Agriculture Improvement Act of 2018

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. 1. Short title; table of contents (a) Short title This Act may be cited as the Agriculture and Nutrition 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 of Agriculture. Title I—Commodities Subtitle A—Commodity Policy Sec. 1111. Definitions. Sec. 1112. Base acres. Sec. 1113. Payment yields. Sec. 1114. Payment acres. Sec. 1115. Producer election. Sec. 1116. Price loss coverage. Sec. 1117. Agriculture risk coverage. Sec. 1118. Producer agreements. Subtitle B—Marketing Loans Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. Sec. 1202. Loan rates for nonrecourse marketing assistance loans. Sec. 1203. Term of loans. Sec. 1204. Repayment of loans. Sec. 1205. Loan deficiency payments. Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. Sec. 1207. Special marketing loan provisions for upland cotton. Sec. 1208. Special competitive provisions for extra long staple cotton. Sec. 1209. Availability of recourse loans. Sec. 1210. Adjustments of loans. Subtitle C—Sugar Sec. 1301. Sugar policy. Subtitle D—Dairy Risk Management Program and Other Dairy Programs Sec. 1401. Dairy risk management program for dairy producers. Sec. 1402. Class I skim milk price. Sec. 1403. Extension of dairy forward pricing program. Sec. 1404. Extension of dairy indemnity program. Sec. 1405. Extension of dairy promotion and research program. Sec. 1406. Repeal of dairy product donation program. Subtitle E—Supplemental Agricultural Disaster Assistance Programs Sec. 1501. Modification of supplemental agricultural disaster assistance. Subtitle F—Administration Sec. 1601. Administration generally. Sec. 1602. Suspension of permanent price support authority. Sec. 1603. Payment limitations. Sec. 1604. Adjusted gross income limitation. Sec. 1605. Prevention of deceased individuals receiving payments under farm commodity programs. Sec. 1606. Assignment of payments. Sec. 1607. Tracking of benefits. Sec. 1608. Signature authority. Sec. 1609. Personal liability of producers for deficiencies. Sec. 1610. Implementation. Sec. 1611. Exemption from certain reporting requirements for certain producers. Title II—Conservation Subtitle A—Wetland Conservation Sec. 2101. Program ineligibility. Sec. 2102. Minimal effect regulations. Subtitle B—Conservation Reserve Program Sec. 2201. Conservation reserve. Sec. 2202. Farmable wetland program. Sec. 2203. Duties of owners and operators. Sec. 2204. Duties of the Secretary. Sec. 2205. Payments. Sec. 2206. Contracts. Subtitle C—Environmental Quality Incentives Program Sec. 2301. Definitions. Sec. 2302. Establishment and administration. Sec. 2303. Limitation on payments. Sec. 2304. Conservation innovation grants and payments. Subtitle D—Other Conservation Programs Sec. 2401. Conservation of private grazing land. Sec. 2402. Grassroots source water protection program. Sec. 2403. Voluntary public access and habitat incentive program. Sec. 2404. Watershed protection and flood prevention. Sec. 2405. Feral swine eradication and control pilot program. Sec. 2406. Emergency conservation program. 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. Establishment of State technical committees. 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. Definitions. Sec. 2702. Regional conservation partnerships. Sec. 2703. Assistance to producers. Sec. 2704. Funding. Sec. 2705. Administration. Sec. 2706. Critical conservation areas. Subtitle H—Repeals and Transitional Provisions; Technical Amendments Sec. 2801. Repeal of conservation security and conservation stewardship programs. Sec. 2802. Repeal of terminal lakes assistance. Sec. 2803. Technical amendments. Title III—Trade Subtitle A—Food for Peace Act Sec. 3001. Findings. Sec. 3002. Labeling requirements. Sec. 3003. Food aid quality assurance. Sec. 3004. Local sale and barter of commodities. Sec. 3005. Minimum levels of assistance. Sec. 3006. Extension of termination date of Food Aid Consultative Group. Sec. 3007. Issuance of regulations. Sec. 3008. Funding for program oversight, monitoring, and evaluation. Sec. 3009. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods. Sec. 3010. Consideration of impact of provision of agricultural commodities and other assistance on local farmers and economy. Sec. 3011. Prepositioning of agricultural commodities. Sec. 3012. Annual report regarding food aid programs and activities. Sec. 3013. Deadline for agreements to finance sales or to provide other assistance. Sec. 3014. Minimum level of nonemergency food assistance. Sec. 3015. Termination date for micronutrient fortification programs. Sec. 3016. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. Subtitle B—Agricultural Trade Act of 1978 Sec. 3101. Findings. Sec. 3102. Consolidation of current programs as new International Market Development Program. Subtitle C—Other Agricultural Trade Laws Sec. 3201. Local and regional food aid procurement projects. Sec. 3202. Promotion of agricultural exports to emerging markets. Sec. 3203. Bill Emerson Humanitarian Trust Act. Sec. 3204. Food for Progress Act of 1985. Sec. 3205. McGovern-Dole International Food for Education and Child Nutrition Program. Sec. 3206. Cochran fellowship program. Sec. 3207. Borlaug fellowship program. Sec. 3208. Global Crop Diversity Trust. Sec. 3209. Growing American Food Exports Act of 2018. Title IV—Nutrition Subtitle A—Supplemental Nutrition Assistance Program Sec. 4001. Duplicative enrollment database. Sec. 4002. Retailer-funded incentives pilot. Sec. 4003. Gus Schumacher food insecurity nutrition incentive program. Sec. 4004. Re-evaluation of thrifty food plan. Sec. 4005. Food distribution programs on Indian reservations. Sec. 4006. Update to categorical eligibility. Sec. 4007. Basic allowance for housing. Sec. 4008. Earned income deduction. Sec. 4009. Simplified homeless housing costs. Sec. 4010. Availability of standard utility allowances based on receipt of energy assistance. Sec. 4011. Child support; cooperation with child support agencies. Sec. 4012. Adjustment to asset limitations. Sec. 4013. Updated vehicle allowance. Sec. 4014. Savings excluded from assets. Sec. 4015. Workforce solutions. Sec. 4016. Modernization of electronic benefit transfer regulations. Sec. 4017. Mobile technologies. Sec. 4018. Processing fees. Sec. 4019. Replacement of EBT cards. Sec. 4020. Benefit recovery. Sec. 4021. Requirements for online acceptance of benefits. Sec. 4022. National gateway. Sec. 4023. Access to State systems. Sec. 4024. Transitional benefits. Sec. 4025. Incentivizing technology modernization. Sec. 4026. Supplemental nutrition assistance program benefit transfer transaction data report. Sec. 4027. Adjustment to percentage of recovered funds retained by States. Sec. 4028. Tolerance level for payment errors. Sec. 4029. State performance indicators. Sec. 4030. Public-private partnerships. Sec. 4031. Authorization of appropriations. Sec. 4032. Emergency food assistance. Sec. 4033. Nutrition education. Sec. 4034. Retail food store and recipient trafficking. Sec. 4035. Technical corrections. Sec. 4036. Implementation funds. 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. Subtitle C—Miscellaneous Sec. 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions. Sec. 4202. Seniors farmers’ market nutrition program. Sec. 4203. Healthy food financing initiative. Sec. 4204. Amendments to the fruit and vegetable program. 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. Farm ownership loan limits. Subtitle B—Operating Loans Sec. 5201. Limitations on amount of operating loans. Sec. 5202. Microloans. 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. Subtitle D—Technical corrections to the Consolidated Farm and Rural Development Act Sec. 5401. Technical corrections to the Consolidated Farm and Rural Development Act. Subtitle E—Amendments to the Farm Credit Act of 1971 Sec. 5501. Elimination of obsolete references. Sec. 5502. Conforming repeals. Sec. 5503. Facility headquarters. Sec. 5504. Sharing privileged and confidential information. Sec. 5505. Scope of jurisdiction. Sec. 5506. Definition. Sec. 5507. Expansion of acreage exception to loan amount limitation. Sec. 5508. Compensation of bank directors. Sec. 5509. Prohibition on use of funds. Subtitle F—Miscellaneous Sec. 5601. State agricultural mediation programs. Sec. 5602. Study on loan risk. Title VI—Rural infrastructure and economic development Subtitle A—Improving Health Outcomes in Rural Communities Sec. 6001. Prioritizing projects to meet health crises in rural America. Sec. 6002. Distance learning and telemedicine. Sec. 6003. Reauthorization of the Farm and Ranch Stress Assistance Network. Sec. 6004. Supporting agricultural association health plans. Subtitle B—Connecting Rural Americans to High Speed Broadband Sec. 6101. Establishing forward-looking broadband standards. Sec. 6102. Incentives for hard to reach communities. Sec. 6103. Requiring guaranteed broadband lending. Sec. 6104. Smart utility authority for broadband. Sec. 6105. Modifications to the Rural Gigabit Program. Sec. 6106. Unified broadband reporting requirements. Sec. 6107. Improving access by providing certainty to broadband borrowers. Sec. 6108. Simplified application window. Sec. 6109. Elimination of requirement to give priority to certain applicants. Sec. 6110. Modification of buildout requirement. Sec. 6111. Improving borrower refinancing options. Sec. 6112. Elimination of unnecessary reporting requirements. Sec. 6113. Access to broadband telecommunications services in rural areas. Sec. 6114. Middle mile broadband infrastructure. Sec. 6115. Outdated broadband systems. Sec. 6116. Effective date. Subtitle C—Consolidated Farm and Rural Development Act Sec. 6201. Strengthening regional economic development incentives. Sec. 6202. Expanding access to credit for rural communities. Sec. 6203. Providing for additional fees for guaranteed loans. Sec. 6204. Water, waste disposal, and wastewater facility grants. Sec. 6205. Rural water and wastewater technical assistance and training programs. Sec. 6206. Rural water and wastewater circuit rider program. Sec. 6207. Tribal college and university essential community facilities. Sec. 6208. Emergency and imminent community water assistance grant program. Sec. 6209. Water systems for rural and native villages in Alaska. Sec. 6210. Household water well systems. Sec. 6211. Solid waste management grants. Sec. 6212. Rural business development grants. Sec. 6213. Rural cooperative development grants. Sec. 6214. Locally or regionally produced agricultural food products. Sec. 6215. Appropriate technology transfer for rural areas program. Sec. 6216. Rural economic area partnership zones. Sec. 6217. Intermediary relending program. Sec. 6218. Exclusion of prison populations from definition of rural area. Sec. 6219. National Rural Development Partnership. Sec. 6220. Grants for NOAA weather radio transmitters. Sec. 6221. Rural microentrepreneur assistance program. Sec. 6222. Health care services. Sec. 6223. Delta Regional Authority. Sec. 6224. Northern Great Plains Regional Authority. Sec. 6225. Rural business investment program. Subtitle D—Rural Electrification Act of 1936 Sec. 6301. Guarantees for bonds and notes issued for electrification or telephone purposes. Sec. 6302. Expansion of 911 access. Sec. 6303. Improvements to the guaranteed underwriter program. Sec. 6304. Extension of the rural economic development loan and grant program. Subtitle E—Farm Security and Rural Investment Act of 2002 Sec. 6401. Rural energy savings program. Sec. 6402. Biobased markets program. Sec. 6403. Biorefinery, renewable, chemical, and biobased product manufacturing assistance. Sec. 6404. Repowering assistance program. Sec. 6405. Bioenergy program for advanced biofuels. Sec. 6406. Biodiesel fuel education program. Sec. 6407. Rural Energy for America Program. Sec. 6408. Categorical exclusion for grants and financial assistance made under the Rural Energy for America Program. Sec. 6409. Rural Energy Self-Sufficiency Initiative. Sec. 6410. Feedstock flexibility. Sec. 6411. Biomass Crop Assistance Program. Subtitle F—Miscellaneous Sec. 6501. Value-added agricultural product market development grants. Sec. 6502. Agriculture innovation center demonstration program. Sec. 6503. Regional economic and infrastructure development commissions. Sec. 6504. Definition of rural area for purposes of the Housing Act of 1949 Subtitle G—Program Repeals Sec. 6601. Elimination of unfunded programs. Sec. 6602. Repeal of Rural Telephone Bank. Sec. 6603. Amendments to LOCAL TV Act. Subtitle H—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. International agriculture research. 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. Report on allocations and matching funds for 1890 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. Repeal of nutrition education program. Sec. 7111. Continuing animal health and disease research programs. Sec. 7112. Extension carryover at 1890 land-grant colleges, including Tuskegee University. Sec. 7113. Scholarships for students at 1890 institutions. Sec. 7114. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 7115. Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions. Sec. 7116. Hispanic-serving institutions. Sec. 7117. Land-grant designation. Sec. 7118. Competitive grants for international agricultural science and education programs. Sec. 7119. Limitation on indirect costs for agricultural research, education, and extension programs. Sec. 7120. Research equipment grants. Sec. 7121. University research. Sec. 7122. Extension service. Sec. 7123. Supplemental and alternative crops. Sec. 7124. Capacity building grants for NLGCA institutions. Sec. 7125. Aquaculture assistance programs. Sec. 7126. Rangeland research programs. Sec. 7127. Special authorization for biosecurity planning and response. Sec. 7128. Distance education and resident instruction grants program for insular area institutions of higher education. Sec. 7129. Removal of matching funds requirement for certain grants. Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990 Sec. 7201. Best utilization of biological applications. Sec. 7202. Integrated management systems. Sec. 7203. Sustainable agriculture technology development and transfer program. Sec. 7204. National training program. Sec. 7205. National Genetics Resources Program. Sec. 7206. National Agricultural Weather Information System. Sec. 7207. Agricultural genome to phenome initiative. Sec. 7208. High-priority research and extension initiatives. Sec. 7209. Organic agriculture research and extension initiative. Sec. 7210. Farm business management. Sec. 7211. Clarification of veteran eligibility for assistive technology program for farmers with disabilities. Sec. 7212. National Rural Information Center Clearinghouse. Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998 Sec. 7300. Ending limitation on funding under national food safety training, education, extension, outreach, and technical assistance program. 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. Natural products research program. Sec. 7413. 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. Competitive, Special, and Facilities Research Grant Act. Sec. 7505. Renewable Resources Extension Act of 1978. Sec. 7506. National Aquaculture Act of 1980. Sec. 7507. Beginning farmer and rancher development program. Sec. 7508. Federal agriculture research facilities. Sec. 7509. Biomass research and development. Subtitle F—Other Matters Sec. 7601. Enhanced use lease authority program. Sec. 7602. Functions and Duties of the Under Secretary. Sec. 7603. Reinstatement of District of Columbia matching requirement for certain land-grant university assistance. Sec. 7604. Farmland tenure, transition, and entry data initiative. Sec. 7605. Transfer of administrative jurisdiction, portion of Henry A. Wallace Beltsville Agricultural Research Center, Beltsville, Maryland. Sec. 7606. Simplified plan of work. Sec. 7607. Time and effort reporting exemption. Sec. 7608. Public education on biotechnology in food and agriculture sectors. Title VIII—Forestry Subtitle A—Reauthorization and Modification of Certain Forestry Programs Sec. 8101. Support for State assessments and strategies for forest resources. Sec. 8102. Forest legacy program. Sec. 8103. Community forest and open space conservation program. Sec. 8104. State and private forest landscape-scale restoration program. Sec. 8105. Rural revitalization technologies. Sec. 8106. Community wood energy and wood innovation program. Sec. 8107. Healthy Forests Restoration Act of 2003 amendments. Sec. 8108. National Forest Foundation Act authorities. Subtitle B—Secure Rural Schools and Community Self-Determination Act of 2000 Amendments Sec. 8201. Use of reserved funds for title II projects on Federal land and certain non-Federal land. Sec. 8202. Resource advisory committees. Sec. 8203. Program for title II self-sustaining resource advisory committee projects. Subtitle C—Availability of Categorical Exclusions To Expedite Forest Management Activities Part I—General Provisions Sec. 8301. Definitions. Sec. 8302. Rule of application for National Forest System lands and public lands. Sec. 8303. Consultation under the Endangered Species Act. Sec. 8304. Secretarial discretion in the case of two or more categorical exclusions. Part II—Categorical Exclusions Sec. 8311. Categorical exclusion to expedite certain critical response actions. Sec. 8312. Categorical exclusion to expedite salvage operations in response to catastrophic events. Sec. 8313. Categorical exclusion to meet forest plan goals for early successional forests. Sec. 8314. Categorical exclusion for hazard trees. Sec. 8315. Categorical exclusion to improve or restore National Forest System lands or public land or reduce the risk of wildfire. Sec. 8316. Categorical exclusion for forest restoration. Sec. 8317. Categorical exclusion for infrastructure forest management activities. Sec. 8318. Categorical exclusion for developed recreation sites. Sec. 8319. Categorical exclusion for administrative sites. Sec. 8320. Categorical exclusion for special use authorizations. Sec. 8321. Clarification of existing categorical exclusion authority related to insect and disease infestation. Part III—Miscellaneous Forest Management Activities Sec. 8331. Good neighbor agreements. Sec. 8332. Promoting cross-boundary wildfire mitigation. Sec. 8333. Regulations regarding designation of dead or dying trees of certain tree species on National Forest System lands in California as exempt from prohibition on export of unprocessed timber originating from Federal lands. Subtitle D—Tribal Forestry Participation and Protection Sec. 8401. Protection of Tribal forest assets through use of stewardship end result contracting and other authorities. Sec. 8402. Tribal forest management demonstration project. Subtitle E—Other Matters Sec. 8501. Clarification of research and development program for wood building construction. Sec. 8502. Utility infrastructure rights-of-way vegetation management pilot program. Sec. 8503. Revision of extraordinary circumstances regulations. Sec. 8504. No loss of funds for wildfire suppression. Sec. 8505. Technical corrections. Title IX—Horticulture Subtitle A—Horticulture marketing and information Sec. 9001. Specialty crops market news allocation. Sec. 9002. Farmers’ Market and Local Food Promotion Program. Sec. 9003. Food safety education initiatives. Sec. 9004. Specialty crop block grants. Sec. 9005. Amendments to the Plant Variety Protection Act. Sec. 9006. Organic programs. Subtitle B—Regulatory Reform Part I—State lead agencies under Federal Insecticide, Fungicide, and Rodenticide Act Sec. 9101. Recognition and role of State lead agencies. Part II—Pesticide registration and use Sec. 9111. Registration of pesticides. Sec. 9112. Experimental use permits. Sec. 9113. Administrative review; suspension. Sec. 9114. Unlawful acts. Sec. 9115. Authority of States. Sec. 9116. Regulations. Sec. 9117. Use of authorized pesticides. Sec. 9118. Discharges of pesticides. Sec. 9119. Enactment of Pesticide Registration Improvement Enhancement Act of 2017. Part III—Amendments to the Plant Protection Act Sec. 9121. Methyl bromide. Part IV—Amendments to other laws Sec. 9131. Definition of retail facilities. Subtitle C—Other Matters Sec. 9201. Report on regulation of plant biostimulants. Sec. 9202. Pecan marketing orders. Sec. 9203. Report on honey and maple syrup. Title X—Crop Insurance Sec. 10001. Treatment of forage and grazing. Sec. 10002. Administrative basic fee. Sec. 10003. Prevention of duplicative coverage. Sec. 10004. Repeal of unused authority. Sec. 10005. Continued authority. Sec. 10006. Program administration. Sec. 10007. Maintenance of policies. Sec. 10008. Research and development priorities. Sec. 10009. Extension of funding for research and development. Sec. 10010. Education and risk management assistance. Title XI—Miscellaneous Subtitle A—Livestock Sec. 11101. Animal Disease Preparedness and Response. Sec. 11102. National Aquatic Animal Health Plan. Sec. 11103. Veterinary training. Sec. 11104. Report on FSIS guidance and outreach to small meat processors. Subtitle B—Beginning, Socially Disadvantaged, and Veteran Producers Sec. 11201. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers. Sec. 11202. Office of Partnerships and Public Engagement. Sec. 11203. Commission on Farm Transitions—Needs for 2050. Sec. 11204. Agricultural youth organization coordinator. Subtitle C—Textiles Sec. 11301. Repeal of Pima Agriculture Cotton Trust Fund. Sec. 11302. Repeal of Agriculture Wool Apparel Manufacturers Trust Fund. Sec. 11303. Repeal of wool research and promotion grants funding. Sec. 11304. Textile Trust Fund. Subtitle D—United States Grain Standards Act Sec. 11401. Restoring certain exceptions to United States Grain Standards Act. Subtitle E—Noninsured Crop Disaster Assistance Program Sec. 11501. Eligible crops. Sec. 11502. Service fee. Sec. 11503. Payments equivalent to additional coverage. Subtitle F—Other Matters Sec. 11601. Under Secretary of Agriculture for Farm Production and Conservation. Sec. 11602. Authority of Secretary to carry out certain programs under Department of Agriculture Reorganization Act of 1994 Sec. 11603. Conference report requirement threshold. Sec. 11604. National agriculture imagery program. Sec. 11605. Report on inclusion of natural stone products in Commodity Promotion, Research, and Information Act of 1996 Sec. 11606. South Carolina inclusion in Virginia/Carolina peanut producing region. Sec. 11607. Establishment of Food Loss and Waste Reduction Liaison. Sec. 11608. Cotton classification services. Sec. 11609. Century farms program. Sec. 11610. Report on agricultural innovation. Sec. 11611. Report on dog importation. Sec. 11612. Prohibition on slaughter of dogs and cats for human consumption. Subtitle G—Protecting interstate commerce Sec. 11701. Prohibition against interference by State and local governments with production or manufacture of items in other States. Sec. 11702. Federal cause of action to challenge State regulation of interstate commerce. 2. Definition of Secretary of Agriculture In this Act, the term Secretary I Commodities A Commodity Policy 1111. Definitions In this subtitle and subtitle B: (1) Actual crop revenue The term actual crop revenue (2) Agriculture risk coverage The term agriculture risk coverage (3) Agriculture risk coverage guarantee The term agriculture risk coverage guarantee (4) Base acres The term base acres 7 U.S.C. 9011(4)(A) (5) Covered commodity The term covered commodity (6) Effective price The term effective price (7) Effective reference price The term effective reference price (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 most recent 5 crop years, excluding each of the crop years with the highest and lowest marketing year average price. (8) Extra long staple cotton The term extra long staple cotton (A) is produced from pure strain varieties of the barbadense (B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. (9) Marketing year average price The term marketing year average price (10) Medium grain rice The term medium grain rice (11) Other oilseed The term other oilseed (12) Payment acres The term payment acres (13) Payment yield The term payment yield (A) means the yield used to make payments pursuant to section 1116 of the Agricultural Act of 2014 ( 7 U.S.C. 9016 (B) means the yield established under section 1113. (14) Price loss coverage The term price loss coverage (15) Producer (A) In general The term producer (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the existence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title. (16) Pulse crop The term pulse crop (17) Reference price The term reference price (A) For wheat, $5.50 per bushel. (B) For corn, $3.70 per bushel. (C) For grain sorghum, $3.95 per bushel. (D) For barley, $4.95 per bushel. (E) For oats, $2.40 per bushel. (F) For long grain rice, $14.00 per hundredweight. (G) For medium grain rice, $14.00 per hundredweight. (H) For soybeans, $8.40 per bushel. (I) For other oilseeds, $20.15 per hundredweight. (J) For peanuts, $535.00 per ton. (K) For dry peas, $11.00 per hundredweight. (L) For lentils, $19.97 per hundredweight. (M) For small chickpeas, $19.04 per hundredweight. (N) For large chickpeas, $21.54 per hundredweight. (O) For seed cotton, $0.367 per pound. (18) Secretary The term Secretary (19) Seed cotton The term seed cotton (20) State The term State (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. (21) Temperate japonica rice The term temperate japonica rice (A) the establishment of a reference price (as required under section 1116(g)) and an effective price pursuant to section 1116; and (B) the determination of the actual crop revenue and agriculture risk coverage guarantee pursuant to section 1117. (22) Transitional yield The term transitional yield 7 U.S.C. 1502(b) (23) United states The term United States (24) United states premium factor The term United States Premium Factor 1/8 3/32 1112. Base acres (a) Adjustment of Base Acres (1) In general The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occur: (A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 (B) Cropland is released from coverage under a conservation reserve contract by the Secretary. (C) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711(a)(1)(D) (2) Special conservation reserve acreage payment rules For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive price loss coverage or agriculture risk coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. (b) Prevention of Excess Base Acres (1) Required reduction If the sum of the base acres for a farm and the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm so that the sum of the base acres and the acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm. (2) Other acreage For purposes of paragraph (1), the Secretary shall include the following: (A) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 (B) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. (C) If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (a)(1)(C). (3) Selection of acres The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity for the farm against which the reduction required by paragraph (1) will be made. (4) Exception for double-cropped acreage In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary. (c) Reduction in Base Acres (1) Reduction at option of owner (A) In general The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm. (B) Effect of reduction A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary. (2) Required action by Secretary (A) In general The Secretary shall proportionately reduce base acres on a farm for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land— (i) remains devoted to commercial agricultural production; or (ii) is likely to be returned to the previous agricultural use. (B) Requirement The Secretary shall establish procedures to identify land described in subparagraph (A). (3) Treatment of unplanted base In the case of a farm on which no covered commodities (including seed cotton) were planted or prevented from being planted during the period beginning on January 1, 2009, and ending on December 31, 2017, the Secretary shall allocate all base acres on the farm to unassigned crop base for which no payment shall be made under section 1116 or 1117. (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. 1113. Payment yields (a) Treatment of designated oilseeds (1) In general For the purpose of making price loss coverage payments under section 1116, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed for which a payment yield was not established under section 1113 of the Agricultural Act of 2014 ( 7 U.S.C. 9013 (2) Payment Yields for Designated Oilseeds In the case of designated oilseeds, the payment yield shall be equal to 90 percent of the average of the yield per planted acre for the most recent five crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero. (3) Application This subsection shall apply to oilseeds designated after the date of the enactment of this Act. (b) Effect of Lack of Payment Yield (1) Establishment by secretary In the case of a covered commodity on a farm for which base acres have been established, if no payment yield is otherwise established for the covered commodity on the farm, the Secretary shall establish an appropriate payment yield for the covered commodity on the farm under paragraph (2). (2) Use of similarly situated farms To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law. (c) Single opportunity to update yields in counties affected by drought (1) Election to update In the case of a farm that is physically located in a county in which any area of the county was rated by the U.S. Drought Monitor as having a D4 (exceptional drought) intensity for 20 or more consecutive weeks during the period beginning January 1, 2008 and ending December 31, 2012, at the sole discretion of the owner of such farm, the owner of a farm shall have a 1-time opportunity to update, on a covered commodity-by covered-commodity 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 covered commodities on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to 90 percent of the average of the yield per planted acre for the crop of covered commodities on the farm for the 2013 through 2017 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero. (3) Use of county average yield For the purposes of determining the average yield under paragraph (2), if the yield per planted acre for a crop of a covered commodity for a farm for any of the crop years specified in paragraph (2) was less than 75 percent of the average of county yields for those same years for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2013 though 2017 county yield for the covered commodity. (4) Upland cotton conversion In the case of seed cotton, for purposes of determining the average of the yield per planted acre under paragraph (2), the average yield for seed cotton per planted acre shall be equal to 2.4 times the average yield for upland cotton per planted acre. (5) Time for Election An election under this subsection shall be made at a time and manner so as to be in effect beginning with the 2019 crop year, as determined by the Secretary. 1114. Payment acres (a) Determination of Payment Acres Subject to subsection (d), for the purpose of price loss coverage and agriculture risk coverage, the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm. (b) Effect of Minimal Payment Acres (1) Prohibition on payments Notwithstanding any other provision of this title, a producer on a farm may not receive price loss coverage payments or agriculture risk coverage payments if the sum of the base acres on the farm is 10 acres or less, as determined by the Secretary, 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. (2) Exceptions Paragraph (1) does not apply to a producer that is— (A) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) (B) a limited resource farmer or rancher, as defined by the Secretary. (c) Effect of Planting Fruits and Vegetables (1) Reduction required In the manner provided in this subsection, payment acres on a farm shall be reduced in any crop year in which fruits, vegetables (other than mung beans and pulse crops), or wild rice have been planted on base acres on a farm. (2) Price loss coverage and agricultural risk coverage In the case of price loss coverage payments and agricultural risk coverage payments, the reduction under paragraph (1) shall be the amount equal to the base acres planted to crops referred to in such paragraph in excess of 15 percent of base acres. (3) Reduction exceptions No reduction to payment acres shall be made under this subsection if— (A) cover crops or crops referred to in paragraph (1) are grown solely for conservation purposes and not harvested for use or sale, as determined by the Secretary; or (B) in any region in which there is a history of double-cropping covered commodities with crops referred to in paragraph (1) and such crops were so double-cropped on the base acres, as determined by the Secretary. (4) 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 planting, to a covered commodity for purposes of any adjustment or reduction of base acres for the farm under section 1112. (d) Unassigned crop base The Secretary shall maintain information on base acres allocated as unassigned crop base pursuant to— (1) section 1112(c)(3); or (2) section 1112(a) of the Agricultural Act of 2014 ( 7 U.S.C. 9012(a) 1115. Producer election (a) Election required For the 2019 through 2023 crop years, all of the producers on a farm shall make a 1-time, irrevocable election to obtain on a covered-commodity-by-covered-commodity basis— (1) price loss coverage under section 1116; or (2) agriculture risk coverage under section 1117. (b) Effect of failure to make unanimous election If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2019 crop year— (1) the Secretary shall not make any payments with respect to the farm for the 2019 crop year under section 1116 or 1117; and (2) the producers on the farm shall be deemed to have elected price loss coverage under section 1116 for all covered commodities on the farm for the 2020 through 2023 crop years. (c) Prohibition on Reconstitution The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election made under this section. 1116. Price loss coverage (a) Price Loss Coverage Payments If all of the producers on a farm make the election under subsection (a) of section 1115 to obtain price loss coverage or, subject to subsection (b)(1) of such section, are deemed to have made such election under subsection (b)(2) of such section, the Secretary shall make price loss coverage payments to producers on the farm on a covered-commodity-by-covered-commodity basis if the Secretary determines that, for any of the 2019 through 2023 crop years— (1) the effective price for the covered commodity for the crop year; is less than (2) the effective reference price for the covered commodity for the crop year. (b) Effective Price The effective price for a covered commodity for a crop year shall be the higher of— (1) the marketing year average price; or (2) the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B. (c) Payment Rate The payment rate shall be equal to the difference between— (1) the effective reference price for the covered commodity; and (2) the effective price determined under subsection (b) for the covered commodity. (d) Payment Amount If price loss coverage payments are required to be provided under this section for any of the 2019 through 2023 crop years for a covered commodity, the amount of the price loss coverage payment to be paid to the producers on a farm for the crop year shall be equal to the product obtained by multiplying— (1) the payment rate for the covered commodity under subsection (c); (2) the payment yield for the covered commodity; and (3) the payment acres for the covered commodity determined under section 1114. (e) Time for Payments If the Secretary determines under this section that price loss coverage payments are required to be provided for the covered commodity, the payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity. (f) Effective price for Barley In determining the effective price for barley under subsection (b), the Secretary shall use the all-barley price. (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(17), as adjusted by paragraph (7) 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. 1117. Agriculture risk coverage (a) Agriculture Risk Coverage Payments If all of the producers on a farm make the election under section 1115(a) to obtain agriculture risk coverage, the Secretary shall make agriculture risk coverage payments to producers on the farm if the Secretary determines that, for any of the 2019 through 2023 crop years— (1) the actual crop revenue determined under subsection (b) for the crop year; is less than (2) the agriculture risk coverage guarantee determined under subsection (c) for the crop year. (b) Actual crop revenue The amount of the actual crop revenue for a county for a crop year of a covered commodity shall be equal to the product obtained by multiplying— (1) the actual average county yield per planted acre for the covered commodity, as determined by the Secretary; and (2) the higher of— (A) the marketing year average price; or (B) the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B. (c) Agriculture Risk Coverage Guarantee (1) In general The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 86 percent of the benchmark revenue. (2) Benchmark revenue The benchmark revenue shall be equal to the product obtained by multiplying— (A) subject to paragraph (3), the average historical county yield as determined by the Secretary for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and (B) subject to paragraph (4), the marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices. (3) Yield conditions If the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 70 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) shall be 70 percent of the transitional yield. (4) Reference price If the marketing year average price for any of the 5 most recent crop years is lower than the reference price for the covered commodity, the Secretary shall use the reference price for any of those years for the amounts in paragraph (2)(B). (d) Payment Rate The payment rate for a covered commodity in a county shall be equal to the lesser of— (1) the amount that— (A) the agriculture risk coverage guarantee for the crop year applicable under subsection (c); exceeds (B) the actual crop revenue for the crop year applicable under subsection (b); or (2) 10 percent of the benchmark revenue for the crop year applicable under subsection (c). (e) Payment Amount If agriculture risk coverage payments are required to be paid for any of the 2019 through 2023 crop years, the amount of the agriculture risk coverage payment for the crop year shall be determined by multiplying— (1) the payment rate for the covered commodity determined under subsection (d); and (2) the payment acres for the covered commodity determined under section 1114. (f) Time for Payments If the Secretary determines that agriculture risk coverage payments are required to be provided for the covered commodity, payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity. (g) Additional Duties of the Secretary In providing agriculture risk coverage, the Secretary shall— (1) to the maximum extent practicable, use all available information and analysis, including data mining, to check for anomalies in the determination of agriculture risk coverage payments; (2) calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities; (3) 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 is 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 (4) make payments, as applicable, to producers using the payment rate of the county of the physical location of the base acres of a farm. 1118. Producer agreements (a) Compliance With Certain Requirements (1) Requirements Before the producers on a farm may receive payments under this subtitle with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 (C) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary; and (D) to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary. (2) Compliance The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1). (3) Modification At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary. (b) Transfer or Change of Interest in Farm (1) Termination (A) In general Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which payments under this subtitle are provided shall result in the termination of the payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). (B) Effective date The termination shall take effect on the date determined by the Secretary. (2) Exception If a producer entitled to a payment under this subtitle dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment in accordance with rules issued by the Secretary. (c) Acreage Reports As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm. (d) Effect of Inaccurate Reports No penalty with respect to benefits under this subtitle or subtitle B shall be assessed against a producer on a farm for an inaccurate acreage report unless the Secretary determines that the producer on the farm knowingly and willfully falsified the acreage report. (e) Tenants and Sharecroppers In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (f) Sharing of Payments The Secretary shall provide for the sharing of payments made under this subtitle among the producers on a farm on a fair and equitable basis. B Marketing Loans 1201. Availability of nonrecourse marketing assistance loans for loan commodities (a) Definition of loan commodity In this subtitle, the term loan commodity (b) Nonrecourse loans available (1) In general For each of the 2019 through 2023 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm. (2) Terms and conditions The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 1202 for the loan commodity. (c) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm. (d) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (b), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 16 U.S.C. 3821 (e) Special rules for peanuts (1) In general This subsection shall apply only to producers of peanuts. (2) Options for obtaining loan A marketing assistance loan under this section, and loan deficiency payments under section 1205, may be obtained at the option of the producers on a farm through— (A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or (B) the Farm Service Agency. (3) Storage of loan peanuts As a condition on the approval by the Secretary of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree— (A) to provide the storage on a nondiscriminatory basis; and (B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section. (4) Storage, handling, and associated costs (A) In general To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary. (B) Redemption and forfeiture The Secretary shall— (i) require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and (ii) pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section. (5) Marketing A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality. (6) Reimbursable agreements and payment of administrative expenses The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities. 1202. Loan rates for nonrecourse marketing assistance loans (a) In General 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, $2.94 per bushel. (2) In the case of corn, $1.95 per bushel. (3) In the case of grain sorghum, $1.95 per bushel. (4) In the case of barley, $1.95 per bushel. (5) In the case of oats, $1.39 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, $6.50 per hundredweight. (9) In the case of medium grain rice, $6.50 per hundredweight. (10) In the case of soybeans, $5.00 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, $5.40 per hundredweight. (13) In the case of lentils, $11.28 per hundredweight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of large chickpeas, $11.28 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. (b) Single County Loan Rate for Other Oilseeds The Secretary shall establish a single loan rate in each county for each kind of other oilseeds described in subsection (a)(11). (c) Rule for seed cotton (1) In general For purposes of sections 1116(b)(2) and 1117(b)(2)(B) only, seed cotton shall be deemed to have a loan rate equal to $0.25 per pound. (2) Rule of construction Nothing in this subsection shall be construed to authorize nonrecourse marketing assistance loans under this subtitle for seed cotton. 1203. Term of loans (a) Term of Loan In the case of each loan commodity, a marketing assistance loan under section 1201 shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. (b) Extensions Prohibited The Secretary may not extend the term of a marketing assistance loan for any loan commodity. 1204. Repayment of loans (a) General Rule The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) a rate (as determined by the Secretary) that— (A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and (B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or (3) a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the commodity; (D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and (E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries. (b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium Grain Rice The Secretary shall permit producers to repay a marketing assistance loan under section 1201 for upland cotton, long grain rice, and medium grain rice at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section. (c) Repayment Rates for Extra Long Staple Cotton Repayment of a marketing assistance loan for extra long staple cotton shall be at the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (d) Prevailing World Market Price For purposes of this section and section 1207, the Secretary shall prescribe by regulation— (1) a formula to determine the prevailing world market price for each of upland cotton, long grain rice and medium grain rice; and (2) a mechanism by which the Secretary shall announce periodically those prevailing world market prices. (e) Adjustment of Prevailing World Market Price for Upland Cotton, Long Grain Rice, and Medium Grain Rice (1) Rice The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location. (2) Cotton The prevailing world market price for upland cotton determined under subsection (d)— (A) shall be adjusted to United States quality and location, with the adjustment to include— (i) a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1 3/32 (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and (B) may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2024, if the Secretary determines the adjustment is necessary— (i) to minimize potential loan forfeitures; (ii) to minimize the accumulation of stocks of upland cotton by the Federal Government; (iii) to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and (iv) to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if— (I) there are insufficient current-crop price quotations; and (II) the forward-crop price quotation is the lowest such quotation available. (3) Guidelines for additional adjustments In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market. (f) Repayment Rates for Confectionery and Other Kinds of Sunflower Seeds The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) the repayment rate established for oil sunflower seed. (g) Payment of Cotton Storage Costs Effective for each of the 2019 through 2023 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 10 percent. (h) Repayment Rate for Peanuts The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under section 1201 at a rate that is the lesser of— (1) the loan rate established for peanuts under section 1202(a)(20), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) a rate that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of peanuts by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing peanuts; and (D) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally. (i) Authority To Temporarily Adjust Repayment Rates (1) Adjustment authority In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section 1201 for a loan commodity. (2) Duration Any adjustment made under paragraph (1) in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis, as determined by the Secretary. 1205. Loan deficiency payments (a) Availability of Loan Deficiency Payments (1) In general Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section. (2) Unshorn pelts, hay, and silage (A) Marketing assistance loans Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201. (B) Loan deficiency payment Effective for each of the 2019 through 2023 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity. (b) Computation A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying— (1) the payment rate determined under subsection (c) for the commodity; by (2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 1201. (c) Payment Rate (1) In general In the case of a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (2) Unshorn pelts In the case of unshorn pelts, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for ungraded wool; exceeds (B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204. (3) Hay and silage In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (d) Exception for Extra Long Staple Cotton This section shall not apply with respect to extra long staple cotton. (e) Effective Date for Payment Rate Determination The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment. 1206. Payments in lieu of loan deficiency payments for grazed acreage (a) Eligible Producers (1) In general Effective for each of the 2019 through 2023 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. (2) Grazing of triticale acreage Effective for each of the 2019 through 2023 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage. (b) Payment Amount (1) In general The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under section 1116 with respect to that loan commodity on the farm; (II) in the case of a farm for which agriculture risk coverage is elected under section 1117, the payment yield that would otherwise be in effect with respect to that loan commodity on the farm in the absence of such election; or (III) in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(b). (2) Grazing of triticale acreage The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and (ii) (I) the payment yield in effect for the calculation of price loss coverage under subtitle A with respect to wheat on the farm; (II) in the case of a farm for which agriculture risk coverage is elected under section 1117, the payment yield that would otherwise be in effect for wheat on the farm in the absence of such election; or (III) in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(b). (c) Time, Manner, and Availability of Payment (1) Time and manner A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205. (2) Availability (A) In general The Secretary shall establish an availability period for the payments authorized by this section. (B) Certain commodities In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle. (d) Prohibition on crop insurance indemnity or noninsured crop assistance A 2019 through 2023 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act ( 7 U.S.C. 1501 7 U.S.C. 7333 1207. Special marketing loan provisions for upland cotton (a) Special import quota (1) Definition of special import quota In this subsection, the term special import quota (2) Establishment (A) In general The President shall carry out an import quota program beginning on August 1, 2019, as provided in this subsection. (B) Program requirements Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest priced United States growth, as quoted for Middling (M) 1 3/32 (3) Quantity The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary. (4) Application The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (2) and entered into the United States not later than 180 days after that date. (5) Overlap A special quota period may be established that overlaps any existing quota period if required by paragraph (2), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (b). (6) Preferential tariff treatment The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of— (A) section 213(d) of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2703(d) (B) section 204 of the Andean Trade Preference Act ( 19 U.S.C. 3203 (C) section 503(d) of the Trade Act of 1974 ( 19 U.S.C. 2463(d) (D) General Note 3(a)(iv) to the Harmonized Tariff Schedule. (7) Limitation The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 10 weeks’ consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year. (b) Limited global import quota for upland cotton (1) Definitions In this subsection: (A) Demand The term demand (i) the average seasonally adjusted annual rate of domestic mill consumption of cotton during the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary; and (ii) the larger of— (I) average exports of upland cotton during the preceding 6 marketing years; or (II) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established. (B) Limited global import quota The term limited global import quota (C) Supply The term supply (i) the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established; (ii) production of the current crop; and (iii) imports to the latest date available during the marketing year. (2) Program The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions: (A) Quantity The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary. (B) Quantity of prior quota If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand. (C) Preferential tariff treatment The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of— (i) section 213(d) of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2703(d) (ii) section 204 of the Andean Trade Preference Act ( 19 U.S.C. 3203 (iii) section 503(d) of the Trade Act of 1974 ( 19 U.S.C. 2463(d) (iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule. (D) Quota entry period When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary. (3) No overlap Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a). (c) Economic adjustment assistance for textile mills (1) In general Subject to paragraph (2), the Secretary shall, on a monthly basis, make economic adjustment assistance available to domestic users of upland cotton in the form of payments for all documented use of that upland cotton during the previous monthly period regardless of the origin of the upland cotton. (2) Value of assistance The value of the assistance provided under paragraph (1) shall be 3.15 cents per pound. (3) Allowable purposes Economic adjustment assistance under this subsection shall be made available only to domestic users of upland cotton that certify that the assistance shall be used only to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery. (4) Review or audit The Secretary may conduct such review or audit of the records of a domestic user under this subsection as the Secretary determines necessary to carry out this subsection. (5) Improper use of assistance If the Secretary determines, after a review or audit of the records of the domestic user, that economic adjustment assistance under this subsection was not used for the purposes specified in paragraph (3), the domestic user shall be— (A) liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; and (B) ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary. 1208. Special competitive provisions for extra long staple cotton (a) Competitiveness Program Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act through July 31, 2024, the Secretary shall carry out a program— (1) to maintain and expand the domestic use of extra long staple cotton produced in the United States; (2) to increase exports of extra long staple cotton produced in the United States; and (3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets. (b) Payments under program; trigger Under the program, the Secretary shall make payments available under this section whenever— (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and (2) the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 113 percent of the loan rate for extra long staple cotton. (c) Eligible Recipients The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section. (d) Payment Amount Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period. 