528 
SEC. 8402. TRIBAL FOREST MANAGEMENT DEMONSTRATION 
PROJECT. 
The Secretary of the Interior and the Secretary of Ag-
riculture may carry out demonstration projects by which 
federally recognized Indian Tribes or Tribal organizations 
may contract to perform administrative, management, and 
other functions of programs of the Tribal Forest Protection 
Act of 2004 (25 U.S.C. 3115a et seq.) through contracts en-
tered into under the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304 et seq.). 
Subtitle E—Other Matters 
SEC. 8501. CLARIFICATION OF RESEARCH AND DEVELOP-
MENT PROGRAM FOR WOOD BUILDING CON-
STRUCTION. 
(a) IN GENERAL.—The Secretary shall conduct per-
formance-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, edu-
cation, and technical assistance that meets measur-
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able performance goals for the achievement of the pri-
orities described in subsection (c); and 
(2) after coordination and collaboration with the 
wood products industry and conservation organiza-
tions, make competitive grants to institutions of high-
er education to conduct research and development, 
education, and technical assistance that meets meas-
urable performance goals for the achievement of the 
priorities described in subsection (c). 
(c) PRIORITIES.—The research and development, edu-
cation, and technical assistance conducted under subsection 
(a) shall give priority to— 
(1) ways to improve the commercialization of in-
novative 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 mate-
rials through the manufacturing process, of tall wood 
building construction; 
(4) analyzing methods to reduce the life cycle en-
vironmental footprint of tall wood building construc-
tion; 
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(5) analyzing the potential implications of the 
use of innovative wood products in building construc-
tion 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 de-
velopment, education, and technical assistance conducted 
under subsection (a) shall be achievable within a 5-year pe-
riod. 
(e) DEFINITIONS.—In this section: 
(1) INNOVATIVE WOOD PRODUCT.—The term ‘‘in-
novative wood product’’ means a type of building 
component or system that uses large panelized wood 
construction, including mass timber. 
(2) MASS TIMBER.—The term ‘‘mass timber’’ in-
cludes— 
(A) cross-laminated timber; 
(B) nail-laminated timber; 
(C) glue-laminated timber; 
(D) laminated strand lumber; and 
(E) laminated veneer lumber. 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the Re-
search and Development deputy area and the State 
and Private Forestry deputy area of the Forest Serv-
ice. 
(4) TALL WOOD BUILDING.—The term ‘‘tall wood 
building’’ means a building designed to be— 
(A) constructed with mass timber; and 
(B) more than 85 feet in height. 
SEC. 
8502. 
UTILITY 
INFRASTRUCTURE 
RIGHTS-OF-WAY 
VEGETATION MANAGEMENT PILOT PROGRAM. 
(a) PILOT PROGRAM REQUIRED.—To encourage own-
ers or operators of rights-of-way on National Forest System 
land to partner with the Forest Service to voluntarily per-
form 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, 
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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 selec-
tive 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, in-
cluding Forest Service fuel models; 
(2) may include thinning, fuel reduction, cre-
ation and treatment of shaded fuel breaks, and other 
measures as appropriate; 
(3) shall only take place adjacent to the partici-
pant’s right-of-way or within 75 feet of the partici-
pant’s right-of-way; 
(4) shall not take place in any designated wil-
derness 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 pro-
gram 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 in-
terest for the Forest Service to contribute funds for a vegeta-
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tion management project conducted under the pilot pro-
gram. 
(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 activi-
ties 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 ap-
proved vegetation management project unless— 
(A) such activities were carried out in a 
manner that was grossly negligent or that vio-
lated criminal law; or 
(B) the damage was caused by the failure of 
the participant to comply with specific safety re-
quirements expressly imposed by the Forest Serv-
ice as a condition of participating in the pilot 
program. 
(f) IMPLEMENTATION.—The Secretary shall utilize ex-
isting laws and regulations in the conduct of the pilot pro-
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gram and, in order to implement the pilot program in an 
efficient and expeditious manner, may waive or modify spe-
cific provisions of the Federal Acquisition Regulation, in-
cluding 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 Serv-
ice 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’’ means land within 
the National Forest System, as defined in section 
11(a) of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1609(a)) ex-
clusive of the National Grasslands and land utiliza-
tion projects designated as National Grasslands ad-
ministered pursuant to the Act of July 22, 1937 (7 
U.S.C. 1010–1012). 
(2) PASSING
WILDFIRE.—The term ‘‘passing 
wildfire’’ means a wildfire that originates outside the 
right-of-way. 
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(3) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 
means a special use authorization issued by the For-
est Service allowing the placement of utility infra-
structure. 
(4) UTILITY INFRASTRUCTURE.—The term ‘‘util-
ity infrastructure’’ means electric transmission lines, 
natural gas infrastructure, or related structures. 
(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, Nu-
trition, and Forestry of the Senate, the Committee on Nat-
ural 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. 
SEC. 8503. REVISION OF EXTRAORDINARY CIRCUMSTANCES 
REGULATIONS. 
(a) DETERMINATIONS
OF
EXTRAORDINARY
CIR-
CUMSTANCES.—In determining whether extraordinary cir-
cumstances related to a proposed action preclude use of a 
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categorical exclusion, the Forest Service shall not be re-
quired 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 Regula-
tions); 
(4) consider a determination under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 1536) 
that a proposed action may affect, but is not likely 
to adversely affect, threatened, endangered, or can-
didate species, or designated critical habitats; or 
(5) consider a determination under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 1536) 
that a proposed action may affect, and is likely to ad-
versely affect threatened, endangered, candidate spe-
cies, or designated critical habitat if the agency is in 
compliance with the applicable provisions of the bio-
logical opinion. 
(b) PROPOSED RULEMAKING.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
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of Agriculture shall publish a notice of proposed rulemaking 
to revise section 220.6(b) of title 36, Code of Federal Regula-
tions to conform such section with subsection (a). 
