made pursuant to subsection (a)— 

7 USC 343 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4833 

(1) is developed in collaboration with entities described 

in subsection (a); and 

(2) reduces the amount of paperwork and time required 

by the requirements referred to in such subsection, as such 

requirements are in effect on the date of the enactment of 

this Act. 

SEC. 7614. MATCHING FUNDS REQUIREMENT. 

(a) REPEAL.—Subtitle P of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) is 

repealed. 

(b) CONFORMING AMENDMENTS.— 

(1) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND

TEACHING POLICY ACT OF 1977.— 

(A) GRANTS TO ENHANCE RESEARCH CAPACITY IN

SCHOOLS OF VETERINARY MEDICINE.—Section 1415(a) of the 

National Agricultural Research, Extension, and Teaching 

Policy Act of 1977 (7 U.S.C. 3151(a)) is amended— 

(i) by striking ‘‘The Secretary’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(ii) by adding at the end the following: 

‘‘(2) MATCHING REQUIREMENT.—A State receiving a grant 

under paragraph (1) shall provide State matching funds equal 

to not less than the amount of the grant.’’. 

(B) AQUACULTURE ASSISTANCE GRANT PROGRAM.—Section 1475(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) 

is amended by striking ‘‘The Secretary’’ and all that follows 

through the period at the end and inserting the following: 

‘‘(1) IN GENERAL.—Subject to paragraph (3), the Secretary 

may make competitive grants to entities eligible for grants 

under paragraph (2) for research and extension to facilitate 

or expand promising advances in the production and marketing 

of aquacultural food species and products and to enhance the 

safety and wholesomeness of those species and products, 

including the development of reliable supplies of seed stock 

and therapeutic compounds. 

‘‘(2) ELIGIBLE ENTITIES.—The Secretary may make a 

competitive grant under paragraph (1) to— 

‘‘(A) a land-grant or seagrant college or university; 

‘‘(B) a State agricultural experiment station; 

‘‘(C) a college, university, or Federal laboratory having 

a demonstrable capacity to conduct aquacultural research, 

as determined by the Secretary; or 

‘‘(D) a nonprofit private research institution. 

‘‘(3) MATCHING STATE GRANTS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Secretary shall not make a grant under paragraph 

(1) unless the State in which the grant recipient is located 

makes a grant to that recipient in an amount equal to 

not less than the amount of the grant under paragraph 

(1) (of which State amount an in-kind contribution shall 

not exceed 50 percent). 

‘‘(B) FEDERAL LABORATORIES.—Subparagraph (A) shall 

not apply to a grant to a Federal laboratory.’’. 


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132 STAT. 4834 PUBLIC LAW 115–334—DEC. 20, 2018 

(C) RANGELAND RESEARCH.—Section 1480 of the 

National Agricultural Research, Extension, and Teaching 

Policy Act of 1977 (7 U.S.C. 3333) is amended— 

(i) by striking ‘‘The Secretary’’ and inserting ‘‘(a) 

IN GENERAL.—The Secretary’’; and 

(ii) by adding at the end the following new subsection: 

‘‘(b) MATCHING REQUIREMENTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

this grant program shall be based on a matching formula 

of 50 percent Federal and 50 percent non-Federal funding 

(including funding from an agricultural commodity promotion, 

research, and information program). 

‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to a grant 

to a Federal laboratory or a grant under subsection (a)(2).’’. 

(2) FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT

OF 1990.— 

(A) FEDERAL-STATE MATCHING GRANT PROGRAM.—Section 1623(d)(2) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by 

striking the second sentence. 

(B) AGRICULTURAL GENOME INITIATIVE.—Section 1671 

of the Food, Agriculture, Conservation, and Trade Act of 

1990 (7 U.S.C. 5924) (as amended by section 7208) is 

amended— 

(i) by redesignating subsection (f) as subsection 

(g); and 

(ii) by inserting after subsection (e) the following: 

‘‘(f) MATCHING FUNDS REQUIREMENT.— 

‘‘(1) IN GENERAL.—Subject to paragraph (3), with respect 

to a grant or cooperative agreement under this section that 

provides a particular benefit to a specific agricultural commodity, the recipient of funds under the grant or cooperative 

agreement shall provide non-Federal matching funds (including 

funds from an agricultural commodity promotion, research, and 

information program) equal to not less than the amount provided under the grant or cooperative agreement. 

‘‘(2) IN-KIND SUPPORT.—Non-Federal matching funds 

described in paragraph (1) may include in-kind support. 

‘‘(3) WAIVER.—The Secretary may waive the matching funds 

requirement under paragraph (1) with respect to a research 

project if the Secretary determines that— 

‘‘(A) the results of the project are of a particular benefit 

to a specific agricultural commodity, but those results are 

likely to be applicable to agricultural commodities generally; or 

‘‘(B)(i) the project— 

‘‘(I) involves a minor commodity; and 

‘‘(II) deals with scientifically important research; 

and 

‘‘(ii) the recipient is unable to satisfy the matching 

funds requirement.’’. 

(C) HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.—Section 1672(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(a)) is amended— 

(i) by striking ‘‘The Secretary of Agriculture’’ and 

inserting the following: 


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‘‘(1) IN GENERAL.—The Secretary of Agriculture’’; 

(ii) in paragraph (1) (as so designated), in the 

second sentence, by striking ‘‘The Secretary shall’’ and 

inserting the following: 

‘‘(3) CONSULTATION.—The Secretary shall’’; and 

(iii) by inserting after paragraph (1) the following: 

‘‘(2) MATCHING FUNDS REQUIREMENT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (C), an 

entity receiving a grant under paragraph (1) shall provide 

non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information 

program) equal to not less than the amount of the grant. 

‘‘(B) IN-KIND SUPPORT.—Non-Federal matching funds 

described in subparagraph (A) may include in-kind support. 

‘‘(C) WAIVER.—The Secretary may waive the matching 

funds requirement under subparagraph (A) with respect 

to a research project if the Secretary determines that— 

‘‘(i) the results of the project are of a particular 

benefit to a specific agricultural commodity, but those 

results are likely to be applicable to agricultural 

commodities generally; or 

‘‘(ii)(I) the project— 

‘‘(aa) involves a minor commodity; and 

‘‘(bb) deals with scientifically important 

research; and 

‘‘(II) the recipient is unable to satisfy the matching 

funds requirement.’’. 

(D) ORGANIC AGRICULTURE RESEARCH AND EXTENSION

INITIATIVE.—Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as 

amended by section 7210) is amended— 

(i) by redesignating subsections (c), (d), and (e) 

as subsections (d), (e), and (f), respectively; and 

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

‘‘(c) MATCHING REQUIREMENT.— ‘‘(1) IN GENERAL.—Subject to paragraph (3), an entity 

receiving a grant under subsection (a) shall provide non-Federal 

matching funds (including funds from an agricultural commodity promotion, research, and information program) equal 

to not less than the amount of the grant. 

‘‘(2) IN-KIND SUPPORT.—Non-Federal matching funds 

described in paragraph (1) may include in-kind support. 

‘‘(3) WAIVER.—The Secretary may waive the matching funds 

requirement under paragraph (1) with respect to a research 

project if the Secretary determines that— 

‘‘(A) the results of the project are of a particular benefit 

to a specific agricultural commodity, but those results are 

likely to be applicable to agricultural commodities generally; or 

‘‘(B)(i) the project— 

‘‘(I) involves a minor commodity; and 

‘‘(II) deals with scientifically important research; 

and 

‘‘(ii) the recipient is unable to satisfy the matching 

funds requirement.’’. 

(3) AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION

REFORM ACT OF 1998.— 


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132 STAT. 4836 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) INTEGRATED RESEARCH, EDUCATION, AND EXTENSION

COMPETITIVE GRANTS PROGRAM.—Section 406 of the Agricultural Research, Extension, and Education Reform Act of 

1998 (7 U.S.C. 7626) is amended— 

(i) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and 

(ii) by inserting after subsection (c) the following: 

‘‘(d) MATCHING FUNDS REQUIREMENT.— ‘‘(1) IN GENERAL.—Subject to paragraph (3), with respect 

to a grant under this section that provides a particular benefit 

to a specific agricultural commodity, the recipient of the grant 

shall provide non-Federal matching funds (including funds from 

an agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant. 

‘‘(2) IN-KIND SUPPORT.—Non-Federal matching funds 

described in paragraph (1) may include in-kind support. 

‘‘(3) WAIVER.—The Secretary may waive the matching funds 

requirement under paragraph (1) with respect to a grant if 

the Secretary determines that— 

‘‘(A) the results of the grant are of a particular benefit 

to a specific agricultural commodity, but those results are 

likely to be applicable to agricultural commodities generally; or 

‘‘(B)(i) the grant— 

‘‘(I) involves a minor commodity; and 

‘‘(II) deals with scientifically important research; 

and 

‘‘(ii) the recipient is unable to satisfy the matching 

funds requirement.’’. 

(B) SPECIALTY CROP RESEARCH INITIATIVE.—Section 

412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)) is amended— 

(i) by redesignating paragraph (3) as paragraph 

(4); and 

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

‘‘(3) MATCHING REQUIREMENT.— 

‘‘(A) IN GENERAL.—An entity receiving a grant under 

this section shall provide non-Federal matching funds 

(including funds from an agricultural commodity promotion, research, and information program) equal to not 

less than the amount of the grant. 

‘‘(B) IN-KIND SUPPORT.—Non-Federal matching funds 

described in subparagraph (A) may include in-kind support.’’. 

(4) OTHER LAWS.— 

(A) SUN GRANT PROGRAM.—Section 7526(c)(1)(C)(iv) of 

the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 

8114(c)(1)(C)(iv)) is amended by striking subclause (IV). 

(B) AGRICULTURE AND FOOD RESEARCH INITIATIVE.— 

Subsection (b)(9) of the Competitive, Special, and Facilities 

Research Grant Act (7 U.S.C. 3157(b)(9)) is amended— 

(i) in subparagraph (A), by striking clause (iii); 

(ii) in subparagraph (B)— 

(I) in clause (i), by striking ‘‘clauses (ii) and 

(iii),’’ and inserting ‘‘clause (ii),’’; and 

(II) by striking clause (iii); and 

(iii) by adding at the end the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4837 

‘‘(C) APPLIED RESEARCH.—An entity receiving a grant 

under paragraph (5)(B) for applied research that is commodity-specific and not of national scope shall provide nonFederal matching funds equal to not less than the amount 

of the grant.’’. 

(c) APPLICATION OF AMENDMENTS.— (1) AWARDS MADE AFTER DATE OF ENACTMENT.—The amendments made by subsections (a) and (b) shall apply with respect 

to grants, cooperative agreements, or other awards described 

in subsection (b) that are made after the date of the enactment 

of this Act. 

(2) AWARDS MADE ON OR BEFORE DATE OF ENACTMENT.— Notwithstanding the amendments made by subsections (a) and 

(b), a matching funds requirement in effect on the day before 

the date of enactment of this Act under a provision of law 

amended by subsection (a) or (b) shall continue to apply to 

a grant, cooperative agreement, or other award described in 

subsection (b) that is made on or before the date of the enactment of this Act. 

TITLE VIII—FORESTRY 

Subtitle A—Cooperative Forestry 

Assistance Act of 1978 

SEC. 8101. SUPPORT FOR STATE ASSESSMENTS AND STRATEGIES FOR 

FOREST RESOURCES. 

Section 2A(f)(1) of the Cooperative Forestry Assistance Act of 

1978 (16 U.S.C. 2101a(f)(1)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 8102. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM. 

(a) IN GENERAL.—Section 13A of the Cooperative Forestry 

Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as 

follows: 

‘‘SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage 

collaborative, science-based restoration of priority forest landscapes. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304). 

‘‘(2) NONINDUSTRIAL PRIVATE FOREST LAND.—The term ‘nonindustrial private forest land’ means land that— 

‘‘(A) is rural, as determined by the Secretary; 

‘‘(B) has existing tree cover or is suitable for growing 

trees; and 

‘‘(C) is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity. 

‘‘(3) STATE FOREST LAND.—The term ‘State forest land’ 

means land that— 

‘‘(A) is rural, as determined by the Secretary; and 

7 USC 3151 note. 


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‘‘(B) is under State or local governmental ownership 

and considered to be non-Federal forest land. 

‘‘(c) ESTABLISHMENT.—The Secretary, in consultation with State 

foresters or appropriate State agencies, shall establish a competitive 

grant program to provide financial and technical assistance to 

encourage collaborative, science-based restoration of priority forest 

landscapes. 

‘‘(d) ELIGIBILITY.—To be eligible to receive a grant under this 

section, an applicant shall submit to the Secretary, through the 

State forester or appropriate State agency, a State and private 

forest landscape-scale restoration proposal based on a restoration 

strategy that— 

‘‘(1) is complete or substantially complete; 

‘‘(2) is for a multiyear period; 

‘‘(3) covers nonindustrial private forest land or State forest 

land; 

‘‘(4) is accessible by wood-processing infrastructure; and 

‘‘(5) is based on the best available science. 

‘‘(e) PLAN CRITERIA.—A State and private forest landscapescale restoration proposal submitted under this section shall include 

plans— 

‘‘(1) to reduce the risk of uncharacteristic wildfires; 

‘‘(2) to improve fish and wildlife habitats, including the 

habitats of threatened and endangered species; 

‘‘(3) to maintain or improve water quality and watershed 

function; 

‘‘(4) to mitigate invasive species, insect infestation, and 

disease; 

‘‘(5) to improve important forest ecosystems; 

‘‘(6) to measure ecological and economic benefits, including 

air quality and soil quality and productivity; and 

‘‘(7) to take other relevant actions, as determined by the 

Secretary. 

‘‘(f) PRIORITIES.—In making grants under this section, the Secretary shall give priority to plans that— 

‘‘(1) further a statewide forest assessment and resource 

strategy; 

‘‘(2) promote cross boundary landscape collaboration; and 

‘‘(3) leverage public and private resources. 

‘‘(g) COLLABORATION AND CONSULTATION.—The Chief of the 

Forest Service, the Chief of the Natural Resources Conservation 

Service, and relevant stakeholders shall collaborate and consult 

on an ongoing basis regarding— 

‘‘(1) administration of the program established under this 

section; and 

‘‘(2) identification of other applicable resources for landscape-scale restoration. 

‘‘(h) MATCHING FUNDS REQUIRED.—As a condition of receiving 

a grant under this section, the Secretary shall require the recipient 

of the grant to provide funds or in-kind support from non-Federal 

sources in an amount that is at least equal to the amount of 

Federal funds. 

‘‘(i) COORDINATION AND PROXIMITY ENCOURAGED.—In making 

grants under this section, the Secretary may consider coordination 

with and proximity to other landscape-scale projects on other land 

under the jurisdiction of the Secretary, the Secretary of the Interior, 

or a Governor of a State, including under— 


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‘‘(1) the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public 

Land Management Act of 2009 (16 U.S.C. 7303); 

‘‘(2) landscape areas designated for insect and disease treatments under section 602 of the Healthy Forests Restoration 

Act of 2003 (16 U.S.C. 6591a); 

‘‘(3) good neighbor authority under section 19; 

‘‘(4) stewardship end result contracting projects authorized 

under section 604 of the Healthy Forests Restoration Act of 

2003 (16 U.S.C. 6591c); 

‘‘(5) appropriate State-level programs; and 

‘‘(6) other relevant programs, as determined by the Secretary. 

‘‘(j) REGULATIONS.—The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this 

section. 

‘‘(k) REPORT.—Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and the Committee 

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

on— 

‘‘(1) the status of development, execution, and administration of selected projects; 

‘‘(2) the accounting of program funding expenditures; and 

‘‘(3) specific accomplishments that have resulted from landscape-scale projects. 

‘‘(l) FUND.— ‘‘(1) IN GENERAL.—There is established in the Treasury 

a fund, to be known as the ‘State and Private Forest LandscapeScale Restoration Fund’ (referred to in this subsection as the 

‘Fund’), to be used by the Secretary to make grants under 

this section. 

‘‘(2) CONTENTS.—The Fund shall consist of such amounts 

as are appropriated to the Fund under paragraph (3). 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $20,000,000 for each fiscal 

year beginning with the first full fiscal year after the date 

of enactment of this subsection through fiscal year 2023, to 

remain available until expended.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 13B of the Cooperative Forestry Assistance 

Act of 1978 (16 U.S.C. 2109b) is repealed. 

(2) Section 19(a)(4)(C) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by 

striking ‘‘sections 13A and 13B’’ and inserting ‘‘section 13A’’. 

Subtitle B—Forest and Rangeland 

Renewable Resources Research Act of 1978 

SEC. 8201. REPEAL OF RECYCLING RESEARCH. 

Section 9 of the Forest and Rangeland Renewable Resources 

Research Act of 1978 (16 U.S.C. 1648) is repealed. 

SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM. 

Section 10 of the Forest and Rangeland Renewable Resources 

Research Act of 1978 (16 U.S.C. 1649) is repealed. 


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Subtitle C—Global Climate Change 

Prevention Act of 1990 

SEC. 8301. REPEALS RELATING TO BIOMASS. 

(a) BIOMASS ENERGY DEMONSTRATION PROJECTS.—Section 2410 

of the Global Climate Change Prevention Act of 1990 (7 U.S.C. 

6708) is repealed. 

(b) INTERAGENCY COOPERATION TO MAXIMIZE BIOMASS

GROWTH.—Section 2411 of the Global Climate Change Prevention 

Act of 1990 (7 U.S.C. 6709) is amended in the matter preceding 

paragraph (1) by striking ‘‘to—’’ and all that follows through ‘‘such 

forests and lands’’ in paragraph (2) and inserting ‘‘to develop a 

program to manage forests and land on Department of Defense 

military installations’’. 

Subtitle D—Healthy Forests Restoration 

Act of 2003 

SEC. 8401. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION. 

Section 103 of the Healthy Forests Restoration Act of 2003 

(16 U.S.C. 6513) is amended by adding at the end the following: 

‘‘(e) CROSS-BOUNDARY HAZARDOUS FUEL REDUCTION

PROJECTS.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) HAZARDOUS FUEL REDUCTION PROJECT.—The term 

‘hazardous fuel reduction project’ means a hazardous fuel 

reduction project described in paragraph (2). 

‘‘(B) NON-FEDERAL LAND.—The term ‘non-Federal land’ 

includes— 

‘‘(i) State land; 

‘‘(ii) county land; 

‘‘(iii) Tribal land; 

‘‘(iv) private land; and 

‘‘(v) other non-Federal land. 

‘‘(2) GRANTS.—The Secretary may make grants to State 

foresters to support hazardous fuel reduction projects that 

incorporate treatments in landscapes across ownership boundaries on Federal and non-Federal land, particularly in areas 

identified as priorities in applicable State-wide forest resource 

assessments or strategies under section 2A(a) of the Cooperative 

Forestry Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the State forester and the Regional Forester. 

‘‘(3) LAND TREATMENTS.—To conduct and fund treatments 

for hazardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may 

use the authorities of the Secretary relating to cooperation 

and technical and financial assistance, including the good 

neighbor authority under— 

‘‘(A) section 8206 of the Agricultural Act of 2014 (16 

U.S.C. 2113a); and 

‘‘(B) section 331 of the Department of the Interior 

and Related Agencies Appropriations Act, 2001 (16 U.S.C. 

1011 note; Public Law 106–291). 


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‘‘(4) COOPERATION.—In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal 

land, the State forester, in consultation with the Secretary— 

‘‘(A) shall consult with any applicable owners of the 

non-Federal land; and 

‘‘(B) shall not implement the hazardous fuel reduction 

project on non-Federal land without the consent of the 

owner of the non-Federal land. 

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $20,000,000 

for each of fiscal years 2019 through 2023.’’. 

SEC. 8402. AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS 

FUEL REDUCTION ON FEDERAL LAND. 

Section 108 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6518) is amended by striking ‘‘$760,000,000 for each 

fiscal year’’ and inserting ‘‘$660,000,000 for each of fiscal years 

2019 through 2023’’. 

SEC. 8403. REPEAL OF BIOMASS COMMERCIAL UTILIZATION GRANT 

PROGRAM. 

(a) IN GENERAL.—Section 203 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6531) is repealed. 

(b) CONFORMING AMENDMENT.—The table of contents for the 

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 

Public Law 108–148) is amended by striking the item relating 

to section 203. 

SEC. 8404. WATER SOURCE PROTECTION PROGRAM. 

(a) IN GENERAL.—Title III of the Healthy Forests Restoration 

Act of 2003 (16 U.S.C. 6541 et seq.) is amended by adding at 

the end the following: 

‘‘SEC. 303. WATER SOURCE PROTECTION PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) END WATER USER.—The term ‘end water user’ means 

a non-Federal entity, including— 

‘‘(A) a State; 

‘‘(B) a political subdivision of a State; 

‘‘(C) an Indian tribe; 

‘‘(D) a utility; 

‘‘(E) a municipal water system; 

‘‘(F) an irrigation district; 

‘‘(G) a nonprofit organization; and 

‘‘(H) a corporation. 

‘‘(2) FOREST MANAGEMENT ACTIVITY.—The term ‘forest 

management activity’ means a project carried out by the Secretary on National Forest System land. 

‘‘(3) FOREST PLAN.—The term ‘forest plan’ means a land 

management plan prepared by the Forest Service for a unit 

of the National Forest System pursuant to section 6 of the 

Forest and Rangeland Renewable Resources Planning Act of 

1974 (16 U.S.C. 1604). 

‘‘(4) NON-FEDERAL PARTNER.—The term ‘non-Federal 

partner’ means an end water user with whom the Secretary 

has entered into a partnership agreement under subsection 

(c)(1). 

16 USC 6542. 


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‘‘(5) PROGRAM.—The term ‘Program’ means the Water 

Source Protection Program established under subsection (b). 

‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Agriculture, acting through the Chief of the Forest Service. 

‘‘(7) WATER SOURCE MANAGEMENT PLAN.—The term ‘water 

source management plan’ means the water source management 

plan developed under subsection (d)(1). 

‘‘(b) ESTABLISHMENT.—The Secretary shall establish and maintain a program, to be known as the ‘Water Source Protection Program’, to carry out watershed protection and restoration projects 

on National Forest System land. 

‘‘(c) WATER SOURCE INVESTMENT PARTNERSHIPS.— 

‘‘(1) IN GENERAL.—In carrying out the Program, the Secretary may enter into water source investment partnership 

agreements with end water users to protect and restore the 

condition of National Forest watersheds that provide water 

to the end water users. 

‘‘(2) FORM.—A partnership agreement described in paragraph (1) may take the form of— 

‘‘(A) a memorandum of understanding; 

‘‘(B) a cost-share or collection agreement; 

‘‘(C) a long-term funding matching commitment; or 

‘‘(D) another appropriate instrument, as determined 

by the Secretary. 

‘‘(d) WATER SOURCE MANAGEMENT PLAN.— 

‘‘(1) IN GENERAL.—In carrying out the Program, the Secretary, in cooperation with the non-Federal partners and 

applicable State, local, and Tribal governments, may develop 

a water source management plan that describes the proposed 

implementation of watershed protection and restoration projects 

under the Program. 

‘‘(2) REQUIREMENT.—A water source management plan 

shall be conducted in a manner consistent with the forest 

plan applicable to the National Forest System land on which 

the watershed protection and restoration project is carried out. 

‘‘(3) ENVIRONMENTAL ANALYSIS.—The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.)— 

‘‘(A) for each watershed protection and restoration 

project included in the water source management plan; 

or 

‘‘(B) as part of the development of, or after the finalization of, the water source management plan. 

‘‘(e) FOREST MANAGEMENT ACTIVITIES.— 

‘‘(1) IN GENERAL.—To the extent that forest management 

activities are necessary to protect, maintain, or enhance water 

quality, and in accordance with paragraph (2), the Secretary 

shall carry out forest management activities as part of watershed protection and restoration projects carried out on National 

Forest System land, with the primary purpose of— 

‘‘(A) protecting a municipal water supply system; 

‘‘(B) restoring forest health from insect infestations 

and disease; or 

‘‘(C) any combination of the purposes described in subparagraphs (A) and (B). 


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‘‘(2) COMPLIANCE.—The Secretary shall carry out forest 

management activities under paragraph (1) in accordance 

with— 

‘‘(A) this Act; 

‘‘(B) the applicable water source management plan; 

‘‘(C) the applicable forest plan; and 

‘‘(D) other applicable laws. 

‘‘(f) ENDANGERED SPECIES ACT OF 1973.—In carrying out the 

Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated 

guidance, to comply with the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

‘‘(g) FUNDS AND SERVICES.— ‘‘(1) IN GENERAL.—In carrying out the Program, the Secretary may accept and use funding, services, and other forms 

of investment and assistance from non-Federal partners to 

implement the water source management plan. 

‘‘(2) MATCHING FUNDS REQUIRED.—The Secretary shall 

require the contribution of funds or in-kind support from nonFederal partners to be in an amount that is at least equal 

to the amount of Federal funds. 

‘‘(3) MANNER OF USE.—The Secretary may accept and use 

investments described in paragraph (1) directly or indirectly 

through the National Forest Foundation. 

‘‘(4) WATER SOURCE PROTECTION FUND.— 

‘‘(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary may establish a Water Source 

Protection Fund to match funds or in-kind support contributed by non-Federal partners under paragraph (1). 

‘‘(B) USE OF APPROPRIATED FUNDS.—There is authorized to be appropriated to carry out this section $10,000,000 

for each of fiscal years 2019 through 2023. 

‘‘(C) PARTNERSHIP AGREEMENTS.—The Secretary may 

make multiyear commitments, if necessary, to implement 

1 or more partnership agreements under subsection (c).’’. 

(b) CONFORMING AMENDMENT.—The table of contents for the 

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 

Public Law 108–148) is amended by striking the item relating 

to section 303 and inserting the following: 

‘‘Sec. 303. Water Source Protection Program.’’. 

SEC. 8405. WATERSHED CONDITION FRAMEWORK. 

(a) IN GENERAL.—Title III of the Healthy Forests Restoration 

Act of 2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a)) 

is amended by adding at the end the following: 

‘‘SEC. 304. WATERSHED CONDITION FRAMEWORK. 

‘‘(a) IN GENERAL.—The Secretary of Agriculture, acting through 

the Chief of the Forest Service (referred to in this section as 

the ‘Secretary’), may establish and maintain a Watershed Condition 

Framework for National Forest System land— 

‘‘(1) to evaluate and classify the condition of watersheds, 

taking into consideration— 

‘‘(A) water quality and quantity; 

‘‘(B) aquatic habitat and biota; 

‘‘(C) riparian and wetland vegetation; 

‘‘(D) the presence of roads and trails; 

16 USC 6543. 


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‘‘(E) soil type and condition; 

‘‘(F) groundwater-dependent ecosystems; 

‘‘(G) relevant terrestrial indicators, such as fire regime, 

risk of catastrophic fire, forest and rangeland vegetation, 

invasive species, and insects and disease; and 

‘‘(H) other significant factors, as determined by the 

Secretary; 

‘‘(2) to identify for protection and restoration up to 5 priority 

watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration 

the impact of the condition of the watershed condition on— 

‘‘(A) wildfire behavior; 

‘‘(B) flood risk; 

‘‘(C) fish and wildlife; 

‘‘(D) drinking water supplies; 

‘‘(E) irrigation water supplies; 

‘‘(F) forest-dependent communities; and 

‘‘(G) other significant impacts, as determined by the 

Secretary; 

‘‘(3) to develop a watershed protection and restoration 

action plan for each priority watershed that— 

‘‘(A) takes into account existing restoration activities 

being implemented in the watershed; and 

‘‘(B) includes, at a minimum— 

‘‘(i) the major stressors responsible for the impaired 

condition of the watershed; 

‘‘(ii) a set of essential projects that, once completed, 

will address the identified stressors and improve watershed conditions; 

‘‘(iii) a proposed implementation schedule; 

‘‘(iv) potential partners and funding sources; and 

‘‘(v) a monitoring and evaluation program; 

‘‘(4) to prioritize protection and restoration activities for 

each watershed restoration action plan; 

‘‘(5) to implement each watershed protection and restoration action plan; and 

‘‘(6) to monitor the effectiveness of protection and restoration actions and indicators of watershed health. 

‘‘(b) COORDINATION.—In carrying out subsection (a), the Secretary shall— 

‘‘(1) coordinate with interested non-Federal landowners and 

State, Tribal, and local governments within the relevant watershed; and 

‘‘(2) provide for an active and ongoing public engagement 

process. 

‘‘(c) EMERGENCY DESIGNATION.—Notwithstanding paragraph (2) 

of subsection (a), the Secretary may identify a watershed as a 

priority for rehabilitation in the Watershed Condition Framework 

without using the process described in that subsection if a Forest 

Supervisor determines that— 

‘‘(1) a wildfire has significantly diminished the condition 

of the watershed; and 

‘‘(2) the emergency stabilization activities of the Burned 

Area Emergency Response Team are insufficient to return the 

watershed to proper function.’’. 

(b) CONFORMING AMENDMENT.—The table of contents for the 

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4845 

Public Law 108–148) (as amended by section 8404(b)) is amended 

by inserting after the item relating to section 303 the following: 

‘‘Sec. 304. Watershed Condition Framework.’’. 

SEC. 8406. AUTHORIZATION OF APPROPRIATIONS TO COMBAT INSECT 

INFESTATIONS AND RELATED DISEASES. 

(a) IN GENERAL.—Section 406 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6556) is amended to read as follows: 

‘‘SEC. 406. TERMINATION OF EFFECTIVENESS. 

‘‘The authority provided by this title terminates effective 

October 1, 2023.’’. 

(b) CONFORMING AMENDMENT.—The table of contents for the 

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 

Public Law 108–148) is amended by striking the item relating 

to section 406 and inserting the following: 

‘‘Sec. 406. Termination of effectiveness.’’. 

SEC. 8407. HEALTHY FORESTS RESTORATION ACT OF 2003 AMENDMENTS. 

(a) HEALTHY FORESTS RESERVE PROGRAM.— (1) ADDITIONAL PURPOSE OF PROGRAM.—Section 501(a) of 

the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) 

is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (2); 

(B) by redesignating paragraph (3) as paragraph (4); 

and 

(C) by inserting after paragraph (2) the following new 

paragraph: 

‘‘(3) to conserve forest land that provides habitat for species 

described in section 502(b); and’’. 

(2) ELIGIBILITY FOR ENROLLMENT.—Subsection (b) of section 

502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

6572) is amended to read as follows: 

‘‘(b) ELIGIBILITY.—To be eligible for enrollment in the healthy 

forests reserve program, land shall be private forest land, or private 

land being restored to forest land, the enrollment of which will 

maintain, restore, enhance, or otherwise measurably— 

‘‘(1) increase the likelihood of recovery of a species that 

is listed as endangered or threatened under section 4 of the 

Endangered Species Act of 1973 (16 U.S.C. 1533); or 

‘‘(2) improve the well-being of a species that— 

‘‘(A) is— 

‘‘(i) not listed as endangered or threatened under 

such section; and 

‘‘(ii) a candidate for such listing, a State-listed 

species, or a special concern species; or 

‘‘(B) is deemed a species of greatest conservation need 

by a State wildlife action plan.’’. 

(3) OTHER ENROLLMENT CONSIDERATIONS.—Section 502(c) 

of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

6572(c)) is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (1); 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following new 

paragraph: 


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132 STAT. 4846 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(2) conserve forest land that provides habitat for species 

described in subsection (b); and’’. 

(4) ELIMINATION OF LIMITATION ON USE OF EASEMENTS.— 

Section 502(e) of the Healthy Forests Restoration Act of 2003 

(16 U.S.C. 6572(e)) is amended by striking paragraph (2) and 

redesignating paragraph (3) as paragraph (2). 

(5) ENROLLMENT OF ACREAGE OWNED BY AN INDIAN TRIBE.— 

Paragraph (2) of section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) (as redesignated by paragraph (4)) is amended, in subparagraph (B), by striking clauses 

(ii) and (iii) and inserting the following new clauses: 

‘‘(ii) a 10-year cost-share agreement; 

‘‘(iii) a permanent easement; or 

‘‘(iv) any combination of the options described in 

clauses (i) through (iii).’’. 

(6) ENROLLMENT PRIORITY.—Section 502(f)(1)(B) of the 

Healthy Forests Restoration Act of 2003 (16 U.S.C. 

6572(f)(1)(B)) is amended by striking clause (ii) and inserting 

the following: 

‘‘(ii)(I) are candidates for such listing, State-listed 

species, or special concern species; or 

‘‘(II) are deemed a species of greatest conservation 

need under a State wildlife action plan.’’. 

(7) RESTORATION PLANS.—Subsection (b) of section 503 of 

the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573) 

is amended to read as follows: 

‘‘(b) PRACTICES.—The restoration plan shall require such restoration practices and measures as are necessary to restore and 

enhance habitat for species described in section 502(b), including 

the following: 

‘‘(1) Land management practices. 

‘‘(2) Vegetative treatments. 

‘‘(3) Structural practices and measures. 

‘‘(4) Practices to increase carbon sequestration. 

‘‘(5) Practices to improve biological diversity. 

‘‘(6) Other practices and measures.’’. 

(8) FUNDING.—Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended— 

(A) in the subsection heading, by striking ‘‘FISCAL

YEARS 2014 THROUGH 2018’’ and inserting ‘‘AUTHORIZATION

OF APPROPRIATIONS’’; and 

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

(9) TECHNICAL CORRECTION.—Section 503(a) of the Healthy 

Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended 

by striking ‘‘Secretary of Interior’’ and inserting ‘‘Secretary 

of the Interior’’. 

(b) INSECT AND DISEASE INFESTATION.— 

(1) TREATMENT OF AREAS.—Section 602(d)(1) of the Healthy 

Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is 

amended by striking ‘‘subsection (b) to reduce the risk or extent 

of, or increase the resilience to, insect or disease infestation 

in the areas.’’ and inserting the following: ‘‘subsection (b)— 

‘‘(A) to reduce the risk or extent of, or increase the 

resilience to, insect or disease infestation; or 

‘‘(B) to reduce hazardous fuels.’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4847 

(2) EXTENSION OF AUTHORITY.—Section 602(d)(2) of the 

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) 

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

SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION 

OF TREATMENT AREAS. 

Section 602 of the Healthy Forests Restoration Act of 2003 

(16 U.S.C. 6591a) is amended by striking subsection (f). 

Subtitle E—Repeal or Reauthorization of 

Miscellaneous Forestry Programs 

SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST 

INVENTORY AND ANALYSIS. 

Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642 

note; Public Law 113–79) is repealed. 

SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER. 

Section 1243(d) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101–624) 

is amended by striking ‘‘annually’’ and inserting ‘‘for each of fiscal 

years 2019 through 2023’’. 

SEC. 8503. NATIONAL FOREST FOUNDATION ACT. 

(a) MATCHING FUNDS.—Section 405(b) of the National Forest 

Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking ‘‘2018’’ 

and inserting ‘‘2023’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 410(b) of the 

National Forest Foundation Act (16 U.S.C. 583j–8(b)) is amended 

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

SEC. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES. 

Section 503(f) of the Forest Service Facility Realignment and 

Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109– 

54) is amended by striking ‘‘2016’’ and inserting ‘‘2023’’. 

Subtitle F—Forest Management 

SEC. 8601. DEFINITION OF NATIONAL FOREST SYSTEM. 

In this subtitle, the term ‘‘National Forest System’’ has the 

meaning given the term in section 11(a) of the Forest and Rangeland 

Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). 

PART I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL 

EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES 

SEC. 8611. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE 

AND MULE DEER HABITAT. 

(a) IN GENERAL.—Title VI of the Healthy Forests Restoration 

Act of 2003 (16 U.S.C. 6591 et seq.) is amended by adding at 

the end the following: 

16 USC 580d 

note. 


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132 STAT. 4848 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE 

AND MULE DEER HABITAT. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COVERED VEGETATION MANAGEMENT ACTIVITY.— ‘‘(A) IN GENERAL.—The term ‘covered vegetation 

management activity’ means any activity described in 

subparagraph (B) that— 

‘‘(i)(I) is carried out on National Forest System 

land administered by the Forest Service; or 

‘‘(II) is carried out on public land administered 

by the Bureau of Land Management; 

‘‘(ii) with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015; 

‘‘(iii) conforms to an applicable forest plan or land 

use plan; 

‘‘(iv) protects, restores, or improves greater sagegrouse or mule deer habitat in a sagebrush steppe 

ecosystem as described in— 

‘‘(I) Circular 1416 of the United States 

Geological Survey entitled ‘Restoration Handbook 

for Sagebrush Steppe Ecosystems with Emphasis 

on Greater Sage-Grouse Habitat—Part 1. Concepts 

for Understanding and Applying Restoration’ 

(2015); or 

‘‘(II) the habitat guidelines for mule deer published by the Mule Deer Working Group of the 

Western Association of Fish and Wildlife Agencies; 

‘‘(v) will not permanently impair— 

‘‘(I) the natural state of the treated area; 

‘‘(II) outstanding opportunities for solitude; 

‘‘(III) outstanding opportunities for primitive, 

unconfined recreation; 

‘‘(IV) economic opportunities consistent with 

multiple-use management; or 

‘‘(V) the identified values of a unit of the 

National Landscape Conservation System; 

‘‘(vi)(I) restores native vegetation following a natural disturbance; 

‘‘(II) prevents the expansion into greater sagegrouse or mule deer habitat of— 

‘‘(aa) juniper, pinyon pine, or other associated 

conifers; or 

‘‘(bb) nonnative or invasive vegetation; 

‘‘(III) reduces the risk of loss of greater sage-grouse 

or mule deer habitat from wildfire or any other natural 

disturbance; or 

‘‘(IV) provides emergency stabilization of soil 

resources after a natural disturbance; and 

‘‘(vii) provides for the conduct of restoration treatments that— 

‘‘(I) maximize the retention of old-growth and 

large trees, as appropriate for the forest type; 

‘‘(II) consider the best available scientific 

information to maintain or restore the ecological 

integrity, including maintaining or restoring structure, function, composition, and connectivity; 

16 USC 6591e. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4849 

‘‘(III) are developed and implemented through 

a collaborative process that— 

‘‘(aa) includes multiple interested persons 

representing diverse interests; and 

‘‘(bb)(AA) is transparent and nonexclusive; 

or 

‘‘(BB) meets the requirements for a 

resource advisory committee under subsections 

(c) through (f) of section 205 of the Secure 

Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125); and 

‘‘(IV) may include the implementation of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the 

Omnibus Public Land Management Act of 2009 

(16 U.S.C. 7303(b)). 

‘‘(B) DESCRIPTION OF ACTIVITIES.—An activity referred 

to in subparagraph (A) is— 

‘‘(i) manual cutting and removal of juniper trees, 

pinyon pine trees, other associated conifers, or other 

nonnative or invasive vegetation; 

‘‘(ii) mechanical mastication, cutting, or mowing, 

mechanical piling and burning, chaining, broadcast 

burning, or yarding; 

‘‘(iii) removal of cheat grass, medusa head rye, 

or other nonnative, invasive vegetation; 

‘‘(iv) collection and seeding or planting of native 

vegetation using a manual, mechanical, or aerial 

method; 

‘‘(v) seeding of nonnative, noninvasive, ruderal 

vegetation only for the purpose of emergency stabilization; 

‘‘(vi) targeted use of an herbicide, subject to the 

condition that the use shall be in accordance with 

applicable legal requirements, Federal agency procedures, and land use plans; 

‘‘(vii) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds; 

‘‘(viii) temporary removal of wild horses or burros 

in the area in which the activity is being carried out 

to ensure treatment objectives are met; 

‘‘(ix) in coordination with the affected permit 

holder, modification or adjustment of permissible usage 

under an annual plan of use of a grazing permit issued 

by the Secretary concerned to achieve restoration treatment objectives; 

‘‘(x) installation of new, or modification of existing, 

fencing or water sources intended to control use or 

improve wildlife habitat; or 

‘‘(xi) necessary maintenance of, repairs to, 

rehabilitation of, or reconstruction of an existing 

permanent road or construction of temporary roads 

to accomplish the activities described in this subparagraph. 

‘‘(C) EXCLUSIONS.—The term ‘covered vegetation 

management activity’ does not include— 


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132 STAT. 4850 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(i) any activity conducted in a wilderness area 

or wilderness study area; 

‘‘(ii) any activity for the construction of a permanent road or permanent trail; 

‘‘(iii) any activity conducted on Federal land on 

which, by Act of Congress or Presidential proclamation, 

the removal of vegetation is restricted or prohibited; 

‘‘(iv) any activity conducted in an area in which 

activities under subparagraph (B) would be inconsistent with the applicable land and resource management plan; or 

‘‘(v) any activity conducted in an inventoried 

roadless area. 

‘‘(2) SECRETARY CONCERNED.—The term ‘Secretary concerned’ means— 

‘‘(A) the Secretary of Agriculture, with respect to 

National Forest System land; and 

‘‘(B) the Secretary of the Interior, with respect to public 

land. 

‘‘(3) TEMPORARY ROAD.—The term ‘temporary road’ means 

a road that is— 

‘‘(A) authorized— 

‘‘(i) by a contract, permit, lease, other written 

authorization; or 

‘‘(ii) pursuant to an emergency operation; 

‘‘(B) not intended to be part of the permanent transportation system of a Federal department or agency; 

‘‘(C) not necessary for long-term resource management; 

‘‘(D) designed in accordance with standards appropriate 

for the intended use of the road, taking into consideration— 

‘‘(i) safety; 

‘‘(ii) the cost of transportation; and 

‘‘(iii) impacts to land and resources; and 

‘‘(E) managed to minimize— 

‘‘(i) erosion; and 

‘‘(ii) the introduction or spread of invasive species. 

‘‘(b) CATEGORICAL EXCLUSION.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this section, the Secretary concerned shall 

develop a categorical exclusion (as defined in section 1508.4 

of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetation management activities carried out 

to protect, restore, or improve habitat for greater sage-grouse 

or mule deer. 

‘‘(2) ADMINISTRATION.—In developing and administering the 

categorical exclusion under paragraph (1), the Secretary concerned shall— 

‘‘(A) comply with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); 

‘‘(B) with respect to National Forest System land, apply 

the extraordinary circumstances procedures under section 

220.6 of title 36, Code of Federal Regulations (or successor 

regulations), in determining whether to use the categorical 

exclusion; 

‘‘(C) with respect to public land, apply the extraordinary circumstances procedures under section 46.215 of 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4851 

title 43, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and 

‘‘(D) consider— 

‘‘(i) the relative efficacy of landscape-scale habitat 

projects; 

‘‘(ii) the likelihood of continued declines in the 

populations of greater sage-grouse and mule deer in 

the absence of landscape-scale vegetation management; 

and 

‘‘(iii) the need for habitat restoration activities 

after wildfire or other natural disturbances. 

‘‘(c) IMPLEMENTATION OF COVERED VEGETATIVE MANAGEMENT

ACTIVITIES WITHIN THE RANGE OF GREATER SAGE-GROUSE AND

MULE DEER.—If the categorical exclusion developed under subsection (b) is used to implement a covered vegetative management 

activity in an area within the range of both greater sage-grouse 

and mule deer, the covered vegetative management activity shall 

protect, restore, or improve habitat concurrently for both greater 

sage-grouse and mule deer. 

‘‘(d) LONG-TERM MONITORING AND MAINTENANCE.—Before commencing any covered vegetation management activity that is covered by the categorical exclusion under subsection (b), the Secretary 

concerned shall develop a long-term monitoring and maintenance 

plan, covering at least the 20-year period beginning on the date 

of commencement, to ensure that management of the treated area 

does not degrade the habitat gains secured by the covered vegetation 

management activity. 

‘‘(e) DISPOSAL OF VEGETATIVE MATERIAL.—Subject to applicable 

local restrictions, any vegetative material resulting from a covered 

vegetation management activity that is covered by the categorical 

exclusion under subsection (b) may be— 

‘‘(1) used for— 

‘‘(A) fuel wood; or 

‘‘(B) other products; or 

‘‘(2) piled or burned, or both. 

‘‘(f) TREATMENT FOR TEMPORARY ROADS.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(1)(B)(xi), 

any temporary road constructed in carrying out a covered vegetation management activity that is covered by the categorical 

exclusion under subsection (b)— 

‘‘(A) shall be used by the Secretary concerned for the 

covered vegetation management activity for not more than 

2 years; and 

‘‘(B) shall be decommissioned by the Secretary concerned not later than 3 years after the earlier of the date 

on which— 

‘‘(i) the temporary road is no longer needed; and 

‘‘(ii) the project is completed. 

‘‘(2) REQUIREMENT.—A treatment under paragraph (1) shall 

include reestablishing native vegetative cover— 

‘‘(A) as soon as practicable; but 

‘‘(B) not later than 10 years after the date of completion 

of the applicable covered vegetation management activity. 

‘‘(g) LIMITATIONS.— 


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132 STAT. 4852 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(1) PROJECT SIZE.—A covered vegetation management 

activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres. 

‘‘(2) LOCATION.—A covered vegetation management activity 

carried out on National Forest System land that is covered 

by the categorical exclusion under subsection (b) shall be limited 

to areas designated under section 602(b), as of the date of 

enactment of this section.’’. 

(b) CONFORMING AMENDMENTS.—The table of contents for the 

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 

Public Law 108–148) is amended by adding at the end of the 

items relating to title VI the following: 

‘‘Sec. 602. Designation of treatment areas. 

‘‘Sec. 603. Administrative review. 

‘‘Sec. 604. Stewardship end result contracting projects. 

‘‘Sec. 605. Wildfire resilience projects. 

‘‘Sec. 606. Categorical exclusion for greater sage-grouse and mule deer habitat.’’. 

PART II—MISCELLANEOUS FOREST 

MANAGEMENT ACTIVITIES 

SEC. 8621. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF 

SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND. 

(a) INCREASE IN MAXIMUM VALUE OF SMALL PARCELS.—Section 

3 of Public Law 97–465 (commonly known as the ‘‘Small Tract 

Act of 1983’’) (16 U.S.C. 521e) is amended in the matter preceding 

paragraph (1) by striking ‘‘$150,000’’ and inserting ‘‘$500,000’’. 

(b) ADDITIONAL CONVEYANCE PURPOSES.—Section 3 of Public 

Law 97–465 (16 U.S.C. 521e) (as amended by subsection (a)) is 

amended— 

(1) in paragraph (2), by striking ‘‘; or’’ and inserting a 

semicolon; 

(2) in paragraph (3), by striking the period at the end 

and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(4) parcels of 40 acres or less that are determined by 

the Secretary— 

‘‘(A) to be physically isolated from other Federal land; 

‘‘(B) to be inaccessible; or 

‘‘(C) to have lost National Forest character; 

‘‘(5) parcels of 10 acres or less that are not eligible for 

conveyance under paragraph (2) but are encroached on by a 

permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent; or 

‘‘(6) parcels used as a cemetery (including a parcel of not 

more than 1 acre adjacent to the parcel used as a cemetery), 

a landfill, or a sewage treatment plant under a special use 

authorization issued or otherwise authorized by the Secretary.’’. 

(c) DISPOSITION OF PROCEEDS.—Section 2 of Public Law 97– 

465 (16 U.S.C. 521d) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘The 

Secretary is authorized’’ and inserting the following: 

‘‘(a) CONVEYANCE AUTHORITY; CONSIDERATION.—The Secretary 

is authorized’’; 

(2) in paragraph (2), in the second sentence, by striking 

‘‘The Secretary shall insert’’ and inserting the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4853 

‘‘(b) INCLUSION OF TERMS, COVENANTS, CONDITIONS, AND RES- ERVATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall insert’’; 

(3) in subsection (b) (as so designated)— 

(A) by striking ‘‘convenants’’ and inserting ‘‘covenants’’; 

and 

(B) in the second sentence by striking ‘‘The preceding 

sentence shall not’’ and inserting the following: 

‘‘(2) LIMITATION.—Paragraph (1) shall not’’; and 

(4) by adding at the end the following: 

‘‘(c) DISPOSITION OF PROCEEDS.— ‘‘(1) DEPOSIT IN SISK FUND.—The net proceeds derived from 

any sale or exchange conducted under paragraph (4), (5), or 

(6) of section 3 shall be deposited in the fund established 

under Public Law 90–171 (commonly known as the ‘Sisk Act’) 

(16 U.S.C. 484a). 

‘‘(2) USE.—Amounts deposited under paragraph (1) shall 

be available to the Secretary until expended for— 

‘‘(A) the acquisition of land or interests in land for 

administrative sites for the National Forest System in the 

State from which the amounts were derived; 

‘‘(B) the acquisition of land or interests in land for 

inclusion in the National Forest System in that State, 

including land or interests in land that enhance opportunities for recreational access; or 

‘‘(C) the reimbursement of the Secretary for costs 

incurred in preparing a sale conducted under the authority 

of section 3 if the sale is a competitive sale.’’. 

SEC. 8622. FOREST SERVICE PARTICIPATION IN ACES PROGRAM. 

Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a) 

is amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary’’; and 

(2) by adding at the end the following: 

‘‘(b) TERMINATION OF EFFECTIVENESS.—The authority provided 

to the Secretary to carry out this section terminates effective 

October 1, 2023.’’. 

SEC. 8623. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATIVE SITE.— (A) IN GENERAL.—The term ‘‘administrative site’’ 

means— 

(i) any facility or improvement, including curtilage, 

that was acquired or is used specifically for purposes 

of administration of the National Forest System; 

(ii) any Federal land that— 

(I) is associated with a facility or improvement 

described in clause (i) that was acquired or is 

used specifically for purposes of administration of 

Forest Service activities; and 

(II) underlies or abuts the facility or improvement; and 

(iii) for each fiscal year, not more than 10 isolated, 

undeveloped parcels of not more than 40 acres each. 

(B) EXCLUSIONS.—The term ‘‘administrative site’’ does 

not include— 

16 USC 580d 

note. 


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132 STAT. 4854 PUBLIC LAW 115–334—DEC. 20, 2018 

(i) any land within a unit of the National Forest 

System that is exclusively designated for natural area 

or recreational purposes; 

(ii) any land within— 

(I) a component of the National Wilderness 

Preservation System; 

(II) a component of the National Wild and 

Scenic Rivers System; or 

(III) a National Monument; or 

(iii) any Federal land that the Secretary determines— 

(I) is needed for resource management purposes or to provide access to other land or water; 

or 

(II) would be in the public interest not to 

lease. 

(2) FACILITY OR IMPROVEMENT.—The term ‘‘facility or 

improvement’’ includes— 

(A) a forest headquarters; 

(B) a ranger station; 

(C) a research station or laboratory; 

(D) a dwelling; 

(E) a warehouse; 

(F) a scaling station; 

(G) a fire-retardant mixing station; 

(H) a fire-lookout station; 

(I) a guard station; 

(J) a storage facility; 

(K) a telecommunication facility; and 

(L) any other administrative installation for conducting 

Forest Service activities. 

(3) MARKET ANALYSIS.—The term ‘‘market analysis’’ means 

the identification and study of the market for a particular 

economic good or service. 

(b) AUTHORIZATION.—The Secretary may lease an administrative site that is under the jurisdiction of the Secretary in accordance 

with this section. 

(c) IDENTIFICATION OF ELIGIBLE SITES.—A regional forester, 

in consultation with forest supervisors in the region, may submit 

to the Secretary a recommendation for administrative sites in the 

region that the regional forester considers eligible for leasing under 

this section. 

(d) CONSULTATION WITH LOCAL GOVERNMENT AND PUBLIC

NOTICE.—Before making an administrative site available for lease 

under this section, the Secretary shall— 

(1) consult with government officials of the community 

and of the State in which the administrative site is located; 

and 

(2) provide public notice of the proposed lease. 

(e) LEASE REQUIREMENTS.— 

(1) SIZE.—An administrative site or compound of administrative sites under a single lease under this section may not 

exceed 40 acres. 

(2) CONFIGURATION OF ADMINISTRATIVE SITES.— 

(A) IN GENERAL.—To facilitate the lease of an administrative site under this section, the Secretary may configure 

the administrative site— 


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(i) to maximize the marketability of the administrative site; and 

(ii) to achieve management objectives. 

(B) SEPARATE TREATMENT OF FACILITY OR IMPROVE- MENT.—A facility or improvement on an administrative 

site to be leased under this section may be severed from 

the land and leased under a separate lease under this 

section. 

(3) CONSIDERATION.— (A) IN GENERAL.—A person to which a lease of an 

administrative site is made under this section shall provide 

to the Secretary consideration described in subparagraph 

(B) in an amount that is not less than the market value 

of the administrative site, as determined in accordance 

with subparagraph (C). 

(B) FORM OF CONSIDERATION.—The consideration 

referred to in subparagraph (A) may be— 

(i) cash; 

(ii) in-kind, including— 

(I) the construction of new facilities or 

improvements, the title to which shall be transferred by the lessee to the Secretary; 

(II) the maintenance, repair, improvement, or 

restoration of existing facilities or improvements; 

and 

(III) other services relating to activities that 

occur on the administrative site, as determined 

by the Secretary; or 

(iii) any combination of the consideration described 

in clauses (i) and (ii). 

(C) DETERMINATION OF MARKET VALUE.— 

(i) IN GENERAL.—The Secretary shall determine 

the market value of an administrative site to be leased 

under this section— 

(I) by conducting an appraisal in accordance 

with— 

(aa) the Uniform Appraisal Standards for 

Federal Land Acquisitions established in 

accordance with the Uniform Relocation 

Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and 

(bb) the Uniform Standards of Professional Appraisal Practice; or 

(II) by competitive lease. 

(ii) IN-KIND CONSIDERATION.—The Secretary shall 

determine the market value of any in-kind consideration under subparagraph (B)(ii). 

(4) CONDITIONS.—The lease of an administrative site under 

this section shall be subject to such conditions, including 

bonding, as the Secretary determines to be appropriate. 

(5) RIGHT OF FIRST REFUSAL.—Subject to terms and conditions that the Secretary determines to be necessary, the Secretary shall offer to lease an administrative site to the municipality or county in which the administrative site is located 

before seeking to lease the administrative site to any other 

person. 

(f) RELATION TO OTHER LAWS.— 


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(1) FEDERAL PROPERTY DISPOSAL.—Chapter 5 of title 40, 

United States Code, shall not apply to the lease of an administrative site under this section. 

(2) LEAD-BASED PAINT AND ASBESTOS ABATEMENT.— 

(A) IN GENERAL.—Notwithstanding any provision of law 

relating to the mitigation or abatement of lead-based paint 

or asbestos-containing building materials, the Secretary 

shall not be required to mitigate or abate lead-based paint 

or asbestos-containing building materials with respect to 

an administrative site to be leased under this section. 

(B) PROCEDURES.—With respect to an administrative 

site to be leased under this section that has lead-based 

paint or asbestos-containing building materials, the Secretary shall— 

(i) provide notice to the person to which the 

administrative site will be leased of the presence of 

the lead-based paint or asbestos-containing building 

material; and 

(ii) obtain written assurance from that person that 

the person will comply with applicable Federal, State, 

and local laws relating to the management of leadbased paint and asbestos-containing building materials. 

(3) ENVIRONMENTAL REVIEW.—The National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to 

the lease of an administrative site under this section, except 

that, in any environmental review or analysis required under 

that Act for the lease of an administrative site under this 

section, the Secretary shall be required only— 

(A) to analyze the most reasonably foreseeable use 

of the administrative site, as determined through a market 

analysis; 

(B) to determine whether to include any conditions 

under subsection (e)(4); and 

(C) to evaluate the alternative of not leasing the 

administrative site in accordance with the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(4) COMPLIANCE WITH LOCAL LAWS.—A person that leases 

an administrative site under this section shall comply with 

all applicable State and local zoning laws, building codes, and 

permit requirements for any construction activities that occur 

on the administrative site. 