1209. Availability of recourse loans (a) High moisture feed grains (1) Definition of high moisture state In this subsection, the term high moisture state (2) Recourse loans available For each of the 2019 through 2023 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— (A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state; (B) present— (i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or (ii) field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (C) certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and (D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary. (3) Eligibility of acquired feed grains A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying— (A) the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by (B) the lower of— (i) the payment yield in effect for the calculation of price loss coverage under section 1116, or the payment yield deemed to be in effect or established under subclause (II) or (III) of section 1206(b)(1)(B)(ii), with respect to corn or grain sorghum on a field that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained; or (ii) the actual yield of corn or grain sorghum on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained. (b) Recourse loans available for seed cotton For each of the 2019 through 2023 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production. (c) Recourse loans available for contaminated commodities 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. (d) Repayment Rates Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 1210. Adjustments of loans (a) Adjustment authority Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors. (b) Manner of adjustment The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitle C. (c) Cost saving option In carrying out this title, the Secretary shall consider methods to enhance the support, loan, or assistance provided under this title in a manner that further minimizes the potential for forfeitures. (d) Adjustment on county basis (1) In general The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays. (2) Prohibition Adjustments under this subsection shall not result in an increase in the national average loan rate for any year. (e) Adjustment in loan rate for cotton (1) In general The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors. (2) Types of adjustments Loan rate adjustments under paragraph (1) may include— (A) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection; (B) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and (C) such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3). (3) Consultation with private sector (A) Prior to revision In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry. (B) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection. (4) Review of adjustments The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further adjustments to the administration of the loan program for upland cotton, by revoking or revising any adjustment taken under paragraph (2). (f) Rice The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields). (g) Continuation of authority Section 166 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7286 and Subtitle B of title I of the Agricultural Act of 2014 subtitle B of title I of the Agricultural Act of 2014, and subtitle B of title I of the Agriculture and Nutrition Act of 2018 C Sugar 1301. Sugar policy (a) Continuation of Current Program and Loan Rates (1) Sugarcane Section 156(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(a)(4) 2018 2023 (2) Sugar beets Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(b)(2) 2018 2023 (3) Effective period Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(i) 2018 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) 2018 2023 (2) Effective period Section 359l(a) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359ll(a) 2018 2023 D Dairy Risk Management Program and Other Dairy Programs 1401. Dairy risk management program for dairy producers (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 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 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) (b) Corn silage report Not later than 1 year 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 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 of Agriculture, acting through the National Agricultural Statistics Service, shall revise monthly price survey reports to include prices for high-quality 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) (1) in paragraph (3), by striking If Subject to paragraph (5), if (2) by adding at the end the following new paragraph: (5) Certain multiproducer dairy operation exclusions (A) Exclusion of low-percentage owners To promote administrative efficiency in the dairy risk management program, a multiproducer dairy operation covered by paragraph (3) may elect, at the option of the multiproducer dairy operation, to exclude information from the registration process regarding any individual owner of the multiproducer dairy operation that— (i) holds less than a five percent ownership interest in the multiproducer dairy operation; or (ii) is entitled to less than five percent of the income, revenue, profit, gain, loss, expenditure, deduction, or credit of the multiproducer dairy operation for any given year. (B) Effect of exclusion on dairy risk management payments To the extent that an individual owner of a multiproducer dairy operation is excluded under subparagraph (A) from the registration of the multiproducer dairy operation, any dairy risk management payment made to the multiproducer dairy operation shall be reduced by an amount equal to the greater of the following: (i) The amount determined by multiplying the dairy risk management payment otherwise determined under section 1406 by the total percentage of ownership interests represented by the excluded owners. (ii) The amount determined by multiplying the dairy risk management payment otherwise determined under section 1406 by the total percentage of the income, revenue, profit, gain, loss, expenditure, deduction, or credit of the multiproducer dairy operation represented by the excluded owners. . (e) Relation to livestock gross margin for dairy program Section 1404(d) of the Agricultural Act of 2014 ( 7 U.S.C. 9054(d) (1) by striking but not both but not on the same production (2) by striking or the and the (3) by striking margin protection program dairy risk management program (f) Production history of participating dairy operators (1) Continued use of prior dairy operation production history Section 1405(a)(1) of the Agricultural Act of 2014 ( 7 U.S.C. 9055(a)(1) The production history of a participating dairy operation shall continue to be based on annual milk marketings during the 2011, 2012, or 2013 calendar year notwithstanding the operation of the dairy risk management program through 2023. (2) Adjustment Section 1405(a) of the Agricultural Act of 2014 ( 7 U.S.C. 9055(a) (A) in paragraph (2), by striking In subsequent years In the subsequent calendar years ending before January 1, 2019 (B) in paragraph (3), by inserting , as applicable paragraph (2) (3) Limitation on changes to business structure Section 1405 of the Agricultural Act of 2014 ( 7 U.S.C. 9055 (d) Limitation on changes to business structure The Secretary may not make dairy risk management 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) Dairy risk management payments (1) Election of coverage level threshold and coverage percentage Section 1406 of the Agricultural Act of 2014 ( 7 U.S.C. 9056 (A) in subsection (a), by striking annually (B) by adding at the end the following new subsection: (d) Deadline for election; duration Not later than 90 days after the date of the enactment of this subsection, each participating dairy operation shall elect a coverage level threshold under subsection (a)(1) and a coverage percentage under subsection (a)(2) to be used to determine dairy risk management payments. This election shall remain in effect for the participating dairy operation for the duration of the dairy risk management program, as specified in section 1409. . (2) Additional coverage level thresholds for certain producers Section 1406(a)(1) of the Agricultural Act of 2014 ( 7 U.S.C. 9056(a)(1) or $8.00 (and in the case of production subject to premiums under section 1407(b), also $8.50 or $9.00) (3) Election of production history coverage percentage Section 1406(a)(2) of the Agricultural Act of 2014 ( 7 U.S.C. 9056(a)(2) beginning with 25 percent and not exceeding but not to exceed (h) Premiums for participation in dairy risk management program (1) Premium per hundredweight for first 5 million pounds of production Section 1407(b) of the Agricultural Act of 2014 ( 7 U.S.C. 9057(b) (A) by striking paragraph (2) and inserting the following new paragraph: (2) Producer premiums The following annual premiums apply: Coverage Level Premium per Cwt. $4.00 None $4.50 $0.002 $5.00 $0.005 $5.50 $0.008 $6.00 $0.010 $6.50 $0.017 $7.00 $0.041 $7.50 $0.057 $8.00 $0.090 $8.50 $0.120 $9.00 $0.170 ; and (B) by striking paragraph (3). (2) Technical correction Section 1407(d) of the Agricultural Act of 2014 ( 7 U.S.C. 9057(d) Time for Method of (i) 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 I Dairy Risk Management Program for Dairy Producers . (2) Definitions Section 1401 of the Agricultural Act of 2014 ( 7 U.S.C. 9051 (A) by striking paragraphs (5) and (6) and inserting the following new paragraphs: (5) Dairy risk management program The terms dairy risk management program program (6) Dairy risk management payment The term dairy risk management payment ; and (B) in paragraphs (7) and (8), by striking margin protection (3) Calculation of Actual Dairy Production Margin Section 1402(b)(1) of the Agricultural Act of 2014 ( 7 U.S.C. 9052(b)(1) margin protection dairy risk management (4) Program operation Section 1403 of the Agricultural Act of 2014 ( 7 U.S.C. 9053 (A) in the section heading, by striking ESTABLISHMENT OF MARGIN PROTECTION DAIRY RISK MANAGEMENT (B) by striking Not later than September 1, 2014, the Secretary shall establish and administer a margin protection program The Secretary shall continue to administer a dairy risk management program (C) by striking margin protection payment dairy risk management payment (5) Participation Section 1404 of the Agricultural Act of 2014 ( 7 U.S.C. 9054 (A) in the section heading, by striking MARGIN PROTECTION (B) in subsection (a), by striking margin protection program to receive margin protection payments dairy risk management program to receive dairy risk management payments (C) in subsections (b) and (c), by striking margin protection (6) Production history Section 1405 of the Agricultural Act of 2014 ( 7 U.S.C. 9055 (A) in subsection (a)(1)— (i) by striking margin protection program dairy risk management program (ii) by striking margin protection (B) in subsection (c), by striking margin protection (7) Payments Section 1406 of the Agricultural Act of 2014 ( 7 U.S.C. 9056 (A) in the section heading, by striking MARGIN PROTECTION DAIRY RISK MANAGEMENT (B) by striking margin protection dairy risk management (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 (A) in the section heading, by striking MARGIN PROTECTION DAIRY RISK MANAGEMENT (B) in subsection (a), by striking margin protection program dairy risk management program (C) in subsection (e), by striking margin protection (9) Penalties Section 1408 of the Agricultural Act of 2014 ( 7 U.S.C. 9058 margin protection dairy risk management (10) Administration and enforcement Section 1410 of the Agricultural Act of 2014 ( 7 U.S.C. 9060 margin protection dairy risk management (j) Effective date The amendments made by this section shall take effect 60 days after the date of the enactment of this Act. (k) Duration Section 1409 of the Agricultural Act of 2014 ( 7 U.S.C. 9059 (1) by striking margin protection dairy risk management (2) by striking 2018 2023 1402. 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) Throughout the 2-year period such handlers. Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulation), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7, plus the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor regulation), plus the simple average of the advanced pricing factors computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulation), plus $0.74. (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 the enactment of this Act. (2) Implementation Implementation of the amendment made by subsection (a) is not subject to any of the following: (A) The notice and comment provisions of section 553 of title 5, United States Code. (B) The notice and hearing requirements of paragraphs (3) and (4) of section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c (C) The order amendment requirements of section 8c(17) of such Act ( 7 U.S.C. 608c(17) (D) A referendum under section 8c(19) of such Act ( 7 U.S.C. 608c(19) 1403. Extension of dairy forward pricing program Section 1502(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8772(e) (1) in paragraph (1), by striking 2018 2023 (2) in paragraph (2), by striking 2021 2026 1404. Extension of dairy indemnity program Section 3 of Public Law 90–484 7 U.S.C. 450 l 2018 2023 1405. Extension of dairy promotion and research program Section 113(e)(2) of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4504(e)(2) 2018 2023 1406. Repeal of dairy product donation program Section 1431 of the Agricultural Act of 2014 ( 7 U.S.C. 9071 E Supplemental Agricultural Disaster Assistance Programs 1501. Modification of supplemental agricultural disaster assistance (a) Covered livestock losses for livestock indemnity payments Section 1501(b) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(b) (1) in paragraph (1)— (A) by striking or (B) by striking the period at the end of subparagraph (B) and inserting ; or (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 Payment reductions. (b) Payment limitations and exclusion of gross income limitation Section 1501(f) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(f) (1) in paragraph (2)— (A) by striking this section (excluding payments received under subsections (b) and (e)) subsection (c) (B) by striking joint venture or general partnership qualified pass through entity (as such term is defined in paragraph (5) of section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) (2) by adding at the end the following new paragraph: (4) Exclusion of gross income limitation For purposes of this section only, subsection (b) of section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a . (c) Application of amendments Section 1501 of the Agricultural Act of 2014 ( 7 U.S.C. 9081 F Administration 1601. Administration generally (a) Use of Commodity Credit Corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. (b) Determinations by Secretary A determination made by the Secretary under this title shall be final and conclusive. (c) Regulations (1) In general Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this title and the amendments made by this title. (2) Procedure The promulgation of the regulations and administration of this title and the amendments made by this title shall be made without regard to— (A) the notice and comment provisions of section 553 of title 5, United States Code; and (B) chapter 35 Paperwork Reduction Act (3) Congressional review of agency rulemaking In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code. (d) Adjustment Authority Related to Trade Agreements Compliance (1) Required determination; adjustment If the Secretary determines that expenditures under this title that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 (2) Congressional notification Before making any adjustment 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 describing the determination made under that paragraph and the extent of the adjustment to be made. 1602. Suspension of permanent price support authority (a) Agricultural Adjustment Act of 1938 The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2019 through 2023 crops of covered commodities (as defined in section 1111), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2023: (1) Parts II through V of subtitle B of title III ( 7 U.S.C. 1326 (2) In the case of upland cotton, section 377 ( 7 U.S.C. 1377 (3) Subtitle D of title III ( 7 U.S.C. 1379a (4) Title IV ( 7 U.S.C. 1401 (b) Agricultural Act of 1949 (1) Applicability The following provisions of the Agricultural Act of 1949 shall not be applicable to the 2019 through 2023 crops of covered commodities (as defined in section 1111), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2023: (A) Section 101 ( 7 U.S.C. 1441 (B) Section 103(a) ( 7 U.S.C. 1444(a) (C) Section 105 ( 7 U.S.C. 1444b (D) Section 107 ( 7 U.S.C. 1445a (E) Section 110 ( 7 U.S.C. 1445e (F) Section 112 ( 7 U.S.C. 1445g (G) Section 115 ( 7 U.S.C. 1445k (H) Section 201 ( 7 U.S.C. 1446 (I) Title III ( 7 U.S.C. 1447 (J) Title IV ( 7 U.S.C. 1421 7 U.S.C. 1424 (K) Title V ( 7 U.S.C. 1461 (L) Title VI ( 7 U.S.C. 1471 (2) Clarifying amendments Section 201(a) of the Agricultural Act of 1949 ( 7 U.S.C. 1446(a) (A) by inserting , crambe, cottonseed, sesame seed mustard seed (B) by inserting dry peas, lentils, small chickpeas, large chickpeas, graded wool, nongraded wool, mohair, peanuts, honey, (C) by striking in accordance with this title consistent with the percentage levels of support provided under subsection (c), except as otherwise provided for under subsection (b) (c) Suspension of Certain Quota Provisions The joint resolution entitled A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended 7 U.S.C. 1330 1603. Payment limitations (a) In General Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 (1) in subsection (a)— (A) in paragraph (1) by striking section 1001 of the Food, Conservation, and Energy Act of 2008 section 1111 of the Agriculture and Nutrition Act of 2018 (B) in paragraph (2), by inserting first cousin, niece, nephew, sibling, (C) by redesignating paragraph (5) as (6); and (D) by inserting after paragraph (4) the following new paragraph: (5) Qualified pass through entity The term qualified pass through entity chapter 1 ; (2) in subsections (b) and (c) by striking entity Agricultural Act of 2014 entity (except a qualified pass through entity) for any crop year under sections 1116 and 1117 of the Agriculture and Nutrition Act of 2018 (3) in subsection (d) by striking associated associated with subtitle B of title I of the Agriculture and Nutrition Act of 2018 (4) in subsection (f), by adding the end the following new paragraph: (9) Administration of reduction The Secretary shall apply any order described in section 1614(d)(1) of the Agricultural Act of 2014 ( 7 U.S.C. 9097(d)(1) Agriculture and Nutrition Act of 2018 . (b) Treatment of qualified pass through entities Section 1001(e)(3)(B)(ii) of the Food Security Act of 1985 ( 7 U.S.C. 1308(e)(3)(B)(ii) (1) in the heading, by striking joint ventures and general partnerships qualified pass through entities (2) by striking joint venture or a general partnership qualified pass through entity (3) by striking joint ventures and general partnerships qualified pass through entities (4) by striking joint venture or general partnership qualified pass through entity (c) Conforming Amendments (1) Treatment of Federal agencies and State and local governments Section 1001(f) of the Food Security Act of 1985 ( 7 U.S.C. 1308(f) (A) in paragraph (5)(A), by striking or title XII title I of the Agriculture and Nutrition Act of 2018 (B) in paragraph (6)(A), by striking or title XII title I of the Agriculture and Nutrition Act of 2018 (2) Foreign persons ineligible Section 1001C(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–3(a) title I of the Agriculture and Nutrition Act of 2018, 2014, (d) Application The amendments made by this section shall apply beginning with the 2019 crop year. 1604. Adjusted gross income limitation (a) Limitations Section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)) is amended— (1) in subparagraph (A), by striking title I of the Agricultural Act of 2014 title I of the Agriculture and Nutrition Act of 2018 (2) in subparagraph (C)— (A) by inserting title II of the Agriculture and Nutrition Act of 2018 under (B) by striking Starting with fiscal year 2015, a A (3) by striking subparagraphs (B) and (D); and (4) by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively. (b) Exceptions (1) In general Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended by adding at the end the following: (3) Exceptions (A) Exception for qualified pass through entities Paragraph (1) shall not apply with respect to a qualified pass through entity (as such term is defined in section 1001(a)(5)). (B) Waiver The Secretary may waive the limitation established by paragraph (1) with respect to a payment pursuant to a covered benefit described in paragraph (2)(B), on a case-by-case basis, if the Secretary determines that environmentally sensitive land of special significance would be protected as a result of such waiver. . (2) Conforming amendments Section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a (A) in subsection (b)(1), by inserting subject to paragraph (3), of law, (B) in subsection (d), by striking , general partnership, or joint venture (c) Transition Section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a 1605. Prevention of deceased individuals receiving payments under farm commodity programs (a) Reconciliation At least twice each year, the Secretary shall reconcile Social Security numbers of all individuals who receive payments under this title, whether directly or indirectly, with the Commissioner of Social Security to determine if the individuals are alive. (b) Preclusion The Secretary shall preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for payments. 1606. Assignment of payments (a) In General The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(g) (b) Notice The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section. 1607. Tracking of benefits As soon as practicable after the date of enactment of this Act, the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles. 1608. Signature authority (a) In General In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, or qualified pass through entity (as such term is defined in paragraph (5) of section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) (b) Affirmation (1) In general Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a). (2) No retroactive effect A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers— (A) relied on the prior approval by the Secretary of the documents in good faith; and (B) substantively complied with all program requirements. 1609. Personal liability of producers for deficiencies Section 164(a) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7284(a) this title unless this title, title I of the Farm Security and Rural Investment Act of 2002, title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 Agriculture and Nutrition Act of 2018 1610. Implementation (a) Maintenance of base acres and payment yields The Secretary shall maintain, for each covered commodity, base acres and payment yields on a farm established under sections 1001 and 1301 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 7 U.S.C. 8711 7 U.S.C. 9012 (b) Streamlining In implementing this title and 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, including through the continuation of the Acreage Crop Reporting and Streamlining Initiative that, in part, shall ensure that— (A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department; (B) upon the request of the producer (or agent thereof), 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, and other information of the producer; and (C) no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability under the Acreage Crop Reporting and Streamlining Initiative for the eligibility of a producer for programs administered by the Department of Agriculture that are not policies or plans of insurance offered under the Federal Crop Insurance Act ( 7 U.S.C. 1501 (2) continue to improve coordination, information sharing, and administrative work with the Farm Service Agency, Risk Management Agency, and the Natural Resources Conservation Service; (3) continue to take advantage of new technologies to enhance efficiency and effectiveness of program delivery to producers; and (4) reduce administrative burdens on producers by offering such producers an option to remotely and electronically sign annual contracts for participation in coverage under sections 1116 and 1117. (c) Implementation The Secretary shall make available to the Farm Service Agency to carry out this title and amendments made by this title, $25,000,000. (d) Loan implementation (1) In general Section 1614(d)(1) of the Agricultural Act of 2014 ( 7 U.S.C. 9097(d)(1) (A) by inserting or subtitles B and C of the Agriculture and Nutrition Act of 2018 this title (B) by striking made by subtitles B or C made by such subtitles (C) by inserting of this title, and sections 1207(c) and 1208 of the Agriculture and Nutrition Act of 2018 1208 (2) Repayment Section 1614(d)(2) of the Agricultural Act of 2014 ( 7 U.S.C. 9097(d)(2) (A) by striking of subtitles B or C of subtitle B or C of this title, or subtitle B or C of the Agriculture and Nutrition Act of 2018 (B) by striking under subtitles B or C of subtitle B or C of this title, or subtitle B or C of the Agriculture and Nutrition Act of 2018 1611. Exemption from certain reporting requirements for certain producers (a) Definition of exempted producer In this section, the term exempted producer (b) Exemption Notwithstanding any other provision of law, including the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 31 U.S.C. 6101 II Conservation A Wetland Conservation 2101. Program ineligibility Section 1221(d) of the Food Security Act of 1985 ( 16 U.S.C. 3821(d) (1) by striking Except as provided (A) In general Except as provided ; and (2) by adding at the end the following: (B) Duty of the Secretary Before determining that a person is ineligible for program benefits under this subsection, the Secretary shall determine that no exemption under section 1222 applies. . 2102. Minimal effect regulations (a) Identification of minimal effect exemptions Section 1222(d) of the Food Security Act of 1985 ( 16 U.S.C. 3822(d) not later than 180 days after the date of enactment of the Agriculture and Nutrition Act of 2018 the Secretary shall identify (b) Mitigation banking Section 1222(k)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3822(k)(1)(B) (B) Funding (i) Funds of Commodity Credit Corporation To carry out this paragraph, the Secretary shall use $10,000,000 of the funds of the Commodity Credit Corporation beginning in fiscal year 2019, which funds shall remain available until expended. (ii) Authorization of appropriations In addition to amounts made available under clause (i), there are authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023. . B Conservation Reserve Program 2201. Conservation reserve (a) In General Section 1231(a) of the Food Security Act of 1985 ( 16 U.S.C. 3831(a) 2018 2023 (b) Enrollment Section 1231(d) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d) (1) in paragraph (1)— (A) in subparagraph (D), by striking ; and (B) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (F) fiscal year 2019, no more than 25,000,000 acres; (G) fiscal year 2020, no more than 26,000,000 acres; (H) fiscal year 2021, no more than 27,000,000 acres; (I) fiscal year 2022, no more than 28,000,000 acres; and (J) fiscal year 2023, no more than 29,000,000 acres. ; (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: (A) Limitation For purposes of applying the limitations in paragraph (1)— (i) no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years; (ii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 3,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and (iii) in carrying out clause (ii), 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; (III) fiscal year 2021, 2,000,000 acres; (IV) fiscal year 2022, 2,500,000 acres; and (V) fiscal year 2023, 3,000,000 acres. ; and (B) 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, the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3), and 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) State enrollment rates During each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall carry out this subchapter in such a manner as to enroll and maintain acreage in the conservation reserve in accordance with historical State enrollment rates, considering— (A) the average number of acres of all lands enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016; (B) the average number of acres of all lands 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). (4) Frequency In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup not less often than once every other year. . (c) Duration of contract Section 1231(e) of the Food Security Act of 1985 ( 16 U.S.C. 3831(e) (e) Duration of contract (1) In general Except as provided in paragraph (2), for the purpose of carrying out this subchapter, the Secretary shall enter into contracts of not less than 10, nor more than 15, years. (2) Certain continuous contracts With respect to contracts under this subchapter for the enrollment of land described in paragraph (4) or (5) of subsection (b), the Secretary shall enter into contracts of a period of 15 or 30 years. . (d) Eligibility for consideration Section 1231(h) of the Food Security Act of 1985 ( 16 U.S.C. 3831(h) (1) by striking On the expiration (1) In general On the expiration ; and (2) by adding at the end the following: (2) Reenrollment limitation for certain land 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. . 2202. Farmable wetland program (a) Program required Section 1231B(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(a)(1) 2018 2023 (b) Eligible acreage Section 1231B(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(b)(2) (2) Buffer acreage Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that, with respect to land described in subparagraph (A), (B), or (C) of paragraph (1)— (A) is contiguous to such land; (B) is used to protect such land; and (C) is of such width as the Secretary determines is necessary to protect such land, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land. . (c) Program limitations Section 1231B(c) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(c) (1) in paragraph (1)(B), by striking 750,000 500,000 (2) in paragraph (2), by striking Subject to paragraph (3), any acreage Any acreage (3) by striking paragraphs (3) and (4). (d) Duties of owners and operators Section 1231B(e) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(e) (1) in paragraph (2), by striking the semicolon and inserting ; and (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). (e) Duties of the Secretary Section 1231B(f) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(f) (1) in paragraph (1), by striking paragraphs (2) and (3) paragraph (2) (2) in paragraph (2), by striking section 1234(d)(2)(A)(ii) section 1234(d)(2)(A) (3) by striking paragraph (3). 2203. Duties of owners and operators (a) In general Section 1232(a) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a) (1) in paragraph (5), by inserting , which may include the use of grazing in accordance with paragraph (8), management on the land (2) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively, and 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 to improve the condition of resources, promote forest management, and enhance wildlife habitat on the land; . (b) Conservation plans Section 1232(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3832(b)(2) , if any, 2204. Duties of the Secretary (a) Cost-Share and rental payments Section 1233(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3833(a)(2) pay an annual rental payment in an amount necessary to compensate for pay an annual rental payment, in accordance with section 1234(d), for (b) Specified activities permitted Section 1233(b) of the Food Security Act of 1985 ( 16 U.S.C. 3833(b) (1) in paragraph (2)— (A) in the matter preceding subparagraph (A)— (i) by striking not less than 25 percent 25 percent (ii) by inserting (except that vegetative cover may not be harvested for seed) managed harvesting (B) in subparagraph (A), by striking ; and (C) in subparagraph (B), by striking is at least every 5 but not more than once every 3 years; contributes to the health and vigor of the established cover, and is not more than once every 3 years; and (D) by adding at the end the following: (C) shall ensure that 25 percent of the acres covered by the contract are not harvested, in accordance with an approved plan that provides for wildlife cover and shelter; ; (2) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking not less than 25 percent 25 percent (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking routine grazing, except that in permitting such routine grazing grazing, except that in permitting such grazing (ii) in clause (i), by striking continued routine grazing; and grazing; (iii) in clause (ii)— (I) in the matter preceding subclause (I), by striking routine grazing may be conducted, such that the frequency is not more than once every 2 years grazing may be conducted, such that the frequency contributes to the health and vigor of the established cover (II) in subclause (II), by striking the number of years that should be required between routine the appropriate frequency and duration of (III) in subclause (III), by striking routine (iv) by adding at the end the following: (iii) shall ensure that the grazing is conducted in accordance with an approved plan that does not restrict grazing during the primary nesting season and will reduce the stocking rate determined under clause (i) by 50 percent; and ; (3) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (4) by inserting after paragraph (3) the following: (4) grazing during the applicable normal grazing period determined under subclause (I) of section 1501(c)(3)(D)(i) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c)(3)(D)(i) ; (5) in paragraph (5), as so redesignated, by striking ; and and retains suitable vegetative structure for wildlife cover and shelter; (6) in paragraph (6)(C), as so redesignated, by striking the period at the end and inserting ; and (7) by adding at the end the following: (7) grazing pursuant to section 1232(a)(5), without any reduction in the rental rate, if the grazing is consistent with the conservation of soil, water quality, and wildlife habitat. . (c) Natural disaster or adverse weather as mid-contract management Section 1233 of the Food Security Act of 1985 ( 16 U.S.C. 3833 (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. . 2205. Payments (a) Cost sharing payments Section 1234(b) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b) (1) in paragraph (1), by striking 50 percent not more than 40 percent (2) by amending paragraph (2) to read as follows: (2) Limitations (A) Exception for seed costs In the case of seed costs related to the establishment of cover, cost share shall not exceed 25 percent of the total cost of the seed mixture. (B) Additional incentive payments Except as provided in subsection (c), the Secretary may not make additional incentive payments beyond the actual cost of installing measures and practices described in paragraph (1). (C) 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). ; and (3) by striking paragraphs (3) and (4) and redesignating paragraph (5) as paragraph (3). (b) Incentive payments Section 1234(c) of the Food Security Act of 1985 ( 16 U.S.C. 3834(c) (1) in the subsection heading, by striking Incentive Forest management payment (2) in paragraph (1), by striking The Secretary Using funds made available under section 1241(a)(1)(A), the Secretary (3) in paragraph (2), by striking 150 percent 100 percent (c) Annual rental payments Section 1234(d) of the Food Security Act of 1985 ( 16 U.S.C. 3834(d) (1) in paragraph (1)— (A) by striking less intensive use, the Secretary may consider less intensive use— (A) the Secretary may consider ; (B) by striking the period at the end and inserting ; and (C) by adding at the end the following: (B) the Secretary shall consider the impact on the local farmland rental market. ; (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: (A) In general (i) Initial enrollment The amounts payable to an owner or operator in the form of annual rental payments under a contract entered into under this subchapter with respect to land that has not previously been subject to such a contract shall be not more than 80 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the contract is entered into. (ii) Multiple enrollments If land subject to a contract entered into under this subchapter is reenrolled in the conservation reserve under section 1231(h)(1)— (I) for the first such reenrollment, the annual rental payment shall be in an amount that is not more than 65 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs; (II) for the second such reenrollment, the annual rental payment shall be in an amount that is not more than 55 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs; (III) for the third such reenrollment, the annual rental payment shall be in an amount that is not more than 45 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs; and (IV) for the fourth such reenrollment, the annual rental payment shall be in an amount that is not more than 35 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs. ; and (B) in subparagraph (B), by striking In the case Notwithstanding subparagraph (A), in the case (3) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); and (4) in paragraph (4), as so redesignated— (A) by striking cash (B) in subparagraph (A)— (i) by striking , not less frequently than once every other year, annually (ii) by inserting , and shall publish the estimates derived from such survey not later than September 15 of each year (C) in subparagraph (C)— (i) by striking may shall (ii) by striking as a factor in determining to determine (d) Payment limitation for rental payments Section 1234(g)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(2) (C) Limitation on payments Payments under subparagraph (B) shall not exceed 50 percent of the cost of activities carried out under the applicable agreement entered into under such subparagraph. . 2206. Contracts (a) Early termination by owner or operator Section 1235(e)(1)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3835(e)(1)(A) 2015 2019 (b) Transition option for certain farmers or ranchers Section 1235(f) of the Food Security Act of 1985 ( 16 U.S.C. 3835(f) (1) in paragraph (1)— (A) by amending subparagraph (A) to read as follows: (A) beginning on the date that is 1 year before the date of termination of the contract, allow the covered farmer or rancher, in conjunction with the retired or retiring owner or operator, to make conservation and land improvements, including preparing to plant an agricultural crop; ; (B) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively, and inserting after subparagraph (A) the following: (B) beginning on the date that is 3 years before the date of termination of the contract, allow the covered farmer or rancher to begin the certification process under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 ; (C) in subparagraph (D), as so redesignated, by inserting , and provide to such farmer or rancher technical and financial assistance to carry out the requirements of the plan, if any (D) in subparagraph (E), as so redesignated, by striking the conservation stewardship program or (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking The Secretary To the extent the maximum number of acres permitted to be enrolled under the program has not been met, the Secretary (B) in subparagraph (A), by striking eligible for enrollment under the continuous signup option pursuant to section 1234(d)(2)(A)(ii) is carried out on land described in paragraph (4) or (5) of section 1231(b) (c) End of contract considerations Section 1235(g) of the Food Security Act of 1985 ( 16 U.S.C. 3835(g) (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) enters into an environmental quality incentives program contract; and (B) begins the establishment of an environmental quality incentives practice; or (2) during the three years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990. . C Environmental Quality Incentives Program 2301. Definitions (a) Practice Section 1240A(4)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(4)(B) (1) in clause (i), by striking ; and (2) by redesignating clause (ii) as clause (iv) and inserting after clause (i) the following: (ii) precision conservation management planning; (iii) the use of cover crops and resource conserving crop rotations; and . (b) Priority resource concern Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 (5) Priority resource concern The term priority resource concern (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. . (c) Stewardship practice Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 (7) Stewardship practice The term stewardship practice . 2302. Establishment and administration (a) Establishment Section 1240B(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(a) 2019 2023 (b) Allocation of funding Section 1240B(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(f) (f) Allocation of funding For each of fiscal years 2014 through 2023, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g). . (c) Water conservation or irrigation efficiency practice Section 1240B(h) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(h) (1) by amending paragraph (1) to read as follows: (1) Availability of payments The Secretary may provide water conservation and system efficiency payments under this subsection to a producer for— (A) a water conservation scheduling technology or water conservation scheduling management; (B) irrigation-related structural practices; or (C) a transition to water-conserving crops or water-conserving crop rotations. ; (2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: (2) Limited eligibility of irrigation districts, irrigation associations, and acequias (A) In general Notwithstanding section 1001(f)(6), the Secretary may enter into a contract under this subsection with an irrigation district, irrigation association, or acequia to implement water conservation or irrigation practices pursuant to a watershed-wide project that will effectively conserve water, as determined by the Secretary. (B) Implementation Water conservation or irrigation practices that are the subject of a contract entered into under this paragraph shall be implemented on— (i) eligible land of a producer; or (ii) land that is under the control of the irrigation district, irrigation association, or acequia, and adjacent to such eligible land, as determined by the Secretary. (C) Waiver authority The Secretary may waive the applicability of the limitations in section 1001D(b)(2) or section 1240G of this Act for a payment made under a contract entered into under this paragraph if the Secretary determines that such a 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. ; and (3) in paragraph (3), as so redesignated— (A) in the matter preceding subparagraph (A), by striking to a producer 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 the land on which the practices will be implemented is located, there is a reduction in water use in the operation on such land (C) in subparagraph (B), by inserting with respect to an application under paragraph (1), the producer agrees (d) Stewardship contracts Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 (j) Stewardship contracts (1) Identification of eligible priority resource concerns for States (A) In general The Secretary, in consultation with the State technical committee, shall identify priority resource concerns within a State that are eligible to be the subject of a stewardship contract under this subsection. (B) Limitation The Secretary shall identify not more than 3 eligible priority resource concerns under subparagraph (A) within each area of a State. (2) Contracts (A) In general The Secretary shall enter into contracts with producers under this subsection that— (i) provide incentives, through annual payments, to producers to attain increased conservation stewardship on eligible land; (ii) adopt and install a stewardship practice to effectively address a priority resource concern identified as eligible under paragraph (1); and (iii) require management and maintenance of such stewardship practice for the term of the contract. (B) Term A contract under this subsection shall have a term of not less than 5, nor more than 10, years. (C) Prioritization Section 1240C(b) shall not apply to applications for contracts under this subsection. (3) Stewardship payments (A) In general The Secretary shall provide payments to producers through contracts entered into under paragraph (2) for— (i) adopting and installing stewardship practices; and (ii) managing, maintaining, and improving the stewardship 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 stewardship practice to be installed, adopted, completed, maintained, managed, or improved; (ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of the stewardship practice; (iii) income foregone by the producer; and (iv) the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the stewardship practice. (C) Limitation The total amount of payments a person or legal entity receives pursuant to subparagraph (A) shall not exceed $50,000 for any fiscal year. (4) Reservation of funds The Secretary may use not more than 50 percent of the funds made available under section 1241 to carry out this chapter for payments made pursuant to this subsection. . 2303. Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 or the period of fiscal years 2019 through 2023, 2018, 2304. Conservation innovation grants and payments (a) Competitive grants for innovative conservation approaches Section 1240H(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(a) (1) in paragraph (1), by inserting use not more than $25,000,000 in each of fiscal years 2019 through 2023 to the Secretary may (2) in paragraph (2)(A), by inserting or persons participating in an educational activity through an institution of higher education, including by carrying out demonstration projects on lands of the institution (b) Air quality concerns from agricultural operations Section 1240H(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(b)(2) , and $37,500,000 for each of fiscal years 2019 through 2023 2018 (c) On-Farm conservation innovation trials; reporting and database Section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 (c) On-Farm conservation innovation trials (1) In general Using not more than $25,000,000 of the funds made available to carry out this chapter in each of fiscal years 2019 through 2023, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches— (A) directly with producers; or (B) through eligible entities. (2) Incentive payments (A) Agreements In carrying out paragraph (1), the Secretary shall enter into agreements with producers on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches. (B) Length of incentives An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is— (i) not less than 3 years; and (ii) if appropriate, more than 3 years, including if such a period is appropriate to support— (I) adaptive management over multiple crop years; and (II) adequate data collection and analysis to report the natural resource and agricultural production benefits of the new or innovative conservation approaches. (3) Flexible adoption A producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1) may determine the scale of adoption of the new or innovative conservation approaches in the on-farm conservation innovation trial, which may include multiple scales on an operation, including whole farm, field-level, or sub-field scales. (4) Technical assistance The Secretary shall provide technical assistance— (A) to a producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to the design, installation, and management of the new or innovative conservation approaches; and (B) to an eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to data analyses of the on-farm conservation innovation trial. (5) Definitions In this subsection: (A) Eligible entity The term eligible entity (B) New or innovative conservation approaches The term new or innovative conservation approaches (i) new or innovative— (I) precision agriculture technologies; (II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems; (III) soil health management systems; (IV) water management systems; (V) resource-conserving crop rotations; (VI) cover crops; and (VII) irrigation systems; and (ii) any other conservation approach approved by the Secretary as new or innovative. (d) Reporting and database (1) Report required Not later than December 31, 2014, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of activities funded under this section, including— (A) funding awarded; (B) results of the activities; and (C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary. (2) Conservation practice database (A) In general The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides— (i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and (ii) a list of recommended new and effective conservation practices. (B) Privacy Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers. . D Other Conservation Programs 2401. Conservation of private grazing land Section 1240M(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(e) 2018 2023 2402. 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) 2018 2023 (b) Availability of funds Section 1240O(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2(b) (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. . 2403. Voluntary public access and habitat incentive program Section 1240R(f)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5(f)(1) (1) by striking 2012 and 2012, (2) by inserting , and $50,000,000 for the period of fiscal years 2019 through 2023 2404. Watershed protection and flood prevention (a) Authorization of appropriations Section 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(2)(E) 2018 2023 (b) Funds of Commodity Credit Corporation The Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 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 $100,000,000 for each of fiscal years 2019 through 2023, to remain available until expended. . 2405. Feral swine eradication and control pilot program (a) In general The Secretary of Agriculture 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 (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 of the Food Security Act of 1985. (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 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 $100,000,000 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. 2406. 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 (A) by striking the section designation and all that follows through The Secretary of Agriculture 401. Payments to producers (a) In general The Secretary of Agriculture (referred to in this title as the Secretary ; (B) in subsection (a), as so designated, by inserting wildfires, hurricanes, (C) by adding at the end the following: (b) Repair or replacement of fencing With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving the payment, determined based on the applicable percentage of the fair market value of the cost of the repair or replacement, as determined by the Secretary, before the agricultural producer carries out the repair or replacement. . (2) Conforming amendments (A) Sections 402, 403, 404, and 405 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2202 Secretary of Agriculture Secretary (B) Section 407(a) of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206(a) (b) Cost share payments Title IV of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 402A. Cost share requirement (a) Cost-share rate The maximum cost-share payment under section 401 and section 402 shall not exceed 75 percent of the total allowable cost, as determined by the Secretary. (b) Exception Not withstanding subsection (a), a qualified limited resource, socially disadvantaged, or beginning farmer or rancher payment under section 401 and 402 shall not exceed 90 percent of the total allowable cost, as determined by the Secretary. (c) Limitation In no case shall the total payment under section 401 and 402 for a single event exceed 50 percent of what the Secretary has determined to be the agriculture value of the land. . E Funding and Administration 2501. Commodity Credit Corporation (a) Annual funding Section 1241(a) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a) (1) in the matter preceding paragraph (1), by striking 2018 (and fiscal year 2019 in the case of the program specified in paragraph (5)) 2023 (2) in paragraph (1), by striking 2018 2023 (3) in paragraph (2)— (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting ; and (C) by adding at the end the following: (F) $500,000,000 for each of fiscal years 2019 through 2023. ; (4) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (5) in paragraph (3) (as so redesignated), by inserting , as in effect on the day before the date of enactment of the Agriculture and Nutrition Act of 2018, using such sums as are necessary to administer contracts entered into before the earlier of September 30, 2018, or such date of enactment (6) in paragraph (4) (as so redesignated)— (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking each of fiscal years 2018 through 2019. fiscal year 2018; (C) by adding at the end the following: (F) $2,000,000,000 for fiscal year 2019; (G) $2,500,000,000 for fiscal year 2020; (H) $2,750,000,000 for fiscal year 2021; (I) $2,935,000,000 for fiscal year 2022; and (J) $3,000,000,000 for fiscal year 2023. . (b) Availability of funds Section 1241(b) of the Food Security Act of 1985 ( 16 U.S.C. 3841(b) 2018 (and fiscal year 2019 in the case of the program specified in subsection (a)(5)) 2023 (c) Technical assistance Section 1241(c) of the Food Security Act of 1985 ( 16 U.S.C. 3841(c) (1) by amending paragraph (2) to read as follows: (2) Priority In the delivery of technical assistance under the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590a Agricultural Act of 2014 ; and (2) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (d) Regional equity (1) In general Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (2) Conforming amendments Section 1221(c) of the Food Security Act of 1985 ( 16 U.S.C. 3821(c) 1241(f) 1241(e) (e) Reservation of funds To provide assistance to certain farmers or ranchers for conservation access Section 1241(g) of the Food Security Act of 1985 (as redesignated by subsection (d) of this section) is amended— (1) in paragraph (1), by striking 2018 to carry out the environmental quality incentives program and the acres made available for each of such fiscal years to carry out the conservation stewardship program 2023 to carry out the environmental quality incentives program (2) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (f) Report on program enrollments and assistance Section 1241(h) of the Food Security Act of 1985 (as redesignated by subsection (d) of this section) is amended to read as follows: (h) Report on program enrollments and assistance Not later than December 15 of each of calendar years 2018 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 subtitle, 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 conservation 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) of this Act; (D) exceptions and activity associated with section 1240B(h)(2); and (E) exceptions provided by the Secretary under section 1265B(b)(2)(C). . 2502. Delivery of technical assistance (a) Definitions Section 1242(a) of the Food Security Act of 1985 ( 16 U.S.C. 3842(a) (a) Definitions In this section: (1) Eligible participant The term eligible participant (2) Third-party provider The term third-party provider . (b) Certification of third-Party providers Section 1242(e) of the Food Security Act of 1985 ( 16 U.S.C. 3842(e) (4) Alternative certification (A) In general In carrying out this subsection, the Secretary shall approve any qualified certification that the Secretary determines meets or exceeds the national criteria provided under paragraph (3)(B). (B) Qualified certification In this paragraph, the term qualified certification (i) as a Certified Crop Advisor by the American Society of Agronomy; (ii) as a Certified Professional Agronomist by the American Society of Agronomy; and (iii) as a Comprehensive Nutrient Management Plan Specialist by the Secretary. . 