(c) ADDITIONAL REVISION.—As part of the proposed 
rulemaking described in subsection (b), the Secretary of Ag-
riculture 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 sub-
stantially alter a potential wilderness area as a class of 
actions normally requiring environmental impact state-
ments. 
(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). 
SEC. 8504. NO LOSS OF FUNDS FOR WILDFIRE SUPPRES-
SION. 
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. 
SEC. 8505. TECHNICAL CORRECTIONS. 
(a) WILDFIRE SUPPRESSION FUNDING AND FOREST 
MANAGEMENT ACTIVITIES ACT.— 
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(1) IN
GENERAL.—The Wildfire Suppression 
Funding and Forest Management Activities Act (Pub-
lic Law 115–141) is amended— 
(A) in section 102(a)(2), by striking ‘‘the 
date of enactment’’ and inserting ‘‘the date of the 
enactment’’; and 
(B) in section 401(a)(1), by inserting ‘‘of 
2000’’ after ‘‘Self-Determination Act’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect as if enacted as 
part of the Wildfire Suppression Funding and Forest 
Management Activities Act (Public Law 115–141). 
(b) AGRICULTURAL ACT OF 2014.—Section 8206(a) of 
the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is 
amended— 
(1) in paragraph (3)(B)(i)(II), by striking 
‘‘Good Neighbor Authority Improvement Act’’ and in-
serting ‘‘Wildfire Suppression Funding and Forest 
Management Activities Act’’; and 
(2) in paragraph (7), as redesignated by section 
8331, by striking ‘‘Good Neighbor Authority Improve-
ment Act’’ and inserting ‘‘Wildfire Suppression 
Funding and Forest Management Activities Act’’. 
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TITLE IX—HORTICULTURE 
Subtitle A—Horticulture Marketing 
and Information 
SEC. 9001. SPECIALTY CROPS MARKET NEWS ALLOCATION. 
Section 10107(b) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking 
‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 9002. FARMERS’ MARKET AND LOCAL FOOD PRO-
MOTION PROGRAM. 
Section 6(g) of the Farmer-to-Consumer Direct Mar-
keting Act of 1976 (7 U.S.C. 3005(g)) is amended— 
(1) in paragraph (3), by striking ‘‘this section’’ 
and all that follows through ‘‘2018.’’ and inserting the 
following: ‘‘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), respec-
tively. 
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SEC. 9003. FOOD SAFETY EDUCATION INITIATIVES. 
Section 10105(c) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 7655a(c)) is amended by striking 
‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 9004. SPECIALTY CROP BLOCK GRANTS. 
Section 101 of the Specialty Crops Competitiveness Act 
of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2018’’ and inserting 
‘‘2023’’; and 
(B) by striking ‘‘agriculture solely to en-
hance the competitiveness of specialty crops.’’ 
and inserting the following: ‘‘agriculture to— 
‘‘(1) enhance the competitiveness of specialty 
crops; 
‘‘(2) leverage efforts to market and promote spe-
cialty crops; 
‘‘(3) assist producers with research and develop-
ment; 
‘‘(4) expand availability and access to specialty 
crops; 
‘‘(5) address local, regional, and national chal-
lenges confronting specialty crop producers; and 
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‘‘(6) other priorities as determined by the Sec-
retary in consultation with relevant State depart-
ments of agriculture.’’; 
(2) in subsection (k), by adding at the end the 
following new paragraph: 
‘‘(3) EVALUATION OF PERFORMANCE.—The Sec-
retary shall enter into a cooperative agreement with 
relevant State departments of agriculture and spe-
cialty crop industry stakeholders that agree to— 
‘‘(A) develop, in consultation with the Sec-
retary, 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’’ and inserting ‘‘each of fiscal years 2018 
through 2023’’. 
SEC. 9005. AMENDMENTS TO THE PLANT VARIETY PROTEC-
TION ACT. 
(a) ASEXUALLY
REPRODUCED
DEFINED.—Section 
41(a) of the Plant Variety Protection Act (7 U.S.C. 
2401(a)) is amended— 
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(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 re-
designated, the following new paragraph: 
‘‘(1) 
ASEXUALLY
REPRODUCED.—The 
term 
‘asexually reproduced’ means produced by a method 
of plant propagation using vegetative material (other 
than seed) from a single parent, including cuttings, 
grafting, tissue culture, and propagation by root divi-
sion.’’. 
(b) RIGHT TO PLANT VARIETY PROTECTION; PLANT 
VARIETIES PROTECTABLE.—Section 42(a) of the Plant Va-
riety Protection Act (7 U.S.C. 2402(a)) is amended by 
striking ‘‘or tuber propagated’’ and inserting ‘‘, tuber prop-
agated, or asexually reproduced’’. 
(c) INFRINGEMENT
OF
PLANT
VARIETY
PROTEC-
TION.—Section 111(a)(3) of the Plant Variety Protection 
Act (7 U.S.C. 2541(a)(3)) is amended by inserting ‘‘or 
asexually’’ after ‘‘sexually’’. 
(d) FALSE MARKETING; CEASE
AND DESIST OR-
DERS.—Section 128(a) of the Plant Variety Protection Act 
(7 U.S.C. 2568(a)) is amended, in the matter preceding 
paragraph (1), by inserting ‘‘or asexually’’ after ‘‘sexually’’. 
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SEC. 9006. ORGANIC PROGRAMS. 