(g) PROHIBITION.—No agency of the Federal Government shall 

make any cash payments to a leaseholder relating to the use or 

occupancy of any administrative site or facility that has been 

improved under this section. 

(h) CONGRESSIONAL NOTIFICATIONS.— 

(1) ANTICIPATED USE OF AUTHORITY.—As part of the annual 

budget justification documents provided to the Committee on 

Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, the Secretary shall 

include— 

(A) a list of the anticipated leases to be made, including 

the anticipated revenue that may be obtained, under this 

section; 


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(B) a description of the intended use of any revenue 

obtained under a lease under this section, including a 

list of any projects that cost more than $500,000; and 

(C) a description of accomplishments during previous 

years using the authority of the Secretary under this section. 

(2) CHANGES TO LEASE LIST.—If the Secretary desires to 

lease an administrative site under this section that is not 

included on a list provided under paragraph (1)(A), the Secretary shall submit to the congressional committees described 

in paragraph (3) a notice of the proposed lease, including the 

anticipated revenue that may be obtained from the lease. 

(3) USE OF AUTHORITY.—Not less frequently than once each 

year, the Secretary shall submit to the Committee on Agriculture, the Committee on Appropriations, and the Committee 

on Natural Resources of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry, the 

Committee on Appropriations, and the Committee on Energy 

and Natural Resources of the Senate a report describing each 

lease made by the Secretary under this section during the 

period covered by the report. 

(i) EXPIRATION OF AUTHORITY.— 

(1) IN GENERAL.—The authority of the Secretary to make 

a lease of an administrative site under this section expires 

on October 1, 2023. 

(2) EFFECT ON LEASE AGREEMENT.—Paragraph (1) shall 

not affect the authority of the Secretary to carry out this 

section in the case of any lease agreement that was entered 

into by the Secretary before October 1, 2023. 

SEC. 8624. GOOD NEIGHBOR AUTHORITY. 

(a) INCLUSION OF INDIAN TRIBES.—Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended— 

(1) in paragraph (1)(A), by striking ‘‘land and non-Federal 

land’’ and inserting ‘‘land, non-Federal land, and land owned 

by an Indian tribe’’; 

(2) in paragraph (5), by inserting ‘‘or Indian tribe’’ after 

‘‘affected State’’; 

(3) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and 

(4) by inserting after paragraph (5) (as so redesignated) 

the following: 

‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304).’’. 

(b) INCLUSION OF COUNTIES.—Section 8206 of the Agricultural 

Act of 2014 (16 U.S.C. 2113a) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)(B), by inserting ‘‘or county, as 

applicable,’’ after ‘‘Governor’’; 

(B) by redesignating paragraphs (2) through (9) (as 

amended by subsection (a)) as paragraphs (3) through (10), 

respectively; 

(C) by inserting after paragraph (1) the following: 

‘‘(2) COUNTY.—The term ‘county’ means— 

‘‘(A) the appropriate executive official of an affected 

county; or 


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‘‘(B) in any case in which multiple counties are affected, 

the appropriate executive official of a compact of the 

affected counties.’’; and 

(D) in paragraph (5) (as so redesignated), by inserting 

‘‘or county, as applicable,’’ after ‘‘Governor’’; and 

(2) in subsection (b)— 

(A) in paragraph (1)(A), by inserting ‘‘or county’’ after 

‘‘Governor’’; 

(B) in paragraph (2)(A), by striking ‘‘cooperative agreement or contract entered into under subsection (a)’’ and 

inserting ‘‘good neighbor agreement’’; 

(C) in paragraph (3), by inserting ‘‘or county’’ after 

‘‘Governor’’; and 

(D) by adding at the end the following: 

‘‘(4) RECEIPTS.—Notwithstanding any other provision of 

law, any payment made by a county to the Secretary under 

a project conducted under a good neighbor agreement shall 

not be considered to be monies received from National Forest 

System land or Bureau of Land Management land, as 

applicable.’’. 

(c) TREATMENT OF REVENUE FROM TIMBER SALE CONTRACTS.— 

Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 

2113a(b)(2)) is amended by adding at the end the following: 

‘‘(C) TREATMENT OF REVENUE.— 

‘‘(i) IN GENERAL.—Funds received from the sale 

of timber by a Governor of a State under a good 

neighbor agreement shall be retained and used by 

the Governor— 

‘‘(I) to carry out authorized restoration services 

on Federal land under the good neighbor agreement; and 

‘‘(II) if there are funds remaining after carrying out subclause (I), to carry out authorized 

restoration services on Federal land within the 

State under other good neighbor agreements. 

‘‘(ii) TERMINATION OF EFFECTIVENESS.—The 

authority provided by this subparagraph terminates 

effective October 1, 2023.’’. 

SEC. 8625. CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND 

ADJUSTMENT. 

(a) FINDINGS.—Congress finds that— 

(1) certain National Forest System land in the State of 

Georgia consists of isolated tracts that are inefficient to manage 

or have lost their principal value for National Forest purposes; 

(2) the disposal of that National Forest System land would 

be in the public interest; and 

(3) proceeds from the sale of National Forest System land 

under subsection (b)(1) would be used best by the Forest Service 

to purchase land for National Forest purposes in the State 

of Georgia. 

(b) LAND CONVEYANCE AUTHORITY.— 

(1) IN GENERAL.—Under such terms and conditions as the 

Secretary may prescribe, the Secretary may sell or exchange 

any or all rights, title, and interest of the United States in 

and to the National Forest System land described in paragraph 

(2)(A). 


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(2) LAND AUTHORIZED FOR DISPOSAL.— 

(A) IN GENERAL.—The National Forest System land 

referred to in paragraph (1) is the 30 tracts of land totaling 

approximately 3,841 acres that are generally depicted on 

the 2 maps entitled ‘‘Priority Land Adjustments, State 

of Georgia, U.S. Forest Service–Southern Region, Oconee 

and Chattahoochee National Forests, U.S. Congressional 

Districts–8, 9, 10 & 14’’ and dated September 24, 2013. 

(B) MAPS.—The maps described in subparagraph (A) 

shall be on file and available for public inspection in the 

Office of the Forest Supervisor, Chattahoochee-Oconee 

National Forest, until such time as the land is sold or 

exchanged. 

(C) MODIFICATION OF BOUNDARIES.—The Secretary may 

modify the boundaries of the National Forest System land 

described in subparagraph (A) based on land management 

considerations. 

(3) FORM OF CONVEYANCE.— 

(A) QUITCLAIM DEED.—The Secretary shall convey 

National Forest System land sold or exchanged under paragraph (1) by quitclaim deed. 

(B) RESERVATIONS.—The Secretary may reserve any 

rights-of-way or other rights or interests in National Forest 

System land sold or exchanged under paragraph (1) that 

the Secretary considers necessary for management purposes or to protect the public interest. 

(4) VALUATION.— 

(A) MARKET VALUE.—The Secretary may not sell or 

exchange National Forest System land under paragraph 

(1) for less than market value, as determined by appraisal 

or through competitive bid. 

(B) APPRAISAL REQUIREMENTS.—Any appraisal under 

subparagraph (A) shall be— 

(i) consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform 

Standards of Professional Appraisal Practice; and 

(ii) subject to the approval of the Secretary. 

(5) CONSIDERATION.— 

(A) CASH.—Consideration for a sale of National Forest 

System land or equalization of an exchange under paragraph (1) shall be paid in cash. 

(B) EXCHANGE.—Notwithstanding section 206(b) of the 

Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of 

any National Forest System land exchanged under paragraph (1). 

(6) METHOD OF SALE.— 

(A) OPTIONS.—The Secretary may sell National Forest 

System land under paragraph (1) at public or private sale, 

including competitive sale by auction, bid, or otherwise, 

in accordance with such terms, conditions, and procedures 

as the Secretary determines are in the best interest of 

the United States. 

(B) SOLICITATIONS.—The Secretary may— 


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(i) make public or private solicitations for the sale 

or exchange of National Forest System land under 

paragraph (1); and 

(ii) reject any offer that the Secretary determines 

is not adequate or not in the public interest. 

(7) BROKERS.—The Secretary may— 

(A) use brokers or other third parties in the sale or 

exchange of National Forest System land under paragraph 

(1); and 

(B) from the proceeds of a sale, pay reasonable commissions or fees. 

(c) TREATMENT OF PROCEEDS.— 

(1) DEPOSIT.—Subject to subsection (b)(7)(B), the Secretary 

shall deposit the proceeds of a sale or a cash equalization 

payment received from the sale or exchange of National Forest 

System land under subsection (b)(1) in the fund established 

under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) 

(16 U.S.C. 484a). 

(2) AVAILABILITY.—Subject to paragraph (3), amounts 

deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation, for the 

acquisition of land for National Forest purposes in the State 

of Georgia. 

(3) PRIVATE PROPERTY PROTECTION.—Nothing in this section 

authorizes the use of funds deposited under paragraph (1) 

to be used to acquire land without the written consent of 

the owner of the land. 

SEC. 8626. TENNESSEE WILDERNESS. 

(a) DEFINITIONS.—In this section: 

(1) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Proposed Wilderness Areas and Additions-Cherokee National 

Forest’’ and dated January 20, 2010. 

(2) STATE.—The term ‘‘State’’ means the State of Tennessee. 

(b) ADDITIONS TO CHEROKEE NATIONAL FOREST.— 

(1) DESIGNATION OF WILDERNESS.—In accordance with the 

Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels 

of Federal land in the Cherokee National Forest in the State 

are designated as wilderness and as additions to the National 

Wilderness Preservation System: 

(A) Certain land comprising approximately 9,038 acres, 

as generally depicted as the ‘‘Upper Bald River Wilderness’’ 

on the Map and which shall be known as the ‘‘Upper 

Bald River Wilderness’’. 

(B) Certain land comprising approximately 348 acres, 

as generally depicted as the ‘‘Big Frog Addition’’ on the 

Map and which shall be incorporated in, and shall be 

considered to be a part of, the Big Frog Wilderness. 

(C) Certain land comprising approximately 630 acres, 

as generally depicted as the ‘‘Little Frog Mountain Addition 

NW’’ on the Map and which shall be incorporated in, and 

shall be considered to be a part of, the Little Frog Mountain 

Wilderness. 

(D) Certain land comprising approximately 336 acres, 

as generally depicted as the ‘‘Little Frog Mountain Addition 

NE’’ on the Map and which shall be incorporated in, and 

16 USC 1132 

note. 


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shall be considered to be a part of, the Little Frog Mountain 

Wilderness. 

(E) Certain land comprising approximately 2,922 acres, 

as generally depicted as the ‘‘Sampson Mountain Addition’’ 

on the Map and which shall be incorporated in, and shall 

be considered to be a part of, the Sampson Mountain 

Wilderness. 

(F) Certain land comprising approximately 4,446 acres, 

as generally depicted as the ‘‘Big Laurel Branch Addition’’ 

on the Map and which shall be incorporated in, and shall 

be considered to be a part of, the Big Laurel Branch Wilderness. 

(G) Certain land comprising approximately 1,836 acres, 

as generally depicted as the ‘‘Joyce Kilmer-Slickrock Addition’’ on the Map and which shall be incorporated in, and 

shall be considered to be a part of, the Joyce KilmerSlickrock Wilderness. 

(2) MAPS AND LEGAL DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall file maps 

and legal descriptions of the wilderness areas designated 

by paragraph (1) with the appropriate committees of Congress. 

(B) PUBLIC AVAILABILITY.—The maps and legal descriptions filed under subparagraph (A) shall be on file and 

available for public inspection in the office of the Chief 

of the Forest Service and the office of the Supervisor of 

the Cherokee National Forest. 

(C) FORCE OF LAW.—The maps and legal descriptions 

filed under subparagraph (A) shall have the same force 

and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and 

descriptions. 

(3) ADMINISTRATION.— 

(A) IN GENERAL.—Subject to valid existing rights, the 

Federal land designated as wilderness by paragraph (1) 

shall be administered by the Secretary in accordance with 

the Wilderness Act (16 U.S.C. 1131 et seq.), except that 

any reference in that Act to the effective date of that 

Act shall be deemed to be a reference to the date of enactment of this Act. 

(B) FISH AND WILDLIFE MANAGEMENT.—In accordance 

with section 4(d)(7) of the Wilderness Act (16 U.S.C. 

1133(d)(7)), nothing in this section affects the jurisdiction 

of the State with respect to fish and wildlife management, 

including the regulation of hunting, fishing, and trapping, 

in the wilderness areas designated by paragraph (1). 

SEC. 8627. KISATCHIE NATIONAL FOREST LAND CONVEYANCE. 

(a) FINDING.—Congress finds that it is in the public interest 

to authorize the conveyance of certain Federal land in the Kisatchie 

National Forest in the State of Louisiana for market value consideration. 

(b) DEFINITIONS.—In this section: 

(1) COLLINS CAMP PROPERTIES.—The term ‘‘Collins Camp 

Properties’’ means Collins Camp Properties, Inc., a corporation 

incorporated under the laws of the State. 


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(2) STATE.—The term ‘‘State’’ means the State of Louisiana. 

(c) AUTHORIZATION OF CONVEYANCES, KISATCHIE NATIONAL

FOREST, LOUISIANA.— 

(1) AUTHORIZATION.— (A) IN GENERAL.—Subject to valid existing rights and 

paragraph (2), the Secretary may convey the Federal land 

described in subparagraph (B) by quitclaim deed at public 

or private sale, including competitive sale by auction, bid, 

or other methods. 

(B) DESCRIPTION OF LAND.—The Federal land referred 

to in subparagraph (A) consists of— 

(i) all Federal land within sec. 9, T. 10 N., R. 

5 W., Winn Parish, Louisiana; and 

(ii) a 2.16-acre parcel of Federal land located in 

the SW1⁄4 of sec. 4, T. 10 N., R. 5 W., Winn Parish, 

Louisiana, as depicted on a certificate of survey dated 

March 7, 2007, by Glen L. Cannon, P.L.S. 4436. 

(2) FIRST RIGHT OF PURCHASE.—Subject to valid existing 

rights and subsection (e), during the 1-year period beginning 

on the date of enactment of this Act, on the provision of consideration by the Collins Camp Properties to the Secretary, the 

Secretary shall convey, by quitclaim deed, to Collins Camp 

Properties all right, title, and interest of the United States 

in and to— 

(A) the not more than 47.92 acres of Federal land 

comprising the Collins Campsites within sec. 9, T. 10 N., 

R. 5 W., in Winn Parish, Louisiana, as generally depicted 

on a certificate of survey dated February 28, 2007, by 

Glen L. Cannon, P.L.S. 4436; and 

(B) the parcel of Federal land described in paragraph 

(1)(B)(ii). 

(3) TERMS AND CONDITIONS.—The Secretary may— 

(A) configure the Federal land to be conveyed under 

this section— 

(i) to maximize the marketability of the conveyance; or 

(ii) to achieve management objectives; and 

(B) establish any terms and conditions for the conveyances under this section that the Secretary determines 

to be in the public interest. 

(4) CONSIDERATION.—Consideration for a conveyance of 

Federal land under this section shall be— 

(A) in the form of cash; and 

(B) in an amount equal to the market value of the 

Federal land being conveyed, as determined under paragraph (5). 

(5) MARKET VALUE.—The market value of the Federal land 

conveyed under this section shall be determined— 

(A) in the case of Federal land conveyed under paragraph (2), by an appraisal that is— 

(i) conducted in accordance with the Uniform 

Appraisal Standards for Federal Land Acquisitions; 

and 

(ii) approved by the Secretary; or 

(B) if conveyed by a method other than the methods 

described in paragraph (2), by competitive sale. 

(6) HAZARDOUS SUBSTANCES.— 


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(A) IN GENERAL.—In any conveyance of Federal land 

under this section, the Secretary shall meet disclosure 

requirements for hazardous substances, but shall otherwise 

not be required to remediate or abate the substances. 

(B) EFFECT.—Except as provided in subparagraph (A), 

nothing in this subsection affects the application of the 

Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the 

conveyances of Federal land. 

(d) PROCEEDS FROM THE SALE OF LAND.—The Secretary shall 

deposit the proceeds of a conveyance of Federal land under subsection (c) in the fund established under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

(e) ADMINISTRATION.— 

(1) COSTS.—As a condition of a conveyance of Federal land 

to Collins Camp Properties under subsection (c), the Secretary 

shall require Collins Camp Properties to pay at closing— 

(A) reasonable appraisal costs; and 

(B) the cost of any administrative and environmental 

analyses required by law (including regulations). 

(2) PERMITS.— 

(A) IN GENERAL.—An offer by Collins Camp Properties 

for the acquisition of the Federal land under subsection 

(c) shall be accompanied by a written statement from each 

holder of a Forest Service special use authorization with 

respect to the Federal land that specifies that the holder 

agrees to relinquish the special use authorization on the 

conveyance of the Federal land to Collins Camp Properties. 

(B) SPECIAL USE AUTHORIZATIONS.—If any holder of 

a special use authorization described in subparagraph (A) 

fails to provide a written authorization in accordance with 

that subparagraph, the Secretary shall require, as a condition of the conveyance, that Collins Camp Properties 

administer the special use authorization according to the 

terms of the special use authorization until the date on 

which the special use authorization expires. 

SEC. 8628. PURCHASE OF NATURAL RESOURCES CONSERVATION 

SERVICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA. 

(a) FINDINGS.—Congress finds as follows: 

(1) Since 1935, the United States has owned a parcel of 

land in Riverside, California, consisting of approximately 8.75 

acres, more specifically described in subsection (b)(1) (in this 

section referred to as the ‘‘property’’). 

(2) The property is under the jurisdiction of the Department 

of Agriculture and has been variously used for research and 

plant materials purposes. 

(3) Since 1998, the property has been administered by 

the Natural Resources Conservation Service of the Department 

of Agriculture. 

(4) Since 2002, the property has been co-managed under 

a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources 

Code. 


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(5) The Conservation District wishes to purchase the property and use it for conservation, environmental, and related 

educational purposes. 

(6) As provided in subsection (b), the purchase of the property by the Conservation District would promote the conservation education and related activities of the Conservation District 

and result in savings to the Federal Government. 

(b) LAND PURCHASE, NATURAL RESOURCES CONSERVATION

SERVICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.— 

(1) PURCHASE AUTHORIZED.—The Secretary shall sell and 

quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the ‘‘Conservation District’’) 

all right, title, and interest of the United States in and to 

a parcel of real property, including improvements thereon, that 

is located at 4500 Glenwood Drive in Riverside, California, 

consists of approximately 8.75 acres, and is administered by 

the Natural Resources Conservation Service of the Department 

of Agriculture. As necessary or desirable to facilitate the purchase of the property under this subsection, the Secretary or 

the Conservation District may survey all or portions of the 

property. 

(2) CONSIDERATION.—As consideration for the purchase of 

the property under this subsection, the Conservation District 

shall pay to the Secretary an amount equal to the appraised 

value of the property. 

(3) PROHIBITION ON RESERVATION OF INTEREST.—The Secretary shall not reserve any future interest in the property 

to be conveyed under this subsection, except such interest as 

may be acceptable to the Conservation District. 

(4) HAZARDOUS SUBSTANCES.—Notwithstanding section 

120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or 

the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the 

case of the property purchased by the Conservation District 

under this subsection, the Secretary shall be only required 

to meet the disclosure requirements for hazardous substances, 

pollutants, or contaminants, but shall otherwise not be required 

to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and 

petroleum derivatives. 

(5) COOPERATIVE AUTHORITY.— 

(A) LEASES, CONTRACTS, AND COOPERATIVE AGREEMENTS

AUTHORIZED.—In conjunction with, or in addition to, the 

purchase of the property by the Conservation District under 

this subsection, the Secretary may enter into leases, contracts and cooperative agreements with the Conservation 

District. 

(B) SOLE SOURCE.—Notwithstanding sections 3105, 

3301, and 3303 to 3305 of title 41, United States Code, 

or any other provision of law, the Secretary may lease 

real property from the Conservation District on a noncompetitive basis. 

(C) NON-EXCLUSIVE AUTHORITY.—The authority provided by this subsection is in addition to any other 

authority of the Secretary. 


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SEC. 8629. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM. 

(a) WAIVER AUTHORITY.—Section 4003(d) of the Omnibus Public 

Land Management Act of 2009 (16 U.S.C. 7303(d)) is amended 

by adding at the end the following: 

‘‘(4) WAIVER.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), after 

consulting with the advisory panel established under subsection (e), if the Secretary determines that a proposal 

that has been selected under paragraph (1) and is being 

carried out continues to meet the eligibility criteria established by subsection (b), the Secretary, on a case-by-case 

basis, may issue for the proposal a 1-time extension of 

the 10-year period requirement under paragraph (1)(B) 

of that subsection. 

‘‘(B) LIMITATION.—The extension described in subparagraph (A)— 

‘‘(i) shall be for the shortest period of time practicable to complete implementation of the proposal, 

as determined by the Secretary; and 

‘‘(ii) shall not exceed 10 years.’’. 

(b) WAIVER LIMITATION.—Section 4003(f)(4) of the Omnibus 

Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is 

amended by adding at the end the following: 

‘‘(C) EXCEPTION.—The limitation described in subparagraph (B)(i) shall not apply to a proposal for which a 

1-time extension is granted under subsection (d)(4).’’. 

(c) REAUTHORIZATION.—Section 4003(f)(6) of the Omnibus Public 

Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended 

by striking ‘‘$40,000,000 for each of fiscal years 2009 through 2019’’ 

and inserting ‘‘$80,000,000 for each of fiscal years 2019 through 

2023’’. 

(d) REPORTING REQUIREMENTS.—Section 4003(h) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(h)) 

is amended— 

(1) in paragraph (3), by striking ‘‘and’’ after the semicolon; 

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

and inserting ‘‘; and’’; 

(3) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; 

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

‘‘(3) the Committee on Agriculture, Nutrition, and Forestry 

of the Senate;’’; and 

(5) by adding at the end the following: 

‘‘(6) the Committee on Agriculture of the House of Representatives.’’. 

SEC. 8630. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION 

MANAGEMENT PILOT PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) NATIONAL FOREST SYSTEM LAND.— 

(A) IN GENERAL.—The term ‘‘National Forest System 

land’’ means land within the National Forest System, as 

defined in section 11(a) of the Forest and Rangeland 

Renewable Resources Planning Act of 1974 (16 U.S.C. 

1609(a)). 

43 USC 1772 

note. 


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(B) EXCLUSIONS.—The term ‘‘National Forest System 

land’’ does not include— 

(i) a National Grassland; or 

(ii) a land utilization project on land designated 

as a National Grassland and administered pursuant 

to sections 31, 32, and 33 of the Bankhead-Jones Farm 

Tenant Act (7 U.S.C. 1010, 1011, 1012). 

(2) PASSING WILDFIRE.—The term ‘‘passing wildfire’’ means 

a wildfire that originates outside of a right-of-way. 

(3) PILOT PROGRAM.—The term ‘‘pilot program’’ means the 

pilot program established by the Secretary under subsection 

(b). 

(4) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ means a special use authorization issued by the Forest Service allowing 

the placement of utility infrastructure. 

(5) UTILITY INFRASTRUCTURE.—The term ‘‘utility infrastructure’’ means electric transmission lines, natural gas infrastructure, or related structures. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—To encourage owners or operators of 

rights-of-way on National Forest System land to partner with 

the Forest Service to voluntarily conduct vegetation management projects on a proactive basis to better protect utility 

infrastructure from potential passing wildfires, the Secretary 

may establish a limited, voluntary pilot program, in the manner 

described in this section, to conduct vegetation management 

projects on National Forest System land adjacent to those 

rights-of-way. 

(2) APPLICATION.—The pilot program shall not apply in 

a right-of-way described in paragraph (1). 

(c) ELIGIBLE PARTICIPANTS.— 

(1) IN GENERAL.—A participant in the pilot program shall 

be the owner or operator of a right-of-way on National Forest 

System land. 

(2) SELECTION PRIORITY.—In selecting participants for the 

pilot program, the Secretary shall give priority to an owner 

or operator of a right-of-way that has developed the utility 

infrastructure protection prescriptions of the owner or operator 

in coordination with Forest Service fire scientists or fire managers. 

(d) VEGETATION MANAGEMENT PROJECTS.— 

(1) IN GENERAL.—A vegetation management project conducted under the pilot program shall involve only limited vegetation management activities that— 

(A) shall create the least ground disturbance and least 

disturbance to wildlife reasonably necessary to protect 

utility infrastructure from passing wildfires based on 

applicable models, including Forest Service fuel models; 

(B) may include thinning and treatment of surface 

fuels, ladder fuels, and activity fuels to create or maintain 

shaded fuel breaks or other appropriate measures recommended by Forest Service fire scientists or fire managers; 

(C)(i) shall only be conducted on National Forest 

System land; and 

(ii) shall not— 


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(I) extend for more than 150 feet from the electric 

transmission line for which the applicable participant 

has a right-of-way; or 

(II) comprise an overall width, for both sides of 

that electric transmission line, that totals more than 

200 feet; and 

(D) shall not be conducted on— 

(i) a component of the National Wilderness 

Preservation System; 

(ii) a designated wilderness study area; 

(iii) an inventoried roadless area; or 

(iv) Federal land on which, by Act of Congress 

or Presidential proclamation, the removal of vegetation 

is restricted or prohibited. 

(2) APPROVAL.—Each vegetation management project 

described in paragraph (1) shall be subject to approval by 

the Forest Service in accordance with this section. 

(3) FIRE PREVENTION.—In carrying out a vegetation 

management project under the pilot program, a participant 

shall adhere to— 

(A) Forest Service regulations relating to spark 

arresting devices; 

(B) Forest Service regulations limiting and prohibiting 

certain activities conducted by contractors in an area, based 

on weather conditions and fire danger; 

(C) Forest Service regulations that apply to contractors 

removing vegetation on National Forest System land pursuant to a timber sale or stewardship contract, including 

regulations relating to— 

(i) protection of residual trees and timber damaged 

by contractors; 

(ii) protection measures needed for plants, animals, 

cultural resources, and cave resources; 

(iii) streamcourse protection and erosion control; 

(iv) fire plans, precautions, and precautionary 

periods; 

(v) fire suppression costs; and 

(vi) employment of eligible workers; and 

(D) State regulations relating to the prevention of 

wildfires and contractors removing vegetation. 

(4) TREATMENT OF SLASH.—In carrying out a vegetation 

management project under the pilot program, a participant 

shall treat any activity fuels in a manner that— 

(A) is satisfactory to the Forest Service; 

(B) does not result in a fire hazard; and 

(C) reduces the risk of an insect or disease outbreak. 

(e) PROJECT COSTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2) and 

subsection (f)(2), a participant in the pilot program shall be 

responsible for all costs, as determined by the Secretary, 

incurred in participating in the pilot program. 

(2) FEDERAL FUNDING.—The Secretary may contribute 

funds for a vegetation management project conducted under 

the pilot program if the Secretary determines that the contribution is in the public interest. 

(f) LIABILITY.— 


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(1) ACTIVITIES WITHIN RIGHTS-OF-WAY.—Participation in the 

pilot program shall not affect any legal obligations or liability 

standards that arise under the right-of-way for activities in 

the right-of-way. 

(2) WILDFIRES.— 

(A) OPERATIONS FIRES.— 

(i) IN GENERAL.—With respect to fire suppression 

costs for a wildfire caused by the operations of a participant in the pilot program (other than an operation 

or activity of a participant described in subparagraph 

(B) or (C)), the participant shall reimburse the Forest 

Service for those costs, subject to a maximum dollar 

amount to which the Forest Service and the participant 

shall agree prior to the commencement of the project. 

(ii) CREDIT FOR ACTIONS BY PARTICIPANTS.— 

(I) IN GENERAL.—If a participant in the pilot 

program provides actions, supplies, or equipment 

for use to suppress a wildfire described in clause 

(i) or at the request of the Forest Service, the 

cost of those actions, supplies, or equipment shall 

be credited toward the maximum dollar amount 

described in that clause. 

(II) REIMBURSEMENT.—If the actual cost of a 

participant described in subclause (I) exceeds the 

maximum dollar amount described in clause (i), 

the Forest Service shall reimburse the participant 

for the excess. 

(B) NEGLIGENT FIRES.— 

(i) IN GENERAL.—Subject to clause (ii), if a wildfire 

is caused by the negligence of a participant in the 

pilot program, or an agent of the participant, including 

a wildfire caused by smoking by persons engaged in 

the operations of the participant, the participant shall 

bear the cost of damages to Forest Service resources 

and the fire suppression costs resulting from the wildfire. 

(ii) LIMITATION.—Except as provided in clause (iii), 

the costs borne by a participant under clause (i) shall 

not exceed $500,000. 

(iii) FAILURE TO COMPLY.—If the start or spread 

of a wildfire described in clause (i) is caused by the 

failure of the participant to comply with specific safety 

requirements expressly imposed by the Forest Service 

as a condition of conducting a vegetation management 

project under the pilot program or by this section, 

the participant shall bear the cost of damages to Forest 

Service resources and the fire suppression costs 

resulting from the wildfire. 

(C) EXCEPTIONS.—This paragraph shall not apply in 

the case of a wildfire caused by the felling of a tree by 

a participant in the pilot program, or an agent of the 

participant, onto an electric transmission line. 

(3) EFFECT.—Nothing in this subsection relieves a participant in the pilot program of any liabilities to which the participant is subject— 

(A) under State laws; or 


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(B) with regard to damages to property other than 

Forest Service property. 

(g) IMPLEMENTATION.— 

(1) IN GENERAL.—Except as provided in paragraph (3), the 

Secretary shall use the authority of the Secretary under other 

laws (including regulations) to carry out the pilot program. 

(2) COMPLIANCE WITH EXISTING LAWS.—Except as provided 

in paragraph (3), a vegetation management project under the 

pilot program shall be— 

(A) consistent with the applicable land management 

plan for the area in which the project is located; and 

(B) carried out in accordance with all applicable laws, 

including the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

(3) MODIFICATION OF REGULATIONS.—In order to implement 

the pilot program in an efficient and expeditious manner, the 

Secretary may waive or modify specific provisions of the Federal 

Acquisition Regulation, including waivers or modifications to 

allow for the formation of contracts or agreements on a noncompetitive basis. 

(h) TREATMENT OF PROCEEDS.—Notwithstanding any other 

provision of law, the Secretary may— 

(1) retain any funds provided to the Forest Service by 

a participant in the pilot program; and 

(2) use funds retained under paragraph (1), in such 

amounts as may be appropriated, to carry out the pilot program. 

(i) REPORT TO CONGRESS.—Not later than December 31, 2020, 

and 2 years thereafter, the Secretary shall submit a report 

describing the status of the pilot program and vegetation management projects conducted under the pilot program to— 

(1) the Committees on Agriculture, Nutrition, and Forestry 

and Energy and Natural Resources of the Senate; and 

(2) the Committees on Agriculture and Natural Resources 

of the House of Representatives. 

(j) DURATION.—The authority to carry out the pilot program, 

including any vegetation management project conducted under the 

pilot program, expires on October 1, 2023. 

SEC. 8631. OKHISSA LAKE RURAL ECONOMIC DEVELOPMENT LAND 

CONVEYANCE. 

(a) DEFINITION OF ALLIANCE.—In this section, the term ‘‘Alliance’’ means the Scenic Rivers Development Alliance. 

(b) REQUEST.—Subject to the requirements of this section, if 

the Alliance submits a written request for conveyance by not later 

than 180 days after the date of enactment of this Act and the 

Secretary determines that it is in the public interest to convey 

the National Forest System Land described in subsection (c), the 

Secretary shall convey to the Alliance all right, title, and interest 

of the United States in and to the National Forest System land 

described in subsection (c) by quitclaim deed through a public 

or private sale, including a competitive sale by auction or bid. 

(c) DESCRIPTION OF NATIONAL FOREST SYSTEM LAND.— 

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

Forest System land referred to in subsection (b) is the approximately 150 acres of real property located in sec. 6, T. 5 N. 

R. 4 E., Franklin County, Mississippi, and further described 

as— 


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(A) the portion of the NW1⁄4 NW1⁄4 lying south of 

the south boundary of Berrytown Road; 

(B) the portion of the W1⁄2 NE1⁄4 NW1⁄4 lying south 

of the south boundary of Berrytown Road; 

(C) the portion of the SW1⁄4 NW1⁄4 lying east of the 

east boundary of U.S. Highway 98; 

(D) the W1⁄2 SE1⁄4 NW1⁄4; 

(E) the portion of the NW1⁄4 SW1⁄4 lying east of the 

east boundary of U.S. Highway 98; 

(F) the portion of the NE1⁄4 SW1⁄4 commencing at the 

southwest corner of the NE1⁄4 SW1⁄4, said point being the 

point of beginning, thence running east 330 feet along 

the south boundary of the NE1⁄4 SW1⁄4 to a point in Lake 

Okhissa, thence running northeasterly to a point in Lake 

Okhissa on the east boundary of the NE1⁄4 SW1⁄4 330 

feet south of the northeast corner thereof, thence running 

north 330 feet along the east boundary of the NE1⁄4 SW1⁄4

to the northeast corner thereof, thence running west along 

the north boundary of the NE1⁄4 SW1⁄4 to the NW corner 

thereof; thence running south along the west boundary 

of the NE1⁄4 SW1⁄4 to the point of beginning; and 

(G) the portion of the SE1⁄4 SE1⁄4 NW1⁄4 commencing 

at the southeast corner of the SE1⁄4 NW1⁄4, said point 

being the point of beginning, and running northwesterly 

to the northwest corner of the SE1⁄4 SE11⁄4 NW1⁄4, thence 

running south along the west boundary of the SE1⁄4 SE1⁄4

NW1⁄4 to the southwest corner thereof, thence running 

east along the south boundary of the SE1⁄4 SE1⁄4 NW1⁄4

to the point of beginning. 

(2) SURVEY.—The exact acreage and legal description of 

the National Forest System land to be conveyed under this 

section shall be determined by a survey satisfactory to the 

Secretary. 

(d) CONSIDERATION.— 

(1) IN GENERAL.—The consideration for the conveyance of 

any National Forest System land under this section shall be— 

(A) provided in the form of cash; and 

(B) in an amount equal to the fair market value of 

the National Forest System land being conveyed, as determined under paragraph (2). 

(2) FAIR MARKET VALUE DETERMINATION.—The fair market 

value of the National Forest System land conveyed under this 

section shall be determined— 

(A) in the case of a method of conveyance described 

in subsection (b), by an appraisal that is— 

(i) conducted in accordance with the Uniform 

Appraisal Standards for Federal Land Acquisitions; 

and 

(ii) approved by the Secretary; or 

(B) in the case of a conveyance by a method other 

than a method described in subsection (b), by competitive 

sale. 

(e) TERMS AND CONDITIONS.—The conveyance under this section 

shall be subject to— 

(1) valid existing rights; and 


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(2) such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United 

States. 

(f) PROCEEDS FROM SALE.—The Secretary shall deposit the 

proceeds of the conveyance of any National Forest System land 

under this section in the fund established under Public Law 90– 

171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

(g) COSTS.—As a condition for the conveyance under this section, the Secretary shall require the Alliance to pay at closing— 

(1) any reasonable appraisal costs; and 

(2) the costs of any administrative or environmental analysis required by applicable law (including regulations). 

SEC. 8632. REMOTE SENSING TECHNOLOGIES. 

The Chief of the Forest Service shall— 

(1) continue to find efficiencies in the operations of the 

forest inventory and analysis program under section 3(e) of 

the Forest and Rangeland Renewable Resources Research Act 

of 1978 (16 U.S.C. 1642(e)) through the improved use and 

integration of advanced remote sensing technologies to provide 

estimates for State- and national-level inventories, where 

appropriate; and 

(2) partner with States and other interested stakeholders 

to carry out the program described in paragraph (1). 

PART III—TIMBER INNOVATION 

SEC. 8641. DEFINITIONS. 

In this part: 

(1) INNOVATIVE WOOD PRODUCT.—The term ‘‘innovative 

wood product’’ means a type of building component or system 

that uses large panelized wood construction, including mass 

timber. 

(2) MASS TIMBER.—The term ‘‘mass timber’’ includes— 

(A) cross-laminated timber; 

(B) nail laminated timber; 

(C) glue laminated timber; 

(D) laminated strand lumber; and 

(E) laminated veneer lumber. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Research and Development deputy 

area and the State and Private Forestry deputy area of the 

Forest Service. 

(4) TALL WOOD BUILDING.—The term ‘‘tall wood building’’ 

means a building designed to be— 

(A) constructed with mass timber; and 

(B) more than 85 feet in height. 

SEC. 8642. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD BUILDING CONSTRUCTION. 

(a) IN GENERAL.—The Secretary shall conduct performancedriven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood 

products in wood building construction in the United States. 

(b) ACTIVITIES.—In carrying out subsection (a), the Secretary 

shall— 

7 USC 7655c. 

7 USC 7655c 

note. 

16 USC 1642 

note. 


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(1) after receipt of input and guidance from, and collaboration with, the wood products industry, conservation organizations, and institutions of higher education, conduct research 

and development, education, and technical assistance at the 

Forest Products Laboratory or through the State and Private 

Forestry deputy area that meets measurable performance goals 

for the achievement of the priorities described in subsection 

(c); and 

(2) after coordination and collaboration with the wood products industry and conservation organizations, make competitive 

grants to institutions of higher education to conduct research 

and development, education, and technical assistance that 

meets measurable performance goals for the achievement of 

the priorities described in subsection (c). 

(c) PRIORITIES.—The research and development, education, and 

technical assistance conducted under subsection (a) shall give priority to— 

(1) ways to improve the commercialization of innovative 

wood products; 

(2) analyzing the safety of tall wood building materials; 

(3) calculations by the Forest Products Laboratory of the 

lifecycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building 

construction; 

(4) analyzing methods to reduce the lifecycle environmental 

footprint of tall wood building construction; 

(5) analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and 

(6) 1 or more other research areas identified by the Secretary, in consultation with conservation organizations, institutions of higher education, and the wood products industry. 

(d) TIMEFRAME.—To the maximum extent practicable, the measurable performance goals for the research and development, education, and technical assistance conducted under subsection (a) 

shall be achievable within a 5-year timeframe. 

SEC. 8643. WOOD INNOVATION GRANT PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) an individual; 

(B) a public or private entity (including a center of 

excellence that consists of 1 or more partnerships between 

forestry, engineering, architecture, or business schools at 

1 or more institutions of higher education); or 

(C) a State, local, or Tribal government. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Chief of the Forest Service. 

(b) GRANT PROGRAM.— 

(1) IN GENERAL.—The Secretary, in carrying out the wood 

innovation grant program of the Secretary described in the 

notice of the Secretary entitled ‘‘Request for Proposals: 2016 

Wood Innovations Funding Opportunity’’ (80 Fed. Reg. 63498 

(October 20, 2015)), may make a wood innovation grant to 

1 or more eligible entities each year for the purpose of 

advancing the use of innovative wood products. 

(2) PROPOSALS.—To be eligible to receive a grant under 

this subsection, an eligible entity shall submit to the Secretary 

7 USC 7655d. 


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a proposal at such time, in such manner, and containing such 

information as the Secretary may require. 

(c) INCENTIVIZING USE OF EXISTING MILLING CAPACITY.—In 

selecting among proposals of eligible entities under subsection (b)(2), 

the Secretary shall give priority to proposals that include the use 

or retrofitting (or both) of existing sawmill facilities located in 

counties in which the average annual unemployment rate exceeded 

the national average unemployment rate by more than 1 percent 

in the previous calendar year. 

(d) MATCHING REQUIREMENT.—As a condition of receiving a 

grant under subsection (b), an eligible entity shall provide funds 

equal to the amount received by the eligible entity under the 

grant, to be derived from non-Federal sources. 

SEC. 8644. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM. 

Section 9013 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8113) is amended to read as follows: 

‘‘SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COMMUNITY WOOD ENERGY SYSTEM.— ‘‘(A) IN GENERAL.—The term ‘community wood energy 

system’ means an energy system that— 

‘‘(i) produces thermal energy or combined thermal 

energy and electricity where thermal is the primary 

energy output; 

‘‘(ii) services public facilities owned or operated 

by State or local governments (including schools, town 

halls, libraries, and other public buildings) or private 

or nonprofit facilities (including commercial and business facilities, such as hospitals, office buildings, apartment buildings, and manufacturing and industrial 

buildings); and 

‘‘(iii) uses woody biomass, including residuals— 

‘‘(I) that have not been adulterated with glue 

or other chemical treatments from wood processing 

facilities, as the primary fuel; and 

‘‘(II) for which the use of that biomass for 

energy production does not cause conversion of 

forests to nonforest use. 

‘‘(B) INCLUSIONS.—The term ‘community wood energy 

system’ includes single-facility central heating, district 

heating systems serving multiple buildings, combined heat 

and electric systems where thermal energy is the primary 

energy output, and other related biomass energy systems. 

‘‘(2) INNOVATIVE WOOD PRODUCT FACILITY.—The term 

‘innovative wood product facility’ means a manufacturing or 

processing plant or mill that produces— 

‘‘(A) building components or systems that use large 

panelized wood construction, including mass timber; 

‘‘(B) wood products derived from nanotechnology or 

other new technology processes, as determined by the Secretary; or 

‘‘(C) other innovative wood products that use low-value, 

low-quality wood, as determined by the Secretary. 

‘‘(3) MASS TIMBER.—The term ‘mass timber’ includes— 


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‘‘(A) cross-laminated timber; 

‘‘(B) nail-laminated timber; 

‘‘(C) glue-laminated timber; 

‘‘(D) laminated strand lumber; and 

‘‘(E) laminated veneer lumber. 

‘‘(4) PROGRAM.—The term ‘Program’ means the Community 

Wood Energy and Wood Innovation Program established under 

subsection (b). 

‘‘(b) COMPETITIVE GRANT PROGRAM.—The Secretary, acting 

through the Chief of the Forest Service, shall establish a competitive 

grant program to be known as the ‘Community Wood Energy and 

Wood Innovation Program’. 

‘‘(c) MATCHING GRANTS.— ‘‘(1) IN GENERAL.—Under the Program, the Secretary shall 

make grants to cover not more than 35 percent of the capital 

cost for installing a community wood energy system or building 

an innovative wood product facility. 

‘‘(2) SPECIAL CIRCUMSTANCES.—The Secretary may establish special circumstances, such as in the case of a community 

wood energy system project or innovative wood product facility 

project involving a school or hospital in a low-income community, under which grants under the Program may cover up 

to 50 percent of the capital cost. 

‘‘(3) SOURCE OF MATCHING FUNDS.—Matching funds 

required pursuant to this subsection from a grant recipient 

shall be derived from non-Federal funds. 

‘‘(d) PROJECT CAP.—The total amount of grants under the Program for a community wood energy system project or innovative 

wood product facility project may not exceed— 

‘‘(1) in the case of grants under the general authority 

provided under subsection (c)(1), $1,000,000; and 

‘‘(2) in the case of grants for which the special circumstances apply under subsection (c)(2), $1,500,000. 

‘‘(e) SELECTION CRITERIA.—In selecting applicants for grants 

under the Program, the Secretary shall consider the following: 

‘‘(1) The energy efficiency of the proposed community wood 

energy system or innovative wood product facility. 

‘‘(2) The cost effectiveness of the proposed community wood 

energy system or innovative wood product facility. 

‘‘(3) The extent to which the proposed community wood 

energy system or innovative wood product facility represents 

the best available commercial technology. 

‘‘(4) The extent to which the proposed community wood 

energy system uses the most stringent control technology that 

has been required or achieved in practice for a wood-fired 

boiler of similar size and type. 

‘‘(5)(A) The extent to which the proposed community wood 

energy system will displace conventional fossil fuel generation. 

‘‘(B) Whether the proposed community wood energy system 

minimizes emission increases to the greatest extent possible. 

‘‘(6) The extent to which the proposed community wood 

energy system will increase delivered thermal efficiency of the 

systems replaced. 

‘‘(7) The extent to which the applicant has demonstrated 

a high likelihood of project success by completing detailed 

engineering and design work in advance of the grant application. 


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‘‘(8) Other technical, economic, conservation, and environmental criteria that the Secretary considers appropriate. 

‘‘(f) GRANT PRIORITIES.—In selecting applicants for grants under 

the Program, the Secretary shall give priority to proposals that 

use the most stringent control technology that has been required 

or achieved in practice for a wood-fired boiler and— 

‘‘(1) would be carried out in a location where markets 

are needed for the low-value, low-quality wood; 

‘‘(2) would be carried out in a location with limited access 

to natural gas pipelines; 

‘‘(3) would include the use or retrofitting (or both) of 

existing sawmill facilities located in a location where the average annual unemployment rate exceeded the national average 

unemployment rate by more than 1 percent during the previous 

calendar year; or 

‘‘(4) would be carried out in a location where the project 

will aid with forest restoration. 

‘‘(g) LIMITATIONS.— 

‘‘(1) CAPACITY OF COMMUNITY WOOD ENERGY SYSTEMS.— 

A community wood energy system acquired with grant funds 

under the Program shall not exceed nameplate capacity of 

5 megawatts of thermal energy or combined thermal and electric energy. 

‘‘(2) FUNDING FOR INNOVATIVE WOOD PRODUCT FACILITIES.— 

Not more than 25 percent of funds provided as grants under 

the Program for a fiscal year may go to applicants proposing 

innovative wood product facilities, unless the Secretary has 

received an insufficient number of qualified proposals for 

community wood energy systems. 

‘‘(h) FUNDING.—There is authorized to be appropriated to carry 

out the Program $25,000,000 for each of fiscal years 2019 through 

2023.’’. 

Subtitle G—Other Matters 

SEC. 8701. RURAL REVITALIZATION TECHNOLOGIES. 

Section 2371(d)(2) of the Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking 

‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 8702. RESOURCE ADVISORY COMMITTEES. 

Section 205 of the Secure Rural Schools and Community SelfDetermination Act of 2000 (16 U.S.C. 7125) is amended— 

(1) in subsection (d)— 

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

‘‘Except as provided in paragraph (6), each’’; 

(B) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘Committee’’ and inserting ‘‘Except 

as provided in paragraph (6), committee’’; and 

(C) by adding at the end the following: 

‘‘(6) COMMITTEE COMPOSITION WAIVER AUTHORITY.— 

‘‘(A) NOTICE.—On notice from the applicable regional 

forester that an adequate number of qualified candidates 

are not interested or available to serve on a resource 

advisory committee, the Secretary concerned shall publish 


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a notice in the Federal Register seeking candidates for 

the resource advisory committee. 

‘‘(B) MODIFICATION OF MEMBERSHIP REQUIREMENTS.— 

If, by the date that is 30 days after the date of publication 

of notice under subparagraph (A), an inadequate number 

of qualified candidates have applied to serve on a resource 

advisory committee, the Secretary concerned may reduce— 

‘‘(i) the membership requirement under paragraph 

(1) to not fewer than 9; and 

‘‘(ii) the membership requirements under subparagraphs (A), (B), and (C) of paragraph (2) to 3 in each 

category described in that paragraph, except that 

where a vacancy exists on a resource advisory committee, the Secretary concerned may not reject a qualified applicant from any category. 

‘‘(C) TERMINATION OF AUTHORITY.—The authority provided under this paragraph terminates on October 1, 

2023.’’; and 

(2) by adding at the end the following: 

‘‘(g) REGIONAL APPOINTMENT PILOT PROGRAM.— 

‘‘(1) DEFINITION OF APPLICABLE DESIGNEE.—In this subsection, the term ‘applicable designee’ means the applicable 

regional forester. 

‘‘(2) PILOT PROGRAM.—The Secretary concerned shall carry 

out a pilot program (referred to in this subsection as the ‘pilot 

program’) to allow an applicable designee to appoint members 

of resource advisory committees. 

‘‘(3) GEOGRAPHIC LIMITATION.—The pilot program shall only 

apply to resource advisory committees chartered in— 

‘‘(A) the State of Montana; and 

‘‘(B) the State of Arizona. 

‘‘(4) RESPONSIBILITIES OF APPLICABLE DESIGNEE.— 

‘‘(A) REVIEW.—Before appointing a member of a 

resource advisory committee under the pilot program, an 

applicable designee shall conduct the review and analysis 

that would otherwise be conducted for an appointment 

to a resource advisory committee if the pilot program was 

not in effect, including any review and analysis with respect 

to civil rights and budgetary requirements. 

‘‘(B) SAVINGS CLAUSE.—Nothing in this subsection 

relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect 

on the date of enactment of this subsection, including any 

requirement for advertising a vacancy. 

‘‘(5) TERMINATION OF EFFECTIVENESS.—The authority provided under this subsection terminates on October 1, 2023. 

‘‘(6) REPORT TO CONGRESS.—Not later than the date that 

is 180 days after the date described in paragraph (5), the 

Secretary concerned shall submit to Congress a report that 

includes— 

‘‘(A) with respect to appointments made under the 

pilot program compared to appointments to resource 

advisory committees not made under the pilot program, 

a description of the extent to which— 

‘‘(i) appointments were faster or slower; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4877 

‘‘(ii) the requirements described in paragraph (4) 

differ; and 

‘‘(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the 

pilot program.’’. 

SEC. 8703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT. 

(a) IN GENERAL.—The Secretary of the Interior and the Secretary may carry out demonstration projects by which federally 

recognized Indian Tribes or Tribal organizations may contract to 

perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a 

et seq.) through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.). 

(b) REQUIREMENTS.—With respect to any contract or project 

carried out under subsection (a)— 

(1) on National Forest System land, the Secretary shall 

carry out all functions delegated to the Secretary of the Interior 

under the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 5304 et seq.); 

(2) the Secretary or the Secretary of the Interior, as 

applicable, shall make any decisions required to be made 

under— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); and 

(B) the Tribal Forest Protection Act of 2004 (25 U.S.C. 

3115a et seq.); and 

(3) the contract or project shall be entered into under, 

and in accordance with, section 403(b)(2) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

5363(b)(2)). 

SEC. 8704. TECHNICAL CORRECTIONS. 

(a) WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT

ACTIVITIES ACT.— 

(1) IN GENERAL.—The Wildfire Suppression Funding and 

Forest Management Activities Act (Public Law 115–141) is 

amended— 

(A) in section 102(a)(2), by striking ‘‘the date of enactment’’ and inserting ‘‘the date of the enactment’’; and 

(B) in section 401(a)(1), by inserting ‘‘of 2000’’ after 

‘‘Self-Determination Act’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act (Public 

Law 115–141). 

(b) AGRICULTURAL ACT OF 2014.—Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) (as amended by section 

8624(b)) is amended— 

(1) in paragraph (4)(B)(i)(II), by striking ‘‘Good Neighbor 

Authority Improvement Act’’ and inserting ‘‘Wildfire Suppression Funding and Forest Management Activities Act’’; and 

(2) in paragraph (8), by striking ‘‘Good Neighbor Authority 

Improvement Act’’ and inserting ‘‘Wildfire Suppression Funding 

and Forest Management Activities Act’’. 

2 USC 901 note. 

Ante, p. 1076. 

Ante, p. 1059. 

25 USC 3115b. 


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132 STAT. 4878 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 8705. STREAMLINING THE FOREST SERVICE PROCESS FOR 

CONSIDERATION OF COMMUNICATIONS FACILITY LOCATION APPLICATIONS. 

(a) DEFINITIONS.—In this section: 

(1) COMMUNICATIONS FACILITY.—The term ‘‘communications 

facility’’ includes— 

(A) any infrastructure, including any transmitting 

device, tower, or support structure, and any equipment, 

switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed 

wireless or wireline transmission of writings, signs, signals, 

data, images, pictures, and sounds of all kinds; and 

(B) any antenna or apparatus that— 

(i) is designed for the purpose of emitting radio 

frequency; 

(ii) is designed to be operated, or is operating, 

from a fixed location pursuant to authorization by the 

Federal Communications Commission or is using duly 

authorized devices that do not require individual 

licenses; and 

(iii) is added to a tower, building, or other structure. 

(2) COMMUNICATIONS SITE.—The term ‘‘communications 

site’’ means an area of covered land designated for communications uses. 

(3) COMMUNICATIONS USE.—The term ‘‘communications 

use’’ means the placement and operation of a communications 

facility. 

(4) COMMUNICATIONS USE AUTHORIZATION.—The term 

‘‘communications use authorization’’ means an easement, rightof-way, lease, license, or other authorization to locate or modify 

a communications facility on covered land by the Forest Service 

for the primary purpose of authorizing the occupancy and use 

of the covered land for communications use. 

(5) COVERED LAND.—The term ‘‘covered land’’ means 

National Forest System land. 

(6) FOREST SERVICE.—The term ‘‘Forest Service’’ means 

the United States Forest Service of the Department of Agriculture. 

(7) ORGANIZATIONAL UNIT.—The term ‘‘organizational unit’’ 

means, within the Forest Service— 

(A) a regional office; 

(B) the headquarters; 

(C) a management unit; or 

(D) a ranger district office. 

(b) REGULATIONS.—Notwithstanding section 6409 of the Middle 

Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) 

or section 606 of the Repack Airwaves Yielding Better Access for 

Users of Modern Services Act of 2018 (Public Law 115–141), not 

later than 1 year after the date of enactment of this Act, the 

Secretary shall issue regulations— 

(1) to streamline the process for considering applications 

to locate or modify communications facilities on covered land; 

(2) to ensure, to the maximum extent practicable, that 

the process is uniform and standardized across the organizational units of the Forest Service; and 

43 USC 1761a. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4879 

(3) to require that the applications described in paragraph 

(1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis. 

(c) REQUIREMENTS.—The regulations issued under subsection 

(b) shall include the following: 

(1) Procedures for the tracking of applications described 

in subsection (b)(1), including— 

(A) identifying the number of applications— 

(i) received; 

(ii) approved; and 

(iii) denied; 

(B) in the case of an application that is denied, 

describing the reasons for the denial; and 

(C) describing the amount of time between the receipt 

of an application and the issuance of a final decision on 

an application. 

(2) Provision for minimum lease terms of not less than 

15 years for leases with respect to the location of communications facilities on covered land. 

(3) A structure of fees for— 

(A) submitting an application described in subsection 

(b)(1), based on the cost to the Forest Service of considering 

such an application; and 

(B) issuing communications use authorizations, based 

on the cost to the Forest Service of any maintenance or 

other activities required to be performed by the Forest 

Service as a result of the location or modification of the 

communications facility. 

(4) Provision for prioritization or streamlining of the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way. 

(d) ADDITIONAL CONSIDERATIONS.—In issuing regulations under 

subsection (b), the Secretary shall consider— 

(1) how discrete reviews in considering an application 

described in subsection (b)(1) can be conducted simultaneously, 

rather than sequentially, by any organizational units of the 

Forest Service that must approve the location or modification; 

and 

(2) how to eliminate overlapping requirements among the 

organizational units of the Forest Service with respect to the 

location or modification of a communications facility on covered 

land administered by those organizational units. 

(e) COMMUNICATION OF STREAMLINED PROCESS TO ORGANIZATIONAL UNITS.—The Secretary shall, with respect to the regulations 

issued under subsection (b)— 

(1) communicate the regulations to the organizational units 

of the Forest Service; and 

(2) ensure that the organizational units of the Forest 

Service follow the regulations. 

(f) DEPOSIT AND AVAILABILITY OF FEES.— 

(1) SPECIAL ACCOUNT.—The Secretary of the Treasury shall 

establish a special account in the Treasury for the Forest 

Service for the deposit of fees collected by the Forest Service 

under subsection (c)(3) for communications use authorizations 

on covered land granted, issued, or executed by the Forest 

Service. 


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132 STAT. 4880 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) REQUIREMENTS FOR FEES COLLECTED.—Fees collected 

by the Forest Service under subsection (c)(3) shall be— 

(A) based on the costs described in subsection (c)(3); 

and 

(B) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site. 

(3) DEPOSIT OF FEES.—Fees collected by the Forest Service 

under subsection (c)(3) shall be deposited in the special account 

established for the Forest Service under paragraph (1). 