2503. Administrative requirements for conservation programs Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 (1) by striking subsection (m); (2) by redesignating subsections (i) through ( l (i) 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 waters for drinking water (including protecting against public health threats) while also benefitting agricultural producers. (2) Collaboration with water systems and increased incentives In encouraging practices under paragraph (1), the Secretary shall— (A) work collaboratively with community water systems and State technical committees established under section 1261 to identify, in each State, local priority areas for the protection of source waters for drinking water; and (B) offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized through conservation programs administered by the Secretary for practices that result in significant environmental benefits that the Secretary determines— (i) relate to water quality or water quantity; and (ii) occur primarily outside of the land on which the practices are implemented. (3) Reservation of funds 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 with respect to each conservation program administered by the Secretary under this title except the conservation reserve program. ; and (3) in subsection (m), as so redesignated, by striking the conservation stewardship program under subchapter B of chapter 2 of subtitle D and 2504. Establishment of State technical committees Section 1261(c) of the Food Security Act of 1985 ( 16 U.S.C. 3861(c) (14) The State 1862 Institution (as defined in section 2(1) of the Agricultural Research, Extension, and Education Reform Act of 1998). . F Agricultural Conservation Easement Program 2601. Establishment and purposes Section 1265(b) of the Food Security Act of 1985 ( 16 U.S.C. 3865(b) (1) in paragraph (3), by inserting that negatively affect the agricultural uses and conservation values that land (2) in paragraph (4), by striking restoring and restoring or 2602. Definitions (a) Agricultural land easement Section 1265A(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3865a(1)(B) subject to an agricultural land easement plan, as approved by the Secretary (b) Eligible land Section 1265A(3) of the Food Security Act of 1985 ( 16 U.S.C. 3865a(3) (1) by amending subparagraph (A)(iii)(VI) to read as follows: (VI) nonindustrial private forest land that contributes to the economic viability of an offered parcel, or serves as a buffer to protect such land from development, which may include up to 100 percent of the parcel if the Secretary determines enrolling the land is important to protect a forest to provide significant conservation benefits; ; and (2) in subparagraph (B)(i)(II), by striking , as determined by the Secretary in consultation with the Secretary of the Interior at the local level (c) Monitoring report Section 1265A of the Food Security Act of 1985 ( 16 U.S.C. 3865a (4) Monitoring report The term monitoring report . 2603. Agricultural land easements (a) Availability of assistance Section 1265B(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(a)(2) provide for the conservation of natural resources pursuant to an agricultural land easement plan implement the program (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) (B) Non-Federal share An eligible entity may use for any part of its share— (i) a cash contribution; (ii) a charitable donation or qualified conservation contribution (as defined by section 170(h) (iii) funding from a Federal source other than the Department of Agriculture. (C) 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. . (2) Evaluation and ranking of applications Section 1265B(b)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(3) (C) Accounting for geographic differences The Secretary shall, in coordination with State technical committees, adjust the criteria established under subparagraph (A) to account for geographic differences among States, if such adjustments— (i) meet the purposes of the program; and (ii) continue to maximize the benefit of the Federal investment under the program. . (3) Agreements with eligible entities Section 1265B(b)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(4) (A) in subparagraph (C)— (i) in clause (i), by inserting and the agricultural use of the land that is subject to the agricultural land easement the program (ii) 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 the holder of the easement fails to provide monitoring reports in a timely manner; (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) in subparagraph (E)(ii), by inserting in the case of fraud or gross negligence, the Secretary may require (C) by adding at the end the following: (F) Mineral development Upon request by an eligible entity, the Secretary shall allow, under an agreement under this subsection, mineral development on land subject to the agricultural land easement, if the Secretary determines that the mineral development— (i) has limited and localized effects; (ii) is not irremediably destructive of significant conservation interests; and (iii) would not alter or affect the topography or landscape. (G) Environmental services markets The Secretary may not prohibit, through an agreement under this subsection, an owner of land subject to the agricultural land easement from participating in, and receiving compensation from, an environmental services market if a purpose of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the program. . (4) Certification of eligible entities Section 1265B(b)(5) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(5) (A) in subparagraph (A)— (i) in clause (ii), by striking ; and (ii) in clause (iii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program. ; and (B) by amending subparagraph (B) to read as follows: (B) Certification criteria In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity— (i) is a land trust that has— (I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body (as determined by the Secretary); and (II) acquired not fewer than five agricultural land easements under the program; or (ii) will maintain, at a minimum, for the duration of the agreement— (I) a plan for administering easements that is consistent with the purpose of the program; (II) the capacity and resources to monitor and enforce agricultural land easements; and (III) policies and procedures to ensure— (aa) the long-term integrity of agricultural land easements on land subject to such easements; (bb) timely completion of acquisitions of such easements; and (cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program. . (c) Technical assistance Section 1265B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(d) (d) Technical assistance The Secretary may provide technical assistance, if requested, to assist in compliance with the terms and conditions of easements. . 2604. Wetland reserve easements Section 1265C(b)(5)(D)(i)(III) of the Food Security Act of 1985 ( 16 U.S.C. 3865c(b)(5)(D)(i)(III) under subsection (f) 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 five years 2605. Administration (a) Ineligible land Section 1265D(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3865d(a)(4) (1) by striking or off-site (2) by striking proposed or permitted or (b) Subordination, exchange, modification, and termination (1) Subordination and exchange Section 1265D(c)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3865d(c)(1) (A) in the paragraph heading, by striking In general Subordination and exchange (B) by striking subordinate, exchange, modify, or terminate subordinate or exchange (C) by striking subordination, exchange, modification, or termination subordination or exchange (2) Modification; termination Section 1265D(c) of the Food Security Act of 1985 ( 16 U.S.C. 3865d(c) (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (B) by inserting after paragraph (1) the following: (2) Modification (A) Authority The Secretary may modify any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the modification— (i) has a neutral effect on, or increases, the conservation values; (ii) is consistent with the original intent of the easement; and (iii) is consistent with the purposes of the program. (B) Limitation In modifying an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity. (3) Termination The Secretary may terminate any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if— (A) the current owner of the land that is subject to the easement and the holder of the easement agree to the termination; and (B) the Secretary determines that the termination would be in the public interest. ; and (C) in paragraph (5) (as so redesignated), by striking paragraph (1) paragraph (3) (c) Landowner eligibility Section 1265D of the Food Security Act of 1985 ( 16 U.S.C. 3865d (f) Landowner eligibility The limitation described in paragraph (1) of section 1001D(b) shall not apply to a landowner from which an easement under the program is to be purchased with respect to any benefit described in paragraph (2)(B) of such section related to the purchase of such easement. . G Regional Conservation Partnership Program 2701. Definitions (a) Covered program Section 1271A(1) of the Food Security Act of 1985 ( 16 U.S.C. 3871a(1) (1) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and (2) by adding at the end the following: (D) The conservation reserve program established under subchapter B of chapter 1 of subtitle D. (E) Programs provided for in the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 16 U.S.C. 1012 . (b) Eligible activity Section 1271A(2) of the Food Security Act of 1985 ( 16 U.S.C. 3871a(2) (1) in subparagraph (B), by inserting resource-conserving crop rotations, or dryland farming (2) by redesignating subparagraphs (C) through (J) as subparagraphs (D) through (K), respectively, and inserting after subparagraph (B) the following: (C) Protection of source waters for drinking water. . 2702. Regional conservation partnerships (a) Length Section 1271B(b) of the Food Security Act of 1985 ( 16 U.S.C. 3871b(b) (b) Length A partnership agreement, including a renewal of a partnership agreement under subsection (d)(5), shall be— (1) for a period not to exceed 5 years, which period the Secretary may extend one time for up to 12 months; or (2) for a period that is longer than 5 years, if such longer period is necessary to meet the objectives of the program, as determined by the Secretary. . (b) Duties of partners Section 1271B(c)(1)(E) of the Food Security Act of 1985 ( 16 U.S.C. 3871b(c)(1)(E) , including quantification of the project’s environmental outcomes (c) Applications Section 1271B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3871b(d) (1) in paragraph (1), by inserting simplified competitive process to select (2) by adding at the end the following: (5) Renewals If a project that is the subject of a partnership agreement has met or exceeded the objectives of the project, as determined by the Secretary, the eligible partners may submit, through an expedited program application process, an application to— (A) continue to implement the project under a renewal of the partnership agreement; or (B) expand the scope of the project under a renewal of the partnership agreement. . 2703. Assistance to producers Section 1271C(c) of the Food Security Act of 1985 ( 16 U.S.C. 3871c(c) (1) in paragraph (2), in the matter preceding subparagraph (A), by striking a period of 5 years the applicable period under section 1271B(b) (2) in paragraph (3), by striking the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers notwithstanding the requirements of paragraph (3) of section 1001D(b), the Secretary may waive the applicability of the limitation in paragraph (2) of such section, and any limitation on the maximum amount of payments related to the covered programs, for participating producers 2704. Funding Section 1271D(a) of the Food Security Act of 1985 ( 16 U.S.C. 3871d(a) (a) Availability of funds Of the funds of the Commodity Credit Corporation, the Secretary shall use, to carry out the program— (1) $100,000,000 for each of fiscal years 2014 through 2018; and (2) $250,000,000 for each of fiscal years 2019 through 2023. . 2705. Administration Section 1271E of the Food Security Act of 1985 ( 16 U.S.C. 3871e (1) by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following: (b) Guidance The Secretary shall provide eligible partners and producers participating in the partnership agreements with guidance on how to quantify and report on environmental outcomes associated with the adoption of conservation practices under the program. ; and (2) in subsection (c), as so redesignated— (A) in paragraph (3), by striking ; and (B) in paragraph (4)(C), by striking the period and inserting ; and (C) by adding at the end the following: (5) the progress that eligible partners and producers participating in the partnership agreements are making in quantifying and reporting on environmental outcomes associated with the adoption of conservation practices under the program. . 2706. Critical conservation areas Section 1271F(c) of the Food Security Act of 1985 ( 16 U.S.C. 3871f(c) H Repeals and Transitional Provisions; Technical Amendments 2801. Repeal of conservation security and conservation stewardship programs (a) Repeal Except as provided in subsection (b), chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d (b) Transitional provisions for conservation stewardship program (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d (2) No renewals Notwithstanding paragraph (1), the Secretary may not renew a contract described in such paragraph. 2802. Repeal of terminal lakes assistance Section 2507 of the Farm Security and Rural Investment Act of 2002 ( 16 U.S.C. 3839bb–6 2803. Technical amendments (a) Delineation of wetlands; exemptions Section 1222(j) of the Food Security Act of 1985 ( 16 U.S.C. 3822(j) National Resources Conservation Service Natural Resources Conservation Service (b) Delivery of technical assistance Section 1242 of the Food Security Act of 1985 ( 16 U.S.C. 3842 third party third-party (c) 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) General Accounting Office General Accountability Office (d) Watershed Protection and Flood Prevention Act Section 5(4) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1005(4) (1) by striking goodwater floodwater (2) by striking Secretary of Health, Education, and Welfare Secretary of Health and Human Services III Trade A Food for Peace Act 3001. Findings (a) Findings Congress finds the following: (1) The United States has long been the world’s largest donor of international food assistance. (2) American farmers have been instrumental in the success of United States international food assistance programs by providing an affordable, safe, and reliable source of nutritious agricultural commodities. (3) Through the efforts of the United States maritime industry and private voluntary organizations, agricultural commodities grown in the United States have been delivered to millions of people in need around the globe. (4) The United States should continue to use its abundant agricultural productivity to promote the foreign policy of the United States by enhancing the food security of the developing world through the timely provision of agricultural commodities. 3002. Labeling requirements Subsection (g) of section 202 of the Food for Peace Act ( 7 U.S.C. 1722 (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 commodities and 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. . 3003. Food aid quality assurance Section 202(h)(3) of the Food for Peace Act ( 7 U.S.C. 1722(h)(3) 2018 2023 3004. Local sale and barter of commodities Section 203 of the Food for Peace Act ( 7 U.S.C. 1723 (1) in subsection (a), by inserting to generate proceeds to be used as provided in this section (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 3005. Minimum levels of assistance Section 204(a) of the Food for Peace Act ( 7 U.S.C. 1724(a) 2018 2023 3006. Extension of termination date of Food Aid Consultative Group Section 205(f) of the Food for Peace Act ( 7 U.S.C. 1725(f) 2018 2023 3007. Issuance of regulations Section 207(c)(1) of the Food for Peace Act ( 7 U.S.C. 1726a(c)(1) the Agricultural Act of 2014 the Agriculture and Nutrition Act of 2018 3008. Funding for program oversight, monitoring, and evaluation Section 207(f)(4) of the Food for Peace Act ( 7 U.S.C. 1726a(f)(4) (1) in subparagraph (A)— (A) by striking $17,000,000 1.5 percent (B) by striking 2014 through 2018 2019 through 2023 (C) by striking 2018 2023 (2) in subparagraph (B)— (A) in clause (i), by striking 2018 2023 (B) in clause (ii), by striking chapter 1 of part I of 3009. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods Section 208 the Food for Peace Act ( 7 U.S.C. 1726b (1) by amending the section heading to read as follows: International Food Relief Partnership (2) in subsection (f), by striking 2018 2023 3010. 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) (1) in the matter preceding paragraph (1), by inserting , food procured outside of the United States, food voucher, or cash transfer for food, agricultural commodity (2) in paragraph (1), by inserting in the case of the provision of an agricultural commodity, adequate (3) in paragraph (2), by striking commodity agricultural commodity or use of the food procured outside of the United States, food vouchers, or cash transfers for food (b) Avoidance of disruptive impact Section 403(b) of the Food for Peace Act ( 7 U.S.C. 1733(b) (1) in the first sentence, by inserting , food procured outside of the United States, food vouchers, and cash transfers for food agricultural commodities (2) in the second sentence, by striking of sales of agricultural commodities 3011. Prepositioning of agricultural commodities Section 407(c)(4)(A) of the Food for Peace Act ( 7 U.S.C. 1736a(c)(4)(A) 2018 2023 3012. 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)(1) (f) Annual report regarding food aid programs and activities (1) In general Not later than April 1 of each fiscal year, the Administrator and the Secretary shall prepare, either jointly or separately, a report regarding each program and activity carried out under this Act during the prior fiscal year. If the report for a fiscal year will not be submitted to the appropriate committees of Congress by the date specified in this subparagraph, the Administrator and the Secretary shall promptly notify such committees about the delay, including the reasons for the delay, the steps being taken to complete the report, and an estimated submission date. (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 (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 the 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 section. (3) Rate of return described For purposes of applying subparagraph (H), 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 3013. Deadline for agreements to finance sales or to provide other assistance Section 408 of the Food for Peace Act ( 7 U.S.C. 1736b 2018 2023 3014. Minimum level of nonemergency food assistance Subsection (e) of section 412 of the Food for Peace Act ( 7 U.S.C. 1736f (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 . 3015. Termination date for micronutrient fortification programs Section 415(c) of the Food for Peace Act ( 7 U.S.C. 1736g–2(c) 2018 2023 3016. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program (a) Clarification of nature of assistance Section 501(b)(1) of the Food for Peace Act ( 7 U.S.C. 1737(b)(1) technical assistance (b) Eligible participants Section 501(b)(2) of the Food for Peace Act ( 7 U.S.C. 1737(b)(2) retired extension staff of the Department of Agriculture, private corporations, (c) Additional purpose Section 501(b) of the Food for Peace Act ( 7 U.S.C. 1737(b) (1) by striking and (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph: (6) foster appropriate investments in institutional capacity-building and allow longer-term and sequenced assignments and partnerships to provide deeper engagement and greater continuity on such projects; and . (d) Minimum funding Subsection (d) of section 501 of the Food for Peace Act ( 7 U.S.C. 1737 (d) Minimum Funding (1) In general Notwithstanding any other provision of law, in addition to any funds that may be specifically appropriated to carry out this section, not less than the greater of $15,000,000 or 0.6 percent of the amounts made available for each of fiscal years 2014 through 2023, to carry out this Act shall be used to carry out programs under this section, of which— (A) not less than 0.2 percent to be used for programs in developing countries; and (B) not less than 0.1 percent to be used for programs in sub-Saharan African and Caribbean Basin countries. (2) Treatment of expenditures Funds used to carry out programs under this section shall be counted towards the minimum level of nonemergency food assistance specified in section 412(e). . (e) Authorization of appropriations Section 501(e)(1) of the Food for Peace Act ( 7 U.S.C. 1737(e)(1) 2018 2023 B Agricultural Trade Act of 1978 3101. Findings Congress finds the following: (1) United States export development programs significantly increase demand for United States agriculture products within foreign markets, boosting agricultural export volume and overall farm income, and generating a net return of $28 in added export revenue for each invested program dollar. (2) Our global competitors provide substantially more public support for export promotion than is provided to United States agricultural exporters. The Market Access Program and Foreign Market Development Program receive combined annual funding of approximately $234,500,000. In comparison, the European Union allocates $255,000,000 annually for the international promotion of wine alone. (3) The preservation and streamlining of United States export market development programs complements the recent reorganization within the Department of Agriculture by ensuring the newly established Under Secretary for Trade and Foreign Agricultural Affairs has the tools necessary to enhance the competitiveness of the United States agricultural industry on the global stage. 3102. Consolidation of current programs as new International Market Development Program (a) International Market Development Program Section 205 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5625 205. International Market Development Program (a) Program required The Secretary and the Commodity Credit Corporation shall establish and carry out a program, to be known as the International Market Development Program (b) Market access program component (1) In general As one of the components of the International Market Development Program, the Commodity Credit Corporation shall carry out a program to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities through cost-share assistance to eligible trade organizations that implement a foreign market development program. (2) Types of assistance Assistance under this subsection may be provided in the form of funds of, or commodities owned by, the Commodity Credit Corporation, as determined appropriate by the Secretary. (3) Participation requirements (A) Marketing plan and other requirements To be eligible for cost-share assistance under this subsection, an eligible trade organization shall— (i) prepare and submit a marketing plan to the Secretary that meets the guidelines governing such a marketing plan specified in this paragraph or otherwise established by the Secretary; (ii) meet any other requirements established by the Secretary; and (iii) enter into an agreement with the Secretary. (B) Purpose of marketing plan A marketing plan submitted under this paragraph shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this subsection is being requested. (C) Specific elements To be approved by the Secretary, a marketing plan submitted under this paragraph shall— (i) specifically describe the manner in which assistance received by the eligible trade organization, in conjunction with funds and services provided by the eligible trade organization, will be expended in implementing the marketing plan; (ii) establish specific market goals to be achieved under the marketing plan; and (iii) contain whatever additional requirements are determined by the Secretary to be necessary. (D) Branded promotion A marketing plan approved by the Secretary may provide for the use of branded advertising to promote the sale of United States agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary. (E) Amendments An approved marketing plan may be amended by the eligible trade organization at any time, subject to the approval by the Secretary of the amendments. (4) Level of assistance and cost-share requirements (A) In general The Secretary shall justify in writing the level of assistance to be provided to an eligible trade organization under this subsection and the level of cost sharing required of the organization. (B) Limitation on branded promotion Assistance provided under this subsection for activities described in paragraph (3)(D) shall not exceed 50 percent of the cost of implementing the marketing plan, except that the Secretary may determine not to apply such limitation in the case of United States agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 (5) Other terms and conditions (A) Multi-year basis The Secretary may provide assistance under this subsection on a multi-year basis, subject to annual review by the Secretary for compliance with the approved marketing plan. (B) Termination of assistance The Secretary may terminate any assistance made, or to be made, available under this subsection if the Secretary determines that— (i) the eligible trade organization is not adhering to the terms and conditions applicable to the provision of the assistance; (ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan; (iii) the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or (iv) the Secretary determines that termination of assistance in a particular instance is in the best interests of the program. (C) Evaluations Beginning not later than 15 months after the initial provision of assistance under this subsection to an eligible trade organization, the Secretary shall monitor the expenditures by the eligible trade organization of such assistance, including the following: (i) An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities. (ii) An evaluation of whether assistance provided under this subsection is necessary to maintain such markets. (iii) A thorough accounting of the expenditure by the eligible trade organization of the assistance provided under this subsection. (6) Restrictions on use of funds Assistance provided under this subsection to an eligible trade organization shall not be used— (A) to provide direct assistance to any foreign for-profit corporation for the corporation’s use in promoting foreign-produced products; or (B) to provide direct assistance to any for-profit corporation that is not recognized as a small business concern, excluding a cooperative, an association described in the first section of the Act entitled An Act To authorize association of producers of agricultural products 7 U.S.C. 291 (7) Permissive use of funds Assistance provided under this subsection to a United States agricultural trade association, cooperative, or small business may be used for individual branded promotional activity related to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of assistance provided under this subsection. (8) Program considerations and priorities In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall— (A) give equal consideration to— (i) proposals submitted by organizations that were participating organizations in prior fiscal years; and (ii) proposals submitted by eligible trade organizations that have not previously participated in the program established under this title; (B) give equal consideration to— (i) proposals submitted for activities in emerging markets; and (ii) proposals submitted for activities in markets other than emerging markets. (9) Priority In providing assistance for branded promotion, the Secretary should give priority to small-sized entities. (10) Contribution level (A) In general The Secretary should require a minimum contribution level of 10 percent from an eligible trade organization that receives assistance for nonbranded promotion. (B) Increases in contribution level The Secretary may increase the contribution level in any subsequent year that an eligible trade organization receives assistance for nonbranded promotion. (11) Additionality The Secretary should require each participant in the program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to program activities. (12) Independent audits If as a result of an evaluation or audit of activities of a participant under the program, the Secretary determines that a further review is justified in order to ensure compliance with the requirements of the program, the Secretary should require the participant to contract for an independent audit of the program activities, including activities of any subcontractor. (13) Tobacco No funds made available under the market promotion program may be used for activities to develop, maintain, or expand foreign markets for tobacco. (c) Foreign Market Development Cooperator component (1) In general As one of the components of the International Market Development Program, the Secretary shall carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities. (2) Cooperation The Secretary shall carry out the foreign market development cooperator program in cooperation with eligible trade organizations. (3) Administration Funds made available to carry out the foreign market development cooperator program shall be used only to provide— (A) cost-share assistance to an eligible trade organization under a contract or agreement with the organization; and (B) assistance for other costs that are necessary or appropriate to carry out the foreign market development cooperator program, including contingent liabilities that are not otherwise funded. (4) Program considerations In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall— (A) give equal consideration to— (i) proposals submitted by eligible trade organizations that were participating organizations in the foreign market development cooperator program in prior fiscal years; and (ii) proposals submitted by eligible trade organizations that have not previously participated in the foreign market development cooperator program; and (B) give equal consideration to— (i) proposals submitted for activities in emerging markets; and (ii) proposals submitted for activities in markets other than emerging markets. (d) Technical assistance for specialty crops component (1) In general As one of the components of the International Market Development Program, the Secretary shall carry out an export assistance program to address existing or potential barriers that prohibit or threaten the export of United States specialty crops. (2) Purpose The export assistance program required by this subsection shall provide direct assistance through public and private sector projects and technical assistance to remove, resolve, or mitigate existing or potential sanitary and phytosanitary and technical barriers to trade. (3) Priority The export assistance program required by this subsection shall address time sensitive and strategic market access projects based on— (A) trade effect on market retention, market access, and market expansion; and (B) trade impact. (4) Annual report The Secretary shall submit to the appropriate committees of Congress an annual report that contains, for the period covered by the report, a description of each factor that affects the export of specialty crops, including each factor relating to any significant sanitary or phytosanitary issue or trade barrier. (e) E. (Kika) de la Garza Emerging Markets Program component (1) In general (A) Establishment of program The Secretary, in order to develop, maintain, or expand export markets for United States agricultural commodities, is directed— (i) to make available to emerging markets the expertise of the United States to make assessments of the food and rural business systems needs of such emerging markets; (ii) to make recommendations on measures necessary to enhance the effectiveness of the systems, including potential reductions in trade barriers; and (iii) to identify and carry out specific opportunities and projects to enhance the effectiveness of those systems. (B) Extent of program The Secretary shall implement this paragraph with respect to at least 3 emerging markets in each fiscal year. (2) Implementation of program The Secretary may implement the requirements of paragraph (1)— (A) by providing assistance to teams consisting primarily of agricultural consultants, farmers, other persons from the private sector and government officials expert in assessing the food and rural business systems of other countries to enable such teams to conduct the assessments, make the recommendations, and identify the opportunities and projects specified in such paragraph in emerging markets; and (B) by providing for necessary subsistence and transportation expenses of— (i) United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States food and rural business system experts to assist in transferring knowledge and expertise to entities in emerging markets; and (ii) individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance food and rural business systems of such emerging markets and to transfer knowledge and expertise to such emerging markets. (3) Cost-sharing The Secretary shall encourage the nongovernmental experts described in paragraph (2) to share the costs of, and otherwise assist in, the participation of such experts in the program under this paragraph. (4) Technical assistance The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) necessary to enhance the effectiveness of food and rural business systems needs of emerging markets, including potential reductions in trade barriers. (5) Reports to Secretary A team that receives assistance under paragraph (2) shall prepare such reports with respect to the use of such assistance as the Secretary may require. (f) Definitions In this section: (1) Eligible Trade Organization (A) Market access program component In subsection (b), the term eligible trade organization (i) a United States agricultural trade organization or regional State-related organization that promotes the export and sale of United States agricultural commodities and that does not stand to profit directly from specific sales of United States agricultural commodities; (ii) a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or (iii) a private organization that promotes the export and sale of United States agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development. (B) Foreign market development cooperator component In subsection (c), the term eligible trade organization’ (i) promotes the export of one or more United States agricultural commodities; and (ii) does not have a business interest in or receive remuneration from specific sales of United States agricultural commodities. (2) Emerging market The term emerging market (A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and (B) has the potential to provide a viable and significant market for United States agricultural commodities. (3) Small-business concern The term small-business concern 15 U.S.C. 632(a) (4) United States agricultural commodity The term United States agricultural commodity 7 U.S.C. 5602 7 U.S.C. 6502 . (b) Funding provision Subsection (c) of section 211 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641 (c) International Market Development Program (1) In general Of the funds of the Commodity Credit Corporation, the Secretary shall make available for the International Market Development Program under section 205 $255,000,000 for each of the fiscal years 2019 through 2023. Such amounts shall remain available until expended. (2) Set-asides (A) Market Access Program Component Of the funds made available under paragraph (1) for a fiscal year, not less than $200,000,000 shall be used for the market access program component of the International Market Development Program under subsection (b) of section 205. (B) Foreign Market Development Cooperator component Of the funds made available under paragraph (1) for a fiscal year, not less than $34,500,000 shall be used for the foreign market development cooperator component of the International Market Development Program under subsection (c) of section 205. (C) Technical assistance for specialty crops component Of the funds made available under paragraph (1) for a fiscal year, not more than $9,000,000, shall be used for the specialty crops component of the International Market Development Program under subsection (d) of section 205. (D) Agricultural exports to emerging markets component Of the funds made available under paragraph (1) for a fiscal year, not more than $10,000,000 shall be used to promote agricultural exports to emerging markets under the International Market Development Program under subsection (e) of section 205. . (c) Repeal of superseded programs (1) Market access program Section 203 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5623 (2) Promotional assistance Section 1302 of the Omnibus Budget Reconciliation Act of 1993 is repealed. (3) Foreign market development cooperator program Title VII of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5721–5723 (4) Export assistance program for specialty crops Section 3205 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680 (5) Emerging markets program Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5622 Public Law 101–624 (d) Conforming amendments (1) Agricultural Trade Act of 1978 The Agricultural Trade Act of 1978 is amended— (A) in section 202 ( 7 U.S.C. 5622 (k) Combination of programs The Commodity Credit Corporation may carry out a program under which commercial export credit guarantees available under this section are combined with direct credits from the Commodity Credit Corporation under section 201 to reduce the effective rate of interest on export sales of United States agricultural commodities. ; and (B) in section 402(a)(1) ( 7 U.S.C. 5662(a)(1) 203 205(b) (2) Agricultural Marketing Act of 1946 Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(f)(2)(C) section 203 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5623 section 205 of the Agricultural Trade Act of 1978 (3) Food, Agriculture, Conservation, and Trade Act of 1990 Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 3293(b)(5) 1542(f) 1542(e) C Other Agricultural Trade Laws 3201. 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) 2018 2023 3202. 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 Public Law 101–624 2018 2023 3203. Bill Emerson Humanitarian Trust Act Section 302 of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 (1) in subsection (b)(2)(B)(i), by striking 2018 2023 (2) in subsection (h), by striking 2018 2023 3204. Food for Progress Act of 1985 (a) Extension Section 1110 of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985; 7 U.S.C. 1736o (1) in subsection (f)(3), by striking 2018 2023 (2) in subsection (g), by striking 2018 2023 (3) in subsection (k), by striking 2018 2023 (4) in subsection (l)(1), by striking 2018 2023 (b) Eligible entities Section 1110(b)(5) of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985; 7 U.S.C. 1736o(b)(5) (1) by striking and (2) by redesignating subparagraph (F) as subparagraph (G); and (3) 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) . (c) Private voluntary organizations and other private entities Section 1110(o) of the Food Security Act of 1985 is amended in paragraph (1) by striking (F) (G) 3205. McGovern-Dole International Food for Education and Child Nutrition Program (a) Consideration of Proposals Section 3107(f)(1)(B) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(f)(1)(B) and, to the extent practicable, that assistance will be provided on a timely basis so as to coincide with the beginning of and when needed during the relevant school year (b) Authorization of appropriations Section 3107(l)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(l)(2) 2018 2023 3206. Cochran fellowship program (a) Authorized locations for training Section 1543(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 3293(a) for study in the United States. 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. . (b) Fellowship purposes Section 1543(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 3293(c)(2) , including trade linkages involving regulatory systems governing sanitary and phyto-sanitary standards for agricultural products 3207. Borlaug fellowship program Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 7 U.S.C. 3319j 1473G. Borlaug International Agricultural Science and Technology Fellowship Program (a) Fellowship program (1) Establishment The Secretary shall establish a fellowship program, to be known as the Borlaug International Agricultural Science and Technology Fellowship Program (2) Fellowships to individuals from eligible countries As part of the fellowship program, the Secretary shall provide fellowships to individuals from eligible countries as described in subsection (b) who specialize in agricultural education, research, and extension for scientific training and study designed to assist individual fellowship recipients, including the following 3 programs: (A) A graduate studies program in agriculture to assist individuals who participate in graduate agricultural degree training at a United States institution. (B) An individual career improvement program to assist agricultural scientists from developing countries in upgrading skills and understanding in agricultural science and technology. (C) A Borlaug agricultural policy executive leadership course to assist senior agricultural policy makers from eligible countries, with an initial focus on individuals from sub-Saharan Africa and the independent states of the former Soviet Union. (3) Fellowships to United States citizens As part of the fellowship program, the Secretary shall 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 (1) Fellowships to individuals from eligible countries A fellowship provided under subsection (a)(2) shall— (A) promote food security and economic growth in eligible countries by— (i) educating a new generation of agricultural scientists; (ii) increasing scientific knowledge and collaborative research to improve agricultural productivity; and (iii) extending that knowledge to users and intermediaries in the marketplace; and (B) support— (i) training and collaborative research opportunities through exchanges for entry level international agricultural research scientists, faculty, and policymakers from eligible countries; (ii) collaborative research to improve agricultural productivity; (iii) the transfer of new science and agricultural technologies to strengthen agricultural practice; and (iv) the reduction of barriers to technology adoption. (2) Fellowships to United States citizens A fellowship provided under subsection (a)(3) shall— (A) develop globally minded United States agriculturists with experience living abroad; (B) focus on meeting the food and fiber needs of the domestic population of eligible countries; and (C) strengthen and enhance trade linkages between eligible countries and the United States agricultural industry. (d) Fellowship recipients (1) Fellowships to individuals from eligible countries (A) Eligible candidates The Secretary may provide fellowships under subsection (a)(2) to individuals from eligible countries who specialize or have experience in agricultural education, research, extension, or related fields, including— (i) individuals from the public and private sectors; and (ii) private agricultural producers. (B) Candidate identification For fellowships under subsection (a)(2), the Secretary shall use the expertise of United States land-grant colleges and universities and similar universities, international organizations working in agricultural research and outreach, and national agricultural research organizations to help identify program candidates for fellowships from the public and private sectors of eligible countries. (C) Location of training The scientific training or study of fellowship recipients under subsection (a)(2) shall occur— (i) in the United States; or (ii) at a college or university located in an eligible country that the Secretary determines— (I) has sufficient scientific and technical facilities; (II) has established a partnership with at least one college or university in the United States; and (III) 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) Fellowships to United States citizens (A) Eligible candidates The Secretary may provide fellowships under subsection (a)(3) to citizens of the United States who— (i) hold at least a bachelors degree in an agricultural related field of study; and (ii) have an understanding of United States school-based agricultural education and youth extension programs, as determined by the Secretary. (B) Candidate identification For fellowships under subsection (a)(3), the Secretary shall consult with the National FFA Organization, the National 4–H Council, and other entities as the Secretary deems appropriate to identify candidates for fellowships. (e) Program implementation The Secretary shall provide for the management, coordination, evaluation, and monitoring of the Borlaug International Agricultural Science and Technology Fellowship Program and for the individual programs described in subsection (a), except that— (1) the Secretary may contract out to 1 or more collaborating universities the management of 1 or more of the fellowship programs under subsection (a)(2); and (2) the Secretary may contract out the management of the fellowship program under subsection (a)(3) 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. (f) Authorization of appropriations (1) In general There are authorized to be appropriated $6,000,000 to carry out this section. (2) Set-asides Of any funds made available pursuant to paragraph (1), not less than $2,800,000 shall be used to carry out the fellowship program for individuals from eligible countries under subsection (a)(2). (3) Duration Any funds made available pursuant to paragraph (1) shall remain available until expended. . 3208. Global Crop Diversity Trust (a) United States Contribution Limit Section 3202(b) of the Food, Conservation, and Energy Act of 2008 ( 22 U.S.C. 2220a Public Law 110–246 25 percent 33 percent (b) Authorization of appropriations Section 3202(c) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 22 U.S.C. 2220a for the period of fiscal years 2014 through 2018 for the period of fiscal years 2019 through 2023 3209. Growing American Food Exports Act of 2018 Section 1543A of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5679 1543A. Biotechnology and Agricultural Trade Program (a) Establishment There is established in the Department of Agriculture a program to be known as the Biotechnology and Agricultural Trade Program (b) Purpose The purpose of the program established under this section shall be to remove, resolve, or mitigate significant regulatory nontariff barriers to the export of United States agricultural commodities into foreign markets through policy advocacy and targeted projects that address— (1) issues relating to United States agricultural commodities produced with the use of biotechnology or new agricultural production technologies; (2) advocacy for science-based regulation in foreign markets of biotechnology or new agricultural production technologies; or (3) quick-response intervention regarding non-tariff barriers to United States exports produced through biotechnology or new agricultural production technologies. (c) Eligible programs Depending on need, as determined by the Secretary, activities authorized under this section may be carried out through— (1) this section; (2) the emerging markets program under section 1542; or (3) the Cochran Fellowship Program under section 1543. . IV Nutrition A Supplemental Nutrition Assistance Program 4001. Duplicative enrollment database (a) Expansion of the duplicative enrollment database The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 30. Duplicative enrollment database (a) In general The Secretary shall establish an interstate database, or system of databases, of supplemental nutrition assistance program information to be known as the Duplicative Enrollment Database that shall include the data submitted by each State pursuant to section 11(e)(26) and that shall meet security standards as determined by the Secretary. (b) Purpose Any database, or system of databases, established pursuant to subsection (a) shall be used by States when making eligibility determinations to prevent supplemental nutrition assistance program participants from receiving duplicative benefits in multiple States. (c) Implementation (1) Issuance of interim final regulations Not later than 18 months after the effective date of this section, the Secretary shall issue interim final regulations to carry out this section that— (A) incorporate best practices and lessons learned from the regional pilot project referenced in section 4032(c) of the Agricultural Act of 2014 ( 7 U.S.C. 2036c(c) (B) protect the privacy of supplemental nutrition assistance program participants and applicants consistent with section 11(e)(8); and (C) detail the process States will be required to follow for— (i) conducting initial and ongoing matches of participant and applicant data; (ii) identifying and acting on all apparent instances of duplicative participation by participants or applicants in multiple States; (iii) disenrolling an individual who has applied to participate in another State in a manner sufficient to allow the State in which the individual is currently applying to comply with sections 11(e)(3) and (9); and (iv) complying with such other rules and standards the Secretary determines appropriate to carry out this section. (2) Timing The initial match and corresponding actions required by paragraph (1)(C) shall occur within 3 years after the date of the enactment of the Agriculture and Nutrition Act of 2018 (d) Reports Using the data submitted to the Duplicative Enrollment Database, the Secretary shall publish an annual report analyzing supplemental nutrition assistance program participant characteristics, including participant tenure on the program. The report shall be made available to the public in a manner that prevents identification of participants that receive supplemental nutrition assistance program benefits. . (b) State data collection and submission requirements Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) (1) in paragraph (24) by striking and (2) in paragraph (25) by striking the period at the end and inserting ; and (3) by adding at the end the following: (26) that the State agency shall collect and submit supplemental nutrition assistance program data to the Duplicative Enrollment Database established in section 30, in accordance with guidance or rules issued by the Secretary establishing a uniform method and format for the collection and submission of data, including for each member of a participating household— (A) the social security number or the social security number substitute; (B) the employment status of such member; (C) the amount of income and whether that income is earned or unearned; (D) that member’s portion of the household monthly allotment, and (E) the portion of the aggregate value of household assets attributed to that member. . 4002. Retailer-funded incentives pilot The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 31. Retailer-funded incentives pilot (a) In general The Secretary shall establish a pilot project in accordance with subsection (d) through which participating retail food stores provide bonuses to participating households based on household purchases of fruits, vegetables, and fluid milk. (b) Definitions For purposes of this section— (1) The term bonus (2) The term fluid milk (3) The term fruits (4) The term retail food store (5) The term vegetables (c) Project participant plans To participate in the pilot project established under subsection (a), a retail food store shall submit to the Secretary for approval a plan that includes— (1) a method of quantifying the cost of fruits, vegetables, and fluid milk, that will earn households a bonus; (2) a method of providing bonuses to participating households and adequately testing such method; (3) a method of ensuring bonuses earned by households may be used only to purchase food eligible for purchase under the supplemental nutrition assistance program; (4) a method of educating participating households about the availability and use of a bonus; (5) a method of providing data and reports, as requested by the Secretary, for purposes of analyzing the impact of the pilot project established under subsection (a) on household access, ease of bonus use, and program integrity; and (6) such other criteria, including security criteria, as established by the Secretary. (d) Pilot project requirements Retail food stores with plans approved under subsection (c) to participate in the pilot project established under subsection (a) shall— (1) provide a bonus in a dollar amount not to exceed 10 percent of the price of the purchased fruits, vegetables, and fluid milk; (2) fund the dollar amount of bonuses used by households, and pay for administrative costs, such as fees and system costs, associated with providing such bonuses; (3) ensure that bonuses earned by households may be used only to purchase food eligible for purchase under the supplemental nutrition assistance program; and (4) provide data and reports as requested by the Secretary for purposes of analyzing the impact of the pilot project established under subsection (a) on household access, ease of bonus use, and program integrity. (e) Limitation A retail food store participating in a project under section 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 (f) Implementation Not later than 18 months after the date of the enactment of Agriculture and Nutrition Act of 2018 (g) Reimbursements (1) Rate of reimbursement Subject to paragraphs (2) and (3), the Secretary shall reimburse retail food stores with plans approved under subsection (f) in an amount not to exceed 25 percent of the dollar value of bonuses earned by households and used to purchase food eligible for purchase under the supplemental nutrition assistance program. (2) Aggregate amount of reimbursements The aggregate amount of reimbursements paid in a fiscal year to all retail food stores that participate in the pilot project established under subsection (a) in such fiscal year shall not exceed $120,000,000. (3) Requirements (A) Timeline Not later than 1 year after the date of the enactment of the Agriculture and Nutrition Act of 2018 (B) Distribution of reimbursements (i) Monthly payments Reimbursements payable under this subsection shall be paid on a monthly basis. (ii) Prorated payments If funds made available under subsection (h) are insufficient to pay in full reimbursements payable for a month because of the operation of paragraph (2), such reimbursements shall be paid on a pro rata basis to the extent funds remain available for payment. (h) Funding From funds made available under section 18(a)(1) for a fiscal year, the Secretary shall allocate not to exceed $120,000,000 for reimbursements payable under this section for such fiscal year. . 