(a) ADDITIONAL ACCREDITATION AUTHORITY.—Sec-
tion 2115 of the Organic Foods Production Act of 1990 (7 
U.S.C. 6514) is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) SATELLITE
OFFICES
AND
OVERSEAS
OPER-
ATIONS.—The Secretary— 
‘‘(1) has oversight and approval authority with 
respect to a certifying agent accredited under this sec-
tion who is operating as a certifying agent in a for-
eign country for the purpose of certifying a farm or 
handling operation in such foreign country as a cer-
tified 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 OPER-
ATIONS.—Section 2119(n) of the Organic Foods Production 
Act of 1990 (7 U.S.C. 6518(n)) is amended to read as fol-
lows: 
‘‘(n) PETITIONS.— 
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‘‘(1) IN
GENERAL.—The Board shall establish 
procedures under which persons may petition the 
Board for the purpose of evaluating substances for in-
clusion on the National List. 
‘‘(2) EXPEDITED REVIEW.—The Secretary shall 
develop procedures under which the review of a peti-
tion 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 in-
clusion of a substance on the National List pursuant 
to such paragraph.’’. 
(c) CERTAIN EMPLOYEES ELIGIBLE TO SERVE AS NA-
TIONAL ORGANICS STANDARDS BOARD MEMBERS.—Section 
2119(b) of the Organic Foods Production Act of 1990 (7 
U.S.C. 6518(b)) is amended— 
(1) in paragraph (1), by inserting ‘‘, or employ-
ees of such individuals’’ after ‘‘operation’’; 
(2) in paragraph (2), by inserting ‘‘, or employ-
ees of such individuals’’ after ‘‘operation’’; and 
(3) in paragraph (3), by inserting ‘‘, or an em-
ployee of such individual’’ after ‘‘products’’. 
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(d) NATIONAL ORGANIC STANDARDS BOARD CON-
SULTATION REQUIREMENTS.—Section 2119(l) of the Or-
ganic Foods Production Act of 1990 (7 U.S.C. 6518(l)) is 
amended— 
(1) in paragraph (2), by striking ‘‘; and’’ at the 
end and inserting a semicolon; 
(2) in paragraph (3)— 
(A) by striking ‘‘and the evaluation of the 
technical advisory panel’’ and inserting ‘‘, the 
evaluation of the technical advisory panel, and 
the determinations of the task force required 
under paragraph (4)’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(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)) or the Adminis-
trator of the Environmental Protection Agency has 
determined there is a reasonable certainty that no 
harm will result from aggregate exposure to the pes-
ticide chemical residue, including all anticipated die-
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tary exposures and all other exposures for which there 
is reliable information, convene a task force to consult 
with the Commissioner or Administrator (or the des-
ignees thereof), as applicable, to determine if such 
substance should be included in the National List.’’. 
(e) RECORDKEEPING, INVESTIGATION, AND ENFORCE-
MENT.— 
(1) COLLABORATIVE
INVESTIGATIONS
AND
EN-
FORCEMENT.—Section 2120 of the Organic Foods 
Production Act of 1990 (7 U.S.C. 6519) is amended 
by adding at the end the following new subsection: 
‘‘(d) COLLABORATIVE INVESTIGATIONS AND ENFORCE-
MENT.— 
‘‘(1) INFORMATION SHARING DURING ACTIVE IN-
VESTIGATION.—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 govern-
ment officers and employees and certifying agents in-
volved in the investigation as necessary to fully inves-
tigate and enforce potential violations of this title. 
‘‘(2) ACCESS
TO
DATA
DOCUMENTATION
SYS-
TEMS.—The Secretary shall have access to available 
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data from cross-border documentation systems admin-
istered by other Federal agencies, including— 
‘‘(A) the Automated Commercial Environ-
ment system of U.S. Customs and Border Protec-
tion; 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 pro-
gram under this title, has the authority, and shall 
grant an accredited certifying agent the authority, to 
require producers and handlers to provide additional 
documentation or verification before granting certifi-
cation under section 2104, in the case of a known 
area of risk or when there is a specific area of con-
cern, with respect to meeting the national standards 
for organic production established under section 2105, 
as determined by the Secretary or the certifying 
agent.’’. 
(2) MODIFICATION OF REGULATIONS ON EXCLU-
SIONS FROM CERTIFICATION.—Not later than 1 year 
after the date of the enactment of this Act, the Sec-
retary of Agriculture shall issue regulations to limit 
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548 
the type of operations that are excluded from certifi-
cation under section 205.101 of title 7, Code of Fed-
eral Regulations (or a successor regulation). 
(f) REPORTING REQUIREMENT.—Section 2122 of the 
Organic Foods Production Act of 1990 (7 U.S.C. 6521) is 
amended by adding at the end the following new subsection: 
‘‘(c) REPORTING
REQUIREMENT.—Not later than 
March 1, 2019, and annually thereafter through March 1, 
2023, the Secretary shall submit to Congress a report de-
scribing 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 NA-
TIONAL ORGANIC PROGRAM.—Subsection (b) of section 
2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 
6522) is amended to read as follows: 
‘‘(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; 
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‘‘(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) 
is amended to read as follows: 
‘‘(c) MODERNIZATION AND IMPROVEMENT OF INTER-
NATIONAL TRADE TECHNOLOGY SYSTEMS AND DATA COL-
LECTION.— 
‘‘(1) IN
GENERAL.—The Secretary shall mod-
ernize international trade tracking and data collec-
tion systems of the national organic program. 
‘‘(2) ACTIVITIES.—In carrying out paragraph 
(1), the Secretary shall modernize trade and trans-
action 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 avail-
able $5,000,000 for fiscal year 2019 for the purposes 
of— 
‘‘(A) carrying out this subsection; and 
‘‘(B) maintaining the database and tech-
nology upgrades previously carried out under 
this subsection, as in effect on the day before the 
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date of the enactment of the Agriculture and Nu-
trition Act of 2018. 
‘‘(4) AVAILABILITY.—The amounts made avail-
able 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 INITIA-
TIVES.—Section 7407(d) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended— 
(1) by striking paragraphs (1) and (2) and in-
serting the following new paragraph: 
‘‘(1) MANDATORY
FUNDING
FOR
FISCAL
YEAR 
2019.—Of the funds of the Commodity Credit Corpora-
tion, 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)’’ 
and inserting ‘‘paragraph (1)’’; and 
(B) by striking ‘‘2018’’ and inserting 
‘‘2023’’; and 
(3) by redesignating paragraph (3), as so 
amended, as paragraph (2). 