(4) AVAILABILITY OF FEES.—Amounts deposited in the special account for the Forest Service shall be available, to the 

extent and in such amounts as are provided in advance in 

appropriation Acts, to the Secretary to cover costs incurred 

by the Forest Service described in subsection (c)(3), including 

the following: 

(A) Preparing needs assessments or other programmatic analyses necessary to designate communications 

sites and issue communications use authorizations. 

(B) Developing management plans for communications 

sites. 

(C) Training for management of communications sites. 

(D) Obtaining or improving access to communications 

sites. 

(5) NO ADDITIONAL APPROPRIATIONS AUTHORIZED.—Except 

as provided in paragraph (4), no other amounts are authorized 

to be appropriated to carry out this section. 

(g) SAVINGS PROVISIONS.— 

(1) REAL PROPERTY AUTHORITIES.—Nothing in this section, 

or the amendments made by this section, shall be construed 

as providing any executive agency with any new leasing or 

other real property authorities not existing prior to the date 

of enactment of this Act. 

(2) EFFECT ON OTHER LAWS.—Nothing in this section, or 

the amendments made by this section, and no actions taken 

pursuant to this section, or the amendments made by this 

section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, 

reuse, or redevelop any Federal real property pursuant to title 

40, United States Code, the Federal Assets Sale and Transfer 

Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287), or 

any other law governing real property activities of the Federal 

Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate 

the Federal Government to hold, control, or otherwise retain 

or use real property that may otherwise be deemed as excess, 

surplus, or that could otherwise be sold, leased, or redeveloped. 

SEC. 8706. REPORT ON WILDFIRE, INSECT INFESTATION, AND DISEASE 

PREVENTION ON FEDERAL LAND. 

Not later than 180 days after the date of the enactment of 

this Act and every year thereafter, the Secretary and the Secretary 

of Interior shall submit to the Committee on Agriculture of the 

House of Representatives, the Committee on Natural Resources 

of the House of Representatives, the Committee on Agriculture, 

Nutrition, and Forestry of the Senate, and the Committee on Energy 

and Natural Resources of the Senate a jointly written report on— 

43 USC 1748d. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4881 

(1) the number of acres of Federal land treated by the 

Secretary or the Secretary of the Interior for wildfire, insect 

infestation, or disease prevention; 

(2) the number of acres of Federal land categorized as 

a high or extreme fire risk; 

(3) the total timber production from Federal land; 

(4) the number of acres and average fire intensity of 

wildfires affecting Federal land treated for wildfire, insect 

infestation, or disease prevention; 

(5) the number of acres and average fire intensity of 

wildfires affecting Federal land not treated for wildfire, insect 

infestation, or disease prevention; 

(6) the Federal response time for each fire on greater 

than 25,000 acres; 

(7) the number of miles of roads and trails on Federal 

land in need of maintenance; 

(8) the number of miles of roads on Federal land in need 

of decommissioning; 

(9) the maintenance backlog, as of the date of the report, 

for roads, trails, and recreational facilities on Federal land; 

(10) other measures needed to maintain, improve, or restore 

water quality on Federal land; and 

(11) other measures needed to improve ecosystem function 

or resiliency on Federal land. 

SEC. 8707. WEST FORK FIRE STATION. 

(a) DEFINITIONS.—In this section: 

(1) COUNTY.—The term ‘‘County’’ means Dolores County, 

Colorado. 

(2) WEST FORK FIRE STATION CONVEYANCE PARCEL.—The 

term ‘‘West Fork Fire Station Conveyance Parcel’’ means the 

parcel of approximately 3.61 acres of National Forest System 

land in the County, as depicted on the map entitled ‘‘Map 

for West Fork Fire Station Conveyance Parcel’’ and dated 

November 21, 2017. 

(b) CONVEYANCE OF WEST FORK FIRE STATION CONVEYANCE

PARCEL, DOLORES COUNTY, COLORADO.— 

(1) IN GENERAL.—On receipt of a request from the County 

and subject to such terms and conditions as are mutually 

satisfactory to the Secretary and the County, including such 

additional terms as the Secretary determines to be necessary, 

the Secretary shall convey to the County without consideration 

all right, title, and interest of the United States in and to 

the West Fork Fire Station Conveyance Parcel. 

(2) COSTS.—Any costs relating to the conveyance under 

paragraph (1), including processing and transaction costs, shall 

be paid by the County. 

(3) USE OF LAND.—The land conveyed to the County under 

paragraph (1) shall be used by the County only for a fire 

station, related infrastructure, and roads to facilitate access 

to and through the West Fork Fire Station Conveyance Parcel. 

(4) REVERSION.—If any portion of the land conveyed under 

paragraph (1) is used in a manner that is inconsistent with 

the use described in paragraph (3), the land shall, at the 

discretion of the Secretary, revert to the United States. 


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132 STAT. 4882 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 8708. COMPETITIVE FORESTRY, NATURAL RESOURCES, AND 

ENVIRONMENTAL GRANTS PROGRAM. 

Section 1232 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (16 U.S.C. 582a–8) is amended— 

(1) in subsection (a) by inserting ‘‘or forest restoration’’ 

after ‘‘research’’; and 

(2) by amending subsection (c) to read as follows: 

‘‘(c) PRIORITIES.— ‘‘(1) RESEARCH.—In awarding the initial grants under subsection (a) the Secretary shall give priority to applicants who 

will use such grants for research concerning— 

‘‘(A) the biology of forest organisms, including physiology, genetic mechanisms, and biotechnology; 

‘‘(B) ecosystem function and management, including 

forest ecosystem research, biodiversity, forest productivity, 

pest management, water resources, and alternative silvicultural systems; 

‘‘(C) wood as a raw material, including forest products 

and harvesting; 

‘‘(D) human forest interactions, including outdoor recreation, public policy formulation, economics, sociology, and 

administrative behavior; 

‘‘(E) international trade, competition, and cooperation 

related to forest products; 

‘‘(F) alternative native crops, products, and services 

that can be produced from renewable natural resources 

associated with privately held forest lands; 

‘‘(G) viable economic production and marketing systems 

for alternative natural resource products and services; 

‘‘(H) economic and environmental benefits of various 

conservation practices on forest lands; 

‘‘(I) genetic tree improvement; and 

‘‘(J) market expansion. 

‘‘(2) FOREST RESTORATION.—Grants may be used to support 

programs that restore forest tree species native to American 

forests that may have suffered severe levels of mortality caused 

by non-native insects, plant pathogens, or others pests. 

‘‘(A) REQUIRED COMPONENT OF FOREST RESTORATION

STRATEGY.—To receive a grant under this subsection, an 

eligible institution shall demonstrate that it offers a program with a forest restoration strategy that incorporates 

not less than one of the following components: 

‘‘(i) Collection and conservation of native tree 

genetic material. 

‘‘(ii) Production of propagules of native trees in 

numbers large enough for landscape scale restoration. 

‘‘(iii) Site preparation of former of native tree 

habitat. 

‘‘(iv) Planting of native tree seedlings. 

‘‘(v) Post-planting maintenance of native trees. 

‘‘(B) AWARD OF GRANTS.—The Secretary shall award 

competitive grants under this subsection based on the 

degree to which the applicant addresses the following criteria: 

‘‘(i) Risk posed to the forests of that State by 

non-native pests, as measured by such factors as the 

number of such pests present in the State. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4883 

‘‘(ii) The proportion of the State’s forest composed 

of species vulnerable to non-native pests present in 

the United States. 

‘‘(iii) The pests’ rate of spread via natural or 

human-assisted means.’’. 

TITLE IX—ENERGY 

SEC. 9001. DEFINITIONS. 

Section 9001 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8101) is amended— 

(1) in paragraph (4)(A), by striking ‘‘agricultural materials’’ 

and inserting ‘‘agricultural materials, renewable chemicals,’’; 

(2) in paragraph (7)(A), by striking ‘‘into biofuels and 

biobased products; and’’ and inserting the following: ‘‘or an 

intermediate ingredient or feedstock of renewable biomass into 

any 1 or more, or a combination, of— 

‘‘(i) biofuels; 

‘‘(ii) renewable chemicals; or 

‘‘(iii) biobased products; and’’; and 

(3) in paragraph (16)— 

(A) in subparagraph (A)— 

(i) in the matter preceding clause (i), by striking 

‘‘(B)’’ and inserting ‘‘(C)’’; and 

(ii) by striking ‘‘that—’’ in the matter preceding 

clause (i) and all that follows through the period at 

the end of clause (ii) and inserting ‘‘that produces 

usable energy from a renewable energy source.’’; 

(B) by redesignating subparagraph (B) as subparagraph (C); and 

(C) by inserting after subparagraph (A) the following: 

‘‘(B) INCLUSIONS.—The term ‘renewable energy system’ 

includes— 

‘‘(i) distribution components necessary to move 

energy produced by a system described in subparagraph (A) to the initial point of sale; and 

‘‘(ii) other components and ancillary infrastructure 

of a system described in subparagraph (A), such as 

a storage system.’’. 

SEC. 9002. BIOBASED MARKETS PROGRAM. 

Section 9002 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8102) is amended— 

(1) in subsection (b)(2)(A), by adding at the end the following: 

‘‘(iii) RENEWABLE CHEMICALS.—Not later than 180 

days after the date of enactment of this clause, the 

Secretary shall update the criteria issued under clause 

(i) to provide criteria for determining which renewable 

chemicals may qualify to receive the label under paragraph (1).’’; 

(2) by amending subsection (f) to read as follows: 

‘‘(f) MANUFACTURERS OF RENEWABLE CHEMICALS AND BIOBASED

PRODUCTS.— 


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132 STAT. 4884 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(1) NAICS CODES.—The Secretary and the Secretary of 

Commerce shall jointly develop North American Industry 

Classification System codes for— 

‘‘(A) renewable chemicals manufacturers; and 

‘‘(B) biobased products manufacturers. 

‘‘(2) NATIONAL TESTING CENTER REGISTRY.—The Secretary 

shall establish a national registry of testing centers for biobased 

products that will serve biobased product manufacturers.’’; 

(3) by redesignating subsections (h) through (j) as subsections (j) through (l), respectively; 

(4) by inserting after subsection (g) the following: 

‘‘(h) STREAMLINING.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this subsection, the Secretary shall establish 

guidelines for an integrated process under which biobased products may be, in 1 expedited approval process— 

‘‘(A) determined to be eligible for a Federal procurement preference under subsection (a); and 

‘‘(B) approved to use the ‘USDA Certified Biobased 

Product’ label under subsection (b). 

‘‘(2) INITIATION.—The Secretary shall ensure that a review 

of a biobased product under the integrated qualification process 

established pursuant to paragraph (1) may be initiated on 

receipt of a recommendation or petition from a manufacturer, 

vendor, or other interested party. 

‘‘(3) PRODUCT DESIGNATIONS.—The Secretary may issue a 

product designation pursuant to subsection (a)(3)(B), or approve 

the use of the ‘USDA Certified Biobased Product’ label under 

subsection (b), through streamlined procedures, which shall 

not be subject to chapter 7 of title 5, United States Code. 

‘‘(i) REQUIREMENT OF PROCURING AGENCIES.—A procuring 

agency (as defined in subsection (a)(1)) shall not establish regulations, guidance, or criteria regarding the procurement of biobased 

products, pursuant to this section or any other law, that impose 

limitations on that procurement that are more restrictive than 

the limitations established by the Secretary under the regulations 

to implement this section.’’; 

(5) in subsection (k) (as so redesignated)— 

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

‘‘2023’’; and 

(B) in paragraph (2), by striking ‘‘$2,000,000 for each 

of fiscal years 2014 through 2018’’ and inserting 

‘‘$3,000,000 for each of fiscal years 2019 through 2023’’; 

and 

(6) by adding at the end the following: 

‘‘(m) RURAL DEVELOPMENT MISSION AREA.—In carrying out this 

section, except as provided in subsection (g), the Secretary shall 

act through the rural development mission area.’’. 

SEC. 9003. BIOREFINERY ASSISTANCE. 

Section 9003 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8103) is amended— 

(1) in subsection (b)(3)— 

(A) in subparagraph (A), by striking ‘‘produces an 

advanced biofuel; and’’ and inserting the following: ‘‘produces any 1 or more, or a combination, of— 

‘‘(i) an advanced biofuel; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4885 

‘‘(ii) a renewable chemical; or 

‘‘(iii) a biobased product; and’’; and 

(B) in subparagraph (B), by striking ‘‘produces an 

advanced biofuel.’’ and inserting the following: ‘‘produces 

any 1 or more, or a combination, of— 

‘‘(i) an advanced biofuel; 

‘‘(ii) a renewable chemical; or 

‘‘(iii) a biobased product.’’; and 

(2) in subsection (g)— 

(A) in paragraph (1)(A)— 

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

(ii) in clause (ii), by striking the period at the 

end and inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(iii) $50,000,000 for fiscal year 2019; and 

‘‘(iv) $25,000,000 for fiscal year 2020.’’; and 

(B) in paragraph (2), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

SEC. 9004. REPOWERING ASSISTANCE PROGRAM. 

Section 9004 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8104) is repealed. 

SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS. 

Section 9005 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8105) is amended— 

(1) in subsection (e)— 

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

following new paragraph: 

‘‘(1) AMOUNT.—The Secretary shall’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) FEEDSTOCK.—The total amount of payments made in 

a fiscal year under this section to one or more eligible producers 

for the production of advanced biofuels derived from a single 

eligible commodity, including intermediate ingredients of that 

single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity, 

shall not exceed one-third of the total amount of funds made 

available under subsection (g).’’; and 

(2) in subsection (g)— 

(A) in paragraph (1)— 

(i) in subparagraph (D), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (E), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(F) $7,000,000 for each of fiscal years 2019 through 

2023.’’; and 

(B) in paragraph (2), by striking ‘‘2014 through 2018’’ 

and inserting ‘‘2019 through 2023’’. 

SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM. 

Section 9006(d) of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 8106(d)) is amended to read as follows: 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $2,000,000 for each 

of fiscal years 2019 through 2023.’’. 


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132 STAT. 4886 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM. 

Section 9007 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8107) is amended— 

(1) in subsection (c)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.— 

‘‘(A) ASSISTANCE.—In addition to any similar authority, 

the Secretary shall provide— 

‘‘(i) loan guarantees and grants to agricultural producers and rural small businesses— 

‘‘(I) to purchase renewable energy systems, 

including systems that may be used to produce 

and sell electricity; and 

‘‘(II) to make energy efficiency improvements; 

and 

‘‘(ii) loan guarantees to agricultural producers to 

purchase and install energy efficient equipment or systems for agricultural production or processing that 

exceed— 

‘‘(I) energy efficiency building codes, if 

applicable; 

‘‘(II) Federal or State energy efficiency standards, if applicable; and 

‘‘(III) other energy efficiency standards determined appropriate by the Secretary. 

‘‘(B) LIMITATIONS.—With respect to loan guarantees 

under subparagraph (A)(ii)— 

‘‘(i) if no codes or standards described in such 

subparagraph apply to the energy efficient equipment 

or system to be purchased or installed pursuant to 

such subparagraph, the Secretary shall require, to the 

maximum extent practicable, such equipment or 

system to meet the same efficiency measurements as 

the most efficient available equipment or system in 

the market; and 

‘‘(ii) the Secretary shall not provide such a loan 

guarantee for the purchase or installation of any 

energy efficient equipment or system unless more than 

one type of such equipment or system is available 

in the market.’’; and 

(B) in paragraph (3), by adding at the end the following: 

‘‘(D) LOAN GUARANTEES FOR ENERGY EFFICIENT EQUIP- MENT TO AGRICULTURAL PRODUCERS.—Using funds made 

available under paragraphs (1) and (3) of subsection (f), 

in each fiscal year the Secretary may use for loan guarantees under paragraph (1)(A)(ii) an amount that does not 

exceed 15 percent of such funds.’’; 

(2) in subsection (e), by striking ‘‘subsection (g)’’ each place 

it appears and inserting ‘‘subsection (f)’’; 

(3) by striking subsection (f) and redesignating subsection 

(g) as subsection (f); and 

(4) in subsection (f)(3) (as so redesignated), by striking 

‘‘2014 through 2018’’ and inserting ‘‘2019 through 2023’’. 

SEC. 9008. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE. 

Section 9009 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8109) is repealed. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4887 

SEC. 9009. FEEDSTOCK FLEXIBILITY. 

Section 9010(b) of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 8110(b)) is amended— 

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

‘‘2023’’; and 

(2) in paragraph (2)(A), by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM. 

Section 9011 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8111) is amended— 

(1) in subsection (a)(6)— 

(A) in subparagraph (B)— 

(i) in clause (ii)(II), by striking ‘‘and’’ at the end; 

(ii) in clause (iii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iv) algae.’’; and 

(B) in subparagraph (C)— 

(i) by striking clause (iv); and 

(ii) by redesignating clauses (v) through (vii) as 

clauses (iv) through (vi), respectively; and 

(2) in subsection (f)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $25,000,000 

for each of fiscal years 2019 through 2023.’’; and 

(B) by amending paragraph (3) to read as follows: 

‘‘(3) TECHNICAL ASSISTANCE.—Effective for fiscal year 2014 

and each subsequent fiscal year, funds made available under 

this subsection shall be available for the provision of technical 

assistance with respect to activities authorized under this section.’’. 

SEC. 9011. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM. 

Title IX of the Farm Security and Rural Investment Act of 

2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 9014. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) CARBON DIOXIDE.—The term ‘carbon dioxide’ means 

carbon dioxide that is produced as a byproduct of the production 

of a biobased product. 

‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an 

entity that— 

‘‘(A) is— 

‘‘(i) an organization described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt 

from taxation under section 501(a) of that Code; or 

‘‘(ii) an institution of higher education (as defined 

in section 101(a) of the Higher Education Act of 1965 

(20 U.S.C. 1001(a))); 

‘‘(B) has demonstrated knowledge about— 

‘‘(i) sequestration and utilization of carbon dioxide; 

or 

‘‘(ii) aggregation of organic waste from multiple 

sources into a single biogas system; and 

7 USC 8115. 


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132 STAT. 4888 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(C) has a demonstrated ability to conduct educational 

and technical support programs. 

‘‘(b) ESTABLISHMENT.—The Secretary, in consultation with the 

Secretary of Energy, shall make competitive grants to eligible entities— 

‘‘(1) to provide education to the public about the economic 

and emissions benefits of permanent sequestration or utilization 

of carbon dioxide with a primary objective of providing benefits 

and opportunities for rural businesses, rural communities, and 

utilities serving rural communities; or 

‘‘(2) to provide education to agricultural producers and 

other stakeholders about opportunities for aggregation of 

organic waste from multiple sources into a single biogas system. 

‘‘(c) FUNDING.—There are authorized to be appropriated for 

each of fiscal years 2019 through 2023— ‘‘(1) $1,000,000 to carry out subsection (b)(1); and 

‘‘(2) $1,000,000 to carry out subsection (b)(2).’’. 

TITLE X—HORTICULTURE 

SEC. 10101. SPECIALTY CROPS MARKET NEWS ALLOCATION. 

Section 10107(b) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 1622b(b)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 10102. LOCAL AGRICULTURE MARKET PROGRAM. 

(a) PURPOSE.—The purpose of this section is to combine the 

purposes and coordinate the functions, as in effect on the day 

before the date of enactment of this Act, of— 

(1) the Farmers’ Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer 

Direct Marketing Act of 1976 (7 U.S.C. 3005); and 

(2) the value-added agricultural product market development grants under section 231(b) of the Agricultural Risk 

Protection Act of 2000 (7 U.S.C. 1632a(b)). 

(b) LOCAL AGRICULTURE MARKET PROGRAM.—Subtitle A of the 

Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is 

amended by adding at the end the following: 

‘‘SEC. 210A. LOCAL AGRICULTURE MARKET PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) BEGINNING FARMER OR RANCHER.—The term ‘beginning 

farmer or rancher’ has the meaning given the term in section 

343(a) of the Consolidated Farm and Rural Development Act 

(7 U.S.C. 1991(a)). 

‘‘(2) DIRECT PRODUCER-TO-CONSUMER MARKETING.—The 

term ‘direct producer-to-consumer marketing’ has the meaning 

given the term ‘direct marketing from farmers to consumers’ 

in section 3 of the Farmer-to-Consumer Direct Marketing Act 

of 1976 (7 U.S.C. 3002). 

‘‘(3) FAMILY FARM.—The term ‘family farm’ has the meaning 

given the term in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)). 

‘‘(4) FOOD COUNCIL.—The term ‘food council’ means a food 

policy council or food and farm system network, as determined 

by the Secretary, that— 

‘‘(A) represents— 

7 USC 1627c. 

7 USC 1627c 

note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4889 

‘‘(i) multiple organizations involved in the production, processing, and consumption of food; and 

‘‘(ii) local, Tribal, or State governments; and 

‘‘(B) addresses food and farm-related issues and needs 

within city, county, State, Tribal region, multicounty 

region, or other region designated by the food council or 

food system network. 

‘‘(5) MAJORITY-CONTROLLED PRODUCER-BASED BUSINESS

VENTURE.— 

‘‘(A) IN GENERAL.—The term ‘majority-controlled producer-based business venture’ means a venture greater 

than 50 percent of the ownership and control of which 

is held by— 

‘‘(i) 1 or more producers; or 

‘‘(ii) 1 or more entities, 100 percent of the ownership and control of which is held by 1 or more producers. 

‘‘(B) ENTITY DESCRIBED.—For purposes of subparagraph 

(A), the term ‘entity’ means— 

‘‘(i) a partnership; 

‘‘(ii) a limited liability corporation; 

‘‘(iii) a limited liability partnership; and 

‘‘(iv) a corporation. 

‘‘(6) MID-TIER VALUE CHAIN.—The term ‘mid-tier value 

chain’ means a local or regional supply network that links 

independent producers with businesses and cooperatives that 

market value-added agricultural products in a manner that— 

‘‘(A) targets and strengthens the profitability and 

competitiveness of small and medium-sized farms and 

ranches that are structured as a family farm; and 

‘‘(B) obtains agreement from an eligible agricultural 

producer group, farmer or rancher cooperative, or majoritycontrolled producer-based business venture that is engaged 

in the value chain on a marketing strategy. 

‘‘(7) PARTNERSHIP.—The term ‘partnership’ means a partnership entered into under an agreement between— 

‘‘(A) 1 or more eligible partners (as defined in subsection (e)(1)); and 

‘‘(B) 1 or more eligible entities (as defined in subsection 

(e)(1)). 

‘‘(8) PROGRAM.—The term ‘Program’ means the Local Agriculture Market Program established under subsection (b). 

‘‘(9) REGIONAL FOOD CHAIN COORDINATION.—The term 

‘regional food chain coordination’ means coordination and 

collaboration along the supply chain to increase connections 

between producers and markets. 

‘‘(10) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture. 

‘‘(11) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The 

term ‘socially disadvantaged farmer or rancher’ has the 

meaning given the term in section 355(e) of the Consolidated 

Farm and Rural Development Act (7 U.S.C. 2003(e)). 

‘‘(12) VALUE-ADDED AGRICULTURAL PRODUCT.—The term 

‘value-added agricultural product’ means any agricultural commodity or product that— 

‘‘(A)(i) has undergone a change in physical state; 


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132 STAT. 4890 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ii) was produced in a manner that enhances the 

value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced 

value, as determined by the Secretary; 

‘‘(iii) is physically segregated in a manner that results 

in the enhancement of the value of the agricultural commodity or product; 

‘‘(iv) is a source of farm- or ranch-based renewable 

energy, including E–85 fuel; or 

‘‘(v) is aggregated and marketed as a locally produced 

agricultural food product; and 

‘‘(B) as a result of the change in physical state or 

the manner in which the agricultural commodity or product 

was produced, marketed, or segregated— 

‘‘(i) the customer base for the agricultural commodity or product is expanded; and 

‘‘(ii) a greater portion of the revenue derived from 

the marketing, processing, or physical segregation of 

the agricultural commodity or product is available to 

the producer of the commodity or product. 

‘‘(13) VETERAN FARMER OR RANCHER.—The term ‘veteran 

farmer or rancher’ has the meaning given the term in section 

2501(a) of the Food, Agriculture, Conservation, and Trade Act 

of 1990 (7 U.S.C. 2279(a)). 

‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall establish a program, to be known as the ‘Local Agriculture Market 

Program’, that— 

‘‘(1) supports the development, coordination, and expansion 

of— 

‘‘(A) direct producer-to-consumer marketing; 

‘‘(B) local and regional food markets and enterprises; 

and 

‘‘(C) value-added agricultural products; 

‘‘(2) connects and cultivates regional food economies 

through public-private partnerships; 

‘‘(3) supports the development of business plans, feasibility 

studies, and strategies for value-added agricultural production 

and local and regional food system infrastructure; 

‘‘(4) strengthens capacity and regional food system development through community collaboration and expansion of midtier value chains; 

‘‘(5) improves income and economic opportunities for producers and food businesses through job creation; and 

‘‘(6) simplifies the application processes and the reporting 

processes for the Program. 

‘‘(c) ADMINISTRATION.—In administering the Program, the Secretary shall— 

‘‘(1) streamline the Program to better support the activities 

carried out by the recipient of a grant under the Program; 

‘‘(2) connect producers with local food markets and valueadded agricultural product opportunities; 

‘‘(3) partner with cooperative extension services, as appropriate, to provide Program technical assistance and outreach 

to Program stakeholders; and 

‘‘(4) ensure that the Rural Business-Cooperative Service 

and Agricultural Marketing Service provide Program technical 

assistance and outreach to Program stakeholders. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4891 

‘‘(d) GRANTS.— 

‘‘(1) IN GENERAL.—Under the Program, the Secretary may, 

using funds made available under subsection (i), provide grants 

for each of fiscal years 2019 through 2023, in accordance with 

the purposes of the Program described in subsection (b), for 

the conduct of activities described in paragraph (2). 

‘‘(2) ELIGIBLE ACTIVITIES.—The recipient of a grant may 

use a grant provided under paragraph (1)— 

‘‘(A) to support and promote— 

‘‘(i) domestic direct producer-to-consumer marketing; 

‘‘(ii) farmers’ markets; 

‘‘(iii) roadside stands; 

‘‘(iv) agritourism activities, 

‘‘(v) community-supported agriculture programs; or 

‘‘(vi) online sales; 

‘‘(B) to support local and regional food business enterprises that engage as intermediaries in indirect producerto-consumer marketing; 

‘‘(C) to support the processing, aggregation, distribution, and storage of— 

‘‘(i) local and regional food products that are marketed locally or regionally; and 

‘‘(ii) value-added agricultural products; 

‘‘(D) to encourage the development of value-added agricultural products; 

‘‘(E) to assist with business development plans and 

feasibility studies; 

‘‘(F) to develop marketing strategies for producers of 

local food products and value-added agricultural products 

in new and existing markets; 

‘‘(G) to facilitate regional food chain coordination and 

mid-tier value chain development; 

‘‘(H) to promote new business opportunities and marketing strategies to reduce on-farm food waste; 

‘‘(I) to respond to changing technology needs in direct 

producer-to-consumer marketing; or 

‘‘(J) to cover expenses relating to costs incurred in— 

‘‘(i) obtaining food safety certification; and 

‘‘(ii) making changes and upgrades to practices 

and equipment to improve food safety. 

‘‘(3) CRITERIA AND GUIDELINES.— 

‘‘(A) IN GENERAL.—The Secretary shall establish criteria and guidelines for the submission, evaluation, and 

funding of proposed projects under paragraph (1) as the 

Secretary determines are appropriate. 

‘‘(B) PRODUCER OR FOOD BUSINESS BENEFITS.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), an application submitted for a grant under paragraph (1) shall include a description of the direct or 

indirect producer or food business benefits intended 

by the applicant to result from the proposed project 

within a reasonable period of time after the receipt 

of the grant. 

‘‘(ii) EXCEPTION.—Clause (i) shall not apply to a 

planning or feasibility project. 


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132 STAT. 4892 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(4) AMOUNT.—Unless otherwise determined by the Secretary, the amount of a grant under this subsection shall be 

not more than $500,000. 

‘‘(5) VALUE-ADDED PRODUCER GRANTS.—In the case of a 

grant provided under paragraph (1) to an eligible entity 

described in subparagraph (B), the following shall apply: 

‘‘(A) ADMINISTRATION.—The Secretary shall carry out 

this subsection through the Administrator of the Rural 

Business-Cooperative Service, in coordination with the 

Administrator of the Agricultural Marketing Service. 

‘‘(B) ELIGIBLE ENTITIES.—An entity shall be eligible 

for a grant under this paragraph if the entity is— 

‘‘(i) an independent producer (as determined by 

the Secretary) of a value-added agricultural product; 

or 

‘‘(ii) an agricultural producer group, farmer or 

rancher cooperative, or majority-controlled producerbased business venture (as determined by the Secretary). 

‘‘(C) PRIORITIES.—The Secretary shall give priority to 

applications— 

‘‘(i) in the case of an application submitted by 

a producer, that are submitted by, or serve— 

‘‘(I) beginning farmers or ranchers; 

‘‘(II) socially disadvantaged farmers or 

ranchers; 

‘‘(III) operators of small or medium sized farms 

or ranches that are structured as family farms; 

or 

‘‘(IV) veteran farmers or ranchers; and 

‘‘(ii) in the case of an application submitted by 

an eligible entity described in subparagraph (B)(ii), 

that provide the greatest contribution to creating or 

increasing marketing opportunities for producers 

described in subclauses (I) through (IV) of clause (i). 

‘‘(D) LIMITATION ON USE OF FUNDS.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), an eligible entity described in subparagraph (B) 

may not use a grant for the purchase or construction 

of a building, general purpose equipment, or structure. 

‘‘(ii) EXCEPTION.—An eligible entity described in 

subparagraph (B) may use not more than $6,500 of 

the amount of a grant for an eligible activity described 

in paragraph (2)(J) to purchase or upgrade equipment 

to improve food safety. 

‘‘(E) MATCHING FUNDS.—An eligible entity described 

in subparagraph (B) receiving a grant shall contribute an 

amount of non-Federal funds that is at least equal to 

the amount of Federal funds received. 

‘‘(6) FARMERS’ MARKETS AND LOCAL FOOD PROMOTION PROGRAM.—In the case of a grant provided under paragraph (1) 

to an eligible entity described in subparagraph (B), the following 

shall apply: 

‘‘(A) ADMINISTRATION.—The Secretary shall carry out 

this subsection through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Rural Business-Cooperative Service. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4893 

‘‘(B) ELIGIBLE ENTITIES.—An entity shall be eligible 

to receive a grant under this paragraph if the entity is— 

‘‘(i) an agricultural cooperative or other agricultural business entity or a producer network or association, including a community-supported agriculture network or association; 

‘‘(ii) a local or Tribal government; 

‘‘(iii) a nonprofit corporation; 

‘‘(iv) a public benefit corporation; 

‘‘(v) an economic development corporation; 

‘‘(vi) a regional farmers’ market authority; 

‘‘(vii) a food council; or 

‘‘(viii) such other entity as the Secretary may designate. 

‘‘(C) PRIORITIES.—The Secretary shall give priority to 

applications that— 

‘‘(i) benefit underserved communities, including 

communities that are located in areas of concentrated 

poverty with limited access to fresh locally or regionally 

grown food; or 

‘‘(ii) are used to carry out eligible activities under 

a partnership agreement under subsection (e) and have 

not received benefits from the Program in the recent 

past. 

‘‘(D) LIMITATION ON USE OF FUNDS.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), an eligible entity described in subparagraph (B) 

may not use a grant for the purchase or construction 

of a building, general purpose equipment, or structure. 

‘‘(ii) EXCEPTION.—An eligible entity described in 

subparagraph (B) may use not more than $6,500 of 

the amount of a grant for an eligible activity described 

in paragraph (2)(J) to purchase or upgrade equipment 

to improve food safety. 

‘‘(E) MATCHING FUNDS.—An eligible entity described 

in subparagraph (B) receiving a grant shall provide 

matching funds in the form of cash or an in-kind contribution in an amount that is equal to 25 percent of the total 

amount of the Federal portion of the grant. 

‘‘(e) PARTNERSHIPS.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ 

means— 

‘‘(i) a producer; 

‘‘(ii) a producer network or association; 

‘‘(iii) a farmer or rancher cooperative; 

‘‘(iv) a majority-controlled producer-based business 

venture; 

‘‘(v) a food council; 

‘‘(vi) a local or Tribal government; 

‘‘(vii) a nonprofit corporation; 

‘‘(viii) an economic development corporation; 

‘‘(ix) a public benefit corporation; 

‘‘(x) a community-supported agriculture network 

or association; and 

‘‘(xi) a regional farmers’ market authority. 


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132 STAT. 4894 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(B) ELIGIBLE PARTNER.—The term ‘eligible partner’ 

means— 

‘‘(i) a State agency or regional authority; 

‘‘(ii) a philanthropic organization; 

‘‘(iii) a private corporation; 

‘‘(iv) an institution of higher education; 

‘‘(v) a commercial, Federal, or Farm Credit System 

lending institution; and 

‘‘(vi) another entity, as determined by the Secretary. 

‘‘(2) GRANTS TO SUPPORT PARTNERSHIPS.— ‘‘(A) IN GENERAL.—The Secretary, acting through the 

Administrator of the Agricultural Marketing Service, in 

accordance with the purposes of the Program described 

in subsection (b), shall, using funds made available under 

subsection (i), provide grants for each of fiscal years 2019 

through 2023 to support partnerships to plan and develop 

a local or regional food system. 

‘‘(B) GEOGRAPHICAL DIVERSITY.—To the maximum 

extent practicable, the Secretary shall ensure geographical 

diversity in selecting partnerships to receive grants under 

subparagraph (A). 

‘‘(3) AUTHORITIES OF PARTNERSHIPS.—A partnership 

receiving a grant under paragraph (2) may— 

‘‘(A) determine the scope of the regional food system 

to be developed, including goals, outreach objectives, and 

eligible activities to be carried out; 

‘‘(B) determine the local, regional, State, multi-State, 

or other geographic area covered; 

‘‘(C) create and conduct a feasibility study, implementation plan, and assessment of eligible activities under the 

partnership agreement; 

‘‘(D) conduct outreach and education to other eligible 

entities and eligible partners for potential participation 

in the partnership agreement and eligible activities; 

‘‘(E) describe measures to be taken through the partnership agreement to obtain funding for the eligible activities to be carried out under the partnership agreement; 

‘‘(F) at the request of a producer or eligible entity 

desiring to participate in eligible activities under the partnership agreement, act on behalf of the producer or eligible 

entity in applying for a grant under subsection (d); 

‘‘(G) monitor, evaluate, and periodically report to the 

Secretary on progress made toward achieving the objectives 

of eligible activities under the partnership agreement; or 

‘‘(H) at the conclusion of the partnership agreement, 

submit to the Secretary a report describing— 

‘‘(i) the results and effects of the partnership agreement; and 

‘‘(ii) funds provided under paragraph (4). 

‘‘(4) CONTRIBUTION.—A partnership receiving a grant under 

paragraph (2) shall provide funding in an amount equal to 

not less than 25 percent of the total amount of the Federal 

portion of the grant. 

‘‘(5) APPLICATIONS.— ‘‘(A) IN GENERAL.—To be eligible to receive a grant 

under paragraph (2), a partnership shall submit to the 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4895 

Secretary an application at such time, in such manner, 

and containing such information as the Secretary considers 

necessary to evaluate and select applications. 

‘‘(B) COMPETITIVE PROCESS.—The Secretary— 

‘‘(i) shall conduct a competitive process to select 

applications submitted under subparagraph (A); 

‘‘(ii) may assess and rank applications with similar 

purposes as a group; and 

‘‘(iii) shall make public the criteria to be used 

in evaluating applications prior to accepting applications. 

‘‘(C) PRIORITY TO CERTAIN APPLICATIONS.—The Secretary may give priority to applications submitted under 

subparagraph (A) that— 

‘‘(i)(I) leverage significant non-Federal financial 

and technical resources; and 

‘‘(II) coordinate with other local, State, Tribal, or 

national efforts; 

‘‘(ii) cover an area that includes distressed lowincome rural or urban communities, including areas 

with persistent poverty; or 

‘‘(iii) have multiple entities and partners in a partnership. 

‘‘(D) PRODUCER OR FOOD BUSINESS BENEFITS.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), an application submitted under subparagraph (A) 

shall include a description of the direct or indirect 

producer or food business benefits intended by the 

eligible entity to result from the proposed project 

within a reasonable period of time after the receipt 

of a grant. 

‘‘(ii) EXCEPTION.—Clause (i) shall not apply to a 

planning or feasibility project. 

‘‘(6) TECHNICAL ASSISTANCE.—On request of an eligible 

entity, an eligible partner, or a partnership, the Secretary 

may provide technical assistance in carrying out a partnership 

agreement. 

‘‘(f) SIMPLIFICATION OF APPLICATION AND REPORTING PROCESSES.— 

‘‘(1) APPLICATIONS.—The Secretary shall establish a simplified application form for eligible entities that— 

‘‘(A) request less than $50,000 under subsection (d); 

or 

‘‘(B) apply for grants under subsection (d) under a 

single application through partnership agreements under 

subsection (e). 

‘‘(2) REPORTING.—The Secretary shall— 

‘‘(A) streamline and simplify the reporting process for 

eligible entities; and 

‘‘(B) obtain from eligible entities and maintain such 

information as the Secretary determines is necessary to 

administer and evaluate the Program. 

‘‘(g) INTERDEPARTMENTAL COORDINATION.—In carrying out the 

Program, to the maximum extent practicable, the Secretary shall 

ensure coordination among Federal agencies. 

‘‘(h) EVALUATION.— 


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132 STAT. 4896 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(1) IN GENERAL.—Using amounts made available under 

subsection (i)(3)(E), the Secretary shall conduct an evaluation 

of the Program that— 

‘‘(A) measures the economic impact of the Program 

on new and existing market outcomes; 

‘‘(B) measures the effectiveness of the Program in 

improving and expanding— 

‘‘(i) the regional food economy through public and 

private partnerships; 

‘‘(ii) the production of value-added agricultural 

products; 

‘‘(iii) producer-to-consumer marketing, including 

direct producer-to-consumer marketing; 

‘‘(iv) local and regional food systems, including 

regional food chain coordination and business development; 

‘‘(v) new business opportunities and marketing 

strategies to reduce on-farm food waste; 

‘‘(vi) the use of new technologies in producer-toconsumer marketing, including direct producer-to-consumer marketing; and 

‘‘(vii) the workforce and capacity of regional food 

systems; and 

‘‘(C) provides a description of— 

‘‘(i) each partnership agreement; and 

‘‘(ii) each grant provided under subsection (d). 

‘‘(2) REPORT.—Not later than 4 years after the date of 

enactment of this section, the Secretary shall submit to the 

Committee on Agriculture of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry of the 

Senate a report describing the evaluation conducted under paragraph (1), including a thorough analysis of the outcomes of 

the evaluation. 

‘‘(i) FUNDING.— 

‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary shall use to carry out this 

section $50,000,000 for fiscal year 2019 and each fiscal year 

thereafter, to remain available until expended. 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $20,000,000 

for fiscal year 2019 and each fiscal year thereafter, to remain 

available until expended. 

‘‘(3) ALLOCATION OF FUNDS.— 

‘‘(A) VALUE-ADDED PRODUCER GRANTS.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), of the funds 

made available to carry out this section for a fiscal 

year, 35 percent shall be used for grants under subsection (d)(5). 

‘‘(ii) RESERVATION OF FUNDS.— 

‘‘(I) MAJORITY-CONTROLLED PRODUCER-BASED

BUSINESS VENTURES.—The total amount of grants 

under subsection (d)(5) provided to majority-controlled producer-based business ventures for a 

fiscal year shall not exceed 10 percent of the 

amount allocated under clause (i). 

‘‘(II) BEGINNING, VETERAN, AND SOCIALLY DIS- ADVANTAGED FARMERS AND RANCHERS.—Of the 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4897 

funds made available for grants under subsection 

(d)(5), 10 percent shall be reserved for grants provided to beginning, veteran, and socially disadvantaged farmers or ranchers. 

‘‘(III) MID-TIER VALUE CHAINS.—Of the funds 

made available for grants under subsection (d)(5), 

10 percent shall be reserved for grants to develop 

mid-tier value chains. 

‘‘(IV) FOOD SAFETY ASSISTANCE.—Of the funds 

made available for grants under subsection (d)(5), 

not more than 25 percent shall be reserved for 

grants for eligible activities described in subsection 

(d)(2)(J). 

‘‘(B) FARMERS’ MARKET AND LOCAL FOOD PROMOTION

GRANTS.—Of the funds made available to carry out this 

section for a fiscal year, 47 percent shall be used for grants 

under subsection (d)(6). 

‘‘(C) REGIONAL PARTNERSHIPS.—Of the funds made 

available to carry out this section for a fiscal year, 10 

percent shall be used to provide grants to support partnerships under subsection (e). 

‘‘(D) UNOBLIGATED FUNDS.—Any funds under subparagraph (A), (B), or (C) that are not obligated for the uses 

described in that subparagraph, as applicable, by September 30 of the fiscal year for which the funds were 

made available— 

‘‘(i) shall be available to the agency carrying out 

the Program with the unobligated funds to carry out 

any function of the Program, as determined by the 

Secretary; and 

‘‘(ii) may carry over to the next fiscal year. 

‘‘(E) ADMINISTRATIVE EXPENSES.—Not greater than 8 

percent of amounts made available to provide grants under 

subsections (d) and (e) for a fiscal year may be used for 

administrative expenses.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) AGRICULTURAL MARKETING RESOURCE CENTER PILOT

PROJECT.—Section 231 of the Agricultural Risk Protection Act 

of 2000 (7 U.S.C. 1632a) is amended— 

(A) by striking the section heading and inserting ‘‘agricultural marketing resource center pilot project.’’; 

(B) by striking subsections (a), (b), (d), and (e); 

(C) in subsection (c)— 

(i) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively, and indenting appropriately; and 

(ii) by striking the subsection designation and 

heading; 

(D) in subsection (a) (as so redesignated)— 

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

striking ‘‘Notwithstanding’’ and all that follows through 

‘‘paragraph (2)’’ and inserting the following: ‘‘The Secretary shall not use more than 2.5 percent of the 

funds made available to carry out the Local Agriculture 

Market Program established under section 210A of 

the Agricultural Marketing Act of 1946 to establish 


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132 STAT. 4898 PUBLIC LAW 115–334—DEC. 20, 2018 

a pilot project (to be known as the ‘Agricultural Marketing Resource Center’) at an eligible institution 

described in subsection (b)’’; and 

(ii) by redesignating subparagraphs (A) and (B) 

as paragraphs (1) and (2), respectively, and indenting 

appropriately; and 

(E) in subsection (b) (as so redesignated)— 

(i) by redesignating subparagraphs (A) through (C) 

as paragraphs (1) through (3), respectively, and 

indenting appropriately; and 

(ii) in paragraph (1) (as so redesignated), by 

striking ‘‘paragraph (1)(A)’’ and inserting ‘‘subsection 

(a)(1)’’. 

(2) AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.—Section 6402(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter 

preceding paragraph (1) by striking ‘‘section 231(d) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; Public 

Law 106–224))’’ and inserting ‘‘section 210A(d)(2) of the Agricultural Marketing Act of 1946’’. 

(3) LOCAL FOOD PRODUCTION AND PROGRAM EVALUATION.— 

Section 10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C. 

2204h(b)(2)(B)) is amended by striking ‘‘Farmers’ Market and 

Local Food Promotion Program established under section 6 

of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 

U.S.C. 3005)’’ and inserting ‘‘Local Agriculture Market Program 

established under section 210A of the Agricultural Marketing 

Act of 1946’’. 

(4) PROGRAM METRICS.—Section 6209(a) of the Agricultural 

Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking paragraph (1) and inserting the following: 

‘‘(1) section 210A of the Agricultural Marketing Act of 

1946;’’. 

(5) FARMER-TO-CONSUMER DIRECT MARKETING ACT OF 1976.— 

(A) Section 4 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3003) is amended— 

(i) by striking ‘‘The Secretary’’ and inserting the 

following: 

‘‘(a) IN GENERAL.—The Secretary’’; and 

(ii) by adding at the end the following: 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section.’’. 

(B) Sections 6, 7, and 8 of the Farmer-to-Consumer 

Direct Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90 

Stat. 1983) are repealed. 

SEC. 10103. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES. 

Section 7407(d) of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 5925c(d)) is amended— 

(1) in paragraph (1)— 

(A) in the paragraph heading, by striking ‘‘THROUGH

FISCAL YEAR 2012’’; and 

(B) by striking ‘‘$5,000,000, to remain available until 

expended.’’ and inserting the following: ‘‘, to remain available until expended— 


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‘‘(A) $5,000,000 for each of the periods of fiscal years 

2008 through 2012 and 2014 through 2018; and 

‘‘(B) $5,000,000 for the period of fiscal years 2019 

through 2023.’’; 

(2) by striking paragraph (2); 

(3) by redesignating paragraph (3) as paragraph (2); and 

(4) in paragraph (2) (as so redesignated)— 

(A) by striking ‘‘paragraphs (1) and (2)’’ and inserting 

‘‘paragraph (1)’’; and 

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

SEC. 10104. ORGANIC CERTIFICATION. 

(a) EXCLUSIONS FROM CERTIFICATION.—Not later than 1 year 

after the date of enactment of this Act, the Secretary shall issue 

regulations to limit the type of organic operations that are excluded 

from certification under section 205.101 of title 7, Code of Federal 

Regulations, and from certification under any other related sections 

under part 205 of title 7, Code of Federal Regulations. 

(b) DEFINITIONS.—Section 2103 of the Organic Foods Production 

Act of 1990 (7 U.S.C. 6502) is amended— 

(1) in paragraph (3)— 

(A) by striking ‘‘The term’’ and inserting the following: 

‘‘(A) IN GENERAL.—The term’’; and 

(B) by adding at the end the following: 

‘‘(B) FOREIGN OPERATIONS.—When used in the context 

of a certifying agent operating in a foreign country, the 

term ‘certifying agent’ includes any person (including a 

private entity)— 

‘‘(i) accredited in accordance with section 2115(d); 

or 

‘‘(ii) accredited by a foreign government that acted 

under an equivalency agreement negotiated between 

the United States and the foreign government from 

which the agricultural product is imported.’’; 

(2) by redesignating paragraphs (13) through (21) as paragraphs (14) through (22), respectively; and 

(3) by inserting after paragraph (12) the following: 

‘‘(13) NATIONAL ORGANIC PROGRAM IMPORT CERTIFICATE.— 

The term ‘national organic program import certificate’ means 

a form developed for purposes of the program under this title— 

‘‘(A) to provide documentation sufficient to verify that 

an agricultural product imported for sale in the United 

States satisfies the requirement under section 2115(c); 

‘‘(B) which shall include, at a minimum, information 

sufficient to indicate, with respect to the agricultural 

product— 

‘‘(i) the origin; 

‘‘(ii) the destination; 

‘‘(iii) the certifying agent issuing the national 

organic program import certificate; 

‘‘(iv) the harmonized tariff code, if a harmonized 

tariff code exists for the agricultural product; 

‘‘(v) the total weight; and 

‘‘(vi) the organic standard to which the agricultural 

product is certified; and 

7 USC 6503 note. 


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132 STAT. 4900 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(C) that is not more than otherwise required under 

an equivalency agreement negotiated between the United 

States and the foreign government.’’. 

(c) ACCREDITATION PROGRAM.—Section 2115 of the Organic 

Foods Production Act of 1990 (7 U.S.C. 6514) is amended by striking 

subsection (c) and inserting the following: 

‘‘(c) ADDITIONAL DOCUMENTATION AND VERIFICATION.—The Secretary, acting through the Deputy Administrator of the national 

organic program established under this title, has the authority, 

and shall grant a certifying agent the authority, to require producers 

and handlers to provide additional documentation or verification 

before granting a certification under section 2104, in the case of 

a compliance risk with respect to meeting the national standards 

for organic production established under section 2105, as determined by the Secretary or the certifying agent. 

‘‘(d) ACCREDITATION OF FOREIGN ORGANIC CERTIFICATION PROGRAM.— 

‘‘(1) IN GENERAL.—For an agricultural product being 

imported into the United States to be represented as organically 

produced, the Secretary shall require the agricultural product 

to be accompanied by a complete and valid national organic 

import certificate, which shall be available as an electronic 

record. 

‘‘(2) TRACKING SYSTEM.— 

‘‘(A) IN GENERAL.—The Secretary shall establish a 

system to track national organic import certificates. 

‘‘(B) INTEGRATION.—In establishing the system under 

subparagraph (A), the Secretary may integrate the system 

into any existing information tracking systems for imports 

of agricultural products. 

‘‘(e) DURATION OF ACCREDITATION.—An accreditation made 

under this section— 

‘‘(1) subject to paragraph (2), shall be for a period of not 

more than 5 years, as determined appropriate by the Secretary; 

‘‘(2) in the case of a certifying agent operating in a foreign 

country, shall be for a period of time that is consistent with 

the certification of a domestic certifying agent, as determined 

appropriate by the Secretary; and 

‘‘(3) may be renewed.’’. 

(d) REQUIREMENTS OF CERTIFYING AGENTS.—Section 2116 of 

the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is 

amended— 

(1) in subsection (i)— 

(A) in paragraph (1), by inserting ‘‘or an entity acting 

as an agent of the certifying agent’’ after ‘‘a certifying 

agent’’; 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following: 

‘‘(2) OVERSIGHT OF CERTIFYING OFFICES AND FOREIGN OPERATIONS.— 

‘‘(A) IN GENERAL.—If the Secretary determines that 

an office of a certifying agent or entity described in paragraph (1) is not complying with the provisions of this 

title, the Secretary may suspend the operations of the 

certifying agent or the noncompliant office, including— 

‘‘(i) an office operating in a foreign country; and 


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‘‘(ii) an office operating in the United States, 

including an office acting on behalf of a foreign-domiciled entity. 

‘‘(B) PROCESS FOR RESUMING OPERATIONS FOLLOWING

SUSPENSION.—The Secretary shall provide for a process 

that is otherwise consistent with this section that authorizes a suspended office to resume operations.’’; and 

(2) by adding at the end the following: 

‘‘(j) NOTICE.—Not later than 90 days after the date on which 

a new certifying office performing certification activities opens, an 

accredited certifying agent shall notify the Secretary of the 

opening.’’. 

(e) CERTAIN EMPLOYEES ELIGIBLE TO SERVE AS NATIONAL

ORGANIC STANDARDS BOARD MEMBERS.—Section 2119(b) of the 

Organic Foods Production Act of 1990 (7 U.S.C. 6518(b)) is 

amended— 

(1) in paragraph (1), by inserting ‘‘, or employees of such 

individuals’’ after ‘‘operation’’; 

(2) in paragraph (2), by inserting ‘‘, or employees of such 

individuals’’ after ‘‘operation’’; and 

(3) in paragraph (3), by inserting ‘‘, or an employee of 

such individual’’ after ‘‘products’’. 

(f) NATIONAL ORGANIC STANDARDS BOARD.—Section 2119(i) of 

the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is 

amended— 

(1) by striking ‘‘Two-thirds’’ and inserting the following: 

‘‘(1) IN GENERAL.—2⁄3’’; and 

(2) by adding at the end the following: 

‘‘(2) NATIONAL LIST.—Any vote on a motion proposing to 

amend the national list shall be considered to be a decisive 

vote that requires 2⁄3 of the votes cast at a meeting of the 

Board at which a quorum is present to prevail.’’. 

(g) INVESTIGATIONS.—Section 2120(b) of the Organic Foods 

Production Act (7 U.S.C. 6519(b)) is amended by adding at the 

end the following: 

‘‘(3) INFORMATION SHARING DURING ACTIVE INVESTIGATION.—In carrying out this title, all parties to an active investigation (including certifying agents, State organic certification 

programs, and the national organic program) shall share confidential business information with Federal Government officers 

and employees involved in the investigation as necessary to 

fully investigate and enforce potential violations of this title.’’. 

(h) DATA ORGANIZATION AND ACCESS.—Section 2122 of the 

Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended 

by adding at the end the following: 

‘‘(c) ACCESS TO DATA DOCUMENTATION SYSTEMS.—The Secretary 

shall have access to available data from cross-border documentation 

systems administered by other Federal agencies, including the Automated Commercial Environment system of U.S. Customs and 

Border Protection. 

‘‘(d) REPORTS.— 

‘‘(1) IN GENERAL.—Not later than March 1, 2020, and 

annually thereafter through March 1, 2023, the Secretary shall 

submit to Congress, and make publicly available on the website 

of the Department of Agriculture, a report describing national 

organic program activities with respect to all domestic and 


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132 STAT. 4902 PUBLIC LAW 115–334—DEC. 20, 2018 

overseas investigations and compliance actions taken pursuant 

to this title during the preceding year. 

‘‘(2) REQUIREMENTS.—The data described in paragraph (1) 

shall be broken down by agricultural product, quantity, value, 

and month. 

‘‘(3) EXCEPTION.—Any data determined by the Secretary 

to be confidential business information shall not be provided 

in the report under paragraph (1).’’. 

(i) ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY

WORKING GROUP.—The Organic Foods Production Act of 1990 is 

amended by inserting after section 2122 (7 U.S.C. 6521) the following: 

‘‘SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY WORKING GROUP. 

‘‘(a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—The Secretary and the Secretary of 

Homeland Security shall jointly establish a working group to 

facilitate coordination and information sharing between the 

Department of Agriculture and U.S. Customs and Border 

Protection relating to imports of organically produced agricultural products (referred to in this section as the ‘working 

group’). 

‘‘(2) MEMBERS.—The working group— 

‘‘(A) shall include— 

‘‘(i) the Secretary (or a designee); and 

‘‘(ii) the Secretary of Homeland Security (or a designee); and 

‘‘(B) shall not include any non-Federal officer or 

employee. 

‘‘(3) DUTIES.—The working group shall facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection for the purposes of— 

‘‘(A) identifying imports of organically produced agricultural products; 

‘‘(B) verifying the authenticity of organically produced 

agricultural product import documentation, such as 

national organic program import certificates; 

‘‘(C) ensuring imported agricultural products represented as organically produced meet the requirements 

under this title; 

‘‘(D) collecting and organizing quantitative data on 

imports of organically produced agricultural products; and 

‘‘(E) requesting feedback from stakeholders on how 

to improve the oversight of imports of organically produced 

agricultural products. 

‘‘(4) DESIGNATED EMPLOYEES AND OFFICIALS.—An employee 

or official designated to carry out the duties of the Secretary 

or the Secretary of Homeland Security on the working group 

under subparagraph (A) or (B) of paragraph (2) shall be an 

employee or official compensated at a rate of pay not less 

than the minimum annual rate of basic pay for GS–12 under 

section 5332 of title 5, United States Code. 

‘‘(b) REPORTS.—On an annual basis, the working group shall 

submit to Congress and make publicly available on the websites 

7 USC 6521a. 


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of the Department of Agriculture and U.S. Customs and Border 

Protection the following reports: 

‘‘(1) ORGANIC TRADE ENFORCEMENT INTERAGENCY COORDINATION REPORT.—A report— 

‘‘(A) identifying existing barriers to cooperation 

between the agencies involved in agricultural product 

import inspection, trade data collection and organization, 

and organically produced agricultural product trade 

enforcement, including— 

‘‘(i) U.S. Customs and Border Protection; 

‘‘(ii) the Agricultural Marketing Service; and 

‘‘(iii) the Animal and Plant Health Inspection 

Service; 

‘‘(B) assessing progress toward integrating organic 

trade enforcement into import inspection procedures of U.S. 