4003. Gus Schumacher food insecurity nutrition incentive program (a) Amendments Section 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 (1) by striking the heading and inserting Gus Schumacher food insecurity nutrition incentive program (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)(ii)— (I) in subclause (II) by inserting financial providing (II) by amending subclause (III) to read as follows: (III) has adequate plans to collect data for reporting and agrees to participate in a program evaluation; and . (III) in subclause (IV) by striking ; and (IV) by striking subclause (V), and (ii) by amending subparagraph (B) to read as follows: (B) Priorities In awarding grants under this section— (i) the Secretary shall give priority to projects that— (I) maximize the share of funds used for direct incentives to participants; (II) include coordination with multiple stakeholders, such as farm organizations, nutrition education programs, cooperative extension service programs, public health departments, health providers, private and public health insurance agencies, cooperative grocers, grocery associations, and community-based and non-governmental organizations; (III) have the capacity to generate sufficient data and analysis to demonstrate effectiveness of program incentives; and (ii) the Secretary may also give priority to projects that— (I) are located in underserved communities; (II) use direct-to-consumer sales marketing; (III) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers; (IV) provide locally or regionally produced fruits and vegetables; (V) offer supplemental services in high-need communities, including online ordering, transportation between home and store, and delivery services; (VI) provide year-round access to program incentives; and (VII) address other criteria as established by the Secretary. , (B) by amending paragraph (4) to read as follows: (4) Training, evaluation, and information center (A) In general The Secretary, in consultation with the Director of the National Institute of Food and Agriculture, shall establish a Food Insecurity Nutrition Incentive Program Training, Evaluation, and Information Center capable of providing services related to grants under subsection (b), including— (i) offering incentive program training and technical assistance to applicants and grantees to the extent practicable; (ii) collecting, evaluating, and sharing information on best practices on common incentive activities; (iii) assisting with collaboration among grantee projects, State agencies, and nutrition education programs; (iv) facilitating communication between grantees and the Department of Agriculture; and (v) compiling program data from grantees and generating an annual report to Congress on grant outcomes. (B) Cooperative agreement To carry out subparagraph (A), the Secretary may enter into a cooperative agreement with an organization with expertise in the supplemental nutrition assistance program incentive programs, including— (i) nongovernmental organizations; (ii) State cooperative extension services; (iii) regional food system centers; (iv) Federal and State agencies; (v) public, private, and land-grant colleges and universities; and (vi) other appropriate entities as determined by the Secretary. (C) Funding limitation Of the funds made available under subsection (c), the Secretary may use to carry out this paragraph not more than— (i) $2,000,000 for each of the fiscal years 2019 and 2020, and (ii) $1,000,000 for each fiscal year thereafter. , and (3) in subsection (c)— (A) in paragraph (1) by striking 2014 through 2018 2019 through 2023 (B) in paragraph (2)— (i) in subparagraph (B) by striking and (ii) in subparagraph (C) by striking the period at the end and inserting ; (iii) by adding at the end the following: (D) $45,000,000 for fiscal year 2019; (E) $50,000,000 for fiscal year 2020; (F) $55,000,000 for fiscal year 2021; (G) $60,000,000 for fiscal year 2022; and (H) $65,000,000 for fiscal year 2023 and each fiscal year thereafter. . (b) Conforming amendment The table of contents of Food, Conservation, and Energy Act of 2008 is amended by striking the item relating to section 4405 by inserting the following: Sec. 4405. Gus Schumacher food insecurity nutrition incentive program. . 4004. Re-evaluation of thrifty food plan Section 3(u) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(u) 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, and consumption patterns. . 4005. Food distribution programs on Indian reservations Section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) (1) in paragraph (6)— (A) in the heading by striking locally-grown locally- and regionally-grown (B) in subparagraph (A) by striking locally-grown locally- and regionally-grown (C) in subparagraph (C)— (i) by striking locally grown locally- and regionally-grown (ii) by striking locally-grown 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) (E) (ii) by striking 2018 2023 (2) by adding at the end the following: (7) Funds availability Funds made available for a fiscal year to carry out this subsection shall remain available for obligation for a period of 2 fiscal years. . 4006. Update to categorical eligibility Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (1) in the 2d sentence of subsection (a)— (A) by striking receives benefits (1) receives cash assistance or ongoing and substantial services (B) by striking supplemental security with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), (2) is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 (C) by striking or aid or (4) receives aid (2) in subsection (j)— (A) by striking or who receives benefits cash assistance or ongoing and substantial services (B) by striking to have with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), or who is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Act ( 42 U.S.C. 601 4007. Basic allowance for housing (a) Exclusion of basic allowance for housing Section 5(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d) (1) in paragraph (18) by striking and (2) in paragraph (19)(B) by striking the period and inserting ; and (3) by adding at the end the following: (20) the value of an allowance received under section 403 of title 37 of the United States Code that does not exceed $500 monthly. . (b) Update to excess shelter expense deduction Section 5(e)(6)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6)(A) , except that for a household that receives the allowance under section 403 of title 37, United States Code, only the expenses in excess of that allowance shall be counted towards a household’s expenses for the calculation of the excess shelter deduction . 4008. Earned income deduction Section 5(e)(2)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(2)(B) 20 22 4009. 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) (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. . 4010. Availability of standard utility allowances based on receipt of energy assistance (a) Allowance to recipients of energy assistance (1) Standard utility allowance Section 5(e)(6)(C)(iv)(I) of the of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6)(C)(iv)(I) (2) Conforming amendments Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act is amended by inserting received by a household with an elderly member , consistent with section 5(e)(6)(C)(iv)(I) (b) Third-party energy assistance payments Section 5(k)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(k)(4) (1) in subparagraph (A) by inserting without an elderly member household (2) in subparagraph (B) by inserting with an elderly member household 4011. Child support; cooperation with child support agencies (a) Deductions for child support payments (1) Amendments Section 5(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e) (A) by striking paragraph (4), and (B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (2) Conforming amendment Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (A) in subsection (k)(4)(B) by striking (e)(6) (e)(5) (B) in subsection (n) by striking Regardless of whether a State agency elects to provide a deduction under subsection (e)(4), the The (b) Cooperation With Child Support Agencies (1) Amendments Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (A) in subsection (l)(1) by striking At the option of a State agency, subject Subject (B) in subsection (m)(1) by striking At the option of a State agency, subject Subject (C) by striking subsection (n). (2) Conforming amendment Section 5(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(a) and (r) and (p) 4012. Adjustment to asset limitations Section 5(g)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(g)(1) (1) in subparagraph (A)— (A) by striking $2,000 $7,000 (B) by striking $3,000 $12,000 (2) in subparagraph (B) by striking 2008 2019 4013. Updated vehicle allowance Section 5(g) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(g) (1) in paragraph (1)(B)(i)— (A) by striking (i) In general.— (i) In general (I) Beginning , and (B) by adding at the end the following: (II) Beginning on October 1, 2019, and each October 1 thereafter, the amount specified in paragraph (2)(B)(iv) shall be adjusted in the manner described in subclause (I). , and (2) in paragraph (2)— (A) by amending subparagraph (B)(iv) to read as follows: (iv) subject to subparagraph (C), with respect to any licensed vehicle that is used for household transportation or to obtain or continue employment— (I) 1 vehicle for each licensed driver who is a member of such household to the extent that the fair market value of the vehicle exceeds $12,000; and (II) each additional vehicle; and , and (B) by striking subparagraph (D). 4014. Savings excluded from assets Section 5(g) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(g) (1) in paragraph (1)(B)(i) by adding at the end the following: (III) Beginning on October 1, 2019, and each October 1 thereafter, the amount specified in paragraph (2)(B)(v) shall be adjusted in the manner described in subclause (I). , and (2) in paragraph (2)(B)(v) by inserting to the extent that the value exceeds $2,000 account 4015. Workforce solutions (a) Conditions of participation Section 6(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d) (1) in paragraph (1)— (A) in subparagraph (A)— (i) by striking No Subject to subparagraph (C), no (ii) by striking over the age of 15 and under the age of 60 at least 18 years of age and less than 60 years of age (iii) by amending clause (i) to read as follows: (i) without good cause, fails to work or refuses to participate in either an employment and training program established in paragraph (4), a work program, or any combination of work, an employment and training program, or work program— (I) a minimum of 20 hours per week, averaged monthly in fiscal years 2021 through 2025; or (II) a minimum of 25 hours per week, averaged monthly in fiscal years 2026 and each fiscal year thereafter; . (iv) by striking clauses (ii) and (vi), (v) in clause (iv) by adding or (vi) in clause (v)(II) by striking 30 hours per week; or the hourly requirements applicable under paragraph (1)(B)(i). (vii) by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively, (B) by striking subparagraph (B), (C) by amending subparagraph (C) to read as follows: (C) Limitation Subparagraph (B) shall not apply to an individual during the first month that individual would otherwise become subject to subparagraph (B) and be found in noncompliance with such subparagraph. , (D) in subparagraph (D)— (i) in clause (iii)(I) by striking (A) (B) (ii) in clause (iv) by striking (A)(v) (B)(iv) (iii) by striking clauses (v) and (vi), (E) by redesignating subparagraphs (A) and (D) as subparagraphs (B) and (I), respectively, (F) by inserting before subparagraph (B), as so redesignated, the following: (A) Definition of work program In this subsection, the term work program (i) a program under title I of the Workforce Innovation and Opportunity Act; (ii) a program under section 236 of the Trade Act of 1974 ( 19 U.S.C. 2296 (iii) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the chief executive officer of the State and the Secretary, other than a program under paragraph (4). , and (G) by inserting after subparagraph (C) the following: (D) Transition period During each of the fiscal years 2019 and 2020, States shall continue to implement and enforce the work and employment and training program requirements consistent with this subsection, subsection (e), subsection (o) excluding paragraph (6)(F), section 7(i), section 11(e)(19), and section 16 (excluding subparagraphs (A), (B), (D), and (C) of subsection (h)(1)) as those provisions were in effect on the day before the effective date of this subparagraph. (E) Ineligibility (i) Notification of failure to meet work requirements The State agency shall issue a notice of adverse action to an individual not later than 10 days after the State agency determines that the individual has failed to meet the requirements applicable under subparagraph (B). (ii) First violation The 1st time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until— (I) the date that is 12 months after the date the individual became ineligible; (II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or (III) the date that the individual is no longer subject to the requirements of subparagraph (B); whichever is earliest. (iii) Second or subsequent violation The 2d or subsequent time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until— (I) the date that is 36 months after the date the individual became ineligible; (II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or (III) the date the individual is no longer subject to the requirements of subparagraph (B); whichever is earliest. (F) Waiver (i) In general On the request of a State agency, the Secretary may waive the applicability of subparagraph (B) to individuals in the State if the Secretary makes a determination that the area in which the individuals reside— (I) has an unemployment rate of over 10 percent; (II) is designated as a Labor Surplus Area by the Employment and Training Administration of the Department of Labor for the current fiscal year based on the criteria for exceptional circumstances as described in section 654.5 of title 20 of the Code of Federal Regulations; (III) has a 24-month average unemployment rate 20 percent or higher than the national average for the same 24-month period unless the 24-month average unemployment rate of the area is less than 6 percent, except that the 24-month period shall begin no earlier than the 24-month period the Employment and Training Administration of the Department of Labor uses to designate Labor Surplus Areas for the current fiscal year; or (IV) is in a State— (aa) that is in an extended benefit period (within the meaning of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970); or (bb) in which temporary or emergency unemployment compensation is being provided under any Federal law. (ii) Jurisdictions with limited data In carrying out clause (i), in the case of a jurisdiction for which Bureau of Labor Statistics unemployment data is limited or unavailable, such as an Indian Reservation or a territory of the United States, a State may support its request based on other economic indicators as determined by the Secretary. (iii) Limit on combining jurisdictions In carrying out clause (i), the Secretary may waive the applicability of subparagraph (B) only to a State or individual jurisdictions within a State, except in the case of combined jurisdictions that are designated as Labor Market Areas by the Department of Labor. (iv) Report The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report on the basis for granting a waiver under clause (i). (G) 15-percent exemption (i) Definitions In this subparagraph: (I) Caseload The term caseload (II) Covered individual The term covered individual (aa) is not eligible for an exception under paragraph (2); (bb) does not reside in an area covered by a waiver granted under subparagraph (F); and (cc) is not complying with subparagraph (B). (ii) General rule Subject to clauses (iii) through (v), a State agency may provide an exemption from the requirements of subparagraph (B) for covered individuals. (iii) Fiscal year 2021 and thereafter Subject to clauses (iv) and (v), for fiscal year 2021 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 2019, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for the most recent fiscal year and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. (iv) Caseload adjustments The Secretary shall adjust the number of individuals estimated for a State under clause (iii) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State’s caseload by more than 10 percent, as determined by the Secretary. (v) Reporting requirements (I) Reports by State agencies A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. (II) Annual report by the Secretary The Secretary shall annually compile and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report that contains the reports submitted under subclause (I) by State agencies. (H) Other program rules Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act. , (2) in paragraph (2)— (A) in the 1st sentence— (i) by striking paragraph (1) paragraph (1)(B) (ii) by striking (E) (E) receiving weekly earnings which equal the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) , and (B) by striking the last sentence, (3) in paragraph (3) by striking registration requirements requirement (4) in paragraph (4)— (A) in subparagraph (A)— (i) by redesignating clause (ii) as clause (iii), and (ii) by inserting after clause (i) the following: (ii) Mandatory minimum services Each State agency shall offer employment and training program services sufficient for all individuals subject to the requirements of paragraph (1)(B)(i) who are not currently ineligible pursuant to paragraph (1)(E), exempt pursuant to subparagraphs (F) and (G) or paragraph (2) of subsection (d), and for all individuals covered by paragraph (1)(C), to meet the hourly requirements specified in paragraph (1)(B)(i) to the extent that such requirements will not be satisfied by hours of work or participation in a work program. , and (B) in subparagraph (B)— (i) by inserting after contains case management services consisting of comprehensive intake assessments, individualized service plans, progress monitoring, and coordination with service providers, and , (ii) by amending clause (i) to read as follows: (i) Supervised job search programs that occur at State-approved locations in which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines set forth by the State. , (iii) in clause (ii) by striking jobs skills assessments, job finding clubs, training in techniques for employability assessments, training in techniques to increase (iv) by striking clause (iii), (v) in clause (iv) in the 1st sentence by inserting , including subsidized employment, apprenticeships, and unpaid or volunteer work that is limited to 6 months out of a 12-month period (vi) in clause (v) by inserting , including family literacy and financial literacy, literacy (vii) in clause (vii) by striking not more than (viii) by redesignating clauses (iv) through (viii) as clauses (iii) through (vii), respectively, (C) by striking subparagraphs (D), (E), and (F), and inserting the following: (D) Each State agency shall establish requirements for participation by non-exempt individuals in the employment and training program components listed in clauses (i) through (vii) of subparagraph (B). Such requirements may vary among participants. , (D) in subparagraph (H) by striking (B)(v) (B)(iv) (E) by redesignating subparagraphs (G) through (M) as subparagraphs (E) through (K), respectively. (b) Conforming amendments (1) Amendments to the Food and Nutrition Act of 2008 Section 5(d)(14) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d)(14) 6(d)(4)(I) 6(d)(4)(G) (2) Amendment to other laws (A) Internal Revenue Code of 1986 Section 51(d)(8)(A)(ii) 26 U.S.C. 51(d)(8)(A)(ii) (i) in subclause (I) by striking , or (ii) by striking family— (I) receiving family receiving (iii) by striking subclause (II). (B) Workforce Innovation and Opportunity Act The Workforce Innovation and Opportunity Act ( Public Law 113–128 (i) in section 103(a)(2) by striking subparagraph (D), and (ii) in section 121(b)(2)(B) by striking clause (iv). (c) Related requirements Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (1) in subsection (e)(5)(A) by inserting or of an incapacitated person 6 (2) by striking subsection (o). (d) Conforming amendments The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 (1) in section 6, as amended by section 4011 and subsection (c), by redesignating subsections (p) through (s) as subparagraphs (n) through (q), respectively, and (2) in section 7(i)(1) by striking 6(o)(2) 6(d)(1)(B) (e) State plan Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(19) geographic areas and households to be covered under such program, and the basis, including any cost information, extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act, the plan for meeting the minimum services requirement under section 6(d)(4)(A)(ii) including any cost information, and the basis (f) Funding of Employment and Training Programs Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) (1) in paragraph (1)— (A) in subparagraph (A) by striking $90,000,000 under section 18(a)(1)— (i) $90,000,000 for fiscal year 2019; (ii) $250,000,000 for fiscal year 2020; and (iii) $1,000,000,000 for each fiscal year thereafter. , (B) by amending subparagraph (B)(ii) to read as follows: (ii) takes into account— (I) for fiscal years 2019 and 2020, the number of individuals who are not exempt from the work requirement under section 6(o) as that section existed on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 (II) for fiscal years 2021 and each fiscal year thereafter, the number of individuals who are not exempt from the requirements under section 6(d)(1)(B). , (C) in subparagraph (D) by striking $50,000 $100,000 (D) by amending subparagraph (E) to read as follows: (E) Reservation of funds Of the funds made available under this paragraph for fiscal year 2021 and for each fiscal year thereafter, not more than $150,000,000 shall be reserved for allocation to States to provide training services by eligible providers identified under section 122 of the Workforce Innovation and Opportunity Act for participants in the supplemental nutrition assistance program to meet the hourly requirements under section 6(d)(1)(B) of this Act. , and (2) in paragraph (5)(C)— (A) in clause (ii) by adding and (B) in clause (iii) by striking ; and (C) by striking clause (iv). (g) Work supplementation or work support program (1) Repealer Subsection (b) of section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(b) (2) Conforming amendment Section 5(e)(2)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(2)(A) (A) Definition of earned income In this paragraph, the term ‘‘earned income’’ does not include income excluded by subsection (d). . (h) Workfare (1) Repealer Section 20 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2029 (2) Conforming amendments The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 (A) in section 16(h)— (i) in paragraph (1)(F)— (I) in clause (i)— (aa) in subclause (I) by inserting (as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 this Act (bb) in subclause (II)(bb) by inserting (as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 (II) in clause (ii)— (aa) in subclause (II)(cc) by inserting (as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 20 (bb) in subclause (III)(ee)(AA) by inserting as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 6(o) (III) in clause (vi)(I) by inserting as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 6(d) (ii) in paragraph (3) by striking under section 6(d)(4)(I)(i)(II) for dependent care expenses under section 6(d)(4) (B) in section 17(b)— (i) in paragraph (1)(B)(iv)(III)(jj) by inserting as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 20 (ii) by striking paragraph (2). 4016. Modernization of electronic benefit transfer regulations Section 7(h)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(2) (1) in the 1st sentence by inserting and shall periodically review such regulations and modify such regulations to take into account evolving technology and comparable industry standards (2) in subparagraph (C)— (A) by striking (C)(i) abuse; and (C) (i) risk-based measures to maximize the security of a system using the most effective technology available that the State agency considers appropriate and cost effective including consideration of recipient access and ease of use and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, alternatives for securing transactions, and other measures to protect against fraud and abuse; and , and (B) by moving the left margin of clause (ii) 4 ems to the left. 4017. Mobile technologies Section 7(h)(14) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(14) (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 Project Requirements (ii) by striking retail food store 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, including any fees not described in paragraph (13); (IV) requires that foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store, as determined by the Secretary; (V) ensures adequate documentation for each authorized transaction, adequate security measures to deter fraud, and adequate access to retail food stores that accept benefits accessed through mobile technologies, as determined by the Secretary; (VI) provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household access to benefits; and (VII) meets other criteria as established by the Secretary. , (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, 2020. , 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 2022 (B) by inserting requires further study by way of an extended pilot period or States 4018. Processing fees (a) Limitation Section 7(h)(13) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(13) (13) Fees No interchange fees shall apply to electronic benefit transfer transactions under this subsection. Neither a State, nor any agent, contractor, or subcontractor of a State who facilitates the provision of supplemental nutrition assistance program benefits in such State may impose a fee for switching or routing such benefits. . (b) Conforming amendment Section 7(j)(1)(H) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (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. . 4019. Replacement of EBT cards Section 7(h)(8)(B)(ii) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(8)(B)(ii) an excessive number of lost cards 2 lost cards in a 12-month period 4020. Benefit recovery Section 7(h)(12) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(12) (1) in subparagraph (A) by inserting , or due to the death of all members of the household inactivity (2) in subparagraph (B) by striking 6 3 (3) in subparagraph (C) by striking 12 months 6 months, or upon verification that all members of the household are deceased 4021. 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) or house-to-house trade route , 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) (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). 4022. National gateway (a) Issuance of benefits Section 7 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016 (1) in subsection (d) by striking benefits by benefit issuers benefit issuers and other independent sales organizations, third-party processors, and web service providers that provide electronic benefit transfer services or equipment to retail food stores and wholesale food concerns, (2) by adding at the end the following: (l) Requirement to route all supplemental nutrition assistance program benefit transfer transactions through a national gateway (1) Definitions For purposes of this section: (A) The term independent sales organization (i) is not a third-party processor; and (ii) engages in sales or service to retail food stores with respect to point-of-sale equipment necessary for electronic benefit transfer transaction processing. (B) The term third-party processor (C) The term web service provider (2) In general Subject to paragraph (5), the Secretary shall establish a national gateway for the purpose of routing all supplemental nutrition assistance program benefit transfer transactions (in this subsection referred to as transactions (3) Requirements to route transactions The Secretary shall— (A) ensure that protections regarding privacy, security, ease of use, and access relating to supplemental nutrition assistance benefits are maintained for benefit recipients and retail food stores; (B) ensure redundancy for processing of transactions; (C) ensure real-time monitoring of transactions; (D) ensure that all entities that connect to such gateway, and all others that connect to such entities, meet and follow transaction messaging standards, and other requirements, established by the Secretary; (E) ensure the security of transactions by using the most effective technology available that the Secretary considers to be appropriate and cost-effective; and (F) ensure that all transactions are routed through such gateway. (4) State agency action Each State agency shall ensure that all of its benefit issuers connect to such gateway. A State agency may opt to require its benefit issuer to route cash transactions through such gateway, subject to terms established by the Secretary. (5) Routing of transactions through a national gateway (A) In general Before the Secretary implements in all the States a national gateway established under paragraph (2), the Secretary shall conduct a feasibility study to assess the feasibility of routing transactions through such gateway. (B) Feasibility study The feasibility study conducted under subparagraph (A) shall provide, at a minimum, all of the following: (i) A comprehensive analysis of opportunities and challenges presented by implementation of such gateway. (ii) One or more options for carrying forward each of such opportunities and for mitigating each of such challenges. (iii) Data for purposes of analyzing the implementation of, and on-going cost of managing, such gateway. (iv) One or more models for cost-neutral on-going operation of a national gateway. (v) Other criteria, including security criteria, established by the Secretary. (C) Date of completion of study The Secretary shall complete the feasibility study required by subparagraph (B) not later than 1 year after the date of the enactment of the Agriculture and Nutrition Act of 2018 (D) Implementation of a national gateway Not later than 1 year after the date of the completion of such study, the Secretary shall complete the nationwide implementation of a national gateway established under paragraph (2) unless the Secretary determines, based on such study, that more time is needed to implement such gateway nationwide or that nationwide implementation of such gateway is not in the best interest of the operation of the supplemental nutrition assistance program. (E) Report to congress If the Secretary makes a determination described in subparagraph (D), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes the basis of such determination. (F) Nondisclosure of information Any information collected through such gateway about a specific retail food store, wholesale food concern, person, or other entity, and any investigative methodology or criteria used for program integrity purposes that operates at or in conjunction with such gateway, shall be exempt from the disclosure requirements of section 552(a) of title 5 of the United States Code pursuant to section 552(b)(3)(B) of title 5 of the United States Code. The Secretary shall limit the use or disclosure of information obtained under this subsection in a manner consistent with section 9(c). (6) Authorization of appropriations There are authorized to be appropriated $10,500,000 for fiscal year 2019, and $9,500,000 for each of the fiscal years 2020 through 2023, to carry out this subsection. Not more than $1,000,000 of the funds appropriated under this paragraph may be used for the feasibility study under paragraph (5)(B). (7) Gateway sustainability Benefit issuers and third-party processors shall pay fees to the gateway operator, in a manner prescribed by the Secretary, to directly access and route transactions through the national gateway. (A) Purpose The Secretary shall ensure that fees are collected and used solely for the operation of the gateway. (B) Amount Fees shall be established by the Secretary in amounts proportionate to the number of transactions routed through the gateway by each benefit issuer and third-party processor, and based on the cost of operating the gateway in a fiscal year. (C) Adjustment The Secretary shall evaluate annually the cost of operating such gateway and shall adjust the fee in effect for a fiscal year to reflect the cost of operating such gateway, except that an adjustment under this subparagraph for any fiscal year may not exceed 10 percent of the fee charged under this paragraph in the preceding fiscal year. . (b) Approval of Retail Food Stores and Wholesale Food Concerns The 1st sentence of section 9(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018(c) contracts for electronic benefit transfer services and equipment, records necessary to validate the FNS authorization number to accept and redeem benefits, invoices, 4023. Access to State systems (a) Records Section 11(a)(3)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(a)(3)(B) (1) by striking Records described All records, and the entire information systems in which records are contained, that are covered (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) Reporting requirements Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 (1) in the last sentence of subsection (c)(4) by inserting including providing access to applicable State records and the entire information systems in which the records are contained, Secretary, (2) in subsection (g)(1)— (A) in subparagraph (E) by striking and (B) in subparagraph (F) by striking the period at the end and inserting ; and (C) by adding at the end the following: (G) would be accessible by the Secretary for the purposes of program oversight and would be used by the State agency to make available all records required by the Secretary. . 4024. Transitional benefits Section 11(s) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(s) (1) by striking the heading and inserting Transitional Benefits (2) in paragraph (1)— (A) by striking may shall (B) in subparagraph (B) by striking at the option of the State, (3) in paragraph (2)— (A) by striking may shall (B) by striking not more than 4025. Incentivizing technology modernization Section 11(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(t) (1) by striking the heading and inserting Grants for simplified supplemental nutrition assistance program application and eligibility determination systems (2) in paragraph (1) by striking implement— implement simplified supplemental nutrition assistance program application and eligibility determination systems. (3) in paragraph (2)— (A) by amending subparagraph (B) to read as follows: (B) establishing enhanced technological methods for applying for benefits and determining eligibility 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). 4026. Supplemental nutrition assistance program benefit transfer transaction data report Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 (1) in subsection (a)(2)— (A) in subparagraph (A) by striking and (B) in subparagraph (B) by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) parameters for retail food store cooperation with the Secretary sufficient to carry out subsection (i). . (2) by adding at the end the following: (i) Data Collection for Retail Food Store Transactions (1) Collection of data To assist in making improvements to supplemental nutrition assistance program design, for each interval not greater than a 2-year period, the Secretary shall— (A) collect a statistically significant sample of retail food store transaction data, including the cost and description of items purchased with supplemental nutrition assistance program benefits, to the extent practicable and without affecting retail food store document retention practices; and (B) make a summarized report of aggregated data collected under subparagraph (A) available to the public in a manner that prevents identification of individual retail food stores, individual retail food store chains, and individual members of households that use such benefits. (2) Nondisclosure Any transaction data that contains information specific to a retail food store, a retail food store location, a person, or other entity shall be exempt from the disclosure requirements of Section 552(a) of title 5 of the United States Code pursuant to section 552(b)(3)(B) of title 5 of the United States Code. The Secretary shall limit the use or disclosure of information obtained under this subsection in a manner consistent with sections 9(c) and 11(e)(8). . 4027. Adjustment to percentage of recovered funds retained by States Section 16(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a) (1) in the 1st sentence by striking 35 percent 50 percent (2) by inserting after the 1st sentence the following: A State agency may use such funds retained only to carry out the supplemental nutrition assistance program, including investments in technology, improvements in administration and distribution, and actions to prevent fraud. . 4028. Tolerance level for payment errors Section 16(c)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c)(1) (1) in subparagraph (A)(ii)— (A) in subclause (I) by striking and (B) in subclause (II)— (i) by striking fiscal year thereafter of the fiscal years 2015 through 2017 (ii) by striking the period at the end and inserting ; and (C) by adding at the end the following: (III) for each fiscal year thereafter, $0. , and (2) in subparagraph (C) by striking fiscal year 2004 second any of the fiscal years 2004 through 2018 for which the Secretary determines that for the second or subsequent consecutive fiscal year, and with respect to fiscal year 2019 and any fiscal year thereafter for which the Secretary determines that for the third 4029. State performance indicators Section 16(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(d) (1) by striking the heading and inserting State Performance Indicators (2) in paragraph (2)— (A) in the heading by striking and thereafter through 2017 (B) in subparagraph (A) by striking and each fiscal year thereafter through fiscal year 2017 (C) in subparagraph (B) by striking and each fiscal year thereafter through fiscal year 2017 (3) by adding at the end the following: (6) Fiscal year 2018 and fiscal years thereafter With respect to fiscal year 2018 and each fiscal year thereafter, the Secretary shall establish, by regulation, performance criteria relating to— (A) actions taken to correct errors, reduce rates of error, and improve eligibility determinations; and (B) other indicators of effective administration determined by the Secretary. . 4030. Public-private partnerships Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 (m) Pilot projects to encourage the use of public-private partnerships committed to addressing food insecurity (1) In general The Secretary may, on application, permit not more than 10 eligible entities to carry out pilot projects to support public-private partnerships that address food insecurity and poverty. (2) Definition For purposes of this subsection, an eligible entity (A) a State; (B) a unit of local government; (C) a nonprofit organization; (D) a community-based organization; and (E) an institution of higher education. (3) Project requirements Projects approved under this subsection shall be limited to 2 years in length and evaluate the impact of the ability of eligible entities to— (A) improve the effectiveness and impact of the supplemental nutrition assistance program; (B) develop food security solutions that are contextualized to the needs of a community or region; and (C) strengthen the capacity of communities to address food insecurity and poverty. (4) Reporting Participating entities shall report annually to the Secretary who shall submit a final report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Such report shall include— (A) a summary of the activities conducted under the pilot projects; (B) an assessment of the effectiveness of the pilot projects; and (C) best practices regarding the use of public-private partnerships to improve the effectiveness of public benefit programs to address food insecurity and poverty. (5) Authorization and advance availability of appropriations (A) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 to remain available until expended. (B) Appropriation in advance Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available to carry out this subsection. . 4031. 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) 2018 2023 4032. Emergency food assistance Section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) (1) in paragraph (1) by striking 2018 2023 (2) in paragraph (2)— (A) in subparagraph (C) by striking 2018 2023 (B) in subparagraph (D)— (i) by striking 2018 2019 (ii) in clause (iii) by striking and (iii) by adding at the end the following: (v) for fiscal year 2019, $60,000,000; and , and (C) in subparagraph (E)— (i) by striking 2019 2020 (ii) by striking (D)(iv) (D)(v) (iii) by striking 2017 2018 (3) by adding at the end the following: (4) Farm-to-food-bank fund From amounts made available under subparagraphs (D) and (E) of paragraph (2), the Secretary shall distribute $20,000,000 in accordance with section 214 of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7515 7 U.S.C. 7501(3) . 4033. Nutrition education (a) Nutrition education and obesity prevention grant program Section 28 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a (1) by amending subsection (a) to read as follows: (a) Definitions As used in this section: (1) Eligible individual The term eligible individual (A) an individual eligible for benefits under— (i) this Act; (ii) sections 9(b)(1)(A) and 17(c)(4) of the Richard B Russell National School Lunch Act ( 42 U.S.C. 1758(b)(1)(A) (iii) section 4(e)(1)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(e)(1)(A) (B) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or (C) such other low-income individual as is determined to be eligible by the Secretary. (2) Eligible Institution The term eligible institution 1862 Institution 1890 Institution 7 U.S.C. 7601 , (2) in subsection (b) by striking Consistent with the terms and conditions of grants awarded under this section, State agencies may The Secretary, acting through the Director of the National Institute of Food and Agriculture, in consultation with the Administrator of the Food and Nutrition Service, shall (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general Consistent with the terms and conditions of grants awarded under this section, eligible institutions shall deliver nutrition education and obesity prevention services under a program described in subsection (b) that— (A) to the extent practicable, provide for the employment and training of professional and paraprofessional aides from the target population to engage in direct nutrition education; and (B) partner with other public and private entities as appropriate to optimize program delivery. , (B) in paragraph (2)— (i) by amending subparagraph (A) to read as follows: (A) In general A State agency, in consultation with eligible institutions that provide nutrition education and obesity prevention services under this subsection, shall submit to the Secretary for approval a nutrition education State plan. , (ii) in subparagraph (B) by striking Except as provided in subparagraph (C), a A (iii) by striking subparagraph (C), (C) in paragraph (3)— (i) in subparagraph (A)— (I) by striking A State agency An eligible institution (II) by inserting the Director of the National Institute of Food and Agriculture and by (ii) in subparagraph (B) by inserting the Director of the National Institute of Food and Agriculture and education, (D) in paragraph (4) by inserting and eligible institutions agencies (E) in paragraph (5) by striking State agency eligible institutions (4) in subsection (d)— (A) in paragraph (1)— (i) in the heading by striking In general Basic funding (ii) by striking to State agencies (iii) in subparagraph (E) by striking and (iv) in subparagraph (F)— (I) by striking year 2016 and each subsequent fiscal year years 2016 through 2018 (II) by striking the period at the end and inserting a semicolon, and (v) by adding at the end the following: (G) for fiscal year 2019, $485,000,000; and (H) for fiscal year 2020 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. , (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting and appropriated under the authority of paragraph (2) paragraph (1) (II) in clause (ii)— (aa) by inserting (as that section existed on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018) (B) (bb) in subclause (V) by striking and each fiscal year thereafter (ii) by amending subparagraph (B) to read as follows: (C) Reallocation If the Secretary determines that an eligible institution will not expend all of the funds allocated to the eligible institution for a fiscal year under paragraph (1) or in the case of an eligible institution that elects not to receive the entire amount of funds allocated to the eligible institution for a fiscal year, the Secretary shall reallocate the unexpended funds to other eligible institutions during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the eligible institutions may expend the reallocated funds. , and (iii) by inserting after subparagraph (A) the following: (B) Subsequent allocation Of the funds set aside under paragraph (1) and appropriated under the authority of paragraph (2) for fiscal year 2019 and each fiscal year thereafter, 100 percent shall be allocated to eligible institutions pro rata based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31, as determined by the Secretary. , (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, (D) by inserting after paragraph (1) the following: (2) Authorization and advance availability of appropriations (A) Authorization of appropriations There is authorized to be appropriated to carry out this section $65,000,000 for each of the fiscal years 2019 through 2023. (B) Appropriation in advance Except as provided in subparagraph (C), only funds appropriated under subparagraph (A) in advance specifically to carry out this section shall be available to carry out this section. (C) Other funds Funds appropriated under this paragraph shall be in addition to funds made available under paragraph (1). , and (E) by inserting after paragraph (4), as so redesignated, the following: (5) Administrative costs Not more than 10 percent of the funds allocated to eligible institutions may be used by the eligible institutions for administrative costs. , and (5) in subsection (e) by striking January 1, 2012 18 months after the date of the enactment of the Agriculture and Nutrition Act of 2018 (b) Related amendment Section 18(a)(3)(A)(ii) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a)(3)(A)(ii) , such as the expanded food and nutrition education program 4034. 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) 2018 2023 4035. Technical corrections The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 (1) in section 3— (A) in subsections (d) and (i) by striking 7(i) 7(h) (B) in subsection (o)(1)(A) by striking (r)(1) (q)(1) (2) in section 5(a) by striking and section households and section 3(m)(4), households (3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by striking 3(n)(5) 3(m)(5) (4) in the 1st sentence of section 10— (A) by striking or the Federal Savings and Loan Insurance Corporation (B) by striking 3(p)(4) 3(o)(4) (5) in section 11— (A) in subsection (a)(2) by striking 3(t)(1) 3(s)(1) (B) in subsection (d)— (i) by striking 3(t)(1) 3(s)(1) (ii) by striking 3(t)(2) 3(s)(2) (C) in subsection (e)— (i) in paragraph (17) by striking 3(t)(1) 3(s)(1) (ii) in paragraph (23) by striking Simplified Supplemental Nutrition Assistance Program simplified supplemental nutrition assistance program (6) in section 15(e) by striking exchange anything exchange for benefits, or anything (7) in section 17(b)(1)(B)(iv)— (A) in subclause (III)(aa) by striking 3(n) 3(m) (B) in subclause (VII) by striking 7(i) 7(h) (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 (referred out a simplified supplemental nutrition assistance program (referred 4036. Implementation funds Out of any funds made available under section 18(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a) B Commodity Distribution Programs 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 2018 2023 4102. Commodity supplemental food program Section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c (1) in subsection (a)— (A) in paragraph (1) by striking 2018 2023 (B) in paragraph (2) by striking 2018 2023 (2) in subsection (d)(2) by striking 2018 2023 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) 2018 2023 C Miscellaneous 4201. 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) 2018 2023 4202. Seniors farmers’ market nutrition program Section 4402(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007(a) 2018 2023 4203. Healthy food financing initiative Section 243(d) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 until expended until October 1, 2023 4204. Amendments to the fruit and vegetable program Section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a (1) in the section heading, by striking fresh (2) in subsection (a), by inserting , canned, dried, frozen, or pureed fresh (3) in subsection (b), by inserting , canned, dried, frozen, or pureed fresh (4) in subsection (e), by inserting , canned, dried, frozen, or pureed fresh V Credit A Farm Ownership Loans 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) (4) Waiver authority In the case of a qualified beginning farmer or rancher, the Secretary may— (A) reduce the 3-year requirement in paragraph (1) to— (i) 2 years, if the farmer or rancher has— (I) 16 credit hours of post-secondary education in a field related to agriculture; (II) at least 1 year of direct substantive management experience in a business; (III) been honorably discharged from the armed forces of the United States; (IV) successfully repaid a youth loan made under section 311(b); or (V) an established relationship with an individual participating as a counselor in a Service Corps of Retired Executives program authorized under section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) (ii) 1 year, if the farmer or rancher has military leadership or management experience from having completed an acceptable military leadership course; or (B) waive the 3-year requirement in paragraph (1) if the farmer or rancher— (i) meets a requirement of subparagraph (A)(i) (other than subclause (V) thereof) and meets the requirement of subparagraph (A)(ii); and (ii) meets the requirement of subparagraph (A)(i)(V). . 