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Subtitle B—Regulatory Reform 
PART I—STATE LEAD AGENCIES UNDER FEDERAL 
INSECTICIDE, 
FUNGICIDE, 
AND 
RODENTICIDE ACT 
SEC. 9101. RECOGNITION AND ROLE OF STATE LEAD AGEN-
CIES. 
(a) STATE LEAD AGENCY DEFINED.—Section 2(aa) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136(aa)) is amended— 
(1) by striking ‘‘(aa) STATE.—The term’’ and 
inserting the following: 
‘‘(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’ means a statewide department, agency, board, 
bureau, or other entity in a State that is authorized 
to regulate, in a manner consistent with section 
24(a), the sale or use of any federally registered pes-
ticide or device in such State.’’. 
(b) UNIFORM REGULATION OF PESTICIDES.— 
(1) COOPERATION
WITH
AND
ROLE
OF
STATE 
LEAD AGENCY.—Section 22(b) of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 
136t(b)) is amended by inserting before the period at 
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552 
the end the following: ‘‘promulgated by the Adminis-
trator 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)) is amended by inserting after 
‘‘enforcement of this Act,’’ the following: ‘‘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 REGULA-
TION.—Section 24(a) of the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136v(a)) is 
amended by striking ‘‘A State may’’ and inserting ‘‘A 
State, but not a political subdivision of a State, 
may’’. 
(c) ROLE OF STATE LEAD AGENCIES IN PROMULGA-
TION OF REGULATIONS.—Section 25(a)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136w(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence, by inserting ‘‘and 
each State lead agency’’ after ‘‘Agriculture’’; 
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(B) by striking the second sentence and in-
serting 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 regula-
tion) all such comments and the response of the 
Administrator to the comments.’’; and 
(C) in the third sentence, by inserting ‘‘or 
any State lead agency’’ after ‘‘Secretary’’; 
(2) in subparagraph (B)— 
(A) in the first sentence, by inserting ‘‘and 
each State lead agency’’ after ‘‘Agriculture’’; 
(B) by striking the second sentence and in-
serting 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 Adminis-
trator to the comments.’’; and 
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554 
(C) in the third sentence, by inserting ‘‘or 
any State lead agency’’ after ‘‘Secretary’’; and 
(3) in subparagraph (C), by inserting before the 
period at the end the following: ‘‘, in consultation 
with the State lead agencies’’. 
PART II—PESTICIDE REGISTRATION AND USE 
SEC. 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)) is amended— 
(1) by redesignating subparagraphs (A) through 
(D) as clauses (i) through (iv), respectively and mov-
ing the margins of such clauses (as so redesignated) 
2 ems to the right; 
(2) by striking ‘‘REGISTRATION.—The Adminis-
trator’’ and inserting the following: ‘‘REGISTRA-
TION.— 
‘‘(A) IN GENERAL.—The Administrator;’’; 
(3) in clause (iii), as so redesignated, by striking 
‘‘; and’’ at the end and inserting a semicolon; 
(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 re-
designated, by striking ‘‘The Administrator shall not 
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555 
make any lack’’ and all that follows through ‘‘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 prac-
tice it is not likely to jeopardize the sur-
vival of a federally listed threatened or en-
dangered species or directly or indirectly 
alter, in a manner that is likely to appre-
ciably diminish its value, critical habitat 
for both the survival and recovery of such 
species.’’; and 
(7) by adding at the end the following new sub-
paragraphs: 
‘‘(B) PRINCIPLES TO BE APPLIED TO CER-
TAIN 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 direc-
tions 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- 
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556 
tiered probabilistic ecological risk assessments, as 
appropriate. Notwithstanding any other provi-
sion of law, the Administrator shall not be re-
quired to consult or otherwise communicate with 
the Secretary of the Interior and the Secretary of 
Commerce except to the extent specified in sub-
paragraphs (C) and (D). 
‘‘(C) SPECIES INFORMATION AND DATA.— 
‘‘(i) REQUEST.—Not later than 30 
days after the Administrator begins any de-
termination under subparagraph (A)(v) 
with respect to the registration of a pes-
ticide, the Administrator shall request that 
the Secretary of the Interior and the Sec-
retary of Commerce transmit, with respect 
to any federally listed threatened and en-
dangered species involved in such deter-
mination, 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 
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557 
‘‘(II) relevant physical and bio-
logical features of designated critical 
habitat for such species. 
‘‘(ii) TRANSMISSION
OF
DATA.—After 
receiving a request under clause (i), the Sec-
retary of the Interior and the Secretary of 
Commerce shall transmit the information 
described in such clause to the Adminis-
trator on a timely basis, unless the Sec-
retary 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 in-
formation 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 Inte-
rior and the Secretary of Commerce. 
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558 
‘‘(ii) REQUIREMENTS.—With respect to 
a consultation under this subparagraph, the 
Administrator and the Secretary of the In-
terior 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 Endan-
gered Species Act Section 7 Consultation), 
or successor regulations. 
‘‘(E) FAILURE TO CONSULT.— 
‘‘(i) 
NOT
ACTIONABLE.—Notwith-
standing any other provision of law, begin-
ning on the date of the enactment of this 
subparagraph, the failure of the Adminis-
trator to consult with the Secretary of the 
Interior and the Secretary of Commerce, ex-
cept as provided by this section, is not ac-
tionable in any Federal court. 
‘‘(ii) REMEDY.—In any action pending 
in Federal court on the date of the enact-
ment 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 
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559 
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 ingre-
dient consistent with the periodic review of 
registrations established by this section. 
‘‘(F) ESSENTIALITY
AND
EFFICACY.—The 
Administrator shall not make any lack of essen-
tiality a criterion for denying registration of 
any pesticide. Where two pesticides meet the re-
quirements of this paragraph, one should not be 
registered in preference to the other. In consid-
ering an application for the registration of a 
pesticide, the Administrator may waive data re-
quirements pertaining to efficacy, in which event 
the Administrator may register the pesticide 
without determining that the pesticide’s composi-
tion is such as to warrant proposed claims of ef-
ficacy. 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
CIR-
CUMSTANCES.—Section 3(c)(7) of the Federal Insecticide, 
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Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is 
amended— 
(1) in subparagraph (A)— 
(A) by inserting ‘‘and when used in accord-
ance with widespread and commonly recognized 
practice, it is not likely to jeopardize the sur-
vival of a federally listed threatened or endan-
gered species or appreciably diminish the value 
of critical habitat for both the survival and re-
covery of the listed species,’’ after ‘‘or differ only 
in ways that would not significantly increase the 
risk of unreasonable adverse effects on the envi-
ronment,’’; and 
(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’’ before 
‘‘. An applicant seeking conditional registra-
tion’’; and 
(2) in subparagraph (B), by inserting ‘‘and it is 
not likely to jeopardize the survival of a federally list-
ed threatened or endangered species or directly or in-
directly appreciably diminish the value of critical 
habitat for both the survival and recovery of the listed 
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561 
species’’ before ‘‘. Notwithstanding the foregoing pro-
visions’’. 
(c) REGISTRATION REVIEW.—Section 3(g)(1)(A) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136a(g)(1)(A)) is amended by adding at the end the 
following new clause: 
‘‘(vi) ENSURING PROTECTION OF SPECIES 
AND
HABITAT.—The Administrator shall com-
plete the determination required under sub-
section (c)(5)(A)(v) for an active ingredient con-
sistent with the periodic review of registrations 
under clauses (ii) and (iii) in accordance with 
the following schedule: 
‘‘(I) With respect to any active ingre-
dient first registered on or before October 1, 
2007, not later than October 1, 2026. 
‘‘(II) With respect to any active ingre-
dient first registered between October 1, 
2007, and the day before the date of the en-
actment of this clause, not later than Octo-
ber 1, 2033. 
‘‘(III) With respect to any active ingre-
dient first registered on or after the date of 
the enactment of this clause, not later than 
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562 
48 months after the effective date of reg-
istration.’’. 
SEC. 9112. EXPERIMENTAL USE PERMITS. 
Section 5(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136c(a)) is amended by inserting 
‘‘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’’ after 
‘‘section 3 of this Act’’. 
SEC. 9113. ADMINISTRATIVE REVIEW; SUSPENSION. 
Section 6(b) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136d(b)) is amended by inserting 
‘‘or does not meet the criteria specified in section 
3(c)(5)(A)(v)’’ after ‘‘adverse effects on the environment’’. 
SEC. 9114. UNLAWFUL ACTS. 
Section 12 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136j) is amended by adding at 
the end the following new subsection: 
‘‘(c) LAWFUL USE OF PESTICIDE RESULTING IN INCI-
DENTAL TAKING OF CERTAIN SPECIES.—If the Adminis-
trator determines, with respect to a pesticide that is reg-
istered 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 
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563 
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)); or 
‘‘(2) section 9(a)(1)(B) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1538(a)(1)(B)).’’. 
SEC. 9115. AUTHORITY OF STATES. 
Section 24(c) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136v(c)) is amended— 
(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 re-
covery of the listed species’’ before the period at the 
end; and 
(2) by striking paragraph (4). 
SEC. 9116. REGULATIONS. 
Not later than 180 days after the date of the enactment 
of this Act, the Administrator of the Environmental Protec-
tion Agency shall publish, and revise thereafter as appro-
priate, a work plan and processes for completing the deter-
minations required by clause (v) of section 3(c)(5)(A) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 
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564 
U.S.C. 136a(c)(5)(A)), as added by section 9111(a), and 
implementing and enforcing standards of registration con-
sistent with such clause and consistent with registration re-
views and other periodic reviews. 
SEC. 9117. USE OF AUTHORIZED PESTICIDES. 
Section 3(f) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding 
at the end the following: 
‘‘(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 dis-
charge 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, re-
sulting from the application of such pesticide.’’. 
SEC. 9118. DISCHARGES OF PESTICIDES. 
Section 402 of the Federal Water Pollution Control Act 
(33 U.S.C. 1342) is amended by adding at the end the fol-
lowing: 
‘‘(s) DISCHARGES OF PESTICIDES.— 
‘‘(1) NO PERMIT REQUIREMENT.—Except as pro-
vided in paragraph (2), a permit shall not be re-
quired by the Administrator or a State under this Act 
for a discharge from a point source into navigable 
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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, re-
sulting from the application of such pesticide. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following discharges of a pesticide or pes-
ticide residue: 
‘‘(A) A discharge resulting from the appli-
cation 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 oc-
curred but for the violation; or 
‘‘(ii) the amount of pesticide or pes-
ticide residue in the discharge is greater 
than would have occurred without the viola-
tion. 
‘‘(B) Stormwater discharges subject to regu-
lation under subsection (p). 
‘‘(C) The following discharges subject to reg-
ulation under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent. 
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‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
SEC. 9119. ENACTMENT OF PESTICIDE REGISTRATION IM-
PROVEMENT ENHANCEMENT ACT OF 2017. 
H.R. 1029 of the 115th Congress, entitled the ‘‘Pes-
ticide Registration Improvement Enhancement Act of 
2017’’, as passed by the House of Representatives on March 
20, 2017, is hereby enacted into law. 
PART III—AMENDMENTS TO THE PLANT 
PROTECTION ACT 
SEC. 9121. METHYL BROMIDE. 
Section 419 of the Plant Protection Act (7 U.S.C. 
7719) is amended to read as follows: 
‘‘SEC. 419. METHYL BROMIDE. 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), a State, local, or Tribal authority may au-
thorize the use of methyl bromide for a qualified use 
if the authority determines the use is required to re-
spond to an emergency event. The Secretary may au-
thorize such a use if the Secretary determines such a 
use is required to respond to an emergency event. 
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‘‘(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 au-
thorize the use of methyl bromide for a qualified use 
shall submit to the Secretary a notification that con-
tains the information described in subsection (b). 
‘‘(3) OBJECTION.—A State, local, or Tribal au-
thority 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 spec-
ified in such subsection. 
‘‘(b) NOTIFICATION CONTENTS.—A notification sub-
mitted under subsection (a)(2) by a State, local, or Tribal 
authority shall contain— 
‘‘(1) a certification that the State, local, or Trib-
al authority requires the use of methyl bromide to re-
spond 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— 
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568 
‘‘(A) the specific location in which the meth-
yl 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 authoriza-
tion of the use of methyl bromide under such sub-
section by a State, local, or Tribal authority by send-
ing 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 para-
graph (1) if the Secretary determines that— 
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‘‘(A) the notification submitted under sub-
section (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 noti-
fication does not comply with the limitations 
specified in subsection (e). 
‘‘(3) WITHDRAWAL
OF
OBJECTION.—The Sec-
retary shall withdraw an objection under this sub-
section 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 Trib-
al 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 sub-
mitted 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 author-
ize the use of methyl bromide for the qualified use 
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specified in the notification submitted under sub-
section (a)(2). 
‘‘(d) USE
FOR EMERGENCY EVENTS CONSISTENT 
WITH FIFRA.—The production, distribution, sale, ship-
ment, 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 pro-
duction, 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 prod-
uct 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 ag-
gregate amount of methyl bromide allowed pursuant 
to this section for use in the United States in a cal-
endar year shall not exceed the total amount author-
ized by the Parties to the Montreal Protocol pursuant 
to the Montreal Protocol process for critical uses in 
the United States in calendar year 2011. 
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571 
‘‘(f) ENSURING ADEQUATE SUPPLY OF METHYL BRO-
MIDE.—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 bro-
mide 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’ means a situation— 
‘‘(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 
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‘‘(C) that, in light of the specific agricul-
tural, meteorological, or other conditions pre-
sented, requires the use of methyl bromide to con-
trol a pest or disease in such location or facility 
because there are no technically or economically 
feasible alternatives to methyl bromide easily ac-
cessible by an entity referred to in subparagraph 
(B) at the time and location of the event that— 
‘‘(i) are registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136 et seq.) for the intended use 
or pest to be so controlled; and 
‘‘(ii) would adequately control the pest 
or disease presented at such location or fa-
cility. 
‘‘(2) PEST.—The term ‘pest’ has the meaning 
given such term in section 2 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136). 
‘‘(3) QUALIFIED USE.—The term ‘qualified use’ 
means, with respect to methyl bromide, a methyl bro-
mide treatment or application in an amount not to 
exceed the limitations specified in subsection (e) in re-
sponse to an emergency event.’’. 
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573 
PART IV—AMENDMENTS TO OTHER LAWS 
SEC. 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 safe-
ty management of highly hazardous chemicals standard 
under section 1910.119 of title 29, Code of Federal Regula-
tions, promulgated pursuant to section 6 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 655), to 
provide that the definition of the term ‘‘retail facility’’, 
when used with respect to a facility that provides direct 
sales of highly hazardous chemicals to end users or con-
sumers (including farmers or ranchers), means a facility 
that is exempt from such standard because such facility has 
obtained more than half of its income during the most re-
cent 12-month period from such direct sales. 
Subtitle C—Other Matters 
SEC. 9201. REPORT ON REGULATION OF PLANT BIOSTIMU-
LANTS. 
(a) REPORT.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall submit a re-
port to the President and Congress that identifies potential 
regulatory and legislative reforms to ensure the expeditious 
and appropriate review, approval, uniform national label-
ing, and availability of plant biostimulant products to ag-
ricultural producers. 
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(b) CONSULTATION.—The Secretary of Agriculture 
shall prepare the report required by subsection (a) in con-
sultation with the Administrator of the Environmental Pro-
tection Agency, the several States, industry stakeholders, 
and such other stakeholders as the Secretary determines nec-
essary. 
(c) PLANT BIOSTIMULANT DEFINED.—In this section, 
the term ‘‘plant biostimulant’’ means a substance or micro- 
organism that, when applied to seeds, plants, or the 
rhizosphere, stimulates natural processes to enhance or ben-
efit nutrient uptake, nutrient efficiency, tolerance to abiotic 
stress, or crop quality and yield. 
SEC. 9202. PECAN MARKETING ORDERS. 
Section 8e(a) of the Agricultural Adjustment Act, reen-
acted with amendments by the Agricultural Marketing 
Agreement Act of 1937 (7 U.S.C. 608e–1(a)), is amended 
in the first sentence, by inserting ‘‘pecans,’’ after ‘‘wal-
nuts,’’. 
SEC. 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 
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Supplement Facts Labels’’, published in the Federal Reg-
ister by the Department of Agriculture on May 27, 2016 
(81 Fed. Reg. 33742), (providing for updates to the nutri-
tion facts panel on the labeling of packaged food) has on 
consumer perception regarding the ‘‘added sugar’’ statement 
required to be included on such panel by such final rule 
with respect to packaged food in which no sugar is added 
during processing, including pure honey and maple syrup. 
TITLE X—CROP INSURANCE 
SEC. 10001. TREATMENT OF FORAGE AND GRAZING. 
(a) AVAILABILITY OF CATASTROPHIC RISK PROTEC-
TION FOR CROPS AND GRASSES USED FOR GRAZING.—Sec-
tion 508(b)(1) of the Federal Crop Insurance Act (7 U.S.C. 
1508(b)(1)) is amended— 
(1) by striking ‘‘(A) IN GENERAL.—Except as 
provided in subparagraph (B), the’’ and inserting 
‘‘The’’; and 
(2) by striking subparagraph (B). 
(b) LIMITATION ON MULTIPLE BENEFITS FOR SAME 
LOSS.—Section 508(n)(2) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(n)(2)) is amended by inserting before 
the period the following: ‘‘or to coverage described in section 
508D’’. 
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576 
(c) COVERAGE FOR FORAGE AND GRAZING.—The Fed-
eral Crop Insurance Act is amended by inserting after sec-
tion 508C (7 U.S.C. 1508C) the following new section: 
‘‘SEC. 508D. COVERAGE FOR FORAGE AND GRAZING. 
‘‘Notwithstanding section 508A, and in addition to 
any other available coverage, for crops that can be both 
grazed and mechanically harvested on the same acres dur-
ing 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 Cor-
poration.’’. 
SEC. 10002. ADMINISTRATIVE BASIC FEE. 
Section 508(b)(5)(A) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(b)(5)(A)) is amended by striking 
‘‘$300’’ and inserting ‘‘$500’’. 
SEC. 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)) is amended by 
adding at the end the following new subparagraph: 
‘‘(C) INELIGIBLE
CROPS
AND
ACRES.— 
Crops for which the producer has elected under 
section 1117 of the Agriculture and Nutrition 
Act of 2018 to receive agriculture risk coverage 
and acres that are enrolled in the stacked income 
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577 
protection plan under section 508B shall not be 
eligible for— 
‘‘(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)) is amended— 
(1) by striking clause (iv); and 
(2) by redesignating clause (v) as clause (iv). 
SEC. 10004. REPEAL OF UNUSED AUTHORITY. 
(a) IN GENERAL.—Section 508(d) of the Federal Crop 
Insurance Act (7 U.S.C. 1508(d)) is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraph (4) as para-
graph (3). 
(b) 
CONFORMING
AMENDMENTS.—Section 
508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 
1508(a)(9)(B)) is amended— 
(1) in clause (i), by inserting ‘‘or’’ after the 
semicolon; 
(2) by striking clause (ii); and 
(3) by redesignating clause (iii) as clause (ii). 
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578 
SEC. 10005. CONTINUED AUTHORITY. 
Section 508(g) of the Federal Crop Insurance Act (7 
U.S.C. 1508(g)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6) CONTINUED AUTHORITY.— 
‘‘(A) IN GENERAL.—The Corporation shall 
establish— 
‘‘(i) underwriting rules that limit the 
decrease in the actual production history of 
a producer, at the election of the producer, 
to not more than 10 percent of the actual 
production history of the previous crop 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 car-
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rying out of any provision of this Act as the Act 
was carried out for the 2018 reinsurance year.’’. 
SEC. 10006. PROGRAM ADMINISTRATION. 
Section 516(b)(2)(C)(i) of the Federal Crop Insurance 
Act (7 U.S.C. 1516(b)(2)(C)(i)) is amended by striking 
‘‘$9,000,000’’ and inserting ‘‘$7,000,000’’. 
SEC. 10007. MAINTENANCE OF POLICIES. 
(a) Section 522(b) of the Federal Crop Insurance Act 
(7 U.S.C. 1522(b)) is amended— 
(1) in paragraph (1), by amending subpara-
graph (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 reason-
able and actual research and development 
costs directly related to the policy if the pol-
icy is approved by the Board for sale to 
producers. 
‘‘(ii) REASONABLE
COSTS.—For the 
purpose of reimbursing research and devel-
opment and maintenance costs under this 
section, costs of the applicant shall be con-
sidered reasonable and actual costs if the 
costs are based on— 
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‘‘(I) wage rates equal to 2 times 
the hourly wage rate plus benefits, as 
provided by the Bureau of Labor Sta-
tistics for the year in which such costs 
are incurred, calculated using the for-
mula applied to an applicant by the 
Corporation in reviewing proposed 
project budgets under this section on 
October 1, 2016; or 
‘‘(II) actual documented costs in-
curred by the applicant.’’; and 
(2) in paragraph (4)— 
(A) in subparagraph (C), by striking ‘‘ap-
proved insurance provider’’ and inserting ‘‘ap-
plicant’’; and 
(B) in subparagraph (D)— 
(i) in clause (i), by striking ‘‘deter-
mined by the approved insurance provider’’ 
and inserting ‘‘determined by the appli-
cant’’; 
(ii) by striking clause (ii) and insert-
ing 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 
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Board determines, based on substantial evi-
dence in the record, that the amount of the 
fee unnecessarily inhibits the use of the pol-
icy. 
‘‘(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 poli-
cies 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 reim-
bursement request under paragraph (1) of section 
522(b) of the Federal Crop Insurance Act (7 U.S.C. 
1522(b)) during the period between October 1, 2016 
and the date of the enactment of this Act shall be 
given an opportunity to resubmit such request. 
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582 
SEC. 10008. RESEARCH AND DEVELOPMENT PRIORITIES. 
(a) REPEAL OF CERTAIN RESEARCH AND DEVELOP-
MENT ACTIVITIES.—Section 522(c) of the Federal Crop In-
surance Act (7 U.S.C. 1522(c)) is amended— 
(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 FARM-
ERS AND RANCHERS.—Paragraph (7) of section 522(c) of 
the Federal Crop Insurance Act (7 U.S.C. 1522(c)), as re-
designated by subsection (a), is amended by adding at the 
end the following new subparagraph: 
‘‘(E) BEGINNING
FARMER
OR
RANCHER
DE-
FINED.—Notwithstanding section 502(b)(3), with re-
spect to plans described under this paragraph, the 
term ‘beginning farmer or rancher’ means a farmer 
or rancher who has not actively operated and man-
aged a farm or ranch with a bona fide insurable in-
terest in a crop or livestock as an owner-operator, 
landlord, tenant, or sharecropper for more than 10 
crop years.’’. 
(c) RESEARCH AND DEVELOPMENT PRIORITIES.—Sec-
tion 522(c) of the Federal Crop Insurance Act (7 U.S.C. 
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1522(c)) as amended by subsection (a), is further amended 
by adding at the end the following new paragraphs: 
‘‘(9) TROPICAL STORM OR HURRICANE INSUR-
ANCE.— 
‘‘(A) IN GENERAL.—The Corporation shall 
offer to enter into 1 or more contracts with 
qualified entities to carry out research and devel-
opment regarding a policy to insure crops, in-
cluding tomatoes, peppers, and citrus, against 
losses due to a tropical storm or hurricane. 
‘‘(B) RESEARCH AND DEVELOPMENT.—Re-
search and development with respect to the pol-
icy required under subparagraph (A) shall— 
‘‘(i) evaluate the effectiveness of a risk 
management tool for a low frequency, cata-
strophic 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 devel-
opment 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 
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and yield associated with the installation of a sub-
surface irrigation system. 
‘‘(11) STUDY AND REPORT ON GRAIN SORGHUM 
RATES AND YIELDS.— 
‘‘(A) STUDY.—The Corporation shall con-
tract 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 Cor-
poration shall submit to the Committee on Agri-
culture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and For-
estry of the Senate a report that describes the re-
sults 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 en-
tity to conduct research and development regard-
ing the establishment of an alternative method of 
adjusting for quality losses that does not impact 
the average production history of producers. 
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‘‘(B) 
REQUIREMENTS.—Notwithstanding 
subsections (g) and (m) of section 508, if the 
Corporation uses any method developed as a re-
sult 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.’’. 
SEC. 10009. EXTENSION OF FUNDING FOR RESEARCH AND 
DEVELOPMENT. 
Section 522 of the Federal Crop Insurance Act (7 
U.S.C. 1522) is amended— 
(1) by striking subsection (d); 
(2) in subsection (e)(2)(A)— 
(A) by striking ‘‘under subsections (c) and 
(d)’’ and inserting ‘‘under subsection (c)’’ ; and 
(B) by striking ‘‘not more than $12,500,000 
for fiscal year 2008 and each subsequent fiscal 
year.’’ and inserting the following: ‘‘not more 
than— 
‘‘(i) $12,500,000 for fiscal year 2008 
through 2018; and’’; and 
(C) by adding at the end the following: 
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586 
‘‘(ii) $8,000,000 for fiscal year 2019 
and each fiscal year thereafter.’’; and 
(3) by redesignating subsection (e), as so amend-
ed, as subsection (d). 
SEC. 10010. EDUCATION AND RISK MANAGEMENT ASSIST-
ANCE. 
Section 524 of the Federal Crop Insurance Act (7 
U.S.C. 1524) is amended to read as follows: 
‘‘SEC. 524. EDUCATION AND RISK MANAGEMENT ASSIST-
ANCE. 
‘‘(a) 
EDUCATION
ASSISTANCE.—Subject 
to 
the 
amounts made available under subsection (d), the Sec-
retary, acting through the National Institute of Food and 
Agriculture, shall carry out the program established under 
subsection (b). 
‘‘(b) PARTNERSHIPS FOR RISK MANAGEMENT EDU-
CATION.— 
‘‘(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 (in-
cluding land-grant colleges, cooperative extension 
services, and colleges or universities), as determined 
by the Secretary, for the purpose of educating agricul-
tural producers about the full range of risk manage-
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587 
ment activities, including futures, options, agricul-
tural trade options, crop insurance, cash forward con-
tracting, 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 Sec-
retary 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 admin-
istrative 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; 
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‘‘(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 partner-
ships for risk management education program established 
under subsection (b) $5,000,000 for fiscal year 2018 and 
each subsequent fiscal year.’’. 
TITLE XI—MISCELLANEOUS 
Subtitle A—Livestock 
SEC. 11101. ANIMAL DISEASE PREPAREDNESS AND RE-
SPONSE. 
(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) the following new section: 
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‘‘SEC. 10409B. NATIONAL ANIMAL DISEASE PREPAREDNESS 
AND RESPONSE PROGRAM. 
‘‘(a) PROGRAM REQUIRED.—The Secretary shall estab-
lish a program, to be known as the ‘National Animal Dis-
ease Preparedness and Response Program’, to address the 
increasing risk of the introduction and spread of animal 
pests and diseases affecting the economic interests of the 
livestock and related industries of the United States, includ-
ing the maintenance and expansion of export markets. 
‘‘(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 se-
lected by the Secretary, which may include any of the fol-
lowing 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 sec-
tion 1404 of the National Agricultural Research, Ex-
tension, 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. 
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‘‘(5) A State or national livestock producer orga-
nization with direct and significant economic interest 
in livestock production. 
‘‘(6) A State emergency agency. 
‘‘(7) A State, national, allied, or regional veteri-
nary 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 Assist-
ance 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 activi-
ties at vulnerable points in the safeguarding con-
tinuum. 
‘‘(D) Enhancing and strengthening threat 
identification and technology. 
‘‘(E) Improving biosecurity. 
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as may be transferred to the Textile Trust Fund pursuant 
to subsection (e), and to be used for the purposes of— 
(1) reducing the injury to domestic manufactur-
ers 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 manufactur-
ers 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 an-
nually, beginning in calendar year 2019, for each of cal-
endar years 2019 through 2023 as follows: 
(1) PIMA COTTON.—From amounts specified in 
subsection (e)(2)(A), the Secretary shall make pay-
ments as follows: 
(A) Twenty-five percent of such amounts for 
a calendar year shall be paid to one or more na-
tionally 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 
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