Customs and Border Protection and the Animal and Plant 

Health Inspection Service, including an assessment of— 

‘‘(i) the status of the development of systems for— 

‘‘(I) tracking the fumigation of imports of 

organically produced agricultural products into the 

United States; and 

‘‘(II) electronically verifying national organic 

program import certificate authenticity; and 

‘‘(ii) training of U.S. Customs and Border Protection personnel on— 

‘‘(I) the use of the systems described in clause 

(i); and 

‘‘(II) requirements and protocols under this 

title; 

‘‘(C) establishing methodology for ensuring imports of 

agricultural products represented as organically produced 

meet the requirements under this title; 

‘‘(D) recommending steps to improve the documentation 

and traceability of imported organically produced agricultural products; 

‘‘(E) recommending and describing steps for— 

‘‘(i) improving compliance with the requirements 

of this title for all agricultural products imported into 

the United States and represented as organically produced; and 

‘‘(ii) ensuring accurate labeling and marketing of 

imported agricultural products represented as organically produced by the exporter; and 

‘‘(F) describing staffing needs and additional resources 

at U.S. Customs and Border Protection and the Department 

of Agriculture needed to ensure compliance. 

‘‘(2) REPORT ON ENFORCEMENT ACTIONS TAKEN ON ORGANIC

IMPORTS.—A report— 

‘‘(A) providing detailed quantitative data (broken down 

by agricultural product, quantity, value, month, and origin) 

on imports of agricultural products represented as organically produced found to be fraudulent or lacking any documentation required under this title at the port of entry 

during the report year; 

‘‘(B) providing data on domestic enforcement actions 

taken on imported agricultural products represented as 

organically produced, including the number and type of 


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132 STAT. 4904 PUBLIC LAW 115–334—DEC. 20, 2018 

actions taken by United States officials at ports of entry 

in response to violations of this title; 

‘‘(C) providing data on fumigation of agricultural products represented as organically produced at ports of entry 

and notifications of fumigation actions to shipment owners, 

broken down by product variety and country of origin; 

and 

‘‘(D) providing information on enforcement activities 

under this title involving overseas investigations and 

compliance actions taken within that year, including— 

‘‘(i) the number of investigations by country; and 

‘‘(ii) a descriptive summary of compliance actions 

taken by certifying agents in each country.’’. 

(j) AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC

PROGRAM.—Section 2123 of the Organic Foods Production Act of 

1990 (7 U.S.C. 6522) is amended— 

(1) by striking the section heading and inserting 

‘‘FUNDING’’; 

(2) in subsection (b), by striking paragraphs (1) through 

(7) and inserting the following: 

‘‘(1) $15,000,000 for fiscal year 2018; 

‘‘(2) $16,500,000 for fiscal year 2019; 

‘‘(3) $18,000,000 for fiscal year 2020; 

‘‘(4) $20,000,000 for fiscal year 2021; 

‘‘(5) $22,000,000 for fiscal year 2022; and 

‘‘(6) $24,000,000 for fiscal year 2023.’’; and 

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

‘‘(c) MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL

TRADE TECHNOLOGY SYSTEMS AND DATA COLLECTION.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a new 

system or modify an existing data collection and organization 

system to collect and organize in a single system quantitative 

data on imports of each organically produced agricultural 

product accepted into the United States. 

‘‘(2) ACTIVITIES.—In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to 

ensure full traceability to the port of entry without unduly 

hindering trade or commerce, such as through an electronic 

trade document exchange system. 

‘‘(3) ACCESS.—The single system established under paragraph (1) shall be accessible by any agency with the direct 

authority to engage in— 

‘‘(A) inspection of imports of agricultural products; 

‘‘(B) trade data collection and organization; or 

‘‘(C) enforcement of trade requirements for organically 

produced agricultural products. 

‘‘(4) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for 

fiscal year 2019 for the purposes of— 

‘‘(A) carrying out this subsection; and 

‘‘(B) maintaining the database and technology upgrades 

previously carried out under this subsection, as in effect 

on the day before the date of enactment of the Agriculture 

Improvement Act of 2018. 

‘‘(5) AVAILABILITY.—The amounts made available under 

paragraph (4) are in addition to any other funds made available 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4905 

for the purposes described in that paragraph and shall remain 

available until expended.’’. 

(k) TRADE SAVINGS PROVISION.—The amendments made by subsection (i) shall be carried out in a manner consistent with United 

States obligations under international agreements. 

SEC. 10105. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM. 

(a) ELIMINATION OF DIRECTED DELEGATION.—Section 10606(a) 

of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 

6523(a)) is amended by striking ‘‘(acting through the Agricultural 

Marketing Service)’’. 

(b) FUNDING.—Section 10606 of the Farm Security and Rural 

Investment Act of 2002 (7 U.S.C. 6523) is amended by striking 

subsection (d) and inserting the following: 

‘‘(d) MANDATORY FUNDING.— ‘‘(1) IN GENERAL.—Of the funds of the Commodity Credit 

Corporation, the Secretary shall make available to carry out 

this section— 

‘‘(A) $2,000,000 for each of fiscal years 2019 and 2020; 

‘‘(B) $4,000,000 for fiscal year 2021; and 

‘‘(C) $8,000,000 for each of fiscal years 2022 and 2023. 

‘‘(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended.’’. 

SEC. 10106. FOOD SAFETY EDUCATION INITIATIVES. 

Section 10105(c) of the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 7655a(c)) is amended by striking ‘‘2018’’ and 

inserting ‘‘2023’’. 

SEC. 10107. SPECIALTY CROP BLOCK GRANTS. 

Section 101 of the Specialty Crops Competitiveness Act of 2004 

(7 U.S.C. 1621 note; Public Law 108–465) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘2018’’ and inserting ‘‘2023’’; and 

(B) by striking ‘‘solely to enhance the competitiveness 

of specialty crops.’’ and inserting the following: ‘‘to enhance 

the competitiveness of specialty crops, including— 

‘‘(1) by leveraging efforts to market and promote specialty 

crops; 

‘‘(2) by assisting producers with research and development 

relevant to specialty crops; 

‘‘(3) by expanding availability and access to specialty crops; 

‘‘(4) by addressing local, regional, and national challenges 

confronting specialty crop producers; and 

‘‘(5) for such other purposes determined to be appropriate 

by the Secretary of Agriculture, in consultation with specialty 

crop stakeholders and relevant State departments of agriculture.’’; 

(2) in subsection (j)— 

(A) by redesignating paragraphs (1) through (5) as 

subparagraphs (A) through (E), respectively, and indenting 

appropriately; 

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

redesignated), by striking ‘‘Not later’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—Not later’’; and 

(C) by adding at the end the following: 

7 USC 6521a 

note. 


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132 STAT. 4906 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(2) ADMINISTRATION OF MULTISTATE PROJECTS FROM NONPARTICIPATING STATES.—The Secretary of Agriculture may 

directly administer all aspects of multistate projects under this 

subsection for applicants in a nonparticipating State.’’; 

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

‘‘(3) EVALUATION.— 

‘‘(A) PERFORMANCE MEASURES AND REVIEW.— 

‘‘(i) DEVELOPMENT.—The Secretary of Agriculture 

and the State departments of agriculture, in consultation with specialty crop stakeholders, shall develop 

performance measures to be used as the sole means 

of performing any evaluation of the grant program 

established under this section. 

‘‘(ii) REVIEW.—The Secretary of Agriculture, in consultation with the State departments of agriculture, 

shall periodically evaluate the performance of the grant 

program established under this section. 

‘‘(B) COOPERATIVE AGREEMENTS.—The Secretary of 

Agriculture may enter into cooperative agreements— 

‘‘(i) to develop the performance measures under 

subparagraph (A)(i); or 

‘‘(ii) to evaluate the overall performance of the 

grant program established under this section.’’; and 

(4) in subsection (l)(2)(E), by inserting ‘‘and each fiscal 

year thereafter’’ after ‘‘2018’’. 

SEC. 10108. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT. 

(a) ASEXUALLY REPRODUCED DEFINED.—Section 41(a) of the 

Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended— 

(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), 

(7), (8), and (9) as paragraphs (2), (3), (4), (5), (6), (7), (8), 

(9), and (10), respectively; and 

(2) by inserting before paragraph (2), as so redesignated, 

the following new paragraph: 

‘‘(1) ASEXUALLY REPRODUCED.—The term ‘asexually 

reproduced’ means produced by a method of plant propagation 

using vegetative material (other than seed) from a single 

parent, including cuttings, grafting, tissue culture, and propagation by root division.’’. 

(b) RIGHT TO PLANT VARIETY PROTECTION; PLANT VARIETIES

PROTECTABLE.—Section 42(a) of the Plant Variety Protection Act 

(7 U.S.C. 2402(a)) is amended by striking ‘‘or tuber propagated’’ 

and inserting ‘‘, tuber propagated, or asexually reproduced’’. 

(c) INFRINGEMENT OF PLANT VARIETY PROTECTION.—Section 

111(a)(3) of the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) 

is amended by inserting ‘‘or asexually’’ after ‘‘sexually’’. 

(d) FALSE MARKETING; CEASE AND DESIST ORDERS.—Section 

128(a) of the Plant Variety Protection Act (7 U.S.C. 2568(a)) is 

amended, in the matter preceding paragraph (1), by inserting ‘‘or 

asexually’’ after ‘‘sexually’’. 

SEC. 10109. MULTIPLE CROP AND PESTICIDE USE SURVEY. 

(a) IN GENERAL.—The Secretary, acting through the Director 

of the Office of Pest Management Policy, shall conduct a multiple 

crop and pesticide use survey of farmers to collect data for risk 

assessment modeling and mitigation for an active ingredient. 


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(b) SUBMISSION.—The Secretary shall submit to the Administrator of the Environmental Protection Agency and make publicly 

available the survey described in subsection (a). 

(c) FUNDING.— (1) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary shall use to carry out this 

section $500,000 for fiscal year 2019, to remain available until 

expended. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $2,500,000, 

to remain available until expended. 

(d) CONFIDENTIALITY OF INFORMATION.—Section 1770 of the 

Food Security Act of 1985 (7 U.S.C. 2276) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(a) In the case’’ and inserting the 

following: 

‘‘(a) IN GENERAL.—In the case’’; and 

(B) in paragraph (3), by striking ‘‘subsection (d)(12)’’ 

and inserting ‘‘paragraph (12) or (13) of subsection (d)’’; 

and 

(2) in subsection (d)— 

(A) by striking ‘‘(d) For purposes’’ and inserting the 

following: 

‘‘(d) PROVISIONS OF LAW REFERENCES.—For purposes’’; 

(B) in paragraph (11), by striking ‘‘or’’ at the end; 

(C) in paragraph (12), by striking the period at the 

end and inserting ‘‘; or’’; and 

(D) by adding at the end the following: 

‘‘(13) section 10109 of the Agriculture Improvement Act 

of 2018.’’. 

SEC. 10110. REPORT ON THE ARRIVAL IN THE UNITED STATES OF 

FOREST PESTS THROUGH RESTRICTIONS ON THE 

IMPORTATION OF CERTAIN PLANTS FOR PLANTING. 

Not later than March 1, 2021, the Secretary shall submit to 

Congress a report— 

(1) evaluating the effectiveness of the Federal Government 

in intercepting pests in international shipping and on plants 

for planting; 

(2) describing the geographic sources of intercepted pests 

and the commodities or plant species most often associated 

with infested shipments; 

(3) quantifying the detection of forest pests in the national 

surveillance networks, including the Cooperative Agricultural 

Pest Survey and the Early Detection and Rapid Response network of the Forest Service; 

(4) describing new outbreaks of forest pests in the United 

States and the spread of existing infestations; 

(5) describing how the numbers of such interceptions, detections, and outbreaks described in a preceding paragraph have 

changed since January 1, 2018; 

(6) containing proposed additional actions to further reduce 

the rate of arrival for forest pests across the borders of the 

United States; 

(7) identifying current challenges with intercepting, 

detecting, and addressing outbreaks of tree and wood pests, 

as well as challenges in achieving compliance with the Plant 


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132 STAT. 4908 PUBLIC LAW 115–334—DEC. 20, 2018 

Protection Act (7 U.S.C. 7701 et seq.) and recommendations 

with respect to such challenges; and 

(8) describing the coordination and collaboration occurring 

between the Animal and Plant Health Inspection Service and 

the Forest Service with respect to— 

(A) identifying and prioritizing critical detection, 

surveillance, and eradication needs for tree and wood pests; 

and 

(B) identifying the actions each agency takes within 

their respective missions to address identified priorities. 

SEC. 10111. REPORT ON PLANT BIOSTIMULANTS. 

(a) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the President 

and Congress that identifies any potential regulatory, non-regulatory, and legislative recommendations, including the appropriateness of any definitions for plant biostimulant, to ensure the efficient 

and appropriate review, approval, uniform national labeling, and 

availability of plant biostimulant products to agricultural producers. 

(b) CONSULTATION.—The Secretary shall prepare the report 

required by subsection (a) in consultation with the Administrator 

of the Environmental Protection Agency, the several States, 

industry stakeholders, and such other stakeholders as the Secretary 

determines necessary. 

(c) PLANT BIOSTIMULANT.—For the purposes of the report under 

subsection (a), the Secretary— 

(1) shall consider ‘‘plant biostimulant’’ to be a substance 

or micro-organism that, when applied to seeds, plants, or the 

rhizosphere, stimulates natural processes to enhance or benefit 

nutrient uptake, nutrient efficiency, tolerance to abiotic stress, 

or crop quality and yield; and 

(2) may modify the description of plant biostimulant, as 

appropriate. 

SEC. 10112. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL ASSISTANCE. 

Section 11 of the Commodity Credit Corporation Charter Act 

(15 U.S.C. 714i) is amended in the last sentence by inserting after 

‘‘activities’’ the following: ‘‘but excluding any amounts used to provide technical assistance under title X of the Agriculture Improvement Act of 2018 or an amendment made by that title’’. 

SEC. 10113. HEMP PRODUCTION. 

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 

seq.) is amended by adding at the end the following: 

‘‘Subtitle G—Hemp Production 

‘‘SEC. 297A. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis 

sativa L. and any part of that plant, including the seeds thereof 

and all derivatives, extracts, cannabinoids, isomers, acids, salts, 

and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. 

7 USC 1639o. 


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‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304). 

‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Agriculture. 

‘‘(4) STATE.—The term ‘State’ means— 

‘‘(A) a State; 

‘‘(B) the District of Columbia; 

‘‘(C) the Commonwealth of Puerto Rico; and 

‘‘(D) any other territory or possession of the United 

States. 

‘‘(5) STATE DEPARTMENT OF AGRICULTURE.—The term ‘State 

department of agriculture’ means the agency, commission, or 

department of a State government responsible for agriculture 

in the State. 

‘‘(6) TRIBAL GOVERNMENT.—The term ‘Tribal government’ 

means the governing body of an Indian tribe. 

‘‘SEC. 297B. STATE AND TRIBAL PLANS. 

‘‘(a) SUBMISSION.— 

‘‘(1) IN GENERAL.—A State or Indian tribe desiring to have 

primary regulatory authority over the production of hemp in 

the State or territory of the Indian tribe shall submit to the 

Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer 

of the State) or the Tribal government, as applicable, a plan 

under which the State or Indian tribe monitors and regulates 

that production as described in paragraph (2). 

‘‘(2) CONTENTS.—A State or Tribal plan referred to in paragraph (1)— 

‘‘(A) shall only be required to include— 

‘‘(i) a practice to maintain relevant information 

regarding land on which hemp is produced in the State 

or territory of the Indian tribe, including a legal 

description of the land, for a period of not less than 

3 calendar years; 

‘‘(ii) a procedure for testing, using postdecarboxylation or other similarly reliable methods, 

delta-9 tetrahydrocannabinol concentration levels of 

hemp produced in the State or territory of the Indian 

tribe; 

‘‘(iii) a procedure for the effective disposal of— 

‘‘(I) plants, whether growing or not, that are 

produced in violation of this subtitle; and 

‘‘(II) products derived from those plants; 

‘‘(iv) a procedure to comply with the enforcement 

procedures under subsection (e); 

‘‘(v) a procedure for conducting annual inspections 

of, at a minimum, a random sample of hemp producers 

to verify that hemp is not produced in violation of 

this subtitle; 

‘‘(vi) a procedure for submitting the information 

described in section 297C(d)(2), as applicable, to the 

Secretary not more than 30 days after the date on 

which the information is received; and 

7 USC 1639p. 


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‘‘(vii) a certification that the State or Indian tribe 

has the resources and personnel to carry out the practices and procedures described in clauses (i) through 

(vi); and 

‘‘(B) may include any other practice or procedure established by a State or Indian tribe, as applicable, to the 

extent that the practice or procedure is consistent with 

this subtitle. 

‘‘(3) RELATION TO STATE AND TRIBAL LAW.— ‘‘(A) NO PREEMPTION.—Nothing in this subsection preempts or limits any law of a State or Indian tribe that— 

‘‘(i) regulates the production of hemp; and 

‘‘(ii) is more stringent than this subtitle. 

‘‘(B) REFERENCES IN PLANS.—A State or Tribal plan 

referred to in paragraph (1) may include a reference to 

a law of the State or Indian tribe regulating the production 

of hemp, to the extent that law is consistent with this 

subtitle. 

‘‘(b) APPROVAL.— 

‘‘(1) IN GENERAL.—Not later than 60 days after receipt 

of a State or Tribal plan under subsection (a), the Secretary 

shall— 

‘‘(A) approve the State or Tribal plan if the State 

or Tribal plan complies with subsection (a); or 

‘‘(B) disapprove the State or Tribal plan only if the 

State or Tribal plan does not comply with subsection (a). 

‘‘(2) AMENDED PLANS.—If the Secretary disapproves a State 

or Tribal plan under paragraph (1)(B), the State, through the 

State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the 

Tribal government, as applicable, may submit to the Secretary 

an amended State or Tribal plan that complies with subsection 

(a). 

‘‘(3) CONSULTATION.—The Secretary shall consult with the 

Attorney General in carrying out this subsection. 

‘‘(c) AUDIT OF STATE COMPLIANCE.— 

‘‘(1) IN GENERAL.—The Secretary may conduct an audit 

of the compliance of a State or Indian tribe with a State 

or Tribal plan approved under subsection (b). 

‘‘(2) NONCOMPLIANCE.—If the Secretary determines under 

an audit conducted under paragraph (1) that a State or Indian 

tribe is not materially in compliance with a State or Tribal 

plan— 

‘‘(A) the Secretary shall collaborate with the State or 

Indian tribe to develop a corrective action plan in the 

case of a first instance of noncompliance; and 

‘‘(B) the Secretary may revoke approval of the State 

or Tribal plan in the case of a second or subsequent 

instance of noncompliance. 

‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to a State or Indian tribe in the development 

of a State or Tribal plan under subsection (a). 

‘‘(e) VIOLATIONS.— 

‘‘(1) IN GENERAL.—A violation of a State or Tribal plan 

approved under subsection (b) shall be subject to enforcement 

solely in accordance with this subsection. 

‘‘(2) NEGLIGENT VIOLATION.— 


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‘‘(A) IN GENERAL.—A hemp producer in a State or 

the territory of an Indian tribe for which a State or Tribal 

plan is approved under subsection (b) shall be subject to 

subparagraph (B) of this paragraph if the State department 

of agriculture or Tribal government, as applicable, determines that the hemp producer has negligently violated 

the State or Tribal plan, including by negligently— 

‘‘(i) failing to provide a legal description of land 

on which the producer produces hemp; 

‘‘(ii) failing to obtain a license or other required 

authorization from the State department of agriculture 

or Tribal government, as applicable; or 

‘‘(iii) producing Cannabis sativa L. with a delta9 tetrahydrocannabinol concentration of more than 0.3 

percent on a dry weight basis. 

‘‘(B) CORRECTIVE ACTION PLAN.—A hemp producer 

described in subparagraph (A) shall comply with a plan 

established by the State department of agriculture or Tribal 

government, as applicable, to correct the negligent violation, including— 

‘‘(i) a reasonable date by which the hemp producer 

shall correct the negligent violation; and 

‘‘(ii) a requirement that the hemp producer shall 

periodically report to the State department of agriculture or Tribal government, as applicable, on the 

compliance of the hemp producer with the State or 

Tribal plan for a period of not less than the next 

2 calendar years. 

‘‘(C) RESULT OF NEGLIGENT VIOLATION.—A hemp producer that negligently violates a State or Tribal plan under 

subparagraph (A) shall not as a result of that violation 

be subject to any criminal enforcement action by the Federal Government or any State government, Tribal government, or local government. 

‘‘(D) REPEAT VIOLATIONS.—A hemp producer that negligently violates a State or Tribal plan under subparagraph 

(A) 3 times in a 5-year period shall be ineligible to produce 

hemp for a period of 5 years beginning on the date of 

the third violation. 

‘‘(3) OTHER VIOLATIONS.— 

‘‘(A) IN GENERAL.—If the State department of agriculture or Tribal government in a State or the territory 

of an Indian tribe for which a State or Tribal plan is 

approved under subsection (b), as applicable, determines 

that a hemp producer in the State or territory has violated 

the State or Tribal plan with a culpable mental state 

greater than negligence— 

‘‘(i) the State department of agriculture or Tribal 

government, as applicable, shall immediately report 

the hemp producer to— 

‘‘(I) the Attorney General; and 

‘‘(II) the chief law enforcement officer of the 

State or Indian tribe, as applicable; and 

‘‘(ii) paragraph (1) of this subsection shall not apply 

to the violation. 

‘‘(B) FELONY.— 


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‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), any person convicted of a felony relating to a 

controlled substance under State or Federal law before, 

on, or after the date of enactment of this subtitle 

shall be ineligible, during the 10-year period following 

the date of the conviction— 

‘‘(I) to participate in the program established 

under this section or section 297C; and 

‘‘(II) to produce hemp under any regulations 

or guidelines issued under section 297D(a). 

‘‘(ii) EXCEPTION.—Clause (i) shall not apply to any 

person growing hemp lawfully with a license, registration, or authorization under a pilot program authorized 

by section 7606 of the Agricultural Act of 2014 (7 

U.S.C. 5940) before the date of enactment of this subtitle. 

‘‘(C) FALSE STATEMENT.—Any person who materially 

falsifies any information contained in an application to 

participate in the program established under this section 

shall be ineligible to participate in that program. 

‘‘(f) EFFECT.—Nothing in this section prohibits the production 

of hemp in a State or the territory of an Indian tribe— 

‘‘(1) for which a State or Tribal plan is not approved under 

this section, if the production of hemp is in accordance with 

section 297C or other Federal laws (including regulations); 

and 

‘‘(2) if the production of hemp is not otherwise prohibited 

by the State or Indian tribe. 

‘‘SEC. 297C. DEPARTMENT OF AGRICULTURE. 

‘‘(a) DEPARTMENT OF AGRICULTURE PLAN.— 

‘‘(1) IN GENERAL.—In the case of a State or Indian tribe 

for which a State or Tribal plan is not approved under section 

297B, the production of hemp in that State or the territory 

of that Indian tribe shall be subject to a plan established 

by the Secretary to monitor and regulate that production in 

accordance with paragraph (2). 

‘‘(2) CONTENT.—A plan established by the Secretary under 

paragraph (1) shall include— 

‘‘(A) a practice to maintain relevant information 

regarding land on which hemp is produced in the State 

or territory of the Indian tribe, including a legal description 

of the land, for a period of not less than 3 calendar years; 

‘‘(B) a procedure for testing, using post-decarboxylation 

or other similarly reliable methods, delta-9 

tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe; 

‘‘(C) a procedure for the effective disposal of— 

‘‘(i) plants, whether growing or not, that are produced in violation of this subtitle; and 

‘‘(ii) products derived from those plants; 

‘‘(D) a procedure to comply with the enforcement procedures under subsection (c)(2); 

‘‘(E) a procedure for conducting annual inspections of, 

at a minimum, a random sample of hemp producers to 

verify that hemp is not produced in violation of this subtitle; and 

7 USC 1639q. 


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‘‘(F) such other practices or procedures as the Secretary 

considers to be appropriate, to the extent that the practice 

or procedure is consistent with this subtitle. 

‘‘(b) LICENSING.—The Secretary shall establish a procedure to 

issue licenses to hemp producers in accordance with a plan established under subsection (a). 

‘‘(c) VIOLATIONS.— 

‘‘(1) IN GENERAL.—In the case of a State or Indian tribe 

for which a State or Tribal plan is not approved under section 

297B, it shall be unlawful to produce hemp in that State 

or the territory of that Indian tribe without a license issued 

by the Secretary under subsection (b). 

‘‘(2) NEGLIGENT AND OTHER VIOLATIONS.—A violation of 

a plan established under subsection (a) shall be subject to 

enforcement in accordance with paragraphs (2) and (3) of section 297B(e), except that the Secretary shall carry out that 

enforcement instead of a State department of agriculture or 

Tribal government. 

‘‘(3) REPORTING TO ATTORNEY GENERAL.—In the case of 

a State or Indian tribe covered by paragraph (1), the Secretary 

shall report the production of hemp without a license issued 

by the Secretary under subsection (b) to the Attorney General. 

‘‘(d) INFORMATION SHARING FOR LAW ENFORCEMENT.— 

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

‘‘(A) collect the information described in paragraph (2); 

and 

‘‘(B) make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement. 

‘‘(2) CONTENT.—The information collected by the Secretary 

under paragraph (1) shall include— 

‘‘(A) contact information for each hemp producer in 

a State or the territory of an Indian tribe for which— 

‘‘(i) a State or Tribal plan is approved under section 

297B(b); or 

‘‘(ii) a plan is established by the Secretary under 

this section; 

‘‘(B) a legal description of the land on which hemp 

is grown by each hemp producer described in subparagraph 

(A); and 

‘‘(C) for each hemp producer described in subparagraph 

(A)— 

‘‘(i) the status of— 

‘‘(I) a license or other required authorization 

from the State department of agriculture or Tribal 

government, as applicable; or 

‘‘(II) a license from the Secretary; and 

‘‘(ii) any changes to the status. 

‘‘SEC. 297D. REGULATIONS AND GUIDELINES; EFFECT ON OTHER LAW. 

‘‘(a) PROMULGATION OF REGULATIONS AND GUIDELINES; 

REPORT.— 

‘‘(1) REGULATIONS AND GUIDELINES.— 

‘‘(A) IN GENERAL.—The Secretary shall promulgate 

regulations and guidelines to implement this subtitle as 

expeditiously as practicable. 

7 USC 1639r. 


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‘‘(B) CONSULTATION WITH ATTORNEY GENERAL.—The 

Secretary shall consult with the Attorney General on the 

promulgation of regulations and guidelines under subparagraph (A). 

‘‘(2) REPORT.—The Secretary shall annually submit to the 

Committee on Agriculture of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry of the 

Senate a report containing updates on the implementation of 

this subtitle. 

‘‘(b) AUTHORITY.—Subject to subsection (c)(3)(B), the Secretary 

shall have sole authority to promulgate Federal regulations and 

guidelines that relate to the production of hemp, including Federal 

regulations and guidelines that relate to the implementation of 

sections 297B and 297C. 

‘‘(c) EFFECT ON OTHER LAW.—Nothing in this subtitle shall 

affect or modify— 

‘‘(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

301 et seq.); 

‘‘(2) section 351 of the Public Health Service Act (42 U.S.C. 

262); or 

‘‘(3) the authority of the Commissioner of Food and Drugs 

and the Secretary of Health and Human Services— 

‘‘(A) under— 

‘‘(i) the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 301 et seq.); or 

‘‘(ii) section 351 of the Public Health Service Act 

(42 U.S.C. 262); or 

‘‘(B) to promulgate Federal regulations and guidelines 

that relate to the production of hemp under the Act 

described in subparagraph (A)(i) or the section described 

in subparagraph (A)(ii). 

‘‘SEC. 297E. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle.’’. 

SEC. 10114. INTERSTATE COMMERCE. 

(a) RULE OF CONSTRUCTION.—Nothing in this title or an amendment made by this title prohibits the interstate commerce of hemp 

(as defined in section 297A of the Agricultural Marketing Act of 

1946 (as added by section 10113)) or hemp products. 

(b) TRANSPORTATION OF HEMP AND HEMP PRODUCTS.—No State 

or Indian Tribe shall prohibit the transportation or shipment of 

hemp or hemp products produced in accordance with subtitle G 

of the Agricultural Marketing Act of 1946 (as added by section 

10113) through the State or the territory of the Indian Tribe, 

as applicable. 

SEC. 10115. FIFRA INTERAGENCY WORKING GROUP. 

Section 3(c) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 13a(c)) is amended by adding at the 

end the following: 

‘‘(11) INTERAGENCY WORKING GROUP.— 

‘‘(A) DEFINITION OF COVERED AGENCY.—In this paragraph, the term ‘covered agency’ means any of the following: 

‘‘(i) The Department of Agriculture. 

‘‘(ii) The Department of Commerce. 

7 USC 1639o 

note. 

7 USC 1639s. 


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‘‘(iii) The Department of the Interior. 

‘‘(iv) The Council on Environmental Quality. 

‘‘(v) The Environmental Protection Agency. 

‘‘(B) ESTABLISHMENT.—The Administrator shall establish an interagency working group, to be comprised of representatives from each covered agency, to provide recommendations regarding, and to implement a strategy for 

improving, the consultation process required under section 

7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) 

for pesticide registration and registration review. 

‘‘(C) DUTIES.—The interagency working group established under subparagraph (B) shall— 

‘‘(i) analyze relevant Federal law (including regulations) and case law for purposes of providing an outline 

of the legal and regulatory framework for the consultation process referred to in that subparagraph, 

including— 

‘‘(I) requirements under this Act and the 

Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.); 

‘‘(II) Federal case law regarding the intersection of this Act and the Endangered Species Act 

of 1973 (16 U.S.C. 1531 et seq.); and 

‘‘(III) Federal regulations relating to the pesticide consultation process; 

‘‘(ii) provide advice regarding methods of— 

‘‘(I) defining the scope of actions of the covered 

agencies that are subject to the consultation 

requirement referred to in subparagraph (B); and 

‘‘(II) properly identifying and classifying effects 

of actions of the covered agencies with respect 

to that consultation requirement; 

‘‘(iii) identify the obligations and limitations under 

Federal law of each covered agency for purposes of 

providing a legal and regulatory framework for developing the recommendations referred to in subparagraph (B); 

‘‘(iv) review practices for the consultation referred 

to in subparagraph (B) to identify problem areas, areas 

for improvement, and best practices for conducting that 

consultation among the covered agencies; 

‘‘(v) develop scientific and policy approaches to 

increase the accuracy and timeliness of the process 

for that consultation, in accordance with requirements 

of this Act and the Endangered Species Act of 1973 

(16 U.S.C. 1531 et seq.), including— 

‘‘(I) processes to efficiently share data and 

coordinate analyses among the Department of 

Agriculture, the Department of Commerce, the 

Department of the Interior, and the Environmental 

Protection Agency; 

‘‘(II) a streamlined process for identifying 

which actions require no consultation, informal 

consultation, or formal consultation; 

‘‘(III) an approach that will provide clarity 

with respect to what constitutes the best scientific 


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132 STAT. 4916 PUBLIC LAW 115–334—DEC. 20, 2018 

and commercial data available in the fields of pesticide use and ecological risk assessment, pursuant 

to section 7(a)(2) of the Endangered Species Act 

of 1973 (16 U.S.C. 1536(a)(2)); and 

‘‘(IV) approaches that enable the Environmental Protection Agency to better assist the 

Department of the Interior and the Department 

of Commerce in carrying out obligations under that 

section in a timely and efficient manner; and 

‘‘(vi) propose and implement a strategy to implement approaches to consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

and document that strategy in a memorandum of 

understanding, revised regulations, or another appropriate format to promote durable cooperation among 

the covered agencies. 

‘‘(D) REPORTS.— 

‘‘(i) PROGRESS REPORTS.— 

‘‘(I) IN GENERAL.—Not later than 18 months 

after the date of enactment of this paragraph, 

the Administrator, in coordination with the head 

of each other covered agency, shall submit to the 

Committee on Agriculture of the House of Representatives and the Committee on Agriculture, 

Nutrition, and Forestry of the Senate a report 

describing the progress of the working group in 

developing the recommendations under subparagraph (B). 

‘‘(II) REQUIREMENTS.—The report under this 

clause shall— 

‘‘(aa) reflect the perspectives of each covered agency; and 

‘‘(bb) identify areas of new consensus and 

continuing topics of disagreement and debate. 

‘‘(ii) RESULTS.— ‘‘(I) IN GENERAL.—Not later than 1 year after 

the date of enactment of this paragraph, the 

Administrator, in coordination with the head of 

each other covered agency, shall submit to the 

Committee on Agriculture of the House of Representatives and the Committee on Agriculture, 

Nutrition, and Forestry of the Senate a report 

describing— 

‘‘(aa) the recommendations developed 

under subparagraph (B); and 

‘‘(bb) plans for implementation of those 

recommendations. 

‘‘(II) REQUIREMENTS.—The report under this 

clause shall— 

‘‘(aa) reflect the perspectives of each covered agency; and 

‘‘(bb) identify areas of consensus and continuing topics of disagreement and debate, if 

any. 

‘‘(iii) IMPLEMENTATION.—Not later than 1 year 

after the date of submission of the report under clause 

(i), the Administrator, in coordination with the head 


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of each other covered agency, shall submit to the Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing— 

‘‘(I) the implementation of the recommendations referred to in that clause; 

‘‘(II) the extent to which that implementation 

improved the consultation process referred to in 

subparagraph (B); and 

‘‘(III) any additional recommendations for 

improvements to the process described in subparagraph (B). 

‘‘(iv) OTHER REPORTS.—Not later than the date 

that is 180 days after the date of submission of the 

report under clause (iii), and not less frequently than 

once every 180 days thereafter during the 5-year period 

beginning on that date, the Administrator, in coordination with the head of each other covered agency, shall 

submit to the Committee on Agriculture of the House 

of Representatives and the Committee on Agriculture, 

Nutrition, and Forestry of the Senate a report 

describing— 

‘‘(I) the implementation of the recommendations referred to in that clause; 

‘‘(II) the extent to which that implementation 

improved the consultation process referred to in 

subparagraph (B); and 

‘‘(III) any additional recommendations for 

improvements to the process described in subparagraph (B). 

‘‘(E) CONSULTATION WITH PRIVATE SECTOR.—In carrying 

out the duties under this paragraph, the working group 

shall, as appropriate— 

‘‘(i) consult with, representatives of interested 

industry stakeholders and nongovernmental organizations; and 

‘‘(ii) take into consideration factors, such as actual 

and potential differences in interest between, and the 

views of, those stakeholders and organizations. 

‘‘(F) FEDERAL ADVISORY COMMITTEE ACT.—The Federal 

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

to the working group established under this paragraph. 

‘‘(G) SAVINGS CLAUSE.—Nothing in this paragraph 

supersedes any provision of— 

‘‘(i) this Act; or 

‘‘(ii) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.), including the requirements under section 

7 of that Act (16 U.S.C. 1536).’’. 

SEC. 10116. STUDY ON METHYL BROMIDE USE IN RESPONSE TO AN 

EMERGENCY EVENT. 

(a) DEFINITIONS.—In this section: 

(1) EMERGENCY EVENT.—The term ‘‘emergency event’’ 

means a situation— 

(A) that occurs at a location on which a plant or commodity is grown or produced or facility providing for the 


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132 STAT. 4918 PUBLIC LAW 115–334—DEC. 20, 2018 

storage of, or other services with respect to, a plant or 

commodity; 

(B) for which the lack of availability of methyl bromide 

for a particular use would result in significant economic 

loss to the owner, lessee, or operator of the location or 

facility or the owner, grower, or purchaser of the plant 

or commodity; and 

(C) that, in light of the specific agricultural, meteorological, or other conditions presented, requires the use of 

methyl bromide to control a pest or disease in the location 

or facility because there are no technically feasible alternatives to methyl bromide easily accessible by an entity 

referred to in subparagraph (B) at the time and location 

of the event that— 

(i) are registered under the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) 

for the intended use or pest to be so controlled; and 

(ii) would adequately control the pest or disease 

presented at the location or facility. 

(2) PEST.—The term ‘‘pest’’ has the meaning given the 

term in section 2 of the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136). 

(b) STUDY.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

Secretary of State and the Administrator of the Environmental 

Protection Agency, shall complete a study on the potential 

use of methyl bromide in response to an emergency event. 

(2) REQUIREMENTS.—The study under paragraph (1) shall 

include— 

(A) a risk-benefit analysis of authorizing State, local, 

or Tribal authorities, in accordance with appropriate 

requirements and criteria, such as the recommendations 

developed under subparagraph (E)— 

(i) to determine when the use of methyl bromide 

is required; and 

(ii) to authorize such use; 

(B) a risk-benefit analysis of authorizing the Secretary, 

in accordance with appropriate requirements and criteria, 

such as the recommendations developed under subparagraph (E)— 

(i) to determine when the use of methyl bromide 

is required; and 

(ii) to authorize such use; 

(C) a historic estimate of situations occurring on or 

after September 15, 1997, that could have been deemed 

emergency events; 

(D) a detailed assessment of the adherence of the 

United States to international obligations of the United 

States with respect to the prevention of ozone depletion; 

and 

(E) an assessment and recommendations on appropriate requirements and criteria to be met to authorize 

the use of methyl bromide in response to an emergency 

event (including any recommendations for revising the definition of the term ‘‘emergency event’’ in subsection (a)) 

in a manner that fully complies with the Montreal Protocol 

on Substances that Deplete the Ozone Layer, including 


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Decision IX/7 of the Ninth Meeting of the Conference of 

the Parties to the Montreal Protocol on Substances that 

Deplete the Ozone Layer. 

(c) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall submit a report on the study under 

subsection (b) to the Committee on Agriculture of the House of 

Representatives and the Committee on Agriculture, Forestry, and 

Nutrition of the Senate. 

TITLE XI—CROP INSURANCE 

SEC. 11101. DEFINITIONS. 

Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 

1502(b)) is amended— 

(1) by redesignating paragraphs (6), (7), (8), (9), (10), and 

(11) as paragraphs (7), (8), (10), (11), (12), and (13) respectively; 

(2) by inserting after paragraph (5) the following: 

‘‘(6) COVER CROP TERMINATION.—The term ‘cover crop 

termination’ means a practice that historically and under 

reasonable circumstances results in the termination of the 

growth of a cover crop.’’; and 

(3) by inserting after paragraph (8) (as so redesignated) 

the following: 

‘‘(9) HEMP.—The term ‘hemp’ has the meaning given the 

term in section 297A of the Agricultural Marketing Act of 

1946.’’. 

SEC. 11102. DATA COLLECTION. 

Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C. 

1506(h)(2)) is amended— 

(1) by striking ‘‘The Corporation’’ and inserting the following: 

‘‘(A) IN GENERAL.—The Corporation’’; and 

(2) by adding at the end the following: 

‘‘(B) NATIONAL AGRICULTURAL STATISTICS SERVICE.— 

Data collected by the National Agricultural Statistics 

Service, whether published or unpublished, shall be— 

‘‘(i) provided in an aggregate form to the Corporation for the purpose of providing insurance under this 

subtitle; and 

‘‘(ii) kept confidential by the Corporation in the 

same manner and to the same extent as is required 

under— 

‘‘(I) section 1770 of the Food Security Act of 

1985 (7 U.S.C. 2276); and 

‘‘(II) the Confidential Information Protection 

and Statistical Efficiency Act of 2002 (44 U.S.C. 

3501 note; Public Law 107–347). 

‘‘(C) NONINSURED CROP DISASTER ASSISTANCE PROGRAM.—In collecting data under this subsection, the Secretary shall ensure that— 

‘‘(i) appropriate data are collected through the noninsured crop disaster assistance program established 

by section 196 of the Federal Agriculture Improvement 

and Reform Act of 1996 (7 U.S.C. 7333); and 


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132 STAT. 4920 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(ii) not less frequently than annually, the Farm 

Service Agency shares, and the Corporation considers, 

the data described in clause (i).’’. 

SEC. 11103. SHARING OF RECORDS. 

Section 506(h)(3) of the Federal Crop Insurance Act (7 U.S.C. 

1506(h)(3)) is amended by inserting ‘‘applicants who have received 

payment under section 522(b)(2)(E),’’ after ‘‘divisions,’’. 

SEC. 11104. USE OF RESOURCES. 

Section 507(f) of the Federal Crop Insurance Act (7 U.S.C. 

1507(f)) is amended— 

(1) by striking paragraphs (3) and (4) and inserting the 

following: 

‘‘(3) the Farm Service Agency, in assisting the Board in— 

‘‘(A) the determination of individual producer yields; 

‘‘(B) sharing information on beginning farmers and 

ranchers and veteran farmers and ranchers; 

‘‘(C) investigating potential waste, fraud, or abuse; 

‘‘(D) sharing information to support the transition of 

crops and counties from the noninsured crop disaster assistance program established by section 196 of the Federal 

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

7333) to insurance under this subtitle; and 

‘‘(E) serving as a local point of contact for the dissemination of information on risk management options available 

to farmers and ranchers; and 

‘‘(4) other Federal agencies, in assisting the Board in any 

way the Board determines is necessary in carrying out this 

subtitle.’’; 

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

the following: 

‘‘(2) the’’; and 

(3) by striking ‘‘(f) The Board’’ in the matter preceding 

paragraph (1) and all that follows through the semicolon at 

the end of paragraph (1) and inserting the following: 

‘‘(f) USE OF RESOURCES, DATA, BOARDS, AND COMMITTEES OF

FEDERAL AGENCIES.—If the Board determines it is necessary, the 

Board shall use, to the maximum extent practicable, the resources, 

data, boards, and the committees of— 

‘‘(1) the Natural Resources Conservation Service, in 

assisting the Board in— 

‘‘(A) the classification of land as to risk and production 

capability; and 

‘‘(B) the consideration of acceptable conservation practices, including good farming practices with respect to conservation (such as cover crop termination);’’. 

SEC. 11105. SPECIALTY CROPS. 

(a) SPECIALTY CROPS COORDINATOR.—Section 507(g) of the Federal Crop Insurance Act (7 U.S.C. 1507(g)) is amended— 

(1) by striking the subsection designation and all that 

follows through ‘‘The Corporation’’ in paragraph (1) and 

inserting the following: 

‘‘(g) SPECIALTY CROPS COORDINATOR.— ‘‘(1) IN GENERAL.—The Corporation’’; and 

(2) by adding at the end the following: 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4921 

‘‘(4) SPECIALTY CROP LIAISONS.—The Specialty Crops 

Coordinator shall— 

‘‘(A) designate a Specialty Crops Liaison in each 

regional field office; and 

‘‘(B) share the contact information of the Specialty 

Crops Liaisons with specialty crop producers. 

‘‘(5) WEBSITE.—The Specialty Crops Coordinator shall 

establish a website focused on the efforts of the Corporation 

to provide and expand crop insurance for specialty crop producers.’’. 

(b) ADDITION OF SPECIALTY CROPS AND OTHER VALUE-ADDED

CROPS.—Section 508(a)(6) of the Federal Crop Insurance Act (7 

U.S.C. 1508(a)(6)) is amended— 

(1) in the paragraph heading, by adding at the end the 

following: ‘‘(INCLUDING VALUE-ADDED CROPS)’’; 

(2) by striking subparagraph (A) and inserting the following: 

‘‘(A) ANNUAL REVIEW.—Not later than 1 year after the 

date of enactment of the Agriculture Improvement Act 

of 2018, and annually thereafter, the manager of the Corporation shall prepare, to the maximum extent practicable, 

based on data shared from the noninsured crop disaster 

assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 

U.S.C. 7333), written agreements, or other data, and 

present to the Board not less than 1 of each of the following: 

‘‘(i) Research and development for a policy or plan 

of insurance for a commodity for which there is no 

existing policy or plan of insurance. 

‘‘(ii) Expansion of an existing policy or plan of 

insurance to additional counties or States, including 

malting barley endorsements or contract options. 

‘‘(iii) Research and development for a new policy 

or plan of insurance, or endorsement, for commodities 

with existing policies or plans of insurance, such as 

dollar plans.’’; 

(3) in subparagraph (B), in the subparagraph heading, 

by striking ‘‘ADDITION OF NEW CROPS’’ and inserting ‘‘REPORT’’; 

and 

(4) by striking subparagraphs (C) and (D). 

SEC. 11106. INSURANCE PERIOD. 

Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C. 

1508(a)(2)) is amended by striking ‘‘and sweet potatoes’’ and 

inserting ‘‘sweet potatoes, and hemp’’. 

SEC. 11107. COVER CROPS. 

Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 

1508(a)) is amended— 

(1) in paragraph (3)(B), in the subparagraph heading, by 

inserting ‘‘DETERMINATION REVIEW’’ after ‘‘PRACTICES’’; and 

(2) by adding at the end the following: 

‘‘(11) COVER CROPS.— 

‘‘(A) IN GENERAL.—The voluntary practice of cover cropping shall be considered a good farming practice under 

paragraph (3)(A)(iii) if the cover crop is terminated in 

accordance with subparagraph (B). 

‘‘(B) TERMINATION.— 


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132 STAT. 4922 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(i) IN GENERAL.—The termination of a cover crop 

shall be carried out according to— 

‘‘(I) guidelines established by the Secretary; 

or 

‘‘(II) an exception to the guidelines approved 

under clause (ii). 

‘‘(ii) EXCEPTION TO GUIDELINES.—The Corporation 

shall approve an exception to the guidelines under 

clause (i)(I) if that exception is recommended by— 

‘‘(I) the Natural Resources Conservation 

Service; or 

‘‘(II) an agricultural expert, as determined by 

the Corporation, unless the exception is determined to be unreasonable by the Corporation. 

‘‘(C) INSURABILITY OF SUBSEQUENT CROP.—Cover crop 

termination shall not affect the insurability of a subsequently planted insurable crop if the cover crop is terminated in accordance with subparagraph (B). 

‘‘(D) SUMMER FALLOW.—In a county in which summer 

fallow is an insurable practice, a cover crop in that county 

that is terminated in accordance with subparagraph (B) 

shall be considered as summer fallow for the purpose of 

insurability.’’. 

SEC. 11108. UNDERSERVED PRODUCERS. 

Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C. 

1508(a)(7)) is amended— 

(1) in the paragraph heading, by inserting ‘‘AND UNDERSERVED PRODUCERS’’ after ‘‘STATES’’; 

(2) in subparagraph (A)— 

(A) by striking the designation and heading and all 

that follows through ‘‘the term’’ and inserting the following: 

‘‘(A) DEFINITIONS.—In this paragraph: 

‘‘(i) ADEQUATELY SERVED.—The term’’; 

(B) in clause (i) (as so designated), by striking ‘‘participation rate’’ and inserting ‘‘participation rate, by crop,’’; 

and 

(C) by adding at the end the following: 

‘‘(ii) UNDERSERVED PRODUCER.—The term ‘underserved producer’ means an individual (including a 

member of an Indian Tribe) that is— 

‘‘(I) a beginning farmer or rancher; 

‘‘(II) a veteran farmer or rancher; or 

‘‘(III) a socially disadvantaged farmer or 

rancher.’’; 

(3) in subparagraph (B)— 

(A) by striking ‘‘The Board’’ and inserting ‘‘Using 

resources and information available to the Board or the 

Secretary, the Board’’; and 

(B) by striking ‘‘subtitle’’ and inserting ‘‘subtitle, 

including policies and plans of insurance for underserved 

producers,’’; and 

(4) by striking subparagraph (C) and inserting the following: 

‘‘(C) REPORT.— 

‘‘(i) IN GENERAL.—Not later than 30 days after 

completion of the review under subparagraph (B), and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4923 

not less frequently than once every 3 years thereafter, 

the Board shall make publicly available and submit 

to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing 

the results of the review. 

‘‘(ii) RECOMMENDATIONS.—The report under clause 

(i) shall include recommendations to increase participation in States and among underserved producers that 

are not adequately served by the policies and plans 

of insurance, including any plans for administrative 

action or recommendations for Congressional action.’’. 

SEC. 11109. TREATMENT OF FORAGE AND GRAZING. 

(a) AVAILABILITY OF CATASTROPHIC RISK PROTECTION FOR CROPS

AND GRASSES USED FOR GRAZING.—Section 508(b)(1) of the Federal 

Crop Insurance Act (7 U.S.C. 1508(b)(1)) is amended— 

(1) by striking ‘‘(A) IN GENERAL.—Except as provided in 

subparagraph (B), the’’ and inserting ‘‘The’’; and 

(2) by striking subparagraph (B). 

(b) COVERAGE FOR FORAGE AND GRAZING.—The Federal Crop 

Insurance Act is amended by inserting after section 508C (7 U.S.C. 

1508c) the following new section: 

‘‘SEC. 508D. COVERAGE FOR FORAGE AND GRAZING. 

‘‘Notwithstanding section 508A, and in addition to any other 

available coverage, for crops that can be both grazed and mechanically harvested on the same acres during the same growing season, 

producers shall be allowed to purchase separate policies for each 

intended use, as determined by the Corporation, and any indemnity 

paid under those policies for each intended use shall not be considered to be for the same loss for the purposes of section 508(n).’’. 

SEC. 11110. ADMINISTRATIVE BASIC FEE. 

Section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C. 

1508(b)(5)(A)) is amended by striking ‘‘$300’’ and inserting ‘‘$655’’. 

SEC. 11111. ENTERPRISE UNITS. 

Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C. 

1508(e)(5)) is amended by adding at the end the following: 

‘‘(E) ENTERPRISE UNITS ACROSS COUNTY LINES.—The 

Corporation may allow a producer to establish a single 

enterprise unit by combining an enterprise unit with— 

‘‘(i) 1 or more other enterprise units in 1 or more 

other counties; or 

‘‘(ii) all basic units and all optional units in 1 

or more other counties.’’. 

SEC. 11112. CONTINUED AUTHORITY. 

Section 508(g) of the Federal Crop Insurance Act (7 U.S.C. 

1508(g)) is amended by adding at the end the following new paragraph: 

‘‘(6) CONTINUED AUTHORITY.— 

‘‘(A) IN GENERAL.—The Corporation shall establish— 

‘‘(i) underwriting rules that limit the decrease in 

the actual production history of a producer, at the 

election of the producer, to not more than 10 percent 

of the actual production history of the previous crop 

7 USC 1508d. 


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132 STAT. 4924 PUBLIC LAW 115–334—DEC. 20, 2018 

year provided that the production decline was the 

result of drought, flood, natural disaster, or other 

insurable loss (as determined by the Corporation); and 

‘‘(ii) actuarially sound premiums to cover additional risk. 

‘‘(B) OTHER AUTHORITY.—The authority provided under 

subparagraph (A) is in addition to any other authority 

that adjusts the actual production history of the producer 

under this Act. 

‘‘(C) EFFECT.—Nothing in this paragraph shall be construed to require a change in the administration of any 

provision of this Act as the Act was administered for the 

2018 reinsurance year.’’. 

SEC. 11113. SUBMISSION OF POLICIES AND MATERIALS TO BOARD. 

Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 

1508(h)) is amended— 

(1) in paragraph (1)(B)— 

(A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; 

(B) in the matter preceding subclause (I) (as so redesignated), by striking ‘‘The Corporation shall’’ and inserting 

the following: 

‘‘(i) IN GENERAL.—The Corporation shall’’; 

(C) in clause (i)(I) (as so redesignated), by inserting 

‘‘subject to clause (ii),’’ before ‘‘will likely’’; and 

(D) by adding at the end the following: 

‘‘(ii) WAIVER FOR HEMP.—The Corporation may 

waive the viability and marketability requirement 

under clause (i)(I) in the case of a policy or pilot program relating to the production of hemp.’’; and 

(2) in paragraph (3)(C)— 

(A) in clause (ii), by striking ‘‘and’’ at the end; 

(B) in clause (iii), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(iv) in the case of reviewing policies and other 

materials relating to the production of hemp, may 

waive the viability and marketability requirement 

under subparagraph (A)(ii)(I).’’. 

SEC. 11114. CROP PRODUCTION ON NATIVE SOD. 

Section 508(o)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 

1508(o)(2)(A)) is amended— 

(1) by striking ‘‘During the’’ and inserting the following: 

‘‘(i) FIRST 4 CROP YEARS.—During the’’; 

(2) in clause (i) (as so designated), by striking ‘‘after the 

date of enactment of the Agricultural Act of 2014’’ and inserting 

‘‘beginning on February 8, 2014, and ending on the date of 

enactment of the Agriculture Improvement Act of 2018’’; and 

(3) by adding at the end the following: 

‘‘(ii) SUBSEQUENT CROP YEARS.—Native sod acreage 

that has been tilled for the production of an insurable 

crop after the date of enactment of the Agriculture 

Improvement Act of 2018 shall be subject to a reduction 

in benefits under this subtitle as described in this 

paragraph for not more than 4 cumulative years— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4925 

‘‘(I) during the first 10 years after initial tillage; and 

‘‘(II) during each of which a crop on that acreage is insured under subsection (c).’’. 

SEC. 11115. USE OF NATIONAL AGRICULTURAL STATISTICS SERVICE 

DATA TO COMBAT WASTE, FRAUD, AND ABUSE. 

Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) 

is amended— 

(1) in subsection (d)(1)— 

(A) in subparagraph (B), by striking ‘‘and’’ at the end; 

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

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(D) using published aggregate data from the National 

Agricultural Statistics Service or any other data source 

to— 

‘‘(i) detect yield disparities or other data anomalies 

that indicate potential fraud; and 

‘‘(ii) target the relevant counties, crops, regions, 

companies, or agents associated with that potential 

fraud for audits and other enforcement actions.’’; and 

(2) in subsection (f)(2)(A), by striking ‘‘pursuant to’’ each 

place it appears and inserting ‘‘under’’. 

SEC. 11116. SUBMISSION OF INFORMATION TO CORPORATION. 

Section 515(g) of the Federal Crop Insurance Act (7 U.S.C. 

1515(g)) is amended— 

(1) in paragraph (1), by adding at the end the following: 

‘‘(D) The actual production history to be used to establish insurable yields.’’; and 

(2) in paragraph (2)— 

(A) by striking ‘‘The information required by paragraph 

(1)’’ and inserting the following: 

‘‘(A) IN GENERAL.—The information required to be submitted under subparagraphs (A) through (C) of paragraph 

(1)’’; and 

(B) by adding at the end the following: 

‘‘(B) ACTUAL PRODUCTION HISTORY.— ‘‘(i) IN GENERAL.—The information required to be 

submitted under paragraph (1)(D) with respect to an 

applicable policy or plan of insurance for a covered 

commodity (as defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)) shall be submitted 

so as to ensure receipt by the Corporation not later 

than the Saturday of the week containing the calendar 

day that is 30 days after the applicable production 

reporting date for the crop to be insured. 

‘‘(ii) CORRECTION OF ERRORS.—Nothing in clause 

(i) limits the ability of an approved insurance provider 

to correct any error in the information submitted under 

paragraph (1)(D) after receipt of the information by 

the Corporation in accordance with clause (i).’’. 

SEC. 11117. CONTINUING EDUCATION FOR LOSS ADJUSTERS AND 

AGENTS. 

Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) 

is amended— 


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132 STAT. 4926 PUBLIC LAW 115–334—DEC. 20, 2018 

(1) by redesignating subsection (k) as subsection (l); and 

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

‘‘(k) CONTINUING EDUCATION FOR LOSS ADJUSTERS AND

AGENTS.— 

‘‘(1) IN GENERAL.—The Corporation shall establish requirements for continuing education for loss adjusters and agents 

of approved insurance providers. 

‘‘(2) REQUIREMENTS.—The requirements for continuing education described in paragraph (1) shall ensure that loss 

adjusters and agents of approved insurance providers are 

familiar with— 

‘‘(A) the policies and plans of insurance available under 

this Act, including the regulations promulgated to carry 

out this Act; 

‘‘(B) efforts to promote program integrity through the 

elimination of waste, fraud, and abuse; and 

‘‘(C) other aspects of adjusting, delivering, and servicing policies and plans of insurance by adjustors and 

agents, as determined by the Secretary, including conservation activities and agronomic practices (including organic 

and sustainable practices) that are common and appropriate to the area in which the insured crop being inspected 

is produced.’’. 