5102. Conservation loan and loan guarantee program Section 304(h) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924(h) (1) by striking $150,000,000 $75,000,000 (2) by striking 2018 2023 5103. Farm ownership loan limits Section 305(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1925(a) (1) by striking $700,000 $1,750,000 (2) by striking 2000 2019 B Operating Loans 5201. Limitations on amount of operating loans Section 313(a)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1943(a)(1) (1) by striking $700,000 $1,750,000 (2) by striking 2000 2019 5202. Microloans Section 313(c)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1943(c)(2) title subsection C Administrative Provisions 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) 2018 2023 5302. Loan authorization levels Section 346(b)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1994(b)(1) 2018 2023 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) 2018 2023 D Technical corrections to the Consolidated Farm and Rural Development Act 5401. Technical corrections to the Consolidated Farm and Rural Development Act (a) (1) Section 310E(d)(3) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1935(d)(3) and socially disadvantaged farmers or ranchers ranchers (2) The amendment made by this subsection shall take effect as if included in the enactment of section 5004(4)(A)(i) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 (b) (1) Section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) and limited liability companies 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 of the Agricultural Act of 2014 ( Public Law 113–79 (c) (1) Section 331D(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1981d(e) within 60 days after receipt of the notice required in this section 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 (d) (1) Section 333A(f)(1)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983a(f)(1)(A) 114 339 (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 (e) 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 Preferred Certified Lender (f) (1) Section 343(a)(11)(C) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(11)(C) or joint operators 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. (g) (1) Section 343(b) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(b) 307(e) 307(d) (2) The amendment made by paragraph (1) shall take effect as if included in the enactment of section 5004 of the Agricultural Act of 2014 ( Public Law 113–79 (h) Section 346(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.1994(a)) is amended by striking the last comma. E Amendments to the Farm Credit Act of 1971 5501. Elimination of obsolete references (a) Section 1.2(a) of the Farm Credit Act of 1971 ( 12 U.S.C. 2002(a) (a) Composition The Farm Credit System shall include the Farm Credit Banks, banks for cooperatives, Agricultural Credit Banks, the Federal land bank associations, the Federal land credit associations, the production credit associations, the Agricultural Credit Associations, the Federal Farm Credit Banks Funding Corporation, the Federal Agricultural Mortgage Corporation, service corporations established pursuant to section 4.25 of this Act, and such other institutions as may be made a part of the System, all of which shall be chartered by and subject to regulation by the Farm Credit Administration. . (b) Section 2.4 of such Act ( 12 U.S.C. 2075 (c) Section 3.0 of such Act ( 12 U.S.C. 2121 (1) in the 3rd sentence, by striking and a Central Bank for Cooperatives (2) by striking the 5th sentence. (d) Section 3.2(a)(1) of such Act ( 12 U.S.C. 2123(a)(1) (1) by striking not merged into the United Bank for Cooperatives or the National Bank for Cooperatives (2) by adding at the end the following: Section 7.12(c) shall apply to the board of directors of a merged bank for cooperatives. (e) Section 3.2(a)(2)(A) of such Act ( 12 U.S.C. 2123(a)(2)(A) (other than the National Bank for Cooperatives) (f) Section 3.2 of such Act ( 12 U.S.C. 2123 (1) by striking subsection (b); (2) in subsection (a)(2)(B), by striking paragraph subsection (3) by striking (a)(1) (a) (4) by striking (2)(A) (b)(1) (5) by striking (i) (A) (6) by striking (ii) (B) (7) by striking (B) (2) (g) Section 3.5 of such Act ( 12 U.S.C. 2126 district (h) Section 3.7(a) of such Act ( 12 U.S.C. 2128(a) (i) Section 3.8(b)(1)(A) of such Act ( 12 U.S.C. 2129(b)(1)(A) (or successor agency) Rural Electrification Administration (j) Section 3.9(a) of such Act ( 12 U.S.C. 2130(a) (k) Section 3.10(c) of such Act ( 12 U.S.C. 2131(c) (l) Section 3.10(d) of such Act ( 12 U.S.C. 2131(d) (1) by striking district (2) by inserting for cooperatives or successor bank on account of such indebtedness (m) Section 3.11 of such Act ( 12 U.S.C. 2132 (1) in subsection (a), by striking subsections (b) and (c) subsection (b) (2) in subsection (b)— (A) by striking district (B) by striking Except as provided in subsection (c) below, all All (3) by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively. (n) The heading for part B of title III of such Act is amended by striking United and (o) Section 3.20(a) of such Act ( 12 U.S.C. 2141(a) or the United Bank for Cooperatives, as the case may be (p) Section 3.20(b) of such Act ( 12 U.S.C. 2141(b) the district banks for cooperatives and the Central Bank for Cooperatives all constituent banks referred to in section 413 of the Agricultural Credit Act of 1987 (q) Section 3.21 of such Act ( 12 U.S.C. 2142 (r) Section 3.28 of such Act ( 12 U.S.C. 2149 a district bank for cooperatives and the Central Bank for Cooperatives its constituent banks referred to in section 413 of the Agricultural Credit Act of 1987 (s) Section 3.29 of such Act ( 12 U.S.C. 2150 (t) (1) Section 4.0 of such Act ( 12 U.S.C. 2151 (2) Section 5.60(b) of such Act ( 12 U.S.C. 2277a-9(b) (b) Amounts in Fund The Corporation shall deposit in the Insurance Fund all premium payments received by the Corporation under this part. . (u) (1) Section 4.8 of such Act ( 12 U.S.C. 2159 (A) by striking (a) (B) by striking subsection (b). (2) Section 1.1(c) of such Act ( 12 U.S.C. 2001(c) including any costs of defeasance under section 4.8(b), (v) Section 4.9(d)(2) of such Act ( 12 U.S.C. 2160(d)(2) (2) Representation on board The Farm Credit System Insurance Corporation shall have no representation on the board of directors of the Corporation. . (w) Section 4.9 of such Act ( 12 U.S.C. 2160 (x) Section 4.9A(c) of such Act ( 12 U.S.C. 2162(c) (c) Inability to retire stock at par value If an institution is unable to retire eligible borrower stock at par value due to the liquidation of the institution, the Farm Credit System Insurance Corporation, acting as receiver, shall retire such stock at par value as would have been retired in the ordinary course of business of the institution. The Farm Credit System Insurance Corporation shall make use of sufficient funds from the Farm Credit Insurance Fund to carry out this section. . (y) Section 4.12A(a)(1) of such Act ( 12 U.S.C. 2184(a)(1) (1) In general Every Farm Credit System bank or association shall provide a current list of its stockholders, within 7 calendar days after receipt of a written request by a stockholder, to the requesting stockholder. . (z) Section 4.14A(a) of such Act ( 12 U.S.C. 2202a(a) and section 4.36 As used in this part (aa) (1) Section 4.14A of such Act ( 12 U.S.C. 2202a (A) in subsection (l), by striking production credit (B) by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively. (2) (A) Section 5.31 of such Act ( 12 U.S.C. 2267 4.14A(i) 4.14A(h) (B) Section 5.32(h) of such Act ( 12 U.S.C. 2268(h) 4.14A(i) 4.14A(h) (bb) (1) Section 4.14C of such Act ( 12 U.S.C. 2202c (2) (A) Section 4.14A(a)(5)(B)(ii)(I) of such Act ( 12 U.S.C. 2202a(a)(5)(B)(ii)(I) 4.14C, (B) Section 8.9 of such Act ( 12 U.S.C. 2279aa–9 4.14C, (cc) Section 4.17 of such Act ( 12 U.S.C. 2205 Federal intermediate credit banks and (dd) Section 4.19(a) of such Act ( 12 U.S.C. 2207(a) (1) by striking district (2) by striking Federal land bank association and production credit (3) by striking units institutions (ee) Section 4.38 of such Act ( 12 U.S.C. 2219c The Assistance Board established under section 6.0 and all All (ff) Section 5.17(a)(2) of such Act ( 12 U.S.C. 2252(a)(2) (gg) Section 5.18 of such Act ( 12 U.S.C. 2253 (hh) Section 5.19(a) of such Act ( 12 U.S.C. 2254(a) (1) by striking Except for Federal land bank associations, each Each (2) by striking the second sentence. (ii) Section 5.19(b) of such Act ( 12 U.S.C. 2254(b) (1) in the second sentence of paragraph (1), by striking except with respect to any actions taken by any banks of the System under section 4.8(b), (2) by striking the third sentence of paragraph (1); (3) by striking (b)(1) (b) (4) by striking paragraphs (2) and (3). (jj) Section 5.35(4) of such Act ( 12 U.S.C. 2271(4) (1) in subparagraph (C)— (A) by striking after December 31, 1992, (B) by striking by the Farm Credit System Assistance Board under section 6.6 or (2) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (kk) Section 5.38 of such Act ( 12 U.S.C. 2274 a farm credit district board, bank board, or bank officer or employee shall not remove any director or officer of any production credit association or Federal land bank association a Farm Credit Bank board, officer, or employee shall not remove any director or officer of any association (ll) Section 5.44 of such Act ( 12 U.S.C. 2275 (mm) Section 5.58(2) of such Act ( 12 U.S.C. 2277a–7 (nn) Subtitle A of title VI of such Act (12 U.S.C. 2278a-2278a–11) is repealed. (oo) Title VI of such Act (12 U.S.C. 2278a-2278b–11) is amended by adding at the end the following: 6.32. Termination of authority The authority provided in this subtitle shall terminate on December 31, 2018. . (pp) Section 7.9 of such Act ( 12 U.S.C. 2279c–2 (qq) Section 7.10(a)(4) of such Act ( 12 U.S.C. 2279d(a)(4) (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; . (rr) Section 8.0(2) of such Act ( 12 U.S.C. 2279aa(2) (2) Board The term Board . (ss) (1) Section 8.0 of such Act ( 12 U.S.C. 2279aa (2) (A) Section 4.39 of such Act ( 12 U.S.C. 2219d 8.0(7) 8.0(6) (B) Section 8.6(e)(2) of such Act ( 12 U.S.C. 2279aa–6(e)(2) 8.0(9) 8.0(7) (C) Section 8.11(e) of such Act ( 12 U.S.C. 2279aa–11(e) 8.0(7) 8.0(6) (D) Section 8.32(a)(1)(B) of such Act ( 12 U.S.C. 2279bb–1(a)(1)(B) 8.0(9)(C) 8.0(7)(C) (tt) (1) Section 8.2 of such Act ( 12 U.S.C. 2279aa-2 (A) in subsection (b)— (i) in the subsection heading, by striking Permanent Board Board of Directors (ii) by striking paragraph (1) and inserting the following: (1) Establishment The Corporation shall be under the management of the Board of Directors. ; (iii) by striking paragraph (3) and redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively; and (iv) by striking permanent (B) by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (2) Section 8.4(a)(1) of such Act ( 12 U.S.C. 2279aa–4 (A) by striking the 3rd sentence; (B) by inserting after the 1st sentence the following: Voting common stock shall be offered to banks, other financial entities, insurance companies, and System institutions under such terms and conditions as the Board may adopt. The voting stock shall be fairly and broadly offered to ensure that no institution or institutions acquire a disproportionate amount of the total amount of voting common stock outstanding of a class and that capital contributions and issuances of voting common stock for the contributions are fairly distributed between entities eligible to hold Class A and Class B stock, as provided under this paragraph. (C) by striking 8.2(b)(2)(A) 8.2(a)(2)(A) (D) by striking 8.2(b)(2)(B) 8.2(a)(2)(B) (uu) (1) Section 8.6 of such Act ( 12 U.S.C. 2279aa–6 (2) (A) Paragraph (7)(B)(i) of section 8.0 of such Act ( 12 U.S.C. 2279aa through (d) and (c) (B) Section 8.33(b)(2)(A) of such Act ( 12 U.S.C. 2279bb–2(b)(2)(A) 8.6(e) 8.6(d) (vv) Section 8.32(a) of such Act ( 12 U.S.C. 2279bb–1(a) 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 The (ww) Section 8.35 of such Act ( 12 U.S.C. 2279bb–4 (xx) Section 8.38 of such Act ( 12 U.S.C. 2279bb–7 5502. Conforming repeals (a) Sections 4, 5, 6, 7, 8, 14, and 15 of the Agricultural Marketing Act ( 12 U.S.C. 1141b (b) The Act of June 22, 1939, (Chapter 239; 53 Stat. 853; 12 U.S.C. 1141d–1 (c) Section 201 of the Emergency Relief and Construction Act of 1932 ( 12 U.S.C. 1148 (d) Section 2 of the Act of July 14, 1953, (Chapter 192; 67 Stat. 150; 12 U.S.C. 1148a–4 (e) Sections 32 through 34 of the Farm Credit Act of 1937 ( 12 U.S.C. 1148b (f) Sections 1 through 4 of the Act of March 3, 1932, ( 12 U.S.C. 1401 5503. Facility headquarters Section 5.16 of the Farm Credit Act of 1971 ( 12 U.S.C. 2251 to the rental of quarters 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 . 5504. Sharing privileged and confidential information Section 5.19 of the Farm Credit Act of 1971 ( 12 U.S.C. 2254 (e) A System institution shall not be considered to have waived the confidentiality of a privileged communication with an attorney or accountant if the institution provides the content of the communication to the Farm Credit Administration pursuant to the supervisory or regulatory authorities of the Farm Credit Administration. . 5505. Scope of jurisdiction Part C of title V of the Farm Credit Act of 1971 ( 12 U.S.C. 2261–2274 5.31A. Scope of jurisdiction (a) For purposes of sections 5.25, 5.26, and 5.33, 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) 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 System institution) shall not affect the jurisdiction and authority of the Farm Credit Administration to issue any notice or order and proceed under this part against any such party, if the notice or order is served before the end of the 6-year period beginning on the date the party ceased to be such a party with respect to the System institution (whether the date occurs before, on, or after the date of the enactment of this section). . 5506. Definition Section 5.35 of the Farm Credit Act of 1971 ( 12 U.S.C. 2271 (1) by striking and (2) by redesignating paragraph (4) as paragraph (5) and inserting after paragraph (3) the following: (4) the term institution-affiliated party (A) any director, officer, employee, shareholder, or agent of a System institution; (B) any independent contractor (including any attorney, appraiser, or accountant) who knowingly or recklessly participates in— (i) any violation of law (including regulations) that is associated with the operations and activities of 1 or more institutions; (ii) any breach of fiduciary duty; or (iii) any unsafe or unsound practice, which caused or is likely to cause more than a minimal 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 . 5507. 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) 1,000 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 5602 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. 5508. Compensation of bank directors Section 4.21 of the Farm Credit Act of 1971 ( 12 U.S.C. 2209 5509. Prohibition on use of funds Section 5.65 of the Farm Credit Act of 1971 ( 12 U.S.C. 2277a–14 (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. . F Miscellaneous 5601. State agricultural mediation programs Section 506 of the Agricultural Credit Act of 1987 ( 7 U.S.C. 5106 2018 2023 5602. 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. VI Rural infrastructure and economic development A Improving Health Outcomes in Rural Communities 6001. Prioritizing projects to meet health crises in rural America (a) Temporary prioritization of rural health assistance Title VI of the Rural Development Act of 1972 ( 7 U.S.C. 2204a–2204b 608. Temporary prioritization of rural health Assistance (a) Authority to prioritize certain rural health applications The Secretary, after consultation with such public health officials as may be necessary, may announce a temporary reprioritization for certain rural development loan and grant applications to assist rural communities in responding to a specific health emergency. (b) Content of announcement In the announcement, the Secretary shall— (1) specify the nature of the emergency affecting the heath of rural Americans; (2) describe the actual and potential effects of the emergency on the rural United States; (3) identify the services and treatments which can be used to reduce those effects; and (4) publish the specific temporary changes needed to assist rural communities in responding to the emergency (c) Notice Not later than 48 hours after making or extending an announcement under this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and transmit to the Secretary of Health and Human Services, a written notice of the declaration or extension. (d) Extension The Secretary may extend an announcement under subsection (a) if the Secretary determines that the emergency will continue after the declaration would otherwise expire. (e) Expiration An announcement under subsection (a) shall expire on the earlier of— (1) the date the Secretary determines that the emergency has ended; or (2) the end of the 360-day period beginning with the later of— (A) the date the announcement was made; or (B) the date the announcement was most recently extended. . (b) Distance learning and telemedicine Section 2333(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 950aaa–2(c) (5) Procedure during temporary reprioritizations (A) In general While a temporary reprioritization announced under section 608 of the Rural Development Act of 1972 is in effect, the Secretary shall make available not less than 10 percent of the amounts made available under section 2335A for financial assistance under this chapter, for telemedicine services to identify and treat individuals affected by the emergency, subject to subparagraph (B). (B) Exception In the case of a fiscal year for which the Secretary determines that there are not sufficient qualified applicants to receive financial assistance to reach the 10-percent requirement under subparagraph (A), the Secretary may make available less than 10 percent of the amounts made available under section 2335A for those services. . (c) Community facilities direct loans and grants Section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) (27) Procedure during temporary reprioritizations (A) Selection priority While a temporary reprioritization announced under section 608 of the Rural Development Act of 1972 is in effect, in selecting recipients of loans, loan guarantees, or grants for the development of essential community facilities under this section, the Secretary shall give priority to entities eligible for those loans or grants— (i) to develop facilities to provide services related to reducing the effects of the health emergency, including— (I) prevention services; (II) treatment services; (III) recovery services; or (IV) any combination of those services; and (ii) that employ staff that have appropriate expertise and training in how to identify and treat individuals affected by the emergency. (B) Use of funds An eligible entity described in subparagraph (A) that receives a loan or grant described in that subparagraph may use the loan or grant funds for the development of telehealth facilities and systems to provide for treatment directly related to the emergency involved. . (d) Rural health and safety education programs (1) In general Section 502(i) of the Rural Development Act of 1972 ( 7 U.S.C. 2662(i) (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following: (5) Procedure during temporary reprioritizations While a temporary reprioritization announced under section 608 of the Rural Development Act of 1972 is in effect, in making grants under this subsection, the Secretary shall give priority to an applicant that will use the grant to address the announced emergency. . (2) Technical amendments Title V of the Rural Development Act of 1972 ( 7 U.S.C. 2661 (A) in section 502, in the matter preceding subsection (a), by inserting (referred to in this title as the Secretary Agriculture (B) by striking Secretary of Agriculture Secretary 6002. 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 $75,000,000 for each of fiscal years 2014 through 2018 $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 2018 2023 6003. Reauthorization of the Farm and Ranch Stress Assistance Network Section 7522 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5936 (1) in subsection (a), by striking coordination with the Secretary of Health and Human Services, shall make competitive grants to support cooperative programs between State cooperative extension services and nonprofit organizations consultation with the Secretary of Health and Human Services, shall make competitive grants to State cooperative extension services and Indian Tribes to support programs with nonprofit organizations in order (2) in subsection (b)— (A) in paragraph (1), by inserting Internet websites (B) by striking paragraph (2) and inserting the following: (2) training for individuals who may assist farmers in crisis, including programs and workshops; ; and (C) in paragraph (4), by inserting , including the dissemination of information and materials (3) in subsection (c), by striking to enable the State cooperative extension services or Indian Tribes, as applicable, (4) in subsection (d), by striking fiscal years fiscal years 2018 through 2023 (5) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following: (d) Oversight and evaluation The Secretary, in consultation with the Secretary of Health and Human Services, shall review and evaluate the stress assistance programs carried out pursuant to this section. (1) Program review Not later than 2 years after the date on which a grant is first provided under this section, and annually thereafter, the Secretary shall— (A) review the programs funded under a grant made under this section to evaluate the effectiveness of the services offered through such a program, and suggest alternative services not offered by such a grant recipient that would be appropriate for behavioral health services; and (B) submit to the Congress, and make available on the public Internet website of the Department of Agriculture, a report containing the results of the review conducted under subparagraph (A) and a description of the services provided through programs funded under such a grant. (2) Public availability In making the report under paragraph (1) publicly available, the Secretary shall take such steps as may be necessary to ensure that the report does not contain any information that would identify any person who received services under a program funded under a grant made under this section. . 6004. Supporting agricultural association health plans (a) In general The Secretary of Agriculture may establish a loan program and a grant program to assist in the establishment of agricultural association health plans, in order to help bring new health options and lower priced health care coverage to rural Americans. (b) Loans (1) In general With respect to plan years 2019 through 2022, the Secretary of Agriculture, in consultation with the Secretary of Labor, may make not more than 10 loans under this section, for purposes of establishing agricultural association health plans, to qualified agricultural associations that have not received a loan under this section. (2) Use of funds The proceeds of a loan made under this section may only be used to finance costs associated with establishing and carrying out an agricultural association health plan. (3) Loan terms A loan made under this section shall— (A) bear interest at an annual rate equivalent to the cost of borrowing to the Department of the Treasury for obligations of comparable maturities; (B) have a term of such length, not exceeding 20 years, as the borrower may request; (C) be in an amount not to exceed $15,000,000; (D) require that the borrower submit annual audited financial statements to the Secretary; and (E) include any other requirements or documentation the Secretary deems necessary to carry out this section. (c) Grants The Secretary may make grants to agricultural trade associations or industry associations which have been in existence for at least three years prior to applying for such a grant to provide for technical assistance in establishing an agricultural association health plan. (d) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $65,000,000 for the period of fiscal years 2019 through 2022, to be available until expended. (2) Reservation of funds Of the funds made available under paragraph (1), not more than 15 percent of such funds shall be made available to make grants under subsection (c). (e) Definitions In this section: (1) Agricultural association health plan The term agricultural association health plan 42 U.S.C. 1191b (A) that is sponsored by a qualified agricultural association; and (B) with respect to which the Secretary has received a letter from the relevant State insurance commissioner certifying that such association may offer such plan in such State. (2) Qualified agricultural association The term qualified agricultural association (A) composed of members that operate a farm or ranch or operate an agribusiness; (B) that qualifies as an association health plan within the meaning of guidance or regulation issued by the Department of Labor; (C) that acts directly or indirectly in the interest of its members in relation to the plan; (D) that is able to demonstrate an ability to implement and manage a group health plan; and (E) that meets any other criteria the Secretary deems necessary to meet the intent of this section. B Connecting Rural Americans to High Speed Broadband 6101. Establishing forward-looking broadband standards (a) In general Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (1) in subsection (d)(1)(A), by striking clause (i) and inserting the following: (i) demonstrate the ability to furnish or improve service in order to meet the broadband service standards established under subsection (e)(1) in all or part of an unserved or underserved rural area; ; (2) in subsection (e)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general Subject to paragraph (2), for purposes of this section, the Secretary shall establish broadband service standards for rural areas which provide for— (A) a minimum acceptable standard of service that requires the speed to be at least 25 megabits per second downstream transmission capacity and 3 megabits per second upstream transmission capacity; and (B) projections of minimum acceptable standards of service for 5, 10, 15, 20, and 30 years into the future. (2) Adjustments (A) In general At least once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the broadband service standards in effect under paragraph (1) to encourage the delivery of high quality, cost-effective broadband service in rural areas. (B) Considerations In establishing and adjusting the broadband service standards in effect under paragraph (1), the Secretary shall consider— (i) the broadband service needs of rural families and businesses; (ii) broadband service available to urban and suburban areas; (iii) future technology needs of rural residents; (iv) advances in broadband technology; and (v) other relevant factors as determined by the Secretary. ; and (B) by adding at the end the following: (4) Agreement The Secretary shall not provide a loan or loan guarantee under this section for a project unless the Secretary determines, at the time the agreement to provide the loan or loan guarantee is entered into, that, at any time while the loan or loan guarantee is outstanding, the project will be capable of providing broadband service at not less than the minimum acceptable standard of service established under paragraph (1)(B) for that time. (5) Substitute service standards for unique service territories If an applicant shows that it would be cost prohibitive to meet the minimum acceptable level of broadband service established under paragraph (1)(B) for the entirety of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and the applicant may agree to utilize substitute standards for any unserved portion of the project. Any substitute service standards should continue to consider the matters described in paragraph (2)(B) and reflect the best technology available to meet the needs of the residents in the unserved area. ; and (3) in subsection (g)— (A) in paragraph (2)(A), by striking level of broadband service established under subsection (e) standard of service established under subsection (e)(1)(A) (B) by adding at the end the following: (4) Minimum standards To the extent possible, the terms and conditions under which a loan or loan guarantee is provided to an applicant for a project shall require that, at any time while the loan or loan guarantee is outstanding, the broadband network provided by the project will meet the lower of— (A) the minimum acceptable standard of service projected under subsection (e)(1)(B) for that time, as agreed to by the applicant at the time the loan or loan guarantee is provided; or (B) the minimum acceptable standard of service in effect under subsection (e)(1)(A) for that time. . (b) Report to Congress Within 12 months after the date of the enactment of this Act, the Administrator of the Rural Utilities Service (in this subsection referred to as the RUS (1) identify administrative and legislative options for incentivizing private investment by utilizing RUS loan guarantee programs for the purpose of expanding broadband to rural areas; (2) evaluate the existing borrower and lending guidelines for RUS loan and loan guarantee applicants to incentivize participation in both programs; (3) evaluate the loan and loan guarantee application processes for lenders and borrowers by eliminating burdensome and unnecessary steps in the application process and providing a more streamlined process to decrease the complexity of the application and the timeline from application to approval or denial; (4) identify opportunities to provide technical assistance and pre-development planning activities to assist rural counties and communities to assess current and future broadband needs; and (5) identify and evaluate emerging technologies, including next-generation satellite technologies, and ways to leverage the technologies to provide high-speed, low-latency internet connectivity to rural areas. 6102. Incentives for hard to reach communities Title VI of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb 604. Incentives for hard to reach communities (a) Definitions In this section: (1) Associated loan The term associated loan (2) Density (A) In general The term density (B) Method of calculation The Secretary shall further define, by rule, a method for calculating service points per road-mile, where appropriate by geography, which— (i) divides the total number of service points by the total number of road-miles in a proposed service territory; (ii) requires an applicant to count all potential service points in a proposed service territory; and (iii) includes any other requirements the Secretary deems necessary to protect the integrity of the program. (3) Eligible project The term eligible project (A) has submitted an application for an associated loan; and (B) does not receive any other broadband grant administered by the Rural Utilities Service; and (C) proposes to— (i) offer retail broadband service to rural households; (ii) serve an area with a density of less than 12; (iii) provide service that meets the standard that would apply under section 601(e)(4) if the associated loan had been applied for under section 601; (iv) provide service in an area where no incumbent provider delivers fixed terrestrial broadband service at or above the minimum broadband speed described in section 601(e)(1); and (v) provide service in an area where no eligible borrower, other than the applicant, has outstanding Rural Utilities Service telecommunications debt or is subject to a current Rural Utilities Service telecommunications grant agreement. (4) Service point The term service point (5) Road-mile The term road-mile (b) Establishment of grant program The Secretary shall establish a competitive grant program to provide applicants funds to carry out eligible projects for the purposes of construction, improvement, or acquisition of facilities for the provision of broadband service in rural areas. (c) Applications The Secretary shall establish an application process for grants under this section that— (1) has 1 application window per year; (2) permits a single application for the grant and the associated loan; and (3) provides a single decision to award the grant and the associated loan. (d) Priority In making grants under this section, the Secretary shall prioritize applications in which the applicant proposes to— (1) provide the highest quality of service as measured by— (A) network speed; (B) network latency; and (C) data allowances; (2) serve the greatest number of service points; and (3) use the greatest proportion of non-Federal dollars. (e) Amount The Secretary shall make each grant under this section in an amount that is— (1) not greater than 75 percent of the total project cost with respect to an area with a density of less than 4; (2) not greater than 50 percent of the total project cost with respect to an area with a density of 4 or more and not more than 9; and (3) not greater than 25 percent of the total project cost with respect to an area with a density of more than 9 and not more than 12. (f) Terms and conditions With respect to a grant provided under this section, the Secretary shall require that— (1) the associated loan is secured by the assets purchased with funding from the grant and from the loan; (2) the agreement in which the terms of the grant are established is for a period equal to the duration of the associated loan; and (3) at any time at which the associated loan is outstanding, the broadband service provided by the project will meet the lower of the standards that would apply under section 601(g)(4) if the associated loan had been made under section 601. (g) Payment assistance for certain applicants under this title (1) In general As part of the grant program under this section, the Secretary, at the sole discretion of the Secretary, may provide to applicants who are eligible borrowers under this title and not eligible borrowers under title I or II all or a portion of the grant funds in the form of payment assistance. (2) Payment assistance The Secretary may provide payment assistance under paragraph (1) by reducing a borrower’s interest rate or periodic principal payments or both. (3) Agreement on milestones and objectives With respect to payment assistance provided under paragraph (1), before entering into the agreement for the grant and associated loan under which the payment assistance will be provided, the applicant and the Secretary shall agree to milestones and objectives of the project. (4) Condition The Secretary shall condition any payment assistance provided under paragraph (1) on— (A) the applicant fulfilling the terms and conditions of the grant agreement under which the payment assistance will be provided; and (B) completion of the milestones and objectives agreed to under paragraph (3). (5) Amendment of milestones and objectives The Secretary and the applicant may jointly agree to amend the milestones and objectives agreed to under paragraph (3). (h) Existing projects The Secretary may not provide a grant under this section to an applicant for a project that was commenced before the date of the enactment of this section. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $350,000,000 for each of fiscal years 2019 to 2023. . 6103. Requiring guaranteed broadband lending Section 601(c)(1) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(c)(1) shall make or guarantee loans shall make loans and shall guarantee loans 6104. Smart utility authority for broadband (a) Section 331 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1981 (e) (1) Except as provided in paragraph (2), the Secretary may allow a recipient of a grant, loan, or loan guarantee provided by the Office of Rural Development under this title to use not more than 10 percent of the amount so provided— (A) for any activity for which assistance may be provided under section 601 of the Rural Electrification Act of 1936; or (B) to construct other broadband infrastructure. (2) Paragraph (1) of this subsection shall not apply to a 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. . (b) Title I of the Rural Electrification Act of 1936 ( 7 U.S.C. 901–918a 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 title. . 6105. Modifications to the Rural Gigabit Program Section 603 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb–2 (1) in the section heading, by striking Rural Gigabit Network Pilot Innovative Broadband Advancement (2) in subsection (d), by striking 2014 through 2018 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 (b) Rural area In this section, the term rural area (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 20-year broadband speed established by the Rural Utilities Service under this title, in a rural area to be served by the project; and (B) at such time, in such manner, and containing such other information as the Secretary may require; (2) demonstrate that the entity is able to carry out the project; and (3) agree to complete the project build-out within 5 years after the date the assistance is first provided for the project. (d) 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 residents at or above the minimum broadband speed referred to in subsection (c)(1)(A); and (3) the Secretary determines could be replicated in rural areas described in paragraph (2). . 6106. Unified broadband reporting requirements Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (1) in subsection (j)— (A) in the matter preceding paragraph (1), by striking Not later than section Each year, the Secretary shall submit to the Congress a report that describes the extent of participation in the broadband loan, loan guarantee, and grant programs administered by the Secretary (B) in paragraph (1), by striking loans applied for and provided under this section loans, loan guarantees, and grants applied for and provided under the programs (C) in paragraph (2)— (i) in subparagraph (A), by striking loan (ii) in subparagraph (B), by striking loans and loan guarantees provided under this section loans, loan guarantees, and grants provided under the programs (D) in paragraph (3), by striking loan application under this section application under the programs (E) in each of paragraphs (4) and (6), by striking this section the programs (F) in paragraph (5)— (i) by striking service technology (ii) by striking (b)(1) (e)(1) (2) in subsection (k)(2), in each of subparagraphs (A)(i) and (C), by striking loans grants, loans, 6107. Improving access by providing certainty to broadband borrowers (a) Telephone loan program Title II of the Rural Electrification Act of 1936 ( 7 U.S.C. 922–928 208. Authority to obligate, but not disburse, funds before the completion of reviews (a) In general The Secretary may obligate, but shall not disburse, funds under this title for a project before the completion of any otherwise required environmental, historical, or other review of the project. (b) Authority to deobligate funds The Secretary may deobligate funds under this title for a project if any such review will not be completed within a reasonable period of time. . (b) Rural broadband program Section 601(d) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(d) (11) Authority to obligate, but not disburse, funds before completion of reviews; authority to deobligate funds The Secretary may obligate, but shall not disburse, funds under this section for a project before the completion of any otherwise required environmental, historical, or other review of the project. The Secretary may deobligate funds under this section for a project if any such review will not be completed within a reasonable period of time. . 6108. Simplified application window Section 601(c)(2)(A) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(c)(2)(A) not less than 2 evaluation periods 1 evaluation period 6109. Elimination of requirement to give priority to certain applicants Section 601(c)(2) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(c)(2) (1) by striking ; and (2) by striking subparagraph (D). 6110. Modification of buildout requirement Section 601(d)(1)(A)(iii) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(d)(1)(A)(iii) (1) by striking service infrastructure (2) by striking 3 5 6111. Improving borrower refinancing options (a) Refinancing of broadband loans Section 201 of the Rural Electrification Act of 1936 ( 7 U.S.C. 922 including indebtedness on a loan made under section 601 furnishing telephone service in rural areas (b) Refinancing of other loans Section 601(i) of such Act ( 7 U.S.C. 950bb(i) , or on any other loan if the purpose for which such other loan was made is a telecommunications purpose for which assistance may be provided under this Act, if the use of 6112. Elimination of unnecessary reporting requirements Section 601(d)(8)(A)(ii) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(d)(8)(A)(ii) (1) in subclause (I), by striking and location (2) in subclause (IV), by striking any changes in broadband service adoption rates, including 6113. Access to broadband telecommunications services in rural areas Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (1) in subsection (k), by striking paragraph (1) and inserting the following: (1) Limitations on authorization of appropriations For loans and loan guarantees under this section, there is authorized to be appropriated to the Secretary $150,000,000 for each of fiscal years 2019 through 2023, to remain available until expended. ; and (2) in subsection (l), by striking 2018 2023 6114. Middle mile broadband infrastructure Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (1) in subsection (a), by inserting or middle mile infrastructure in rural areas (2) in subsection (b), by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and inserting after paragraph (1) the following: (2) Middle mile infrastructure The term middle mile infrastructure ; (3) in subsection (c)— (A) in paragraph (1), by inserting and to construct, improve, or acquire middle mile infrastructure in rural areas (B) in paragraph (2)(B), by inserting , or in the case of middle mile infrastructure, offer the future ability to link, the greatest proportion (C) by adding at the end the following: (3) Limitation on middle mile infrastructure projects The Secretary shall limit loans or loan guarantees for middle mile infrastructure projects to no more than 20 percent of the amounts made available to carry out this section. ; (4) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (i) (as amended by section 6101(1) of this Act), by inserting or extend middle mile infrastructure in all (ii) in clause (iii), by inserting or middle mile infrastructure described (B) in paragraph (2)— (i) in subparagraph (B), by inserting or install middle mile infrastructure in the proposed (ii) in subparagraph (C), by striking clause (ii) and inserting the following: (ii) Exception Clause (i) shall not apply with respect to a project if the project is eligible for funding under another title of this Act. ; and (iii) by adding at the end the following: (D) Exception for middle mile infrastructure Portions of a middle mile infrastructure project that ultimately meet the rural service requirements of this section may traverse an area not described in subsection (b)(4) when necessary. ; (C) in paragraph (4), by inserting , or construct, improve, or acquire middle mile infrastructure in, a rural area (D) in paragraph (5)(A)(v), by inserting or, in the case of middle mile infrastructure, connect (E) in paragraph (8)(A)(ii)— (i) in subclause (I), by inserting or may receive (ii) in subclause (II), by inserting or capability of middle mile infrastructure (iii) in subclause (III), by inserting , if applicable (5) in subsection (i)— (A) in the subsection heading, by inserting or middle mile infrastructure service (B) by inserting or middle mile infrastructure in rural areas (6) in subsection (j)(6), by inserting or middle mile infrastructure service 6115. Outdated broadband systems Title VI of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb 605. Outdated broadband systems Beginning October 1, 2020, the Secretary shall consider any portion of a service territory subject to an outstanding grant agreement between the Secretary and a broadband provider in which broadband service is not provided at at least 10 megabits per second download and at least 1 megabit per second upload as unserved for the purposes of all broadband loan programs under this Act, unless the broadband provider has constructed or begun to construct broadband facilities in the service territory that meet the minimum acceptable standard of service established under section 601(e)(1) for the area in which the service territory is located. . 6116. Effective date (a) In general The amendments made by this subtitle shall not take effect until the Secretary of Agriculture has issued final regulations to implement the amendments. (b) Deadline for issuing regulations Within 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall prescribe final regulations to implement the amendments made by sections 6101 and 6102. C Consolidated Farm and Rural Development Act 6201. Strengthening regional economic development incentives Section 379H of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008v 379H. Strategic economic and community development (a) In general In the case of any program as determined by the Secretary, the Secretary shall give priority to an application for a project that, as determined and approved by the Secretary— (1) meets the applicable eligibility requirements of this title or other applicable authorizing law; (2) will be carried out in a rural area; and (3) supports the implementation of a strategic community investment plan described in subsection (d) on a multisectoral and multijurisdictional basis. (b) Reserve (1) In general Subject to paragraph (2), the Secretary shall reserve a portion of the funds made available for a fiscal year for programs as determined by the Secretary, for projects that support the implementation of a strategic community investment plan described in subsection (d) on a multisectoral and multijurisdictional basis. (2) Period The reservation of funds described in paragraph (1) may only extend through a date of the fiscal year in which the funds were first made available, as determined by the Secretary. (c) Approved applications (1) In general Any applicant who submitted a funding application that was approved before the date of enactment of this section may amend the application to qualify for the funds reserved under subsection (b). (2) Rural utilities Any rural development application authorized under section 306(a)(2), 306(a)(14), 306(a)(24), 306A, or 310B(b) and approved by the Secretary before the date of enactment of this section shall be eligible for the funds reserved under subsection (b) on the same basis as the applications submitted under this section, until September 30, 2019. (d) Strategic community investment plans (1) In general The Secretary shall provide assistance to rural communities for developing strategic community investment plans. (2) Plans A strategic community investment plan described in paragraph (1) shall include— (A) a variety of activities designed to facilitate a rural community’s vision for its future; (B) participation by multiple stakeholders, including local and regional partners; (C) leverage of applicable regional resources; (D) investment from strategic partners, such as— (i) private organizations; (ii) cooperatives; (iii) other government entities; (iv) tribes; and (v) philanthropic organizations; (E) clear objectives with the ability to establish measurable performance metrics; (F) action steps for implementation; and (G) any other elements necessary to ensure that the plan results in a comprehensive and strategic approach to rural economic development, as determined by the Secretary. (3) Coordination The Secretary shall coordinate with tribes and local, State, regional, and Federal partners to develop strategic community investment plans under this subsection. (4) Limitations on authorization of appropriations (A) In general There is authorized to be appropriated $5,000,000 for fiscal years 2018 through 2023 to carry out this subsection. (B) Availability The amounts made available to carry out this subsection are authorized to remain available until expended. . 6202. 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) (1) in subparagraph (B)— (A) in the heading, by striking and guaranteed (B) in the text— (i) by striking and guaranteed (ii) by striking (1), (2), and (24) (1) and (2) (2) in subparagraph (C)— (A) by striking and guaranteed (B) by striking (21), and (24) and (21) (b) Rural broadband program Paragraph (4)(A)(ii) of section 601(b) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(b) in the case of a direct loan, a city 6203. Providing for additional fees for guaranteed loans (a) Certain programs under the Consolidated Farm and Rural Development Act Section 333 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983 (1) by striking and (2) by striking the period at the end of paragraph (6) and inserting ; 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 recipient of the insured or guaranteed loan fees in such amounts as are necessary so that the sum of the total amount of fees so charged in each fiscal year and the total of the amounts appropriated for all such insured or guaranteed loans for the fiscal year equals the subsidy cost for the insured or guaranteed loans in the fiscal year. . (b) Rural broadband program Section 601(c) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(c) (4) Fees In the case of a loan guarantee issued or modified under this section, the Secretary shall charge and collect from the recipient of the guarantee fees in such amounts as are necessary so that the sum of the total amount of fees so charged in each fiscal year and the total of the amounts appropriated for all such loan guarantees for the fiscal year equals the subsidy cost for the loan guarantees in the fiscal year. . 6204. 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) (1) in clause (iii), by striking $100,000 $200,000 (2) in clause (vii), by striking $30,000,000 for each of fiscal years 2008 through 2018 $15,000,000 for each of fiscal years 2019 through 2023 6205. Rural water and wastewater technical assistance and training programs (a) Section 306(a)(14)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(14)(A) (1) by striking and (2) by striking the period at the end of clause (iii) and inserting ; and (3) by adding at the end the following: (iv) identify options to enhance long term sustainability of rural water and waste systems to include operational practices, revenue enhancements, policy revisions, partnerships, consolidation, regionalization, or contract services. . (b) Section 306(a)(14)(C) of such Act ( 7 U.S.C. 1926(a)(14)(C) 1 nor more than 3 3 nor more than 5 6206. 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) $20,000,000 for fiscal year 2014 $25,000,000 for fiscal year 2018 6207. 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) $10,000,000 for each of fiscal years 2008 through 2018 $5,000,000 for each of fiscal years 2019 through 2023 6208. Emergency and imminent community water assistance grant program Section 306A(i) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926a(i) (1) in paragraph (1), by striking subparagraph (B) and inserting the following: (B) Release (i) In general Except as provided in clause (ii), funds reserved under subparagraph (A) for a fiscal year shall be reserved only until July 1 of the fiscal year. (ii) Exception In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water under this section for an additional period not to exceed 120 days beyond the established period otherwise provided under this section, in order to protect public health. ; and (2) in paragraph (2), by striking $35,000,000 for each of fiscal years 2008 through 2018 $27,000,000 for each of fiscal years 2019 through 2023 6209. Water systems for rural and native villages in Alaska Section 306D(d)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926d(d)(1) 2018 2023 6210. Household water well systems Section 306E(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926e(d) 2018 2023 6211. Solid waste management grants Section 310B(b)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(b)(2) 2018 2023 6212. 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) 2018 2023 6213. Rural cooperative development grants (a) In general Section 310B(e)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(e)(13) 2018 2023 (b) Technical correction Section 310B(e)(11)(B)(i) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(e)(11)(B)(i) (12) (13) 6214. 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) 2018 2023 6215. 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) 2018 2023 6216. Rural economic area partnership zones Section 310B(j) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(j) 2018 2023 6217. Intermediary relending program Section 310H(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1936b(e) $25,000,000 for each of fiscal years 2014 through 2018 $10,000,000 for each of fiscal years 2019 through 2023 6218. Exclusion of prison populations from definition of rural area Section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) (1) in subparagraph (A), by striking (G) (H) (2) by adding at the end the following: (H) Exclusion of populations incarcerated on a long-term basis Populations of individuals incarcerated on a long-term or regional basis shall not be included in determining whether an area is rural rural area . 6219. National Rural Development Partnership Section 378 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008m (1) in subsection (g)(1), by striking 2018 2023 (2) in subsection (h), by striking 2018 2023 6220. Grants for NOAA weather radio transmitters Section 379B(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008p(d) 2018 2023 6221. Rural microentrepreneur assistance program Section 379E(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s(d) (d) Funding There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2019 through 2023. . 6222. Health care services Section 379G(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008u(e) 2018 2023 6223. 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 2019 through 2023 (b) Termination of authority Section 382N of such Act ( 7 U.S.C. 2009aa–13 2018 2023 6224. Northern Great Plains Regional Authority (a) Authorization of appropriations Section 383N(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009bb–12(a) $30,000,000 for each of fiscal years 2008 through 2018 $2,000,000 for each of fiscal years 2019 through 2023 (b) Termination of authority Section 383O of such Act ( 7 U.S.C. 2009bb–13 2018 2023 6225. Rural business investment program Section 384S of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009cc–18 2018 2023 D Rural Electrification Act of 1936 6301. Guarantees for bonds and notes issued for electrification or telephone purposes Section 313A(f) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c–1(f) 2018 2023 6302. Expansion of 911 access Section 315(d) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940e(d) 2018 2023 6303. Improvements to the guaranteed underwriter program (a) Section 313A of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c-1 (1) by striking subsection (a) and inserting the following: (a) Guarantees (1) In general Subject to subsection (b), the Secretary shall guarantee payments on bonds or notes issued by cooperative or other lenders organized on a not-for-profit basis, if the proceeds of the bonds or notes are used to make utility infrastructure loans, or refinance bonds or notes issued for such purposes, to a borrower that has at any time received, or is eligible to receive, a loan under this Act. (2) Terms A bond or note guaranteed under this section shall— (A) have a term of 35 years; and (B) by agreement between the Secretary and the borrower, be repaid by the borrower by— (i) periodic installments of principal and interest; (ii) periodic installments of interest and, at the end of the term of the bond or note, by the repayment of the outstanding principal; or (iii) a combination of the methods for repayment provided under clauses (i) and (ii). ; and (2) in subsection (b)— (A) in paragraph (1), by striking for eligible electrification or telephone purposes consistent with this Act to borrowers described in subsection (a) (B) in paragraph (3)— (i) in subparagraph (A), by striking for electrification or telephone purposes to borrowers under this Act (ii) in subparagraph (C), by striking for eligible purposes described in subsection (a) to borrowers described in subsection (a) (b) (1) The Secretary shall carry out section 313A of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c–1 (2) Paragraph (1) shall take effect on the date of the enactment of this Act. 6304. 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) 313(b)(2)(A) 313(b)(2) (b) Section 313(b)(2) of such Act ( 7 U.S.C. 940c(b)(2) (1) by striking all that precedes shall maintain (2) Rural economic development subaccount The Secretary ; and (2) by striking subparagraphs (B) through (E). (c) Title III of such Act ( 7 U.S.C. 931–940h 313B. Rural development loans and grants (a) In general The Secretary shall provide grants or zero interest loans to borrowers under this Act for the purpose of promoting rural economic development and job creation projects, including funding for project feasibility studies, start-up costs, incubator projects, and other reasonable expenses for the purpose of fostering rural development. (b) Repayments In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will encourage borrower participation. (c) Proceeds All proceeds from the repayment of such loans made under this section shall be returned to the subaccount that the Secretary shall maintain in accordance with sections 313(b)(2) and 313B(f). (d) Number of grants Loans and grants required under this section shall be made during each fiscal year to the full extent of the amounts made available under subsection (e). (e) Funding (1) Discretionary funding In addition to other funds that are available to carry out this section, there is authorized to be appropriated not more than $10,000,000 for each of fiscal years 2019 through 2023 to carry out this section, to remain available until expended. (2) Other funds In addition to the funds described in paragraph (1), the Secretary shall use to provide grants and loans under this section— (A) the interest differential sums credited to the subaccount described in subsection (c); and (B) subject to section 313A(e)(2), the fees described in subsection (c)(4) of such section. (f) Maintenance of account The Secretary shall maintain the subaccount described in section 313(b)(2), as in effect in fiscal year 2017, for purposes of carrying out this section. . (d) Section 313A of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c-1 (1) in subsection (c)(4)— (A) in subparagraph (A), by striking maintained under section 313(b)(2)(A) that shall be maintained as required by sections 313(b)(2) and 313B(f) (B) in subparagraph (B), by striking 313(b)(2)(B) 313(b)(2) (2) in subsection (e)(2), by striking maintained under section 313(b)(2)(A) 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. E Farm Security and Rural Investment Act of 2002 6401. Rural energy savings program Section 6407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107a (1) 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 under this section in the calculation of a borrower’s debt-equity ratio for purposes of eligibility for loans made pursuant to the Rural Electrification Act of 1936 ( 7 U.S.C. 901 ; and (C) by adding at the end the following: (9) Accounting The Secretary shall take appropriate steps to streamline the accounting requirements imposed on borrowers under this section while maintaining adequate assurances of repayment of the loan. ; (2) in subsection (d)(1)(A), by striking 3 percent 5 percent (3) by redesignating subsection (h) as subsection (i); (4) by inserting after subsection (g) the following: (h) Report to Congress Not later than 120 days after the end of each fiscal year, the Secretary shall submit to the Committees on Agriculture and Appropriations of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and Appropriations of the Senate a report that describes— (1) the number of applications received under this section in such fiscal year; (2) the number of loans made to eligible entities under this section in such fiscal year; and (3) the recipients of such loans. ; and (5) in subsection (i), as so redesignated, by striking 2018 2023 6402. Biobased markets program Section 9002 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102 (1) by amending subsection (i) to read as follows: (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2023. ; and (2) by adding at the end the following: (k) Wood and Wood-based Products Notwithstanding any other provision of law, a Federal agency may not place limitations on the procurement of wood and wood-based products that are more limiting than those in this section. . 6403. Biorefinery, renewable, chemical, and biobased product manufacturing assistance Section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 (1) in subsection (b)(3)(A), by striking and or (2) by amending subsection (g) to read as follows: (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2023. . 6404. Repowering assistance program Section 9004(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8104(d) (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2023. . 6405. Bioenergy program for advanced biofuels Section 9005 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8105 (1) in subsection (e)— (A) by striking The Secretary may (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 shall not exceed one-third of the total amount of funds made available under subsection (g). ; and (2) in subsection (g)— (A) by striking paragraphs (1) and (2) and inserting the following new paragraph: (1) 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. ; and (B) by redesignating paragraph (3) as paragraph (2). 6406. Biodiesel fuel education program Section 9006(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8106(d) (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. . 6407. Rural Energy for America Program Section 9007(g) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(g) (1) in paragraph (1)(E), by striking for fiscal year 2014 and each fiscal year thereafter for each of the fiscal years 2014 through 2018 (2) in paragraph (3), by striking 2018 2023 6408. Categorical exclusion for grants and financial assistance made under the Rural Energy for America Program Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 (h) Categorical exclusion The provision of a grant or financial assistance under this section to any electric generating facility, including one fueled with wind, solar, or biomass, that has a rating of 10 average megawatts or less is a category of actions hereby designated as being categorically excluded from any requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 . 6409. Rural Energy Self-Sufficiency Initiative Section 9009 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8109 6410. Feedstock flexibility Section 9010(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110(b) (1) in paragraph (1)(A), by striking 2018 2023 (2) in paragraph (2)(A), by striking 2018 2023 6411. Biomass Crop Assistance Program Section 9011(f) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111(f) (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. . F Miscellaneous 6501. Value-added agricultural product market development grants Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(b)(7) (1) in subparagraph (B), by striking $40,000,000 for each of fiscal years 2008 through 2018 $50,000,000 for each of fiscal years 2019 through 2023 (2) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. 6502. Agriculture innovation center demonstration program Section 6402(i) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1632b(i) 2018 2023 6503. Regional economic and infrastructure development commissions Section 15751(a) of title 40, United States Code, is amended by striking 2018 2023 6504. Definition of rural area for purposes of the Housing Act of 1949 The second sentence of section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 (1) by striking or 2010 decennial census 2010, or 2020 decennial census (2) by striking December 31, 2010, December 31, 2020, (3) by striking year 2020 year 2030 G Program Repeals 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 (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) 310B(f), (b) Rural Electrification Act of 1936 (1) In general The following provisions of the Rural Electrification Act of 1936 are hereby repealed: (A) Section 314 ( 7 U.S.C. 940d (B) Section 602 ( 7 U.S.C. 950bb-1 (2) Conforming amendment Sections 604 and 605 of such Act, as added by sections 6102 and 6115 of this Act, are redesignated as sections 602 and 604, respectively, and section 602 (as so redesignated) is transferred to just after section 601 of the Rural Electrification Act of 1936. 6602. Repeal of Rural Telephone Bank (a) Repeal Title IV of the Rural Electrification Act of 1936 ( 7 U.S.C. 941–950b (b) Conforming amendments (1) Section 18 of such Act ( 7 U.S.C. 918 and the Governor of the telephone bank (2) Section 204 of such Act ( 7 U.S.C. 925 and the Governor of the telephone bank (3) Section 205(a) of such Act ( 7 U.S.C. 926 (A) in the matter preceding paragraph (1), by striking and the Governor of the telephone bank (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) (A) in the matter preceding paragraph (1), by striking and the Governor of the telephone bank (B) in paragraph (4), by striking or 408 (5) Section 206(b) of such Act ( 7 U.S.C. 927(b) (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, (C) in paragraph (2), by striking , the Rural Telephone Bank, (6) Section 207(1) of such Act ( 7 U.S.C. 928(1) (A) by striking 305, 305 or (B) by striking , or a loan under section 408, (7) Section 301 of such Act ( 7 U.S.C. 931 (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 (C) by striking ; and (D) by striking paragraph (6). (8) Section 305(d)(2)(B) of such Act ( 7 U.S.C. 935(d)(2)(B) (A) in clause (i), by striking and a loan under section 408 (B) in clause (ii), by striking and under section 408 (9) Section 305(d)(3)(C) of such Act ( 7 U.S.C. 935(d)(3)(C) and section 408(b)(4)(C), the Secretary and the Governor of the telephone bank the Secretary (10) Section 306 of such Act ( 7 U.S.C. 936 the Rural Telephone Bank, National Rural Utilities Cooperative Finance Corporation, the National Rural Utilities Cooperative Finance Corporation (11) Section 309 of such Act ( 7 U.S.C. 739 (12) Section 2352(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 901 the Rural Telephone Bank and (13) The first section of Public Law 92–12 7 U.S.C. 921a (14) The first section of Public Law 92–324 7 U.S.C. 921b (15) Section 1414 of the Omnibus Budget Reconciliation Act of 1987 ( 7 U.S.C. 944a (16) Section 1411 of the Omnibus Budget Reconciliation Act of 1987 ( 7 U.S.C. 948 (17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 ( 12 U.S.C. 2129(b)(1)(A) 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) 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 subparagraph (K) and redesignating subparagraphs (L) 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) 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 (1) by striking the title heading and inserting the following: 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. H Technical corrections 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) nonprofit corporations , 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 (b) (1) Section 309A(b) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1929a(b) 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) and or (d) (1) Section 310B(e)(5)(F) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(e)(5)(F) , 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 Public Law 103–382 (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) (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 (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 (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) (1) in the subsection heading by striking Telecommunication Renewable Energy,, Telecommunication, Renewable Energy, (2) in the text, by striking ,, 6702. Corrections relating to the Rural Electrification Act of 1936 (a) Section 201 of the Rural Electrification Act of 1936 ( 7 U.S.C. 922 wildest widest (b) (1) Section 601(d)(8)(A)(ii)(V) of such Act ( 7 U.S.C. 950bb(d)(8)(A)(ii)(V) (2) The amendment made by paragraph (1) shall take effect as if included in the enactment of section 6104(a)(2)(E) of the Agricultural Act of 2014 ( Public Law 113–79 VII Research, Extension, and Related Matters A National Agricultural Research, Extension, and Teaching Policy Act of 1977 7101. International agriculture research Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3101 (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (9) support international scientific collaboration that leverages resources and advances the food and agricultural interests of the United States. . 7102. Matters related to certain school designations and declarations (a) Study of food and agricultural sciences (1) Amendment Section 1404(14) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103(14) (A) by amending subparagraph (A) to read as follows: (A) In general (i) Definition The terms NLGCA Institution non-land-grant college of agriculture (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. ; and (B) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting any institution designated under include (ii) by striking clause (i); and (iii) in clause (ii)— (I) by striking (ii) (II) by striking subclause (IV); (III) in subclause (II), by adding or (IV) in subclause (III), by striking ; or (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. (2) Designation review (A) In general 7 U.S.C. 3103(14)(A) (B) Violation An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in compliance shall have the designation of such institution revoked. (b) Termination of certain declarations of intent Section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (1) in paragraph (5)(B), by striking 2018 2023 (2) in paragraph (10)(C), by striking 2018 2023 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 (1) in subsection (b)— (A) in paragraph (1), by striking 25 15 (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 (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 (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 Public Law 103–382 (iv) 1 member representing NLGCA Institutions or Hispanic-serving institutions. (v) 1 member representing the American Colleges of Veterinary Medicine. (D) 5 members representing industry, consumer, or rural interests, including members representing— (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; or (ix) private sector organizations involved in international development. ; (2) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking review and 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) in subparagraph (B), by striking clause (i) and inserting the following new clause: (i) are in accordance with the— (I) purposes specified in a provision of a covered law (as defined in subsection (d) of section 1492) under which competitive grants (described in subsection (c) of such section) are awarded; and (II) priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(b)(2) ; (B) in paragraph (2), by inserting and make recommendations to the Secretary based on such evaluation priorities (C) in paragraph (4), by inserting and make recommendations on review (3) in subsection (h), by striking 2018 2023 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) (1) in subparagraph (A), by striking speciality specialty (2) in subparagraph (B)— (A) in the matter preceding clause (i), by striking 9 11 (B) in clause (i), by striking Three Five (3) in subparagraph (D), by striking 2018 2023 7105. Renewable energy committee discontinued Subtitle B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3121 7106. Report on allocations and matching funds for 1890 The Secretary of Agriculture shall annually transmit to Congress a report on the allocations made to, and matching funds received by, eligible institutions pursuant to sections 1444 and 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3221 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) 2018 2023 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) 2018 2023 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 (1) in subsection (a)(3), by striking 2018 2023 (2) in subsection (b)(3), by striking 2018 2023 7110. Repeal of nutrition education program The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by striking section 1425 ( 7 U.S.C. 3175 7111. 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) 2018 2023 7112. Extension carryover at 1890 land-grant colleges, including Tuskegee University Effective on October 1, 2018, section 1444(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3221(a) 7113. Scholarships for students at 1890 institutions Subtitle G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1445 ( 7 U.S.C. 3222 1446. Scholarships for students at 1890 institutions (a) In general (1) Scholarship grant program established The Secretary shall establish and carry out a grant program to make grants to each college or university eligible to receive funds under the Act of August 30, 1890 (commonly known as the Second Morrill Act; 7 U.S.C. 322 (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. (2) Amount of grant Each grant made under this section shall be in the amount of $1,000,000. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $19,000,000 for each of fiscal years 2019 through 2023. . 7114. 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) 2018 2023 7115. Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions Section 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b–2(d) 2018 2023 7116. Hispanic-serving institutions Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3241(c) 2018 2023 7117. Land-grant designation Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3151 1419C. Land-grant designation (a) In general Notwithstanding any other provision of law, beginning on the date of the enactment of this section, no additional entity may be designated as eligible to receive funds under a covered program. (b) State funding No State shall receive an increase in funding under a covered program as a result of the State’s designation of additional entities as eligible to receive such funding. (c) Covered program defined For purposes of this section, the term covered program (1) Subsections (b), (c), and (d) of section 3 of the Smith-Lever Act ( 7 U.S.C. 343 (2) The Hatch Act of 1887 ( 7 U.S.C. 361a (3) Sections 1444, 1445, and 1447 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3221 (4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a (d) Exception 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) . 7118. 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) 2018 2023 7119. 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 (1) in subsection (a), by striking 22 percent 30 percent (2) in subsection (b), by striking Subsection (a) Subsections (a) and (c) (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. . 7120. 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 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. (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 (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. . 7121. University research Section 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3311 2018 2023 7122. Extension service Section 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3312 2018 2023 7123. Supplemental and alternative crops Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319d (1) in subsection (a)— (A) by striking 2018 2023 (B) by striking crops, crops (including canola), (2) in subsection (b)— (A) by inserting for agronomic rotational purposes and for use as a habitat for honey bees and other pollinators alternative crops (B) by striking commodities whose commodities. (3) in subsection (e)(2), by striking 2018 2023 7124. 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) 2018 2023 7125. 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) 2018 2023 7126. 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) 2018 2023 7127. 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 (1) in subsection (a)— (A) in paragraph (1), by striking and (B) in paragraph (2), by striking the period at the end and inserting ; 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 competitive grants (B) in paragraph (3), by striking make competitive grants award competitive grants and cooperative agreements (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. . 7128. 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) 2018 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) 2018 2023 7129. Removal of matching funds requirement for certain grants Section 1492(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3371(d) B Food, Agriculture, Conservation, and Trade Act of 1990 7201. Best utilization of biological applications Section 1624 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5814 2018 2023 7202. Integrated management systems Section 1627(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821(d) 2018 2023 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) 2018 2023 7204. National training program Section 1629(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5832(i) 2018 2023 7205. National Genetics Resources Program Section 1635(b)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5844(b)(2) 2018 2023 7206. National Agricultural Weather Information System Section 1641(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5855(c) 2018 2023 7207. Agricultural genome to phenome initiative Section 1671 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5924 (1) in the section heading, by inserting to phenome genome (2) by amending subsection (a) to read as follows: (a) Goals The goals of this section are— (1) to expand knowledge concerning genomes and phenomes of crops of importance to United States agriculture; (2) to understand how variable weather, environments, and production systems impact the growth and productivity of specific varieties of crops, thereby providing greater accuracy in predicting crop performance under variable growing conditions; (3) to support research that leverages plant genomic information with phenotypic and environmental data through an interdisciplinary framework, leading to a novel understanding of plant processes that affect crop growth, productivity, and the ability to predict crop performance, resulting in the deployment of superior varieties to growers and improved crop management recommendations for farmers; (4) to promote and coordinate research linking genomics and predictive phenomics at different sites nationally to achieve advances in crops 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 focus on crops that will yield scientifically important results that will enhance the usefulness of many other crops; (7) to build on genomic research, such as the Plant Genome Research Project, to understand gene function in production environments that are expected to have considerable payoffs for crops of importance to United States agriculture; (8) to develop improved data analytics to enhance understanding of the biological function of crop genes; (9) 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 (10) to encourage international partnerships with each partner country responsible for financing its own research. ; (3) by amending subsection (b) to read as follows: (b) Duties of Secretary The Secretary of Agriculture shall conduct a research initiative (to be known as the Agricultural Genome to Phenome Initiative (1) studying agriculturally significant crops in production environments to achieve sustainable and secure agricultural production; (2) ensuring that current gaps in existing knowledge of agricultural crop genetics and phenomics knowledge are filled; (3) identifying and developing a functional understanding of agronomically relevant genes from crops of importance to United States agriculture; (4) ensuring future genetic improvement of crops of importance to United States agriculture; (5) studying the relevance of diverse germplasm as a source of unique genes that may be of importance to United States agriculture in the future; (6) enhancing crop genetics to reduce the economic impact of plant pathogens on crops of importance to United States agriculture; and (7) disseminating findings to relevant audiences. ; (4) in subsection (c)(1), by inserting , acting through the National Institute of Food and Agriculture, The Secretary (5) in subsection (e), by inserting to Phenome Genome (6) by adding at the end the following new subsection: (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2019 through 2023. . 7208. High-priority research and extension initiatives Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 (1) in subsection (d)— (A) in paragraph (8)— (i) in the heading, by striking Alfalfa and forage Alfalfa seed and alfalfa forage systems (ii) by striking alfalfa and forage alfalfa seed and alfalfa forage systems (iii) by striking alfalfa and other forages, and alfalfa seed and other alfalfa forage (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 (B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, the macadamia felted coccid. (12) National turfgrass research initiative Research and extension grants may be made under this section for the purposes of— (A) carrying out or enhancing research related to turfgrass and sod issues; (B) enhancing production and uses of turfgrass for the general public; (C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use; (D) selecting genetically superior turfgrasses and developing improved technologies for managing commercial, residential, and recreational turfgrass areas; (E) (i) aid in mitigating soil erosion; (ii) protect against pollutant runoff into waterways; or (iii) provide other environmental benefits; (F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems; (G) creating systems for more economical and viable turfgrass seed and sod production throughout the United States; and (H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and mitigate pests. (13) Fertilizer management initiative (A) In general Research and extension grants may be made under this section for the purpose of carrying out research to improve fertilizer use efficiency in crops— (i) to maximize crop yield; and (ii) to minimize nutrient losses to surface and groundwater and the atmosphere. (B) Priority In awarding grants under subparagraph (A), the Secretary shall give priority to research examining the impact of the source, rate, timing, and placement of plant nutrients. (14) Cattle fever tick program Research and extension grants may be made under this section to study cattle fever ticks— (A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks; (B) to develop advanced methods for eradication of cattle fever ticks, including— (i) alternative treatment methods for cattle and other susceptible species; (ii) field treatment for premises, including corral pens and pasture loafing areas; (iii) methods for treatment and control on infested wildlife; (iv) biological control agents; and (v) new and improved vaccines; (C) to evaluate rangeland vegetation that impacts the survival of cattle fever ticks; (D) to improve management of diseases relating to cattle fever ticks that are associated with wildlife, livestock, and human health; (E) to improve diagnostic detection of tick-infested or infected animals and pastures; and (F) to conduct outreach to impacted ranchers, hunters, and landowners to integrate tactics and document sustainability of best practices. (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) 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). ; (2) in subsection (e)(5), by striking 2018 2023 (3) in subsection (f)(5), by striking 2018 2023 (4) in subsection (g), by striking 2018 2023 (5) in subsection (h), by striking 2018 2023 7209. Organic agriculture research and extension initiative Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b (1) in subsection (a)(7), by inserting , soil health, conservation (2) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the period at the end and inserting ; and (iii) by adding at the end the following new subparagraph: (D) $30,000,000 for each of fiscal years 2019 through 2023. ; and (B) in paragraph (2)— (i) in the paragraph heading, by striking for fiscal years 2014 through 2018 (ii) by striking 2018 2023 7210. Farm business management Section 1672D of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925f (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 educational programs and (B) in paragraph (4), by striking use and support contribute data to (3) in subsection (d)(2), by striking 2018 2023 7211. 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 (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) individuals (B) by inserting or, in the case of veterans with disabilities, who are pursuing new farming opportunities (3) in subsection (c)(1)(B), by striking 2018 2023 7212. National Rural Information Center Clearinghouse Section 2381(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 3125b(e) 2018 2023 C Agricultural Research, Extension, and Education Reform Act of 1998 7300. Ending limitation on funding under national food safety training, education, extension, outreach, and technical assistance program Section 405(e)(3) of the Agricultural Research, Extension, And Education Reform Act of 1998 ( 7 U.S.C. 7625(e)(3) (3) Term of grant A grant under this section shall have a term that is not more than 3 years. . 7301. 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) 2011 through 2015 2019 through 2023 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) 2018 2023 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica Section 408(e)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7628(e)(2) 2018 2023 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) 2018 2023 7305. Specialty crop research initiative (a) Elements of initiative Section 412(b) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632(b) (1) in paragraph (1)— (A) in subparagraph (D), by striking ; and (B) in subparagraph (E), by adding and (C) by adding at the end the following new subparagraph: (F) size-controlling rootstock systems for perennial crops; ; (2) in paragraph (2)— (A) by striking including threats to specialty crop pollinators; including— (A) threats to specialty crop pollinators; and ; and (B) by adding at the end the following new subparagraph: (B) emerging and invasive species; ; (3) in paragraph (3), by striking marketing); marketing) and a better understanding of the soil rhizosphere microbiome, including— (A) pesticide application systems and certified drift-reduction technologies; and (B) systems to improve and extend storage life of specialty crops; ; (4) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (5) by inserting after paragraph (3) the following new paragraph: (4) efforts to promote a more effective understanding and use of existing natural enemy complexes; ; and (6) in paragraph (5) (as redesignated by paragraph (4))— (A) by striking including improved mechanization and technologies that delay or inhibit ripening; and including— (A) technologies that delay or inhibit ripening; ; and (B) by adding at the end the following new subparagraphs: (B) mechanization and automation of labor-intensive tasks on farms and in packing facilities; (C) decision support systems driven by phenology and environmental factors; (D) improved monitoring systems for agricultural pests; and (E) effective systems for pre- and post-harvest management of quarantine pests; and . (b) Emergency Citrus Disease Research and Extension Program Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632 (1) in subsection (j)(5), by striking 2018 2023 (2) in subsection (k)(1)(C), by striking 2018 2023 (c) 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) (1) in the subsection heading, by striking 2018 2023 (2) by striking 2018 2023 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) 2018 2023 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) 2018 2023 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) 2018 2023 D Food, Conservation, and Energy Act of 2008 I Agricultural Security 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) 2018 2023 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 (1) in subsection (a)(2)(B), by striking 2018 2023 (2) in subsection (b)(2)(B), by striking 2018 2023 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) 2018 2023 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) 2018 2023 II Miscellaneous 7411. Grazinglands research laboratory Section 7502 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 10-year period 15-year period 7412. Natural products research program Section 7525(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5937(e) 2018 2023 7413. Sun grant program Section 7526(g) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114(g) 2018 2023 E Amendments to Other Laws 7501. Critical Agricultural Materials Act Section 16(a)(2) of the Critical Agricultural Materials Act ( 7 U.S.C. 178n(a)(2) 2018 2023 7502. Equity in Educational Land-Grant Status Act of 1994 (a) 1994 Section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 532. Definition of 1994 Institution In this part, the term 1994 Institution (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. . (b) Endowment for 1994 institutions Section 533(b) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 2018 2023 (c) Institutional capacity building grants Section 535 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 2018 2023 (d) Research grants Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 2018 2023 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) a college, university, or nonprofit institution 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) (2) in section 3(c)(2)(D) ( 7 U.S.C. 390a(c)(2)(D) recipient college, university, or nonprofit institution recipient entity (b) Long-term support Section 3(c)(2)(D) of the Research Facilities Act ( 7 U.S.C. 390a(c)(2)(D) operating costs operating and maintenance costs (c) Competitive grant program The Research Facilities Act is amended by inserting after section 3 ( 7 U.S.C. 390a 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 (1) in subsection (a)— (A) by striking subsection (b), subsections (b), (c), and (d), (B) by striking 2018 2023 (C) by adding at the end the following new sentence: Funds appropriated pursuant to the preceding sentence shall be available until expended. (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. . 7504. Competitive, Special, and Facilities Research Grant Act Subsection (b) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(b) (1) in paragraph (2)— (A) in subparagraph (D)— (i) by redesignating clauses (iii) through (vii) as clauses (iv) through (viii), respectively; and (ii) by inserting after clause (ii) the following new clause: (iii) soil health; ; (B) in subparagraph (E)— (i) in clause (iii), by striking and (ii) in clause (iv), by striking the period at the end and inserting ; 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 (ii) in clause (vii), by striking the period at the end and inserting ; 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 (5)— (A) in subparagraph (A)(ii), by striking and (B) in subparagraph (B), by striking the period at the end and inserting the following: that— (i) is of national scope; or (ii) is commodity-specific, so long as any such funds allocated for commodity-specific research are matched with funds from a non-Federal source at least equal to the amount of such funds so allocated. ; (3) in paragraph (9)— (A) in subparagraph (A), by striking clause (iii); and (B) in subparagraph (B)— (i) in clause (i), by striking clauses (ii) and (iii) clause (ii) (ii) by striking clause (iii); and (4) in paragraph (11)(A)— (A) in the matter preceding clause (i), by striking 2018 2023 (B) in clause (ii), by striking 4 5 7505. 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 2018 2023 (b) Termination date Section 8 of the Renewable Resources Extension Act of 1978 ( 16 U.S.C. 1671 Public Law 95–306 2018 2023 7506. National Aquaculture Act of 1980 Section 10 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2809 2018 2023 7507. Beginning farmer and rancher development program Section 7405 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f (1) by striking subsection (b) and redesignating subsection (c) as subsection (b); (2) in subsection (b), as so redesignated— (A) in the heading, by striking Grants Programs (B) by amending paragraph (1) to read as follows: (1) In general The Secretary shall establish a beginning farmer and rancher development program to provide training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers or ranchers. ; (C) by inserting or cooperative agreements grants (D) by inserting or cooperative agreement grant (E) by striking subsection section (F) by amending paragraph (4) to read as follows: (4) Matching requirement (A) In general Except as provided in subparagraph (B), to be eligible to receive a grant under this subsection, a recipient shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the funds provided by the grant. (B) Exception The Secretary may waive or reduce the matching requirement in subparagraph (A) if the Secretary determines such a waiver or modification is necessary to effectively reach an underserved area or population. ; and (G) by striking paragraph (8), and redesignating paragraphs (9), (10), (11), and (12) as paragraphs (8), (9), (10), and (11), respectively; (3) by inserting after subsection (b), as so redesignated, the following new subsection: (c) Grant requirements (1) In general In carrying out this section, the Secretary shall make competitive grants to support new and established local and regional training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers or ranchers, including programs and services (as appropriate) relating to— (A) basic livestock, forest management, and crop farming practices; (B) innovative farm, ranch, and private nonindustrial forest land access, and transfer and succession strategies and programs; (C) entrepreneurship and business training; (D) financial and risk management training (including the acquisition and management of agricultural credit); (E) natural resource management and planning; (F) diversification and marketing strategies; (G) curriculum development; (H) mentoring, apprenticeships, and internships; (I) resources and referral; (J) farm financial benchmarking; (K) technical assistance to help beginning farmers or ranchers acquire land from retiring farmers and ranchers; (L) agricultural rehabilitation and vocational training for veterans; (M) food safety (including good agricultural practices training); (N) farm safety and awareness; and (O) other similar subject areas of use to beginning farmers or ranchers. (2) Set-aside (A) In general Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of— (i) limited resource beginning farmers or ranchers (as defined by the Secretary); (ii) socially disadvantaged farmers or ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) (iii) farmworkers desiring to become farmers or ranchers. (B) Veteran farmers and ranchers Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of veteran farmers and ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) ; (4) in subsection (d)— (A) in paragraph (1)— (i) by striking and conduct , conduct (ii) by striking the period at the end and inserting , or provide training and technical assistance initiatives for beginning farmers or ranchers or for trainers and service providers that work with beginning farmers or ranchers. (B) in paragraph (2)— (i) by inserting , educational programs and workshops, or training and technical assistance initiatives curricula (ii) by striking modules content (5) in subsection (g)— (A) by inserting (including retiring farmers and nonfarming landowners) from participating in programs (B) by striking educating increasing opportunities for (6) in subsection (h)— (A) in paragraph (1)— (i) in the heading, by striking for fiscal years 2009 through 2018 (ii) in subparagraph (C), by striking 2018 2023 (B) in paragraph (2)— (i) in the paragraph heading, by striking for fiscal years 2014 through 2018 (ii) by striking 2018 2023 (C) by striking paragraph (3). 7508. 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 2018 2023 7509. Biomass research and development Section 9008(h) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108(h) (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2019 through 2023. . F Other Matters 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 (1) in the section heading, by striking pilot (2) in subsection (a), by striking pilot (b) No onsite sales Section 308(b)(1)(C) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 is amended by inserting onsite public (c) 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 on the date that is 10 years after the date of enactment of this section on June 18, 2023 (d) Reports Section 308(d)(2) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 3125a Not later than 6, 8, and 10 years after the date of enactment of this section Not later than June 18, 2019, June 18, 2021, and June 18, 2023 7602. Functions and Duties of the Under Secretary Subparagraph (B) of section 251(d)(2) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(d)(2) (B) ensure that agricultural research, education, extension, economics, and statistical programs— (i) are effectively coordinated and integrated— (I) across disciplines, agencies, and institutions; and (II) among applicable participants, grantees, and beneficiaries; and (ii) address the priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(b)(2) . 7603. Reinstatement of District of Columbia matching requirement for certain land-grant university assistance (a) In general Section 209(c) of the District of Columbia Public Postsecondary Education Reorganization Act ( Public Law 93–471 , which may be used to pay no more than one-half of the total cost of providing such extension work. (b) Effective date The amendment made by this section shall take effect on October 1, 2018. 7604. Farmland tenure, transition, and entry data initiative (a) In general The Secretary shall collect and report data and analysis on farmland ownership, tenure, transition, and entry of beginning farmers or ranchers. (b) Requirements In carrying out subsection (a), the Secretary shall— (1) collect and distribute comprehensive annual reporting of trends in farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers or ranchers; and (2) develop surveys and report statistical and economic analysis on farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers. (c) Funding There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2019 through 2023, to remain available until expended. (d) Conforming amendment regarding confidentiality of information Section 1770(d) of the Food Security Act of 1985 ( 7 U.S.C. 2276(d) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (3) by adding at the end the following new paragraph: (13) section 7604 of the Agriculture and Nutrition Act of 2018 . 7605. Transfer of administrative jurisdiction, portion of Henry A. Wallace Beltsville Agricultural Research Center, Beltsville, Maryland (a) Transfer authorized The Secretary of Agriculture may transfer to the administrative jurisdiction of the Secretary of the Treasury 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 of Agriculture 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 of Agriculture may correct errors in the legal description and map. (c) Retention of interests The transfer of administrative jurisdiction under subsection (a) shall be subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary of Agriculture considers to be necessary. (d) Waiver The parcel of real property to be transferred under subsection (a) is exempt from Federal screening for other possible use as there is an identified Federal need for the parcel as the site for Bureau of Engraving and Printing facilities. (e) Condition on transfer As a condition of the transfer of administrative jurisdiction under subsection (a), the Secretary of the Treasury shall agree to pay the Secretary of Agriculture the following costs: (1) The appraisal required under subsection (f). (2) Any environmental or administrative analysis required by Federal law with respect to the real property so transferred. (3) Any necessary survey of such real property. (4) Any hazardous substances assessment of such real property. (f) Appraisal To determine the fair market value of the parcel of real property to be transferred under subsection (a), the Secretary of the Treasury shall have the parcel appraised for its highest and best use in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. The appraisal shall be subject to the review and approval by the Secretary of Agriculture. (g) Hazardous materials For the parcel of real property to be transferred under subsection (a), the Secretary of Agriculture shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate those substances or any other hazardous pollutants, contaminants, or waste that might be present on the parcel at the time of transfer of administrative jurisdiction. 7606. Simplified plan of work (a) Smith-Lever Act The Smith-Lever Act is amended— (1) 7 U.S.C. 343(h)(2) (2) in section 4 ( 7 U.S.C. 344 (A) in subsection (c), by striking paragraphs (1) through (5) and inserting the following new paragraphs: (1) A summary of planned projects or programs in the State using formula funds. (2) A description of the manner in which the State will meet the requirements of section 3(h). (3) A description of the manner in which the State will meet the requirements of section 3(i)(2) of the Hatch Act of 1887. (4) A description of matching funds provided by the State with respect to the previous fiscal year. ; and (B) by adding at the end the following new subsection: (f) Relationship to audits Notwithstanding any other provision of law, the procedures established pursuant to subsection (c) shall not be subject to audit to determine the sufficiency of such procedures. . (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. ; and (B) in subsection (i)(2), by striking subparagraph (D); and (2) in section 7 ( 7 U.S.C. 361g (A) in subsection (e), by striking paragraphs (1) through (4) and inserting the following new paragraphs: (1) A summary of planned projects or programs in the State using formula funds. (2) A description of the manner in which the State will meet the requirements of subsections (c)(3) and (i)(2) of section 3. (3) A description of matching funds provided by the State with respect to the previous fiscal year. ; and (B) by adding at the end the following new subsection: (h) Relationship to audits Notwithstanding any other provision of law, the procedures established pursuant to subsection (e) shall not be subject to audit to determine the sufficiency of such procedures. . (c) Extension and research at 1890 (1) Extension Section 1444(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3221(d) (A) in paragraph (3), by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: (A) A summary of planned projects or programs in the State using formula funds. (B) A description of matching funds provided by the State with respect to the previous fiscal year. ; and (B) by adding at the end the following new paragraph: (6) Relationship to audits Notwithstanding any other provision of law, the procedures established pursuant to paragraph (3) shall not be subject to audit to determine the sufficiency of such procedures. . (2) Research Section 1445(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222(c) (A) in paragraph (3), by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: (A) A summary of planned projects or programs in the State using formula funds. (B) A description of matching funds provided by the State with respect to the previous fiscal year. ; and (B) by adding at the end the following new paragraph: (6) Relationship to audits Notwithstanding any other provision of law, the procedures established pursuant to paragraph (3) shall not be subject to audit to determine the sufficiency of such procedures. . 7607. Time and effort reporting exemption Any entity receiving 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) 7608. Public education on biotechnology in food and agriculture sectors (a) In general The Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of Education, and such other persons and organizations as the Secretary determines to be appropriate, shall develop and carry out a national science-based education campaign to increase public awareness regarding the use of technology in food and agriculture production, including— (1) the science of biotechnology as applied to the development of products in the food and agricultural sectors, including information about which products of biotechnology in the food and agricultural sectors have been approved for use in the United States; (2) the Federal science-based regulatory review process for products made using biotechnology in the food and agricultural sectors conducted under the Coordinated Framework for Regulation of Biotechnology published by the Office of Science and Technology Policy in the Federal Register on June 26, 1986 (51 Fed. Reg. 23302), including the studies performed and analyses conducted to ensure that such products are as safe to produce and as safe to eat as products that are not produced using biotechnology; (3) developments in the science of plant and animal breeding over time and the impacts of such developments on farmers, consumers, the environment, and the rural economy; and (4) the effects of the use of biotechnology on food security, nutrition, and the environment. (b) Consumer friendly informational website The Secretary, in consultation with the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, the Office of Science and Technology Policy, and such other persons and organizations as the Secretary determines to be appropriate, shall develop, establish, and update as necessary, a single Federal government-sponsored public Internet website through which the public may obtain, in an easy to understand and user-friendly format, information about biotechnology used in the food and agricultural sectors, including— (1) scientific findings and other data on biotechnology used in the food and agricultural sectors; (2) Federal agencies’ decisions regarding specific products made using biotechnology in the food and agricultural sectors; (3) a list of frequently asked questions pertaining to the use of biotechnology in the food and agricultural sectors; (4) an easy-to-understand description of the role of Federal agencies in overseeing the use of biotechnology in the food and agricultural sectors; (5) information about novel, emerging technologies within the broader field of biotechnology; and (6) a glossary of terms with respect to biotechnology used in the food and agricultural sectors. (c) Social media resources The Secretary may, as appropriate, utilize publicly-available social media platforms to supplement the campaign established under subsection (a), and as an extension of the website established under subsection (b). VIII Forestry A Reauthorization and Modification of Certain Forestry Programs 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) 2018 2023 8102. Forest legacy program Subsection (m) of section 7 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c (m) Authorization of appropriations There are authorized to be appropriated to carry out this section $35,000,000 for each of fiscal years 2019 through 2023. . 8103. Community forest and open space conservation program Subsection (g) of section 7A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103d (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2023. . 8104. State and private forest landscape-scale restoration program Section 13A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2109a 13A. State and private forest landscape-scale restoration program (a) Purpose The purpose of this section is to establish a landscape-scale restoration program to support landscape-scale restoration and management that results in measurable improvements to public benefits derived from State and private forest land, as identified in— (1) a State-wide assessment described in section 2A(a)(1); and (2) a long-term State-wide forest resource strategy described in section 2A(a)(2). (b) Definitions In this section: (1) Private forest land The term private forest land (A) (i) has existing tree cover; or (ii) is suitable for growing trees; and (B) is owned by— (i) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (ii) any private individual or entity. (2) Regional The term regional (3) Secretary The term Secretary (4) State forest land The term State forest land (5) State Forester The term State Forester (c) Establishment The Secretary, in consultation with State Foresters or other appropriate State agencies, shall establish a landscape-scale restoration program— (1) to provide financial and technical assistance for landscape-scale restoration projects on State forest land or private forest land; and (2) that maintains or improves benefits from trees and forests on such land. (d) Requirements The landscape-scale restoration program established under subsection (c) shall— (1) measurably address the national private forest conservation priorities described in section 2(c); (2) enhance public benefits from trees and forests, as identified in— (A) a State-wide assessment described in section 2A(a)(1); and (B) a long-term State-wide forest resource strategy described in section 2A(a)(2); and (3) in accordance with the purposes described in section 2(b), include one or more of the following objectives— (A) protecting or improving water quality or quantity; (B) reducing wildfire risk, including through hazardous fuels treatment; (C) protecting or enhancing wildlife habitat, consistent with wildlife objectives established by the applicable State fish and wildlife agency; (D) improving forest health and forest ecosystems, including addressing native, nonnative, and invasive pests; or (E) enhancing opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies. (e) Measurement The Secretary, in consultation with State Foresters, shall establish a measurement system (including measurement tools) that— (1) consistently measures the results of landscape-scale restoration projects described in subsection (c); and (2) is consistent with the measurement systems of other Federal programs delivered by State Foresters. (f) Use of amounts (1) Allocation Of the amounts made available for the landscape-scale restoration program established under subsection (c), the Secretary shall allocate to State Foresters— (A) 50 percent for the competitive process in accordance with subsection (g); and (B) 50 percent proportionally to States, in consultation with State Foresters— (i) to maximize the achievement of the objectives described in subsection (d)(3); and (ii) to address the highest national priorities, as identified in— (I) State-wide assessments described in section 2A(a)(1); and (II) long-term State-wide forest resource strategies described in section 2A(a)(2). (2) Multiyear projects The Secretary may provide amounts under this section for multiyear projects. (g) Competitive process (1) In general The Secretary shall distribute amounts described in subsection (f)(1)(A) through a competitive process for landscape-scale restoration projects described in subsection (c) to maximize the achievement of the objectives described in subsection (d)(3). (2) Eligibility To be eligible for funding through the competitive process under paragraph (1), a State Forester, or another entity on approval of the State Forester, shall submit to the Secretary one or more landscape-scale restoration proposals that— (A) in accordance with paragraph (3)(A), include priorities identified in— (i) State-wide assessments described in section 2A(a)(1); and (ii) long-term State-wide forest resource strategies described in section 2A(a)(2); (B) identify one or more measurable results to be achieved through the project; (C) to the maximum extent practicable, include activities on all land necessary to accomplish the measurable results in the applicable landscape; (D) to the maximum extent practicable, are developed in collaboration with other public and private sector organizations and local communities; and (E) derive not less than 50 percent of the funding for the project from non-Federal sources, unless the Secretary determines— (i) the applicant is unable to derive not less than 50 percent of the funding for the project from non-Federal sources; and (ii) the benefits of the project justify pursuing the project. (3) Prioritization In carrying out the competitive process under paragraph (1), the Secretary— (A) shall give priority to projects that, as determined by the Secretary, best carry out priorities identified in State-wide assessments described in section 2A(a)(1) and long-term State-wide forest resource strategies described in section 2A(a)(2), including— (i) involvement of public and private partnerships; (ii) inclusion of cross-boundary activities on— (I) Federal forest land; (II) State forest land; or (III) private forest land; (iii) involvement of areas also identified for cost-share funding by the Natural Resources Conservation Service or any other relevant Federal agency; (iv) protection or improvement of water quality or quantity; (v) reduction of wildfire risk; and (vi) otherwise addressing the national private forest conservation priorities described in section 2(c); and (B) may give priority to projects in 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— (i) ecological restoration treatments under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 (ii) projects on landscape-scale areas designated for insect and disease treatment under section 602 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a (iii) authorized restoration services under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a (iv) watershed restoration and protection services under section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( Public Law 106–291 16 U.S.C. 1011 (v) stewardship end result contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c (vi) projects under other relevant programs, as determined by the Secretary. (4) Proposal review (A) In general The Secretary shall establish a process for the review of proposals submitted under paragraph (2) that ranks each proposal based on— (i) the extent to which the proposal would achieve the requirements described in subsection (d); and (ii) the priorities described in paragraph (3)(A). (B) Regional review The Secretary may carry out the process described in subparagraph (A) at a regional level. (5) Compliance with NEPA Financial and technical assistance carried out under this section for landscape restoration projects on State forest land or private forest land shall not constitute a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (h) Report Not later than 3 years after the date of the enactment of the Agriculture and Nutrition Act of 2018 (1) a description of the status of the development, execution, and administration of landscape-scale projects selected under the program under this section; (2) an accounting of expenditures under such program; and (3) specific accomplishments that have resulted from landscape-scale projects under such program. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary for the landscape-scale restoration program established under subsection (c) $10,000,000 for each of fiscal years 2019 through 2023, to remain available until expended. . 8105. Rural revitalization technologies Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 6601(d)(2) 2018 2023 8106. Community wood energy and wood innovation program Section 9013 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113 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 (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 from wood processing facilities, as the primary fuel. (B) Inclusions The term community wood energy system (2) Innovative wood product facility The term innovative wood product facility (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 (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 (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 must 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 applicant has demonstrated a high likelihood of project success by completing detailed engineering and design work in advance of the grant application. (5) 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— (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 10 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. . 8107. 