SEC. 11118. PROGRAM ADMINISTRATION. 

Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7 

U.S.C. 1516(b)(2)(C)(i)) is amended by striking ‘‘$9,000,000’’ and 

inserting ‘‘$7,000,000’’. 

SEC. 11119. AGRICULTURAL COMMODITY. 

Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518) 

is amended by inserting ‘‘hemp,’’ before ‘‘aquacultural species’’. 

SEC. 11120. MAINTENANCE OF POLICIES. 

(a) IN GENERAL.—Section 522(b) of the Federal Crop Insurance 

Act (7 U.S.C. 1522(b)) is amended— 

(1) in paragraph (1), by amending subparagraph (B) to 

read as follows: 

‘‘(B) REIMBURSEMENT.— 

‘‘(i) IN GENERAL.—An applicant who submits a 

policy under section 508(h) shall be eligible for the 

reimbursement of reasonable research and development costs if the policy is approved by the Board 

for sale to producers. 

‘‘(ii) REASONABLE COSTS.—For the purpose of 

reimbursing research and development and maintenance costs under this section, costs of the applicant 

shall be considered reasonable costs if the costs are 

based on— 

‘‘(I) for any employees or contracted personnel, 

wage rates equal to not more than 2 times the 

hourly wage rate plus benefits, as provided by 

the Bureau of Labor Statistics for the year in 

which such costs are incurred, calculated using 

the formula applied to an applicant by the Corporation in reviewing proposed project budgets under 

this section on October 1, 2016; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4927 

‘‘(II) other actual documented costs incurred 

by the applicant.’’; and 

(2) in paragraph (4)— 

(A) in subparagraph (C), by striking ‘‘approved insurance provider’’ and inserting ‘‘applicant’’; and 

(B) in subparagraph (D)— 

(i) in clause (i), by striking ‘‘determined by the 

approved insurance provider’’ and inserting ‘‘determined by the applicant’’; and 

(ii) by adding at the end the following: 

‘‘(iii) REVIEW.—After the Board approves the 

amount of a fee under clause (ii), the fee shall remain 

in effect and not be reviewed by the Board unless— 

‘‘(I) the applicant petitions the Board for 

reconsideration of the fee; 

‘‘(II) a substantial change is made to the policy, 

as determined by the Board; or 

‘‘(III) there is substantial evidence that the 

fee is inhibiting sales or use of the policy, as determined by the Board.’’. 

(b) APPLICABILITY.— (1) IN GENERAL.—The amendments made by this section 

shall apply to reimbursement requests made on or after October 

1, 2016. 

(2) RESUBMISSION OF DENIED REQUEST.—An applicant that 

was denied all or a portion of a reimbursement request under 

paragraph (1) of section 522(b) of the Federal Crop Insurance 

Act (7 U.S.C. 1522(b)) during the period between October 1, 

2016, and the date of the enactment of this Act shall be given 

an opportunity to resubmit such request. 

SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND 

MAINTENANCE COSTS. 

Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 

1522(b)) is amended— 

(1) in paragraph (2), by adding at the end the following: 

‘‘(K) WAIVER FOR HEMP.—The Board may waive the 

viability and marketability requirements under this paragraph in the case of research and development relating 

to a policy to insure the production of hemp.’’; and 

(2) in paragraph (3)— 

(A) by striking ‘‘The Corporation’’ and inserting the 

following: 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Corporation’’; and 

(B) by adding at the end the following: 

‘‘(B) WAIVER FOR HEMP.—The Corporation may waive 

the marketability requirement under subparagraph (A) in 

the case of research and development relating to a policy 

to insure the production of hemp.’’. 

SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY. 

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 

1522(c)) is amended— 

(1) by striking paragraphs (7) through (18) and (20) through 

(23); 

(2) by redesignating paragraphs (19) and (24) as paragraphs 

(7) and (8), respectively; 

7 USC 1522 note. 


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132 STAT. 4928 PUBLIC LAW 115–334—DEC. 20, 2018 

(3) in paragraph (7) (as so redesignated) (entitled ‘‘Whole 

farm diversified risk management insurance plan’’), by adding 

at the end the following: 

‘‘(E) REVIEW OF MODIFICATIONS TO IMPROVE EFFECTIVE- NESS.— ‘‘(i) IN GENERAL.—Not later than 18 months after 

the date of enactment of the Agriculture Improvement 

Act of 2018— 

‘‘(I) the Corporation shall hold stakeholder 

meetings to solicit producer and agent feedback; 

and 

‘‘(II) the Board shall— 

‘‘(aa) review procedures and paperwork 

requirements on agents and producers; and 

‘‘(bb) modify procedures and requirements, 

as appropriate, to decrease burdens and 

increase flexibility and effectiveness. 

‘‘(ii) FACTORS.—In carrying out items (aa) and (bb) 

of subclause (i)(II), the Board shall consider— 

‘‘(I) removing caps on nursery and livestock 

production; 

‘‘(II) allowing a waiver to expand operations, 

especially for small and beginning farmers; 

‘‘(III) minimizing paperwork for producers and 

agents; 

‘‘(IV) implementing an option for producers 

with less than $1,000,000 in gross revenue that 

requires significantly less paperwork and recordkeeping; 

‘‘(V) developing and using alternative records 

such as time-stamped photographs or technology 

applications to document planting and production 

history; 

‘‘(VI) treating the different growth stages of 

aquaculture species as separate crops to recognize 

the difference in perils at different phases of 

growth; 

‘‘(VII) moderating the impacts of disaster years 

on historic revenue, such as— 

‘‘(aa) using an average of the historic and 

projected revenue; 

‘‘(bb) counting indemnities as historic revenue for loss years; 

‘‘(cc) counting payments under section 196 

of the Federal Agriculture Improvement and 

Reform Act of 1996 (7 U.S.C. 7333) as historic 

revenue for loss years; or 

‘‘(dd) using an assigned yield floor similar 

to the limitation described in section 

508(g)(6)(A)(i), as determined by the Secretary; 

‘‘(VIII) improving agent training and outreach 

to underserved regions and sectors such as small 

dairy farms; and 

‘‘(IX) providing coverage and indemnification 

of insurable losses— 

‘‘(aa) after the losses exceed the deductible; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4929 

‘‘(bb) up to the maximum amount of total 

coverage. 

‘‘(F) BEGINNING FARMER OR RANCHER DEFINED.—Notwithstanding section 502(b)(3), with respect to plans 

described under this paragraph, the term ‘beginning farmer 

or rancher’ means a farmer or rancher who has not actively 

operated and managed a farm or ranch with a bona fide 

insurable interest in a crop or livestock as an owner-operator, landlord, tenant, or sharecropper for more than 10 

crop years.’’; and 

(4) by inserting after paragraph (8) (as so redesignated) 

the following: 

‘‘(9) TROPICAL STORM OR HURRICANE INSURANCE.— ‘‘(A) IN GENERAL.—The Corporation shall carry out 

research and development, or offer to enter into 1 or more 

contracts with 1 or more qualified persons to carry out 

research and development, regarding a policy to insure 

crops (including tomatoes, peppers, and citrus) against 

losses due to a tropical storm or hurricane. 

‘‘(B) RESEARCH AND DEVELOPMENT.—Research and 

development under subparagraph (A) shall— 

‘‘(i) evaluate the effectiveness of risk management 

tools for a low frequency and catastrophic loss weather 

event; and 

‘‘(ii) result in a policy that provides protection for 

at least 1 of the following: 

‘‘(I) Production loss. 

‘‘(II) Revenue loss. 

‘‘(C) REPORT.—Not later than 1 year after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under this paragraph; and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(10) QUALITY LOSS.— 

‘‘(A) IN GENERAL.—The Corporation shall carry out 

research and development, or offer to enter into 1 or more 

contracts with 1 or more qualified persons to carry out 

research and development, regarding the establishment of 

each of the following alternative methods of adjusting for 

quality losses: 

‘‘(i) A method that does not impact the actual 

production history of a producer. 

‘‘(ii) A method that provides that, in circumstances 

in which a producer has suffered a quality loss to 

the insured crop of the producer that is insufficient 

to trigger an indemnity payment, the producer may 

elect to exclude that quality loss from the actual 

production history of the producer. 

‘‘(iii) 1 or more methods that combine the methods 

described in clauses (i) and (ii). 

‘‘(B) REQUIREMENTS.—Notwithstanding subsections (g) 

and (m) of section 508, any method developed under 


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132 STAT. 4930 PUBLIC LAW 115–334—DEC. 20, 2018 

subparagraph (A) that is used by the Corporation shall 

be— 

‘‘(i) optional for a producer to use; and 

‘‘(ii) offered at an actuarially sound premium rate. 

‘‘(C) REPORT.—Not later than 1 year after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under subparagraph (A); and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(11) CITRUS.— ‘‘(A) IN GENERAL.—The Corporation shall carry out 

research and development, or offer to enter into 1 or more 

contracts with 1 or more qualified persons to carry out 

research and development, regarding the insurance of 

citrus fruit commodities and commodity types, including 

research and development of— 

‘‘(i) improvements to 1 or more existing policies, 

including the whole-farm revenue protection pilot 

policy; 

‘‘(ii) alternative methods of insuring revenue for 

citrus fruit commodities and commodity types; and 

‘‘(iii) the development of new, or expansion of 

existing, revenue policies for citrus fruit commodities 

and commodity types. 

‘‘(B) REPORT.—Not later than 1 year after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under subparagraph (A); and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(12) HOPS.— 

‘‘(A) IN GENERAL.—The Corporation shall carry out 

research and development, or offer to enter into 1 or more 

contracts with 1 or more qualified persons to carry out 

research and development, regarding a policy to insure 

the production of hops or revenue derived from the production of hops. 

‘‘(B) REPORT.—Not later than 1 year after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under subparagraph (A); and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(13) SUBSURFACE IRRIGATION PRACTICES.— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4931 

‘‘(A) IN GENERAL.—The Corporation shall carry out 

research and development, or offer to enter into 1 or more 

contracts with 1 or more qualified persons to carry out 

research and development, regarding the creation of a separate practice for subsurface irrigation, including the 

establishment of a separate transitional yield within a 

county that is reflective of the average gain in productivity 

and yield associated with the installation of a subsurface 

irrigation system. 

‘‘(B) REPORT.—Not later than 18 months after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under subparagraph (A); and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(14) GRAIN SORGHUM.— 

‘‘(A) IN GENERAL.—The Corporation shall carry out 

research and development, or offer to enter into 1 or more 

contracts with 1 or more qualified persons to carry out 

research and development— 

‘‘(i) regarding improvements to 1 or more policies 

to insure irrigated grain sorghum; 

‘‘(ii) regarding alternative methods for producers 

with not more than 4 years of production history to 

insure irrigated grain sorghum; and 

‘‘(iii) to assess, by county, the difference in the 

rate, average yield, and coverage level of grain sorghum 

policies compared to policies for other feed grains in 

that county. 

‘‘(B) REPORT.—Not later than 18 months after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under subparagraph (A); and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(15) LIMITED IRRIGATION PRACTICES.— 

‘‘(A) AUTHORITY.—The Corporation shall— 

‘‘(i) consider expanding the availability of the limited irrigation insurance program to neighboring and 

similarly situated States (such as the States of Colorado and Nebraska), as determined by the Secretary; 

‘‘(ii) carry out research, or offer to enter into 1 

or more contracts with 1 or more qualified persons 

to carry out research, on the marketability of the 

existing limited irrigation insurance program; and 

‘‘(iii) make recommendations on how to improve 

participation in that program. 

‘‘(B) RESEARCH.—In carrying out research under 

subparagraph (A), a qualified person shall— 


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132 STAT. 4932 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(i) collaborate with researchers on the subjects 

of— 

‘‘(I) reduced irrigation practices or limited 

irrigation practices; and 

‘‘(II) expected yield reductions following the 

application of reduced irrigation; 

‘‘(ii) collaborate with State and Federal officials 

responsible for the collection of water and the regulation of water use for the purpose of irrigation; 

‘‘(iii) provide recommendations to encourage producers to carry out limited irrigation practices or 

reduced irrigation and water conservation practices; 

and 

‘‘(iv) develop web-based applications that will 

streamline access to coverage for producers electing 

to conserve water use on irrigated crops. 

‘‘(C) REPORT.—Not later than 18 months after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research carried out under 

subparagraphs (A) and (B); 

‘‘(ii) any recommendations to encourage producers 

to carry out limited irrigation practices or reduced 

irrigation and water conservation practices; and 

‘‘(iii) the actions taken by the Corporation to carry 

out the recommendations described in clause (ii). 

‘‘(16) INSURABLE IRRIGATION PRACTICES FOR RICE.— 

‘‘(A) IN GENERAL.—The Corporation shall carry out 

research and development, or offer to enter into 1 or more 

contracts with 1 or more qualified persons to carry out 

research and development, to include new and innovative 

irrigation practices under the current rice policy or the 

development of a distinct policy endorsement rated for rice 

produced using— 

‘‘(i) alternate wetting and drying practices (also 

referred to as ‘intermittent flooding’); and 

‘‘(ii) furrow irrigation practices. 

‘‘(B) REPORT.—Not later than 18 months after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under paragraph (1); and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(17) GREENHOUSE POLICY.— 

‘‘(A) IN GENERAL.— 

‘‘(i) RESEARCH AND DEVELOPMENT.—The Corporation shall carry out research and development, or offer 

to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4933 

regarding a policy to insure in a controlled environment 

such as a greenhouse— 

‘‘(I) the production of floriculture, nursery, and 

bedding plants; 

‘‘(II) the establishment of cuttings or tissue 

culture in a growing medium; or 

‘‘(III) other similar production, as determined 

by the Secretary. 

‘‘(ii) AVAILABILITY OF POLICY.—Notwithstanding 

the last sentence of section 508(a)(1), and section 

508(a)(2), the Corporation shall make a policy described 

in clause (i) available if the requirements of section 

508(h) are met. 

‘‘(B) RESEARCH AND DEVELOPMENT DESCRIBED.— 

Research and development described in subparagraph (A)(i) 

shall evaluate the effectiveness of policies for the production 

of plants in a controlled environment, including policies 

that— 

‘‘(i) are based on the risk of— 

‘‘(I) plant diseases introduced from the 

environment; 

‘‘(II) contaminated cuttings, seedlings, or 

tissue culture; or 

‘‘(III) Federal or State quarantine or destruction orders associated with the contaminated items 

described in subclause (II); 

‘‘(ii) consider other causes of loss applicable to 

a controlled environment, such as a loss of electricity 

due to weather; 

‘‘(iii) consider appropriate best practices to minimize the risk of loss; 

‘‘(iv) consider whether to provide coverage for various types of plants under 1 policy or to provide coverage for 1 species or type of plant per policy; 

‘‘(v) have streamlined reporting and paperwork 

requirements that take into account short propagation 

schedules, variable crop years, and the variety of plants 

that may be produced in a single facility; and 

‘‘(vi) provide protection for revenue losses. 

‘‘(C) REPORT.—Not later than 2 years after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that describes— 

‘‘(i) the results of the research and development 

carried out under subparagraphs (A)(i) and (B); and 

‘‘(ii) any recommendations with respect to those 

results. 

‘‘(18) LOCAL FOODS.— 

‘‘(A) IN GENERAL.— 

‘‘(i) FEASIBILITY STUDY.—The Corporation shall 

carry out a study to determine the feasibility of, or 

offer to enter into 1 or more contracts with 1 or more 

qualified persons to carry out a study to determine 

the feasibility of, a policy to insure production— 


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132 STAT. 4934 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(I) of floriculture, fruits, vegetables, poultry, 

livestock, or the products of floriculture, fruits, 

vegetables, poultry, or livestock; and 

‘‘(II) that is targeted toward local consumers 

and markets. 

‘‘(ii) AVAILABILITY OF POLICY.—Notwithstanding 

the last sentence of section 508(a)(1), and section 

508(a)(2), the Corporation shall make available a policy 

described in clause (i) if— 

‘‘(I) the results of the feasibility study under 

clause (i) are viable; and 

‘‘(II) the requirements of section 508(h) are 

met. 

‘‘(B) FEASIBILITY STUDY DESCRIBED.—The feasibility 

study described in subparagraph (A)(i) shall evaluate the 

effectiveness of policies for production targeted toward local 

consumers and markets, including policies that— 

‘‘(i) consider small-scale production in various 

areas, including urban, suburban, and rural areas; 

‘‘(ii) consider a variety of marketing strategies; 

‘‘(iii) allow for production in soil and in alternative 

systems such as vertical systems, greenhouses, rooftops, or hydroponic systems; 

‘‘(iv) consider the price premium when accounting 

for production or revenue losses; 

‘‘(v) consider whether to provide coverage— 

‘‘(I) for various types of production under 1 

policy; and 

‘‘(II) for 1 species or type of plant per policy; 

and 

‘‘(vi) have streamlined reporting and paperwork 

requirements. 

‘‘(C) REPORT.—Not later than 2 years after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that— 

‘‘(i) examines whether a version of existing policies 

such as the whole-farm revenue protection insurance 

plan may be tailored to provide improved coverage 

for producers of local foods; 

‘‘(ii) describes the results of the feasibility study 

carried out under subparagraph (A)(i); and 

‘‘(iii) includes any recommendations with respect 

to those results. 

‘‘(19) HIGH-RISK, HIGHLY PRODUCTIVE BATTURE LAND

POLICY.— 

‘‘(A) IN GENERAL.— 

‘‘(i) RESEARCH AND DEVELOPMENT.—The Corporation shall carry out research and development, or offer 

to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, 

regarding a policy to insure producers of corn, cotton, 

and soybeans— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4935 

‘‘(I) with operations on highly productive 

batture land within the Lower Mississippi River 

Valley; 

‘‘(II) that have a history of production of not 

less than 5 years; and 

‘‘(III) that have been impacted by more frequent flooding over the past 10 years due to sedimentation or federally constructed engineering 

improvements. 

‘‘(ii) AVAILABILITY OF POLICY.—Notwithstanding 

the last sentence of section 508(a)(1), and section 

508(a)(2), the Corporation shall make a policy described 

in clause (i) available if the requirements of section 

508(h) are met. 

‘‘(B) RESEARCH AND DEVELOPMENT DESCRIBED.— Research and development described in subparagraph (A)(i) 

shall evaluate the feasibility of less cost-prohibitive policies 

for batture-land producers in high risk areas, including 

policies that— 

‘‘(i) consider premium rate adjustments; 

‘‘(ii) consider automatic yield exclusion for consecutive-year losses; and 

‘‘(iii) allow for flexibility of final plant dates and 

prevent plant regulations. 

‘‘(C) REPORT.—Not later than 2 years after the date 

of enactment of the Agriculture Improvement Act of 2018, 

the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a 

report that— 

‘‘(i) examines whether a version of existing policies 

may be tailored to provide improved coverage for 

batture-land producers; 

‘‘(ii) describes the results of the research and 

development carried out under subparagraphs (A) and 

(B); and 

‘‘(iii) includes any recommendations with respect 

to those results.’’. 

SEC. 11123. FUNDING FOR RESEARCH AND DEVELOPMENT. 

Section 522(e)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 

1522(e)(2)(A)) is amended— 

(1) by striking ‘‘not more than $12,500,000 for fiscal year 

2008 and each subsequent fiscal year.’’ and inserting the following: ‘‘not more than— 

‘‘(i) $12,500,000 for each of fiscal years 2008 

through 2018; and’’; and 

(2) by adding at the end the following: 

‘‘(ii) $8,000,000 for fiscal year 2019 and each fiscal 

year thereafter.’’. 

SEC. 11124. TECHNICAL AMENDMENT TO PILOT PROGRAMS. 

Section 523(i)(3)(A) of the Federal Crop Insurance Act (7 U.S.C. 

1523(i)(3)(A)) is amended by adding a period at the end. 

SEC. 11125. EDUCATION AND RISK MANAGEMENT ASSISTANCE. 

(a) EDUCATION ASSISTANCE.—Section 524(a) of the Federal Crop 

Insurance Act (7 U.S.C. 1524(a)) is amended— 


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132 STAT. 4936 PUBLIC LAW 115–334—DEC. 20, 2018 

(1) in paragraph (1)— 

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

striking ‘‘paragraph (5)’’ and all that follows through ‘‘the 

Secretary’’ in subparagraph (B) and inserting ‘‘paragraph 

(4), the Secretary’’; and 

(B) by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (2)’’; 

(2) by striking paragraph (2); 

(3) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; 

(4) in paragraph (2) (as so redesignated), in subparagraph 

(A)— 

(A) by striking ‘‘about the full range of’’ and inserting 

‘‘and providing technical assistance to agricultural producers on a full range of farm viability and’’; 

(B) by inserting ‘‘business planning, enterprise analysis, transfer and succession planning, management 

coaching, market assessment, cash flow analysis,’’ after 

‘‘insurance,’’; and 

(C) by inserting ‘‘conservation activities,’’ after 

‘‘benchmarking,’’; 

(5) in paragraph (3) (as so redesignated)— 

(A) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘programs established under paragraphs (2) and (3)’’ and inserting ‘‘program established 

under paragraph (2)’’; 

(ii) by inserting ‘‘farm viability and’’ after 

‘‘emphasis on’’; and 

(iii) by inserting ‘‘, business planning and technical 

assistance, market assessment, transfer and succession 

planning, and crop insurance participation’’ after 

‘‘benchmarking’’; 

(B) in subparagraph (D)(i), by striking ‘‘and’’ at the 

end; and 

(C) by striking subparagraph (E) and inserting the 

following: 

‘‘(iii) are converting production and marketing systems to pursue new markets; and 

‘‘(E) producers that are underserved by the Federal 

crop insurance program established under this subtitle, 

as determined by the Corporation.’’; and 

(6) in paragraph (4) (as so redesignated)— 

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

striking ‘‘transferred’’ and all that follows through ‘‘for 

the partnerships’’ in subparagraph (B) and inserting ‘‘transferred for the partnerships’’; 

(B) by striking ‘‘paragraph (3), $5,000,000 for fiscal 

year 2001’’ and inserting ‘‘paragraph (2), $10,000,000 for 

fiscal year 2019’’; and 

(C) by striking the period at the end and inserting 

‘‘, of which not less than $5,000,000 shall be used to carry 

out paragraph (3)(E).’’. 

(b) CONFORMING AMENDMENTS.—Section 251(f)(1)(D)(ii) of the 

Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 

6971(f)(1)(D)(ii)) is amended— 

(1) by striking ‘‘section 524(a)(3)’’ and inserting ‘‘section 

524(a)’’; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4937 

(2) by striking ‘‘(7 U.S.C. 1524(a)(3))’’ and inserting ‘‘(7 

U.S.C. 1524(a))’’. 

SEC. 11126. REPEAL OF CROPLAND REPORT ANNUAL UPDATES. 

Section 11014 of the Agricultural Act of 2014 (Public Law 

113–79; 128 Stat. 963) is amended by striking subsection (c). 

TITLE XII—MISCELLANEOUS 

Subtitle A—Livestock 

SEC. 12101. ANIMAL DISEASE PREVENTION AND MANAGEMENT. 

(a) DEFINITION.—Section 10403 of the Animal Health Protection 

Act (7 U.S.C. 8302) is amended by adding at the end the following: 

‘‘(18) VETERINARY COUNTERMEASURE.—The term ‘veterinary 

countermeasure’ means any biological product (including an 

animal vaccine or diagnostic), pharmaceutical product 

(including a therapeutic), non-pharmaceutical product 

(including a disinfectant), or other product or equipment to 

prevent, detect, respond to, or mitigate harm to public or animal 

health resulting from, animal pests or diseases.’’. 

(b) ANIMAL DISEASE PREPAREDNESS AND RESPONSE.—Section 

10409A of the Animal Health Protection Act (7 U.S.C. 8308A) 

is amended— 

(1) by striking the section heading and inserting ‘‘ANIMAL

DISEASE PREVENTION AND MANAGEMENT’’; 

(2) in subsection (a), by striking ‘‘(a) DEFINITION OF

ELIGIBLE LABORATORY.—In this section,’’ and inserting the following: 

‘‘(a) NATIONAL ANIMAL HEALTH LABORATORY NETWORK.— 

‘‘(1) DEFINITION OF ELIGIBLE LABORATORY.—In this subsection,’’; 

(3) in subsection (b)— 

(A) in paragraph (2), by redesignating subparagraphs 

(A) through (E) as clauses (i) through (v), respectively, 

and moving the margins of such clauses (as so redesignated) 2 ems to the right; 

(B) by redesignating paragraphs (1) through (3) as 

subparagraphs (A) through (C), respectively, and moving 

the margins of such subparagraphs (as so redesignated) 

2 ems to the right; 

(4) by redesignating subsections (b) and (c) as paragraphs 

(2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) 2 ems to the right; and 

(5) by adding at the end the following: 

‘‘(b) NATIONAL ANIMAL DISEASE PREPAREDNESS AND RESPONSE

PROGRAM.— 

‘‘(1) PROGRAM REQUIRED.—The Secretary shall establish a 

program, to be known as the National Animal Disease 

Preparedness and Response Program (referred to in this section 

as ‘the Program’), to address the increasing risk of the introduction and spread within the United States of animal pests and 

diseases affecting the economic interests of the livestock and 

related industries of the United States, including the maintenance and expansion of export markets. 


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132 STAT. 4938 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(2) PROGRAM ACTIVITIES.—Activities under the Program 

shall include, to the extent practicable, the following: 

‘‘(A) Enhancing animal pest and disease analysis and 

surveillance. 

‘‘(B) Expanding outreach and education. 

‘‘(C) Targeting domestic inspection activities at vulnerable points in the safeguarding continuum. 

‘‘(D) Enhancing and strengthening threat identification 

technology. 

‘‘(E) Improving biosecurity. 

‘‘(F) Enhancing emergency preparedness and response 

capabilities, including training additional emergency 

response personnel. 

‘‘(G) Conducting technology development to enhance 

electronic sharing of animal health data for risk analysis 

between State and Federal animal health officials. 

‘‘(H) Enhancing the development and effectiveness of 

animal health technologies to treat and prevent animal 

disease, including— 

‘‘(i) veterinary biologics and diagnostics; 

‘‘(ii) animal drugs for minor uses and minor species; 

‘‘(iii) animal medical devices; and 

‘‘(iv) emerging veterinary countermeasures. 

‘‘(I) Such other activities as determined appropriate 

by the Secretary, in consultation with eligible entities specified in paragraph (3). 

‘‘(3) ELIGIBLE ENTITIES.—To carry out the Program, the 

Secretary shall offer to enter into cooperative agreements or 

other legal instruments, as authorized under section 10413 

(referred to in this section as ‘agreements’) with eligible entities, 

to be selected by the Secretary, which may include any of 

the following entities, either individually or in combination: 

‘‘(A) A State department of agriculture. 

‘‘(B) The office of the chief animal health official of 

a State. 

‘‘(C) An entity eligible to receive funds under a capacity 

and infrastructure program (as defined in section 

251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C))). 

‘‘(D) A college of veterinary medicine, including a veterinary emergency team at such college. 

‘‘(E) A State or national livestock producer organization 

with direct and significant economic interest in livestock 

production. 

‘‘(F) A State emergency agency. 

‘‘(G) A State, national, allied, or regional veterinary 

organization or specialty board recognized by the American 

Veterinary Medical Association. 

‘‘(H) An Indian Tribe. 

‘‘(I) A Federal agency. 

‘‘(4) SPECIAL FUNDING CONSIDERATIONS.—In entering into 

agreements under this subsection, the Secretary shall give priority to applications submitted by— 

‘‘(A) a State department of agriculture or an office 

of the chief animal health official of a State; or 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4939 

‘‘(B) an eligible entity that will carry out program 

activities in a State or region in which— 

‘‘(i) an animal pest or disease is a Federal concern; 

or 

‘‘(ii) the Secretary determines a potential exists 

for the spread of an animal pest or disease after taking 

into consideration— 

‘‘(I) the agricultural industries in the State 

or region; 

‘‘(II) factors contributing to animal pest or disease in the State or region, such as the climate, 

natural resources, and geography of, and native 

and exotic wildlife species and other disease vectors in, the State or region; and 

‘‘(III) the movement of animals in the State 

or region. 

‘‘(5) CONSULTATION.—For purposes of setting priorities 

under this subsection, the Secretary shall consult with eligible 

entities specified in paragraph (3). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultation carried out under this paragraph. 

‘‘(6) APPLICATION.— 

‘‘(A) IN GENERAL.—An eligible entity specified in paragraph (3) seeking to enter into an agreement under the 

Program shall submit to the Secretary an application containing such information as the Secretary may require. 

‘‘(B) NOTIFICATION.—The Secretary shall notify each 

applicant of— 

‘‘(i) the requirements to be imposed on the eligible 

entity that is the recipient of funds under the Program 

for auditing of, and reporting on, the use of such funds; 

and 

‘‘(ii) the criteria to be used to ensure activities 

supported using such funds are based on sound scientific data or thorough risk assessments. 

‘‘(C) NON-FEDERAL CONTRIBUTIONS.—When deciding 

whether to enter into an agreement under the Program 

with an eligible entity described in paragraph (3), the Secretary— 

‘‘(i) may take into consideration an eligible entity’s 

ability to contribute non-Federal funds to carry out 

such an agreement; and 

‘‘(ii) shall not require such an eligible entity to 

make such a contribution as a condition to enter into 

an agreement. 

‘‘(7) USE OF FUNDS.— 

‘‘(A) USE CONSISTENT WITH TERMS OF COOPERATIVE

AGREEMENT.—The recipient of funds under the Program 

shall use the funds for the purposes and in the manner 

provided in the agreement under which the funds are provided. 

‘‘(B) SUB-AGREEMENT.—Nothing in this section prevents an eligible entity from using funds received under 

the Program to enter into sub-agreements with another 

eligible entity or with a political subdivision of a State 

that has legal responsibilities relating to animal disease 

prevention, surveillance, or rapid response. 


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132 STAT. 4940 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(8) REPORTING REQUIREMENT.—Not later than 90 days 

after the date of completion of an activity conducted using 

funds provided under the Program, the recipient of such funds 

shall submit to the Secretary a report that describes the purposes and results of the activities.’’. 

(c) NATIONAL ANIMAL VACCINE AND VETERINARY COUNTER- MEASURES BANK.—Section 10409A of the Animal Health Protection 

Act (7 U.S.C. 8308A), as amended by subsection (b), is further 

amended by inserting after subsection (b) (as added by subsection 

(b)(5) of this section) the following: 

‘‘(c) NATIONAL ANIMAL VACCINE BANK.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 

national animal vaccine and veterinary countermeasures bank 

(to be known as the National Animal Vaccine and Veterinary 

Countermeasures Bank and referred to in this subsection as 

the ‘Vaccine Bank’) to benefit the domestic interests of the 

United States. 

‘‘(2) ELEMENTS OF VACCINE BANK.—Through the Vaccine 

Bank, the Secretary shall— 

‘‘(A) maintain sufficient quantities of veterinary 

countermeasures to appropriately and rapidly respond to 

the most damaging animal diseases affecting or with potential to affect human health or the economy of the United 

States; and 

‘‘(B) leverage, when appropriate, the mechanisms and 

infrastructure that have been developed for the management, storage, and distribution of the National Veterinary 

Stockpile. 

‘‘(3) PRIORITY FOR RESPONSE TO FOOT AND MOUTH DISEASE.—The Secretary shall prioritize the acquisition and 

maintenance of sufficient quantities of foot and mouth disease 

vaccine and accompanying diagnostic products for the Vaccine 

Bank. As part of such prioritization, the Secretary may offer 

to enter into one or more contracts with one or more entities 

that are capable of producing foot and mouth disease vaccine 

and that have surge production capacity of the vaccine.’’. 

(d) FUNDING.—Section 10409A of the Animal Health Protection 

Act (7 U.S.C. 8308A), as amended by subsections (b) and (c), is 

further amended by striking subsection (d) and inserting the following: 

‘‘(d) FUNDING.— 

‘‘(1) MANDATORY FUNDING.— 

‘‘(A) FISCAL YEARS 2019 THROUGH 2022.—Of the funds 

of the Commodity Credit Corporation, the Secretary shall 

make available to carry out this section $120,000,000 for 

the period of fiscal years 2019 through 2022, of which 

not less than $5,000,000 shall be made available for each 

of those fiscal years to carry out subsection (b). 

‘‘(B) SUBSEQUENT FISCAL YEARS.—Of the funds of the 

Commodity Credit Corporation, the Secretary shall make 

available to carry out this section $30,000,000 for fiscal 

year 2023 and each fiscal year thereafter, of which not 

less than $18,000,000 shall be made available for each 

of those fiscal years to carry out subsection (b). 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) NATIONAL ANIMAL HEALTH LABORATORY NET- WORK.—In addition to the funds made available under 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4941 

paragraph (1), there is authorized to be appropriated 

$30,000,000 for each of fiscal years 2019 through 2023 

to carry out subsection (a). 

‘‘(B) NATIONAL ANIMAL DISEASE PREPAREDNESS AND

RESPONSE PROGRAM; NATIONAL ANIMAL VACCINE AND VETERINARY COUNTERMEASURES BANK.—In addition to the 

funds made available under paragraph (1), there is authorized to be appropriated such sums as are necessary for 

each of fiscal years 2019 through 2023 to carry out subsections (b) and (c). 

‘‘(C) ADDITIONALITY.—The funds authorized for appropriation under this paragraph are in addition to any funds 

authorized or otherwise made available under this section 

or section 10417. 

‘‘(3) ADMINISTRATIVE COSTS.— 

‘‘(A) SECRETARY.—Of the funds made available under 

this section or section 10417 to carry out the National 

Animal Health Laboratory Network under subsection (a) 

and the National Animal Disease Preparedness and 

Response Program under subsection (b), not more than 

4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary. 

‘‘(B) ELIGIBLE ENTITIES.—Of the funds made available 

under this section or section 10417 to carry out the National 

Animal Disease Preparedness and Response Program under 

subsection (b), not more than 10 percent may be retained 

by an eligible entity that receives funds under any agreement entered into under such subsection, including any 

sub-agreement under paragraph (7)(B) of such subsection 

to pay administrative costs incurred by the eligible entity 

to carry out activities under the Program. 

‘‘(4) DURATION OF AVAILABILITY.—Funds made available 

under this subsection, including any proceeds credited under 

paragraph (5), shall remain available until expended. 

‘‘(5) PROCEEDS FROM VETERINARY COUNTERMEASURES

SALES.—Any proceeds of a sale of veterinary countermeasures 

from the Vaccine Bank shall be— 

‘‘(A) deposited into the Treasury of the United States; 

and 

‘‘(B) credited to the account for the operation of the 

Vaccine Bank to be made available for expenditure without 

further appropriation. 

‘‘(6) LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.—Funds made available under the National Animal 

Health Laboratory Network, the National Animal Disease 

Preparedness and Response Program, and the Vaccine Bank 

shall not be used for the construction of a new building or 

facility or the acquisition or expansion of an existing building 

or facility, including site grading and improvement and 

architect fees. 

‘‘(e) AVAILABILITY AND PURPOSE OF FUNDING.— 

‘‘(1) IN GENERAL.—Using the funds made available under 

subsection (d), the Secretary of Agriculture shall offer to enter 

into contracts, grants, cooperative agreements, or other legal 

instruments under subsections (a) through (c) during each of 

the fiscal years 2019 through 2023. 


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132 STAT. 4942 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(2) EFFECT.—Nothing in paragraph (1) shall be construed 

to terminate a contract, grant, cooperative agreement, or other 

legal instrument entered into during the period specified in 

such paragraph.’’. 

SEC. 12102. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM. 

Section 209(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627a(c)) is amended by striking ‘‘$1,500,000 for fiscal year 

2014’’ and inserting ‘‘$2,000,000 for fiscal year 2019’’. 

SEC. 12103. FEASIBILITY STUDY ON LIVESTOCK DEALER STATUTORY 

TRUST. 

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of establishing a livestock dealer statutory 

trust. 

(b) CONTENTS.—The study conducted under subsection (a) 

shall— 

(1) analyze how the establishment of a livestock dealer 

statutory trust would affect buyer and seller behavior in markets for livestock (as defined in section 2(a) of the Packers 

and Stockyards Act, 1921 (7 U.S.C. 182)); 

(2) examine how the establishment of a livestock dealer 

statutory trust would affect seller recovery in the event of 

a livestock dealer payment default; 

(3) consider what potential effects a livestock dealer statutory trust would have on credit availability, including impacts 

on lenders and lending behavior and other industry participants; 

(4) examine unique circumstances common to livestock 

dealers and how those circumstances could impact the 

functionality of a livestock dealer statutory trust; 

(5) study the feasibility of the industry-wide adoption of 

electronic funds transfer or another expeditious method of payment to provide sellers of livestock protection from nonsufficient 

funds payments; 

(6) assess the effectiveness of statutory trusts in other 

segments of agriculture, whether similar effects could be experienced under a livestock dealer statutory trust, and whether 

authorizing the Secretary to appoint an independent trustee 

under the livestock dealer statutory trust would improve seller 

recovery; 

(7) consider the effects of exempting dealers with average 

annual purchases under a de minimis threshold from being 

subject to the livestock dealer statutory trust; and 

(8) analyze how the establishment of a livestock dealer 

statutory trust would affect the treatment of sellers of livestock 

as it relates to preferential transfer in bankruptcy. 

(c) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on 

Agriculture, Nutrition, and Forestry of the Senate a report 

describing the findings of the study conducted under subsection 

(a). 

SEC. 12104. DEFINITION OF LIVESTOCK. 

Section 602(2) of the Emergency Livestock Feed Assistance 

Act of 1988 (7 U.S.C. 1471(2)) is amended in the matter preceding 

subparagraph (A) by striking ‘‘fish’’ and all that follows through 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4943 

‘‘that—’’ and inserting ‘‘llamas, alpacas, live fish, crawfish, and 

other animals that—’’. 

SEC. 12105. NATIONAL AQUATIC ANIMAL HEALTH PLAN. 

Section 11013 of the Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 8322) is amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsection (e) as subsection (d). 

SEC. 12106. VETERINARY TRAINING. 

Section 10504 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 8318) is amended— 

(1) by inserting ‘‘and veterinary teams, including those 

based at colleges of veterinary medicine,’’ after ‘‘veterinarians’’; 

and 

(2) by inserting before the period at the end the following: 

‘‘and who are capable of providing effective services before, 

during, and after emergencies’’. 

SEC. 12107. REPORT ON FSIS GUIDANCE AND OUTREACH TO SMALL 

MEAT PROCESSORS. 

(a) IN GENERAL.—The Secretary shall offer to enter into a 

contract with a land-grant college or university or a non-landgrant college of agriculture (as those terms are defined in section 

1404 of the National Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 3101)) to review the effectiveness of existing Food Safety and Inspection Service guidance materials and other tools used by small and very small establishments, 

as defined by regulations issued by the Food Safety and Inspection 

Service, operating under Federal inspection, as in effect on the 

date of enactment of this Act, including— 

(1) the effectiveness of the outreach conducted by the Food 

Safety and Inspection Service to small and very small establishments; 

(2) the effectiveness of the guidance materials and other 

tools used by the Food Safety and Inspection Service to assist 

small and very small establishments; and 

(3) the responsiveness of Food Safety and Inspection Service 

personnel to inquiries and issues from small and very small 

establishments. 

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and the Committee 

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

that describes— 

(1) the results of the review conducted under subsection 

(a); and 

(2) recommendations on measures the Food Safety and 

Inspection Service should take to improve regulatory clarity 

and consistency and ensure all guidance materials and other 

tools take into account small and very small establishments. 

SEC. 12108. REGIONAL CATTLE AND CARCASS GRADING CORRELATION 

AND TRAINING CENTERS. 

(a) IN GENERAL.—The Secretary shall establish not more than 

3 regional centers, to be known as Cattle and Carcass Grading 

Correlation and Training Centers (referred to in this section as 

the ‘‘Centers’’), to provide education and training for cattle and 

7 USC 1622 note. 


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132 STAT. 4944 PUBLIC LAW 115–334—DEC. 20, 2018 

carcass beef graders of the Agricultural Marketing Service, cattle 

producers, and other professionals involved in the reporting, 

delivery, and grading of feeder cattle, live cattle, and carcasses— 

(1) to limit the subjectivity in the application of beef grading 

standards; 

(2) to provide producers with greater confidence in the 

price of the producers’ cattle; and 

(3) to provide investors with both long and short positions 

more assurance in the cattle delivery system. 

(b) LOCATION.—The Centers shall be located near cattle feeding 

and slaughter populations and areas shall be strategically identified 

in order to capture regional variances in cattle production. 

(c) ADMINISTRATION.—Each Center shall be organized and 

administered by offices of the Department of Agriculture in operation on the date on which the respective Center is established, 

or in coordination with other appropriate Federal agencies or academic institutions. 

(d) TRAINING PROGRAM.—The Centers shall offer intensive 

instructional programs involving classroom and field training work 

for individuals described in subsection (a). 

(e) COORDINATION OF RESOURCES.—Each Center, in carrying 

out the functions of the Center, shall make use of information 

generated by the Department of Agriculture, the State agricultural 

extension and research stations, relevant designated contract markets, and the practical experience of area cattle producers, especially 

cattle producers cooperating in on-farm demonstrations, correlations, and research projects. 

(f) PROHIBITION ON CONSTRUCTION.—Funds made available to 

carry out this section shall not be used for the construction of 

a new building or facility or the acquisition, expansion, remodeling, 

or alteration of an existing building or facility (including site 

grading and improvement, and architect fees). Notwithstanding the 

preceding sentence, the Secretary may use funds made available 

to carry out this section to provide a Center with payment for 

the cost of the rental of a space determined to be necessary by 

the Center for conducting training under this section and may 

accept donations (including in-kind contributions) to cover such 

cost. 

Subtitle B—Agriculture and Food Defense 

SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY. 

Section 14111 of the Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 8911) is repealed. 

SEC. 12202. OFFICE OF HOMELAND SECURITY. 

Subtitle A of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 6911 et seq.) is amended by adding at 

the end the following: 

‘‘SEC. 221. OFFICE OF HOMELAND SECURITY. 

‘‘(a) DEFINITION OF AGRICULTURE AND FOOD DEFENSE.—In this 

section, the term ‘agriculture and food defense’ means any action 

to prevent, protect against, mitigate the effects of, respond to, 

or recover from a naturally occurring, unintentional, or intentional 

threat to the agriculture and food system. 

7 USC 6922. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4945 

‘‘(b) AUTHORIZATION.—The Secretary shall establish in the 

Department the Office of Homeland Security. 

‘‘(c) EXECUTIVE DIRECTOR.—The Office of Homeland Security 

shall be headed by an Executive Director, who shall be known 

as the Executive Director of Homeland Security. 

‘‘(d) DUTIES.—The Executive Director of Homeland Security 

shall— 

‘‘(1) serve as the principal advisor to the Secretary on 

homeland security, including emergency management and agriculture and food defense; 

‘‘(2) coordinate activities of the Department, including policies, processes, budget needs, and oversight relating to homeland security, including emergency management and agriculture and food defense; 

‘‘(3) act as the primary liaison on behalf of the Department 

with other Federal departments and agencies in activities 

relating to homeland security, including emergency management and agriculture and food defense, and provide for interagency coordination and data sharing; 

‘‘(4)(A) coordinate in the Department the gathering of 

information relevant to early warning and awareness of threats 

and risks to the food and agriculture critical infrastructure 

sector; and 

‘‘(B) share that information with, and provide assistance 

with interpretation and risk characterization of that information to, the intelligence community (as defined in section 3 

of the National Security Act of 1947 (50 U.S.C. 3003)), law 

enforcement agencies, the Secretary of Defense, the Secretary 

of Homeland Security, the Secretary of Health and Human 

Services, and State fusion centers (as defined in section 210A(j) 

of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)); 

‘‘(5) liaise with the Director of National Intelligence to 

assist in the development of periodic assessments and intelligence estimates, or other intelligence products, that support 

the defense of the food and agriculture critical infrastructure 

sector; 

‘‘(6) coordinate the conduct, evaluation, and improvement 

of exercises to identify and eliminate gaps in preparedness 

and response; 

‘‘(7) produce a Department-wide centralized strategic 

coordination plan to provide a high-level perspective of the 

operations of the Department relating to homeland security, 

including emergency management and agriculture and food 

defense; and 

‘‘(8) carry out other appropriate duties, as determined by 

the Secretary. 

‘‘(e) AGRICULTURE AND FOOD THREAT AWARENESS PARTNERSHIP

PROGRAM.— 

‘‘(1) INTERAGENCY EXCHANGE PROGRAM.—The Secretary, in 

partnership with the intelligence community (as defined in 

section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) 

and fusion centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)) that have analysis 

and intelligence capabilities relating to the defense of the food 

and agriculture critical infrastructure sector, shall establish 

and carry out an interagency exchange program of personnel 

and information to improve communication and analysis for 


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132 STAT. 4946 PUBLIC LAW 115–334—DEC. 20, 2018 

the defense of the food and agriculture critical infrastructure 

sector. 

‘‘(2) COLLABORATION WITH FEDERAL, STATE, AND LOCAL

AUTHORITIES.—To carry out the program established under 

paragraph (1), the Secretary may— 

‘‘(A) enter into 1 or more cooperative agreements or 

contracts with Federal, State, or local authorities that have 

analysis and intelligence capabilities and expertise relating 

to the defense of the food and agriculture critical infrastructure sector; and 

‘‘(B) carry out any other activity under any other 

authority of the Secretary that is appropriate to engage 

the authorities described in subparagraph (A) for the 

defense of the food and agriculture critical infrastructure 

sector, as determined by the Secretary.’’. 

SEC. 12203. AGRICULTURE AND FOOD DEFENSE. 

(a) DEFINITIONS.—In this section: 

(1) ANIMAL.—The term ‘‘animal’’ has the meaning given 

the term in section 10403 of the Animal Health Protection 

Act (7 U.S.C. 8302). 

(2) DISEASE OR PEST OF CONCERN.—The term ‘‘disease or 

pest of concern’’ means a plant or animal disease or pest that— 

(A) is— 

(i) a transboundary disease; or 

(ii) an established disease; and 

(B) is likely to pose a significant risk to the food 

and agriculture critical infrastructure sector that warrants 

efforts at prevention, protection, mitigation, response, and 

recovery. 

(3) ESTABLISHED DISEASE.—The term ‘‘established disease’’ 

means a plant or animal disease or pest that— 

(A)(i) if it becomes established, poses an imminent 

threat to agriculture in the United States; or 

(ii) has become established, as defined by the Secretary, 

within the United States; and 

(B) requires management. 

(4) HIGH-CONSEQUENCE PLANT TRANSBOUNDARY DISEASE.— 

The term ‘‘high-consequence plant transboundary disease’’ 

means a transboundary disease that is— 

(A)(i) a plant disease; or 

(ii) a plant pest; and 

(B) of high consequence, as determined by the Secretary. 

(5) PEST.—The term ‘‘pest’’— 

(A) with respect to a plant, has the meaning given 

the term ‘‘plant pest’’ in section 403 of the Plant Protection 

Act (7 U.S.C. 7702); and 

(B) with respect to an animal, has the meaning given 

the term in section 10403 of the Animal Health Protection 

Act (7 U.S.C. 8302). 

(6) PLANT.—The term ‘‘plant’’ has the meaning given the 

term in section 403 of the Plant Protection Act (7 U.S.C. 7702). 

(7) PLANT HEALTH MANAGEMENT STRATEGY.—The term 

‘‘plant health management strategy’’ means a strategy to timely 

control and eradicate a plant disease or plant pest outbreak, 

7 USC 8914. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4947 

including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the 

use of existing resistant seed stock. 

(8) TRANSBOUNDARY DISEASE.— 

(A) IN GENERAL.—The term ‘‘transboundary disease’’ 

means a plant or animal disease or pest that is within 

1 or more countries outside of the United States. 

(B) INCLUSION.—The term ‘‘transboundary disease’’ 

includes a plant or animal disease or pest described in 

subparagraph (A) that— 

(i) has emerged within the United States; or 

(ii) has been introduced within the United States. 

(9) VETERINARY COUNTERMEASURE.—The term ‘‘veterinary 

countermeasure’’ has the meaning given such term in section 

10403 of the Animal Health Protection Act (7 U.S.C. 8302). 

(b) DISEASE OR PEST OF CONCERN RESPONSE PLANNING.— 

(1) IN GENERAL.—The Secretary shall— 

(A) establish a list of diseases or pests of concern 

by— 

(i) developing a process to solicit and receive expert 

opinion and evidence relating to the diseases or pests 

of concern entered on the list; and 

(ii) reviewing all available evidence relating to the 

diseases or pests of concern entered on the list, 

including classified information; and 

(B) periodically update the list established under 

subparagraph (A). 

(2) RESPONSE PLANS.— 

(A) COMPREHENSIVE STRATEGIC RESPONSE PLAN OR

PLANS.—The Secretary shall develop, in collaboration with 

appropriate Federal, State, regional, and local officials, a 

comprehensive strategic response plan or plans, as appropriate, for the diseases or pests of concern that are entered 

on the list established under paragraph (1). 

(B) STATE OR REGION RESPONSE PLAN OR PLANS.—The 

Secretary shall provide information to a State or region 

to assist in producing a response plan or plans that shall 

include a concept of operations for a disease or pest of 

concern or a platform concept of operations for responses 

to similar diseases or pests of concern that are determined 

to be a priority to the State or region that shall, as appropriate— 

(i) describe the appropriate interactions among, 

and roles of— 

(I) Federal, State, Tribal, and units of local 

government; and 

(II) plant or animal industry partners; 

(ii) include a decision matrix or dynamic decision 

modeling tools that, as appropriate, include— 

(I) information and timing requirements necessary for the use of veterinary countermeasures; 

(II) plant health management strategies; 

(III) deployment of other key materials and 

resources; and 

(IV) parameters for transitioning from outbreak response to disease management; 


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132 STAT. 4948 PUBLIC LAW 115–334—DEC. 20, 2018 

(iii) identify key response performance metrics to 

establish— 

(I) benchmarking to provide assessments of 

capabilities, capacity, and readiness to achieve 

response goals and objectives; 

(II) progressive exercise evaluation; and 

(III) continuing improvement of a response 

plan, including by providing for— 

(aa) ongoing exercises; 

(bb) improvement planning and the 

implementation of corrective actions to 

enhance a response plan over time; and 

(cc) strategic information to guide investment in any appropriate research to mitigate 

the risk of a disease or pest of concern; and 

(iv) be updated periodically, including in response 

to— 

(I) an exercise evaluation; or 

(II) new risk information becoming available 

regarding a disease or pest of concern. 

(3) COORDINATION OF PLANS.—Pursuant to section 221(d)(6) 

of the Department of Agriculture Reorganization Act of 1994, 

as added by section 12202, the Secretary shall, as appropriate, 

assist in coordinating with other appropriate Federal, State, 

regional, or local officials in the exercising of the plans developed under paragraph (2). 

(c) NATIONAL PLANT DIAGNOSTIC NETWORK.— 

(1) IN GENERAL.—The Secretary shall establish in the 

Department of Agriculture a National Plant Diagnostic Network 

to monitor and surveil through diagnostics threats to plant 

health from diseases or pests of concern in the United States. 

(2) REQUIREMENTS.—The National Plant Diagnostic Network established under paragraph (1) shall— 

(A) provide for increased awareness, surveillance, early 

identification, rapid communication, warning, and diagnosis of a threat to plant health from a disease or pest 

of concern to protect natural and agricultural plant 

resources; 

(B) coordinate and collaborate with agencies of the 

Department of Agriculture and State agencies and authorities involved in plant health; 

(C) establish diagnostic laboratory standards; 

(D) establish regional hubs throughout the United 

States that provide expertise, leadership, and support to 

diagnostic labs relating to the agricultural crops and plants 

in the covered regions of those hubs; and 

(E) establish a national repository for records of 

endemic or emergent diseases and pests of concern. 

(3) HEAD OF NETWORK.— 

(A) IN GENERAL.—The Director of the National 

Institute of Food and Agriculture shall serve as the head 

of the National Plant Diagnostic Network. 

(B) DUTIES.—The head of the National Plant Diagnostic Network shall— 

(i) coordinate and collaborate with land-grant colleges and universities (as defined in section 1404 of 

the National Agricultural Research, Extension, and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4949 

Teaching Policy Act of 1977 (7 U.S.C. 3103)) in carrying 

out the requirements under paragraph (2), including 

through cooperative agreements described in paragraph (4); 

(ii) partner with the Administrator of the Animal 

and Plant Health Inspection Service for assistance with 

plant health regulation and inspection; and 

(iii) coordinate with other Federal agencies, as 

appropriate, in carrying out activities relating to the 

National Plant Diagnostic Network, including the 

sharing of biosurveillance information. 

(4) COLLABORATION WITH LAND-GRANT COLLEGES AND

UNIVERSITIES.—The Secretary shall seek to establish cooperative agreements with land-grant colleges and universities (as 

defined in section 1404 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) 

that have the appropriate level of skill, experience, and competence with plant diseases or pests of concern. 

(5) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 

amount authorized to carry out this subtitle under section 

12205, there is authorized to be appropriated to carry out 

this subsection $15,000,000 for each of fiscal years 2019 through 

2023. 

(d) NATIONAL PLANT DISEASE RECOVERY SYSTEM.— 

(1) RECOVERY SYSTEM.—The Secretary shall establish in 

the Department of Agriculture a National Plant Disease 

Recovery System to engage in strategic long-range planning 

to recover from high-consequence plant transboundary diseases. 

(2) REQUIREMENTS.—The National Plant Disease Recovery 

System established under paragraph (1) shall— 

(A) coordinate with disease or pest of concern concept 

of operations response plans; 

(B) make long-range plans for the initiation of future 

research projects relating to high-consequence plant transboundary diseases; 

(C) establish research plans for long-term recovery; 

(D) plan for the identification and use of specific 

genotypes, cultivars, breeding lines, and other diseaseresistant materials necessary for crop stabilization or 

improvement; and 

(E) establish a watch list of high-consequence plant 

transboundary diseases for the purpose of making longrange plans under subparagraph (B). 

SEC. 12204. BIOLOGICAL AGENTS AND TOXINS LIST. 

Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended— 

(1) in subclause (III), by striking ‘‘and’’ at the end; 

(2) by redesignating subclause (IV) as subclause (V); and 

(3) by inserting after subclause (III) the following: 

‘‘(IV)(aa) whether such inclusion would have 

a substantial negative impact on the research and 

development of solutions for the animal or plant 

disease caused by the agent or toxin; and 

‘‘(bb) whether the negative impact described 

in item (aa) would substantially outweigh the risk 


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132 STAT. 4950 PUBLIC LAW 115–334—DEC. 20, 2018 

posed by the agent or toxin to animal or plant 

health if it is not included on the list; and’’. 

SEC. 12205. AUTHORIZATION OF APPROPRIATIONS. 

In addition to other amounts made available under this subtitle, 

there is authorized to be appropriated to carry out this subtitle 

$5,000,000 for each of fiscal years 2019 through 2023. 

Subtitle C—Historically Underserved 

Producers 

SEC. 12301. FARMING OPPORTUNITIES TRAINING AND OUTREACH. 

(a) REPEAL.— (1) IN GENERAL.—Section 7405 of the Farm Security and 

Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 226B(e)(2)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(e)(2)(B)) 

is amended by striking ‘‘the beginning farmer and rancher 

development program established under section 7405 of 

the Farm Security and Rural Investment Act of 2002 (7 

U.S.C. 3319f).’’ and inserting ‘‘the beginning farmer and 

rancher development grant program established under subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279).’’. 