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) (A) by striking and (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)(1); and . (2) Eligibility for enrollment Subsection (b) of section 502 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6572 (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 (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) (A) by striking and (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) conserve forest lands that provide habitat for species described in subsection (b)(1); 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) (5) Enrollment of acreage owned by an Indian Tribe Section 502(e)(2)(B) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6572(e)(3)(B) (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) Species-related enrollment priority Subparagraph (B) of section 502(f)(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6572(f)(1) (B) secondarily, species that— (i) are— (I) not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (II) candidates for such listing, State-listed species, or special concern species; or (ii) are species of greatest conservation need, as identified in State wildlife action plans. . (7) Restoration plans Subsection (b) of section 503 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6573 (b) Practices The restoration plan shall require such restoration practices and measures, as are necessary to restore and enhance habitat for species described in section 502(b), including the following: (1) Land management practices. (2) Vegetative treatments. (3) Structural practices and measures. (4) Other practices and measures. . (8) Funding Section 508(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6578(b) (A) in the subsection heading, by striking Fiscal Years 2014 through 2018 Authorization of appropriations (B) by striking 2018 2023 (9) Technical correction Section 503(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6573(a) Secretary of Interior 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) subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas. 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. . (2) Permanent authority Section 602(d)(2) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a(d)(2) for which a public notice to initiate scoping is issued on or before September 30, 2018, (c) Administrative review (1) Clarification of treatment of areas Section 603(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(a) in accordance with section 602(d) in accordance with section 602(d)(1) (2) Project size and location Section 603(c)(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c)(1) 3000 6,000 8108. National Forest Foundation Act authorities (a) Extension of authority to provide matching funds for administrative and project expenses Section 405(b) of the National Forest Foundation Act ( 16 U.S.C. 583j–3(b) 2018 2023 (b) Authorization of appropriations Section 410(b) of the National Forest Foundation Act ( 16 U.S.C. 583j–8(b) 2018 2023 B Secure Rural Schools and Community Self-Determination Act of 2000 Amendments 8201. Use of reserved funds for title II projects on Federal land and certain non-Federal land Section 204(f) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7124(f) (f) Requirements for project funds (1) In general Subject to paragraph (2), the Secretary concerned shall ensure that at least 50 percent of the project funds reserved under section 102(d) by a participating county shall be available only for projects that— (A) include— (i) the sale of timber or other forest products; (ii) reduce fire risks; or (iii) improve water supplies; and (B) implement stewardship objectives that enhance forest ecosystems or restore and improve land health and water quality. (2) Applicability The requirement in paragraph (1) shall apply only to project funds reserved by a participating county whose boundaries include Federal land that the Secretary concerned determines has been subject to a timber or other forest products program within 5 fiscal years before the fiscal year in which the funds are reserved. . 8202. Resource advisory committees (a) Recognition of resource advisory committees Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(a)(4) 2018 2023 (b) Reduction in composition of committees Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(d) (1) in paragraph (1), by striking 15 members 9 members (2) by striking 5 persons 3 persons (c) Expanding local participation on committees Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(d) (1) in paragraph (3), by inserting before the period at the end the following: , consistent with the requirements of paragraph (4) (2) by striking paragraph (4) and inserting the following new paragraph: (4) Geographic distribution The members of a resource advisory committee shall reside within the county or counties in which the committee has jurisdiction, or an adjacent county. . (d) Appointment of resource advisory committees by applicable designee (1) In general Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 (A) in subsection (a)— (i) in paragraph (1), by inserting (or applicable designee) The Secretary concerned (ii) in paragraph (3), by inserting (or applicable designee) the Secretary concerned (iii) in paragraph (4), by inserting (or applicable designee) the Secretary concerned (B) in subsection (b)(6), by inserting (or applicable designee) the Secretary concerned (C) in subsection (c)— (i) in the subsection heading, by inserting or applicable designee by the Secretary (ii) in paragraph (1), by inserting (or applicable designee) The Secretary concerned (iii) in paragraph (2), by inserting (or applicable designee) The Secretary concerned (iv) in paragraph (4), by inserting (or applicable designee) The Secretary concerned (v) by adding at the end the following new paragraph: (6) Applicable designee In this section, the term applicable designee (A) with respect to Federal land described in section 3(7)(A), the applicable Regional Forester; and (B) with respect to Federal land described in section 3(7)(B), the applicable Bureau of Land Management State Director. ; (D) in subsection (d)(3), by inserting (or applicable designee) the Secretary concerned (E) in subsection (f)(1)— (i) by inserting (or applicable designee) the Secretary concerned (ii) by inserting (or applicable designee) of the Secretary (2) Conforming amendment Section 201(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121(3) (or applicable designee (as defined in section 205(c)(6))) Secretary concerned 8203. Program for title II self-sustaining resource advisory committee projects (a) Self-Sustaining resource advisory committee projects Title II of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 209. Program for self-sustaining resource advisory committee projects (a) RAC program The Chief of the Forest Service shall conduct a program (to be known as the self-sustaining resource advisory committee program RAC program (b) Selection of participating resource advisory committees The selection of resource advisory committees to participate in the RAC program is in the sole discretion of the Chief of the Forest Service. (c) Authorized projects Notwithstanding the project purposes specified in sections 202(b), 203(c), and 204(a)(5), projects under the RAC program are intended to— (1) accomplish forest management objectives or support community development; and (2) generate receipts. (d) Deposit and availability of revenues Any revenue generated by a project conducted under the RAC program, including any interest accrued from the revenues, shall be— (1) deposited in the special account in the Treasury established under section 102(d)(2)(A); and (2) available, in such amounts as may be provided in advance in appropriation Acts, for additional projects under the RAC program. (e) Termination of authority (1) In general The authority to initiate a project under the RAC program shall terminate on September 30, 2023. (2) Deposits in treasury Any funds available for projects under the RAC program and not obligated by September 30, 2024, shall be deposited in the Treasury of the United States. . (b) Exception to general rule regarding treatment of receipts Section 403(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7153(b) All revenues Except as provided in section 209, all revenues C Availability of Categorical Exclusions To Expedite Forest Management Activities I General Provisions 8301. Definitions In this subtitle: (1) Catastrophic event The term catastrophic event (2) Coos bay wagon road grant lands The term Coos Bay Wagon Road Grant lands (3) Forest management activity The term forest management activity (4) Forest plan The term forest plan (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (B) a land and resource 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 (5) National Forest System The term National Forest System 16 U.S.C. 1609(a) (6) Oregon and California railroad grant lands The term Oregon and California Railroad Grant lands (A) All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 ( 43 U.S.C. 1181a (B) All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 ( 43 U.S.C. 1181h (C) All lands in that State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 ( 43 U.S.C. 1181f (7) Public lands The term public lands 43 U.S.C. 1702 (8) Reforestation activity The term reforestation activity (9) Resource advisory committee The term resource advisory committee 16 U.S.C. 7121 (10) Salvage operation The term salvage operation (A) to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a re-burn of the fire-impacted area; (B) to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or (C) to provide a funding source for reforestation for the National Forest System lands or public lands impacted by the catastrophic event. (11) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. 8302. Rule of application for National Forest System lands and public lands Unless specifically provided by a provision of this subtitle, the authorities provided by this subtitle do not apply with respect to any National Forest System lands or public lands— (1) that are included in the National Wilderness Preservation System; (2) that are located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless— (A) the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or (B) the Secretary of Agriculture determines the forest management activity is permissible under the applicable roadless rule governing such lands; or (3) on which timber harvesting for any purpose is prohibited by Federal statute. 8303. Consultation under the Endangered Species Act (a) No consultation if action not likely To adversely affect a listed species or designated critical habitat With respect to a forest management activity carried out pursuant to this subtitle, consultation under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (b) Expedited consultation With respect to a forest management activity carried out pursuant to this subtitle, consultation required under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 8304. Secretarial discretion in the case of two or more categorical exclusions To the extent that a forest management activity may be categorically excluded under more than one of the sections of this subtitle, the Secretary concerned shall have full discretion to determine which categorical exclusion to use. II Categorical Exclusions 8311. Categorical exclusion to expedite certain critical response actions (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is— (1) to address an insect or disease infestation; (2) to reduce hazardous fuel loads; (3) to protect a municipal water source; (4) to maintain, enhance, or modify critical habitat to protect it from catastrophic disturbances; (5) to increase water yield; or (6) any combination of the purposes specified in paragraphs (1) through (5). (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage limitations A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres. 8312. Categorical exclusion to expedite salvage operations in response to catastrophic events (a) Categorical exclusion established Salvage operations carried out by the Secretary concerned on National Forest System lands or public lands are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (c) Acreage limitation A salvage operation covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres. (d) Additional requirements (1) Stream buffers A salvage operation covered by the categorical exclusion established under subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan, except that the Regional Forester, in the case of National Forest System lands, or the State Director of the Bureau of Land Management, in the case of public lands, may, on a case-by-case basis, waive the standards and guidelines. (2) Reforestation plan A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; ( 16 U.S.C. 576b 8313. Categorical exclusion to meet forest plan goals for early successional forests (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, consistent with the applicable forest plan. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Project goals To the maximum extent practicable, the Secretary concerned shall design a forest management activity under this section to meet early successional forest goals in such a manner so as to maximize production and regeneration of priority species, as identified in the forest plan and consistent with the capability of the activity site. (e) Acreage limitations A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres. 8314. Categorical exclusion for hazard trees (a) Categorical exclusion established Forest management activities carried out by the Secretary concerned to remove hazard trees for purposes of the protection of public health or safety, water supply, or public infrastructure are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. 8315. Categorical exclusion to improve or restore National Forest System lands or public land or reduce the risk of wildfire (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion (1) Designation The category of forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands. (2) Activities authorized The following forest management activities may be carried out pursuant to the categorical exclusion established under subsection (a): (A) Removal of juniper trees, medusahead rye, conifer trees, piñon pine trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments. (B) Performance of hazardous fuels management. (C) Creation of fuel and fire breaks. (D) Modification of existing fences in order to distribute livestock and help improve wildlife habitat. (E) Stream restoration and erosion control, including the installation of erosion control devices. (F) Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat. (G) Performance of soil treatments, native and non-native seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species. (H) Use of herbicides, so long as the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage limitations A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres. (e) Definitions In this section: (1) Hazardous fuels management The term hazardous fuels management (2) Late-season grazing The term late-season grazing (3) Targeted livestock grazing The term targeted livestock grazing 8316. Categorical exclusion for forest restoration (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion (1) Designation The category of forest management activities designated under this section for categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is— (A) to improve forest health and resiliency to disturbances; (B) to reduce hazardous fuels; or (C) to improve wildlife and aquatic habitat. (2) Activities authorized The following forest management activities may be carried out pursuant the categorical exclusion established under subsection (a): (A) Timber harvests, including commercial and pre-commercial timber harvest, salvage harvest, and regeneration harvest. (B) Hazardous fuels reduction. (C) Prescribed burning. (D) Improvement or establishment of wildlife and aquatic habitat. (E) Stream restoration and erosion control. (F) Road and trail decommissioning. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage limitations A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres. (e) Limitations on road building (1) Permanent roads A forest management activity covered by the categorical exclusion established by subsection (a) may include— (A) the construction of permanent roads not to exceed 3 miles; and (B) the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. (2) Temporary roads Any temporary road constructed for a forest management activity covered by the categorical exclusion established by subsection (a) shall be decommissioned not later than 3 years after the date on which the project is completed. 8317. Categorical exclusion for infrastructure forest management activities (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion The category of forest management activities designated under this section for categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is— (1) constructing, reconstructing, or decommissioning National Forest System roads not exceeding 3 miles; (2) adding an existing road to the forest transportation system; (3) reclassifying a National Forest System road at a different maintenance level; (4) reconstructing, rehabilitating, or decommissioning bridges; (5) removing dams; or (6) maintaining facilities through the use of pesticides as authorized by applicable Federal and State law and as applied in accordance with label instructions. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section. 8318. Categorical exclusion for developed recreation sites (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion (1) Designation The category of forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is to operate, maintain, modify, reconstruct, or decommission existing developed recreation sites. (2) Activities authorized The following forest management activities may be carried out pursuant to the categorical exclusion under subsection (a): (A) Constructing, modifying, or reconstructing toilet or shower facilities. (B) Constructing, modifying, or reconstructing fishing piers, wildlife viewing platforms, docks, or other constructed recreation sites or facilities. (C) Constructing, reconstructing, or maintaining, parking areas, National Forest System roads, or National Forest System trails within or connecting to recreation sites, including paving and road and trail rerouting, except that— (i) permanent roads constructed under this section may not exceed 3 miles; and (ii) temporary roads constructed for projects covered by this section shall be decommissioned within 3 years of completion of the project. (D) Modifying or reconstructing existing water or waste disposal systems. (E) Constructing, modifying, or reconstructing single or group use sites. (F) Decommissioning recreation facilities or portions of recreation facilities. (G) Decommissioning National Forest System roads or National Forest System trails not exceeding 3 miles within or connecting to developed recreation sites. (H) Constructing, modifying, or reconstructing boat landings. (I) Reconstructing existing ski lifts. (K) Modifying or reconstructing a recreation lodging rental. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section. 8319. Categorical exclusion for administrative sites (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is to construct, reconstruct, maintain, decommission, relocate, or dispose of an administrative site. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Limitations (1) Permanent roads A project covered by the categorical exclusion established by subsection (a) may include— (A) the construction of permanent roads not to exceed 3 miles; and (B) the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. (2) Temporary roads Any temporary road constructed for a project covered by the categorical exclusion established by subsection (a) shall be decommissioned not later than 3 years after the date on which the project is completed. (3) Pesticides Pesticides may only be used to carry out a project covered by the categorical exclusion established by subsection (a) as authorized by applicable Federal and State law and as applied in accordance with label instructions. (e) Definition of administrative site In this section, the term administrative site 16 U.S.C. 580d 8320. Categorical exclusion for special use authorizations (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is: (1) Issuance of a new special use authorization for an existing or expired special use authorization, without any substantial change in the scope and scale of the authorized use and occupancy when— (A) the issuance is a purely ministerial action to account for administrative changes, such as a change in ownership or expiration of the current authorization; and (B) the applicant or holder is in compliance with the terms and conditions of the existing or expired special use authorization. (2) Modification, removal, repair, maintenance, reconstruction, or replacement of a facility or improvement for an existing special use authorization. (3) Issuance of a new special use authorization or amendment to an existing special use authorization for activities that will occur on existing roads, trails, facilities, or areas approved for use in a land management plan or other documented decision. (4) Approval, modification, or continuation of minor, short-term (5 years or less) special uses of National Forest System lands or public lands. (5) Issuance of a special use authorization for an existing unauthorized use or occupancy that has not been deemed in trespass where no new ground disturbance is proposed. (6) Approval or modification of minor special uses of National Forest System lands or public lands that require less than 20 contiguous acres. (7) Approval of vegetative management plans, and vegetation management activities in accordance with an approved vegetation management plan, under a special use authorization for an electric transmission and distribution facility right-of-way. (c) Availability of exclusion On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Document requirements The Secretary of Agriculture shall not be required to prepare a project file or decision memorandum to categorically exclude a forest management activity described under paragraphs (1) through (4) of subsection (b). 8321. Clarification of existing categorical exclusion authority related to insect and disease infestation Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c)(2)(B) Fire Regime Groups I, II, or III Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V III Miscellaneous Forest Management Activities 8331. Good neighbor agreements Section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a (1) in subsection (a)— (A) in paragraph (1)(B), by striking Secretary or a Governor Secretary, Governor, or Indian Tribe (B) in paragraph (4) by striking Secretary and a Governor Secretary and either a Governor or an Indian Tribe (C) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (D) by inserting after paragraph (5) the following new paragraph: (6) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 ; and (2) in subsection (b)— (A) in paragraph (1)(A), by inserting or an Indian Tribe Governor (B) in paragraph (3), by inserting or an Indian Tribe Governor 8332. Promoting cross-boundary wildfire mitigation Section 103 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6513 (1) in subsection (d), by adding at the end the following new paragraph: (3) Cross-boundary considerations For any fiscal year for which the amount appropriated to the Secretary for hazardous fuels reduction is in excess of $300,000,000, the Secretary— (A) is encouraged to use the excess amounts for hazardous fuels reduction projects that incorporate cross-boundary treatments of landscapes on Federal land and non-Federal land; and (B) may use the excess amounts to support authorized hazardous fuels reduction projects on non-Federal lands through grants to State Foresters, or equivalent State officials, in accordance with subsection (e) in an amount equal to the greater of— (i) 20 percent of the excess amount; and (ii) $20,000,000. ; and (2) by adding at the end the following new subsection: (e) Cross-Boundary fuels reduction projects (1) In general To the maximum extent practicable, the Secretary shall use the excess funds described in subsection (d)(3) to support hazardous fuels reduction projects that incorporate treatments for hazardous fuels reduction in landscapes across ownership boundaries on Federal, State, county, or Tribal land, private land, and other 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) (2) Land treatments To conduct and fund treatments for projects that include Federal and non-Federal land, the Secretary may— (A) use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under— (i) section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a (ii) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 16 U.S.C. 1011 Public Law 106–291 (B) allocate excess funds under subsection (d)(3) for projects carried out pursuant to section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a (3) Cooperation In carrying out this subsection, the State Forester, in consultation with the Secretary (or a designee)— (A) shall consult with the owners of State, county, Tribal, and private land and other non-Federal land with respect to hazardous fuels reduction projects; and (B) shall not implement any project on non-Federal land without the consent of the owner of the non-Federal land. (4) Existing laws Regardless of the individual or entity implementing a project on non-Federal land under this subsection, only the laws and regulations that apply to non-Federal land shall be applicable with respect to the project. . 8333. Regulations regarding designation of dead or dying trees of certain tree species on National Forest System lands in California as exempt from prohibition on export of unprocessed timber originating from Federal lands (a) Issuance of regulations Consistent with the rulemaking procedures specified in paragraph (2) of subsection (b) of section 489 of the Forest Resources Conservation and Shortage Relief Act of 1990 ( 16 U.S.C. 620a (b) Elimination of adverse effects In making the determination under subsection (a) and in implementing any regulations issued under such subsection, the Secretary of Agriculture shall— (1) consult with representatives of sawmills in the State of California and other interested persons; and (2) make reasonable efforts to avoid adversely impacting the domestic sawmill industry in the State of California. (c) Special contract provisions The Secretary of Agriculture may adjust contract provisions for Forest Service contracts in region 5 of the National Forest System as the Secretary considers appropriate to ensure successful implementation of, and compliance with, the regulations issued under subsection (a). (d) Relation to limitations on timber substitution Section 490 of the Forest Resources Conservation and Shortage Relief Act of 1990 ( 16 U.S.C. 620b (e) Additional staff for Implementation Using funds otherwise available to the Forest Service for management, protection, improvement, and utilization of the National Forest System, the Secretary of Agriculture may hire additional Forest Service employees to implement the regulations issued under subsection (a). (f) Duration of regulations; periodic review The regulations issued under subsection (a) shall remain in effect for a 10-year period beginning on the date of the issuance of the regulations, except that the continued need for the regulations shall be subject to the periodic review required by the second sentence of section 489(b)(2) of the Forest Resources Conservation and Shortage Relief Act of 1990 ( 16 U.S.C. 620a(b)(2) (g) Definitions In this section: (1) Covered tree species The term covered tree species (A) Ponderosa pine ( Pinus ponderosa (B) Sugar pine ( Pinus lambertiana (C) Jeffrey pine ( Pinus jefferyi (D) Lodgepole pine ( Pinus contorta (2) Died or dying The term died or dying D Tribal Forestry Participation and Protection 8401. Protection of Tribal forest assets through use of stewardship end result contracting and other authorities (a) Prompt consideration of Tribal requests Section 2(b) of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a(b) (1) in paragraph (1), by striking Not later than 120 days after the date on which an Indian tribe submits to the Secretary In response to the submission by an Indian Tribe of (2) by adding at the end the following new paragraph: (4) Time periods for consideration (A) Initial response Not later than 120 days after the date on which the Secretary receives a Tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian Tribe regarding— (i) whether the request may meet the selection criteria described in subsection (c); and (ii) the likelihood of the Secretary entering into an agreement or contract with the Indian Tribe under paragraph (2) for activities described in paragraph (3). (B) Notice of denial Notice under subsection (d) of the denial of a Tribal request under paragraph (1) shall be provided not later than 1 year after the date on which the Secretary received the request. (C) Completion Not later than 2 years after the date on which the Secretary receives a Tribal request under paragraph (1), other than a Tribal request denied under subsection (d), the Secretary shall— (i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and (ii) enter into the agreement or contract with the Indian Tribe under paragraph (2). . (b) Conforming and technical amendments Section 2 of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a (1) in subsections (b)(1) and (f)(1), by striking section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 Public Law 105–277 section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c (2) in subsection (d), by striking subsection (b)(1), the Secretary may paragraphs (1) and (4)(B) of subsection (b), the Secretary shall 8402. Tribal forest management demonstration project The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a 25 U.S.C. 5304 E Other Matters 8501. Clarification of research and development program for wood building construction (a) In general The Secretary shall conduct performance-driven 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— (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 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 Secretary of the life cycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction; (4) analyzing methods to reduce the life cycle 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) one 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 period. (e) Definitions In this section: (1) Innovative wood product The term innovative wood product (2) Mass timber The term mass timber (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 (4) Tall wood building The term tall wood building (A) constructed with mass timber; and (B) more than 85 feet in height. 8502. Utility infrastructure rights-of-way vegetation management pilot program (a) Pilot program required To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily perform vegetation management on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary shall conduct a limited, voluntary pilot program, in the manner described in this section, to permit vegetation management projects on National Forest System land adjacent to or near such rights-of-way. (b) Eligible participants A participant in the pilot program must have a right-of-way on National Forest System land. In selecting participants, the Secretary shall give priority to holders of a right-of-way who have worked with Forest Service fire scientists and used technologies, such as Light Detection and Ranging surveys, to improve utility infrastructure protection prescriptions. (c) Project elements A vegetation management project under the pilot program involves limited and selective vegetation management activities, which— (1) shall create the least amount of disturbance reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models; (2) may include thinning, fuel reduction, creation and treatment of shaded fuel breaks, and other measures as appropriate; (3) shall only take place adjacent to the participant’s right-of-way or within 75 feet of the participant’s right-of-way; (4) shall not take place in any designated wilderness area, wilderness study area, or inventoried roadless area; and (5) shall be subject to approval by the Forest Service in accordance with this section. (d) Project costs A participant in the pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program, unless the Secretary determines that it is in the public interest for the Forest Service to contribute funds for a vegetation management project conducted under the pilot program. (e) Liability (1) In general Participation in the pilot program does not affect any existing legal obligations or liability standards that— (A) arise under the right-of-way for activities in the right-of-way; or (B) apply to fires resulting from causes other than activities conducted pursuant to an approved vegetation management project. (2) Project work A participant shall not be liable to the United States for damage proximately caused by activities conducted pursuant to an approved vegetation management project unless— (A) such activities were carried out in a manner that was grossly negligent or that violated criminal law; or (B) the damage was caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of participating in the pilot program. (f) Implementation The Secretary shall utilize existing laws and regulations in the conduct of the pilot program and, in order to implement the pilot program in an efficient and expeditious manner, may waive or modify specific provisions of the Federal Acquisition Regulation, including modifications to allow for formation of contracts or agreements on a noncompetitive basis. (g) 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 such funds, in such amounts as may be appropriated, in the conduct of the pilot program. (h) Definitions In this section: (1) National Forest System land The term National Forest System land 16 U.S.C. 1609(a) 7 U.S.C. 1010–1012 (2) Passing wildfire The term passing wildfire (3) Right-of-way The term right-of-way (4) Utility infrastructure The term utility infrastructure (i) Duration The authority to conduct the pilot program, and any vegetation management project under the pilot program, expires December 21, 2027. (j) Report to Congress Not later than December 31, 2019, and every two years thereafter, the Secretary shall issue a report to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives on the status of the program and any projects established under this section. 8503. Revision of extraordinary circumstances regulations (a) Determinations of extraordinary circumstances In determining whether extraordinary circumstances related to a proposed action preclude use of a categorical exclusion, the Forest Service shall not be required to— (1) consider whether a proposed action is within a potential wilderness area; (2) consider whether a proposed action affects a Forest Service sensitive species; (3) conduct an analysis under section 220.4(f) of title 36, Code of Federal Regulations, of the proposed action’s cumulative impact (as the term is defined in section 1508.7 of title 40, Code of Federal Regulations); (4) consider a determination under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (5) consider a determination under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (b) Proposed rulemaking Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall publish a notice of proposed rulemaking to revise section 220.6(b) of title 36, Code of Federal Regulations to conform such section with subsection (a). (c) Additional revision As part of the proposed rulemaking described in subsection (b), the Secretary of Agriculture shall revise section 220.5(a)(2) of title 36, Code of Federal Regulations, to provide that the Forest Service shall not be required to consider proposals that would substantially alter a potential wilderness area as a class of actions normally requiring environmental impact statements. (d) Additional actions Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue final regulations to carry out the revisions described in subsections (b) and (c). 8504. No loss of funds for wildfire suppression Nothing in this title or the amendments made by this title may be construed to limit from the availability of funds or other resources for wildfire suppression. 8505. 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 (A) in section 102(a)(2), by striking the date of enactment the date of the enactment (B) in section 401(a)(1), by inserting of 2000 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) (1) in paragraph (3)(B)(i)(II), by striking Good Neighbor Authority Improvement Act Wildfire Suppression Funding and Forest Management Activities Act (2) in paragraph (7), as redesignated by section 8331, by striking Good Neighbor Authority Improvement Act Wildfire Suppression Funding and Forest Management Activities Act IX Horticulture A Horticulture marketing and information 9001. Specialty crops market news allocation Section 10107(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1622b(b) 2018 2023 9002. Farmers’ Market and Local Food Promotion Program Section 6(g) of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005(g) (1) in paragraph (3), by striking this section 2018. this section— (A) $10,000,000 for each of fiscal years 2014 through 2018; and (B) $30,000,000 for each of fiscal years 2019 through 2023. ; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively. 9003. Food safety education initiatives Section 10105(c) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7655a(c) 2018 2023 9004. Specialty crop block grants Section 101 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 Public Law 108–465 (1) in subsection (a)— (A) by striking 2018 2023 (B) by striking agriculture solely to enhance the competitiveness of specialty crops. agriculture to— (1) enhance the competitiveness of specialty crops; (2) leverage efforts to market and promote specialty crops; (3) assist producers with research and development; (4) expand availability and access to specialty crops; (5) address local, regional, and national challenges confronting specialty crop producers; and (6) other priorities as determined by the Secretary in consultation with relevant State departments of agriculture. ; (2) in subsection (k), by adding at the end the following new paragraph: (3) Evaluation of performance The Secretary shall enter into a cooperative agreement with relevant State departments of agriculture and specialty crop industry stakeholders that agree to— (A) develop, in consultation with the Secretary, performance measures to be used as the sole means for performing an evaluation under subparagraph (B); and (B) periodically evaluate the performance of the program established under this section. ; and (3) in subsection (l)(2)(E), by striking fiscal year 2018 each of fiscal years 2018 through 2023 9005. 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) (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 . (b) Right to plant variety protection; plant varieties protectable Section 42(a) of the Plant Variety Protection Act ( 7 U.S.C. 2402(a) or tuber propagated , 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) or asexually sexually (d) False marketing; cease and desist orders Section 128(a) of the Plant Variety Protection Act ( 7 U.S.C. 2568(a) or asexually sexually 9006. Organic programs (a) Additional accreditation authority Section 2115 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6514 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Satellite offices and overseas operations The Secretary— (1) has oversight and approval authority with respect to a certifying agent accredited under this section who is operating as a certifying agent in a foreign country for the purpose of certifying a farm or handling operation in such foreign country as a certified organic farm or handling operation; and (2) shall require that each certifying agent that intends to operate in any foreign country as described in paragraph (1) is authorized by the Secretary to so operate on an annual basis. . (b) National list of approved and prohibited substances for organic farming or handling operations Section 2119(n) of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6518(n) (n) Petitions (1) In general The Board shall establish procedures under which persons may petition the Board for the purpose of evaluating substances for inclusion on the National List. (2) Expedited review The Secretary shall develop procedures under which the review of a petition referred to in paragraph (1) may be expedited if the petition seeks to include on the National List a postharvest handling substance that is related to food safety or a class of such substances. (3) Rule of construction Nothing in paragraph (2) shall be construed as providing that section 2118(d) does not apply with respect to the inclusion of a substance on the National List pursuant to such paragraph. . (c) Certain employees eligible to serve as National Organics Standards Board members Section 2119(b) of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6518(b) (1) in paragraph (1), by inserting , or employees of such individuals operation (2) in paragraph (2), by inserting , or employees of such individuals operation (3) in paragraph (3), by inserting , or an employee of such individual products (d) National Organic Standards Board consultation requirements Section 2119(l) of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6518(l) (1) in paragraph (2), by striking ; and (2) in paragraph (3)— (A) by striking and the evaluation of the technical advisory panel , the evaluation of the technical advisory panel, and the determinations of the task force required under paragraph (4) (B) by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (4) in the case of a substance not included in the National List that the Commissioner of Food and Drugs has determined to be safe for use within the meaning of section 201(s) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(s) . (e) Recordkeeping, investigation, and enforcement (1) Collaborative investigations and enforcement Section 2120 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6519 (d) Collaborative investigations and enforcement (1) Information sharing during active investigation In carrying out this title, all parties to an active investigation (including certifying agents, State organic certification programs, and the national organic program) may share confidential business information with Federal and State government officers and employees and certifying agents involved in the investigation as necessary to fully investigate and enforce potential violations of this title. (2) Access to data documentation systems The Secretary shall have access to available data from cross-border documentation systems administered by other Federal agencies, including— (A) the Automated Commercial Environment system of U.S. Customs and Border Protection; and (B) the Phytosanitary Certificate Issuance and Tracking system of the Animal and Plant Health Inspection Service. (3) Additional documentation and verification The Secretary, acting through the Deputy Administrator of the national organic program under this title . (2) Modification of regulations on Exclusions from Certification Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to limit the type of operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations (or a successor regulation). (f) Reporting requirement Section 2122 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6521 (c) Reporting requirement Not later than March 1, 2019, and annually thereafter through March 1, 2023, the Secretary shall submit to Congress a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year. . (g) Authorization of appropriations for national organic program Subsection (b) of section 2123 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6522 (b) National Organic Program Notwithstanding any other provision of law, in order to carry out activities under the national organic program established under this title, there are authorized to be appropriated— (1) $15,000,000 for fiscal year 2018; (2) $16,500,000 for fiscal year 2019; (3) $18,000,000 for fiscal year 2020; (4) $20,000,000 for fiscal year 2021; (5) $22,000,000 for fiscal year 2022; and (6) $24,000,000 for fiscal year 2023. . (h) International trade technology systems and data collection Subsection (c) of section 2123 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6522 (c) Modernization and improvement of international trade technology systems and data collection (1) In general The Secretary shall modernize international trade tracking and data collection systems of the national organic program. (2) Activities In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to ensure full traceability without unduly hindering trade, such as through an electronic trade document exchange system. (3) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for fiscal year 2019 for the purposes of— (A) carrying out this subsection; and (B) maintaining the database and technology upgrades previously carried out under this subsection, as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 (4) Availability The amounts made available under paragraph (3) are in addition to any other funds made available for the purposes specified in such paragraph and shall remain available until expended. . (i) 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) (1) by striking paragraphs (1) and (2) and inserting the following new paragraph: (1) Mandatory funding for fiscal year 2019 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000 for fiscal year 2019, to remain available until expended. ; (2) in paragraph (3)— (A) by striking paragraphs (1) and (2) paragraph (1) (B) by striking 2018 2023 (3) by redesignating paragraph (3), as so amended, as paragraph (2). B Regulatory Reform I State lead agencies under Federal Insecticide, Fungicide, and Rodenticide Act 9101. Recognition and role of State lead agencies (a) State Lead Agency Defined Section 2(aa) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136(aa) (1) by striking (aa) (aa) State; State lead agency (1) State The term ; and (2) by adding at the end the following: (2) State lead agency The term State lead agency . (b) Uniform regulation of pesticides (1) Cooperation with and role of state lead agency Section 22(b) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136t(b) promulgated by the Administrator or, when authorized pursuant to a cooperative agreement entered into under section 23(a)(1), by a State lead agency for a State (2) Authority to establish and maintain uniform regulations Section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136u(a)(1) enforcement of this Act, to authorize the State or Indian Tribe to establish and maintain uniform regulation of pesticides within the State or for the Indian Tribe, (3) Condition on more restrictive regulation Section 24(a) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136v(a) A State may A State, but not a political subdivision of a State, may (c) Role of state lead agencies in promulgation of regulations Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w(a)(2) (1) in subparagraph (A)— (A) in the first sentence, by inserting and each State lead agency Agriculture (B) by striking the second sentence and inserting the following: If the Secretary or any State lead agency comments in writing to the Administrator regarding any such regulation within 30 days after receiving the copy of the regulation, the Administrator shall publish in the Federal Register (with the proposed regulation) all such comments and the response of the Administrator to the comments. (C) in the third sentence, by inserting or any State lead agency Secretary (2) in subparagraph (B)— (A) in the first sentence, by inserting and each State lead agency Agriculture (B) by striking the second sentence and inserting the following: If the Secretary or any State lead agency comments in writing to the Administrator regarding any such regulation within 15 days after receiving the copy of the regulation, the Administrator shall publish in the Federal Register (with the final regulation) the comments of the Secretary or State lead agency, if requested by the Secretary or State lead agency, and the response of the Administrator to the comments. (C) in the third sentence, by inserting or any State lead agency Secretary (3) in subparagraph (C), by inserting before the period at the end the following: , in consultation with the State lead agencies II Pesticide registration and use 9111. Registration of pesticides (a) Approval of registration Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(5) (1) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively and moving the margins of such clauses (as so redesignated) 2 ems to the right; (2) by striking registration registration.— (A) In general The Administrator; ; (3) in clause (iii), as so redesignated, by striking ; and (4) in clause (iv), as so redesignated, by striking the period at the end and inserting ; and (5) in the matter following clause (iv), as so redesignated, by striking The Administrator shall not make any lack for use of the pesticide in such State. (6) in subparagraph (A), as amended, by adding at the end the following new clause: (v) when used in accordance with widespread and commonly recognized practice it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly alter, in a manner that is likely to appreciably diminish its value, critical habitat for both the survival and recovery of such species. ; and (7) by adding at the end the following new subparagraphs: (B) Principles to be applied to certain determinations In determining whether the condition specified in subparagraph (A)(v) is met, the Administrator shall take into account the best scientific and commercial information and data available, and shall consider all directions for use and restrictions on use specified by the registration. In making such determination, the Administrator shall use an economical and effective screening process that includes higher-tiered probabilistic ecological risk assessments, as appropriate. Notwithstanding any other provision of law, the Administrator shall not be required to consult or otherwise communicate with the Secretary of the Interior and the Secretary of Commerce except to the extent specified in subparagraphs (C) and (D). (C) Species information and data (i) Request Not later than 30 days after the Administrator begins any determination under subparagraph (A)(v) with respect to the registration of a pesticide, the Administrator shall request that the Secretary of the Interior and the Secretary of Commerce transmit, with respect to any federally listed threatened and endangered species involved in such determination, the Secretaries’ best available and authoritative information and data on— (I) the location, life history, habitat needs, distribution, threats, population trends and conservation needs of such species; and (II) relevant physical and biological features of designated critical habitat for such species. (ii) Transmission of data After receiving a request under clause (i), the Secretary of the Interior and the Secretary of Commerce shall transmit the information described in such clause to the Administrator on a timely basis, unless the Secretary of the Interior and the Secretary of Commerce have made such information available through a web-based platform that is updated on at least a quarterly basis. (iii) Failure to transmit data The failure of the Secretary of the Interior or the Secretary of Commerce to provide information to the Administrator under clause (ii) shall not constitute grounds for extending any deadline for action under section 33(f). (D) Consultation (i) In general At the request of an applicant, the Administrator shall request consultation with the Secretary of the Interior and the Secretary of Commerce. (ii) Requirements With respect to a consultation under this subparagraph, the Administrator and the Secretary of the Interior and the Secretary of Commerce shall comply with subpart D of part 402 of title 50, Code of Federal Regulations (commonly known as the Joint Counterpart Endangered Species Act Section 7 Consultation), or successor regulations. (E) Failure to consult (i) Not actionable Notwithstanding any other provision of law, beginning on the date of the enactment of this subparagraph, the failure of the Administrator to consult with the Secretary of the Interior and the Secretary of Commerce, except as provided by this section, is not actionable in any Federal court. (ii) Remedy In any action pending in Federal court on the date of the enactment of this subparagraph or any action brought in Federal court after such date, with respect to the Administrator’s failure to consult with the Secretary of the Interior and the Secretary of Commerce, the sole and exclusive remedy for any such action, other than as otherwise specified in this Act, shall be scheduling the determinations required by section 3(c)(5)(E) for an active ingredient consistent with the periodic review of registrations established by this section. (F) Essentiality and efficacy The Administrator shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two pesticides meet the requirements of this paragraph, one should not be registered in preference to the other. In considering an application for the registration of a pesticide, the Administrator may waive data requirements pertaining to efficacy, in which event the Administrator may register the pesticide without determining that the pesticide’s composition is such as to warrant proposed claims of efficacy. If a pesticide is found to be efficacious by any State under section 24(c), a presumption is established that the Administrator shall waive data requirements pertaining to efficacy for use of the pesticide in such State. . (b) Registration under special circumstances Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(7) (1) in subparagraph (A)— (A) by inserting and when used in accordance with widespread and commonly recognized practice, it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species, or differ only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment, (B) by inserting and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species . An applicant seeking conditional registration (2) in subparagraph (B), by inserting and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly appreciably diminish the value of critical habitat for both the survival and recovery of the listed species . Notwithstanding the foregoing provisions (c) Registration review Section 3(g)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(g)(1)(A) (vi) Ensuring protection of species and habitat The Administrator shall complete the determination required under subsection (c)(5)(A)(v) for an active ingredient consistent with the periodic review of registrations under clauses (ii) and (iii) in accordance with the following schedule: (I) With respect to any active ingredient first registered on or before October 1, 2007, not later than October 1, 2026. (II) With respect to any active ingredient first registered between October 1, 2007, and the day before the date of the enactment of this clause, not later than October 1, 2033. (III) With respect to any active ingredient first registered on or after the date of the enactment of this clause, not later than 48 months after the effective date of registration. . 9112. Experimental use permits Section 5(a) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136c(a) and that the issuance of such a permit is not likely to jeopardize the survival of a federally listed threatened or endangered species or diminish the value of critical habitat for both the survival and recovery of the listed species section 3 of this Act 9113. Administrative review; suspension Section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d(b) or does not meet the criteria specified in section 3(c)(5)(A)(v) adverse effects on the environment 9114. Unlawful acts Section 12 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136j (c) Lawful use of pesticide resulting in incidental taking of certain species If the Administrator determines, with respect to a pesticide that is registered under this Act, that the pesticide meets the criteria specified in section 3(c)(5)(A)(v), any taking of a federally listed threatened or endangered species that is incidental to an otherwise lawful use of such pesticide pursuant to this Act shall not be considered unlawful under— (1) section 4(d) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) (2) section 9(a)(1)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(a)(1)(B) . 