(B) Section 251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) 

is amended by striking clause (iv) and inserting the following: 

‘‘(iv) The beginning farmer and rancher development grant program established under subsection (d) 

of section 2501 of the Food, Agriculture, Conservation, 

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

(C) Section 7506(e) of the Food, Conservation, and 

Energy Act of 2008 (7 U.S.C. 7614c(e)) is amended— 

(i) in paragraph (2)(C)— 

(I) by striking clause (v); 

(II) by redesignating clauses (i) through (iv) 

as clauses (ii) through (v), respectively; 

(III) by inserting before clause (ii) (as so 

redesignated) the following: 

‘‘(i) each grant and cooperative agreement awarded 

under subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

2279);’’; 

(IV) in clause (ii) (as so redesignated), by 

striking ‘‘450i(b)(2));’’ and inserting ‘‘3157(b)(2));’’; 

and 

(V) in clause (iv) (as so redesignated), by 

adding ‘‘and’’ at the end; and 

(ii) in paragraph (4)— 

(I) by striking subparagraph (E); 

(II) by redesignating subparagraphs (A) 

through (D) as subparagraphs (B) through (E), 

respectively; 


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(III) by inserting before subparagraph (B) (as 

so redesignated) the following: 

‘‘(A) subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

2279);’’; 

(IV) in subparagraph (B) (as so redesignated), 

by striking ‘‘450i(b));’’ and inserting ‘‘3157(b));’’; 

(V) in subparagraph (D) (as so redesignated), 

by adding ‘‘or’’ at the end; and 

(VI) in subparagraph (E) (as so redesignated), 

by striking ‘‘; or’’ and inserting a period. 

(b) OUTREACH AND EDUCATION FOR SOCIALLY DISADVANTAGED

FARMERS AND RANCHERS, VETERAN FARMERS AND RANCHERS, AND

BEGINNING FARMERS AND RANCHERS.—Section 2501 of the Food, 

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) 

is amended— 

(1) by striking the section heading and inserting ‘‘FARMING

OPPORTUNITIES TRAINING AND OUTREACH’’; 

(2) by redesignating subsection (i) as paragraph (5) (and 

moving the margins of such paragraph 2 ems to the right) 

and moving such paragraph (as so redesignated) so as to follow 

subsection (a)(4); 

(3) by redesignating subsections (a) (as amended by paragraph (2)), (b), (c), (d), (e), (g), and (h) as subsections (c), 

(g), (k), (h), (a), (i), and (j), respectively, and moving the subsections so as to appear in alphabetical order; 

(4) by moving paragraph (5) of subsection (a) (as so redesignated) so as to appear at the end of subsection (c) (as so 

redesignated) and redesignating such paragraph as paragraph 

(6); 

(5) in subsection (a) (as so redesignated)— 

(A) by striking the subsection designation and heading 

and inserting the following: 

‘‘(a) DEFINITIONS.—In this section:’’; 

(B) by redesignating paragraphs (1), (2), (3), (4), and 

(6) as paragraphs (6), (5), (1), (3), and (4), respectively, 

and moving the paragraphs so as to appear in numerical 

order; 

(C) in paragraphs (1), (5), and (6) (as so redesignated), 

by striking ‘‘As used in this section, the’’ each place it 

appears and inserting ‘‘The’’; 

(D) in paragraph (1) (as so redesignated)— 

(i) in the paragraph heading, by striking ‘‘AGRICULTURE’’ and inserting ‘‘AGRICULTURAL’’; and 

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

striking ‘‘agriculture’’ and inserting ‘‘agricultural’’; and 

(E) by inserting after paragraph (1) (as so redesignated) 

the following: 

‘‘(2) BEGINNING FARMER OR RANCHER.—The term ‘beginning 

farmer or rancher’ means a person that— 

‘‘(A)(i) has not operated a farm or ranch; or 

‘‘(ii) has operated a farm or ranch for not more than 

10 years; and 

‘‘(B) meets such other criteria as the Secretary may 

establish.’’; 

(6) by inserting after subsection (a) (as so redesignated) 

the following: 


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132 STAT. 4952 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(b) FARMING OPPORTUNITIES TRAINING AND OUTREACH.—The 

Secretary shall carry out this section to encourage and assist socially 

disadvantaged farmers and ranchers, veteran farmers and ranchers, 

and beginning farmers and ranchers in the ownership and operation 

of farms and ranches through— 

‘‘(1) education and training; and 

‘‘(2) equitable participation in all agricultural programs 

of the Department.’’; 

(7) in subsection (c) (as so redesignated and as amended 

by paragraph (4))— 

(A) in the subsection heading, by inserting ‘‘FOR

SOCIALLY DISADVANTAGED AND VETERAN FARMERS AND

RANCHERS’’ after ‘‘ASSISTANCE’’; 

(B) by striking paragraph (4); 

(C) by redesignating paragraphs (1), (2), (3), and (6) 

as paragraphs (2), (3), (4), and (1), respectively, and moving 

the paragraphs so as to appear in numerical order; 

(D) in paragraph (1) (as so redesignated)— 

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

striking ‘‘The term’’ and inserting ‘‘In this subsection, 

the term’’; 

(ii) in subparagraph (A)(ii), by striking ‘‘subsection 

(a)’’ and inserting ‘‘this subsection’’; and 

(iii) in subparagraph (F), by striking ‘‘450b))’’ and 

inserting ‘‘5304))’’; 

(E) in paragraph (2) (as so redesignated)— 

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

striking ‘‘The Secretary of Agriculture shall carry out’’ 

and inserting ‘‘Using funds made available under subsection (l), the Secretary of Agriculture shall, for the 

period of fiscal years 2019 through 2023, carry out’’; 

and 

(ii) in subparagraph (B), by striking ‘‘agricultural’’ 

and inserting ‘‘agricultural, forestry, and related’’; 

(iii) by striking ‘‘agricultural’’ and inserting ‘‘agricultural, forestry, and related’’; 

(F) in paragraph (3) (as so redesignated), by striking 

‘‘(1)’’ in the matter preceding subparagraph (A) and 

inserting ‘‘(2)’’; and 

(G) in paragraph (4) (as so redesignated)— 

(i) in subparagraph (A)— 

(I) by striking the subparagraph heading and 

inserting ‘‘OUTREACH AND TECHNICAL ASSISTANCE.—’’; 

(II) by striking ‘‘(2)’’ and inserting ‘‘(3)’’; and 

(III) by inserting ‘‘to socially disadvantaged 

farmers and ranchers and veteran farmers and 

ranchers’’ after ‘‘assistance’’; 

(ii) in subparagraph (C), by striking ‘‘(1)’’ and 

inserting ‘‘(2)’’; 

(iii) in subparagraph (D), by adding at the end 

the following: 

‘‘(v) The number of farms or ranches started, maintained, or improved as a result of funds made available 

under the program. 


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‘‘(vi) Actions taken by the Secretary in partnership 

with eligible entities to enhance participation in agricultural programs by veteran farmers or ranchers and 

socially disadvantaged farmers or ranchers. 

‘‘(vii) The effectiveness of the actions described 

in clause (vi).’’; and 

(iv) by adding at the end the following: 

‘‘(E) MAXIMUM TERM AND AMOUNT OF GRANT, CONTRACT, OR AGREEMENT.—A grant, contract, or agreement entered 

into under subparagraph (A) shall be— 

‘‘(i) for a term of not longer than 3 years; and 

‘‘(ii) in an amount that is not more than $250,000 

for each year of the grant, contract, or agreement. 

‘‘(F) PRIORITY.—In making grants and entering into 

contracts and other agreements under subparagraph (A), 

the Secretary shall give priority to nongovernmental and 

community-based organizations with an expertise in 

working with socially disadvantaged farmers and ranchers 

or veteran farmers and ranchers. 

‘‘(G) REGIONAL BALANCE.—To the maximum extent 

practicable, the Secretary shall ensure the geographical 

diversity of eligible entities to which grants are made and 

contracts and other agreements are entered into under 

subparagraph (A). 

‘‘(H) PROHIBITION.—A grant, contract, or other agreement under subparagraph (A) may not be used for the 

planning, repair, rehabilitation, acquisition, or construction 

of a building or facility. 

‘‘(I) PEER REVIEW.—The Secretary shall establish a fair 

and efficient external peer review process that— 

‘‘(i) the Secretary shall use in making grants and 

entering into contracts and other agreements under 

subparagraph (A); and 

‘‘(ii) shall include a broad representation of peers 

of the eligible entity. 

‘‘(J) INPUT FROM ELIGIBLE ENTITIES.—The Secretary 

shall seek input from eligible entities providing technical 

assistance under this subsection not less than once each 

year to ensure that the program is responsive to the eligible 

entities providing that technical assistance.’’; 

(8) by inserting after subsection (c) (as so redesignated) 

the following: 

‘‘(d) BEGINNING FARMER AND RANCHER DEVELOPMENT GRANT

PROGRAM.— 

‘‘(1) IN GENERAL.—Using funds made available under subsection (l), the Secretary, acting through the Director of the 

National Institute of Food and Agriculture, shall, for the period 

of fiscal years 2019 through 2023, make competitive grants 

or enter into cooperative agreements to support new and established local and regional training, education, outreach, and 

technical assistance initiatives to increase opportunities for 

beginning farmers and ranchers. 

‘‘(2) INCLUDED PROGRAMS AND SERVICES.—Initiatives 

described in paragraph (1) may include programs or services, 

as appropriate, relating to— 

‘‘(A) basic livestock, forest management, and crop 

farming practices; 


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‘‘(B) innovative farm, ranch, and private, nonindustrial 

forest land transfer and succession strategies; 

‘‘(C) entrepreneurship and business training; 

‘‘(D) technical assistance to help beginning farmers 

or ranchers acquire land from retiring farmers and 

ranchers; 

‘‘(E) financial and risk management training, including 

the acquisition and management of agricultural credit; 

‘‘(F) natural resource management and planning; 

‘‘(G) diversification and marketing strategies; 

‘‘(H) curriculum development; 

‘‘(I) mentoring, apprenticeships, and internships; 

‘‘(J) resources and referral; 

‘‘(K) farm financial benchmarking; 

‘‘(L) agricultural rehabilitation and vocational training 

for veteran farmers and ranchers; 

‘‘(M) farm safety and awareness; 

‘‘(N) food safety and recordkeeping; and 

‘‘(O) other similar subject areas of use to beginning 

farmers and ranchers. 

‘‘(3) ELIGIBILITY.— 

‘‘(A) IN GENERAL.—To be eligible to receive a grant 

or enter into a cooperative agreement under this subsection, 

the recipient of the grant or participant in the cooperative 

agreement shall be a collaborative State, Tribal, local, or 

regionally-based network or partnership of public or private 

entities. 

‘‘(B) INCLUSIONS.—A recipient of a grant or a participant that enters into a cooperative agreement described 

in subparagraph (A) may include— 

‘‘(i) a State cooperative extension service; 

‘‘(ii) a Federal, State, municipal, or Tribal agency; 

‘‘(iii) a community-based or nongovernmental 

organization; 

‘‘(iv) a college or university (including an institution awarding an associate’s degree) or foundation 

maintained by a college or university; or 

‘‘(v) any other appropriate partner, as determined 

by the Secretary. 

‘‘(4) TERMS OF GRANTS OR COOPERATIVE AGREEMENT.—A 

grant or cooperative agreement under this subsection shall— 

‘‘(A) be for a term of not longer than 3 years; and 

‘‘(B) provide not more than $250,000 for each year. 

‘‘(5) MATCHING REQUIREMENT.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), to be eligible to receive a grant or enter into a cooperative agreement under this subsection, a recipient or participant shall provide a match in the form of cash or inkind contributions in an amount equal to 25 percent of 

the funds provided by the grant or cooperative agreement. 

‘‘(B) EXCEPTION.—The Secretary may waive or reduce 

the matching requirement in subparagraph (A) if the Secretary determines such a waiver or modification is necessary to effectively reach an underserved area or population. 


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‘‘(6) EVALUATION CRITERIA.—In making grants or entering 

into cooperative agreements under this subsection, the Secretary shall evaluate, with respect to applications for the grants 

or cooperative agreements— 

‘‘(A) relevancy; 

‘‘(B) technical merit; 

‘‘(C) achievability; 

‘‘(D) the expertise and track record of 1 or more 

applicants; 

‘‘(E) the consultation of beginning farmers and ranchers 

in design, implementation, and decisionmaking relating to 

an initiative described in paragraph (1); 

‘‘(F) the adequacy of plans for— 

‘‘(i) a participatory evaluation process; 

‘‘(ii) outcome-based reporting; and 

‘‘(iii) the communication of findings and results 

beyond the immediate target audience; and 

‘‘(G) other appropriate factors, as determined by the 

Secretary. 

‘‘(7) REGIONAL BALANCE.—To the maximum extent practicable, the Secretary shall ensure the geographical diversity 

of recipients of grants or participants in cooperative agreements 

under this subsection. 

‘‘(8) PRIORITY.—In making grants or entering into cooperative agreements under this subsection, the Secretary shall give 

priority to partnerships and collaborations that are led by or 

include nongovernmental, community-based organizations and 

school-based educational organizations with expertise in new 

agricultural producer training and outreach. 

‘‘(9) PROHIBITION.—A grant made or cooperative agreement 

entered into under this subsection may not be used for the 

planning, repair, rehabilitation, acquisition, or construction of 

a building or facility. 

‘‘(10) COORDINATION PERMITTED.—A recipient of a grant 

or participant in a cooperative agreement under this subsection 

may coordinate with a recipient of a grant or cooperative agreement under section 1680 in addressing the needs of veteran 

farmers and ranchers with disabilities. 

‘‘(11) CONSECUTIVE AWARDS.—A grant or cooperative agreement under this subsection may be made to a recipient or 

participant for consecutive years. 

‘‘(12) PEER REVIEW.— 

‘‘(A) IN GENERAL.—The Secretary shall establish a fair 

and efficient external peer review process, which the Secretary shall use in making grants or entering into cooperative agreements under this subsection. 

‘‘(B) REQUIREMENT.—The peer review process under 

subparagraph (A) shall include a review panel composed 

of a broad representation of peers of the applicant for 

the grant or cooperative agreement that are not applying 

for a grant or cooperative agreement under this subsection. 

‘‘(13) PARTICIPATION BY OTHER FARMERS AND RANCHERS.— 

Nothing in this subsection prohibits the Secretary from allowing 

a farmer or rancher who is not a beginning farmer or rancher 

(including an owner or operator that has ended, or expects 

to end within 5 years, active labor in a farming or ranching 

operation as a producer, retiring farmers, and non-farming 


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landowners) from participating in a program or service under 

this subsection, to the extent that the Secretary determines 

that such participation— 

‘‘(A) is appropriate; and 

‘‘(B) will not detract from the primary purpose of 

increasing opportunities for beginning farmers and 

ranchers. 

‘‘(14) EDUCATION TEAMS.— ‘‘(A) IN GENERAL.—The Secretary shall establish beginning farmer and rancher education teams to develop curricula, conduct educational programs and workshops for 

beginning farmers and ranchers in diverse geographical 

areas of the United States, or provide training and technical assistance initiatives for beginning farmers or 

ranchers or for trainers and service providers that work 

with beginning farmers or ranchers. 

‘‘(B) CURRICULUM.—In promoting the development of 

curricula, educational programs and workshops, or training 

and technical assistance initiatives under subparagraph 

(A), the Secretary shall, to the maximum extent practicable, 

include content tailored to specific audiences of beginning 

farmers and ranchers, based on crop diversity or regional 

diversity. 

‘‘(C) COMPOSITION.—In establishing an education team 

under subparagraph (A) for a specific program or workshop, 

the Secretary shall, to the maximum extent practicable— 

‘‘(i) obtain the short-term services of specialists 

with knowledge and expertise in programs serving 

beginning farmers and ranchers; and 

‘‘(ii) use officers and employees of the Department 

with direct experience in programs of the Department 

that may be taught as part of the curriculum for the 

program or workshop. 

‘‘(D) COOPERATION.— 

‘‘(i) IN GENERAL.—In carrying out this subsection, 

the Secretary shall cooperate, to the maximum extent 

practicable, with— 

‘‘(I) State cooperative extension services; 

‘‘(II) Federal, State, and Tribal agencies; 

‘‘(III) community-based and nongovernmental 

organizations; 

‘‘(IV) colleges and universities (including an 

institution awarding an associate’s degree) or 

foundations maintained by a college or university; 

and 

‘‘(V) other appropriate partners, as determined 

by the Secretary. 

‘‘(ii) COOPERATIVE AGREEMENTS.—The Secretary 

may enter into a cooperative agreement to reflect the 

terms of any cooperation under subparagraph (A). 

‘‘(15) CURRICULUM AND TRAINING CLEARINGHOUSE.—The 

Secretary shall establish an online clearinghouse that makes 

available to beginning farmers and ranchers education curricula 

and training materials and programs, which may include online 

courses for direct use by beginning farmers and ranchers. 

‘‘(e) APPLICATION REQUIREMENTS.—In making grants and 

entering into contracts and other agreements, as applicable, under 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4957 

subsections (c) and (d), the Secretary shall make available a simplified application process for an application for a grant that 

requests less than $50,000.’’; 

(9) by striking subsection (f) and inserting the following: 

‘‘(f) STAKEHOLDER INPUT.—In carrying out this section, the 

Secretary shall seek stakeholder input from— 

‘‘(1) beginning farmers and ranchers; 

‘‘(2) socially disadvantaged farmers and ranchers; 

‘‘(3) veteran farmers and ranchers; 

‘‘(4) national, State, Tribal, and local organizations and 

other persons with expertise in operating programs for— 

‘‘(A) beginning farmers and ranchers; 

‘‘(B) socially disadvantaged farmers and ranchers; or 

‘‘(C) veteran farmers and ranchers; 

‘‘(5) the Advisory Committee on Beginning Farmers and 

Ranchers established under section 5(b) of the Agricultural 

Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public 

Law 102–554); 

‘‘(6) the Advisory Committee on Minority Farmers established under section 14008 of the Food, Conservation, and 

Energy Act of 2008 (7 U.S.C. 2279 note; Public Law 110– 

246); and 

‘‘(7) the Tribal Advisory Committee established under subsection (b) of section 309 of the Federal Crop Insurance Reform 

and Department of Agriculture Reorganization Act of 1994 

(7 U.S.C. 6921).’’; 

(10) in paragraph (3) of subsection (h) (as so redesignated), 

by inserting ‘‘and not later than March 1, 2020,’’ after ‘‘1991,’’; 

and 

(11) by adding at the end the following: 

‘‘(l) FUNDING.— 

‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary shall use to carry out this 

section— 

‘‘(A) $30,000,000 for each of fiscal years 2019 and 2020; 

‘‘(B) $35,000,000 for fiscal year 2021; 

‘‘(C) $40,000,000 for fiscal year 2022; and 

‘‘(D) $50,000,000 for fiscal year 2023 and each fiscal 

year thereafter. 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $50,000,000 

for each of fiscal years 2019 through 2023. 

‘‘(3) RESERVATION OF FUNDS.—Of the amounts made available to carry out this section— 

‘‘(A) 50 percent shall be used to carry out subsection 

(c); and 

‘‘(B) 50 percent shall be used to carry out subsection 

(d). 

‘‘(4) ALLOCATION OF FUNDS.— 

‘‘(A) IN GENERAL.—Not less than 5 percent of the 

amounts made available to carry out subsection (d) for 

a fiscal year shall be used to support programs and services 

that address the needs of— 

‘‘(i) limited resource beginning farmers and 

ranchers, as defined by the Secretary; 

‘‘(ii) socially disadvantaged farmers and ranchers 

that are beginning farmers and ranchers; and 


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132 STAT. 4958 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(iii) farmworkers desiring to become farmers or 

ranchers. 

‘‘(B) VETERAN FARMERS AND RANCHERS.—Not less than 

5 percent of the amounts made available to carry out 

subsection (d) for a fiscal year shall be used to support 

programs and services that address the needs of veteran 

farmers and ranchers. 

‘‘(5) INTERAGENCY FUNDING.—Any agency of the Department may participate in any grant, contract, or agreement 

entered into under this section by contributing funds, if the 

contributing agency determines that the objectives of the grant, 

contract, or agreement will further the authorized programs 

of the contributing agency. 

‘‘(6) ADMINISTRATIVE EXPENSES.—Not more than 5 percent 

of the amounts made available to carry out this section for 

a fiscal year may be used for expenses relating to the administration of this section. 

‘‘(7) LIMITATION ON INDIRECT COSTS.—A recipient of a grant 

or a party to a contract or other agreement under subsection 

(c) or (d) may not use more than 10 percent of the funds 

received for the indirect costs of carrying out a grant, contract, 

or other agreement.’’. 

SEC. 12302. URBAN AGRICULTURE. 

Subtitle A of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 6911 et seq.) (as amended by section 12202) 

is amended by adding at the end the following: 

‘‘SEC. 222. OFFICE OF URBAN AGRICULTURE AND INNOVATIVE 

PRODUCTION. 

‘‘(a) OFFICE.— ‘‘(1) IN GENERAL.—The Secretary shall establish in the 

Department an Office of Urban Agriculture and Innovative 

Production. 

‘‘(2) DIRECTOR.—The Secretary shall appoint a senior official to serve as the Director of the Office of Urban Agriculture 

and Innovative Production (referred to in this section as the 

‘Director’). 

‘‘(3) MISSION.—The mission of the Office of Urban Agriculture and Innovative Production shall be to encourage and 

promote urban, indoor, and other emerging agricultural practices, including— 

‘‘(A) community gardens and farms located in urban 

areas, suburbs, and urban clusters; 

‘‘(B) rooftop farms, outdoor vertical production, and 

green walls; 

‘‘(C) indoor farms, greenhouses, and high-tech vertical 

technology farms; 

‘‘(D) hydroponic, aeroponic, and aquaponic farm facilities; and 

‘‘(E) other innovations in agricultural production, as 

determined by the Secretary. 

‘‘(4) RESPONSIBILITIES.—The Director shall be responsible 

for engaging in activities to carry out the mission described 

in paragraph (3), including by— 

‘‘(A) managing programs, including for community gardens, urban farms, rooftop agriculture, and indoor vertical 

production; 

7 USC 6923. 


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‘‘(B) advising the Secretary; 

‘‘(C) coordinating with the agencies and officials of 

the Department to update relevant programs; 

‘‘(D) engaging in stakeholder relations and developing 

external partnerships; 

‘‘(E) identifying common State and municipal best practices for navigating local policies; 

‘‘(F) coordinating networks of community gardens and 

facilitating connections to local food banks, in partnership 

with the Food and Nutrition Service; and 

‘‘(G) collaborating with other Federal agencies. 

‘‘(b) URBAN AGRICULTURE AND INNOVATIVE PRODUCTION

ADVISORY COMMITTEE.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this section, the Secretary shall establish an 

Urban Agriculture and Innovative Production Advisory Committee (referred to in this subsection as the ‘Committee’) to 

advise the Secretary on— 

‘‘(A) the development of policies and outreach relating 

to urban, indoor, and other emerging agricultural production practices; and 

‘‘(B) any other aspects of the implementation of this 

section. 

‘‘(2) MEMBERSHIP.— 

‘‘(A) IN GENERAL.—The Committee shall be composed 

of 12 members, of whom— 

‘‘(i) 4 shall be individuals who are agricultural 

producers, of whom— 

‘‘(I) 2 individuals shall be agricultural producers located in an urban area or urban cluster; 

and 

‘‘(II) 2 individuals shall be farmers that use 

innovative technology; 

‘‘(ii) 2 shall be representatives from an institution 

of higher education or extension program; 

‘‘(iii) 1 shall be an individual who represents a 

nonprofit organization, which may include a public 

health, environmental, or community organization; 

‘‘(iv) 1 shall be an individual who represents business and economic development, which may include 

a business development entity, a chamber of commerce, 

a city government, or a planning organization; 

‘‘(v) 1 shall be an individual with supply chain 

experience, which may include a food aggregator, 

wholesale food distributor, food hub, or an individual 

who has direct-to-consumer market experience; 

‘‘(vi) 1 shall be an individual from a financing 

entity; and 

‘‘(vii) 2 shall be individuals with related experience 

or expertise in urban, indoor, and other emerging agriculture production practices, as determined by the Secretary. 

‘‘(B) INITIAL APPOINTMENTS.—The Secretary shall 

appoint the members of the Committee not later than 

180 days after the date of enactment of this section. 

‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— 


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132 STAT. 4960 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), a member of the Committee shall be appointed for 

a term of 3 years. 

‘‘(B) INITIAL APPOINTMENTS.—Of the members first 

appointed to the Committee— 

‘‘(i) 4 of the members, as determined by the Secretary, shall be appointed for a term of 3 years; 

‘‘(ii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and 

‘‘(iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year. 

‘‘(C) VACANCIES.—Any vacancy in the Committee— 

‘‘(i) shall not affect the powers of the Committee; 

and 

‘‘(ii) shall be filled as soon as practicable in the 

same manner as the original appointment. 

‘‘(D) CONSECUTIVE TERMS.—An initial appointee of the 

committee may serve an additional consecutive term if 

the member is reappointed by the Secretary. 

‘‘(4) MEETINGS.— 

‘‘(A) FREQUENCY.—The Committee shall meet not fewer 

than 3 times per year. 

‘‘(B) INITIAL MEETING.—Not later than 180 days after 

the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting 

of the Committee. 

‘‘(5) DUTIES.— 

‘‘(A) IN GENERAL.—The Committee shall— 

‘‘(i) develop recommendations and advise the 

Director on policies, initiatives, and outreach administered by the Office of Urban Agriculture and Innovative 

Production; 

‘‘(ii) evaluate and review ongoing research and 

extension activities relating to urban, indoor, and other 

innovative agricultural practices; 

‘‘(iii) identify new and existing barriers to successful urban, indoor, and other emerging agricultural 

production practices; and 

‘‘(iv) provide additional assistance and advice to 

the Director as appropriate. 

‘‘(B) REPORTS.—Not later than 1 year after the date 

on which the Committee is established, and every 2 years 

through 2023, the Committee shall submit to the Secretary, 

the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate a report describing the recommendations developed under subparagraph (A). 

‘‘(6) PERSONNEL MATTERS.— 

‘‘(A) COMPENSATION.—A member of the Committee 

shall serve without compensation. 

‘‘(B) TRAVEL EXPENSES.—A member of the Committee 

shall be allowed travel expenses, including per diem in 

lieu of subsistence, in accordance with section 5703 of 

title 5, United States Code. 

‘‘(7) TERMINATION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Committee shall terminate on the date that is 5 years 


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after the date on which the members are appointed under 

paragraph (2)(B). 

‘‘(B) EXTENSIONS.—Before the date on which the Committee terminates, the Secretary may renew the Committee 

for 1 or more 2-year periods. 

‘‘(c) GRANTS.—The Director shall award competitive grants to 

support the development of urban agriculture and innovative 

production to any of the following eligible entities: 

‘‘(1) A nonprofit organization. 

‘‘(2) A unit of local government. 

‘‘(3) A Tribal government. 

‘‘(4) Any school that serves any of grades kindergarten 

through grade 12. 

‘‘(d) PILOT PROJECTS.— 

‘‘(1) URBAN AND SUBURBAN COUNTY COMMITTEES.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of this section, the Secretary shall establish a pilot program for not fewer than 5 years that establishes 10 county committees in accordance with section 

8(b)(5)(B)(ii)(II) of the Soil Conservation and Domestic 

Allotment Act (16 U.S.C. 590h(b)(5)(B)(ii)(II)) to operate 

in counties located in urban or suburban areas with a 

high concentration of urban or suburban farms. 

‘‘(B) EFFECT.—Nothing in this paragraph requires or 

precludes the establishment of a Farm Service Agency office 

in a county in which a county committee is established 

under subparagraph (A). 

‘‘(C) REPORT.—For fiscal year 2019 and each fiscal 

year thereafter through fiscal year 2023, the Secretary 

shall submit to the Committee on Agriculture of the House 

of Representatives and the Committee on Agriculture, 

Nutrition, and Forestry of the Senate a report describing 

a summary of— 

‘‘(i) the status of the pilot program under subparagraph (A); 

‘‘(ii) meetings and other activities of the committees established under that subparagraph; and 

‘‘(iii) the types and volume of assistance and services provided to farmers in counties in which county 

committees are established under that subparagraph. 

‘‘(2) INCREASING COMMUNITY COMPOST AND REDUCING FOOD

WASTE.— 

‘‘(A) IN GENERAL.—The Secretary, acting through the 

Director, shall carry out pilot projects under which the 

Secretary shall offer to enter into cooperative agreements 

with local or municipal governments in not fewer than 

10 States to develop and test strategies for planning and 

implementing municipal compost plans and food waste 

reduction plans. 

‘‘(B) ELIGIBLE ENTITIES AND PURPOSES OF PILOT

PROJECTS.—Under a cooperative agreement entered into 

under this paragraph, the Secretary shall provide assistance to municipalities, counties, local governments, or city 

planners, as appropriate, to carry out planning and implementing activities that will— 

‘‘(i) generate compost; 


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‘‘(ii) increase access to compost for agricultural 

producers; 

‘‘(iii) reduce reliance on, and limit the use of, fertilizer; 

‘‘(iv) improve soil quality; 

‘‘(v) encourage waste management and 

permaculture business development; 

‘‘(vi) increase rainwater absorption; 

‘‘(vii) reduce municipal food waste; and 

‘‘(viii) divert food waste from landfills. 

‘‘(C) EVALUATION AND RANKING OF APPLICATIONS.— ‘‘(i) CRITERIA.—Not later than 180 days after the 

date of enactment of this section, the Secretary shall 

establish criteria for the selection of pilot projects 

under this paragraph. 

‘‘(ii) CONSIDERATION.—In selecting, undertaking, or 

funding pilot projects under this paragraph, the Secretary shall consider any commonly known significant 

impact on existing food waste recovery and disposal 

by commercial, marketing, or business relationships. 

‘‘(iii) PRIORITY.—In selecting a pilot project under 

this paragraph, the Secretary shall give priority to 

an application for a pilot project that— 

‘‘(I) anticipates or demonstrates economic 

benefits; 

‘‘(II) incorporates plans to make compost easily 

accessible to agricultural producers, including 

community gardeners; 

‘‘(III) integrates other food waste strategies, 

including food recovery efforts; and 

‘‘(IV) provides for collaboration with multiple 

partners. 

‘‘(D) MATCHING REQUIREMENT.—The recipient of assistance for a pilot project under this paragraph shall provide 

funds, in-kind contributions, or a combination of both from 

sources other than funds provided through the grant in 

an amount equal to not less than 25 percent of the amount 

of the grant. 

‘‘(E) EVALUATION.—The Secretary shall conduct an 

evaluation of the pilot projects funded under this paragraph 

to assess different solutions for increasing access to compost 

and reducing municipal food waste, including an evaluation 

of— 

‘‘(i) the amount of Federal funds used for each 

project; and 

‘‘(ii) a measurement of the outcomes of each project. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section and the amendments 

made by this section $25,000,000 for each of fiscal years 2019 

through 2023.’’. 

SEC. 12303. TRIBAL ADVISORY COMMITTEE. 

Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) 

is amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary’’; and 


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(2) by adding at the end the following: 

‘‘(b) TRIBAL ADVISORY COMMITTEE.— ‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) INDIAN TRIBE.—The term ‘Indian tribe’ has the 

meaning given the term in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

5304). 

‘‘(B) RELEVANT COMMITTEES OF CONGRESS.—The term 

‘relevant committees of Congress’ means— 

‘‘(i) the Committee on Agriculture of the House 

of Representatives; 

‘‘(ii) the Committee on Agriculture, Nutrition, and 

Forestry of the Senate; and 

‘‘(iii) the Committee on Indian Affairs of the 

Senate. 

‘‘(C) TRIBAL ORGANIZATION.—The term ‘tribal organization’ has the meaning given the term in section 4 of the 

Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 5304). 

‘‘(2) ESTABLISHMENT OF COMMITTEE.— 

‘‘(A) IN GENERAL.—The Secretary shall establish an 

advisory committee, to be known as the Tribal Advisory 

Committee (referred to in this subsection as the ‘Committee’) to provide advice and guidance to the Secretary 

on matters relating to Tribal and Indian affairs. 

‘‘(B) FACILITATION.—The Committee shall facilitate, but 

not supplant, government-to-government consultation 

between the Department of Agriculture (referred to in this 

subsection as the ‘Department’) and Indian tribes. 

‘‘(3) MEMBERSHIP.— 

‘‘(A) COMPOSITION.—The Committee shall be composed 

of 11 members, of whom— 

‘‘(i) 3 shall be appointed by the Secretary; 

‘‘(ii) 1 shall be appointed by the chairperson of 

the Committee on Indian Affairs of the Senate; 

‘‘(iii) 1 shall be appointed by the ranking member 

of the Committee on Indian Affairs of the Senate; 

‘‘(iv) 1 shall be appointed by the chairperson of 

the Committee on Agriculture, Nutrition, and Forestry 

of the Senate; 

‘‘(v) 1 shall be appointed by the ranking member 

of the Committee on Agriculture, Nutrition, and Forestry of the Senate; 

‘‘(vi) 2 shall be appointed by the chairperson of 

the Committee on Agriculture of the House of Representatives; and 

‘‘(vii) 2 shall be appointed by the ranking member 

of the Committee on Agriculture of the House of Representatives. 

‘‘(B) NOMINATIONS.—The Secretary shall accept 

nominations for members of the Committee from any of 

the following: 

‘‘(i) An Indian tribe. 

‘‘(ii) A tribal organization. 

‘‘(iii) A national or regional organization with 

expertise in issues relating to the duties of the Committee described in paragraph (4). 


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132 STAT. 4964 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(C) DIVERSITY.—To the maximum extent feasible, the 

Secretary shall ensure that the members of the Committee 

represent a diverse set of expertise on issues relating to 

geographic regions, Indian tribes, and the agricultural 

industry. 

‘‘(D) LIMITATION.—No member of the Committee shall 

be an officer or employee of the Federal Government. 

‘‘(E) PERIOD OF APPOINTMENT; VACANCIES.— 

‘‘(i) IN GENERAL.—Each member of the Committee— 

‘‘(I) subject to clause (ii), shall be appointed 

to a 3-year term; and 

‘‘(II) may be reappointed to not more than 

3 consecutive terms. 

‘‘(ii) INITIAL STAGGERING.—The first 3 appointments by the Secretary under paragraph (3)(A)(i) shall 

be for a 2-year term. 

‘‘(iii) VACANCIES.—Any vacancy in the Committee 

shall be filled in the same manner as the original 

appointment not more than 90 days after the date 

on which the position becomes vacant. 

‘‘(F) MEETINGS.— 

‘‘(i) IN GENERAL.—The Committee shall meet in 

person not less than twice each year. 

‘‘(ii) OFFICE OF TRIBAL RELATIONS REPRESENTATIVE.—Not fewer than 1 representative from the Office 

of Tribal Relations of the Department shall be present 

at each meeting of the Committee. 

‘‘(iii) DEPARTMENT OF INTERIOR REPRESENTATIVE.— 

The Assistant Secretary for Indian Affairs of the 

Department of the Interior (or a designee) shall be 

present at each meeting of the Committee. 

‘‘(iv) NONVOTING REPRESENTATIVES.—The individuals described in clauses (ii) and (iii) shall be nonvoting 

representatives at meetings of the Committee. 

‘‘(4) DUTIES OF COMMITTEE.—The Committee shall— 

‘‘(A) identify evolving issues of relevance to Indian 

tribes relating to programs of the Department; 

‘‘(B) communicate to the Secretary the issues identified 

under subparagraph (A); 

‘‘(C) submit to the Secretary recommendations for, and 

solutions to— 

‘‘(i) the issues identified under subparagraph (A); 

‘‘(ii) issues raised at the Tribal, regional, or 

national level; and 

‘‘(iii) issues relating to any Tribal consultation carried out by the Department; 

‘‘(D) discuss issues and proposals for changes to the 

regulations, policies, and procedures of the Department 

that impact Indian tribes; 

‘‘(E) identify priorities and provide advice on appropriate strategies for Tribal consultation on issues at the 

Tribal, regional, or national level regarding the Department; 

‘‘(F) ensure that pertinent issues of the Department 

are brought to the attention of an Indian tribe in a timely 


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manner so that timely feedback from an Indian tribe can 

be obtained; and 

‘‘(G) identify and propose solutions to any interdepartmental barrier between the Department and other Federal 

agencies. 

‘‘(5) REPORTS.— ‘‘(A) IN GENERAL.—Not less frequently than once each 

year, the Committee shall submit to the Secretary and 

the relevant committees of Congress a report that 

describes— 

‘‘(i) the activities of the Committee during the previous year; and 

‘‘(ii) recommendations for legislative or administrative action for the following year. 

‘‘(B) RESPONSE FROM SECRETARY.—Not more than 45 

days after the date on which the Secretary receives a 

report under subparagraph (A), the Secretary shall submit 

a written response to that report to— 

‘‘(i) the Committee; and 

‘‘(ii) the relevant committees of Congress. 

‘‘(6) COMPENSATION OF MEMBERS.—Members of the Committee shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV 

of the Executive Schedule under section 5315 of title 5, United 

States Code, for each day (including travel time) during which 

the member is engaged in the performance of the duties of 

the Committee. 

‘‘(7) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) 

shall not apply to the Committee.’’. 

SEC. 12304. BEGINNING FARMER AND RANCHER COORDINATION. 

Subtitle D of title VII of the Farm Security and Rural Investment Act of 2002 (as amended by sections 7506 and 12301(a)(1)) 

is further amended by inserting after section 7403 (7 U.S.C. 3119b 

note; Public Law 107–171) the following: 

‘‘SEC. 7404. BEGINNING FARMER AND RANCHER COORDINATION. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) BEGINNING FARMER OR RANCHER.—The term ‘beginning 

farmer or rancher’ has the meaning given such term in section 

2501(a) of the Food, Agriculture, Conservation, and Trade Act 

of 1990 (7 U.S.C. 2279(a)). 

‘‘(2) NATIONAL COORDINATOR.—The term ‘National Coordinator’ means the National Beginning Farmer and Rancher 

Coordinator established under subsection (b)(1). 

‘‘(3) STATE COORDINATOR.—The term ‘State coordinator’ 

means a State beginning farmer and rancher coordinator designated under subsection (c)(1)(A). 

‘‘(4) STATE OFFICE.—The term ‘State office’ means— 

‘‘(A) a State office of— 

‘‘(i) the Farm Service Agency; 

‘‘(ii) the Natural Resources Conservation Service; 

‘‘(iii) the Rural Business-Cooperative Service; or 

‘‘(iv) the Rural Utilities Service; or 

‘‘(B) a regional office of the Risk Management Agency. 

‘‘(b) NATIONAL BEGINNING FARMER AND RANCHER COORDINATOR.— 

7 USC 6934a. 


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132 STAT. 4966 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish in the 

Department the position of National Beginning Farmer and 

Rancher Coordinator. 

‘‘(2) DUTIES.— 

‘‘(A) IN GENERAL.—The National Coordinator shall— 

‘‘(i) advise the Secretary and coordinate activities 

of the Department on programs, policies, and issues 

relating to beginning farmers and ranchers; and 

‘‘(ii) in consultation with the applicable State food 

and agriculture council, determine whether to approve 

a plan submitted by a State coordinator under subsection (c)(3)(B). 

‘‘(B) DISCRETIONARY DUTIES.—Additional duties of the 

National Coordinator may include— 

‘‘(i) developing and implementing new strategies— 

‘‘(I) for outreach to beginning farmers and 

ranchers; and 

‘‘(II) to assist beginning farmers and ranchers 

with connecting to owners or operators that have 

ended, or expect to end within 5 years, actively 

owning or operating a farm or ranch; and 

‘‘(ii) facilitating interagency and interdepartmental 

collaboration on issues relating to beginning farmers 

and ranchers. 

‘‘(3) REPORTS.—Not less frequently than once each year, 

the National Coordinator shall distribute within the Department and make publicly available a report describing the status 

of steps taken to carry out the duties described in subparagraphs (A) and (B) of paragraph (2). 

‘‘(4) CONTRACTS AND COOPERATIVE AGREEMENTS.—In carrying out the duties under paragraph (2), the National Coordinator may enter into a contract or cooperative agreement with 

an institution of higher education (as defined in section 101 

of the Higher Education Act of 1965 (20 U.S.C. 1001)), cooperative extension services (as defined in section 1404 of the 

National Agricultural Research, Extension, and Teaching Policy 

Act of 1977 (7 U.S.C. 3103)), or a nonprofit organization— 

‘‘(A) to conduct research on the profitability of new 

farms in operation for not less than 5 years in a region; 

‘‘(B) to develop educational materials; 

‘‘(C) to conduct workshops, courses, training, or certified vocational training; or 

‘‘(D) to conduct mentoring activities. 

‘‘(c) STATE BEGINNING FARMER AND RANCHER COORDINATORS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) DESIGNATION.—The National Coordinator, in consultation with State food and agriculture councils and directors of State offices, shall designate in each State a State 

beginning farmer and rancher coordinator from among 

employees of State offices. 

‘‘(B) REQUIREMENTS.—To be designated as a State 

coordinator, an employee shall— 

‘‘(i) be familiar with issues relating to beginning 

farmers and ranchers; and 

‘‘(ii) have the ability to coordinate with other Federal departments and agencies. 


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‘‘(2) TRAINING.—The Secretary shall develop a training plan 

to provide to each State coordinator knowledge of programs 

and services available from the Department for beginning 

farmers and ranchers, taking into consideration the needs of 

all production types and sizes of agricultural operations. 

‘‘(3) DUTIES.—A State coordinator shall— 

‘‘(A) coordinate technical assistance at the State level 

to assist beginning farmers and ranchers in accessing programs of the Department; 

‘‘(B) develop and submit to the National Coordinator 

for approval under subsection (b)(2)(A)(ii) a State plan to 

improve the coordination, delivery, and efficacy of programs 

of the Department to beginning farmers and ranchers, 

taking into consideration the needs of all types of production methods and sizes of agricultural operation, at each 

county and area office in the State; 

‘‘(C) oversee implementation of an approved State plan 

described in subparagraph (B); 

‘‘(D) work with outreach coordinators in the State 

offices to ensure appropriate information about technical 

assistance is available at outreach events and activities; 

and 

‘‘(E) coordinate partnerships and joint outreach efforts 

with other organizations and government agencies serving 

beginning farmers and ranchers.’’. 

SEC. 12305. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR. 

Subtitle D of title VII of the Farm Security and Rural Investment Act of 2002 (as amended by sections 7506, section 12301(a)(1), 

and 12304) is further amended by inserting after section 7404, 

as added by section 12304, the following: 

‘‘SEC. 7405. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR. 

‘‘(a) AUTHORIZATION.—The Secretary shall establish in the 

Department the position of Agricultural Youth Organization Coordinator. 

‘‘(b) DUTIES.—The Agricultural Youth Organization Coordinator 

shall— 

‘‘(1) promote the role of youth-serving organizations and 

school-based agricultural education in motivating and preparing 

young people to pursue careers in the agriculture, food, and 

natural resources systems; 

‘‘(2) work to help build youth awareness of the reach and 

importance of agriculture, across a diversity of fields and disciplines; 

‘‘(3) identify short-term and long-term interests of the 

Department and provide opportunities, resources, input, and 

coordination with programs and agencies of the Department 

to youth-serving organizations and school-based agricultural 

education, including the development of internship opportunities; 

‘‘(4) share, internally and externally, the extent to which 

active steps are being taken to encourage collaboration with, 

and support of, youth-serving organizations and school-based 

agricultural education; 

‘‘(5) provide information to youth involved in food and 

agriculture organizations concerning the availability of, and 

7 USC 6934b. 


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132 STAT. 4968 PUBLIC LAW 115–334—DEC. 20, 2018 

eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and 

rancher programs; 

‘‘(6) serve as a resource for assisting youth involved in 

food and agriculture organizations in applying for participation 

in agriculture; and 

‘‘(7) advocate on behalf of youth involved in food and agriculture organizations in interactions with employees of the 

Department. 

‘‘(c) CONTRACTS AND COOPERATIVE AGREEMENTS.—For purposes 

of carrying out the duties under subsection (b), the Agricultural 

Youth Organization Coordinator shall consult with the cooperative 

extension and the land-grant university systems, and may enter 

into contracts or cooperative agreements with the research centers 

of the Agricultural Research Service, cooperative extension and 

the land-grant university systems, non-land-grant colleges of agriculture, or nonprofit organizations for— 

‘‘(1) the conduct of regional research on the profitability 

of small farms; 

‘‘(2) the development of educational materials; 

‘‘(3) the conduct of workshops, courses, and certified vocational training; 

‘‘(4) the conduct of mentoring activities; or 

‘‘(5) the provision of internship opportunities.’’. 

SEC. 12306. AVAILABILITY OF DEPARTMENT OF AGRICULTURE PROGRAMS FOR VETERAN FARMERS AND RANCHERS. 

(a) DEFINITION OF VETERAN FARMER OR RANCHER.—Paragraph 

(7) of subsection (a) (as redesignated by section 12301(b)(3)) of 

section 2501 of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 2279) is amended— 

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

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

end and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(C) is a veteran (as defined in section 101 of that 

title) who has first obtained status as a veteran (as so 

defined) during the most recent 10-year period.’’. 

(b) FEDERAL CROP INSURANCE.— 

(1) DEFINITION OF VETERAN FARMER OR RANCHER.—Section 

502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) 

(as amended by section 11101) is amended by adding at the 

end the following: 

‘‘(14) VETERAN FARMER OR RANCHER.—The term ‘veteran 

farmer or rancher’ means a farmer or rancher who— 

‘‘(A) has served in the Armed Forces (as defined in 

section 101 of title 38, United States Code); and 

‘‘(B)(i) has not operated a farm or ranch; 

‘‘(ii) has operated a farm or ranch for not more than 

5 years; or 

‘‘(iii) is a veteran (as defined in section 101 of that 

title) who has first obtained status as a veteran (as so 

defined) during the most recent 5-year period.’’. 

(2) CROP INSURANCE.—Section 508 of the Federal Crop 

Insurance Act (7 U.S.C. 1508) is amended— 

(A) in subsection (b)(5)(E)— 


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(i) by striking ‘‘The Corporation’’ and inserting the 

following: 

‘‘(i) IN GENERAL.—The Corporation’’; and 

(ii) in clause (i) (as so designated), by striking 

the period at the end and inserting the following: ‘‘, 

and veteran farmers or ranchers. 

‘‘(ii) COORDINATION.—The Corporation shall coordinate with other agencies of the Department that provide programs or services to farmers and ranchers 

described in clause (i) to make available coverage under 

the waiver under that clause and to share eligibility 

information to reduce paperwork and avoid duplication.’’; 

(B) in subsection (e)(8)— 

(i) in the paragraph heading, by inserting ‘‘AND

VETERAN’’ after ‘‘BEGINNING’’; and 

(ii) by inserting ‘‘or veteran farmer or rancher’’ 

after ‘‘beginning farmer or rancher’’ each place it 

appears; and 

(C) in subsection (g)— 

(i) in paragraph (2)(B)(iii), in the matter preceding 

subclause (I), by inserting ‘‘or veteran farmer or 

rancher’’ after ‘‘beginning farmer or rancher’’ each place 

it appears; and 

(ii) in paragraph (4)(B)(ii)(II), by inserting ‘‘and 

veteran farmers or ranchers’’ after ‘‘beginning farmers 

or ranchers’’. 

(3) EDUCATION AND RISK MANAGEMENT ASSISTANCE.—Paragraph (3) of section 524(a) of the Federal Crop Insurance Act 

(7 U.S.C. 1524(a)), as redesignated by section 11125(a)(3), is 

amended— 

(A) in subparagraph (D)(ii), by striking ‘‘and’’ at the 

end; 

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

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(F) veteran farmers or ranchers.’’. 

(c) DOWN PAYMENT LOAN PROGRAM.—Section 310E of the 

Consolidated Farm and Rural Development Act (7 U.S.C. 1935) 

is amended— 

(1) in subsection (a)(1), by striking ‘‘qualified beginning 

farmers or ranchers and socially disadvantaged farmers or 

ranchers’’ and inserting ‘‘eligible farmers or ranchers’’; 

(2) in subsection (d)— 

(A) in paragraph (2)(A), by striking ‘‘recipients of the 

loans’’ and inserting ‘‘farmers or ranchers’’; 

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

‘‘(3) encourage retiring farmers and ranchers to assist in 

the sale of their farms and ranches to eligible farmers or 

ranchers by providing seller financing;’’; 

(C) in paragraph (4), by striking ‘‘for beginning farmers 

or ranchers or socially disadvantaged farmers or ranchers’’ 

and inserting the following: ‘‘for— 

‘‘(A) beginning farmers or ranchers; 

‘‘(B) socially disadvantaged farmers or ranchers, as 

defined in section 355(e); or 


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132 STAT. 4970 PUBLIC LAW 115–334—DEC. 20, 2018 

‘‘(C) veteran farmers or ranchers, as defined in section 

2501(a) of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 2279(a)); and’’; and 

(D) in paragraph (5), by striking ‘‘a qualified beginning 

farmer or rancher or socially disadvantaged farmer or 

rancher’’ and inserting ‘‘an eligible farmer or rancher’’; 

and 

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

‘‘(e) DEFINITION OF ELIGIBLE FARMER OR RANCHER.—In this 

section, the term ‘eligible farmer or rancher’ means— 

‘‘(1) a qualified beginning farmer or rancher; 

‘‘(2) a socially disadvantaged farmer or rancher, as defined 

in section 355(e); and 

‘‘(3) a veteran farmer or rancher, as defined in section 

2501(a) of the Food, Agriculture, Conservation, and Trade Act 

of 1990 (7 U.S.C. 2279(a)).’’. 

(d) INTEREST RATE REDUCTION PROGRAM.—Section 351(e)(2)(B) 

of the Consolidated Farm and Rural Development Act (7 U.S.C. 

1999(e)(2)(B)) is amended— 

(1) in the subparagraph heading, by inserting ‘‘AND VETERAN’’ after ‘‘BEGINNING’’; 

(2) in clause (i), by inserting ‘‘or veteran farmers and 

ranchers (as defined in section 2501(a) of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))’’ before 

the period at the end; and 

(3) in clause (ii), by striking ‘‘beginning’’. 

(e) NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, 

OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.—Section 405(c) 

of the Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7625(c)) is amended by inserting ‘‘veteran 

farmers or ranchers (as defined in section 2501(a) of the Food, 

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

2279(a))),’’ after ‘‘socially disadvantaged farmers,’’. 

(f) ADMINISTRATION AND OPERATION OF NONINSURED CROP

ASSISTANCE PROGRAM.—Section 196 of the Federal Agriculture 

Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended— 

(1) in subsection (k)(2), by inserting ‘‘, or a veteran farmer 

or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

2279(a)))’’ before the period at the end; and 

(2) in subsection (l), in paragraph (3) (as redesignated 

by section 1601(7)(D))— 

(A) in the paragraph heading, by inserting ‘‘VETERAN,’’ 

before ‘‘AND SOCIALLY’’; and 

(B) by inserting ‘‘and veteran farmers or ranchers (as 

defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))’’ before 

‘‘in exchange’’. 

(g) FUNDING FOR TRANSITION OPTION FOR CERTAIN FARMERS

OR RANCHERS.—Section 1241(a)(1)(B) of the Food Security Act of 

1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking ‘‘beginning 

farmers or ranchers and socially disadvantaged farmers or 

ranchers’’ and inserting ‘‘covered farmers or ranchers, as defined 

in section 1235(f)(1)’’. 

(h) SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.— (1) DEFINITION OF COVERED PRODUCER.—Section 1501(a) 

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


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(A) by redesignating paragraphs (1) through (4) as 

paragraphs (2) through (5), respectively; and 

(B) by inserting before paragraph (2) (as so redesignated) the following: 

‘‘(1) COVERED PRODUCER.—The term ‘covered producer’ 

means an eligible producer on a farm that is— 

‘‘(A) as determined by the Secretary— 

‘‘(i) a beginning farmer or rancher; 

‘‘(ii) a socially disadvantaged farmer or rancher; 

or 

‘‘(iii) a limited resource farmer or rancher; or 

‘‘(B) a veteran farmer or rancher, as defined in section 

2501(a) of the Food, Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 2279(a)).’’. 

(2) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND FARM-RAISED FISH.—Section 1501(d) of the Agricultural 

Act of 2014 (7 U.S.C. 9081(d)) is amended by adding at the 

end the following: 

‘‘(4) PAYMENT RATE FOR COVERED PRODUCERS.—In the case 

of a covered producer that is eligible to receive assistance 

under this subsection, the Secretary shall provide reimbursement of 90 percent of the cost of losses described in paragraph 

(1) or (2).’’. 

Subtitle D—Department of Agriculture 

Reorganization Act of 1994 Amendments 

SEC. 12401. OFFICE OF CONGRESSIONAL RELATIONS AND INTERGOVERNMENTAL AFFAIRS. 

(a) ASSISTANT SECRETARIES OF AGRICULTURE.—Section 218(a)(1) 

of the Department of Agriculture Reorganization Act of 1994 (7 

U.S.C. 6918(a)(1)) is amended by striking ‘‘Relations’’ and inserting 

‘‘Relations and Intergovernmental Affairs’’. 

(b) SUCCESSION.—Any official who is serving as the Assistant 

Secretary of Agriculture for Congressional Relations on the date 

of enactment of this Act and who was appointed by the President, 

by and with the advice and consent of the Senate, shall not be 

required to be reappointed as a result of the change made to 

the name of that position under the amendment made by subsection 

(a). 

SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON. 

Section 219 of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 6919) is amended— 

(1) in subsection (b)— 

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

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

end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(5) establish and periodically update the website described 

in subsection (d); and 

‘‘(6) in carrying out the duties described in paragraphs 

(1) through (5), consult with and provide technical assistance 

to any Federal agency, including the Department of Defense, 

the Department of Veterans Affairs, the Small Business 

Administration, and the Department of Labor.’’; and 

7 USC 6918 note. 


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132 STAT. 4972 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) by adding at the end the following: 

‘‘(d) WEBSITE REQUIRED.— ‘‘(1) IN GENERAL.—The website required under subsection 

(b)(5) shall include the following: 

‘‘(A) Positions identified within the Department of Agriculture that are available to veterans for apprenticeships. 

‘‘(B) Apprenticeships, programs of training on the job, 

and programs of education that are approved for purposes 

of chapter 36 of title 38, United States Code. 

‘‘(C) Employment skills training programs for members 

of the Armed Forces carried out pursuant to section 1143(e) 

of title 10, United States Code. 

‘‘(D) Information designed to assist businesses, nonprofit entities, educational institutions, and farmers 

interested in developing apprenticeships, on-the-job 

training, educational, or entrepreneurial programs for veterans in navigating the process of having a program 

approved by a State approving agency for purposes of 

chapter 36 of title 38, United States Code, including— 

‘‘(i) contact information for relevant offices in the 

Department of Defense, Department of Veterans 

Affairs, Department of Labor, and Small Business 

Administration; 

‘‘(ii) basic requirements for approval by each State 

approving agency; 

‘‘(iii) recommendations with respect to training and 

coursework to be used during apprenticeships or onthe-job training that will enable a veteran to be eligible 

for agricultural programs; and 

‘‘(iv) examples of successful programs and curriculums that have been approved for purposes of chapter 

36 of title 38, United States Code (with consent of 

the organization and without any personally identifiable information). 

‘‘(2) REVIEW OF WEBSITE.— ‘‘(A) IN GENERAL.—Not later than 5 years after the 

date of enactment of this paragraph, and once every 5 

years thereafter, the Secretary shall conduct a study to 

determine if the website required under subsection (b)(5) 

is effective in providing veterans the information required 

under paragraph (1). 

‘‘(B) INEFFECTIVE WEBSITE.—If the Secretary determines that the website is not effective under subparagraph 

(A), the Secretary shall— 

‘‘(i) notify the agriculture and veterans committees 

described in subparagraph (C) of that determination; 

and 

‘‘(ii) not earlier than 180 days after the date on 

which the Secretary provides notice under clause (i), 

terminate the website. 

‘‘(C) AGRICULTURE AND VETERANS COMMITTEES.—The 

agriculture and veterans committees referred to in subparagraph (B)(i) are— 

‘‘(i) the Committee on Agriculture of the House 

of Representatives; 

‘‘(ii) the Committee on Agriculture, Nutrition, and 

Forestry of the Senate; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4973 

‘‘(iii) the Committee on Veterans’ Affairs of the 

House of Representatives; and 

‘‘(iv) the Committee on Veterans’ Affairs of the 

Senate. 

‘‘(e) CONSULTATION REQUIRED.—In carrying out this section, 

the Secretary shall consult with organizations that serve veterans. 

‘‘(f) REPORT.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this subsection, and annually thereafter, the 

Military Veterans Agricultural Liaison shall submit a report 

on beginning farmer training for veterans and agricultural 

vocational and rehabilitation programs for veterans to— 

‘‘(A) the Committee on Agriculture of the House of 

Representatives; 

‘‘(B) the Committee on Veterans’ Affairs of the House 

of Representatives; 

‘‘(C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and 

‘‘(D) the Committee on Veterans’ Affairs of the Senate. 

‘‘(2) CONTENTS OF REPORT.—The report submitted under 

paragraph (1) shall include— 

‘‘(A) a summary of the measures taken to carry out 

subsections (b) and (c); 

‘‘(B) a description of the information provided to veterans under paragraphs (1) and (2) of subsection (b); 

‘‘(C) recommendations for best informing veterans of 

the programs described in paragraphs (1) and (2) of subsection (b); 

‘‘(D) a summary of the contracts or cooperative agreements entered into under subsection (c); 

‘‘(E) a description of the programs implemented under 

subsection (c); 

‘‘(F) a summary of the employment outreach activities 

directed to veterans; 

‘‘(G) recommendations for how opportunities for veterans in agriculture should be developed or expanded; 

‘‘(H) a summary of veteran farm lending data and 

a summary of shortfalls, if any, identified by the Military 

Veterans Agricultural Liaison in collecting data with 

respect to veterans engaged in agriculture; and 

‘‘(I) recommendations, if any, on how to improve activities under subsection (b). 

‘‘(g) PUBLIC DISSEMINATION OF INFORMATION.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this subsection, and annually thereafter, the 

Military Veterans Agricultural Liaison shall make publicly 

available and share broadly, including by posting on the website 

of the Department— 

‘‘(A) the report of the Military Veterans Agricultural 

Liaison on beginning farmer training for veterans and agricultural vocational and rehabilitation programs; and 

‘‘(B) the information disseminated under paragraphs 

(1) and (2) of subsection (b). 

‘‘(2) FURTHER DISSEMINATION.—Not later than the day 

before the date on which the Military Veterans Agricultural 


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132 STAT. 4974 PUBLIC LAW 115–334—DEC. 20, 2018 

Liaison makes publicly available the information under paragraph (1), the Military Veterans Agricultural Liaison shall provide that information to the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, 

and the Department of Labor.’’. 

SEC. 12403. CIVIL RIGHTS ANALYSES. 

(a) IN GENERAL.—The Secretary shall conduct civil rights 

impact analyses in accordance with Departmental Regulation 4300- 

004 issued by the Department of Agriculture on October 17, 2016, 

with respect to the Department of Agriculture’s employment, federally-conducted programs and activities, and federally-assisted programs and activities. 

(b) STUDY; REPORT.— (1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States 

(referred to in this section as the ‘‘Comptroller General’’) shall 

conduct a study describing— 

(A) the effectiveness of the Department of Agriculture 

in processing and resolving civil rights complaints; 

(B) minority participation rates in farm programs, 

including a comparison of overall farmer and rancher 

participation with minority farmer and rancher participation by considering particular aspects of the programs of 

the Department of Agriculture for producers, such as 

ownership status, program participation, usage of permits, 

and waivers; 

(C) the realignment of the civil rights functions of 

the Department of Agriculture, as outlined in Secretarial 

Memorandum 1076–023 (March 9, 2018), including an analysis of whether that realignment has any negative implications on the civil rights functions of the Department; 

(D) efforts of the Department of Agriculture to identify 

actions, programs, or activities of the Department of Agriculture that may adversely affect employees, contractors, 

or beneficiaries (including participants) of the action, program, or activity based on the membership of the 

employees, contractors, or beneficiaries in a group that 

is protected under Federal law from discrimination in 

employment, contracting, or provision of an action, program, or activity, as applicable; and 

(E) efforts of the Department of Agriculture to strategically plan actions to decrease discrimination and civil rights 

complaints within the Department of Agriculture or in 

the carrying out of the programs and authorities of the 

Department of Agriculture. 

(2) REPORT.—Not later than 60 days after the date of 

completion of the study under paragraph (1), the Comptroller 

General shall submit a report describing the results of the 

study to— 

(A) the Committee on Agriculture of the House of Representatives; and 

(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate. 

SEC. 12404. FARM SERVICE AGENCY. 

(a) IN GENERAL.—Section 226 of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 6932) is amended— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4975 

(1) in the section heading, by striking ‘‘CONSOLIDATED

FARM’’ and inserting ‘‘FARM’’; 

(2) in subsection (b), in the subsection heading, by striking ‘‘OF CONSOLIDATED FARM SERVICE AGENCY’’; and 

(3) by striking ‘‘Consolidated Farm’’ each place it appears 

and inserting ‘‘Farm’’. 

(b) CONFORMING AMENDMENTS.— (1) Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) is amended— 

(A) in subsection (c), by striking ‘‘Consolidated Farm’’ 

each place it appears and inserting ‘‘Farm’’; and 

(B) in subsection (e)(2), by striking ‘‘Consolidated 

Farm’’ each place it appears and inserting ‘‘Farm’’. 

(2) Section 271(2)(A) of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended 

by striking ‘‘Consolidated Farm’’ each place it appears and 

inserting ‘‘Farm’’. 

(3) Section 275(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by striking 

‘‘Consolidated Farm’’ each place it appears and inserting 

‘‘Farm’’. 

SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND CONSERVATION. 

(a) OFFICE OF RISK MANAGEMENT.—Section 226A(d)(1) of the 

Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 

6933(d)(1)) is amended by striking ‘‘Under Secretary of Agriculture 

for Farm and Foreign Agricultural Services’’ and inserting ‘‘Under 

Secretary of Agriculture for Farm Production and Conservation’’. 

(b) MULTIAGENCY TASK FORCE.—Section 242(b)(3) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6952(b)(3)) 

is amended by striking ‘‘Under Secretary for Farm and Foreign 

Agricultural Services’’ and inserting ‘‘Under Secretary of Agriculture 

for Farm Production and Conservation’’. 

(c) FOOD AID CONSULTATIVE GROUP.—Section 205(b)(2) of the 

Food for Peace Act (7 U.S.C. 1725(b)(2)) is amended by striking 

‘‘Under Secretary of Agriculture for Farm and Foreign Agricultural 

Services’’ and inserting ‘‘Under Secretary of Agriculture for Trade 

and Foreign Agricultural Affairs’’. 

(d) INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS.—Section 625(c)(1)(A) of the Higher Education 

Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended by striking ‘‘Under 

Secretary’’ and all that follows through ‘‘designee’’ and inserting 

‘‘Under Secretary of Agriculture for Trade and Foreign Agricultural 

Affairs, or the designee of that Under Secretary’’. 

SEC. 12406. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT. 

(a) CHANGING NAME OF OFFICE.— 

(1) IN GENERAL.—Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is 

amended— 

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

OUTREACH’’ and inserting ‘‘PARTNERSHIPS AND PUBLIC

ENGAGEMENT’’; and 

(B) by striking ‘‘Advocacy and Outreach’’ each place 

it appears in subsections (a)(2), (b)(1), and (d)(4)(B) and 

inserting ‘‘Partnerships and Public Engagement’’. 


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132 STAT. 4976 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) REFERENCES.—Beginning on the date of the enactment 

of this Act, any reference to the Office of Advocacy and Outreach 

established under section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) in any 

provision of Federal law shall be deemed to be a reference 

to the Office of Partnerships and Public Engagement. 

(b) INCREASING OUTREACH.—Section 226B of the Department 

of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as 

amended by subsection (a), is further amended— 

(1) in subsection (b)(1)— 

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

(B) in subparagraph (B)— 

(i) in clause (ii), by striking ‘‘and’’ at the end; 

(ii) in clause (iii), by striking the period at the 

end and inserting a semicolon; and 

(iii) by adding at the end the following new clauses: 

‘‘(iv) limited resource producers; and 

‘‘(v) veteran farmers and ranchers; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) to promote youth outreach.’’; and 

(2) in subsection (c)— 

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

‘‘veteran farmers and ranchers,’’ after ‘‘beginning farmers 

or ranchers,’’; 

(B) in paragraph (1), by striking ‘‘or socially disadvantaged’’ and inserting ‘‘socially disadvantaged, or veteran’’; 

and 

(C) in paragraph (5), by inserting ‘‘veteran farmers 

or ranchers,’’ after ‘‘beginning farmers or ranchers,’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 226B(f)(3)(B) 

of the Department of Agriculture Reorganization Act of 1994 (7 

U.S.C. 6934(f)(3)(B)) is amended by striking ‘‘2018’’ and inserting 

‘‘2023’’. 

SEC. 12407. UNDER SECRETARY OF AGRICULTURE FOR RURAL 

DEVELOPMENT. 

Section 231 of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 6941) is amended— 

(1) in subsection (a), by striking ‘‘is authorized to’’ and 

inserting ‘‘shall’’; and 

(2) in subsection (b), by striking ‘‘If the Secretary’’ and 

all that follows through ‘‘the Under Secretary shall’’ and 

inserting ‘‘The Under Secretary of Agriculture for Rural 

Development shall’’. 

SEC. 12408. ADMINISTRATOR OF THE RURAL UTILITIES SERVICE. 

(a) RATE OF PAY.— (1) IN GENERAL.—Section 232(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) is 

amended to read as follows: 

‘‘(b) ADMINISTRATOR.— 

‘‘(1) APPOINTMENT.—The Rural Utilities Service shall be 

headed by an Administrator who shall be appointed by the 

President. 

‘‘(2) COMPENSATION.—The Administrator of the Rural Utilities Service shall receive basic pay at a rate not to exceed 

the maximum amount of compensation payable to a member 

7 USC 6934 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4977 

of the Senior Executive Service under subsection (b) of section 

5382 of title 5, United States Code.’’. 

(2) CONFORMING AMENDMENT.—Section 5315 of title 5, 

United States Code, is amended by striking ‘‘Administrator, 

Rural Utilities Service, Department of Agriculture.’’. 

(b) OTHER AMENDMENT RELATING TO ADMINISTRATOR.—Section 

748 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C. 

918b) is amended by inserting ‘‘the Secretary of Agriculture, acting 

through’’ before ‘‘the Administrator of the Rural Utilities Service’’. 

SEC. 12409. RURAL HEALTH LIAISON. 

Subtitle C of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6941 et seq.) is amended by adding 

at the end the following: 

‘‘SEC. 236. RURAL HEALTH LIAISON. 

‘‘(a) AUTHORIZATION.—The Secretary shall establish in the 

Department the position of Rural Health Liaison. 

‘‘(b) DUTIES.—The Rural Health Liaison shall— 

‘‘(1) in consultation with the Secretary of Health and 

Human Services, coordinate the role of the Department with 

respect to rural health; 

‘‘(2) integrate across the Department the strategic planning 

and activities relating to rural health; 

‘‘(3) improve communication relating to rural health within 

the Department and between Federal agencies; 

‘‘(4) advocate on behalf of the health care and relevant 

infrastructure needs in rural areas; 

‘‘(5) provide to stakeholders, potential grant applicants, 

Federal agencies, State agencies, Indian Tribes, private 

organizations, and academic institutions relevant data and 

information, including the eligibility requirements for, and 

availability and outcomes of, Department programs applicable 

to the advancement of rural health; 

‘‘(6) maintain communication with public health, medical, 

occupational safety, and telecommunication associations, 

research entities, and other stakeholders to ensure that the 

Department is aware of current and upcoming issues relating 

to rural health; 

‘‘(7) consult on programs, pilot projects, research, training, 

and other affairs relating to rural health at the Department 

and other Federal agencies; 

‘‘(8) provide expertise on rural health to support the activities of the Secretary as Chair of the Council on Rural Community Innovation and Economic Development; and 

‘‘(9) provide technical assistance and guidance with respect 

to activities relating to rural health to the outreach, extension, 

and county offices of the Department.’’. 

SEC. 12410. NATURAL RESOURCES CONSERVATION SERVICE. 

(a) FIELD OFFICES.—Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended 

by section 12404(b)(1)) is amended by adding at the end the following: 

‘‘(g) FIELD OFFICES.— ‘‘(1) IN GENERAL.—The Secretary shall not close any field 

office of the Natural Resources Conservation Service unless, 

7 USC 6946. 


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132 STAT. 4978 PUBLIC LAW 115–334—DEC. 20, 2018 

not later than 30 days before the date of the closure, the 

Secretary submits to the Committee on Agriculture of the House 

of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the closure. 

‘‘(2) EMPLOYEES.—The Secretary shall not permanently 

relocate any field-based employees of the Natural Resources 

Conservation Service or the rural development mission area 

if doing so would result in a field office of the Natural Resources 

Conservation Service or the rural development mission area 

with 2 or fewer employees, unless, not later than 30 days 

before the date of the permanent relocation, the Secretary 

submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate a notification of the permanent relocation. 

‘‘(3) SUNSET.—The requirements under paragraphs (1) and 

(2) shall cease to be effective on September 30, 2023.’’. 

(b) TECHNICAL CORRECTIONS.—Section 246 of the Department 

of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as 

amended by subsection (a)) is further amended— 

(1) in subsection (b)— 

(A) by striking paragraph (2); 

(B) by redesignating paragraphs (3) through (6) as 

paragraphs (2) through (5), respectively; 

(C) in paragraph (4) (as so redesignated), by inserting 

‘‘; Public Law 101–624’’ after ‘‘note’’; and 

(D) in paragraph (5) (as so redesignated), by striking 

‘‘3831–3836’’ and inserting ‘‘3831 et seq.’’; and 

(2) in subsection (c), in the matter preceding paragraph 

(1), by striking ‘‘paragraphs (1), (2), and (4) of subsection (b) 

and the program under subchapter C of chapter 1 of subtitle 

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

3837–3837f)’’ and inserting ‘‘paragraphs (1) and (3) of subsection 

(b)’’. 

(c) RELOCATION IN ACT.— (1) IN GENERAL.—Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended 

by subsections (a) and (b)) is— 

(A) redesignated as section 228; and 

(B) moved so as to appear at the end of subtitle B 

of title II (7 U.S.C. 6931 et seq.). 

(2) CONFORMING AMENDMENTS.— 

(A) Section 226 of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 6932) (as amended 

by section 12404(a)) is amended— 

(i) in subsection (b)(5), by striking ‘‘section 246(b)’’ 

and inserting ‘‘section 228(b)’’; and 

(ii) in subsection (g)(2), by striking ‘‘section 246(b)’’ 

and inserting ‘‘section 228(b)’’. 

(B) Section 271(2)(F) of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 6991(2)(F)) is 

amended by striking ‘‘section 246(b)’’ and inserting ‘‘section 

228(b)’’. 

SEC. 12411. OFFICE OF THE CHIEF SCIENTIST. 

(a) IN GENERAL.—Section 251(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(e)) is amended— 


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(1) in the subsection heading, by striking ‘‘RESEARCH, EDUCATION, AND EXTENSION OFFICE’’ and inserting ‘‘OFFICE OF THE

CHIEF SCIENTIST’’; 

(2) in paragraph (1), by striking ‘‘Research, Education, 

and Extension Office’’ and inserting ‘‘Office of the Chief Scientist’’; 

(3) in paragraph (2), in the matter preceding subparagraph 

(A), by striking ‘‘Research, Education, and Extension Office’’ 

and inserting ‘‘Office of the Chief Scientist’’; 

(4) in paragraph (3)(C), by striking ‘‘subparagraph (A) shall 

not exceed 4 years’’ and inserting ‘‘clauses (i) and (iii) of 

subparagraph (A) shall be for not less than 3 years’’; 

(5) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; 

(6) by inserting after paragraph (3) the following: 

‘‘(4) ADDITIONAL LEADERSHIP DUTIES.—In addition to 

selecting the Division Chiefs under paragraph (3), using available personnel authority under title 5, United States Code, 

the Under Secretary shall select personnel— 

‘‘(A) to oversee implementation, training, and compliance with the scientific integrity policy of the Department; 

‘‘(B)(i) to integrate strategic program planning and 

evaluation functions across the programs of the Department; and 

‘‘(ii) to help prepare the annual report to Congress 

on the relevance and adequacy of programs under the 

jurisdiction of the Under Secretary; 

‘‘(C) to assist the Chief Scientist in coordinating the 

international engagements of the Department with the 

Department of State and other international agencies and 

offices of the Federal Government; and 

‘‘(D) to oversee other duties as may be required by 

Federal law or Department policy.’’; 

(7) in paragraph (5) (as so redesignated)— 

(A) in subparagraph (A), by striking ‘‘Notwithstanding’’ 

and inserting the following: 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated such sums as are necessary to fund the costs of Division personnel. 

‘‘(ii) ADDITIONAL FUNDING.—In addition to amounts 

made available under clause (i), notwithstanding’’; and 

(B) in subparagraph (C)— 

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

(ii) in clause (ii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) provides strong staff continuity to the Office 

of the Chief Scientist.’’; and 

(8) in paragraph (6) (as so redesignated), by striking 

‘‘Research, Education and Extension Office’’ and inserting 

‘‘Office of the Chief Scientist’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 251(f)(5)(B) of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended 

by striking ‘‘Research, Education and Extension Office’’ and 

inserting ‘‘Office of the Chief Scientist’’. 


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132 STAT. 4980 PUBLIC LAW 115–334—DEC. 20, 2018 

(2) Section 296(b)(6)(B) of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended 

by striking ‘‘Research, Education, and Extension Office’’ and 

inserting ‘‘Office of the Chief Scientist’’. 

SEC. 12412. APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING 

OFFICERS. 

Section 272(e) of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 6992(e)) is amended to read as follows: 

‘‘(e) DIVISION PERSONNEL.— ‘‘(1) IN GENERAL.—The Director shall recommend to the 

Secretary persons for appointment as hearing officers as are 

necessary for the conduct of hearings under section 277. The 

Director shall appoint such other employees as are necessary 

for the administration of the Division. A hearing officer or 

other employee of the Division shall have no duties other than 

those that are necessary to carry out this subtitle. Each position 

of the Division shall be filled by an individual who is not 

a political appointee. 

‘‘(2) POLITICAL APPOINTEE.—In this subsection, the term 

‘political appointee’ means an individual occupying— 

‘‘(A) a position described under sections 5312 through 

5316 of title 5, United States Code (relating to the Executive Schedule); 

‘‘(B) a noncareer position in the Senior Executive 

Service, as described under section 3132(a)(7) of that title; 

‘‘(C) a position in the executive branch of the Government of a confidential or policy-determining character 

under schedule C of subpart C of part 213 of title 5, 

Code of Federal Regulations; or 

‘‘(D) a position which has been excepted from the 

competitive service by reason of its confidential, policydetermining, policy-making, or policy-advocating character.’’. 

SEC. 12413. TRADE AND FOREIGN AGRICULTURAL AFFAIRS. 

The Department of Agriculture Reorganization Act of 1994 

is amended— 

(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.) 

as subtitle K; and 

(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.) 

the following: 

‘‘Subtitle J—Trade and Foreign 

Agricultural Affairs 

‘‘SEC. 287. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND FOREIGN AGRICULTURAL AFFAIRS. 

‘‘(a) ESTABLISHMENT.—There is established in the Department 

the position of Under Secretary of Agriculture for Trade and Foreign 

Agricultural Affairs. 

‘‘(b) APPOINTMENT.—The Under Secretary of Agriculture for 

Trade and Foreign Agricultural Affairs shall be appointed by the 

President, by and with the advice and consent of the Senate. 

‘‘(c) FUNCTIONS.— 

7 USC 7007. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4981 

‘‘(1) PRINCIPAL FUNCTIONS.—The Secretary shall delegate 

to the Under Secretary of Agriculture for Trade and Foreign 

Agricultural Affairs those functions and duties under the jurisdiction of the Department that are related to trade and foreign 

agricultural affairs. 

‘‘(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs shall perform 

such other functions and duties as may be— 

‘‘(A) required by law; or 

‘‘(B) prescribed by the Secretary.’’. 

SEC. 12414. REPEALS. 

(a) DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF

1994.—The following provisions of the Department of Agriculture 

Reorganization Act of 1994 are repealed: 

(1) Section 211 (7 U.S.C. 6911). 

(2) Section 213 (7 U.S.C. 6913). 

(3) Section 214 (7 U.S.C. 6914). 

(4) Section 217 (7 U.S.C. 6917). 

(5) Section 247 (7 U.S.C. 6963). 

(6) Section 252 (7 U.S.C. 6972). 

(7) Section 295 (7 U.S.C. 7013). 

(b) OTHER PROVISION.—Section 3208 of the Agricultural Act 

of 2014 (7 U.S.C. 6935) is repealed. 

(c) RULE OF CONSTRUCTION.—Nothing in the amendments made 

by this section shall be construed as affecting— 

(1) the authority of the Secretary to continue to carry 

out a function vested in, and performed by, the Secretary as 

of the date of enactment of this Act under any provision of 

Federal law other than the provisions repealed by subsections 

(a) and (b); or 

(2) the authority of an agency, office, officer, or employee 

of the Department of Agriculture to continue to perform all 

functions delegated or assigned to the agency, office, officer, 

or employee as of the date of enactment of this Act any provision 

of Federal law other than the provisions repealed by subsections 

(a) and (b). 

SEC. 12415. TECHNICAL CORRECTIONS. 

(a) OFFICE OF RISK MANAGEMENT.—Section 226A(a) of the 

Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 

6933(a)) is amended by striking ‘‘Subject to subsection (e), the 

Secretary’’ and inserting ‘‘The Secretary’’. 

(b) CORRECTION OF ERROR.— (1) ASSISTANT SECRETARIES OF AGRICULTURE.—Section 218 

of the Department of Agriculture Reorganization Act of 1994 

(7 U.S.C. 6918) (as in effect on the day before the effective 

date of the amendments made by section 2(a)(1) of the Presidential Appointment Efficiency and Streamlining Act of 2011 

(Public Law 112–166; 126 Stat. 1283, 1295)) is amended by 

striking ‘‘Senate.’’ in subsection (b) and all that follows through 

‘‘responsibility for—’’ in the matter preceding paragraph (1) 

of subsection (d) and inserting the following: ‘‘Senate. 

‘‘(c) DUTIES OF ASSISTANT SECRETARY OF AGRICULTURE FOR

CIVIL RIGHTS.—The Secretary may delegate to the Assistant Secretary for Civil Rights responsibility for—’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) take effect on the effective date described in section 6(a) 

7 USC 6918 note. 

7 USC 6911 note. 


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132 STAT. 4982 PUBLIC LAW 115–334—DEC. 20, 2018 

of the Presidential Appointment Efficiency and Streamlining 

Act of 2011 (Public Law 112–166; 126 Stat. 1295). 

SEC. 12416. TERMINATION OF AUTHORITY. 

Section 296(b) of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end 

the following: 

‘‘(9) The authority of the Secretary to carry out the amendments made to this title by section 772 of the Agriculture, 

Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Act, 2018. 

‘‘(10) The authority of the Secretary to carry out the amendments made to this title by the Agriculture Improvement Act 

of 2018.’’. 

Subtitle E—Other Miscellaneous 

Provisions 

PART I—MISCELLANEOUS AGRICULTURE 

PROVISIONS 

SEC. 12501. ACER ACCESS AND DEVELOPMENT PROGRAM. 

Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C. 

1632c(f)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’. 

SEC. 12502. PROTECTING ANIMALS WITH SHELTER. 

(a) CRIMES RELATED TO DOMESTIC VIOLENCE AND STALKING

TARGETING PETS.— 

(1) INTERSTATE STALKING.—Section 2261A of title 18, 

United States Code, is amended— 

(A) in paragraph (1)(A)— 

(i) in clause (ii), by striking ‘‘or’’ at the end; and 

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

‘‘(iv) the pet, service animal, emotional support 

animal, or horse of that person; or’’; and 

(B) in paragraph (2)(A)— 

(i) by inserting after ‘‘to a person’’ the following: 

‘‘, a pet, a service animal, an emotional support animal, 

or a horse’’; and 

(ii) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), or 

(iv)’’. 

(2) INTERSTATE VIOLATION OF PROTECTION ORDER.—Section 

2262 of title 18, United States Code, is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by inserting after ‘‘another 

person’’ the following: ‘‘or the pet, service animal, emotional support animal, or horse of that person’’; and 

(ii) in paragraph (2), by inserting after ‘‘proximity 

to, another person’’ the following ‘‘or the pet, service 

animal, emotional support animal, or horse of that 

person’’; and 

(B) in subsection (b)(5), by inserting after ‘‘in any other 

case,’’ the following: ‘‘including any case in which the 

offense is committed against a pet, service animal, emotional support animal, or horse,’’. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4983 

(3) RESTITUTION TO INCLUDE VETERINARY SERVICES.—Section 2264 of title 18, United States Code, is amended in subsection (b)(3)— 

(A) by redesignating subparagraph (F) as subparagraph 

(G); 

(B) in subparagraph (E), by striking ‘‘and’’ at the end; 

and 

(C) by inserting after subparagraph (E) the following: 

‘‘(F) veterinary services relating to physical care for 

the victim’s pet, service animal, emotional support animal, 

or horse; and’’. 

(4) DEFINITIONS.—Section 2266 of title 18, United States 

Code, is amended by inserting after paragraph (10) the following: 

‘‘(11) PET.—The term ‘pet’ means a domesticated animal, 

such as a dog, cat, bird, rodent, fish, turtle, or other animal 

that is kept for pleasure rather than for commercial purposes. 

‘‘(12) EMOTIONAL SUPPORT ANIMAL.—The term ‘emotional 

support animal’ means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal 

Regulations (or a successor regulation), and that is not a service 

animal. 

‘‘(13) SERVICE ANIMAL.—The term ‘service animal’ has the 

meaning given the term in section 36.104 of title 28, Code 

of Federal Regulations (or a successor regulation).’’. 

(b) EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING

ASSISTANCE GRANT PROGRAM.— 

(1) GRANT PROGRAM.— 

(A) IN GENERAL.—The Secretary, acting in consultation 

with the Office of the Violence Against Women of the 

Department of Justice, the Secretary of Housing and Urban 

Development, and the Secretary of Health and Human 

Services, shall award grants under this subsection to 

eligible entities to carry out programs to provide the assistance described in paragraph (3) with respect to victims 

of domestic violence, dating violence, sexual assault, or 

stalking and the pets, service animals, emotional support 

animals, or horses of such victims. 

(B) MEMORANDUM OF UNDERSTANDING.—The Secretary 

may enter into a memorandum of understanding with the 

head of another Department or agency, as appropriate, 

to carry out any of the authorities provided to the Secretary 

under this section. 

(2) APPLICATION.— 

(A) IN GENERAL.—An eligible entity seeking a grant 

under this subsection shall submit an application to the 

Secretary at such time, in such manner, and containing 

such information as the Secretary may reasonably require, 

including— 

(i) a description of the activities for which a grant 

under this subsection is sought; 

(ii) such assurances as the Secretary determines 

to be necessary to ensure compliance by the entity 

with the requirements of this subsection; and 

(iii) a certification that the entity, before engaging 

with any individual domestic violence victim, will disclose to the victim any mandatory duty of the entity 

34 USC 20127. 


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132 STAT. 4984 PUBLIC LAW 115–334—DEC. 20, 2018 

to report instances of abuse and neglect (including 

instances of abuse and neglect of pets, service animals, 

emotional support animals, or horses). 

(B) ADDITIONAL REQUIREMENTS.—In addition to the 

requirements of subparagraph (A), each application submitted by an eligible entity under that subparagraph 

shall— 

(i) not include proposals for any activities that 

may compromise the safety of a domestic violence 

victim, including— 

(I) background checks of domestic violence victims; or 

(II) clinical evaluations to determine the eligibility of such a victim for support services; 

(ii) not include proposals that would require 

mandatory services for victims or that a victim obtain 

a protective order in order to receive proposed services; 

and 

(iii) reflect the eligible entity’s understanding of 

the dynamics of domestic violence, dating violence, 

sexual assault, or stalking. 

(C) RULES OF CONSTRUCTION.—Nothing in this paragraph shall be construed to require— 

(i) domestic violence victims to participate in the 

criminal justice system in order to receive services; 

or 

(ii) eligible entities receiving a grant under this 

subsection to breach client confidentiality. 

(3) USE OF FUNDS.—Grants awarded under this subsection 

may only be used for programs that provide— 

(A) emergency and transitional shelter and housing 

assistance for domestic violence victims with pets, service 

animals, emotional support animals, or horses, including 

assistance with respect to any construction or operating 

expenses of newly developed or existing emergency and 

transitional pet, service animal, emotional support animal, 

or horse shelter and housing (regardless of whether such 

shelter and housing is co-located at a victim service provider or within the community); 

(B) short-term shelter and housing assistance for 

domestic violence victims with pets, service animals, emotional support animals, or horses, including assistance with 

respect to expenses incurred for the temporary shelter, 

housing, boarding, or fostering of the pets, service animals, 

emotional support animals, or horses of domestic violence 

victims and other expenses that are incidental to securing 

the safety of such a pet, service animal, emotional support 

animal, or horse during the sheltering, housing, or relocation of such victims; 

(C) support services designed to enable a domestic 

violence victim who is fleeing a situation of domestic 

violence, dating violence, sexual assault, or stalking to— 

(i) locate and secure— 

(I) safe housing with the victim’s pet, service 

animal, emotional support animal, or horse; or 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4985 

(II) safe accommodations for the victim’s pet, 

service animal, emotional support animal, or horse; 

or 

(ii) provide the victim with pet, service animal, 

emotional support animal, or horse related services, 

such as transportation, care services, and other assistance; or 

(D) for the training of relevant stakeholders on— 

(i) the link between domestic violence, dating 

violence, sexual assault, or stalking and the abuse 

and neglect of pets, service animals, emotional support 

animals, and horses; 

(ii) the needs of domestic violence victims; 

(iii) best practices for providing support services 

to such victims; 

(iv) best practices for providing such victims with 

referrals to victims’ services; and 

(v) the importance of confidentiality. 

(4) GRANT CONDITIONS.—An eligible entity that receives 

a grant under this subsection shall, as a condition of such 

receipt, agree— 

(A) to be bound by the nondisclosure of confidential 

information requirements of section 40002(b)(2) of the 

Violence Against Women Act of 1994 (34 U.S.C. 

12291(b)(2)); and 

(B) that the entity shall not condition the receipt of 

support, housing, or other benefits provided pursuant to 

this subsection on the participation of domestic violence 

victims in any or all of the support services offered to 

such victims through a program carried out by the entity 

using grant funds. 

(5) DURATION OF ASSISTANCE PROVIDED TO VICTIMS.— 

(A) IN GENERAL.—Subject to subparagraph (B), assistance provided with respect to a pet, service animal, emotional support animal, or horse of a domestic violence victim 

using grant funds awarded under this subsection shall 

be provided for a period of not more than 24 months. 

(B) EXTENSION.—An eligible entity that receives a 

grant under this subsection may extend the 24-month 

period referred to in subparagraph (A) for a period of 

not more than 6 months in the case of a domestic violence 

victim who— 

(i) has made a good faith effort to acquire permanent housing for the victim and the victim’s pet, service 

animal, emotional support animal, or horse during that 

24-month period; and 

(ii) has been unable to acquire such permanent 

housing within that period. 

(6) REPORT TO THE SECRETARY.—Not later than 1 year 

after the date on which an eligible entity receives a grant 

under this subsection and each year thereafter in which the 

grant funds are used, the entity shall submit to the Secretary 

a report that contains, with respect to assistance provided 

by the entity to domestic violence victims with pets, service 

animals, emotional support animals, or horses using grant 

funds received under this subsection, information on— 


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132 STAT. 4986 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) the number of domestic violence victims with pets, 

service animals, emotional support animals, or horses provided such assistance; and 

(B) the purpose, amount, type of, and duration of such 

assistance. 

(7) REPORT TO CONGRESS.— (A) REPORTING REQUIREMENT.—Not later than 

November 1 of each even-numbered fiscal year, the Secretary shall submit to the Committee on Agriculture of 

the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report 

that contains a compilation of the information contained 

in the reports submitted under paragraph (6). 

(B) AVAILABILITY OF REPORT.—The Secretary shall 

transmit a copy of the report submitted under subparagraph (A) to— 

(i) the Office on Violence Against Women of the 

Department of Justice; 

(ii) the Office of Community Planning and Development of the Department of Housing and Urban 

Development; and 

(iii) the Administration for Children and Families 

of the Department of Health and Human Services. 

(8) AUTHORIZATION OF APPROPRIATIONS.— 

(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $3,000,000 for each 

of fiscal years 2019 through 2023. 

(B) LIMITATION.—Of the amount made available under 

subparagraph (A) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, salaries, and 

administrative expenses. 

(9) DEFINITIONS.—In this subsection: 

(A) DOMESTIC VIOLENCE VICTIM DEFINED.—The term 

‘‘domestic violence victim’’ means a victim of domestic 

violence, dating violence, sexual assault, or stalking. 

(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ 

means— 

(i) a State; 

(ii) a unit of local government; 

(iii) an Indian tribe; or 

(iv) any other organization that has a documented 

history of effective work concerning domestic violence, 

dating violence, sexual assault, or stalking (as determined by the Secretary), including— 

(I) a domestic violence and sexual assault 

victim service provider; 

(II) a domestic violence and sexual assault 

coalition; 

(III) a community-based and culturally specific 

organization; 

(IV) any other nonprofit, nongovernmental 

organization; and 

(V) any organization that works directly with 

pets, service animals, emotional support animals, 

or horses and collaborates with any organization 

referred to in clauses (i) through (iv), including— 

(aa) an animal shelter; and 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 4987 

(bb) an animal welfare organization. 

(C) EMOTIONAL SUPPORT ANIMAL.—The term ‘‘emotional 

support animal’’ means an animal that is covered by the 

exclusion specified in section 5.303 of title 24, Code of 

Federal Regulations (or a successor regulation), and that 

is not a service animal. 

(D) PET.—The term ‘‘pet’’ means a domesticated 

animal, such as a dog, cat, bird, rodent, fish, turtle, or 

other animal that is kept for pleasure rather than for 

commercial purposes. 

(E) SERVICE ANIMAL.—The term ‘‘service animal’’ has 

the meaning given the term in section 36.104 of title 28, 

Code of Federal Regulations (or a successor regulation). 

(F) OTHER TERMS.—Except as otherwise provided in 

this subsection, terms used in this section shall have the 

meaning given such terms in section 40002(a) of the 

Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). 

(c) SENSE OF CONGRESS.—It is the sense of Congress that 

States should encourage the inclusion of protections against violent 

or threatening acts against the pet, service animal, emotional support animal, or horse of a person in domestic violence protection 

orders. 

SEC. 12503. MARKETING ORDERS. 

Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 

608e–1(a)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by inserting ‘‘cherries, 

pecans,’’ after ‘‘walnuts,’’. 

SEC. 12504. ESTABLISHMENT OF FOOD LOSS AND WASTE REDUCTION 

LIAISON. 

Subtitle A of the Department of Agriculture Reorganization 

Act of 1994 (7 U.S.C. 6901 et seq.), as amended by sections 12202, 

12302, and 12403, is further amended by adding at the end the 

following: 

‘‘SEC. 224. FOOD LOSS AND WASTE REDUCTION LIAISON. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a Food 

Loss and Waste Reduction Liaison to coordinate Federal, State, 

local, and nongovernmental programs, and other efforts, to measure 

and reduce the incidence of food loss and waste in accordance 

with this section. 

‘‘(b) IN GENERAL.—The Food Loss and Waste Reduction Liaison 

shall— 

‘‘(1) coordinate food loss and waste reduction efforts within 

the Department of Agriculture and with other Federal agencies, 

including the Environmental Protection Agency and the Food 

and Drug Administration; 

‘‘(2) support and promote Federal programs to measure 

and reduce the incidence of food loss and waste and increase 

food recovery; 

‘‘(3) provide information to, and serve as a resource for, 

entities engaged in food loss and waste reduction and food 

recovery, including information about the availability of, and 

eligibility requirements for, participation in Federal, State, 

local, and nongovernmental programs; 

‘‘(4) raise awareness of the liability protections afforded 

under the Bill Emerson Good Samaritan Food Donation Act 

7 USC 6924. 


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132 STAT. 4988 PUBLIC LAW 115–334—DEC. 20, 2018 

(42 U.S.C. 1791) to persons engaged in food loss and waste 

reduction and food recovery; and 

‘‘(5) make recommendations with respect to expanding 

innovative food recovery models and reducing the incidence 

of food loss and waste. 

‘‘(c) COOPERATIVE AGREEMENTS.—For purposes of carrying out 

the duties under subsection (b), the Food Loss and Waste Reduction 

Liaison may enter into contracts or cooperative agreements with 

the research centers of the Research, Education, and Economics 

mission area, institutions of higher education (as defined in section 

101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or 

nonprofit organizations for— 

‘‘(1) the development of educational materials; 

‘‘(2) the conduct of workshops and courses; or 

‘‘(3) the conduct of research on best practices with respect 

to food loss and waste reduction and food recovery. 

‘‘(d) STUDY ON FOOD WASTE.—The Secretary shall conduct a 

study, in consultation with the Food Loss and Waste Reduction 

Liaison, to evaluate and determine— 

‘‘(1) methods of measuring food waste; 

‘‘(2) standards for the volume of food waste; 

‘‘(3) factors that contribute to food waste; 

‘‘(4) the cost and volume of food loss; 

‘‘(5) the effectiveness of existing liability protections 

afforded under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791); and 

‘‘(6) measures to ensure that programs contemplated, 

undertaken, or funded by the Department of Agriculture do 

not disrupt existing food waste recovery and disposal efforts 

by commercial, marketing, or business relationships. 

‘‘(e) REPORTS.— 

‘‘(1) INITIAL REPORT.—Not later than 1 year after the date 

of enactment of this section, the Food Loss and Waste Liaison 

shall submit to the Committee on Agriculture of the House 

of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the 

results of the study conducted under subsection (d). 

‘‘(2) REPORT.—Not later than 1 year after the date of the 

submission of the report under paragraph (1), the Secretary 

shall submit to the Committee on Agriculture of the House 

of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains, with 

respect to the preceding year— 

‘‘(A) an estimate of the quantity of food waste during 

such year; and 

‘‘(B) the results of the food waste reduction and loss 

prevention activities carried out or led by the Department 

of Agriculture.’’. 

SEC. 12505. REPORT ON BUSINESS CENTERS. 

(a) IN GENERAL.—Not later than 365 days after the date of 

enactment of this Act, the Comptroller General of the United States 

shall submit to the Committee on Agriculture of the House of 

Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate a report evaluating each business center 

established in the Department of Agriculture. 


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(b) INCLUSIONS.—The report under subsection (a) shall 

include— 

(1) an examination of the effectiveness of each business 

center in carrying out its mission, including any recommendations to improve the operation of and function of any of those 

business centers; and 

(2) an evaluation of— 

(A) the impact the business centers have on customer 

service of the Department of Agriculture; 

(B) the impact on the annual budget for agencies the 

budget offices of which have been relocated to the business 

center, and the effectiveness of funds used to support the 

business centers, including an accounting of all discretionary and mandatory funding provided to the business 

center for conservation and farm services from— 

(i) the Natural Resources Conservation Service; 

(ii) the Farm Service Agency; and 

(iii) the Risk Management Agency; 

(C) funding described in subparagraph (B) spent on 

information technology modernizations; 

(D) the impact that the business centers have had 

on the human resources of the Department of Agriculture, 

including hiring; 

(E) any concerns or problems with the business centers; 

and 

(F) any positive or negative impact that the business 

centers have had on the functionality of the Department 

of Agriculture. 

SEC. 12506. REPORT ON PERSONNEL. 

For the period of fiscal years 2019 through 2023, the Secretary 

shall submit to the Committee on Agriculture of the House of 

Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate a biannual report describing the number 

of staff years and employees of each agency of the Department 

of Agriculture. 

SEC. 12507. REPORT ON ABSENT LANDLORDS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report 

describing the effects of absent landlords on the long-term economic 

health of agricultural production, including the effect of absent 

landlords on— 

(1) land valuation; 

(2) soil health; and 

(3) the economic stability of rural communities. 

(b) CONTENTS.—The report under subsection (a) shall include— 

(1) a description of the positive and negative effects of 

an absent landlord on the land owned by the landlord, 

including— 

(A) the effect of an absent landlord on the long-term 

value of the land; and 

(B) the environmental and economic impact of an 

absent landlord on the surrounding community; and 

(2) recommendations to policymakers concerning how to 

mitigate those effects when necessary. 


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132 STAT. 4990 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 12508. CENTURY FARMS PROGRAM. 

The Secretary shall establish a program under which the Secretary recognizes any farm that— 

(1) a State department of agriculture or similar statewide 

agricultural organization recognizes as a Century Farm; or 

(2)(A) is defined as a farm or ranch under section 4284.902 

of title 7, Code of Federal Regulations (as in effect on the 

date of enactment of this Act); 

(B) has been in continuous operation for at least 100 years; 

and 

(C) has been owned by the same family for at least 100 

consecutive years, as verified through deeds, wills, abstracts, 

tax statements, or other similar legal documents considered 

appropriate by the Secretary. 

SEC. 12509. REPORT ON IMPORTATION OF LIVE DOGS. 

(a) IN GENERAL.—Not later than 1 year after the date of the 

enactment of this Act, the Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and the Committee 

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

on the importation of live dogs into the United States. 

(b) CONTENTS.—The report submitted under subsection (a) shall 

include, with respect to the importation of live dogs into the United 

States for each of the 3 most recent calendar years for which 

data are available— 

(1) the total number of live dogs imported; 

(2) the number of live dogs imported as personal pets; 

(3) the number of live dogs imported for resale (as defined 

in section 18(a) of the Animal Welfare Act (7 U.S.C. 2148(a)); 

(4) the number of live dogs for which importation was 

requested but denied due to the proposed importation failing 

to meet the requirements under— 

(A) section 18 of the Animal Welfare Act (7 U.S.C. 

2148); 

(B) section 71.51 of title 42, Code of Federal Regulations (or any successor regulations); or 

(C) any other Federal law; and 

(5) any recommendations of the Secretary for modifications 

to Federal law (including regulations) relating to the importation of live dogs, including for the protection of public health. 

(c) PROVISION OF INFORMATION.—To facilitate the preparation 

of the report submitted under subsection (a), not later than 180 

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

Commerce, the Secretary of Health and Human Services, and the 

Secretary of Homeland Security shall each provide to the Secretary 

of Agriculture all available data and information relating to the 

importation of live dogs into the United States, including— 

(1) the data described in paragraphs (1) through (4) of 

subsection (b) for each of the 3 most recent calendar years 

for which data is available; and 

(2) any recommendations for modifications to Federal law 

(including regulations) relating to the importation of live dogs, 

including for the protection of public health. 

SEC. 12510. TRIBAL PROMISE ZONES. 

(a) IN GENERAL.—In this section, the term ‘‘Tribal Promise 

Zone’’ means an area that— 

25 USC 4301 

note. 

7 USC 2266a. 


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(1) is nominated by 1 or more Indian tribes (as defined 

in section 4(13) of the Native American Housing Assistance 

and Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for 

designation as a Tribal Promise Zone (in this section referred 

to as a ‘‘nominated zone’’); 

(2) has a continuous boundary; and 

(3) the Secretary designates as a Tribal Promise Zone, 

after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of 

the Interior, the Secretary of Housing and Urban Development, 

the Secretary of Health and Human Services, the Secretary 

of Labor, the Secretary of the Treasury, the Secretary of 

Transportation, and other agencies as appropriate. 

(b) AUTHORIZATION AND NUMBER OF DESIGNATIONS.—Not later 

than 1 year after the date of enactment of this Act, the Secretary 

shall nominate a minimum number of nominated zones, as determined by the Secretary in consultation with Indian tribes, to be 

designated as Tribal Promise Zones. 

(c) PERIOD OF DESIGNATIONS.— 

(1) IN GENERAL.—The Secretary shall designate nominated 

zones as Tribal Promise Zones before January 1, 2020. 

(2) EFFECTIVE DATES OF DESIGNATIONS.—The designation 

of any Tribal Promise Zone shall take effect— 

(A) for purposes of priority consideration in Federal 

grant programs and initiatives (other than this section), 

upon execution of the Tribal Promise Zone agreement with 

the Secretary; and 

(B) for purposes of this section, on January 1 of the 

first calendar year beginning after the date of the execution 

of the Tribal Promise Zone agreement. 

(3) TERMINATION OF DESIGNATIONS.—The designation of any 

Tribal Promise Zone shall end on the earlier of— 

(A)(i) with respect to a Tribal Promise Zone not 

described in paragraph (4), the end of the 10-year period 

beginning on the date that such designation takes effect; 

or 

(ii) with respect to a Tribal Promise Zone described 

in paragraph (4), the end of the 10-year period beginning 

on the date the area was designated as a Tribal Promise 

Zone before the date of the enactment of this Act; or 

(B) the date of the revocation of such designation. 

(4) APPLICATION TO CERTAIN ZONES ALREADY DESIGNATED.— 

In the case of any area designated as a Tribal Promise Zone 

by the Secretary before the date of the enactment of this 

Act, such area shall be deemed a Tribal Promise Zone designated under this section (notwithstanding whether any such 

designation has been revoked before the date of the enactment 

of this Act) and shall reduce the number of Tribal Promise 

Zones remaining to be designated under paragraph (1). 

(d) LIMITATIONS ON DESIGNATIONS.—No area may be designated 

under this section unless— 

(1) the entities nominating the area have the authority 

to nominate the area of designation under this section; 

(2) such entities provide written assurances satisfactory 

to the Secretary that the competitiveness plan described in 

the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary with 


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such data regarding the economic conditions of the area (before, 

during, and after the area’s period of designation as a Tribal 

Promise Zone) as the Secretary may require; and 

(3) the Secretary determines that any information furnished is reasonably accurate. 

(e) APPLICATION.—No area may be designated under this section 

unless the application for such designation— 

(1) demonstrates that the nominated zone satisfies the 

eligibility criteria described in subsection (a); and 

(2) includes a competitiveness plan that— 

(A) addresses the need of the nominated zone to attract 

investment and jobs and improve educational opportunities; 

(B) leverages the nominated zone’s economic strengths 

and outlines targeted investments to develop competitive 

advantages; 

(C) demonstrates collaboration across a wide range 

of stakeholders; 

(D) outlines a strategy that connects the nominated 

zone to drivers of regional economic growth; and 

(E) proposes a strategy for focusing on increased access 

to high quality affordable housing and improved public 

safety. 

(f) SELECTION CRITERIA.— 

(1) IN GENERAL.—From among the nominated zones eligible 

for designation under this section, the Secretary shall designate 

Tribal Promise Zones on the basis of— 

(A) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under 

subsection (d); 

(B) unemployment rates, poverty rates, vacancy rates, 

crime rates, and such other factors as the Secretary may 

identify, including household income, labor force participation, and educational attainment; and 

(C) other criteria as determined by the Secretary. 

(2) MINIMAL STANDARDS.—The Secretary may set minimal 

standards for the levels of unemployment and poverty that 

must be satisfied for designation as a Tribal Promise Zone. 

SEC. 12511. PRECISION AGRICULTURE CONNECTIVITY. 

(a) FINDINGS.—Congress finds the following: 

(1) Precision agriculture technologies and practices allow 

farmers to significantly increase crop yields, eliminate overlap 

in operations, and reduce inputs such as seed, fertilizer, pesticides, water, and fuel. 

(2) These technologies allow farmers to collect data in 

real time about their fields, automate field management, and 

maximize resources. 

(3) Studies estimate that precision agriculture technologies 

can reduce agricultural operation costs by up to 25 dollars 

per acre and increase farm yields by up to 70 percent by 

2050. 

(4) The critical cost savings and productivity benefits of 

precision agriculture cannot be realized without the availability 

of reliable broadband Internet access service delivered to the 

agricultural land of the United States. 

(5) The deployment of broadband Internet access service 

to unserved agricultural land is critical to the United States 


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economy and to the continued leadership of the United States 

in global food production. 

(6) Despite the growing demand for broadband Internet 

access service on agricultural land, broadband Internet access 

service is not consistently available where needed for agricultural operations. 

(7) The Federal Communications Commission has an 

important role to play in the deployment of broadband Internet 

access service on unserved agricultural land to promote precision agriculture. 

(b) TASK FORCE.— (1) DEFINITIONS.—In this subsection: 

(A)(i) The term ‘‘broadband Internet access service’’ 

means a mass-market retail service by wire or radio that 

provides the capability to transmit data to, and receive 

data from, all or substantially all Internet endpoints, 

including any capabilities that are incidental to, and enable 

the operation of, the communications service, but excluding 

dial up internet access service. 

(ii) Such term includes any service the Commission 

finds to be providing a functional equivalent of the service 

described in clause (i). 

(B) The term ‘‘Commission’’ means the Federal 

Communications Commission. 

(C) The term ‘‘Department’’ means the Department 

of Agriculture. 

(D) The term ‘‘Secretary’’ means the Secretary of Agriculture. 

(E) The term ‘‘Task Force’’ means the Task Force for 

Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States established under 

paragraph (2). 

(2) ESTABLISHMENT.—Not later than 1 year after the date 

of enactment of this Act, the Commission shall establish the 

Task Force for Reviewing the Connectivity and Technology 

Needs of Precision Agriculture in the United States. 

(3) DUTIES.— 

(A) IN GENERAL.—The Task Force shall consult with 

the Secretary, or a designee of the Secretary, and collaborate with public and private stakeholders in the agriculture 

and technology fields to— 

(i) identify and measure current gaps in the availability of broadband Internet access service on agricultural land; 

(ii) develop policy recommendations to promote the 

rapid, expanded deployment of broadband Internet 

access service on unserved agricultural land, with a 

goal of achieving reliable capabilities on 95 percent 

of agricultural land in the United States by 2025; 

(iii) promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote 

precision agriculture; 

(iv) recommend specific new rules or amendments 

to existing rules of the Commission that the Commission should issue to achieve the goals and purposes 

of the policy recommendations described in clause (ii); 


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(v) recommend specific steps that the Commission 

should take to obtain reliable and standardized data 

measurements of the availability of broadband Internet 

access service as may be necessary to target funding 

support, from future programs of the Commission dedicated to the deployment of broadband Internet access 

service, to unserved agricultural land in need of 

broadband Internet access service; and 

(vi) recommend specific steps that the Commission 

should consider to ensure that the expertise of the 

Secretary and available farm data are reflected in 

future programs of the Commission dedicated to the 

infrastructure deployment of broadband Internet access 

service and to direct available funding to unserved 

agricultural land where needed. 

(B) NO DUPLICATE DATA REPORTING.—In performing 

the duties of the Commission under subparagraph (A), 

the Commission shall ensure that no provider of broadband 

Internet access service is required to report data to the 

Commission that is, on the day before the date of enactment 

of this Act, required to be reported by the provider of 

broadband Internet access service. 

(C) HOLD HARMLESS.—The Task Force and the 

Commission shall not interpret the phrase ‘‘future programs of the Commission’’, as used in clauses (v) and 

(vi) of subparagraph (A), to include the universal service 

programs of the Commission established under section 254 

of the Communications Act of 1934 (47 U.S.C. 254). 

(D) CONSULTATION.—The Secretary, or a designee of 

the Secretary, shall explain and make available to the 

Task Force the expertise, data mapping information, and 

resources of the Department that the Department uses 

to identify cropland, ranchland, and other areas with agricultural operations that may be helpful in developing the 

recommendations required under subparagraph (A). 

(E) LIST OF AVAILABLE FEDERAL PROGRAMS AND

RESOURCES.—Not later than 180 days after the date of 

enactment of this Act, the Secretary and the Commission 

shall jointly submit to the Task Force a list of all Federal 

programs or resources available for the expansion of 

broadband Internet access service on unserved agricultural 

land to assist the Task Force in carrying out the duties 

of the Task Force. 

(4) MEMBERSHIP.— 

(A) IN GENERAL.—The Task Force shall be— 

(i) composed of not more than 15 voting members 

who shall— 

(I) be selected by the Chairman of the Commission, in consultation with the Secretary; and 

(II) include— 

(aa) agricultural producers representing 

diverse geographic regions and farm sizes, 

including owners and operators of farms of 

less than 100 acres; 

(bb) an agricultural producer representing 

tribal agriculture; 


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(cc) Internet service providers, including 

regional or rural fixed and mobile broadband 

Internet access service providers and telecommunications infrastructure providers; 

(dd) representatives from the electric 

cooperative industry; 

(ee) representatives from the satellite 

industry; 

(ff) representatives from precision agriculture equipment manufacturers, including 

drone manufacturers, manufacturers of autonomous agricultural machinery, and manufacturers of farming robotics technologies; 

(gg) representatives from State and local 

governments; and 

(hh) representatives with relevant expertise in broadband network data collection, 

geospatial analysis, and coverage mapping; 

and 

(ii) fairly balanced in terms of technologies, points 

of view, and fields represented on the Task Force. 

(B) PERIOD OF APPOINTMENT; VACANCIES.— 

(i) IN GENERAL.—A member of the Committee 

appointed under subparagraph (A)(i) shall serve for 

a single term of 2 years. 

(ii) VACANCIES.—Any vacancy in the Task Force— 

(I) shall not affect the powers of the Task 

Force; and 

(II) shall be filled in the same manner as 

the original appointment. 

(C) EX-OFFICIO MEMBER.—The Secretary, or a designee 

of the Secretary, shall serve as an ex-officio, nonvoting 

member of the Task Force. 

(5) REPORTS.—Not later than 1 year after the date on 

which the Commission establishes the Task Force, and annually 

thereafter, the Task Force shall submit to the Chairman of 

the Commission a report, which shall be made public not later 

than 30 days after the date on which the Chairman receives 

the report, that details— 

(A) the status of fixed and mobile broadband Internet 

access service coverage of agricultural land; 

(B) the projected future connectivity needs of agricultural operations, farmers, and ranchers; and 

(C) the steps being taken to accurately measure the 

availability of broadband Internet access service on agricultural land and the limitations of current, as of the date 

of the report, measurement processes. 

(6) TERMINATION.—The Commission shall renew the Task 

Force every 2 years until the Task Force terminates on January 

1, 2025. 

(c) NO ADDITIONAL FUNDS AUTHORIZED.—No additional funds 

is authorized to be appropriated to carry out this section. This 

section shall be carried out using amounts otherwise authorized. 

SEC. 12512. IMPROVEMENTS TO UNITED STATES DROUGHT MONITOR. 

(a) IN GENERAL.—The Secretary shall coordinate with the 

Director of the National Drought Mitigation Center and the 

7 USC 5856. 


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Administrator of the National Oceanic and Atmospheric Administration to enhance the collection of data to improve the accuracy 

of the United States Drought Monitor. 

(b) UTILIZATION.—To the maximum extent practicable, the Secretary shall utilize a consistent source or sources of data for programs that are based on drought or precipitation indices, such 

as the livestock forage disaster program established under section 

1501(c) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)) or policies 

or plans of insurance established under the Federal Crop Insurance 

Act (7 U.S.C. 1501 et seq.). 

(c) REVIEW.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall conduct a review of— 

(1) the types of data currently utilized by the United States 

Drought Monitor; 

(2) the geographic coverage and density of existing data 

collection sites; and 

(3) other meteorological or climatological data that is being 

collected by other Federal agencies, State and local governments, and non-Federal entities that could be utilized by the 

United States Drought Monitor. 

(d) IMPROVEMENTS.— 

(1) IN GENERAL.—Upon the completion of the review prescribed in subsection (c), the Secretary shall— 

(A) seek to expand the collection of relevant data in 

States or geographic areas where coverage is currently 

lacking as compared to other States or geographic areas; 

and 

(B) to the maximum extent practicable, develop standards to allow the integration of meteorological or climatological data into the United States Drought Monitor derived 

from— 

(i) in-situ soil moisture profile measuring devices; 

(ii) citizen science (as defined in the Crowdsourcing 

and Citizen Science Act (15 U.S.C. 3724)), including 

data from the Cooperative Observer Program of the 

National Weather Service; and 

(iii) other Federal agencies, State and local governments, and non-Federal entities. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is to be 

authorized to be appropriated to the Secretary to carry out 

this subsection $5,000,000 for each of fiscal years 2019 through 

2023. 

SEC. 12513. DAIRY BUSINESS INNOVATION INITIATIVES. 

(a) DEFINITIONS.—In this section: 

(1) DAIRY BUSINESS.—The term ‘‘dairy business’’ means 

a business that develops, produces, markets, or distributes 

dairy products. 

(2) INITIATIVE.—The term ‘‘initiative’’ means a dairy 

product and business innovation initiative established under 

subsection (b). 

(b) ESTABLISHMENT.—The Secretary shall establish not less 

than 3 regionally-located dairy product and business innovation 

initiatives for the purposes of— 

(1) diversifying dairy product markets to reduce risk and 

develop higher-value uses for dairy products; 

7 USC 1632d. 


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(2) promoting business development that diversifies farmer 

income through processing and marketing innovation; and 

(3) encouraging the use of regional milk production. 

(c) SELECTION OF INITIATIVES.—An initiative— 

(1) shall be positioned to draw on existing dairy industry 

resources, including activities conducted by the National Dairy 

Promotion and Research Board and other dairy promotion entities, research capacity, academic and industry expertise, a density of dairy farms or farmland suitable for dairying, and dairy 

businesses; and 

(2) may serve a certain product niche, such as specialty 

cheese, or serve dairy businesses with dairy products derived 

from the milk of a specific type of dairy animal, including 

dairy products made from cow milk, sheep milk, and goat 

milk. 

(d) ENTITIES ELIGIBLE TO HOST INITIATIVE.— (1) IN GENERAL.—Subject to paragraph (2), any of the following entities may submit to the Secretary an application 

to host an initiative: 

(A) A State department of agriculture or other State 

entity. 

(B) A nonprofit organization. 

(C) An institution of higher education. 

(D) A cooperative extension service. 

(2) CAPACITY OF ELIGIBLE ENTITY.—Any entity described 

in subparagraphs (A) through (D) of paragraph (1) shall be 

eligible to submit an application under that paragraph if the 

entity has— 

(A) a capacity to provide consultation and expertise 

necessary to advance the purpose and activities of the 

proposed initiative; and 

(B) expertise in grant distribution and tracking. 

(3) INELIGIBLE ENTITY.—A dairy promotion program shall 

not be eligible to host an initiative under this section. 

(e) PARTNERS.— (1) IN GENERAL.—An entity described in subsection (d)(1) 

may establish as a partner an organization or entity described 

in paragraph (2)— 

(A) prior to the submission of the application under 

that subsection; or 

(B) after approval of the application, in consultation 

with the Secretary. 

(2) PARTNER DESCRIBED.—A partner under paragraph (1) 

shall be an organization or entity with expertise or experience 

in dairy, including the marketing, research, education, or promotion of dairy. 

(f) ACTIVITIES OF INITIATIVES.— 

(1) DIRECT ASSISTANCE TO DAIRY BUSINESSES.—An initiative 

shall provide nonmonetary assistance directly to dairy 

businesses through private consultation or widely available distribution— 

(A) by the entity that hosts the initiative under subsection (d)(1); 

(B) through contracting with industry experts; 

(C) through the provision of technical assistance, such 

as informational websites, webinars, conferences, trainings, 

plant tours, and field days; or 


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(D) through research institutions, including cooperative 

extension services. 

(2) TYPES OF ASSISTANCE.—Eligible forms of assistance 

include— 

(A) business consulting, including business plan 

development for processed dairy products, strategic planning assistance, and distribution and supply chain innovation; 

(B) marketing and branding assistance, including 

market messaging, packaging innovation, consumer assessments, innovation in emerging market opportunities, and 

evaluation of regional, national, and international markets; 

(C) assistance in product innovation, including the 

development of value-added products, innovation in 

byproduct reprocessing and use maximization, and dairy 

product production training, including in new, rare, or 

innovative techniques; and 

(D) other nonmonetary assistance, as determined by 

the Secretary. 

(3) GRANTS TO DAIRY BUSINESSES.— 

(A) IN GENERAL.—An initiative shall provide grants 

on a competitive basis to new and existing dairy businesses 

for the purposes of— 

(i) modernization, specialization, and grazing 

transition on dairy farms; 

(ii) value chain and commodity innovation and 

facility and process updates for dairy processors; and 

(iii) product development, packaging, and marketing of dairy products. 

(B) GRANTS TO CERTAIN ENTITIES.—An initiative may 

provide a grant on a noncompetitive basis to an entity 

that receives assistance under paragraph (1) to advance 

the business activities recommended as a result of that 

assistance. 

(C) GRANT AMOUNTS.—Grants provided under this 

paragraph shall not exceed $500,000, unless a greater 

amount is approved by the Secretary. 

(4) CONSULTATION.—An entity that hosts an initiative shall 

consult with the National Dairy Promotion and Research Board, 

the Secretary, and the Administrator of the Agricultural Marketing Service in carrying out the initiative. 

(5) CONFLICT OF INTEREST.— 

(A) IN GENERAL.—The Secretary shall establish guidelines and procedures to prevent any conflict of interest 

or the appearance of a conflict of interest by an initiative 

(including a partner of the initiative) during the allocation 

of direct assistance under paragraph (1) or grant funding 

under paragraph (3). 

(B) PENALTY.—The Secretary may suspend or terminate an initiative if the initiative (including a partner 

of the initiative) is found to be in violation of the guidelines 

and procedures established under subparagraph (A). 

(g) DISTRIBUTION OF FUNDS.— 

(1) IN GENERAL.—Using the funds made available to carry 

out this section, the Secretary— 


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(A) shall provide not less than 3 awards to eligible 

entities described in subsection (d) for the purposes of 

carrying out the activities under subsection (f); and 

(B) is encouraged to award funds under subparagraph 

(A) in multiyear funding allocations. 

(2) USE OF FUNDS.—Not less than 50 percent of the funds 

made available under subsection (i) shall be allocated to grants 

under subsection (f)(3). 

(3) PRIORITY.—An entity hosting an initiative shall give 

priority to the provision of direct assistance under subsection 

(f)(1) and grants under subsection (f)(3) to— 

(A) dairy farms and dairy businesses with limited 

access to other forms of assistance; 

(B) employee-owned dairy businesses; 

(C) cooperatives; and 

(D) dairy businesses that seek to create dairy products 

that add substantial value in processing or marketing, 

such as specialty cheeses. 

(4) REQUIREMENT.—Assistance or a grant shall not be made 

available to a foreign person making direct investment (as 

those terms are defined in section 801.2 of title 15, Code of 

Federal Regulations (or successor regulations)) in the United 

States in the case of— 

(A) direct assistance under subsection (f)(1) that is 

provided to a specific dairy business and is not publicly 

available, as determined by the Secretary; or 

(B) a grant under subsection (f)(3). 

(5) SUPPLEMENTATION.—To the extent practicable, the Secretary shall ensure that funds provided to an initiative supplement, and do not duplicate or replace, existing dairy product 

research, development, and promotion activities. 

(h) REPORT.—Not later than January 31, 2022, the Secretary 

shall submit to Congress a report on the outcomes of the program 

under this section and any related activities and opportunities 

to further increase dairy innovation. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $20,000,000 for each 

fiscal year. 

SEC. 12514. REPORT ON FUNDING FOR THE NATIONAL INSTITUTE OF 

FOOD AND AGRICULTURE AND OTHER EXTENSION PROGRAMS. 

(a) IN GENERAL.—Not later than 2 years after the date on 

which the census of agriculture required to be conducted in calendar 

year 2017 under section 2 of the Census of Agriculture Act of 

1997 (7 U.S.C. 2204g) is released, the Secretary shall submit to 

the Committee on Agriculture of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the 

Senate a report that describes the funding necessary to adequately 

address the needs of the National Institute of Food and Agriculture, 

activities carried out under the Smith-Lever Act (7 U.S.C. 341 

et seq.), and research and extension programs carried out at an 

1890 Institution (as defined in section 2 of the Agricultural 

Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 

7601)) or an institution designated under the Act of July 2, 1862 

(commonly known as the ‘‘First Morrill Act’’) (12 Stat. 503, chapter 

130; 7 U.S.C. 301 et seq.), to provide adequate services for the 


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growth and development of the economies of rural communities 

based on the changing demographic in the rural and farming 

communities in the various States. 

(b) REQUIREMENTS.—In preparing the report under subsection 

(a), the Secretary shall focus on the funding needs of the programs 

described in subsection (a) with respect to carrying out activities 

relating to small and diverse farms and ranches, veteran farmers 

and ranchers, value-added agriculture, direct-to-consumer sales, 

and specialty crops. 

SEC. 12515. PROHIBITION ON SLAUGHTER OF DOGS AND CATS FOR 

HUMAN CONSUMPTION. 

(a) IN GENERAL.—Except as provided in subsection (c), no person may— 

(1) knowingly slaughter a dog or cat for human consumption; or 

(2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate— 

(A) a dog or cat to be slaughtered for human consumption; or 

(B) a dog or cat part for human consumption. 

(b) SCOPE.—Subsection (a) shall apply only with respect to 

conduct— 

(1) in or affecting interstate commerce or foreign commerce; 

or 

(2) within the special maritime and territorial jurisdiction 

of the United States. 

(c) EXCEPTION FOR INDIAN TRIBES.—The prohibition in subsection (a) shall not apply to an Indian (as defined in section 

4 of the Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 5304)) carrying out any activity described in subsection 

(a) for the purpose of a religious ceremony. 

(d) PENALTY.—Any person who violates subsection (a) shall 

be subject to a fine in an amount not greater than $5,000 for 

each violation. 

(e) EFFECT ON STATE LAW.—Nothing in this section— 

(1) limits any State or local law or regulation protecting 

the welfare of animals; or 

(2) prevents a State or unit of local government from 

adopting and enforcing an animal welfare law or regulation 

that is more stringent than this section. 

SEC. 12516. LABELING EXEMPTION FOR SINGLE INGREDIENT FOODS 

AND PRODUCTS. 

The food labeling requirements under section 403(q) of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) shall 

not require that the nutrition facts label of any single-ingredient 

sugar, honey, agave, or syrup, including maple syrup, that is packaged and offered for sale as a single-ingredient food bear the declaration ‘‘Includes X g Added Sugars.’’. 

SEC. 12517. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA PEANUT PRODUCING REGION. 

Section 1308(c)(2)(B)(iii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by striking 

‘‘Virginia and North Carolina’’ and inserting ‘‘Virginia, North Carolina, and South Carolina’’. 

21 USC 343 note. 

7 USC 2160. 


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SEC. 12518. FOREST SERVICE HIRE AUTHORITY. 

(a) IN GENERAL.—The Secretary of Agriculture may appoint, 

without regard to the provisions of subchapter I of chapter 33 

of title 5, United States Code, other than sections 3303 and 3328 

of such title, a qualified candidate described in subsection (b) 

directly to a position with the Department of Agriculture, Forest 

Service for which the candidate meets Office of Personnel Management qualification standards. 

(b) QUALIFICATIONS.—Subsection (a) applies to a former 

resource assistant (as defined in section 203 of the Public Land 

Corps Act (16 U.S.C. 1722)) who— 

(1) completed a rigorous internship with a land managing 

agency, such as the Forest Service Resource Assistant Program; 

(2) successfully fulfilled the requirements of the internship 

program; and 

(3) earned an undergraduate or graduate degree from an 

accredited institution of higher education (as defined in section 

101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). 

(c) LIMITATION.—The direct hire authority under this section 

may not be exercised with respect to a specific qualified candidate 

after the end of the 2-year period beginning on the date on which 

the candidate completed the undergraduate or graduate degree, 

as the case may be, or has successfully fulfilled the requirements 

of the internship program, whichever is later. 

SEC. 12519. CONVERSION AUTHORITY. 

The Secretary may, notwithstanding subchapter I of chapter 

33 of title 5, United States Code, governing appointments in the 

competitive or excepted service, noncompetitively convert to an 

appointment in the competitive service, in an agency or office within 

the Department of Agriculture, a recent graduate or student who 

is a United States citizen and has been awarded and successfully 

completed a scholarship program granted to the individual by the 

Department through the 1890 National Scholars Program or the 

1994 Tribal Scholars Program carried out by the Department, provided the individual meets the requirements for such conversion 

and meets Office of Personnel Management qualification standards, 

as determined by the Secretary. Nothing in the preceding sentence 

shall be construed as requiring the Secretary to convert an individual under the authority under such sentence. 

SEC. 12520. AUTHORIZATION OF PROTECTION OPERATIONS FOR THE 

SECRETARY OF AGRICULTURE AND OTHERS. 

(a) IN GENERAL.—The Department of Agriculture is authorized 

to employ qualified law enforcement officers or special agents to 

provide— 

(1) protection for the Secretary and the Deputy Secretary 

during the performance of official duties by each such officer 

and during any activity that is preliminary or postliminary 

to the performance of official duties by each such officer; 

(2) protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such 

officer who is participating in an activity or event relating 

to the official duties of each such officer when there is an 

articulable threat to such individual; 

(3) continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph 

7 USC 2279k. 

7 USC 2279j. 

16 USC 1725b. 


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(1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and 

(4) protection of another senior officer representing the 

Secretary (including a person nominated to be the Secretary 

during the pendency of such nomination) if there is an 

articulable threat of physical harm, in accordance with guidelines established by the Secretary. 

(b) AUTHORITIES OF THE PROTECTIVE OPERATION.— (1) IN GENERAL.—The Secretary may authorize officers or 

special agents employed pursuant to subsection (a)— 

(A) to carry firearms; 

(B) to conduct criminal investigations into potential 

threats to the security of persons protected under this 

section; 

(C) to make arrests without a warrant for any offense 

against the United States committed in the presence of 

such officer or special agent; 

(D) to perform protective intelligence work, including 

identifying and mitigating potential threats and conducting 

advance work to review security matters relating to sites 

and events; and 

(E) to coordinate with local law enforcement agencies. 

(2) GUIDELINES.—The authority conveyed under this section 

shall be exercised in accordance with any— 

(A) guidelines issued by the Attorney General; and 

(B) such additional guidelines as may be issued by 

the Secretary. 

(c) EXCEPTION.—The authorities granted under this section may 

be exercised notwithstanding section 1343(b)(1) of title 31, United 

States Code. 

(d) REPORT.—Not later than September 30, 2019, and each 

September 30 through 2024, the Secretary shall provide to the 

Committee on Agriculture of the House of Representatives and 

Committee on Agriculture, Nutrition, and Forestry of the Senate 

a report describing the protection provided, and accounting for 

the expenditures made, pursuant to this section. 

PART II—NATIONAL OILHEAT RESEARCH 

ALLIANCE 

SEC. 12531. NATIONAL OILHEAT RESEARCH ALLIANCE. 

(a) IN GENERAL.—Section 713 of the National Oilheat Research 

Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) 

is amended by striking ‘‘18 years’’ and inserting ‘‘28 years’’. 

(b) LIMITATION ON OBLIGATIONS OF FUNDS.—The National 

Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public 

Law 106–469) is amended by inserting after section 707 the following: 

‘‘SEC. 708. LIMITATION ON OBLIGATION OF FUNDS. 

‘‘(a) IN GENERAL.—In each calendar year of the covered period, 

the Alliance may not obligate an amount greater than the sum 

of— 

‘‘(1) 75 percent of the amount of assessments estimated 

to be collected under section 707 in that calendar year; 

‘‘(2) 75 percent of the amount of assessments actually collected under section 707 in the most recent calendar year 


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for which an audit report has been submitted under section 

706(f)(2)(B) as of the beginning of the calendar year for which 

the amount that may be obligated is being determined, less 

the estimate made pursuant to paragraph (1) for that most 

recent calendar year; and 

‘‘(3) amounts permitted in preceding calendar years to be 

obligated pursuant to this subsection that have not been obligated. 

‘‘(b) EXCESS AMOUNTS DEPOSITED IN ESCROW ACCOUNT.— Assessments collected under section 707 in excess of the amount 

permitted to be obligated under subsection (a) in a calendar year 

shall be deposited in an escrow account for the duration of the 

covered period. 

‘‘(c) TREATMENT OF AMOUNTS IN ESCROW ACCOUNT.— ‘‘(1) IN GENERAL.—During the covered period, the Alliance 

may not obligate, expend, or borrow against amounts required 

under subsection (b) to be deposited in the escrow account. 

‘‘(2) INTEREST.—Any interest earned on amounts described 

in paragraph (1) shall be— 

‘‘(A) deposited in the escrow account; and 

‘‘(B) unavailable for obligation for the duration of the 

covered period. 

‘‘(d) RELEASE OF AMOUNTS IN ESCROW ACCOUNT.—Beginning 

on October 1, 2028, the Alliance may withdraw and obligate any 

amount in the escrow account. 

‘‘(e) COVERED PERIOD DEFINED.—In this section, the term ‘covered period’ means the period that begins on February 6, 2019, 

and ends on September 30, 2028.’’. 

(c) CONFORMING AMENDMENTS.—The National Oilheat Research 

Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) 

is amended— 

(1) in section 706(d)(1), by striking ‘‘not exceed 7 percent 

of the amount of assessments collected in any calendar year, 

except that during the first year of operation of the Alliance 

such expenses and amounts shall not exceed 10 percent of 

the amount of assessments’’ and inserting ‘‘not exceed 7 percent 

of the amount of assessments collected in any calendar year 

that are permitted to be obligated in that calendar year’’; and 

(2) in section 707— 

(A) in subsection (e), by inserting ‘‘that are permitted 

to be obligated’’ after ‘‘amount of assessments collected 

in the State’’ each place it appears; and 

(B) in subsection (f), by inserting ‘‘and permitted to 

be obligated’’ after ‘‘assessments collected’’ each place it 

appears. 

Subtitle F—General Provisions 

SEC. 12601. BAITING OF MIGRATORY GAME BIRDS. 

(a) DEFINITIONS.—In this section: 

(1) NORMAL AGRICULTURAL OPERATION.—The term ‘‘normal 

agricultural operation’’ has the meaning given the term in 

section 20.11 of title 50, Code of Federal Regulations (as in 

effect on the date of enactment of this Act). 

(2) POST-DISASTER FLOODING.—The term ‘‘post-disaster 

flooding’’ means the destruction of a crop through flooding 

16 USC 704 note. 


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in accordance with practices required by the Federal Crop 

Insurance Corporation for agricultural producers to obtain crop 

insurance under the Federal Crop Insurance Act (7 U.S.C. 

1501 et seq.) on land on which a crop was not harvestable 

due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, 

earthquake, volcanic eruption, landslide, mudslide, drought, 

fire, snowstorm, or other catastrophe that is declared a major 

disaster by the President in accordance with section 401 of 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) in the crop year— 

(A) in which the natural disaster occurred; or 

(B) immediately preceding the crop year in which the 

natural disaster occurred. 

(3) RICE RATOONING.—The term ‘‘rice ratooning’’ means 

the agricultural practice of harvesting rice by cutting the 

majority of the aboveground portion of the rice plant but leaving 

the roots and growing shoot apices intact to allow the plant 

to recover and produce a second crop yield. 

(b) REGULATIONS TO EXCLUDE RICE RATOONING AND POST-DISASTER FLOODING.—Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, in consultation 

with the Secretary of Agriculture, shall revise part 20 of title 

50, Code of Federal Regulations, to clarify that rice ratooning and 

post-disaster flooding, when carried out as part of a normal agricultural operation, do not constitute baiting. 

(c) REPORTS.—Not less frequently than once each year— 

(1) the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to 

normal agricultural operations across the range of crops grown 

by agricultural producers in each region of the United States 

in which the official recommendations described in section 

20.11(h) of title 50, Code of Federal Regulations (as in effect 

on the date of enactment of this Act), are provided to agricultural producers; and 

(2) the Secretary of the Interior, in consultation with the 

Secretary of Agriculture and after seeking input from the heads 

of State departments of fish and wildlife or the Regional Migratory Bird Flyway Councils of the United States Fish and Wildlife Service, shall publicly post a report on the impact that 

rice ratooning and post-disaster flooding have on the behavior 

of migratory game birds that are hunted in the area in which 

rice ratooning and post-disaster flooding, respectively, have 

occurred. 

SEC. 12602. PIMA AGRICULTURE COTTON TRUST FUND. 

Section 12314 of the Agricultural Act of 2014 (7 U.S.C. 2101 

note; Public Law 113–79) is amended— 

(1) by striking ‘‘2018’’ each place it appears and inserting 

‘‘2023’’; 

(2) by striking ‘‘calendar year 2013’’ each place it appears 

and inserting ‘‘the prior calendar year’’; 

(3) in subsection (b)(2)— 

(A) by redesignating subparagraphs (A) and (B) as 

clauses (i) and (ii), respectively; 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 5005 

(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘(2) Twenty-five’’ and inserting the following: 

‘‘(2)(A) Except as provided in subparagraph (B), twentyfive’’; 

(C) in subparagraph (A)(ii) (as so designated), by 

striking ‘‘subparagraph (A)’’ and inserting ‘‘clause (i)’’; and 

(D) by adding at the end the following: 

‘‘(B)(i) A yarn spinner shall not receive an amount under 

subparagraph (A) that exceeds the cost of pima cotton that— 

‘‘(I) was purchased during the prior calendar year; 

and 

‘‘(II) was used in spinning any cotton yarns. 

‘‘(ii) The Secretary shall reallocate any amounts reduced 

by reason of the limitation under clause (i) to spinners using 

the ratio described in subparagraph (A), disregarding production of any spinner subject to that limitation.’’; 

(4) in subsection (c)— 

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

‘‘(b)(2)(A)’’ and inserting ‘‘(b)(2)(A)(i)’’; 

(B) in paragraph (2), by striking ‘‘and’’ at the end; 

(C) in paragraph (3), by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(4) the dollar amount of pima cotton purchased during 

the prior calendar year— 

‘‘(A) that was used in spinning any cotton yarns; and 

‘‘(B) for which the producer maintains supporting documentation.’’; 

(5) in subsection (e)— 

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

‘‘by the Secretary—’’ and inserting ‘‘by the Secretary not 

later than March 15 of the applicable calendar year.’’; and 

(B) by striking paragraphs (1) and (2); and 

(6) in subsection (f), by striking ‘‘subsection (b)—’’ in the 

matter preceding paragraph (1) and all that follows through 

‘‘not later than’’ in paragraph (2) and inserting ‘‘subsection 

(b) not later than’’. 

SEC. 12603. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST 

FUND. 

Section 12315 of the Agricultural Act of 2014 (7 U.S.C. 7101 

note; Public Law 113–79) is amended— 

(1) by striking ‘‘2019’’ each place it appears and inserting 

‘‘2023’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘the payment—’’ and inserting ‘‘the payment, payments in amounts authorized under that 

paragraph.’’; and 

(II) by striking clauses (i) and (ii); and 

(ii) in subparagraph (B)— 


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132 STAT. 5006 PUBLIC LAW 115–334—DEC. 20, 2018 

(I) in the matter preceding clause (i), by 

striking ‘‘4002(c)—’’ and inserting ‘‘4002(c), payments in amounts authorized under that paragraph.’’; and 

(II) by striking clauses (i) and (ii); and 

(B) in paragraph (2), by striking ‘‘submitted—’’ in the 

matter preceding subparagraph (A) and all that follows 

through ‘‘to the Secretary’’ in subparagraph (B) and 

inserting ‘‘submitted to the Secretary’’; and 

(3) in subsection (c)— 

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

‘‘subsection (b)—’’ and inserting ‘‘subsection (b) not later 

than April 15 of the year of the payment.’’; and 

(B) by striking paragraphs (1) and (2). 

SEC. 12604. WOOL RESEARCH AND PROMOTION. 

Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C. 

7101 note; Public Law 113–79) is amended by striking ‘‘2015 

through 2019’’ and inserting ‘‘2019 through 2023’’. 

SEC. 12605. EMERGENCY CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND. 

(a) DEFINITION OF CITRUS.—In this section, the term ‘‘citrus’’ 

means edible fruit of the family Rutaceae, including any hybrid 

of that fruit and any product of that hybrid that is produced 

for commercial purposes in the United States. 

(b) ESTABLISHMENT OF TRUST FUND.—There is established in 

the Treasury of the United States a trust fund, to be known as 

the Emergency Citrus Disease Research and Development Trust 

Fund (referred to in this section as the ‘‘Citrus Trust Fund’’), 

consisting of such amounts as shall be transferred to the Citrus 

Trust Fund pursuant to subsection (d). 

(c) USE OF FUND.—From amounts in the Citrus Trust Fund, 

the Secretary shall, beginning in fiscal year 2019, carry out the 

Emergency Citrus Disease Research and Extension Program in 

section 412(j) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(j)). 

(d) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Citrus Trust Fund 

$25,000,000 for each of fiscal years 2019 through 2023, to remain 

available until expended. 

SEC. 12606. EXTENSION OF MERCHANDISE PROCESSING FEES. 

Section 503 of the United States–Korea Free Trade Agreement 

Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) 

is amended by striking ‘‘February 24, 2027’’ and inserting ‘‘May 

26, 2027’’. 

SEC. 12607. REPORTS ON LAND ACCESS AND FARMLAND OWNERSHIP 

DATA COLLECTION. 

(a) LAND ACCESS.—Not later than 1 year after the date of 

enactment of this Act, the Secretary of Agriculture, in consultation 

with the Chief Economist, shall submit to Congress and make 

publicly available a report identifying— 

(1) the barriers that prevent or hinder the ability of beginning farmers and ranchers (as defined in section 2501(a) of 

the Food, Agriculture, Conservation, and Trade Act of 1990 

(7 U.S.C. 2279(a))) and socially disadvantaged farmers and 

7 USC 2204i. 

7 USC 7632 note. 


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ranchers (as defined in such section) to acquire or access farmland; 

(2) the extent to which Federal programs, including agricultural conservation easement programs, land transition programs, and financing programs, are improving— 

(A) farmland access and tenure for beginning farmers 

and ranchers and socially disadvantaged farmers and 

ranchers; and 

(B) farmland transition and succession; and 

(3) the regulatory, operational, or statutory changes that 

are necessary to improve— 

(A) the ability of beginning farmers and ranchers and 

socially disadvantaged farmers and ranchers to acquire 

or access farmland; 

(B) farmland tenure for beginning farmers and 

ranchers and socially disadvantaged farmers and ranchers; 

and 

(C) farmland transition and succession. 

(b) FARMLAND OWNERSHIP.—The Secretary shall collect and, 

not less frequently than once every 3 years report, data and analysis 

on farmland ownership, tenure, transition, and entry of beginning 

farmers and ranchers and socially disadvantaged farmers and 

ranchers (as those terms are defined in section 2501(a) of the 

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

2279(a))). In carrying out this subsection, the Secretary shall, at 

a minimum— 

(1) collect and distribute comprehensive reporting of trends 

in farmland ownership, tenure, transition, barriers to entry, 

profitability, and viability of beginning farmers and ranchers 

and socially disadvantaged farmers and ranchers; 

(2) develop surveys and report statistical and economic 

analysis on farmland ownership, tenure, transition, barriers 

to entry, profitability, and viability of beginning farmers and 

ranchers, including a regular follow-on survey to each Census 

of Agriculture with results of the follow-on survey made public 

not later than 3 years after the previous Census of Agriculture; 

and 

(3) require the National Agricultural Statistics Service to 

include in the Tenure, Ownership, and Transition of Agricultural Land survey questions relating to— 

(A) the extent to which non-farming landowners are 

purchasing and holding onto farmland for the sole purpose 

of real estate investment; 

(B) the impact of these farmland ownership trends 

on the successful entry and viability of beginning farmers 

and ranchers and socially disadvantaged farmers and 

ranchers; 

(C) the extent to which farm and ranch land with 

undivided interests and no administrative authority identified have farms or ranches operating on that land; and 

(D) the impact of land tenure patterns, categorized 

by— 

(i) race, gender, and ethnicity; and 

(ii) region. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $3,000,000 for each 

fiscal years 2019 through 2023, to remain available until expended. 


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132 STAT. 5008 PUBLIC LAW 115–334—DEC. 20, 2018 

SEC. 12608. REAUTHORIZATION OF RURAL EMERGENCY MEDICAL 

SERVICES TRAINING AND EQUIPMENT ASSISTANCE PROGRAM. 

Section 330J of the Public Health Service Act (42 U.S.C. 254c– 

15) is amended— 

(1) in subsection (a), by striking ‘‘in rural areas’’ and 

inserting ‘‘in rural areas or to residents of rural areas’’; 

(2) by striking subsections (b) through (f) and inserting 

the following: 

‘‘(b) ELIGIBILITY; APPLICATION.—To be eligible to receive grant 

under this section, an entity shall— 

‘‘(1) be— 

‘‘(A) an emergency medical services agency operated 

by a local or tribal government (including fire-based and 

non-fire based); or 

‘‘(B) an emergency medical services agency that is 

described in section 501(c) of the Internal Revenue Code 

of 1986 and exempt from tax under section 501(a) of such 

Code; and 

‘‘(2) submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary may require. 

‘‘(c) USE OF FUNDS.—An entity— 

‘‘(1) shall use amounts received through a grant under 

subsection (a) to— 

‘‘(A) train emergency medical services personnel as 

appropriate to obtain and maintain licenses and certifications relevant to service in an emergency medical services 

agency described in subsection (b)(1); 

‘‘(B) conduct courses that qualify graduates to serve 

in an emergency medical services agency described in subsection (b)(1) in accordance with State and local requirements; 

‘‘(C) fund specific training to meet Federal or State 

licensing or certification requirements; and 

‘‘(D) acquire emergency medical services equipment; 

and 

‘‘(2) may use amounts received through a grant under 

subsection (a) to— 

‘‘(A) recruit and retain emergency medical services personnel, which may include volunteer personnel; 

‘‘(B) develop new ways to educate emergency health 

care providers through the use of technology-enhanced educational methods; or 

‘‘(C) acquire personal protective equipment for emergency medical services personnel as required by the 

Occupational Safety and Health Administration. 

‘‘(d) GRANT AMOUNTS.—Each grant awarded under this section 

shall be in an amount not to exceed $200,000. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘emergency medical services’— 

‘‘(A) means resources used by a public or private nonprofit licensed entity to deliver medical care outside of 

a medical facility under emergency conditions that occur 

as a result of the condition of the patient; and 


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‘‘(B) includes services delivered (either on a compensated or volunteer basis) by an emergency medical services provider or other provider that is licensed or certified 

by the State involved as an emergency medical technician, 

a paramedic, or an equivalent professional (as determined 

by the State). 

‘‘(2) The term ‘rural area’ means— 

‘‘(A) a nonmetropolitan statistical area; 

‘‘(B) an area designated as a rural area by any law 

or regulation of a State; or 

‘‘(C) a rural census tract of a metropolitan statistical 

area (as determined under the most recent rural urban 

commuting area code as set forth by the Office of Management and Budget). 

‘‘(f) MATCHING REQUIREMENT.—The Secretary may not award 

a grant under this section to an entity unless the entity agrees 

that the entity will make available (directly or through contributions 

from other public or private entities) non-Federal contributions 

toward the activities to be carried out under the grant in an 

amount equal to 10 percent of the amount received under the 

grant.’’; and 

(3) in subsection (g)(1), by striking ‘‘2002 through 2006’’ 

and inserting ‘‘2019 through 2023’’. 

SEC. 12609. COMMISSION ON FARM TRANSITIONS—NEEDS FOR 2050. 

(a) ESTABLISHMENT.—There is established a commission to be 

known as the Commission on Farm Transitions–Needs for 2050 

(referred to in this section as the ‘‘Commission’’). 

(b) STUDY.—The Commission shall conduct a study on issues 

impacting the transition of agricultural operations from established 

farmers and ranchers to the next generation of farmers and 

ranchers, including— 

(1) access to, and availability of— 

(A) quality land and necessary infrastructure; 

(B) affordable credit; 

(C) adequate risk management tools; and 

(D) apprenticeship and mentorship programs; 

(2) agricultural asset transfer strategies in use as of the 

date of the enactment of this Act and improvements to such 

strategies; 

(3) incentives that may facilitate agricultural asset transfers to the next generation of farmers and ranchers, including 

an assessment of, and recommendations for, how existing and 

new Federal tax policies— 

(A) facilitate lifetime and estate transfers; and 

(B) impact individuals seeking to farm who do not 

have family farm lineage or access to farmland; 

(4) the causes of the failures of such transitions, if any; 

and 

(5) the effectiveness of programs and incentives providing 

assistance with respect to such transitions in effect on the 

date of the enactment of this Act and opportunities for the 

revision or improvement of such programs. 

(c) MEMBERSHIP.— 

(1) COMPOSITION.—The Commission shall be composed of 

10 members, as follows: 

(A) 3 members appointed by the Secretary. 


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132 STAT. 5010 PUBLIC LAW 115–334—DEC. 20, 2018 

(B) 3 members appointed by the Committee on Agriculture, Nutrition, and Forestry of the Senate. 

(C) 3 members appointed by the Committee on Agriculture of the House of Representatives. 

(D) The Chief Economist of the Department of Agriculture. 

(2) FEDERAL GOVERNMENT EMPLOYMENT.—In addition to 

the Chief Economist of the Department of Agriculture, the 

membership of the Commission may include 1 or more 

employees of the Department of Agriculture or other Federal 

agencies. 

(3) DATE OF APPOINTMENTS.—The appointment of all members of the Commission shall be made not later than 60 days 

after the date of enactment of this Act. 

(4) TERM; VACANCIES.— 

(A) TERM.—A member shall be appointed for the life 

of the Commission. 

(B) VACANCIES.—A vacancy on the Commission— 

(i) shall not affect the powers of the Commission; 

and 

(ii) shall be filled in the same manner as the 

original appointment was made. 

(5) INITIAL MEETING.—Not later than 30 days after the 

date on which all members of the Commission have been 

appointed, the Commission shall hold the initial meeting of 

the Commission. 

(d) QUORUM.—A majority of the members of the Commission 

shall constitute a quorum for the transaction of business, but a 

lesser number of members may hold hearings. 

(e) CHAIRPERSON.—The Secretary shall appoint 1 of the members of the Commission to serve as Chairperson of the Commission. 

(f) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Commission shall submit to the President, the 

Committee on Agriculture of the House of Representatives, and 

the Committee on Agriculture, Nutrition, and Forestry of the Senate 

a report containing the results of the study required by subsection 

(b), including such recommendations as the Commission considers 

appropriate. 

(g) HEARINGS.—The Commission may hold such hearings, meet 

and act at such times and places, take such testimony, and receive 

such evidence as the Commission considers advisable to carry out 

this section. 

(h) INFORMATION FROM FEDERAL AGENCIES.—The Commission 

may secure directly from a Federal agency such information as 

the Commission considers necessary to carry out this section. On 

request of the Chairperson of the Commission, the head of the 

agency shall provide the information to the Commission. 

(i) POSTAL SERVICES.—The Commission may use the United 

States mail in the same manner and under the same conditions 

as other agencies of the Federal Government. 

(j) ASSISTANCE FROM SECRETARY.—The Secretary may provide 

to the Commission appropriate office space and such reasonable 

administrative and support services as the Commission may 

request. 

(k) COMPENSATION OF MEMBERS.— 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 5011 

(1) NON-FEDERAL EMPLOYEES.—A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV 

of the Executive Schedule under section 5315 of title 5, United 

States Code, for each day (including travel time) during which 

the member is engaged in the performance of the duties of 

the Commission. 

(2) FEDERAL EMPLOYEES.—A member of the Commission 

who is an officer or employee of the Federal Government shall 

serve without compensation in addition to the compensation 

received for the services of the member as an officer or employee 

of the Federal Government. 

(3) TRAVEL EXPENSES.—A member of the Commission shall 

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under 

subchapter I of chapter 57 of title 5, United States Code, 

while away from the home or regular place of business of 

the member in the performance of the duties of the Commission. 

(l) FEDERAL ADVISORY COMMITTEE ACT.—Sections 9 and 14 

of the Federal Advisory Committee Act (5 U.S.C. App.) shall not 

apply to the Commission or any proceeding of the Commission. 

(m) TERMINATION.—The Commission shall terminate on September 30, 2023. 

SEC. 12610. EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS 

ACT. 

(a) GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.—Section 

7 of the United States Grain Standards Act (7 U.S.C. 79) is 

amended— 

(1) in subsection (f)(2)— 

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

as clauses (i), (iii), and (iv), respectively, and indenting 

appropriately; 

(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘Not more’’ and inserting the following: 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), not 

more’’; 

(C) in subparagraph (A) (as so designated), in the 

matter preceding clause (i) (as so redesignated), by striking 

‘‘Secretary, except that, if’’ and inserting the following: 

‘‘Secretary. 

‘‘(B) EXCEPTIONS.—Subject to subsection (g)(4)(A), if’’; 

(D) in subparagraph (B) (as so designated), by inserting 

after clause (i) the following: 

‘‘(ii) a person requesting inspection services in that 

geographic area has not been receiving official inspection services from the current designated official 

agency for that geographic area;’’; and 

(E) by adding at the end the following: 

‘‘(C) TERMINATION OF NONUSE OF SERVICE EXCEPTION.— 

The exception under subparagraph (B)(ii) may only be 

terminated if all parties to that exception jointly agree 

on the termination, unless terminated according to subsection (g)(4)(A). 

‘‘(D) RESTORATION OF CERTAIN EXCEPTIONS.— 


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‘‘(i) DEFINITION OF ELIGIBLE GRAIN HANDLING

FACILITY.—In this subparagraph, the term ‘eligible 

grain handling facility’ means a grain handling facility 

that— 

‘‘(I) was granted an exception under the final 

rule entitled ‘Exceptions to Geographic Areas for 

Official Agencies Under the USGSA’ (68 Fed. Reg. 

19137 (April 18, 2003)); and 

‘‘(II) had that exception revoked between September 30, 2015, and the date of enactment of 

the Agriculture Improvement Act of 2018. 

‘‘(ii) RESTORATION OF EXCEPTIONS.—Within 90 days 

of notification from an eligible grain handling facility, 

the Secretary shall restore an exception described in 

clause (i)(I) with an official agency if— 

‘‘(I) the eligible grain handling facility and 

the former excepted official agency agree to restore 

that exception; and 

‘‘(II) the eligible grain handling facility notifies 

the Secretary of the preferred date for restoration 

of the exception within 90 days of enactment of 

the Agriculture Improvement Act of 2018.’’; and 

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

‘‘(4) EFFECT ON EXCEPTIONS.— 

‘‘(A) IN GENERAL.—The exceptions under clauses (ii) 

and (iv) of subsection (f)(2)(B) shall not apply if the designation of an official agency is terminated, pursuant to paragraph (1). 

‘‘(B) DESIGNATION RENEWED OR RESTORED.—If the designation of an official agency is renewed or restored after 

being terminated under paragraph (1), the Secretary may 

renew or restore the exceptions under subsection (f)(2)(B) 

in accordance with that subsection.’’. 

(b) UNAUTHORIZED WEIGHING PROHIBITED.—Section 7A(i)(2) of 

the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is 

amended— 

(1) by redesignating subparagraphs (A) and (B) as clauses 

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

(2) in the matter preceding clause (i) (as so redesignated), 

by striking ‘‘Not more’’ and inserting the following: 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), not 

more’’; 

(3) in subparagraph (A) (as so designated), in the matter 

preceding clause (i) (as so redesignated), by striking ‘‘Secretary, 

except that, if’’ and inserting the following: ‘‘Secretary. 

‘‘(B) EXCEPTIONS.—If’’; 

(4) in subparagraph (B) (as so designated)— 

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

(B) by inserting after clause (i) the following: 

‘‘(ii) a person requesting weighing services in that 

geographic area has not been receiving official 

weighing services from the current designated official 

agency for that geographic area; or’’; and 

(5) by adding after subparagraph (B) (as so designated)— 

‘‘(C) RESTORATION OF CERTAIN EXCEPTIONS.— ‘‘(i) DEFINITION OF ELIGIBLE GRAIN HANDLING

FACILITY.—In this subparagraph, the term ‘eligible 


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grain handling facility’ means a grain handling facility 

that— 

‘‘(I) was granted an exception under the final 

rule entitled ‘Exceptions to Geographic Areas for 

Official Agencies Under the USGSA’ (68 Fed. Reg. 

19137 (April 18, 2003)); and 

‘‘(II) had that exception revoked between September 30, 2015 and the date of enactment of 

the Agriculture Improvement Act of 2018. 

‘‘(ii) RESTORATION OF EXCEPTIONS.—Within 90 days 

of notification from an eligible grain handling facility, 

the Secretary shall restore an exception described in 

clause (i)(I) with an official agency if— 

‘‘(I) the eligible grain handling facility and 

the former excepted official agency agree to restore 

that exception; and 

‘‘(II) the eligible grain handling facility notifies 

the Secretary of the preferred date for restoration 

of the exception within 90 days of enactment of 

the Agriculture Improvement Act of 2018.’’. 

(c) TECHNICAL CORRECTION.—Section 7(f)(1) of the United 

States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended by 

indenting subparagraph (C) appropriately. 

SEC. 12611. CONFERENCE REPORT REQUIREMENT THRESHOLD. 

Section 14209(a)(3)(A) of the Food, Conservation, and Energy 

Act of 2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by striking 

‘‘$10,000’’ and inserting ‘‘$50,000’’. 

SEC. 12612. NATIONAL AGRICULTURE IMAGERY PROGRAM. 

(a) IN GENERAL.—The Secretary of Agriculture, acting through 

the Administrator of the Farm Service Agency, shall carry out 

a national agriculture imagery program to annually acquire aerial 

imagery during agricultural growing seasons from the continental 

United States. 

(b) DATA.—The aerial imagery acquired under this section 

shall— 

(1) consist of high resolution processed digital imagery; 

(2) be made available in a format that can be provided 

to Federal, State, and private sector entities; 

(3) be technologically compatible with geospatial information technology; and 

(4) be consistent with the standards established by the 

Federal Geographic Data Committee. 

(c) SUPPLEMENTAL SATELLITE IMAGERY.—The Secretary of Agriculture may supplement the aerial imagery collected under this 

section with satellite imagery. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $23,000,000 for fiscal 

year 2019 and each fiscal year thereafter. 

SEC. 12613. REPORT ON INCLUSION OF NATURAL STONE PRODUCTS 

IN COMMODITY PROMOTION, RESEARCH, AND INFORMATION ACT OF 1996. 

Not later than 180 days after the date of the enactment of 

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

on Agriculture of the House of Representatives and the Committee 

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

7 USC 2204j. 


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examining the effect the establishment of a Natural Stone Research 

and Promotion Board pursuant to the Commodity Promotion, 

Research, and Information Act of 1996 (7 U.S.C. 7401 et seq.) 

would have on the natural stone industry, including how such 

a program would effect— 

(1) research conducted on, and the promotion of, natural 

stone; 

(2) the development and expansion of domestic markets 

for natural stone; 

(3) economic activity of the natural stone industry subject 

to such a Board; 

(4) economic development in rural areas; and 

(5) benefits to consumers in the United States of natural 

stone products. 

SEC. 12614. ESTABLISHMENT OF FOOD ACCESS LIAISON. 

(a) IN GENERAL.—Subtitle A of the Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended 

by sections 12202, 12302, 12403, and 12504, is amended by adding 

at the end the following: 

‘‘SEC. 225. FOOD ACCESS LIAISON. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish the position of Food Access Liaison to coordinate Department programs 

to reduce barriers to food access and monitor and evaluate the 

progress of such programs in accordance with this section. 

‘‘(b) DUTIES.—The Food Access Liaison shall— 

‘‘(1) coordinate the efforts of the Department, including 

regional offices, to experiment and consider programs and policies aimed at reducing barriers to food access for consumers, 

including but not limited to participants in nutrition assistance 

programs; 

‘‘(2) provide outreach to entities engaged in activities to 

reduce barriers to food access in accordance with the statutory 

authorization for each program; 

‘‘(3) provide outreach to entities engaged in activities to 

reduce barriers to food access, including retailers, markets, 

producers, and others involved in food production and distribution, with respect to the availability of, and eligibility for, 

Department programs; 

‘‘(4) raise awareness of food access issues in interactions 

with employees of the Department; 

‘‘(5) make recommendations to the Secretary with respect 

to efforts to reduce barriers to food access; and 

‘‘(6) submit to Congress an annual report with respect 

to the efforts of the Department to reduce barriers to food 

access.’’. 

(b) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to entities that are participants, or seek to participate, in Department of Agriculture programs related to reduction 

of barriers to food access. 

SEC. 12615. ELIGIBILITY FOR OPERATORS ON HEIRS PROPERTY LAND 

TO OBTAIN A FARM NUMBER. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE DOCUMENTATION.—The term ‘‘eligible documentation’’, with respect to land for which a farm operator 

7 USC 6622b. 

7 USC 6925 note. 

7 USC 6925. 


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seeks assignment of a farm number under subsection (b)(1), 

includes— 

(A) in States that have adopted a statute consisting 

of an enactment or adoption of the Uniform Partition of 

Heirs Property Act, as approved and recommended for 

enactment in all States by the National Conference of 

Commissioners on Uniform State Laws in 2010— 

(i) a court order verifying the land meets the definition of heirs property (as defined in that Act); or 

(ii) a certification from the local recorder of deeds 

that the recorded owner of the land is deceased and 

not less than 1 heir of the recorded owner of the 

land has initiated a procedure to retitle the land in 

the name of the rightful heir; 

(B) a fully executed, unrecorded tenancy-in-common 

agreement that sets out ownership rights and responsibilities among all of the owners of the land that— 

(i) has been approved by a majority of the ownership interests in that property; 

(ii) has given a particular owner the right to manage and control any portion or all of the land for 

purposes of operating a farm or ranch; and 

(iii) was validly entered into under the authority 

of the jurisdiction in which the land is located; 

(C) the tax return of a farm operator farming a property with undivided interests for each of the 5 years preceding the date on which the farm operator submits the 

tax returns as eligible documentation under subsection (b); 

(D) self-certification that the farm operator has control 

of the land for purposes of operating a farm or ranch; 

and 

(E) any other documentation identified by the Secretary under subsection (c). 

(2) FARM NUMBER.—The term ‘‘farm number’’ has the 

meaning given the term in section 718.2 of title 7, Code of 

Federal Regulations (as in effect on the date of enactment 

of this Act). 

(b) FARM NUMBER.— 

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

assignment of a farm number to any farm operator who provides any form of eligible documentation for purposes of demonstrating that the farm operator has control of the land for 

purposes of defining that land as a farm. 

(2) ELIGIBILITY.—Any farm number provided under paragraph (1) shall be sufficient to satisfy any requirement of the 

Secretary to have a farm number to participate in a program 

of the Secretary. 

(c) ELIGIBLE DOCUMENTATION.—The Secretary shall identify 

alternative forms of eligible documentation that a farm operator 

may provide in seeking the assignment of a farm number under 

subsection (b)(1). 

SEC. 12616. EXTENDING PROHIBITION ON ANIMAL FIGHTING TO THE 

TERRITORIES. 

(a) IN GENERAL.—Section 26 of the Animal Welfare Act (7 

U.S.C. 2156) is amended— 

(1) in subsection (a)— 


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132 STAT. 5016 PUBLIC LAW 115–334—DEC. 20, 2018 

(A) in paragraph (1), by striking ‘‘Except as provided 

in paragraph (3), it’’ and inserting ‘‘It’’; and 

(B) by striking paragraph (3); 

(2) by striking subsection (d); and 

(3) by redesignating subsections (e), (f), (g), (h), (i), and 

(j) as subsections (d), (e), (f), (g), (h), and (i), respectively. 

(b) USE OF POSTAL SERVICE OR OTHER INTERSTATE INSTRUMEN- TALITIES.—Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) 

is amended by striking ‘‘(e)’’ and inserting ‘‘(d)’’. 

(c) CRIMINAL PENALTIES.—Subsection (i) of section 26 of the 

Animal Welfare Act (7 U.S.C. 2156), as redesignated by section 

2(3), is amended by striking ‘‘(e)’’ and inserting ‘‘(d)’’. 

(d) ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.—Section 

49(a) of title 18, United States Code, is amended by striking ‘‘(e)’’ 

and inserting ‘‘(d)’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is one year after the date of 

the enactment of this Act. 

SEC. 12617. EXEMPTION OF EXPORTATION OF CERTAIN ECHINODERMS 

FROM PERMISSION AND LICENSING REQUIREMENTS. 

(a) DEFINITIONS.—In this section: 

(1) CONSERVATION AND MANAGEMENT.—The term ‘‘conservation and management’’ has the meaning given the term in 

section 3 of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1802). 

(2) MARINE FISHERIES COMMISSION.—The term ‘‘Marine 

Fisheries Commission’’ means an interstate commission (as that 

term is used in the Interjurisdictional Fisheries Act of 1986 

(16 USC 4101 et seq.)). 

(3) STATE JURISDICTION.—The term ‘‘State jurisdiction’’ 

means areas under the jurisdiction and authority of a State 

as described in section 306(a)(2) of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 

1856(a)(2)). 

(b) EXEMPTION.—Not later than 90 days after the date of enactment of this Act, the Director of the United States Fish and Wildlife 

Service shall amend section 14.92 of title 50, Code of Federal 

Regulations, to clarify that— 

(1) except as provided in paragraph (2) and subsection 

(d)(2)— 

(A) fish and wildlife described in subsection (c) are 

fishery products exempt from the export permission 

requirements of section 9(d)(1) of the Endangered Species 

Act of 1973 (16 U.S.C. 1538(d)(1)); and 

(B) any person may engage in business as an exporter 

of fish or wildlife described in subsection (c) without procuring— 

(i) permission under section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1)); or 

(ii) an export license under subpart I of part 14 

of title 50, Code of Federal Regulations (or successor 

regulations); and 

(2) notwithstanding paragraph (1), unless the person has 

qualified for and obtained an export license described in paragraph (1)(B)(ii), any person that has been convicted of 1 or 

more violations of a Federal law relating to the importation, 

16 USC 1538 

note. 

7 USC 2156 note. 


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PUBLIC LAW 115–334—DEC. 20, 2018 132 STAT. 5017 

transportation, or exportation of wildlife shall not be permitted, 

during the 5-year period beginning on the date of the most 

recent conviction, to engage in business as an exporter of fish 

or wildlife described in subsection (c). 

(c) COVERED FISH OR WILDLIFE.—The fish or wildlife referred 

to in subsection (b) are members of the species Strongylocentrotus 

droebachiensis (commonly known as the ‘‘green sea urchin’’), 

including any products of that species, that— 

(1) do not require a permit under part 16, 17, or 23 of 

title 50, Code of Federal Regulations (or successor regulations); 

(2)(A) are harvested in waters under State jurisdiction; 

or 

(B) are imported for processing in the United States pursuant to an import license as required under section 14.91 of 

title 50, Code of Federal Regulations (or a successor regulation), 

and not exempt from import license requirements under section 

14.92 of that title (as in effect on the day before the date 

of enactment of this Act); and 

(3) are exported for purposes of human or animal consumption. 

(d) INFORMATION COLLECTION ON EXPORTS.— 

(1) IN GENERAL.—The State agency that regulates or otherwise oversees a State fishery in which the fish and wildlife 

described in subsection (c) are harvested shall annually 

transmit the conservation and management data (as defined 

in subsection (a)) to the Interstate Fisheries Management Program Policy Board of the applicable Marine Fisheries Commission. 

(2) PRIVACY.—Such data thereafter shall not be released 

and shall be maintained as confidential by such applicable 

Marine Fisheries Commission, including data requested under 

the section 552 of title 5, United States Code, unless disclosure 

is required under court order or unless the data is essential 

for an enforcement action under Federal wildlife management 

laws. 

(3) EXCLUSION.—The exemption under subsection (b)(1) 

shall not apply in a State if— 

(A) the State fails to transmit the data required under 

paragraph (1); or 

(B) the applicable Marine Fisheries Commission determines, in consultation with the primary research agency 

of such Commission, after notice and an opportunity to 

comment, that the data required under paragraph (1) fails 

to prove that the State agency or official is engaged in 

conservation and management of the fish or wildlife 

described in subsection (c). 

SEC. 12618. DATA ON CONSERVATION PRACTICES. 

Subtitle E of title XII of the Food Security Act of 1985 (16 

U.S.C. 3841 et seq.) is amended by adding at the end the following: 

‘‘SEC. 1247. DATA ON CONSERVATION PRACTICES. 

‘‘(a) DATA ON CONSERVATION PRACTICES.—The Secretary shall 

identify available data sets within the Department of Agriculture 

regarding the use of conservation practices and the effect of such 

practices on farm and ranch profitability (including such effects 

relating to crop yields, soil health, and other risk-related factors). 

16 USC 3847. 


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132 STAT. 5018 PUBLIC LAW 115–334—DEC. 20, 2018 

LEGISLATIVE HISTORY—H.R. 2: 

HOUSE REPORTS: Nos. 115–661 (Comm. on Agriculture) and 115–1072 (Comm. of 

Conference). 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

May 16–18, considered and failed House. 

June 21, considered and passed House. 

June 27, 28, considered and passed Senate, amended. 

Dec. 11, Senate agreed to the conference report. 

Dec. 12, House agreed to the conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 

Dec. 20, Presidential remarks and statement. 

Æ 

‘‘(b) REPORT.—Not later than 1 year after the date of enactment 

of the Agriculture Improvement Act of 2018, the Secretary shall 

submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry 

of the Senate a report that includes— 

‘‘(1) a summary of the data sets identified under subsection 

(a); 

‘‘(2) a summary of the steps the Secretary would have 

to take to provide access to such data sets by university 

researchers, including taking into account any technical, privacy, or administrative considerations; 

‘‘(3) a summary of safeguards the Secretary employs when 

providing access to data to university researchers; 

‘‘(4) a summary of appropriate procedures to maximize 

the potential for research benefits while preventing any violations of privacy or confidentiality; and 

‘‘(5) recommendations for any necessary authorizations or 

clarifications of Federal law to allow access to such data sets 

to maximize the potential for research benefits.’’. 

SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES 

ACT. 

(a) IN GENERAL.—Section 102(16) of the Controlled Substances 

Act (21 U.S.C. 802(16)) is amended— 

(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject 

to subparagraph (B), the’’; and 

(2) by striking ‘‘Such term does not include the’’ and 

inserting the following: 

‘‘(B) The term ‘marihuana’ does not include— 

‘‘(i) hemp, as defined in section 297A of the Agricultural 

Marketing Act of 1946; or 

‘‘(ii) the’’. 

(b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), 

is amended in subsection (c)(17) by inserting after 

‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for 

tetrahydrocannabinols in hemp (as defined under section 297A of 

the Agricultural Marketing Act of 1946)’’. 

Approved December 20, 2018. 


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