9115. Authority of States Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136v(c) (1) in paragraph (2), in the second sentence, by inserting and the State registration is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly alter in a manner that is likely to appreciably diminish the value of critical habitat for both the survival and recovery of the listed species (2) by striking paragraph (4). 9116. Regulations Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall publish, and revise thereafter as appropriate, a work plan and processes for completing the determinations required by clause (v) of section 3(c)(5)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(5)(A) 9117. Use of authorized pesticides Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(f) (5) Use of authorized pesticides Except as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide. . 9118. Discharges of pesticides Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (s) Discharges of pesticides (1) No permit requirement Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide. (2) Exceptions Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue: (A) A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if— (i) the discharge would not have occurred but for the violation; or (ii) the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation. (B) Stormwater discharges subject to regulation under subsection (p). (C) The following discharges subject to regulation under this section: (i) Manufacturing or industrial effluent. (ii) Treatment works effluent. (iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention. . 9119. Enactment of Pesticide Registration Improvement Enhancement Act of 2017 H.R. 1029 of the 115th Congress, entitled the Pesticide Registration Improvement Enhancement Act of 2017 III Amendments to the Plant Protection Act 9121. Methyl bromide Section 419 of the Plant Protection Act ( 7 U.S.C. 7719 419. Methyl bromide (a) Authorization (1) In general Subject to paragraphs (2) and (3), a State, local, or Tribal authority may authorize the use of methyl bromide for a qualified use if the authority determines the use is required to respond to an emergency event. The Secretary may authorize such a use if the Secretary determines such a use is required to respond to an emergency event. (2) Notification Not later than 5 days after the date on which a State, local, or Tribal authority makes the determination described in paragraph (1), the State, local, or Tribal authority intending to authorize the use of methyl bromide for a qualified use shall submit to the Secretary a notification that contains the information described in subsection (b). (3) Objection A State, local, or Tribal authority may not authorize the use of methyl bromide under paragraph (1) if the Secretary objects to such use under subsection (c) within the 5-day period specified in such subsection. (b) Notification contents A notification submitted under subsection (a)(2) by a State, local, or Tribal authority shall contain— (1) a certification that the State, local, or Tribal authority requires the use of methyl bromide to respond to an emergency event; (2) a description of the emergency event and the economic loss that would result from such emergency event; (3) the identity and contact information for the responsible individual of the authority; and (4) with respect to the qualified use of methyl bromide that is the subject of the notification— (A) the specific location in which the methyl bromide is to be used and the total acreage of such location; (B) the identity of the pest or pests to be controlled by such use; (C) the total volume of methyl bromide to be used; and (D) the anticipated date of such use. (c) Objection (1) In general The Secretary, not later than 5 days after the receipt of a notification submitted under subsection (a)(2), may object to the authorization of the use of methyl bromide under such subsection by a State, local, or Tribal authority by sending the State, local, or Tribal authority a notification in writing of such objection that— (A) states the reasons for such objection; and (B) specifies any additional information that the Secretary would require to withdraw the objection. (2) Reasons for objection The Secretary may object to an authorization described in paragraph (1) if the Secretary determines that— (A) the notification submitted under subsection (a)(2) does not— (i) contain all of the information specified in paragraphs (1) through (4) of subsection (b); or (ii) demonstrate the existence of an emergency event; or (B) the qualified use specified in the notification does not comply with the limitations specified in subsection (e). (3) Withdrawal of objection The Secretary shall withdraw an objection under this subsection if— (A) not later than 14 days after the date on which the Secretary sends the notification under paragraph (1) to the State, local, or Tribal authority involved, the State, local, or Tribal authority submits to the Secretary the additional information specified in such notification; and (B) such additional information is submitted to the satisfaction of the Secretary. (4) Effect of withdrawal Upon the issuance of a withdrawal under paragraph (3), the State, local, or Tribal authority involved may authorize the use of methyl bromide for the qualified use specified in the notification submitted under subsection (a)(2). (d) Use for emergency events consistent with FIFRA The production, distribution, sale, shipment, application, or use of a pesticide product containing methyl bromide in accordance with an authorization for a use under subsection (a) shall be deemed an authorized production, distribution, sale, shipment, application, or use of such product under the Federal Insecticide, Fungicide, and Rodenticide Act, regardless of whether the intended use is registered and included in the label approved for the product by the Administrator of the Environmental Protection Agency under such Act. (e) Limitations on use (1) Limitations on use per emergency event The amount of methyl bromide that may be used per emergency event at a specific location shall not exceed 20 metric tons. (2) Limits on aggregate amount The aggregate amount of methyl bromide allowed pursuant to this section for use in the United States in a calendar year shall not exceed the total amount authorized by the Parties to the Montreal Protocol pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011. (f) Ensuring adequate supply of methyl bromide Notwithstanding any other provision of law, it shall not be unlawful for any person or entity to produce or import methyl bromide, or otherwise supply methyl bromide from inventories (produced or imported pursuant to the Clean Air Act for other purposes) in response to an emergency event in accordance with subsection (a). (g) Exclusive authority of the Secretary Nothing in this section shall be construed to alter or modify the authority of the Secretary to use methyl bromide for quarantine and pre-shipment, without limitation, under the Clean Air Act. (h) Definitions (1) Emergency event The term emergency event (A) that occurs at a location on which a plant or commodity is grown or produced or a facility providing for the storage of, or other services with respect to, a plant or commodity; (B) for which the lack of availability of methyl bromide for a particular use would result in significant economic loss to the owner, lessee, or operator of such a location or facility or the owner, grower, or purchaser of such a plant or commodity; and (C) that, in light of the specific agricultural, meteorological, or other conditions presented, requires the use of methyl bromide to control a pest or disease in such location or facility because there are no technically or economically feasible alternatives to methyl bromide easily accessible by an entity referred to in subparagraph (B) at the time and location of the event that— (i) are registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 (ii) would adequately control the pest or disease presented at such location or facility. (2) Pest The term pest 7 U.S.C. 136 (3) Qualified use The term qualified use . IV Amendments to other laws 9131. Definition of retail facilities Not later than 180 days of the date of enactment of this Act, the Secretary of Labor shall revise the process safety management of highly hazardous chemicals standard under section 1910.119 of title 29, Code of Federal Regulations, promulgated pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 retail facility C Other Matters 9201. Report on regulation of 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 potential regulatory and legislative reforms to ensure the expeditious and appropriate review, approval, uniform national labeling, and availability of plant biostimulant products to agricultural producers. (b) Consultation The Secretary of Agriculture shall prepare the report required by subsection (a) in consultation with the Administrator of the Environmental Protection Agency, the several States (c) Plant biostimulant defined In this section, the term plant biostimulant 9202. Pecan marketing orders Section 8e(a) of the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 ( 7 U.S.C. 608e–1(a) pecans, walnuts, 9203. Report on honey and maple syrup Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report examining the effect of the final rule entitled Food Labeling: Revision of the Nutrition and Supplement Facts Labels added sugar X Crop Insurance 10001. 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) (1) by striking (A) In general The (2) by striking subparagraph (B). (b) Limitation on multiple benefits for same loss Section 508(n)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(n)(2) or to coverage described in section 508D (c) Coverage for forage and grazing The Federal Crop Insurance Act is amended by inserting after section 508C ( 7 U.S.C. 1508C 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, and be independently indemnified on, separate policies for each intended use, as determined by the Corporation. . 10002. Administrative basic fee Section 508(b)(5)(A) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b)(5)(A) $300 $500 10003. Prevention of duplicative coverage (a) In general Section 508(c)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c)(1) (C) Ineligible crops and acres Crops for which the producer has elected under section 1117 of the Agriculture and Nutrition Act of 2018 (i) coverage based on an area yield and loss basis under paragraph (3)(A)(ii); or (ii) supplemental coverage under paragraph (4)(C). . (b) Conforming amendments Section 508(c)(4)(C) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c)(4)(C) (1) by striking clause (iv); and (2) by redesignating clause (v) as clause (iv). 10004. Repeal of unused authority (a) In general Section 508(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d) (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). (b) Conforming amendments Section 508(a)(9)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(9)(B) (1) in clause (i), by inserting or (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii). 10005. Continued authority Section 508(g) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g) (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 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 carrying out of any provision of this Act as the Act was carried out for the 2018 reinsurance year. . 10006. Program administration Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act ( 7 U.S.C. 1516(b)(2)(C)(i) $9,000,000 $7,000,000 10007. Maintenance of policies (a) Section 522(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(b) (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 and actual research and development costs directly related to the policy 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 and actual costs if the costs are based on— (I) wage rates equal to 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; or (II) actual documented costs incurred by the applicant. ; and (2) in paragraph (4)— (A) in subparagraph (C), by striking approved insurance provider applicant (B) in subparagraph (D)— (i) in clause (i), by striking determined by the approved insurance provider determined by the applicant (ii) by striking clause (ii) and inserting the following new clauses: (ii) Approval Subject to clause (iii), the Board shall approve the amount of a fee determined under clause (i) unless the Board determines, based on substantial evidence in the record, that the amount of the fee unnecessarily inhibits the use of the policy. (iii) Consideration The Board shall not disapprove a fee on the basis of— (I) a comparison to maintenance fees paid with respect to the policy; or (II) the potential for the fee to result in a financial gain or loss to the applicant based on the number of policies sold. . (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) 10008. Research and development priorities (a) Repeal of certain research and development activities Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) (1) by striking paragraphs (7) through (18); (2) by striking paragraphs (20) through (23); and (3) by redesignating paragraphs (19) and (24) as paragraphs (7) and (8), respectively. (b) Whole farm application to beginning farmers and ranchers Paragraph (7) of section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) (E) Beginning farmer or rancher defined Notwithstanding section 502(b)(3), with respect to plans described under this paragraph, the term beginning farmer or rancher . (c) Research and development priorities Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) (9) Tropical storm or hurricane insurance (A) In general The Corporation shall offer to enter into 1 or more contracts with qualified entities 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 with respect to the policy required under subparagraph (A) shall— (i) evaluate the effectiveness of a risk management tool for a low frequency, catastrophic loss weather event; and (ii) provide protection for production or revenue losses, or both. (10) Subsurface irrigation practices The Corporation shall offer to enter into a contract with a qualified entity to conduct research and development regarding the creation of a separate practice for subsurface irrigation, including the establishment of a separate transitional yield within the county that is reflective of the average gain in productivity and yield associated with the installation of a subsurface irrigation system. (11) Study and report on grain sorghum rates and yields (A) Study The Corporation shall contract with a qualified entity to conduct a study to assess the difference in rates, average yields, and coverage levels of grain sorghum policies as compared to other feed grains within a county. (B) Report Not later than 1 year after the date of enactment of this paragraph, 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 the results of the study conducted under subparagraph (A). (12) Quality losses (A) In general The Corporation shall offer to enter into a contract with a qualified entity to conduct research and development regarding the establishment of an alternative method of adjusting for quality losses that does not impact the average production history of producers. (B) Requirements Notwithstanding subsections (g) and (m) of section 508, if the Corporation uses any method developed as a result of the contract described in subparagraph (A) to adjust for quality losses, such method shall be— (i) optional for producers to elect to use; and (ii) offered at an actuarially sound premium rate. . 10009. Extension of funding for research and development Section 522 of the Federal Crop Insurance Act ( 7 U.S.C. 1522 (1) by striking subsection (d); (2) in subsection (e)(2)(A)— (A) by striking under subsections (c) and (d) under subsection (c) (B) by striking not more than $12,500,000 for fiscal year 2008 and each subsequent fiscal year. not more than— (i) $12,500,000 for fiscal year 2008 through 2018; and ; and (C) by adding at the end the following: (ii) $8,000,000 for fiscal year 2019 and each fiscal year thereafter. ; and (3) by redesignating subsection (e), as so amended, as subsection (d). 10010. Education and risk management assistance Section 524 of the Federal Crop Insurance Act ( 7 U.S.C. 1524 524. Education and risk management assistance (a) Education Assistance Subject to the amounts made available under subsection (d), the Secretary, acting through the National Institute of Food and Agriculture, shall carry out the program established under subsection (b). (b) Partnerships for risk management education (1) Authority The Secretary, acting through the National Institute of Food and Agriculture, shall establish a program under which competitive grants are made to qualified public and private entities (including land-grant colleges, cooperative extension services, and colleges or universities), as determined by the Secretary, for the purpose of educating agricultural producers about the full range of risk management activities, including futures, options, agricultural trade options, crop insurance, cash forward contracting, debt reduction, production diversification, farm resources risk reduction, farm financial benchmarking, and other risk management strategies. (2) Basis for grants A grant under this subsection shall be awarded on the basis of merit and shall be subject to peer or merit review. (3) Obligation period Funds for a grant under this subsection shall be available to the Secretary for obligation for a 2-year period. (4) Administrative costs The Secretary may use not more than 4 percent of the funds made available for grants under this subsection for administrative costs incurred by the Secretary in carrying out this subsection. (c) Requirements In carrying out the program established under subsection (b), the Secretary shall place special emphasis on risk management strategies (including farm financial benchmarking), education, and outreach specifically targeted at— (1) beginning farmers or ranchers; (2) legal immigrant farmers or ranchers that are attempting to become established producers in the United States; (3) socially disadvantaged farmers or ranchers; and (4) farmers or ranchers that— (A) are preparing to retire; (B) are using transition strategies to help new farmers or ranchers get started; and (C) new or established farmers or ranchers that are converting production and marketing systems to pursue new markets. (d) Funding From the insurance fund established under section 516(c), there is transferred for the partnerships for risk management education program established under subsection (b) $5,000,000 for fiscal year 2018 and each subsequent fiscal year. . XI Miscellaneous A Livestock 11101. Animal Disease Preparedness and Response (a) National Animal Disease Preparedness and Response Program The Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308A 10409B. National Animal Disease Preparedness and Response Program (a) Program required The Secretary shall establish a program, to be known as the National Animal Disease Preparedness and Response Program (b) Eligible entities To carry out the National Animal Disease Preparedness and Response Program, the Secretary shall offer to enter into cooperative agreements, or other legal instruments, with eligible entities, to be selected by the Secretary, which may include any of the following entities, either individually or in combination: (1) A State department of agriculture. (2) The office of the chief animal health official of a State. (3) A land-grant college or university or NLGCA Institution (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (4) A college of veterinary medicine, including a veterinary emergency team at such college. (5) A State or national livestock producer organization with direct and significant economic interest in livestock production. (6) A State emergency agency. (7) A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association. (8) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (9) A Federal agency. (c) Activities (1) Program activities Activities under the National Animal Disease Preparedness and Response Program shall include, to the extent practicable, the following: (A) Enhancing animal pest and disease analysis and surveillance. (B) Expanding outreach and education. (C) Targeting domestic inspection activities at vulnerable points in the safeguarding continuum. (D) Enhancing and strengthening threat identification and technology. (E) Improving biosecurity. (F) Enhancing emergency preparedness and response capabilities, including training additional emergency response personnel. (G) Conducting technology development and enhancing electronic sharing of animal health data for risk analysis between State and Federal animal health officials. (H) Enhancing the development and effectiveness of animal health technologies to treat and prevent animal disease, including— (i) veterinary biologics and diagnostics; (ii) animal drugs for minor use and minor species; and (iii) animal medical devices. (I) Such other activities as determined appropriate by the Secretary, in consultation with eligible entities specified in subsection (b). (2) Priorities In entering into cooperative agreements or other legal instruments under subsection (b), the Secretary shall give priority to applications submitted by— (A) a State department of agriculture or an office of the chief animal health official of a State; or (B) an eligible entity that will carry out program activities in a State or region— (i) in which an animal pest or disease is a Federal concern; or (ii) which the Secretary determines has potential for the spread of an animal pest or disease after taking into consideration— (I) the agricultural industries in the State or region; (II) factors contributing to animal disease or pest in the State or region, such as the climate, natural resources, and geography of, and native and exotic wildlife species and other disease vectors in, the State or region; and (III) the movement of animals in the State or region. (3) Consultation For purposes of setting priorities under this subsection, the Secretary shall consult with eligible entities specified in subsection (b). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultation carried out under this paragraph. (d) Application (1) In general An eligible entity specified in subsection (b) seeking to enter into a cooperative agreement, or other legal instrument, under the National Animal Disease Preparedness and Response Program shall submit to the Secretary an application containing such information as the Secretary may require. (2) Notification The Secretary shall notify each applicant of— (A) the requirements to be imposed on the recipient of funds under the Program for auditing of, and reporting on, the use of such funds; and (B) the criteria to be used to ensure activities supported using such funds are based on sound scientific data or thorough risk assessments. (3) Non-Federal contributions When deciding whether to enter into an agreement or other legal instrument under the Program with an eligible entity described in subsection (b), the Secretary— (A) may take into consideration an eligible entity’s ability to contribute non-Federal funds to carry out such a cooperative agreement or other legal instrument under the Program; and (B) shall not require such an entity to make such a contribution. (e) Use of funds (1) Use consistent with terms of cooperative agreement The recipient of funds under the National Animal Disease Preparedness and Response Program shall use the funds for the purposes and in the manner provided in the cooperative agreement, or other legal instrument, under which the funds are provided. (2) Sub-agreement Nothing in this section prevents an eligible entity from using funds received under the Program to enter into sub-agreements with political subdivisions of State that have legal responsibilities relating to animal disease prevention, surveillance, or rapid response. (f) Reporting requirement Not later than 90 days after the date of completion of an activity conducted using funds provided under the National Animal Disease Preparedness and Response Program, the recipient of such funds shall submit to the Secretary a report that describes the purposes and results of the activities. . (b) National Animal Health Vaccine Bank The Animal Health Protection Act ( 7 U.S.C. 8301 10409C. National Animal Health Vaccine Bank (a) Establishment The Secretary shall establish a national vaccine bank (to be known as the National Animal Health Vaccine Bank (b) Elements of vaccine bank Through the National Animal Health Vaccine Bank, the Secretary shall— (1) maintain sufficient quantities of animal vaccine, antiviral, therapeutic, or diagnostic products to appropriately and rapidly respond to an outbreak of those animal diseases that would have the most damaging effect on human health or the United States economy; and (2) leverage, when appropriate, the mechanisms and infrastructure that have been developed for the management, storage, and distribution of the National Veterinary Stockpile of the Animal and Plant Health Inspection Service. (c) Priority for response to foot and mouth disease The Secretary shall prioritize the acquisition of sufficient quantities of foot and mouth disease vaccine, and accompanying diagnostic products, for the National Animal Health Vaccine Bank. As part of such prioritization, the Secretary shall consider contracting with one or more entities that are capable of producing foot and mouth disease vaccine and that have surge production capacity of the vaccine. . (c) Funding (1) In general Section 10417 of the Animal Health Protection Act ( 7 U.S.C. 8316 (d) Availability of funds for specified purposes (1) Mandatory funding (A) Fiscal year 2019 Of the funds of the Commodity Credit Corporation, the Secretary shall make available for fiscal year 2019 $250,000,000 to carry out sections 10409A, 10409B, and 10409C, of which— (i) $30,000,000 shall be made available to carry out the National Animal Health Laboratory Network under section 10409A; (ii) $70,000,000 shall be made available to carry out the National Animal Disease Preparedness and Response Program under section 10409B; and (iii) $150,000,000 shall be made available to establish and maintain the National Animal Health Vaccine Bank under section 10409C. (B) Subsequent fiscal years Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out sections 10409A, 10409B, and 10409C, $50,000,000 for each of fiscal years 2020 through 2023, of which not less than $30,000,000 shall be made available for each of those fiscal years to carry out the National Animal Disease Preparedness and Response Program under section 10409B. (2) Additional authorization of appropriations In addition to the funds made available under subparagraphs (A)(i) and (B) of paragraph (1) and funds authorized to be appropriated by subsection (a), there are authorized to be appropriated $15,000,000 for each of fiscal years 2019 through 2023 to carry out the National Animal Health Laboratory Network under section 10409A. (3) Administrative costs Of the funds made available under subparagraphs (A)(i), (A)(ii), and (B) and subparagraph (B) of paragraph (1), not more than four percent may be retained by the Secretary to pay administrative costs incurred by the Secretary to carry out the National Animal Health Laboratory Network under section 10409A and the National Animal Disease Preparedness and Response Program under section 10409B. Of the funds made available under subparagraphs (A)(ii) and (B) to carry out the National Animal Disease Preparedness and Response Program under section 10409B and (B) of such paragraph, not more than ten percent may be retained by an eligible entity to pay administrative costs incurred by the eligible entity to carry out such program. (4) Duration of availability Funds made available under this subsection, including any proceeds credited under paragraph (5), shall remain available until expended. (5) Proceeds from vaccine sales Any proceeds of a sale of vaccine or antigen from the National Animal Health Vaccine Bank shall be— (A) deposited into the Treasury of the United States; and (B) credited to the account for the operation of the National Animal Health Vaccine Bank. (6) Limitations on use of funds for certain purposes Funds made available under the National Animal Health Laboratory Network, the National Animal Disease Preparedness and Response Program, and the National Animal Health Vaccine Bank shall not be used for the construction of a new building or facility or the acquisition or expansion of an existing building or facility, including site grading and improvement and architect fees. . (2) Conforming amendments (A) Section heading The heading of section 10417 of the Animal Health Protection Act ( 7 U.S.C. 8316 10417. Funding . (B) Other amendments Section 10417 of the Animal Health Protection Act ( 7 U.S.C. 8316 (i) in subsection (a), by striking In General General Authorization of Appropriations (ii) in subsection (c), by striking to carry out this subtitle pursuant to the authorization of appropriations in subsection (a) (3) Repeal of separate authorization of National Animal Health Laboratory Network Section 10409A of the Animal Health Protection Act ( 7 U.S.C. 8308A(d) 11102. National Aquatic Animal Health Plan Section 11013(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8322(d) 2018 2023 11103. Veterinary training Section 10504 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8318 (1) by inserting and veterinary teams, including those based at colleges of veterinary medicine, veterinarians (2) by inserting before the period at the end the following: and who are capable of providing effective services before, during, and after emergencies 11104. Report on FSIS guidance and outreach to small meat processors Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Agriculture shall submit to the Secretary a report on the effectiveness of existing Food Safety and Inspection Service guidance materials and other tools used by small and very small establishments, as defined by regulations issued by the Food Safety and Inspection Service, as in effect on such date of enactment, including— (1) an evaluation of the effectiveness of the outreach conducted by the Food Safety and Inspection Service to small and very small establishments; (2) an evaluation of the effectiveness of the guidance materials and other tools used by the Food Safety and Inspection Service to assist small and very small establishments; (3) an evaluation of the responsiveness of Food Safety and Inspection Service personnel to inquiries and issues from small and very small establishments; and (4) 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. B Beginning, Socially Disadvantaged, and Veteran Producers 11201. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers Section 2501(a)(4) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a)(4) (1) in subparagraph (A)— (A) in the heading, by striking 2018 2023 (B) in clause (iii), by striking 2018 2023 (2) by redesignating subparagraph (E) as subparagraph (F); (3) by inserting after subparagraph (D) the following new subparagraph: (E) Priority In making grants and entering into contracts and other agreements under this section, the Secretary shall give priority to projects that— (i) deliver agricultural education to youth under the age of 18 in underserved and underrepresented communities; (ii) provide youth under the age of 18 with agricultural employment or volunteer opportunities, or both; and (iii) demonstrate experience in providing such education or opportunities to socially disadvantaged youth. ; and (4) in subparagraph (F), as so redesignated, by striking 2018 2023 11202. 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 (A) in the section heading, by striking Advocacy and Outreach Partnerships and Public Engagement (B) by striking Advocacy and Outreach Partnerships and Public Engagement (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 (b) Increasing outreach Section 226B of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934 (1) in subsection (b)(1)— (A) in subparagraph (A), by striking and (B) in subparagraph (B)— (i) in clause (ii), by striking and (ii) in clause (iii), by striking the period at the end and inserting ; and (iii) by adding at the end the following new clauses: (iv) limited resource producers; (v) veteran farmers and ranchers; and (vi) Tribal 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, Tribal farmers and ranchers, beginning farmers or ranchers, (B) in paragraph (1), by striking or socially disadvantaged socially disadvantaged, veteran, or Tribal (C) in paragraph (5), by inserting veteran farmers or ranchers, Tribal farmers or ranchers, 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) 2018 2023 (d) Office of Tribal Relations Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6921 of the Secretary of Partnerships and Public Engagement established under section 226B 11203. 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 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; and (C) adequate risk management tools; (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 recommendations for new Federal tax policies to facilitate lifetime and estate transfers; (4) the causes of the failures of such transitions, if any; and (5) the status 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 modernization of such programs. (c) Membership (1) Composition The Commission shall be composed of 10 members as follows: (A) 3 members appointed by the Secretary. (B) 3 members appointed by the Committee on 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 a member 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 (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 (l) Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission or any proceeding of the Commission. 11204. Agricultural youth organization coordinator Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 220 ( 7 U.S.C. 6920 221. 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 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 young farmers concerning the availability of, and eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; (6) serve as a resource for assisting young farmers in applying for participation in agricultural programs; and (7) advocate on behalf of young farmers 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. . C Textiles 11301. Repeal of Pima Agriculture Cotton Trust Fund Effective December 31, 2018, the Agricultural Act of 2014 ( 7 U.S.C. 2101 Public Law 113–79 11302. Repeal of Agriculture Wool Apparel Manufacturers Trust Fund Effective December 31, 2018, the Agricultural Act of 2014 ( 7 U.S.C. 2101 Public Law 113–79 11303. Repeal of wool research and promotion grants funding Effective December 31, 2018, the Agricultural Act of 2014 ( 7 U.S.C. 2101 Public Law 113–79 11304. Textile Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund, to be known as the Textile Trust Fund (1) reducing the injury to domestic manufacturers resulting from tariffs on cotton fabric that are higher than tariffs on certain apparel articles made of cotton fabric; (2) reducing the injury to domestic manufacturers resulting from tariffs on wool products that are higher than tariffs on certain apparel articles made of wool products; and (3) wool research and promotion (b) Distribution of funds From amounts in the Textile Trust Fund, the Secretary shall make payments annually, beginning in calendar year 2019, for each of calendar years 2019 through 2023 as follows: (1) Pima cotton From amounts specified in subsection (e)(2)(A), the Secretary shall make payments as follows: (A) Twenty-five percent of such amounts for a calendar year shall be paid to one or more nationally recognized associations established for the promotion of pima cotton for use in textile and apparel goods. (B) Twenty-five percent of such amounts for a calendar year shall be paid to yarn spinners of pima cotton that produce ring spun cotton yarns in the United States, to be allocated to each spinner in an amount that bears the same ratio as— (i) the spinner’s production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton in single and plied form during the previous calendar year (as evidenced by an affidavit provided by the spinner that meets the requirements of subsection (c)(1)); bears to (ii) the production of the yarns described in clause (i) during the previous calendar year for all spinners who qualify under this subparagraph. (C) Fifty percent of such amounts for a calendar year shall be paid to manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the previous calendar year, to be allocated to each such manufacturer in an amount that bears the same ratio as— (i) the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year (as evidenced by an affidavit provided by the manufacturer that meets the requirements of subsection (c)(2)) used in the manufacturing of men’s and boys’ cotton shirts; bears to (ii) the dollar value (excluding duty, shipping, and related costs) of the fabric described in clause (i) purchased during the previous calendar year by all manufacturers who qualify under this subparagraph. (2) Wool manufacturers From amounts specified in subsection (e)(2)(B), the Secretary shall make payments as follows: (A) To each eligible manufacturer under paragraph (3) of section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 ( Public Law 108–429 Public Law 109–280 Public Law 110–343 (B) To each eligible manufacturer under paragraph (6) of such section 4002(c) for calendar years 2019 through 2023, payments in amounts authorized under that paragraph. (c) Affidavits (1) Yarn Spinners The affidavit required by subsection (b)(1)(B)(i) for a calendar year is a notarized affidavit provided by an officer of a producer of ring spun yarns that affirms— (A) that the producer used pima cotton during the year in which the affidavit is filed and during the previous calendar year to produce ring spun cotton yarns in the United States, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form; (B) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year; and (C) that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year. (2) Shirting Manufacturers (A) In general The affidavit required by subsection (b)(1)(C)(i) for a calendar year is a notarized affidavit provided by an officer of a manufacturer of men’s and boys’ shirts that affirms— (i) that the manufacturer used imported cotton fabric during the year in which the affidavit is filed and during the previous calendar year, to cut and sew men’s and boys’ woven cotton shirts in the United States; (ii) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year; (iii) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and (iv) that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts. (B) Date of purchase For purposes of the affidavit under subparagraph (A), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. (3) Filing date for affidavits Any person required to provide an affidavit under this section shall file the affidavit with the Secretary or as directed by the Secretary for any of calendar years 2019 through 2023, not later than March 15 of that calendar year. (4) Increase in payments to wool manufacturers in case of expiration of duty suspensions (A) In general In any calendar year in which the suspension of duty on wool products described in subparagraphs (B) and (C) is not in effect, the amount of any payment described in subsection (b)(2) to a manufacturer or successor-in-interest shall be increased by an amount the Secretary, after consultation with the Secretary of Commerce, determines is equal to the amount the manufacturer or successor-in-interest would have saved during the calendar year of the payment if the suspension of duty on such wool products were in effect. (B) Special rule for certain fabrics of worsted wool (i) In general With respect to fabrics of worsted wool described in clause (ii), subparagraph (A) shall be applied by substituting rate of duty on such wool products was 10 percent suspension of duty on such wool products were in effect (ii) Fabrics of worsted wool described Fabrics of worsted wool described in this paragraph are fabrics of worsted wool— (I) with average fiber diameters greater than 18.5 micron; and (II) containing 85 percent or more by weight of wool. (C) Covered wool products Subparagraph (A) applies with respect to the following: (i) Yarn, of combed wool, not put up for retail sale, containing 85 percent or more by weight of wool, formed with wool fibers having average diameters of 18.5 micron or less. (ii) Wool fiber, waste, garnetted stock, combed wool, or wool top, the foregoing having average fiber diameters of 18.5 micron or less. (iii) Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys suits, suit-type jackets, or trousers and must be imported for the benefit of persons who cut and sew such clothing in the United States. (iv) Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys suits, suit-type jackets, or trousers and must be imported for the benefit of persons who weave worsted wool fabric suitable for use in such clothing in the United States. (D) No appeal of determinations A determination of the Secretary under this paragraph shall be final and not subject to appeal or protest. (d) Timing for distributions The Secretary shall make a payment under subsection (b) for each of calendar years 2019 through 2023, not later than April 15 of the year of the payment. (e) Funding (1) Transfer required Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Textile Trust Fund $25,250,000 for each of calendar years 2019 through 2023. (2) Allocation of funds Of the funds transferred under paragraph (1) for a calendar year— (A) $8,000,000 shall be available for distribution under subsection (b)(1); (B) $15,000,000 shall be available for distribution under subsection (b)(2); and (C) notwithstanding subsection (f) of section 506 of the Trade and Development Act of 2000 ( 7 U.S.C. 7101 Public Law 106–200 (3) Sheep production and marketing In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out section 209 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627a (4) Duration of availability Amounts transferred to the Textile Trust Fund pursuant to this subsection shall remain available until expended. D United States Grain Standards Act 11401. Restoring certain exceptions to United States Grain Standards Act (a) In general Grain handling facilities described in subsection (b) may, on or before the date that is 180 days after the date of the enactment of this Act, restore a prior exception with an official agency designated under the rule entitled Exceptions to Geographic Areas for Official Agencies Under the USGSA (1) such grain handling facility and official agency agree to restore such prior exception; and (2) such grain handling facility notifies the Secretary of Agriculture of— (A) the exception described in paragraph (1); and (B) the effective date of such exception. (b) Eligible grain handling facilities Subsection (a) shall apply with respect to grain handling facilities that were— (1) granted exceptions pursuant to the rule specified in subsection (a); and (2) had such exceptions revoked on or after September 30, 2015. (c) No unilateral termination allowed Beginning on the date of the enactment of this Act, a nonuse of service exception may only be terminated if two or more parties to such exception, including the grain handling facility, are in joint agreement with respect to such termination. E Noninsured Crop Disaster Assistance Program 11501. Eligible crops Section 196(a)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(a)(2) (A) In general Subject to subparagraph (B), in this section, the term eligible crop 7 U.S.C. 1508 . 11502. Service fee Section 196(k)(1) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(k)(1) (1) in subparagraph (A), by striking $250 $350 (2) in subparagraph (B)— (A) by striking $750 $1,050 (B) by striking $1,875 $2,100 11503. Payments equivalent to additional coverage (a) Premiums Section 196(l)(2)(B)(i) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(l)(2)(B)(i) (1) by striking and (2) by striking or and (3) by adding at the end the following new subclause: (VI) the producer’s share of the crop; or . (b) Additional availability of coverage Section 196(l) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(l) (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Period of availability Paragraph (4) of section 196(l) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(l) (1) by striking Except as provided in paragraph (3)(A), additional Additional (2) by striking 2018 2023 F Other Matters 11601. Under Secretary of Agriculture for Farm Production and Conservation (a) References to former Under Secretary of Agriculture for Farm and Foreign Agricultural Services (1) Food aid consultative group Section 205(b) of the Food for Peace Act ( 7 U.S.C. 1725(b) (2) the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs; . (2) Office of risk management Section 226A(d)(1) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6933(d)(1) Under Secretary of Agriculture for Farm and Foreign Agricultural Services Under Secretary of Agriculture for Farm Production and Conservation (3) Multiagency task force Section 242(b)(3) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6952(b)(3) Under Secretary for Farm and Foreign Agricultural Services Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs (4) 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) Under Secretary for Farm and Foreign Agricultural Services Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs (b) References to other designated department officials (1) Definitions under Consolidated Farm and Rural Development Act Section 343(a)(13)(D) of the Agricultural Act of 1961 ( 7 U.S.C. 1991(a)(13)(D) (A) in clause (ii)— (i) by inserting (or other official designated by the Secretary) Under Secretary for Rural Development (ii) by inserting or designated official Under Secretary (B) in clause (iii)— (i) by inserting (or other official designated by the Secretary) Under Secretary for Rural Development (ii) in subclauses (III) and (IV), by inserting or designated official Under Secretary (2) National sheep industry improvement center Section 210(f)(3)(B)(i) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627b(f)(3)(B)(i) (or other official designated by the Secretary of Agriculture) Under Secretary of Agriculture for Rural Development (3) Intertribal tourism demonstration projects Section 6(a)(2)(A) of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4305(a)(2)(A) (or other official designated by the Secretary of Agriculture) Under Secretary of Agriculture for Rural Development (4) State plans for vocational rehabilitation services Section 101(a)(11)(C) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a)(11)(C) (or other official designated by the Secretary of Agriculture) Under Secretary for Rural Development of the Department of Agriculture 11602. Authority of Secretary to carry out certain programs under Department of Agriculture Reorganization Act of 1994 Section 296(b)(8) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(8) , section 772 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018, or the Agriculture and Nutrition Act of 2018 11603. Conference report requirement threshold Section 14208(a)(3)(A) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2255b(a)(3)(A) $10,000 $75,000 11604. 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. 11605. 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 a report 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 (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. 11606. 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) Virginia and North Carolina Virginia, North Carolina, and South Carolina 11607. Establishment of Food Loss and Waste Reduction Liaison Subtitle A of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6901 222. Food Loss and Waste Reduction Liaison (a) Establishment The Secretary shall establish within the Office of the Secretary a Food Loss and Waste Reduction Liaison to coordinate Federal programs to measure and reduce the incidence of food loss and waste in accordance with this section (b) Duties The Food Loss and Waste Reduction Liaison shall— (1) coordinate food loss and waste reduction efforts with other Federal agencies, including the Environmental Protection Agency and the Food and Drug Administration; (2) support and promote Federal programs to measure and reduce the incidence of food loss and waste and increase food recovery; (3) provide information to, and serve as a resource for, entities engaged in food loss and waste reduction and food recovery concerning the availability of, and eligibility requirements for, participation in Federal programs; (4) raise awareness of the liability protections afforded under the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791 (5) make recommendations with respect to expanding food recovery efforts 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 (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. . 11608. Cotton classification services Section 3a of the Act of March 3, 1927 ( 7 U.S.C. 473a (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Hiring authority Notwithstanding any other provision of law, employees hired to provide cotton classification services pursuant to this section may work up to 240 calendar days in a service year and may be rehired non-competitively every year in the same or a successor position if they meet performance and conduct expectations, as determined by the Secretary. . 11609. 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. 11610. Report on agricultural innovation (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency and the Commissioner of the Food and Drug Administration, shall prepare and submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on plans for improving the Federal government’s policies and procedures with respect to gene editing and other precision plant breeding methods. (b) Content The report under subsection (a) shall include plans to implement measures designed to ensure that— (1) the United States continues to provide a favorable environment for research and development in precision plant breeding innovation and maintains its leadership with respect to that innovation; (2) for plants for which premarket review is required under the Plant Protection Act ( 7 U.S.C. 7701 7 U.S.C. 136 (A) to minimize regulatory burden while assuring protection of public health and welfare; and (B) to ensure that resources of the Department of Agriculture are focused on plants with less familiar characteristics, more complex risk pathways, or both; (3) each agency referred to in subsection (a) recognizes that certain applications of gene editing in plants do not warrant such a premarket review process; (4) each agency referred to in subsection (a) clearly communicates the rationale for the regulatory policies and decisions of such agency to the public through broadly available and easily accessible tools; (5) categories of plants that are familiar and have a history of safe use be identified and exempted from such premarket review or be subject to an expedited, independent premarket review process for which data requirements are reduced; (6) regulatory processes of each agency referred to in subsection (a) are predictable, efficient, not duplicative, and designed to accommodate rapid advances in plant breeding technology; and (7) where Federal law provides for regulatory oversight of plant breeding technology by more than one Federal agency, the relevant Federal agencies enter into appropriate interagency agreements to shift responsibility for particular categories of plant products and regulatory activities for purposes of meeting the goals specified in paragraphs (1) through (6). 11611. Report on dog importation Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Homeland Security, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the following information, with respect to the importation of dogs into the United States: (1) An estimate of the number of dogs so imported each year. (2) The number of dogs so imported for resale. (3) The number of dogs for which such importation for resale was requested but denied because such importation failed to meet the requirements of section 18 of the Animal Welfare Act ( 7 U.S.C. 2148 (4) The Secretary’s recommendations for Federal statutory changes determined to be necessary for such importation for resale to meet the requirements of such section. 11612. Prohibition on slaughter of dogs and cats for human consumption The Animal Welfare Act ( 7 U.S.C. 2131 30. Prohibition of slaughter of dogs and cats for human consumption (a) Prohibition 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) dog or cat parts for human consumption. (b) Penalty Any person who violates this section shall be subject to imprisonment for not more than 1 year, or a fine of not more than $2,500, or both. (c) Scope Subsection (a) shall apply only with respect to conduct in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States. (d) Conflict with State law This section shall not be construed to limit any State or local law or regulations protecting the welfare of animals or to prevent a State or local governing body from adopting and enforcing animal welfare laws and regulations that are more stringent than this section. . G Protecting interstate commerce 11701. Prohibition against interference by State and local governments with production or manufacture of items in other States (a) In general Consistent with article I, section 8, clause 3 of the Constitution of the United States, the government of a State or locality therein shall not impose a standard or condition on the production or manufacture of any agricultural product sold or offered for sale in interstate commerce if— (1) such production or manufacture occurs in another State; and (2) the standard or condition is in addition to the standards and conditions applicable to such production or manufacture pursuant to— (A) Federal law; and (B) the laws of the State and locality in which such production or manufacture occurs. (b) Agricultural product defined In this section, the term agricultural product 7 U.S.C. 1626 11702. Federal cause of action to challenge State regulation of interstate commerce (a) Private right of action A person, including a producer, transporter, distributer, consumer, laborer, trade association, the Federal Government, a State government, or a unit of local government, which is affected by a regulation of a State or unit of local government which regulates any aspect of an agricultural product, including any aspect of the method of production, which is sold in interstate commerce, or any means or instrumentality through which such an agriculture product is sold in interstate commerce, may bring an action in the appropriate court to invalidate such a regulation and seek damages for economic loss resulting from such regulation. (b) Preliminary injunction Upon a motion of the plaintiff, the court shall issue a preliminary injunction to preclude the State or unit of local government from enforcing the regulation at issue until such time as the court enters a final judgment in the case, unless the State or unit of local government proves by clear and convincing evidence that— (1) the State or unit of local government is likely to prevail on the merits at trial; and (2) the injunction would cause irreparable harm to the State or unit of local government. (c) Statute of limitations No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose. May 3, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Agriculture Improvement Act of 2018 This bill (commonly known as the farm bill) reauthorizes through FY2023 and modifies Department of Agriculture programs that address: commodity support, conservation, trade and international food aid, nutrition assistance, farm credit, rural development, research and extension activities, forestry, energy, horticulture, crop insurance, livestock, agriculture and food defense, and historically underserved producers. For more detailed information, see Congressional Research Service Report R45525, The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison.