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pdfPUBLIC LAW 115–334—DEC. 20, 2018
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AGRICULTURE IMPROVEMENT ACT OF 2018
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PUBL334
132 STAT. 4490
PUBLIC LAW 115–334—DEC. 20, 2018
Public Law 115–334
115th Congress
An Act
Dec. 20, 2018
[H.R. 2]
Agriculture
Improvement Act
of 2018.
7 USC 9001 note.
To provide for the reform and continuation of agricultural and other programs
of the Department of Agriculture through fiscal year 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Agriculture
Improvement Act of 2018’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—COMMODITIES
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1101.
1102.
1103.
1104.
1105.
1106.
1107.
1108.
Subtitle A—Commodity Policy
Definition of effective reference price.
Base acres.
Payment yields.
Payment acres.
Producer election.
Price loss coverage.
Agriculture risk coverage.
Repeal of transition assistance for producers of upland cotton.
Sec.
Sec.
Sec.
Sec.
Sec.
1201.
1202.
1203.
1204.
1205.
Subtitle B—Marketing Loans
Extensions.
Loan rates for nonrecourse marketing assistance loans.
Economic adjustment assistance for textile mills.
Special competitive provisions for extra long staple cotton.
Availability of recourse loans.
Subtitle C—Sugar
Sec. 1301. Sugar policy.
Sec.
Sec.
Sec.
Sec.
Subtitle D—Dairy Margin Coverage and Other Dairy Related Provisions
1401. Dairy margin coverage.
1402. Reauthorizations.
1403. Class I skim milk price.
1404. Dairy product donation.
Subtitle E—Supplemental Agricultural Disaster Assistance
Sec. 1501. Supplemental agricultural disaster assistance.
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Subtitle F—Noninsured Crop Assistance
Sec. 1601. Noninsured crop assistance program.
Subtitle G—Administration
Sec. 1701. Regulations.
Sec. 1702. Suspension of permanent price support authority.
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PUBLIC LAW 115–334—DEC. 20, 2018
Sec.
Sec.
Sec.
Sec.
Sec.
1703.
1704.
1705.
1706.
1707.
132 STAT. 4491
Payment limitations.
Adjusted gross income limitations.
Farm Service Agency accountability.
Implementation.
Exemption from certain reporting requirements for certain producers.
TITLE II—CONSERVATION
Subtitle A—Wetland Conservation
Sec. 2101. Wetland conversion.
Sec. 2102. Wetland conservation.
Sec. 2103. Mitigation banking.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2401.
2402.
2403.
2404.
2405.
2406.
2407.
2408.
2409.
2410.
Subtitle D—Other Conservation Programs
Watershed protection and flood prevention.
Soil and water resources conservation.
Emergency conservation program.
Conservation of private grazing land.
Grassroots source water protection program.
Voluntary public access and habitat incentive program.
Wildlife management.
Feral swine eradication and control pilot program.
Report on small wetlands.
Sense of Congress relating to increased watershed-based collaboration.
Sec.
Sec.
Sec.
Sec.
2501.
2502.
2503.
2504.
Subtitle E—Funding and Administration
Commodity Credit Corporation.
Delivery of technical assistance.
Administrative requirements for conservation programs.
Temporary administration of conservation programs.
Sec.
Sec.
Sec.
Sec.
Sec.
2601.
2602.
2603.
2604.
2605.
Subtitle F—Agricultural Conservation Easement Program
Establishment and purposes.
Definitions.
Agricultural land easements.
Wetland reserve easements.
Administration.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2701.
2702.
2703.
2704.
2705.
2706.
Subtitle G—Regional Conservation Partnership Program
Establishment and purposes.
Definitions.
Regional conservation partnerships.
Assistance to producers.
Funding.
Administration.
Sec.
Sec.
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Subtitle B—Conservation Reserve Program
Conservation reserve.
Conservation reserve enhancement program.
Farmable wetland program.
Pilot programs.
Duties of owners and operators.
Duties of the Secretary.
Payments.
Contracts.
Eligible land; State law requirements.
Subtitle C—Environmental Quality Incentives Program and Conservation
Stewardship Program
2301. Repeal of conservation programs.
2302. Purposes of environmental quality incentives program.
2303. Definitions under environmental quality incentives program.
2304. Establishment and administration of environmental quality incentives
program.
2305. Environmental quality incentives program plan.
2306. Limitation on payments under environmental quality incentives program.
2307. Conservation innovation grants and payments.
2308. Conservation stewardship program.
2309. Grassland conservation initiative.
Sec.
Sec.
Sec.
Sec.
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2202.
2203.
2204.
2205.
2206.
2207.
2208.
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132 STAT. 4492
PUBLIC LAW 115–334—DEC. 20, 2018
Sec. 2707. Critical conservation areas.
Subtitle H—Repeals and Technical Amendments
PART I—REPEALS
Repeal of Conservation Corridor Demonstration Program.
Repeal of cranberry acreage reserve program.
Repeal of National Natural Resources Foundation.
Repeal of flood risk reduction.
Repeal of study of land use for expiring contracts and extension of authority.
Sec. 2816. Repeal of Integrated Farm Management Program Option.
Sec. 2817. Repeal of clarification of definition of agricultural lands.
Sec.
Sec.
Sec.
Sec.
Sec.
2811.
2812.
2813.
2814.
2815.
PART II—TECHNICAL AMENDMENTS
Sec. 2821. Technical amendments.
Sec. 2822. State technical committees.
TITLE III—TRADE
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3101.
3102.
3103.
3104.
3105.
3106.
3107.
3108.
Sec. 3109.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3110.
3111.
3112.
3113.
3114.
3115.
3116.
Subtitle A—Food for Peace Act
Labeling requirements.
Food aid quality assurance.
Local sale and barter of commodities.
Minimum levels of assistance.
Food aid consultative group.
Issuance of regulations.
Oversight, monitoring, and evaluation.
Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.
Consideration of impact of provision of agricultural commodities and
other assistance on local farmers and economy.
Allowance for distribution costs.
Prepositioning of agricultural commodities.
Annual report regarding food aid programs and activities.
Deadline for agreements to finance sales or to provide other assistance.
Minimum level of nonemergency food assistance.
Termination date for micronutrient fortification programs.
John Ogonowski and Doug Bereuter Farmer-to-Farmer program.
Subtitle B—Agricultural Trade Act of 1978
Sec. 3201. Agricultural trade promotion and facilitation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3301.
3302.
3303.
3304.
3305.
3306.
Sec. 3307.
Sec. 3308.
Sec. 3309.
Sec. 3310.
Sec. 3311.
Sec. 3312.
Subtitle C—Other Agricultural Trade Laws
Growing American Food Exports.
Food for Progress Act of 1985.
Bill Emerson Humanitarian Trust Act.
Promotion of agricultural exports to emerging markets.
Cochran fellowship program.
Borlaug International Agricultural Science and Technology Fellowship
program.
International Agricultural Education Fellowship program.
International food security technical assistance.
McGovern-Dole International Food for Education and Child Nutrition
program.
Global Crop Diversity Trust.
Local and regional food aid procurement projects.
Foreign trade missions.
TITLE IV—NUTRITION
Subtitle A—Supplemental Nutrition Assistance Program
Requirements for online acceptance of benefits.
Re-evaluation of thrifty food plan.
Food distribution program on Indian reservations.
Simplified homeless housing costs.
Employment and training for supplemental nutrition assistance program.
Sec. 4006. Improvements to electronic benefit transfer system.
Sec. 4007. Review of supplemental nutrition assistance program operations.
Sec. 4008. Retail incentives.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4493
Sec.
Sec.
Sec.
Sec.
4009.
4010.
4011.
4012.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4013.
4014.
4015.
4016.
4017.
4018.
4019.
4020.
4021.
4022.
Required action on data match information.
Incentivizing technology modernization.
Interstate data matching to prevent multiple issuances.
Requirement of live-production environments for certain pilot projects
relating to cost sharing for computerization.
Quality control improvements.
Evaluation of child support enforcement cooperation requirements.
Longitudinal data for research.
Authorization of appropriations.
Assistance for community food projects.
Emergency food assistance program.
Nutrition education.
Retail food store and recipient trafficking.
Public-private partnerships.
Technical corrections.
Sec.
Sec.
Sec.
Sec.
4101.
4102.
4103.
4104.
Subtitle B—Commodity Distribution Programs
Commodity distribution program.
Commodity supplemental food program.
Distribution of surplus commodities to special nutrition projects.
Food donation standards.
Subtitle C—Miscellaneous
Sec. 4201. Seniors farmers’ market nutrition program.
Sec. 4202. Purchase of fresh fruits and vegetables for distribution to schools and
service institutions.
Sec. 4203. Service of traditional foods in public facilities.
Sec. 4204. Healthy food financing initiative.
Sec. 4205. The Gus Schumacher nutrition incentive program.
Sec. 4206. Micro-grants for food security.
Sec. 4207. Buy American requirements.
Sec. 4208. Healthy fluid milk incentives projects.
TITLE V—CREDIT
Sec. 5101.
Sec. 5102.
Sec. 5103.
Sec. 5104.
Subtitle A—Farm Ownership Loans
Modification of the 3-year experience eligibility requirement for farm
ownership loans.
Conservation loan and loan guarantee program.
Limitations on amount of farm ownership loans.
Relending program to resolve ownership and succession on farmland.
Subtitle B—Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Microloans.
Sec. 5203. Cooperative lending pilot projects.
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Subtitle C—Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts pilot
program.
Sec. 5302. Loan authorization levels.
Sec. 5303. Loan fund set-asides.
Sec. 5304. Use of additional funds for direct operating microloans under certain
conditions.
Sec. 5305. Equitable relief.
Sec. 5306. Socially disadvantaged farmers and ranchers; qualified beginning farmers and ranchers.
Sec. 5307. Emergency loan eligibility.
Subtitle D—Miscellaneous
Sec. 5401. Technical corrections to the Consolidated Farm and Rural Development
Act.
Sec. 5402. State agricultural mediation programs.
Sec. 5403. Compensation of bank directors.
Sec. 5404. Sharing of privileged and confidential information.
Sec. 5405. Facility headquarters.
Sec. 5406. Removal and prohibition authority; industry-wide prohibition.
Sec. 5407. Jurisdiction over institution-affiliated parties.
Sec. 5408. Definition of institution-affiliated party.
Sec. 5409. Prohibition on use of funds.
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132 STAT. 4494
PUBLIC LAW 115–334—DEC. 20, 2018
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
5410.
5411.
5412.
5413.
5414.
5415.
Expansion of acreage exception to loan amount limitation.
Repeal of obsolete provisions; technical corrections.
Corporation as conservator or receiver; certain other powers.
Reporting.
Study on loan risk.
GAO report on ability of the Farm Credit System to meet the agricultural credit needs of Indian tribes and their members.
Sec. 5416. GAO report on credit service to socially disadvantaged farmers and
ranchers.
TITLE VI—RURAL DEVELOPMENT
Subtitle A—Improving Health Outcomes in Rural America
Sec. 6101. Combating substance use disorder in rural America; prioritizations.
Sec. 6102. Distance learning and telemedicine.
Sec. 6103. Refinancing of certain rural hospital debt.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle B—Connecting Rural Americans to High Speed Broadband
6201. Access to broadband telecommunications services in rural areas.
6202. Expansion of middle mile infrastructure into rural areas.
6203. Modifications to the Rural Gigabit Program.
6204. Community Connect Grant Program.
6205. Outdated broadband systems.
6206. Default and deobligation; deferral.
6207. Public notice, assessments, and reporting requirements.
6208. Environmental reviews.
6209. Use of loan proceeds to refinance loans for deployment of broadband
service.
6210. Smart utility authority for broadband.
6211. Refinancing of telephone loans.
6212. Federal broadband program coordination.
6213. Transition rule.
6214. Rural broadband integration working group.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
6301.
6302.
6303.
6304.
6305.
6306.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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Subtitle C—Miscellaneous
Exclusion of certain populations from definition of rural area.
Establishment of technical assistance program.
Rural energy savings program.
Northern Border Regional Commission reauthorization.
Definition of rural area for purposes of the Housing Act of 1949.
Council on Rural Community Innovation and Economic Development.
Subtitle D—Additional Amendments to the Consolidated Farm and Rural
Development Act
6401. Strategic economic and community development.
6402. Expanding access to credit for rural communities.
6403. Water, waste disposal, and wastewater facility grants.
6404. Rural water and wastewater technical assistance and training programs.
6405. Rural water and wastewater circuit rider program.
6406. Tribal college and university essential community facilities.
6407. Emergency and imminent community water assistance grant program.
6408. Water systems for rural and native villages in Alaska.
6409. Rural decentralized water systems.
6410. Solid waste management grants.
6411. Rural business development grants.
6412. Rural cooperative development grants.
6413. Locally or regionally produced agricultural food products.
6414. Appropriate technology transfer for rural areas program.
6415. Rural economic area partnership zones.
6416. Intemediary relending program.
6417. Access to information to verify income for participants in certain rural
housing programs.
6418. Providing for additional fees for guaranteed loans under the Consolidated Farm and Rural Development Act.
6419. Rural Business-Cooperative Service programs technical assistance and
training.
6420. National Rural Development Partnership.
6421. Grants for NOAA weather radio transmitters.
6422. Rural microentrepreneur assistance program.
6423. Health care services.
6424. Rural innovation stronger economy grant program.
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Sec. 6425. Delta Regional Authority.
Sec. 6426. Rural business investment program.
Sec. 6427. Rural business investment program.
Subtitle E—Additional Amendments to the Rural Electrification Act of 1936
6501. Amendments to section 2 of the Rural Electrification Act of 1936.
6502. Loans for telephone service.
6503. Cushion of credit payments program.
6504. Extension of the rural economic development loan and grant program.
6505. Guarantees for bonds and notes issued for electrification or telephone
purposes.
Sec. 6506. Expansion of 911 access.
Sec. 6507. Cybersecurity and grid security improvements.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle F—Program Repeals
Sec. 6601. Elimination of unfunded programs.
Sec. 6602. Repeal of Rural Telephone Bank.
Sec. 6603. Amendments to LOCAL TV Act.
Subtitle G—Technical Corrections
Sec. 6701. Corrections relating to the Consolidated Farm and Rural Development
Act.
Sec. 6702. Corrections relating to the Rural Electrification Act of 1936.
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TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of
1977
Sec. 7101. Purposes of agricultural research, extension, and education.
Sec. 7102. Matters related to certain school designations and declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and Economics
Advisory Board.
Sec. 7104. Specialty crop committee.
Sec. 7105. Renewable energy committee discontinued.
Sec. 7106. Veterinary services grant program.
Sec. 7107. Grants and fellowships for food and agriculture sciences education.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions.
Sec. 7110. Next generation agriculture technology challenge.
Sec. 7111. Land-grant designation.
Sec. 7112. Nutrition education program.
Sec. 7113. Continuing animal health and disease research programs.
Sec. 7114. Carryover of funds for extension at 1890 land-grant colleges, including
Tuskegee University.
Sec. 7115. Extension and agricultural research at 1890 land-grant colleges, including Tuskegee University.
Sec. 7116. Reports on disbursement of funds for agricultural research and extension at 1862 and 1890 land-grant colleges, including Tuskegee University.
Sec. 7117. Scholarships for students at 1890 institutions.
Sec. 7118. Grants to upgrade agricultural and food sciences facilities at 1890 landgrant colleges, including Tuskegee University.
Sec. 7119. Grants to upgrade agriculture and food sciences facilities and equipment
at insular area land-grant institutions.
Sec. 7120. New Beginning for Tribal Students.
Sec. 7121. Hispanic-serving institutions.
Sec. 7122. Binational agricultural research and development.
Sec. 7123. Partnerships to build capacity in international agricultural research, extension, and teaching.
Sec. 7124. Competitive grants for international agricultural science and education
programs.
Sec. 7125. Limitation on indirect costs for agricultural research, education, and extension programs.
Sec. 7126. Research equipment grants.
Sec. 7127. University research.
Sec. 7128. Extension service.
Sec. 7129. Supplemental and alternative crops; hemp.
Sec. 7130. New Era Rural Technology program.
Sec. 7131. Capacity building grants for NLGCA Institutions.
Sec. 7132. Agriculture advanced research and development authority pilot.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
7133.
7134.
7135.
7136.
Aquaculture assistance programs.
Rangeland research programs.
Special authorization for biosecurity planning and response.
Distance education and resident instruction grants program for insular
area institutions of higher education.
Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990
7201. Best utilization of biological applications.
7202. Integrated management systems.
7203. Sustainable agriculture technology development and transfer program.
7204. National training program.
7205. National strategic germplasm and cultivar collection assessment and utilization plan.
7206. National Genetics Resources Program.
7207. National Agricultural Weather Information System.
7208. Agricultural genome to phenome initiative.
7209. High-priority research and extension initiatives.
7210. Organic agriculture research and extension initiative.
7211. Farm business management.
7212. Urban, indoor, and other emerging agricultural production research,
education, and extension initiative.
7213. Centers of excellence at 1890 Institutions.
7214. Clarification of veteran eligibility for assistive technology program for
farmers with disabilities.
7215. National Rural Information Center Clearinghouse.
Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998
Sec. 7301. National food safety training, education, extension, outreach, and technical assistance program.
Sec. 7302. Integrated research, education, and extension competitive grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley
caused by Fusarium graminearum or by Tilletia indica.
Sec. 7304. Grants for youth organizations.
Sec. 7305. Specialty crop research initiative.
Sec. 7306. Food Animal Residue Avoidance Database program.
Sec. 7307. Office of Pest Management Policy.
Sec. 7308. Forestry products advanced utilization research.
Subtitle D—Food, Conservation, and Energy Act of 2008
PART I—AGRICULTURAL SECURITY
Sec. 7401. Agricultural biosecurity communication center.
Sec. 7402. Assistance to build local capacity in agricultural biosecurity planning,
preparation, and response.
Sec. 7403. Research and development of agricultural countermeasures.
Sec. 7404. Agricultural biosecurity grant program.
PART II—MISCELLANEOUS
Sec.
Sec.
Sec.
Sec.
7411.
7412.
7413.
7414.
Grazinglands research laboratory.
Farm and Ranch Stress Assistance Network.
Natural products research program.
Sun grant program.
Subtitle E—Amendments to Other Laws
Critical Agricultural Materials Act.
Equity in Educational Land-Grant Status Act of 1994.
Research Facilities Act.
Agriculture and Food Research Initiative.
Extension design and demonstration initiative.
Repeal of review of agricultural research service.
Biomass research and development.
Reinstatement of matching requirement for Federal funds used in extension work at the University of the District of Columbia.
Sec. 7509. Renewable Resources Extension Act of 1978.
Sec. 7510. National Aquaculture Act of 1980.
Sec. 7511. Federal agriculture research facilities.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
7501.
7502.
7503.
7504.
7505.
7506.
7507.
7508.
Subtitle F—Other Matters
Sec. 7601. Enhanced use lease authority program.
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Sec. 7602. Transfer of administrative jurisdiction over portion of Henry A. Wallace
Beltsville Agricultural Research Center, Beltsville, Maryland.
Sec. 7603. Foundation for food and agriculture research.
Sec. 7604. Assistance for forestry research under the McIntire-Stennis Cooperative
Forestry Act.
Sec. 7605. Legitimacy of industrial hemp research.
Sec. 7606. Collection of data relating to barley area planted and harvested.
Sec. 7607. Collection of data relating to the size and location of dairy farms.
Sec. 7608. Agriculture innovation center demonstration program.
Sec. 7609. Smith-Lever community extension program.
Sec. 7610. Mechanization and automation for specialty crops.
Sec. 7611. Experienced services program.
Sec. 7612. Simplified plan of work.
Sec. 7613. Review of land-grant time and effort reporting requirements.
Sec. 7614. Matching funds requirement.
TITLE VIII—FORESTRY
Subtitle A—Cooperative Forestry Assistance Act of 1978
Sec. 8101. Support for State assessments and strategies for forest resources.
Sec. 8102. State and private forest landscape-scale restoration program.
Subtitle B—Forest and Rangeland Renewable Resources Research Act of 1978
Sec. 8201. Repeal of recycling research.
Sec. 8202. Repeal of forestry student grant program.
Subtitle C—Global Climate Change Prevention Act of 1990
Sec. 8301. Repeals relating to biomass.
Subtitle D—Healthy Forests Restoration Act of 2003
Sec. 8401. Promoting cross-boundary wildfire mitigation.
Sec. 8402. Authorization of appropriations for hazardous fuel reduction on Federal
land.
Sec. 8403. Repeal of biomass commercial utilization grant program.
Sec. 8404. Water Source Protection Program.
Sec. 8405. Watershed Condition Framework.
Sec. 8406. Authorization of appropriations to combat insect infestations and related
diseases.
Sec. 8407. Healthy Forests Restoration Act of 2003 amendments.
Sec. 8408. Authorization of appropriations for designation of treatment areas.
Sec.
Sec.
Sec.
Sec.
Subtitle E—Repeal or Reauthorization of Miscellaneous Forestry Programs
8501. Repeal of revision of strategic plan for forest inventory and analysis.
8502. Semiarid agroforestry research center.
8503. National Forest Foundation Act.
8504. Conveyance of Forest Service administrative sites.
Subtitle F—Forest Management
Sec. 8601. Definition of National Forest System.
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PART I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL
EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer habitat.
PART II—MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
Sec. 8621. Additional authority for sale or exchange of small parcels of National
Forest System land.
Sec. 8622. Forest Service participation in ACES program.
Sec. 8623. Authorization for lease of Forest Service sites.
Sec. 8624. Good neighbor authority.
Sec. 8625. Chattahoochee-Oconee National Forest land adjustment.
Sec. 8626. Tennessee wilderness.
Sec. 8627. Kisatchie National Forest land conveyance.
Sec. 8628. Purchase of Natural Resources Conservation Service property, Riverside
County, California.
Sec. 8629. Collaborative Forest Landscape Restoration Program.
Sec. 8630. Utility infrastructure rights-of-way vegetation management pilot program.
Sec. 8631. Okhissa Lake rural economic development land conveyance.
Sec. 8632. Remote sensing technologies.
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132 STAT. 4498
PUBLIC LAW 115–334—DEC. 20, 2018
PART III—TIMBER INNOVATION
Sec. 8641. Definitions.
Sec. 8642. Clarification of research and development program for wood building
construction.
Sec. 8643. Wood innovation grant program.
Sec. 8644. Community wood energy and wood innovation program.
Subtitle G—Other Matters
Rural revitalization technologies.
Resource Advisory Committees.
Tribal forest management demonstration project.
Technical corrections.
Streamlining the Forest Service process for consideration of communications facility location applications.
Sec. 8706. Report on wildfire, insect infestation, and disease prevention on Federal
land.
Sec. 8707. West Fork Fire Station.
Sec. 8708. Competitive forestry, natural resources, and environmental grants program.
Sec.
Sec.
Sec.
Sec.
Sec.
8701.
8702.
8703.
8704.
8705.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
9001.
9002.
9003.
9004.
9005.
9006.
9007.
9008.
9009.
9010.
9011.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
10101.
10102.
10103.
10104.
10105.
10106.
10107.
10108.
10109.
10110.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE IX—ENERGY
Definitions.
Biobased markets program.
Biorefinery assistance.
Repowering assistance program.
Bioenergy program for advanced biofuels.
Biodiesel fuel education program.
Rural Energy for America Program.
Rural Energy Self-Sufficiency Initiative.
Feedstock flexibility.
Biomass Crop Assistance Program.
Carbon utilization and biogas education program.
TITLE X—HORTICULTURE
Specialty crops market news allocation.
Local agriculture market program.
Organic production and market data initiatives.
Organic certification.
National organic certification cost-share program.
Food safety education initiatives.
Specialty crop block grants.
Amendments to the Plant Variety Protection Act.
Multiple crop and pesticide use survey.
Report on the arrival in the United States of forest pests through restrictions on the importation of certain plants for planting.
10111. Report on plant biostimulants.
10112. Clarification of use of funds for technical assistance.
10113. Hemp production.
10114. Interstate commerce.
10115. FIFRA interagency working group.
10116. Study on methyl bromide use in response to an emergency event.
TITLE XI—CROP INSURANCE
Definitions.
Data collection.
Sharing of records.
Use of resources.
Specialty crops.
Insurance period.
Cover crops.
Underserved producers.
Treatment of forage and grazing.
Administrative basic fee.
Enterprise units.
Continued authority.
Submission of policies and materials to board.
Crop production on native sod.
Use of national agricultural statistics service data to combat waste,
fraud, and abuse.
Sec. 11116. Submission of information to corporation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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Sec.
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11101.
11102.
11103.
11104.
11105.
11106.
11107.
11108.
11109.
11110.
11111.
11112.
11113.
11114.
11115.
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PUBLIC LAW 115–334—DEC. 20, 2018
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11117.
11118.
11119.
11120.
11121.
11122.
11123.
11124.
11125.
11126.
132 STAT. 4499
Continuing education for loss adjusters and agents.
Program administration.
Agricultural commodity.
Maintenance of policies.
Reimbursement of research, development, and maintenance costs.
Research and development authority.
Funding for research and development.
Technical amendment to pilot programs.
Education and risk management assistance.
Repeal of cropland report annual updates.
TITLE XII—MISCELLANEOUS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
12101.
12102.
12103.
12104.
12105.
12106.
12107.
12108.
Sec.
Sec.
Sec.
Sec.
Sec.
12201.
12202.
12203.
12204.
12205.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
12301.
12302.
12303.
12304.
12305.
12306.
Subtitle A—Livestock
Animal disease prevention and management.
Sheep production and marketing grant program.
Feasibility study on livestock dealer statutory trust.
Definition of livestock.
National Aquatic Animal Health Plan.
Veterinary training.
Report on FSIS guidance and outreach to small meat processors.
Regional Cattle and Carcass Grading Correlation and Training Centers.
Subtitle B—Agriculture and Food Defense
Repeal of Office of Homeland Security.
Office of Homeland Security.
Agriculture and food defense.
Biological agents and toxins list.
Authorization of appropriations.
Subtitle C—Historically Underserved Producers
Farming opportunities training and outreach.
Urban agriculture.
Tribal Advisory Committee.
Beginning farmer and rancher coordination.
Agricultural youth organization coordinator.
Availability of Department of Agriculture programs for veteran farmers
and ranchers.
Subtitle D—Department of Agriculture Reorganization Act of 1994 Amendments
Sec. 12401. Office of Congressional Relations and Intergovernmental Affairs.
Sec. 12402. Military Veterans Agricultural Liaison.
Sec. 12403. Civil rights analyses.
Sec. 12404. Farm Service Agency.
Sec. 12405. Under Secretary of Agriculture for Farm Production and Conservation.
Sec. 12406. Office of Partnerships and Public Engagement.
Sec. 12407. Under Secretary of Agriculture for Rural Development.
Sec. 12408. Administrator of the Rural Utilities Service.
Sec. 12409. Rural Health Liaison.
Sec. 12410. Natural Resources Conservation Service.
Sec. 12411. Office of the Chief Scientist.
Sec. 12412. Appointment of national appeals division hearing officers.
Sec. 12413. Trade and foreign agricultural affairs.
Sec. 12414. Repeals.
Sec. 12415. Technical corrections.
Sec. 12416. Termination of authority.
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Subtitle E—Other Miscellaneous Provisions
Sec.
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Sec.
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12502.
12503.
12504.
12505.
12506.
12507.
12508.
12509.
12510.
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PART I—MISCELLANEOUS AGRICULTURE PROVISIONS
Acer access and development program.
Protecting animals with shelter.
Marketing orders.
Establishment of food loss and waste reduction liaison.
Report on business centers.
Report on personnel.
Report on absent landlords.
Century farms program.
Report on importation of live dogs.
Tribal Promise Zones.
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PUBLIC LAW 115–334—DEC. 20, 2018
Sec.
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12511.
12512.
12513.
12514.
Precision agriculture connectivity.
Improvements to United States Drought Monitor.
Dairy business innovation initiatives.
Report on funding for the National Institute of Food and Agriculture
and other extension programs.
12515. Prohibition on slaughter of dogs and cats for human consumption.
12516. Labeling exemption for single ingredient foods and products.
12517. South Carolina inclusion in Virginia/Carolina peanut producing region.
12518. Forest Service hire authority.
12519. Conversion authority.
12520. Authorization of protection operations for the Secretary of Agriculture
and others.
PART II—NATIONAL OILHEAT RESEARCH ALLIANCE
Sec. 12531. National oilheat research alliance.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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7 USC 9001 note.
Subtitle F—General Provisions
Baiting of migratory game birds.
Pima agriculture cotton trust fund.
Agriculture wool apparel manufacturers trust fund.
Wool research and promotion.
Emergency Citrus Disease Research and Development Trust Fund.
Extension of merchandise processing fees.
Reports on land access and farmland ownership data collection.
Reauthorization of rural emergency medical services training and
equipment assistance program.
12609. Commission on Farm Transitions—Needs for 2050.
12610. Exceptions under United States Grain Standards Act.
12611. Conference report requirement threshold.
12612. National agriculture imagery program.
12613. Report on inclusion of natural stone products in Commodity Promotion,
Research, and Information Act of 1996.
12614. Establishment of food access liaison.
12615. Eligibility for operators on heirs property land to obtain a farm number.
12616. Extending prohibition on animal fighting to the territories.
12617. Exemption of exportation of certain echinoderms from permission and
licensing requirements.
12618. Data on conservation practices.
12619. Conforming changes to Controlled Substances Act.
12601.
12602.
12603.
12604.
12605.
12606.
12607.
12608.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘‘Secretary’’ means the Secretary of Agriculture.
TITLE I—COMMODITIES
Subtitle A—Commodity Policy
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SEC. 1101. DEFINITION OF EFFECTIVE REFERENCE PRICE.
Section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)
is amended—
(1) by redesignating paragraphs (8) through (25) as paragraphs (9) through (26), respectively; and
(2) by inserting after paragraph (7) the following:
‘‘(8) EFFECTIVE REFERENCE PRICE.—The term ‘effective reference price’, with respect to a covered commodity for a crop
year, means the lesser of the following:
‘‘(A) An amount equal to 115 percent of the reference
price for such covered commodity.
‘‘(B) An amount equal to the greater of—
‘‘(i) the reference price for such covered commodity;
or
‘‘(ii) 85 percent of the average of the marketing
year average price of the covered commodity for the
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132 STAT. 4501
most recent 5 crop years, excluding each of the crop
years with the highest and lowest marketing year average price.’’.
SEC. 1102. BASE ACRES.
(a) TECHNICAL CORRECTIONS.—Section 1112(c)(2) of the Agricultural Act of 2014 (7 U.S.C. 9012(c)(2)) is amended by striking
subparagraph (A) and inserting the following:
‘‘(A) Any acreage on the farm enrolled in—
‘‘(i) the conservation reserve program established
under subchapter B of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3831
et seq.); or
‘‘(ii) a wetland reserve easement under section
1265C of the Food Security Act of 1985 (16 U.S.C.
3865c).’’.
(b) REDUCTION IN BASE ACRES.—Section 1112(d) of the Agricultural Act of 2014 (7 U.S.C. 9012(d)) is amended by adding at
the end the following:
‘‘(3) TREATMENT OF BASE ACRES ON FARMS ENTIRELY
PLANTED TO GRASS OR PASTURE.—
‘‘(A) IN GENERAL.—In the case of a farm on which
all of the cropland was planted to grass or pasture
(including cropland that was idle or fallow), as determined
by the Secretary, during the period beginning on January
1, 2009, and ending on December 31, 2017, the Secretary
shall maintain all base acres and payment yields for the
covered commodities on the farm, except that no payment
shall be made with respect to those base acres under section
1116 or 1117 for the 2019 through 2023 crop years.
‘‘(B) INELIGIBILITY.—The producers on a farm for which
all of the base acres are maintained under subparagraph
(A) shall be ineligible for the option to change the election
applicable to the producers on the farm under section
1115(h).
‘‘(4) PROHIBITION ON RECONSTITUTION OF FARM.—The Secretary shall ensure that producers on a farm do not reconstitute
the farm to void or change the treatment of base acres under
this section.’’.
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SEC. 1103. PAYMENT YIELDS.
(a) TREATMENT OF DESIGNATED OILSEEDS.—Section 1113(b) of
the Agricultural Act of 2014 (7 U.S.C. 9013(b)) is amended—
(1) in paragraph (1), by striking ‘‘designated oilseeds’’ and
inserting ‘‘oilseeds designated before the date of enactment
of the Agriculture Improvement Act of 2018’’;
(2) in paragraphs (2) and (3), by striking ‘‘a designated
oilseed’’ each place it appears and inserting ‘‘an oilseed designated before the date of enactment of the Agriculture
Improvement Act of 2018’’; and
(3) by adding at the end the following:
‘‘(4) TREATMENT OF OILSEEDS DESIGNATED AFTER CERTAIN
DATE.—In the case of oilseeds designated on or after the date
of enactment of the Agriculture Improvement Act of 2018, the
payment yield shall be equal to 90 percent of the average
of the yield per planted acre for the most recent 5 crop years,
as determined by the Secretary, excluding any crop year in
which the acreage planted to the covered commodity was zero.’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
(b) SINGLE OPPORTUNITY TO UPDATE YIELDS.—Section 1113
of the Agricultural Act of 2014 (7 U.S.C. 9013) is amended by
striking subsection (d) and inserting the following:
‘‘(d) SINGLE OPPORTUNITY TO UPDATE YIELDS.—
‘‘(1) ELECTION TO UPDATE.—At the sole discretion of the
owner of a farm, the owner of a farm shall have a 1-time
opportunity to update, on a covered-commodity-by-covered-commodity basis, the payment yield that would otherwise be used
in calculating any price loss coverage payment for each covered
commodity on the farm for which the election is made.
‘‘(2) METHOD OF UPDATING YIELDS FOR COVERED COMMODITIES.—If the owner of a farm elects to update yields under
paragraph (1), the payment yield for a covered commodity on
the farm, for the purpose of calculating price loss coverage
payments only, shall be equal to the product obtained by multiplying—
‘‘(A) 90 percent;
‘‘(B) the average of the yield per planted acre for the
crop of covered commodities on the farm for the 2013
through 2017 crop years, as determined by the Secretary,
excluding any crop year in which the acreage planted to
the covered commodity was zero; and
‘‘(C) subject to paragraph (3), the ratio obtained by
dividing—
‘‘(i) the average of the 2008 through 2012 national
average yield per planted acre for the covered commodity, as determined by the Secretary; by
‘‘(ii) the average of the 2013 through 2017 national
average yield per planted acre for the covered commodity, as determined by the Secretary.
‘‘(3) LIMITATION.—In no case shall the ratio obtained under
paragraph (2)(C) be less than 90 percent or greater than 100
percent.
‘‘(4) USE OF COUNTY AVERAGE YIELD.—For the purposes
of determining the average yield per planted acre under paragraph (2)(B), if the yield per planted acre for a crop of a
covered commodity for a farm for any of the crop years described
in that subparagraph was less than 75 percent of the average
of county yields for those crop years for that commodity, the
Secretary shall assign a yield for that crop year equal to 75
percent of the average of the 2013 through 2017 county yield
for the covered commodity.
‘‘(5) UPLAND COTTON CONVERSION.—In the case of seed
cotton, for purposes of determining the average of the yield
per planted acre under this subsection, the average yield for
seed cotton per planted acre shall be equal to 2.4 times the
average yield for upland cotton per planted acre.
‘‘(6) TIME FOR ELECTION.—An election under this subsection
shall be made at a time and manner so as to be in effect
beginning with the 2020 crop year, as determined by the Secretary.’’.
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SEC. 1104. PAYMENT ACRES.
Section 1114 of the Agricultural Act of 2014 (7 U.S.C. 9014)
is amended—
(1) in subsection (d)—
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132 STAT. 4503
(A) in paragraph (1), by inserting ‘‘, unless the sum
of the base acres on the farm, when combined with the
base acres of other farms in which the producer has an
interest, is more than 10 acres’’ before the period at the
end; and
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘or’’ at the
end;
(ii) in subparagraph (B), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(C) a beginning farmer or rancher (as defined in subsection (a) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279)); or
‘‘(D) a veteran farmer or rancher (as defined in subsection (a) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279)).’’; and
(2) in subsection (e), by adding at the end the following:
‘‘(5) EFFECT OF REDUCTION.—For each crop year for which
fruits, vegetables (other than mung beans and pulse crops),
or wild rice are planted to base acres on a farm for which
a reduction in payment acres is made under this subsection,
the Secretary shall consider such base acres to be planted,
or prevented from being planted, to a covered commodity for
purposes of any adjustment or reduction of base acres for
the farm under section 1112.’’.
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SEC. 1105. PRODUCER ELECTION.
Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015)
is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘Except as provided in subsection (g), for the
2014 through 2018 crop years’’ and inserting ‘‘For the 2014
through 2018 crop years (except as provided in subsection (g))
and for the 2019 through 2023 crop years (subject to subsection
(h))’’;
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘subsection (a), the producers on a farm that
elect under paragraph (2) of such subsection to obtain agriculture risk coverage under section 1117’’ and inserting ‘‘subsection (a) or (h), as applicable, the producers on a farm that
elect to obtain agriculture risk coverage’’;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by inserting
‘‘or the 2019 crop year, as applicable’’ after ‘‘2014 crop
year’’;
(B) in paragraph (1), by inserting ‘‘or the 2019 crop
year, as applicable,’’ after ‘‘2014 crop year’’; and
(C) by striking paragraph (2) and inserting the following:
‘‘(2) subject to subsection (h), the producers on the farm
shall be deemed to have elected, as applicable—
‘‘(A) price loss coverage for all covered commodities
on the farm for the 2015 through 2018 crop years; and
‘‘(B) the same coverage for each covered commodity
on the farm for the 2020 through 2023 crop years as
was applicable for the 2015 through 2018 crop years.’’;
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132 STAT. 4504
PUBLIC LAW 115–334—DEC. 20, 2018
(4) in subsection (g)(1), by inserting ‘‘for the 2018 crop
year,’’ before ‘‘all of the producers’’; and
(5) by adding at the end the following:
‘‘(h) OPTION TO CHANGE ELECTION.—
‘‘(1) IN GENERAL.—For the 2021 crop year and each crop
year thereafter, all of the producers on a farm may change
the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture
risk coverage, as applicable.
‘‘(2) APPLICABILITY.—An election change under paragraph
(1) shall apply to—
‘‘(A) the crop year for which the election change is
made; and
‘‘(B) each crop year thereafter until another election
change is made under that paragraph.’’.
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SEC. 1106. PRICE LOSS COVERAGE.
Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016)
is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated)—
(i) by inserting ‘‘or (h)’’ after ‘‘subsection (a)’’; and
(ii) by striking ‘‘determines that, for any of the
2014 through 2018 crop years—’’ and inserting ‘‘determines that—
‘‘(1) for any of the 2014 through 2018 crop years—’’;
(C) in paragraph (1)(B) (as so redesignated), by striking
the period at the end and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(2) for any of the 2019 through 2023 crop years—
‘‘(A) the effective price for the covered commodity for
the crop year; is less than
‘‘(B) the effective reference price for the covered commodity for the crop year.’’;
(2) in subsection (c)—
(A) by redesignating paragraphs (1) and (2) as clauses
(i) and (ii), respectively, and indenting appropriately;
(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘The payment rate’’ and inserting the
following:
‘‘(1) IN GENERAL.—
‘‘(A) 2014 THROUGH 2018 CROP YEARS.—For the 2014
through 2018 crop years, the payment rate’’;
(C) in paragraph (1) (as so designated), by adding
at the end the following:
‘‘(B) 2019 THROUGH 2023 CROP YEARS.—For the 2019
through 2023 crop years, the payment rate shall be equal
to the difference between—
‘‘(i) the effective reference price for the covered
commodity; and
‘‘(ii) the effective price determined under subsection (b) for the covered commodity.’’; and
(D) by adding at the end the following:
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132 STAT. 4505
‘‘(2) ANNOUNCEMENT.—Not later than 30 days after the
end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate
determined under paragraph (1).
‘‘(3) INSUFFICIENT DATA.—In the case of a covered commodity, such as temperate japonica rice, for which the Secretary
cannot determine the payment rate for the most recent 12month marketing year by the date described in paragraph
(2) due to insufficient reporting of timely pricing data by 1
or more nongovernmental entities, including a marketing
cooperative for the covered commodity, the Secretary shall publish the payment rate as soon as practicable after the marketing
year data are made available.’’; and
(3) by striking subsection (g) and inserting the following:
‘‘(g) REFERENCE PRICE FOR TEMPERATE JAPONICA RICE.—In
order to reflect price premiums, the Secretary shall provide a reference price with respect to temperate japonica rice in an amount
equal to the amount established under subparagraph (F) of section
1111(19), as adjusted by paragraph (8) of such section, multiplied
by the ratio obtained by dividing—
‘‘(1) the simple average of the marketing year average
price of medium grain rice from the 2012 through 2016 crop
years; by
‘‘(2) the simple average of the marketing year average
price of all rice from the 2012 through 2016 crop years.’’.
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SEC. 1107. AGRICULTURE RISK COVERAGE.
Section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017)
is amended—
(1) in subsection (a), in the matter preceding paragraph
(1)—
(A) by inserting ‘‘(beginning with the 2019 crop year,
based on the physical location of the farm)’’ after ‘‘payments’’; and
(B) by inserting ‘‘or the 2019 through 2023 crop years,
as applicable’’ after ‘‘2014 through 2018 crop years’’;
(2) in subsection (c)—
(A) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘paragraph
(4)’’ and inserting ‘‘paragraphs (4) and (5)’’; and
(ii) in subparagraph (B), by striking ‘‘(5)’’ and
inserting ‘‘(6)’’;
(B) in paragraph (3)—
(i) in subparagraph (A)(ii), by striking ‘‘(5)’’ and
inserting ‘‘(6)’’; and
(ii) in subparagraph (C), by striking ‘‘2018’’ and
inserting ‘‘2023’’;
(C) in paragraph (4)—
(i) by striking ‘‘If’’ and inserting the following:
‘‘(A) 2014 THROUGH 2018 CROP YEARS.—Effective for
the 2014 through 2018 crop years, if’’; and
(ii) by adding at the end the following:
‘‘(B) 2019 THROUGH 2023 CROP YEARS.—Effective for
the 2019 through 2023 crop years, if the yield per planted
acre for the covered commodity or historical county yield
per planted acre for the covered commodity for any of
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132 STAT. 4506
PUBLIC LAW 115–334—DEC. 20, 2018
the 5 most recent crop years, as determined by the Secretary, is less than 80 percent of the transitional yield,
as determined by the Secretary, the amounts used for
any of those years in paragraph (2)(A) or (3)(A)(i) shall
be 80 percent of the transitional yield.’’;
(D) by redesignating paragraph (5) as paragraph (6);
(E) by inserting after paragraph (4) the following:
‘‘(5) TREND-ADJUSTED YIELD.—The Secretary shall calculate
and use a trend-adjusted yield factor to adjust the yield determined under paragraph (2)(A) and subsection (b)(1)(A), taking
into consideration, but not exceeding, the trend-adjusted yield
factor that is used to increase yield history under the endorsement under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) for that crop and county.’’; and
(F) in paragraph (6) (as so redesignated)—
(i) by striking ‘‘REFERENCE PRICE.—If the national
average market price’’ and inserting the following:
‘‘LOW NATIONAL AVERAGE MARKET PRICE.—
‘‘(A) REFERENCE PRICE.—For the 2014 through 2018
crop years, if the national average market price’’; and
(ii) by adding at the end the following:
‘‘(B) EFFECTIVE REFERENCE PRICE.—For the 2019
through 2023 crop years, if the national average market
price received by producers during the 12-month marketing
year for any of the 5 most recent crop years is lower
than the effective reference price for the covered commodity, the Secretary shall use the effective reference price
for any of those years for the amounts in paragraph (2)(B)
or (3)(A)(ii).’’;
(3) in subsection (d)—
(A) in paragraph (1), by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii), respectively, and
indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ‘‘The payment’’ and inserting
the following:
‘‘(1) IN GENERAL.—The payment’’; and
(D) by adding at the end the following:
‘‘(2) ANNOUNCEMENT.—Not later than 30 days after the
end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate
determined under paragraph (1) for each county.’’;
(4) in subsection (e), in the matter preceding paragraph
(1), by striking ‘‘2018’’ and inserting ‘‘2023’’;
(5) in subsection (g)—
(A) in paragraph (2), by striking ‘‘to the maximum
extent practicable,’’;
(B) in paragraph (3), by striking ‘‘and’’ after the semicolon at the end;
(C) in paragraph (4)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘effective for the 2014 through 2018 crop
years,’’ before ‘‘in the case of’’; and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4507
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(5) effective for the 2019 through 2023 crop years, in
the case of county coverage, assign an actual or benchmark
county yield for each planted acre for the crop year for the
covered commodity—
‘‘(A) for a county for which county data collected by
the Risk Management Agency are sufficient for the Secretary to offer a county-wide insurance product, using the
actual average county yield determined by the Risk
Management Agency; or
‘‘(B) for a county not described in subparagraph (A),
using—
‘‘(i) other sources of yield information, as determined by the Secretary; or
‘‘(ii) the yield history of representative farms in
the State, region, or crop reporting district, as determined by the Secretary.’’; and
(6) by adding at the end the following:
‘‘(h) PUBLICATIONS.—
‘‘(1) COUNTY GUARANTEE.—
‘‘(A) IN GENERAL.—For each crop year for a covered
commodity, the Secretary shall publish information
describing, for that crop year for the covered commodity
in each county—
‘‘(i) the agriculture risk coverage guarantee for
county coverage determined under subsection (c)(1);
‘‘(ii) the average historical county yield determined
under subsection (c)(2)(A); and
‘‘(iii) the national average market price determined
under subsection (c)(2)(B).
‘‘(B) TIMING.—
‘‘(i) IN GENERAL.—Except as provided in clauses
(ii) and (iii), not later than 30 days after the end
of each applicable 12-month marketing year, the Secretary shall publish the information described in
subparagraph (A).
‘‘(ii) INSUFFICIENT DATA.—In the case of a covered
commodity, such as temperate japonica rice, for which
the Secretary cannot determine the national average
market price for the most recent 12-month marketing
year by the date described in clause (i) due to insufficient reporting of timely pricing data by 1 or more
nongovernmental entities, including a marketing
cooperative for the covered commodity, as soon as practicable after the pricing data are made available, the
Secretary shall publish information describing—
‘‘(I) the agriculture risk coverage guarantee
under subparagraph (A)(i); and
‘‘(II) the national average market price under
subparagraph (A)(iii).
‘‘(iii) TRANSITION.—Not later than 60 days after
the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary shall publish the information
described in clauses (i) and (ii) of subparagraph (A)
for the 2018 crop year.
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‘‘(2) ACTUAL AVERAGE COUNTY YIELD.—As soon as practicable after each crop year, the Secretary shall determine
and publish each actual average county yield for each covered
commodity, as determined under subsection (b)(1)(A).
‘‘(3) DATA SOURCES FOR COUNTY YIELDS.—For the 2018
crop year and each crop year thereafter, the Secretary shall
make publicly available information describing, for the most
recent crop year—
‘‘(A) the sources of data used to calculate county yields
under subsection (c)(2)(A) for each covered commodity—
‘‘(i) by county; and
‘‘(ii) nationally; and
‘‘(B) the number and outcome of occurrences in which
the Farm Service Agency reviewed, changed, or determined
not to change a source of data used to calculate county
yields under subsection (c)(2)(A).
‘‘(i) ADMINISTRATIVE UNITS.—
‘‘(1) IN GENERAL.—For purposes of agriculture risk coverage
payments in the case of county coverage, a county may be
divided into not greater than 2 administrative units in accordance with this subsection.
‘‘(2) ELIGIBLE COUNTIES.—A county that may be divided
into administrative units under this subsection is a county
that—
‘‘(A) is larger than 1,400 square miles; and
‘‘(B) contains more than 190,000 base acres.
‘‘(3) ELECTIONS.—Before making any agriculture risk coverage payments for the 2019 crop year, the Farm Service
Agency State committee, in consultation with the Farm Service
Agency county or area committee of a county described in
paragraph (2), may make a 1-time election to divide the county
into administrative units under this subsection along a
boundary that better reflects differences in weather patterns,
soil types, or other factors.
‘‘(4) LIMITATION.—The Secretary shall—
‘‘(A) limit the number of counties that may be divided
into administrative units under paragraph (3) to 25 counties; and
‘‘(B) give preference to the division of counties that
have greater variation in climate, soils, and expected
productivity between the proposed administrative units.
‘‘(5) ADMINISTRATION.—For purposes of providing agriculture risk coverage payments in the case of county coverage,
the Secretary shall consider an administrative unit elected
under paragraph (3) to be a county for the 2019 through 2023
crop years.’’.
SEC. 1108. REPEAL OF TRANSITION ASSISTANCE FOR PRODUCERS OF
UPLAND COTTON.
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Section 1119 of the Agricultural Act of 2014 (7 U.S.C. 9019)
is repealed.
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132 STAT. 4509
Subtitle B—Marketing Loans
SEC. 1201. EXTENSIONS.
(a) IN GENERAL.—Section 1201(b)(1) of the Agricultural Act
of 2014 (7 U.S.C. 9031(b)(1)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
(b) REPAYMENT.—Section 1204 of the Agricultural Act of 2014
(7 U.S.C. 9034) is amended—
(1) in subsection (e)(2)(B), in the matter preceding clause
(i), by striking ‘‘2019’’and inserting ‘‘2024’’; and
(2) in subsection (g), by striking ‘‘2018’’ and inserting
‘‘2023’’.
(c) LOAN DEFICIENCY PAYMENTS.—
(1) EXTENSION.—Section 1205(a)(2)(B) of the Agricultural
Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking
‘‘2018’’ and inserting ‘‘2023’’.
(2) PAYMENTS IN LIEU OF LDPS.—Section 1206 of the Agricultural Act of 2014 (7 U.S.C. 9036) is amended in subsections
(a) and (d) by striking ‘‘2018’’ each place it appears and
inserting ‘‘2023’’.
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SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE
LOANS.
(a) IN GENERAL.—Section 1202 of the Agricultural Act of 2014
(7 U.S.C. 9032) is amended—
(1) in subsection (a), by striking the subsection heading
and inserting ‘‘2014 THROUGH 2018 CROP YEARS’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) 2019 THROUGH 2023 CROP YEARS.—For purposes of each
of the 2019 through 2023 crop years, the loan rate for a marketing
assistance loan under section 1201 for a loan commodity shall
be equal to the following:
‘‘(1) In the case of wheat, $3.38 per bushel.
‘‘(2) In the case of corn, $2.20 per bushel.
‘‘(3) In the case of grain sorghum, $2.20 per bushel.
‘‘(4) In the case of barley, $2.50 per bushel.
‘‘(5) In the case of oats, $2.00 per bushel.
‘‘(6)(A) Subject to subparagraphs (B) and (C), in the case
of base quality of upland cotton, the simple average of the
adjusted prevailing world price for the 2 immediately preceding
marketing years, as determined by the Secretary and
announced October 1 preceding the next domestic planting.
‘‘(B) Except as provided in subparagraph (C), the loan
rate determined under subparagraph (A) may not equal less
than an amount equal to 98 percent of the loan rate for base
quality of upland cotton for the preceding year.
‘‘(C) The loan rate determined under subparagraph (A)
may not be equal to an amount—
‘‘(i) less than $0.45 per pound; or
‘‘(ii) more than $0.52 per pound.
‘‘(7) In the case of extra long staple cotton, $0.95 per
pound.
‘‘(8) In the case of long grain rice, $7.00 per hundredweight.
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‘‘(9) In the case of medium grain rice, $7.00 per hundredweight.
‘‘(10) In the case of soybeans, $6.20 per bushel.
‘‘(11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds:
‘‘(A) Sunflower seed.
‘‘(B) Rapeseed.
‘‘(C) Canola.
‘‘(D) Safflower.
‘‘(E) Flaxseed.
‘‘(F) Mustard seed.
‘‘(G) Crambe.
‘‘(H) Sesame seed.
‘‘(I) Other oilseeds designated by the Secretary.
‘‘(12) In the case of dry peas, $6.15 per hundredweight.
‘‘(13) In the case of lentils, $13.00 per hundredweight.
‘‘(14) In the case of small chickpeas, $10.00 per hundredweight.
‘‘(15) In the case of large chickpeas, $14.00 per hundredweight.
‘‘(16) In the case of graded wool, $1.15 per pound.
‘‘(17) In the case of nongraded wool, $0.40 per pound.
‘‘(18) In the case of mohair, $4.20 per pound.
‘‘(19) In the case of honey, $0.69 per pound.
‘‘(20) In the case of peanuts, $355 per ton.’’; and
(4) in subsection (c) (as so redesignated), by striking ‘‘subsection (a)(11)’’ and inserting ‘‘subsections (a)(11) and (b)(11)’’.
(b) CONFORMING AMENDMENT.—Section 1204(h)(1) of the Agricultural Act of 2014 (7 U.S.C. 9034(h)(1)) is amended by striking
‘‘section 1202(a)(20)’’ and inserting ‘‘subsection (a)(20) or (b)(20),
as applicable, of section 1202’’.
SEC. 1203. ECONOMIC ADJUSTMENT ASSISTANCE FOR TEXTILE MILLS.
(a) 2008 AUTHORITY.—Section 1207 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8737) is amended by striking
subsection (c).
(b) 2014 AUTHORITY.—Section 1207(c) of the Agricultural Act
of 2014 (7 U.S.C. 9037(c)) is amended by striking the subsection
heading and inserting ‘‘ECONOMIC ADJUSTMENT ASSISTANCE FOR
TEXTILE MILLS’’.
SEC. 1204. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG
STAPLE COTTON.
(a) IN GENERAL.—Section 1208(a) of the Agricultural Act of
2014 (7 U.S.C. 9038(a)) is amended in the matter preceding paragraph (1) by striking ‘‘2019’’ and inserting ‘‘2024’’.
(b) PAYMENTS UNDER PROGRAM; TRIGGER.—Section 1208(b)(2)
of the Agricultural Act of 2014 (7 U.S.C. 9038(b)(2)) is amended
by striking ‘‘134 percent’’ and inserting ‘‘113 percent’’.
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SEC. 1205. AVAILABILITY OF RECOURSE LOANS.
(a) IN GENERAL.—Section 1209 of the Agricultural Act of 2014
(7 U.S.C. 9039) is amended in subsections (a)(2) and (b) by striking
‘‘2018’’ each place it appears and inserting ‘‘2023’’.
(b) RECOURSE LOANS AVAILABLE FOR CONTAMINATED COMMODITIES.—Section 1209 of the Agricultural Act of 2014 (7 U.S.C. 9039)
is amended—
(1) by redesignating subsection (c) as subsection (d); and
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132 STAT. 4511
(2) by inserting after subsection (b) the following:
‘‘(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.’’.
Subtitle C—Sugar
SEC. 1301. SUGAR POLICY.
(a) SUGAR PROGRAM.—
(1) SUGARCANE.—Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is
amended—
(A) in paragraph (3), by striking ‘‘and’’ at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) 19.75 cents per pound for raw cane sugar for each
of the 2019 through 2023 crop years.’’.
(2) SUGAR BEETS.—Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
(3) EFFECTIVE PERIOD.—Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i))
is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
(b) FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.—
(1) SUGAR ESTIMATES.—Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
(2) EFFECTIVE PERIOD.—Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
Subtitle D—Dairy Margin Coverage and
Other Dairy Related Provisions
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SEC. 1401. DAIRY MARGIN COVERAGE.
(a) REVIEW OF DATA USED IN CALCULATION OF AVERAGE FEED
COST.—Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report evaluating the extent to which the average cost of feed used by a
dairy operation to produce a hundredweight of milk calculated
by the Secretary as required by section 1402(a) of the Agricultural
Act of 2014 (7 U.S.C. 9052(a)) is representative of actual dairy
feed costs.
(b) CORN SILAGE REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
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Senate a report detailing the costs incurred by dairy operations
in the use of corn silage as feed, and the difference between the
feed cost of corn silage and the feed cost of corn.
(c) COLLECTION OF ALFALFA HAY DATA.—Not later than 120
days after the date of the enactment of this Act, the Secretary,
acting through the National Agricultural Statistics Service, shall
revise monthly price survey reports to include prices for highquality alfalfa hay in the top five milk producing States, as measured by volume of milk produced during the previous month.
(d) REGISTRATION OF MULTIPRODUCER DAIRY OPERATIONS.—Section 1404(b) of the Agricultural Act of 2014 (7 U.S.C. 9054(b))
is amended—
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by striking paragraph (3) and inserting the following:
‘‘(3) ELECTION PERIOD FOR 2019 CALENDAR YEAR.—For the
2019 calendar year, the Secretary shall—
‘‘(A) open the election period not later than 60 days
after the effective date described in section 1401(m) of
the Agriculture Improvement Act of 2018; and
‘‘(B) hold that election period open for not less than
90 days.
‘‘(4) TREATMENT OF MULTIPRODUCER DAIRY OPERATION.—
‘‘(A) IN GENERAL.—If a participating dairy operation
is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall
be treated as a single dairy operation for purposes of
participating in dairy margin coverage.
‘‘(B) RULE OF CONSTRUCTION.—Subparagraph (A) shall
not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums
from the proportion covered for the operation.’’.
(e) RELATION TO LIVESTOCK GROSS MARGIN FOR DAIRY PROGRAM.—
(1) IN GENERAL.—Section 1404 of the Agricultural Act of
2014 (7 U.S.C. 9054) is amended by striking subsection (d).
(2) RETROACTIVE PROGRAM OPTION.—Section 1404(b)(2) of
the Agricultural Act of 2014 (7 U.S.C. 9054(b)(2)) is amended—
(A) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(B) RETROACTIVE PROGRAM OPTION.—In the case of
a dairy operation that, by operation of subsection (d) (as
in effect on the day before the date of enactment of the
Agriculture Improvement Act of 2018), was ineligible to
participate in the margin protection program for any part
of calendar year 2018, the Secretary shall establish a new
election period for that calendar year that ends on a date
that is not less than 90 days after the date of enactment
of the Agriculture Improvement Act of 2018 and the Secretary determines is necessary for dairy operations to make
new elections to participate in the margin protection program (as in effect on the day before the date of enactment
of the Agriculture Improvement Act of 2018) for that calendar year, including dairy operations that elected to
participate in the livestock gross margin for dairy program
under the Federal Crop Insurance Act (7 U.S.C. 1501 et
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4513
seq.) before the date of enactment of the Bipartisan Budget
Act of 2018 (Public Law 115–123).’’.
(f) PRODUCTION HISTORY OF PARTICIPATING DAIRY OPERATORS.—
(1) ADJUSTMENT.—Section 1405 of the Agricultural Act of
2014 (7 U.S.C. 9055) is amended—
(A) in subsection (a)—
(i) in paragraph (2), by striking ‘‘In subsequent
years’’ and inserting ‘‘In the subsequent calendar years
ending before January 1, 2019’’; and
(ii) in paragraph (3), by inserting ‘‘, as applicable’’
after ‘‘paragraph (2)’’; and
(B) in subsection (b)—
(i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting
appropriately;
(ii) in the matter preceding subparagraph (A) (as
so redesignated), by striking ‘‘In the case’’ and inserting
the following:
‘‘(1) DAIRY OPERATIONS WITH LESS THAN 1 YEAR OF PRODUCTION HISTORY.—In the case’’; and
(iii) by adding at the end the following:
‘‘(2) DAIRY OPERATIONS WITH 1 YEAR OR MORE OF PRODUCTION HISTORY.—In the case of a participating dairy operation
that was not in operation prior to January 1, 2014, that has
not established a production history, and that has been in
operation for equal to or longer than 1 year, the participating
dairy operation shall elect the annual milk marketings during
any 1 calendar year to determine the production history of
the participating dairy operation.
‘‘(3) ADJUSTMENT.—The Secretary shall adjust the production history of a participating dairy operation determined under
paragraph (1) or (2) to reflect any increase or decrease in
the national average milk production relative to calendar year
2017.’’.
(2) LIMITATION ON CHANGES TO BUSINESS STRUCTURE.—
Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055)
is amended by adding at the end the following new subsection:
‘‘(d) LIMITATION ON CHANGES TO BUSINESS STRUCTURE.—The
Secretary may not make dairy margin coverage payments to a
participating dairy operation if the Secretary determines that the
participating dairy operation has reorganized the structure of such
operation solely for the purpose of qualifying as a new operation
under subsection (b).’’.
(g) COVERAGE LEVEL THRESHOLD AND COVERAGE PERCENTAGE.—Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056)
is amended by striking subsection (a) and inserting the following:
‘‘(a) COVERAGE LEVEL THRESHOLD AND COVERAGE PERCENTAGE.—
‘‘(1) COVERAGE LEVEL THRESHOLD.—
‘‘(A) IN GENERAL.—For purposes of receiving dairy
margin coverage payments for a month, a participating
dairy operation shall annually elect a coverage level
threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00,
$6.50, $7.00, $7.50, $8.00, $8.50, $9.00, or $9.50.
‘‘(B) APPLICABILITY.—Except as provided in subparagraph (C), the coverage level threshold elected under
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subparagraph (A) shall apply to the covered production
elected by the participating dairy operation under paragraph (2).
‘‘(C) SECOND COVERAGE ELECTION FOR TIER II.—In the
case of a participating dairy operation that elects a coverage
level threshold of $8.50, $9.00, or $9.50 under subparagraph (A)—
‘‘(i) that coverage level threshold shall apply to
the first 5,000,000 pounds of milk marketings included
in the covered production elected by the participating
dairy operation; and
‘‘(ii) the participating dairy operation shall elect
a coverage level threshold that is equal to $4.00, $4.50,
$5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 to
apply to milk marketings in excess of 5,000,000 pounds
included in the covered production elected by the
participating dairy operation.
‘‘(2) COVERAGE PERCENTAGE.—For purposes of receiving
dairy margin coverage payments for a month, a participating
dairy operation shall annually elect a percentage of coverage,
in 5-percent increments, not exceeding 95 percent of the production history of the participating dairy operation.’’.
(h) PRODUCER PREMIUMS.—Section 1407 of the Agricultural
Act of 2014 (7 U.S.C. 9057) is amended—
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
‘‘(2) PRODUCER PREMIUMS.—Except as provided in subsection (g), the following annual premiums apply:
‘‘Coverage Level
Premium per Cwt.
$4.00
$4.50
$5.00
$5.50
$6.00
$6.50
$7.00
$7.50
$8.00
$8.50
$9.00
$9.50
None
$0.0025
$0.005
$0.030
$0.050
$0.070
$0.080
$0.090
$0.100
$0.105
$0.110
$0.150’’; and
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(2) in subsection (c), by striking paragraph (2) and inserting
the following:
‘‘(2) PRODUCER PREMIUMS.—Except as provided in subsection (g), the following annual premiums apply:
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‘‘Coverage Level
Premium per Cwt.
$4.00
None
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘Coverage Level
Premium per Cwt.
$4.50
$5.00
$5.50
$6.00
$6.50
$7.00
$7.50
$8.00
$0.0025
$0.005
$0.100
$0.310
$0.650
$1.107
$1.413
$1.813’’.
132 STAT. 4515
(i) REPAYMENT OF PREMIUMS.—Section 1407 of the Agricultural
Act of 2014 (7 U.S.C. 9057) is amended by adding at the end
the following:
‘‘(f) REPAYMENT OF PREMIUMS.—
‘‘(1) IN GENERAL.—Each dairy operation described in paragraph (2) shall be eligible to receive a repayment from the
Secretary in an amount equal to the difference between—
‘‘(A) the total amount of premiums paid by the participating dairy operation under this section for each
applicable calendar year; and
‘‘(B) the total amount of payments made to the participating dairy operation under section 1406 for that calendar
year.
‘‘(2) ELIGIBILITY.—A dairy operation that is eligible to
receive a repayment under paragraph (1) is a dairy operation
that—
‘‘(A) participated in the margin protection program,
as in effect for any of calendar years 2014 through 2017;
and
‘‘(B) submits to the Secretary an application for the
repayment at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(3) METHOD OF REPAYMENT.—A dairy operation that is
eligible to receive a repayment under paragraph (1) shall elect
to receive the repayment—
‘‘(A) in an amount equal to 75 percent of the repayment
calculated under that paragraph as credit that may be
used by the dairy operation for dairy margin coverage
premiums; or
‘‘(B) in an amount equal to 50 percent of the repayment
calculated under that paragraph as a direct cash repayment.
‘‘(4) APPLICABILITY.—Paragraph (1) shall only apply to a
calendar year during the period of calendar years 2014 through
2017 for which the amount described in subparagraph (A) of
that paragraph is greater than the amount described in
subparagraph (B) of that paragraph.’’.
(j) PREMIUM DISCOUNT.—Section 1407 of the Agricultural Act
of 2014 (7 U.S.C. 9057) (as amended by subsection (i)) is amended
by adding at the end the following:
‘‘(g) PREMIUM DISCOUNT.—The premium per hundredweight
specified in the tables contained in subsections (b) and (c) for
each coverage level shall be reduced by 25 percent in accordance
with the following:
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‘‘(1) IN GENERAL.—For each of calendar years 2019 through
2023, for a participating dairy operation that makes a 1-time
election of coverage level in a tier and of a percentage of
coverage under section 1406(a) for the 5-year period beginning
in January 2019.
‘‘(2) NEW DAIRY OPERATIONS.—For each applicable calendar
year through 2023, for a participating dairy operation that—
‘‘(A) establishes a production history pursuant to section 1405(b); and
‘‘(B) makes a 1-time election of coverage level in a
tier and of a percentage of coverage under section 1406(a)
for the period beginning with the first available calendar
year and ending in December 2023.
‘‘(3) FULL PARTICIPATION REQUIRED.—Notwithstanding the
annual elections under section 1406(a)—
‘‘(A) a 1-time enrollment under this subsection shall
remain in effect for the full duration applicable to a participating dairy operation in accordance with paragraph (1)
or (2)(B), as applicable; and
‘‘(B) a participating dairy operation that makes a 1time enrollment under this subsection and is noncompliant
under section 1408 shall be subject to that section.’’.
(k) CONFORMING AMENDMENTS RELATED TO PROGRAM NAME.—
(1) HEADING.—The heading of part I of subtitle D of title
I of the Agricultural Act of 2014 (Public Law 113–79; 128
Stat. 688) is amended to read as follows:
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‘‘PART I—DAIRY MARGIN COVERAGE’’.
(2) DEFINITIONS.—Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended—
(A) by striking paragraphs (5) and (6) and inserting
the following new paragraphs:
‘‘(5) DAIRY MARGIN COVERAGE.—The term ‘dairy margin
coverage’ means the dairy margin coverage program required
by section 1403.
‘‘(6) DAIRY MARGIN COVERAGE PAYMENT.—The term ‘dairy
margin coverage payment’ means a payment made to a participating dairy operation under dairy margin coverage pursuant
to section 1406.’’; and
(B) in paragraphs (7) and (8), by striking ‘‘the margin
protection program’’ both places it appears and inserting
‘‘dairy margin coverage’’.
(3) CALCULATION OF ACTUAL DAIRY PRODUCTION MARGIN.—
Section 1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9052(b)(1)) is amended in the matter preceding subparagraph
(A) by striking ‘‘the margin protection program’’ and inserting
‘‘dairy margin coverage’’.
(4) PROGRAM OPERATION.—Section 1403 of the Agricultural
Act of 2014 (7 U.S.C. 9053) is amended—
(A) by striking the section heading and inserting
‘‘DAIRY MARGIN COVERAGE’’;
(B) by striking ‘‘Not later than September 1, 2014,
the Secretary shall establish and administer a margin
protection program’’ and inserting the following:
‘‘(a) IN GENERAL.—The Secretary shall continue to administer
a dairy margin coverage program’’;
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132 STAT. 4517
(C) in subsection (a) (as so designated), by striking
‘‘margin protection payment’’ both places it appears and
inserting ‘‘dairy margin coverage payment’’; and
(D) by adding at the end the following:
‘‘(b) REGULATIONS.—Subpart A of part 1430 of title 7, Code
of Federal Regulations (as in effect on the date of enactment of
the Agriculture Improvement Act of 2018), shall remain in effect
for dairy margin coverage beginning with the 2019 calendar year,
except to the extent that the regulations are inconsistent with
any provision of this Act.’’.
(5) PARTICIPATION.—Section 1404 of the Agricultural Act
of 2014 (7 U.S.C. 9054) is amended—
(A) in the section heading, by striking ‘‘MARGIN
PROTECTION PROGRAM’’ and inserting ‘‘DAIRY MARGIN
COVERAGE’’;
(B) in subsection (a), by striking ‘‘the margin protection
program to receive margin protection payments’’ and
inserting ‘‘dairy margin coverage to receive dairy margin
coverage payments’’; and
(C) in subsections (b) and (c), by striking ‘‘the margin
protection program’’ each place it appears and inserting
‘‘dairy margin coverage’’.
(6) PRODUCTION HISTORY.—Section 1405 of the Agricultural
Act of 2014 (7 U.S.C. 9055) is amended in subsections (a)(1)
and (c) by striking ‘‘the margin protection program’’ each place
it appears and inserting ‘‘dairy margin coverage’’.
(7) PAYMENTS.—Section 1406 of the Agricultural Act of
2014 (7 U.S.C. 9056) is amended—
(A) in the section heading, by striking ‘‘MARGIN
PROTECTION’’ and inserting ‘‘DAIRY MARGIN COVERAGE’’;
(B) by striking ‘‘margin protection’’ each place it
appears and inserting ‘‘dairy margin coverage’’; and
(C) in the heading of subsection (c), by striking
‘‘MARGIN PROTECTION’’.
(8) PREMIUMS.—Section 1407 of the Agricultural Act of
2014 (7 U.S.C. 9057) is amended—
(A) in the section heading, by striking ‘‘MARGIN
PROTECTION PROGRAM’’ and inserting ‘‘DAIRY MARGIN
COVERAGE’’;
(B) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘the margin protection program’’ and
inserting ‘‘dairy margin coverage’’;
(C) in subsection (d), by striking ‘‘program’’ and
inserting ‘‘dairy margin coverage’’; and
(D) in subsection (e)—
(i) by striking ‘‘the margin protection program’’
both places it appears and inserting ‘‘dairy margin
coverage’’; and
(ii) in paragraph (2), by striking ‘‘integrity of the
program’’ and inserting ‘‘integrity of dairy margin coverage’’.
(9) FAILURE TO PAY ADMINISTRATIVE FEES OR PREMIUMS.—
Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058)
is amended—
(A) in subsection (a)(2), by striking ‘‘margin protection’’
and inserting ‘‘dairy margin coverage’’; and
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PUBLIC LAW 115–334—DEC. 20, 2018
(B) in subsection (b), by striking ‘‘the margin protection
program’’ and inserting ‘‘dairy margin coverage’’.
(10) ADMINISTRATION AND ENFORCEMENT.—Section 1410 of
the Agricultural Act of 2014 (7 U.S.C. 9060) is amended—
(A) in subsections (a) and (c), by striking ‘‘the margin
protection program’’ each place it appears and inserting
‘‘dairy margin coverage’’; and
(B) in subsection (b), by striking ‘‘margin protection’’
and inserting ‘‘dairy margin coverage’’.
(l) DURATION.—Section 1409 of the Agricultural Act of 2014
(7 U.S.C. 9059) is amended—
(1) by striking ‘‘The margin protection program’’ and
inserting ‘‘Dairy margin coverage’’; and
(2) by striking ‘‘2018’’ and inserting ‘‘2023’’.
(m) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2019.
SEC. 1402. REAUTHORIZATIONS.
(a) FORWARD PRICING.—Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—
(1) in paragraph (1), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(2) in paragraph (2), by striking ‘‘2021’’ and inserting
‘‘2026’’.
(b) INDEMNITY PROGRAM.—Section 3 of Public Law 90–484 (7
U.S.C. 4553) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
(c) PROMOTION AND RESEARCH.—Section 113(e)(2) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 1403. CLASS I SKIM MILK PRICE.
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(a) CLASS I SKIM MILK PRICE.—Section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is
amended by striking ‘‘Throughout’’ in the third sentence and all
that follows through the period at the end of the fourth sentence
and inserting ‘‘Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period
unless modified by amendment to the order involved), for purposes
of determining prices for milk of the highest use classification,
the Class I skim milk price per hundredweight specified in section
1000.50(b) of title 7, Code of Federal Regulations (or successor
regulations), shall be the sum of the adjusted Class I differential
specified in section 1000.52 of such title 7 (or successor regulations),
plus the adjustment to Class I prices specified in sections 1005.51(b),
1006.51(b), and 1007.51(b) of such title 7 (or successor regulations),
plus the simple average of the advanced pricing factors computed
in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulations), plus $0.74.’’.
(b) EFFECTIVE DATE AND IMPLEMENTATION.—
(1) EFFECTIVE DATE.—The amendment made by subsection
(a) shall take effect on the first day of the first month beginning
more than 120 days after the date of enactment of this Act.
(2) IMPLEMENTATION.—Implementation of the amendment
made by subsection (a) shall not be subject to any of the
following:
(A) The notice and comment provisions of section 553
of title 5, United States Code.
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132 STAT. 4519
(B) The notice and hearing requirements of section
8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937.
(C) The order amendment requirements of section
8c(17) of that Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of that Act
(7 U.S.C. 608c(19)).
SEC. 1404. DAIRY PRODUCT DONATION.
(a) REPEAL OF DAIRY PRODUCT DONATION PROGRAM.—Section
1431 of the Agricultural Act of 2014 (7 U.S.C. 9071) is repealed.
(b) MILK DONATION PROGRAM.—
(1) IN GENERAL.—Part III of subtitle D of title I of the
Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 695)
is amended to read as follows:
‘‘PART III—MILK DONATION PROGRAM
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‘‘SEC. 1431. MILK DONATION PROGRAM.
7 USC 9071.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE DAIRY ORGANIZATION.—The term ‘eligible
dairy organization’ means a dairy farmer (either individually
or as part of a cooperative), or a dairy processor, who—
‘‘(A) accounts to a Federal milk marketing order
marketwide pool; and
‘‘(B) incurs qualified expenses under subsection (e).
‘‘(2) ELIGIBLE DISTRIBUTOR.—The term ‘eligible distributor’
means a public or private nonprofit organization that distributes donated eligible milk.
‘‘(3) ELIGIBLE MILK.—The term ‘eligible milk’ means Class
I fluid milk products produced and processed in the United
States.
‘‘(4) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’
means a partnership between an eligible dairy organization
and an eligible distributor.
‘‘(5) PARTICIPATING PARTNERSHIP.—The term ‘participating
partnership’ means an eligible partnership for which the Secretary has approved a donation and distribution plan for eligible
milk under subsection (c)(2).
‘‘(b) PROGRAM REQUIRED; PURPOSES.—Not later than 180 days
after the date of enactment of the Agriculture Improvement Act
of 2018, the Secretary shall establish and administer a milk donation program for the purposes of—
‘‘(1) encouraging the donation of eligible milk;
‘‘(2) providing nutrition assistance to individuals in lowincome groups; and
‘‘(3) reducing food waste.
‘‘(c) DONATION AND DISTRIBUTION PLANS.—
‘‘(1) IN GENERAL.—To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to
the Secretary a donation and distribution plan that—
‘‘(A) describes the process that the eligible partnership
will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk;
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132 STAT. 4520
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(B) includes an estimate of the quantity of eligible
milk that the eligible partnership will donate each year,
based on—
‘‘(i) preplanned donations; and
‘‘(ii) contingency plans to address unanticipated
donations; and
‘‘(C) describes the rate at which the eligible partnership
will be reimbursed, which shall be based on a percentage
of the limitation described in subsection (e)(2), not to exceed
100 percent.
‘‘(2) REVIEW AND APPROVAL.—Not less frequently than
annually, the Secretary shall—
‘‘(A) review donation and distribution plans submitted
under paragraph (1); and
‘‘(B) determine whether to approve or disapprove each
of those donation and distribution plans.
‘‘(d) REIMBURSEMENT.—
‘‘(1) IN GENERAL.—On receipt of appropriate documentation
under paragraph (2), the Secretary shall reimburse an eligible
dairy organization that is a member of a participating partnership on a regular basis for qualified expenses described in
subsection (e).
‘‘(2) DOCUMENTATION.—
‘‘(A) IN GENERAL.—An eligible dairy organization shall
submit to the Secretary such documentation as the Secretary may require to demonstrate the qualified expenses
described in subsection (e) of the eligible dairy organization.
‘‘(B) VERIFICATION.—The Secretary may verify the
accuracy of documentation submitted under subparagraph
(A) by spot checks and audits.
‘‘(3)
RETROACTIVE
REIMBURSEMENT.—In
providing
reimbursements under paragraph (1), the Secretary may provide reimbursements for qualified expenses incurred before the
date on which the donation and distribution plan for the
applicable participating partnership was approved by the Secretary.
‘‘(e) QUALIFIED EXPENSES.—
‘‘(1) IN GENERAL.—The amount of a reimbursement under
subsection (d) shall be an amount equal to the product of—
‘‘(A) the quantity of eligible milk donated by the eligible
dairy organization under a donation and distribution plan
approved by the Secretary under subsection (c); and
‘‘(B) subject to the limitation under paragraph (2), the
rate described in that donation and distribution plan under
subsection (c)(1)(C).
‘‘(2) LIMITATION.—Expenses eligible for reimbursement
under subsection (d) shall not exceed the value that an eligible
dairy organization incurred by accounting to the Federal milk
marketing order pool at the difference in the Class I milk
value and the lowest classified price for the applicable month
(either Class III milk or Class IV milk).
‘‘(f) PREAPPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) establish a process for an eligible partnership
to apply for preapproval of donation and distribution plans
under subsection (c); and
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132 STAT. 4521
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‘‘(B) not less frequently than annually, preapprove an
amount for qualified expenses described in subsection (e)
that the Secretary will allocate for reimbursement under
each donation and distribution plan preapproved under
subparagraph (A), based on an assessment of—
‘‘(i) the feasibility of the plan; and
‘‘(ii) the extent to which the plan advances the
purposes described in subsection (b).
‘‘(2) PREFERENCE.—In preapproving amounts for reimbursement under paragraph (1)(B), the Secretary shall give preference to eligible partnerships that will provide funding and
in-kind contributions in addition to the reimbursements.
‘‘(3) ADJUSTMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall adjust or
increase amounts preapproved for reimbursement under
paragraph (1)(B) based on performance and demand.
‘‘(B) REQUESTS FOR INCREASE.—
‘‘(i) IN GENERAL.—The Secretary shall establish a
procedure for a participating partnership to request
an increase in the amount preapproved for reimbursement under paragraph (1)(B) based on changes in
conditions.
‘‘(ii) INTERIM APPROVAL; INCREMENTAL INCREASE.—
The Secretary may provide an interim approval of an
increase requested under clause (i) and an incremental
increase in the amount of reimbursement to the
applicable participating partnership to allow time for
the Secretary to review the request without interfering
with the donation and distribution of eligible milk by
the participating partnership.
‘‘(g) PROHIBITION ON RESALE OF PRODUCTS.—
‘‘(1) IN GENERAL.—An eligible distributor that receives
eligible milk donated under this section may not sell the products back into commercial markets.
‘‘(2) PROHIBITION ON FUTURE PARTICIPATION.—An eligible
distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation
in the program established under this section.
‘‘(h) ADMINISTRATION.—The Secretary shall publicize opportunities to participate in the program established under this section.
‘‘(i) REVIEWS.—The Secretary shall conduct appropriate reviews
or audits to ensure the integrity of the program established under
this section.
‘‘(j) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $9,000,000
for fiscal year 2019, and $5,000,000 for each fiscal year thereafter,
to remain available until expended.’’.
(2) CONFORMING AMENDMENT.—Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended, in the matter
preceding paragraph (1), by striking ‘‘and part III’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
Subtitle E—Supplemental Agricultural
Disaster Assistance
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
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(a) MEMBERS OF INDIAN TRIBES.—Section 1501(a)(1)(B) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is amended—
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following:
‘‘(iii) an Indian tribe or tribal organization (as those
terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304));’’.
(b) COVERED LIVESTOCK LOSSES FOR LIVESTOCK INDEMNITY PAYMENTS.—Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C.
9081(b)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subparagraph (A);
(B) in subparagraph (B), by striking ‘‘cold.’’ and
inserting ‘‘cold, on the condition that in the case of the
death loss of unweaned livestock due to that adverse
weather, the Secretary may disregard any management
practice, vaccination protocol, or lack of vaccination by
the eligible producer on a farm; or’’; and
(C) by adding at the end the following new subparagraph:
‘‘(C) disease that, as determined by the Secretary—
‘‘(i) is caused or transmitted by a vector; and
‘‘(ii) is not susceptible to control by vaccination
or acceptable management practices.’’; and
(2) in paragraph (4), by striking ‘‘A payment’’ and inserting
‘‘PAYMENT REDUCTIONS.—A payment’’.
(c) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND
FARM-RAISED FISH.—
(1) IN GENERAL.—Section 1501(d)(2) of the Agricultural Act
of 2014 (7 U.S.C. 9081(d)(2)) is amended by inserting ‘‘,
including inspections of cattle tick fever’’ before the period
at the end.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to inspections of cattle tick fever conducted
on or after the date of enactment of this Act.
(d) TREE ASSISTANCE PROGRAM.—Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended—
(1) in paragraph (3), in the matter preceding subparagraph
(A), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4)
and (5)’’; and
(2) by adding at the end the following:
‘‘(5) PAYMENT RATE FOR BEGINNING AND VETERAN PRODUCERS.—Subject to paragraph (4), in the case of a beginning
farmer or rancher or a veteran farmer or rancher (as those
terms are defined in subsection (a) of section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279)) that is eligible to receive assistance under this
subsection, the Secretary shall provide reimbursement of 75
percent of the costs under subparagraphs (A)(i) and (B) of
paragraph (3).’’.
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132 STAT. 4523
(e) PAYMENT LIMITATION.—Section 1501(f)(2) of the Agricultural
Act of 2014 (7 U.S.C. 9081(f)(2)) is amended by striking ‘‘this
section (excluding payments received under subsections (b) and
(e))’’ and inserting ‘‘subsection (c)’’.
Subtitle F—Noninsured Crop Assistance
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SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by adding at the end the following:
‘‘(C) DATA COLLECTION AND SHARING.—The Secretary
shall coordinate with the Administrator of the Risk
Management Agency on the type and format of data
received under the noninsured crop disaster assistance program that—
‘‘(i) best facilitates the use of that data in developing policies or plans of insurance offered under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
and
‘‘(ii) ensures the availability of that data on a
regular basis.
‘‘(D) COORDINATION.—The Secretary shall coordinate
between the agencies of the Department that provide programs or services to farmers and ranchers that are potentially eligible for the noninsured crop disaster assistance
program under this section—
‘‘(i) to make available coverage under—
‘‘(I) the fee waiver under subsection (k)(2); or
‘‘(II) the premium discount under subsection
(l)(3); and
‘‘(ii) to share eligibility information to reduce
paperwork and avoid duplication.’’;
(B) in paragraph (2), by striking subparagraph (A)
and inserting the following:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in this
section, the term ‘eligible crop’ means each commercial
crop or other agricultural commodity that is produced for
food or fiber (except livestock) for which catastrophic risk
protection under subsection (b) of section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) and additional coverage
under subsections (c) and (h) of such section are not available or, if such coverage is available, it is only available
under a policy that provides coverage for specific intervals
based on weather indexes or under a whole farm plan
of insurance.’’; and
(C) in paragraph (4)(B)—
(i) by striking clause (i) and inserting the following:
‘‘(i) IN GENERAL.—
‘‘(I) AGRICULTURAL ACT OF 2014.—During the
first 4 crop years of planting, as determined by
the Secretary, native sod acreage that has been
tilled for the production of an annual crop during
the period beginning on February 8, 2014, and
ending on the date of enactment of the Agriculture
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Improvement Act of 2018 shall be subject to a
reduction in benefits under this section as
described in this subparagraph.
‘‘(II) SUBSEQUENT YEARS.—Native sod acreage
that has been tilled for the production of an eligible
crop after the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to a
reduction in benefits under this section as
described in this subparagraph for not more than
any 4 crop years—
‘‘(aa) during the first 10 crop years after
the initial tillage; and
‘‘(bb) during which a crop on that acreage
is enrolled under subsection (l)(2) or (k).’’; and
(ii) in clause (iii)(I), by striking ‘‘transitional yield
of the producer’’ and inserting ‘‘county expected yield’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘not later than 30
days’’ and inserting ‘‘by an appropriate deadline’’; and
(B) by adding at the end the following:
‘‘(4) STREAMLINED SUBMISSION PROCESS.—The Secretary
shall establish a streamlined process for the submission of
records and acreage reports under paragraphs (2) and (3) for
diverse production systems such as those typical of urban
production systems, other small-scale production systems, and
direct-to-consumer production systems.’’;
(3) in subsection (d)—
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated) the following:
‘‘(1) the producer’s share of the total acres devoted to the
eligible crop; by’’; and
(C) in paragraph (2) (as so redesignated), by striking
‘‘established yield for the crop’’ and inserting ‘‘approved
yield for the crop, as determined by the Secretary’’;
(4) in subsection (e)—
(A) in paragraph (1), by striking ‘‘farm’’ and inserting
‘‘approved’’;
(B) in paragraph (2)—
(i) in the second sentence—
(I) by inserting ‘‘approved’’ before ‘‘yield’’; and
(II) by striking ‘‘Subject’’ and inserting the
following:
‘‘(B) CALCULATION.—Subject’’; and
(ii) in the matter preceding subparagraph (B) (as
so designated)—
(I) by striking ‘‘yield coverage’’ and inserting
‘‘an approved yield’’; and
(II) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(C) in paragraph (3), by striking ‘‘transitional yield
of the producer’’ and inserting ‘‘county expected yield’’;
(5) in subsection (i)(2), by striking ‘‘exceed $125,000’’ and
inserting the following: ‘‘exceed—
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132 STAT. 4525
‘‘(A) in the case of catastrophic coverage under subsection (c), $125,000; and
‘‘(B) in the case of additional coverage under subsection
(l), $300,000’’;
(6) in subsection (k)(1)—
(A) in subparagraph (A), by striking ‘‘$250’’ and
inserting ‘‘$325’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘$750’’ and inserting ‘‘$825’’; and
(ii) by striking ‘‘$1,875’’ and inserting ‘‘$1,950’’;
and
(7) in subsection (l)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (A), (B), and
(C) as subparagraphs (B), (C), and (D), respectively;
(ii) by inserting before subparagraph (B) (as so
redesignated) the following:
‘‘(A) the producer’s share of the total acres devoted
to the crop;’’; and
(iii) in subparagraph (C) (as so redesignated), by
inserting ‘‘, contract price, or other premium price (such
as a local, organic, or direct market price, as elected
by the producer)’’ after ‘‘price’’;
(B) in paragraph (2)(B)(i)—
(i) in subclause (IV), by striking ‘‘and’’ at the end;
(ii) in subclause (V), by striking ‘‘or’’ at the end
and inserting ‘‘and’’; and
(iii) by adding at the end the following:
‘‘(VI) the producer’s share of the crop; or’’;
(C) by striking paragraphs (3) and (5); and
(D) by redesignating paragraph (4) as paragraph (3).
Subtitle G—Administration
SEC. 1701. REGULATIONS.
Section 1601(c)(2) of the Agricultural Act of 2014 (7 U.S.C.
9091(c)(2)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘title and sections 11003 and 11017’’ and inserting ‘‘title, sections 11003 and 11017, title I of the Agriculture Improvement
Act of 2018 and the amendments made by that title, and
section 10109 of that Act’’;
(2) in subparagraph (A), by adding ‘‘and’’ at the end;
(3) in subparagraph (B), by striking ‘‘; and’’ and inserting
a period; and
(4) by striking subparagraph (C).
SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
Section 1602 of the Agricultural Act of 2014 (7 U.S.C. 9092)
is amended by striking ‘‘2018’’ each place it appears and inserting
‘‘2023’’.
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SEC. 1703. PAYMENT LIMITATIONS.
(a) IN GENERAL.—Section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended—
(1) in subsection (a)—
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7 USC 1308 note.
PUBLIC LAW 115–334—DEC. 20, 2018
(A) in paragraph (1), by striking ‘‘section 1001 of the
Food, Conservation, and Energy Act of 2008’’ and inserting
‘‘section 1111 of the Agricultural Act of 2014 (7 U.S.C.
9011)’’; and
(B) in paragraph (2), by inserting ‘‘first cousin, niece,
nephew,’’ after ‘‘sibling,’’;
(2) in subsections (b) and (c), by striking ‘‘and as marketing
loan gains or loan deficiency payments under subtitle B of
title I of the Agricultural Act of 2014’’ each place it appears
and inserting ‘‘of the Agricultural Act of 2014 (7 U.S.C. 9016,
9017)’’; and
(3) in subsection (f), by adding at the end the following:
‘‘(9) ADMINISTRATION OF REDUCTION.—The Secretary shall
apply any order described in section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) to payments under
sections 1116 and 1117 of that Act (7 U.S.C. 9016, 9017) prior
to applying payment limitations under this section.’’.
(b) APPLICATION.—The amendments made by this section shall
apply beginning with the 2019 crop year.
SEC. 1704. ADJUSTED GROSS INCOME LIMITATIONS.
7 USC 1308–3a
note.
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7 USC 6932 note.
(a) WAIVER.—Section 1001D(b) of the Food Security Act of
1985 (7 U.S.C. 1308–3a(b)) is amended—
(1) in paragraph (2)(C), by inserting ‘‘title II of the Agriculture Improvement Act of 2018,’’ after ‘‘under’’; and
(2) by adding at the end the following:
‘‘(3) WAIVER.—The Secretary may waive the limitation
established by paragraph (1) with respect to a payment pursuant to a covered benefit described in paragraph (2)(C), on a
case-by-case basis, if the Secretary determines that environmentally sensitive land of special significance would be protected as a result of such waiver.’’.
(b) CONFORMING AMENDMENT.—Section 1001D(b)(1) of the Food
Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)) is amended by
inserting ‘‘subject to paragraph (3),’’ after ‘‘of law,’’.
(c) TRANSITION.—Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308–3a), as in effect on the day before the date
of enactment of this Act, shall apply with respect to the 2018
crop, fiscal, or program year, as appropriate, for each program
described in subsection (b)(2) of that section (as so in effect on
that day).
SEC. 1705. FARM SERVICE AGENCY ACCOUNTABILITY.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish policies, procedures,
and plans to improve program accountability and integrity through
targeted and coordinated activities, including utilizing data mining
to identify and reduce errors, waste, fraud, and abuse in programs
administered by the Farm Service Agency.
(b) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the progress and results of the activities conducted under
subsection (a).
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4527
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SEC. 1706. IMPLEMENTATION.
(a) MAINTENANCE OF BASE ACRES AND PAYMENT YIELDS.—Section 1614(a) of the Agricultural Act of 2014 (7 U.S.C. 9097(a))
is amended by inserting ‘‘, and as adjusted pursuant to sections
1112 and 1113’’ before the period at the end.
(b) STREAMLINING.—Section 1614 of the Agricultural Act of
2014 (7 U.S.C. 9097) is amended by striking subsection (b) and
inserting the following:
‘‘(b) STREAMLINING.—In implementing this title and the amendments made by this title, the Secretary shall—
‘‘(1) continue to reduce administrative burdens and costs
to producers by streamlining and reducing paperwork, forms,
and other administrative requirements, to ensure that—
‘‘(A) a producer (or an agent of a producer) may report
information, electronically (including geospatial data) or
conventionally, to the Department of Agriculture, subject
to the Secretary—
‘‘(i) establishing reasonable levels of tolerance that
reflect the differences in accuracy between measures
of common land units and geospatial data; and
‘‘(ii) ensuring that discrepancies that occur within
the levels of tolerance established under clause (i) shall
not be used to penalize a producer (or an agent of
a producer) under any program administered by the
Department of Agriculture;
‘‘(B) on the request of a producer (or an agent of
a producer), the Department of Agriculture electronically
shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit
data, related farm level data, conservation practices, and
other information of the producer through a single Department of Agriculture-wide login;
‘‘(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of the Farm Service Agency shall implement a consistent method for determining crop acreage, acreage yields,
farm acreage, property descriptions, and other common
informational requirements, including measures of common
land units;
‘‘(D) except in the case of misrepresentation, fraud,
or scheme and device, no crop insurance agent, approved
insurance provider, or employee or contractor of a crop
insurance agency or approved insurance provider bears
responsibility or liability under the Acreage Crop Reporting
and Streamlining Initiative (or any successor or similar
initiative) for the eligibility of a producer for a program
administered by the Department of Agriculture, not
including a policy or plan of insurance offered under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
‘‘(E) on request of a crop insurance agent or approved
insurance provider required to deliver policies and plans
of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) the crop insurance agent or approved
insurance provider receives, in a timely manner, any
information held by the Farm Service Agency that is necessary to ensure effective crop insurance coverage for
farmer customers;
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132 STAT. 4528
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(2) continue to improve coordination, information sharing,
and administrative work among the Farm Service Agency, Risk
Management Agency, Natural Resources Conservation Service,
and other agencies, as determined by the Secretary;
‘‘(3) continue to take advantage of new technologies to
enhance the efficiency and effectiveness of the delivery of
Department of Agriculture programs to producers, including
by developing and making publicly available data standards
and security procedures to allow third-party providers to
develop applications that use or feed data (including geospatial
and precision agriculture data) into the datasets and analyses
of the Department of Agriculture; and
‘‘(4) reduce administrative burdens on producers participating in price loss coverage or agriculture risk coverage by
offering—
‘‘(A) those producers an option to remotely and electronically sign annual contracts for that coverage; and
‘‘(B) to the maximum extent practicable, an option
to sign a multiyear contract for that coverage.’’.
(c) IMPLEMENTATION.—Section 1614(c) of the Agricultural Act
of 2014 (7 U.S.C. 9097(c)) is amended by adding at the end the
following:
‘‘(4) AGRICULTURE IMPROVEMENT ACT OF 2018.—The Secretary shall make available to the Farm Service Agency to
carry out title I of the Agriculture Improvement Act of 2018
and the amendments made by that title $15,500,000.’’.
(d) LOAN IMPLEMENTATION.—Section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended by striking
‘‘under subtitles’’ and all that follows through ‘‘except’’ and inserting
‘‘under subtitle B or C, under the amendments made by subtitle
B or C, or under the amendments made by subtitle B or C of
the Agriculture Improvement Act of 2018, except’’.
(e) DEOBLIGATION OF UNLIQUIDATED OBLIGATIONS.—Section
1614 of the Agricultural Act of 2014 (7 U.S.C. 9097) is amended
by adding at the end the following:
‘‘(e) DEOBLIGATION OF UNLIQUIDATED OBLIGATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), any payment
obligated or otherwise made available by the Secretary under
this title on or after the date of enactment of the Agriculture
Improvement Act of 2018 that is not disbursed to the recipient
by the date that is 5 years after the date on which the payment
is obligated or otherwise made available shall—
‘‘(A) be deobligated; and
‘‘(B) revert to the Treasury.
‘‘(2) OUTSTANDING PAYMENTS.—
‘‘(A) IN GENERAL.—Subject to paragraph (3), any payment obligated or otherwise made available by the Farm
Service Agency (or any predecessor agency of the Department of Agriculture) under the laws described in subparagraph (B) before the date of enactment of the Agriculture
Improvement Act of 2018, that is not disbursed by the
date that is 5 years after the date on which the payment
is obligated or otherwise made available shall—
‘‘(i) be deobligated; and
‘‘(ii) revert to the Treasury.
‘‘(B) LAWS DESCRIBED.—The laws referred to in
subparagraph (A) are any of the following:
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132 STAT. 4529
‘‘(i) This title.
‘‘(ii) Title I of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8702 et seq.).
‘‘(iii) Title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.).
‘‘(iv) The Agricultural Market Transition Act (7
U.S.C. 7201 et seq.).
‘‘(v) Titles I through XI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101–
624; 104 Stat. 3374) and the amendments made by
those titles.
‘‘(vi) Titles I through X of the Food Security Act
of 1985 (Public Law 99–198; 99 Stat. 1362) and the
amendments made by those titles.
‘‘(vii) Titles I through XI of the Agriculture and
Food Act of 1981 (Public Law 97–98; 95 Stat. 1218)
and the amendments made by those titles.
‘‘(viii) Titles I through X of the Food and Agriculture Act of 1977 (Public Law 95–113; 91 Stat. 917)
and the amendments made by those titles.
‘‘(3) WAIVER.—The Secretary may delay the date of the
deobligation and reversion under paragraph (1) or (2) of any
payment—
‘‘(A) that is the subject of—
‘‘(i) ongoing administrative review or appeal;
‘‘(ii) litigation; or
‘‘(iii) the settlement of an estate; or
‘‘(B) for which the Secretary otherwise determines that
the circumstances are such that the delay is equitable.’’.
(f) REPORT.—Section 1614 of the Agricultural Act of 2014 (7
U.S.C. 9097) (as amended by subsection (e)) is amended by adding
at the end the following:
‘‘(f) REPORT.—Not later than January 1, 2020, and each January
1 thereafter through January 1, 2023, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes the tilled native sod acreage that
was subject to a reduction in benefits under section 196(a)(4)(B)
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333(a)(4)(B) and section 508(o)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)(2))—
‘‘(1) as of the date of submission of the report; and
‘‘(2) by State and county, relative to the total acres of
cropland in the State or county.’’.
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SEC. 1707. EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS
FOR CERTAIN PRODUCERS.
31 USC 6101
note.
(a) DEFINITION OF EXEMPTED PRODUCER.—In this section, the
term ‘‘exempted producer’’ means an individual or entity that is
eligible to participate in—
(1) a conservation program under title II or a law amended
by title II;
(2) an indemnity or disease control program under the
Animal Health Protection Act (7 U.S.C. 8301 et seq.) or the
Plant Protection Act (7 U.S.C. 7701 et seq.); or
(3) a commodity program under title I of the Agricultural
Act of 2014 (7 U.S.C. 9011 et seq.), excluding the assistance
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provided to users of cotton under sections 1207(c) and 1208
of that Act (7 U.S.C. 9037(c), 9038).
(b) EXEMPTION.—Notwithstanding the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109–
282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170
of title 2, Code of Federal Regulations (or successor regulations),
shall not apply with respect to assistance received by an exempted
producer from the Secretary, acting through the Chief of the Natural
Resources Conservation Service, the Administrator of the Animal
and Plant Health Inspection Service, or the Administrator of the
Farm Service Agency.
TITLE II—CONSERVATION
Subtitle A—Wetland Conservation
SEC. 2101. WETLAND CONVERSION.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C.
3821(d)) is amended—
(1) by striking ‘‘Except as’’ and inserting the following:
‘‘(1) IN GENERAL.—Except as’’; and
(2) by adding at the end the following:
‘‘(2) DUTY OF THE SECRETARY.—No person shall become
ineligible under paragraph (1) if the Secretary determines that
an exemption under section 1222(b) applies to that person.’’.
SEC. 2102. WETLAND CONSERVATION.
Section 1222(c) of the Food Security Act of 1985 (16 U.S.C.
3822(c)) is amended—
(1) by striking ‘‘No program’’ and inserting the following:
‘‘(1) IN GENERAL.—No program’’;
(2) in paragraph (1) (as so designated), by inserting ‘‘,
which, except as provided in paragraph (2), shall be conducted
in the presence of the affected person’’ before the period at
the end; and
(3) by adding at the end the following:
‘‘(2) EXCEPTION.—The Secretary may conduct an on-site
visit under paragraph (1) without the affected person present
if the Secretary has made a reasonable effort to include the
presence of the affected person at the on-site visit.’’.
SEC. 2103. MITIGATION BANKING.
Section 1222(k)(1)(B) of the Food Security Act of 1985 (16
U.S.C. 3822(k)(1)(B)) is amended to read as follows:
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry
out this paragraph $5,000,000 for each of fiscal years 2019
through 2023.’’.
Subtitle B—Conservation Reserve Program
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SEC. 2201. CONSERVATION RESERVE.
(a) IN GENERAL.—Section 1231(a) of the Food Security Act
of 1985 (16 U.S.C. 3831(a)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4531
(b) ELIGIBLE LAND.—Section 1231(b) of the Food Security Act
of 1985 (16 U.S.C. 3831(b)) is amended—
(1) in paragraph (1)(B), by striking ‘‘Agricultural Act of
2014 (except for land enrolled in the conservation reserve program as of that date)’’ and inserting ‘‘Agriculture Improvement
Act of 2018, on the condition that the Secretary shall consider
to be planted cropland enrolled in the conservation reserve
program’’;
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(3) by inserting after paragraph (3) the following:
‘‘(4) cropland, marginal pasture land, and grasslands that
will have a positive impact on water quality and will be devoted
to—
‘‘(A) a grass sod waterway;
‘‘(B) a contour grass sod strip;
‘‘(C) a prairie strip;
‘‘(D) a filterstrip;
‘‘(E) a riparian buffer;
‘‘(F) a wetland or a wetland buffer;
‘‘(G) a saturated buffer;
‘‘(H) a bioreactor; or
‘‘(I) another similar water quality practice, as determined by the Secretary;’’;
(4) in paragraph (5) (as so redesignated)—
(A) in subparagraph (C), by striking ‘‘or filterstrips
or riparian buffers devoted to trees, shrubs, or grasses’’
and inserting ‘‘salt tolerant vegetation, field borders, or
practices to benefit State or federally identified wellhead
protection areas’’; and
(B) in subparagraph (E), by striking ‘‘or’’ after the
semicolon;
(5) in paragraph (6) (as so redesignated), in subparagraph
(B)(ii), by striking the period at the end and inserting ‘‘; or’’;
and
(6) by adding at the end the following:
‘‘(7) as determined by the Secretary, land—
‘‘(A) that was enrolled in the conservation reserve program under a 15-year contract that expired on September
30, 2017, or September 30, 2018;
‘‘(B) for which there was no opportunity for additional
enrollment in that program; and
‘‘(C) on which the conservation practice under the
expired contract under subparagraph (A) is maintained.’’.
(c) ENROLLMENT.—Section 1231(d) of the Food Security Act
of 1985 (16 U.S.C. 3831(d)) is amended—
(1) in paragraph (1), by striking subparagraphs (A) through
(E) and inserting the following:
‘‘(A) fiscal year 2019, not more than 24,000,000 acres;
‘‘(B) fiscal year 2020, not more than 24,500,000 acres;
‘‘(C) fiscal year 2021, not more than 25,000,000 acres;
‘‘(D) fiscal year 2022, not more than 25,500,000 acres;
and
‘‘(E) fiscal year 2023, not more than 27,000,000 acres.’’;
(2) in paragraph (2)—
(A) by striking subparagraphs (A) and (B) and inserting
the following:
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132 STAT. 4532
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(A) LIMITATION.—For purposes of applying the limitations in paragraph (1)—
‘‘(i) the Secretary shall enroll and maintain in
the conservation reserve not fewer than 2,000,000 acres
of the land described in subsection (b)(3) by September
30, 2023; and
‘‘(ii) in carrying out clause (i), to the maximum
extent practicable, the Secretary shall maintain in the
conservation reserve at any one time during—
‘‘(I) fiscal year 2019, 1,000,000 acres;
‘‘(II) fiscal year 2020, 1,500,000 acres; and
‘‘(III) fiscal years 2021 through 2023, 2,000,000
acres.
‘‘(B) PRIORITY.—In enrolling acres under subparagraph
(A), the Secretary may give priority to land, as determined
by the Secretary—
‘‘(i) with expiring conservation reserve contracts;
‘‘(ii) at risk of conversion or development; or
‘‘(iii) of ecological significance, including land
that—
‘‘(I) may assist in the restoration of threatened
or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
‘‘(II) may assist in preventing a species from
being listed as a threatened or endangered species
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
‘‘(III) improves or creates wildlife habitat corridors.’’;
(B) in subparagraph (C)—
(i) by striking ‘‘In enrolling’’ and inserting the following:
‘‘(i) IN GENERAL.—In enrolling’’;
(ii) in clause (i) (as so designated), by striking
‘‘a continuous’’ and inserting ‘‘an annual’’; and
(iii) by adding at the end the following:
‘‘(ii) TIMING OF GRASSLAND RANKING PERIOD.—For
purposes of grasslands described in subsection (b)(3),
the Secretary shall announce at least 1 ranking period
subsequent to the announcement of general enrollment
offers.’’; and
(C) by adding at the end the following:
‘‘(D) RESERVATION OF UNENROLLED ACRES.—If the Secretary is unable in a fiscal year to enroll enough acres
of land described in subsection (b)(3) to meet the number
of acres described in clause (ii) or (iii) of subparagraph
(A) for the fiscal year—
‘‘(i) the Secretary shall reserve the remaining
number of acres for that fiscal year for the enrollment
of land described in subsection (b)(3); and
‘‘(ii) that number of acres shall not be available
for the enrollment of any other type of eligible land.’’;
and
(3) by adding at the end the following:
‘‘(3) WATER QUALITY PRACTICES TO FOSTER CLEAN LAKES,
ESTUARIES, AND RIVERS (CLEAR INITIATIVE).—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4533
‘‘(A) IN GENERAL.—The Secretary shall give priority
within continuous enrollment under paragraph (6) to the
enrollment of land described in subsection (b)(4).
‘‘(B) SEDIMENT AND NUTRIENT LOADINGS.—In carrying
out subparagraph (A), the Secretary shall give priority
to the implementation of practices on land that, if enrolled,
will help reduce sediment loadings, nutrient loadings, and
harmful algal blooms, as determined by the Secretary.
‘‘(C) ACREAGE.—
‘‘(i) IN GENERAL.—Of the acres maintained in the
conservation reserve in accordance with paragraph (1),
to the maximum extent practicable, not less than 40
percent of acres enrolled in the conservation reserve
using continuous enrollment under paragraph (6) shall
be of land described in subsection (b)(4).
‘‘(ii) LIMITATION.—The acres described in clause
(i) shall not include grasslands described in subsection
(b)(3).
‘‘(D) REPORT.—The Secretary shall—
‘‘(i) in the monthly publication of the Secretary
describing conservation reserve program statistics,
include a description of enrollments through the priority under this paragraph; and
‘‘(ii) publish on the website of the Farm Service
Agency an annual report describing a summary of,
with respect to the enrollment priority under this paragraph—
‘‘(I) new enrollments;
‘‘(II) expirations;
‘‘(III) geographic distribution; and
‘‘(IV) estimated water quality benefits.
‘‘(4) STATE ENROLLMENT RATES.—At the beginning of each
of fiscal years 2019 through 2023, to the maximum extent
practicable, the Secretary shall allocate to the States proportionately 60 percent of the available number of acres each
year for enrollment in the conservation reserve, in accordance
with historical State enrollment rates, taking into consideration—
‘‘(A) the average number of acres of all land enrolled
in the conservation reserve in each State during each of
fiscal years 2007 through 2016;
‘‘(B) the average number of acres of all land enrolled
in the conservation reserve nationally during each of fiscal
years 2007 through 2016; and
‘‘(C) the acres available for enrollment during each
of fiscal years 2019 through 2023, excluding acres described
in paragraph (2).
‘‘(5) FREQUENCY.—In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis,
the Secretary shall hold a signup and enrollment not less
often than once each year.
‘‘(6) CONTINUOUS ENROLLMENT PROCEDURE.—
‘‘(A) IN GENERAL.—To the maximum extent practicable,
the Secretary shall allow producers to submit applications
on a continuous basis for enrollment in—
‘‘(i) the conservation reserve of—
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‘‘(I) marginal pasture land described in subsection (b)(2);
‘‘(II) land described in subsection (b)(4); and
‘‘(III) cropland described in subsection (b)(5);
and
‘‘(ii) the conservation reserve enhancement program under section 1231A.
‘‘(B) LIMITATION.—For purposes of applying the limitations in paragraph (1)—
‘‘(i) the Secretary shall, to the maximum extent
practicable, enroll and maintain not fewer than
8,600,000 acres of land under subparagraph (A) by
September 30, 2023; and
‘‘(ii) in carrying out clause (i), to the maximum
extent practicable, the Secretary shall maintain in the
conservation reserve at any one time during—
‘‘(I) fiscal year 2019, 8,000,000 acres;
‘‘(II) fiscal year 2020, 8,250,000 acres;
‘‘(III) fiscal year 2021, 8,500,000 acres; and
‘‘(IV) fiscal years 2022 and 2023, 8,600,000
acres.’’.
(d) ELIGIBILITY FOR CONSIDERATION.—Section 1231(h) of the
Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended—
(1) by striking ‘‘On the expiration’’ and inserting the following:
‘‘(1) IN GENERAL.—On the expiration’’; and
(2) by adding at the end the following:
‘‘(2) REENROLLMENT LIMITATION FOR CERTAIN LAND.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), land subject to a contract entered into under this
subchapter shall be eligible for only one reenrollment in
the conservation reserve under paragraph (1) if the land
is devoted to hardwood trees.
‘‘(B) EXCLUSIONS.—Subparagraph (A) shall not apply
to—
‘‘(i) riparian forested buffers;
‘‘(ii) forested wetlands enrolled under subsection
(d)(3) or the conservation reserve enhancement program under section 1231A; and
‘‘(iii) shelterbelts.’’.
SEC. 2202. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
(a) IN GENERAL.—Subchapter B of chapter 1 of subtitle D
of title XII of the Food Security Act of 1985 is amended by inserting
after section 1231 (16 U.S.C. 3831) the following:
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16 USC 3831a.
‘‘SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CREP.—The term ‘CREP’ means a conservation reserve
enhancement program carried out under subsection (b)(1).
‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’ means land
that is eligible to be included in the program established under
this subchapter.
‘‘(3) ELIGIBLE PARTNER.—The term ‘eligible partner’
means—
‘‘(A) a State;
‘‘(B) a political subdivision of a State;
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‘‘(C) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)); or
‘‘(D) a nongovernmental organization.
‘‘(4) MANAGEMENT.—The term ‘management’ means an
activity conducted by an owner or operator under a contract
entered into under this subchapter after the establishment
of a conservation practice on eligible land, to regularly maintain
or enhance the vegetative cover established by the conservation
practice—
‘‘(A) throughout the term of the contract; and
‘‘(B) consistent with the conservation plan that covers
the eligible land.
‘‘(b) AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary may enter into an agreement with an eligible partner to carry out a conservation
reserve enhancement program—
‘‘(A) to assist in enrolling eligible land in the program
established under this subchapter; and
‘‘(B) that the Secretary determines will advance the
purposes of this subchapter.
‘‘(2) CONTENTS.—An agreement entered into under paragraph (1) shall—
‘‘(A) describe—
‘‘(i) 1 or more specific State or nationally significant
conservation concerns to be addressed by the agreement;
‘‘(ii)
quantifiable
environmental
goals
for
addressing the concerns under clause (i);
‘‘(iii) a suitable acreage goal for enrollment of
eligible land under the agreement, as determined by
the Secretary;
‘‘(iv) the location of eligible land to be enrolled
in the project area identified under the agreement;
‘‘(v) the payments to be offered by the Secretary
and eligible partner to an owner or operator; and
‘‘(vi) an appropriate list of conservation reserve
program conservation practices that are appropriate
to meeting the concerns described under clause (i),
as determined by the Secretary in consultation with
eligible partners;
‘‘(B) subject to subparagraph (C), require the eligible
partner to provide matching funds—
‘‘(i) in an amount determined during a negotiation
between the Secretary and 1 or more eligible partners,
if the majority of the matching funds to carry out
the agreement are provided by 1 or more eligible partners that are not nongovernmental organizations; or
‘‘(ii) in an amount not less than 30 percent of
the cost required to carry out the conservation measures and practices described in the agreement, if a
majority of the matching funds to carry out the agreement are provided by 1 or more nongovernmental
organizations; and
‘‘(C) include procedures to allow for a temporary waiver
of the matching requirements under subparagraph (B), or
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PUBLIC LAW 115–334—DEC. 20, 2018
continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements,
during a period when an eligible partner loses the authority
or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued
enrollment with a temporary suspension will advance the
purposes of this subchapter.
‘‘(3) EFFECT ON EXISTING AGREEMENTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), an
agreement under this subsection shall not affect, modify,
or interfere with existing agreements under this subchapter.
‘‘(B) MODIFICATION OF EXISTING AGREEMENTS.—To
implement this section, the signatories to an agreement
under this subsection may mutually agree to a modification
of an agreement entered into before the date of enactment
of this section under the Conservation Reserve Enhancement Program established by the Secretary under this
subchapter.
‘‘(c) PAYMENTS.—
‘‘(1) MATCHING REQUIREMENT.—Funds provided by an
eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary.
‘‘(2) MARGINAL PASTURELAND COST-SHARE PAYMENTS.—The
Secretary shall ensure that cost-share payments to an owner
or operator to install stream fencing, crossings, and alternative
water development on marginal pastureland under a CREP
reflect the fair market value of the cost of installation.
‘‘(3) COST-SHARE AND PRACTICE INCENTIVE PAYMENTS.—
‘‘(A) IN GENERAL.—On request of an owner or operator,
the Secretary shall provide cost-share payments when a
major component of a conservation practice is completed
under a CREP, as determined by the Secretary.
‘‘(B) EXEMPTION.—For purposes of implementing conservation practices on land enrolled under a CREP, the
Secretary may waive the contribution limitation described
in section 1234(b)(2)(A).
‘‘(4) RIPARIAN BUFFER MANAGEMENT PAYMENTS.—
‘‘(A) IN GENERAL.—In the case of an agreement under
subsection (b)(1) that includes riparian buffers as an
eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian
buffer throughout the term of the agreement, consistent
with the conservation plan that covers the eligible land.
‘‘(B) LIMITATION.—The amount of payments received
by an owner or operator under subparagraph (A) shall
not be greater than 100 percent of the normal and customary projected management cost, as determined by the
Secretary, in consultation with the applicable State technical committee established under section 1261(a).
‘‘(d) FORESTED RIPARIAN BUFFER PRACTICE.—
‘‘(1) FOOD-PRODUCING WOODY PLANTS.—In the case of an
agreement under subsection (b)(1) that includes forested
riparian buffers as an eligible practice, the Secretary shall
allow an owner or operator—
‘‘(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—
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132 STAT. 4537
‘‘(i) the plants shall contribute to the conservation
of soil, water quality, and wildlife habitat; and
‘‘(ii) the planting shall be consistent with—
‘‘(I) recommendations of the applicable State
technical committee established under section
1261(a); and
‘‘(II) technical guide standards of the
applicable field office of the Natural Resources
Conservation Service; and
‘‘(B) to harvest from plants described in subparagraph
(A), on the conditions that—
‘‘(i) the harvesting shall not damage the conserving
cover or otherwise have a negative impact on the conservation concerns targeted by the CREP;
‘‘(ii) only native plant species appropriate to the
region shall be used within 35 feet of the watercourse;
and
‘‘(iii) the producer shall be subject to a reduction
in the rental rate commensurate to the value of the
crop harvested.
‘‘(2) TECHNICAL ASSISTANCE.—For the purpose of enrolling
forested riparian buffers in a CREP, the Administrator of the
Farm Service Agency shall coordinate with the applicable State
forestry agency.
‘‘(e) DROUGHT AND WATER CONSERVATION AGREEMENTS.—In the
case of an agreement under subsection (b)(1) to address regional
drought concerns, in accordance with the conservation purposes
of the CREP, the Secretary, in consultation with the applicable
State technical committee established under section 1261(a), may—
‘‘(1) notwithstanding subsection (a)(2), enroll other agricultural land on which the resource concerns identified in the
agreement can be addressed if the enrollment of the land is
critical to the accomplishment of the purposes of the agreement;
‘‘(2) permit dryland agricultural uses with the adoption
of best management practices on enrolled land if the agreement
involves the significant long-term reduction of consumptive
water use and dryland production is compatible with the agreement; and
‘‘(3) calculate annual rental payments consistent with
existing administrative practice for similar drought and water
conservation agreements under this subtitle and ensure
regional consistency in those rates.
‘‘(f) STATUS REPORT.—Not later than 180 days after the end
of each fiscal year, the Secretary shall submit to Congress a report
that describes, with respect to each agreement entered into under
subsection (b)(1)—
‘‘(1) the status of the agreement;
‘‘(2) the purposes and objectives of the agreement;
‘‘(3) the Federal and eligible partner commitments made
under the agreement; and
‘‘(4) the progress made in fulfilling those commitments.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 1240R(c)(3) of the Food Security Act of 1985
(16 U.S.C. 3839bb–5(c)(3)) is amended by striking ‘‘a special
conservation reserve enhancement program described in section
1234(f)(4)’’ and inserting ‘‘a conservation reserve enhancement
program under section 1231A’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
(2) Section 1244(f)(3) of the Food Security Act of 1985
(16 U.S.C. 3844(f)(3)) is amended by striking ‘‘subsection
(d)(2)(A)(ii) or (g)(2) of section 1234’’ and inserting ‘‘section
1231A’’.
SEC. 2203. FARMABLE WETLAND PROGRAM.
Section 1231B of the Food Security Act of 1985 (16 U.S.C.
3831b) is amended—
(1) in subsection (a)(1), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(2) in subsection (f)(2), by striking ‘‘1234(d)(2)(A)(ii)’’ and
inserting ‘‘1234(d)’’.
SEC. 2204. PILOT PROGRAMS.
Subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 is amended by inserting after section
1231B (16 U.S.C. 3831b) the following:
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16 USC 3831c.
‘‘SEC. 1231C. PILOT PROGRAMS.
‘‘(a) CLEAR 30.—
‘‘(1) IN GENERAL.—
‘‘(A) ENROLLMENT.—The Secretary shall establish a
pilot program to enroll land in the conservation reserve
program through a 30-year conservation reserve contract
(referred to in this subsection as a ‘CLEAR 30 contract’)
in accordance with this subsection.
‘‘(B) INCLUSION OF ACREAGE LIMITATION.—For purposes
of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection.
‘‘(2) EXPIRED CONSERVATION CONTRACT ELECTION.—
‘‘(A) DEFINITION OF COVERED CONTRACT.—In this paragraph, the term ‘covered contract’ means a contract entered
into under this subchapter that—
‘‘(i) expires on or after the date of enactment of
the Agriculture Improvement Act of 2018; and
‘‘(ii) covers land enrolled in the conservation
reserve program under the clean lakes, estuaries, and
rivers priority described in section 1231(d)(3) (or the
predecessor practices that constitute the priority, as
determined by the Secretary).
‘‘(B) ELECTION.—On the expiration of a covered contract, an owner or operator party to the covered contract
shall elect—
‘‘(i) not to reenroll the land under the contract;
‘‘(ii) to offer to reenroll the land under the contract
if the land remains eligible under the terms in effect
as of the date of expiration; or
‘‘(iii) not to reenroll the land under the contract
and to enroll that land through a CLEAR 30 contract
under this subsection.
‘‘(3) ELIGIBLE LAND.—Only land that is subject to an expired
covered contract shall be eligible for enrollment through a
CLEAR 30 contract under this subsection.
‘‘(4) TERM.—The term of a CLEAR 30 contract shall be
30 years.
‘‘(5) AGREEMENTS.—To be eligible to enroll land in the
conservation reserve program through a CLEAR 30 contract,
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4539
the owner of the land shall enter into an agreement with
the Secretary—
‘‘(A) to implement a conservation reserve plan developed for the land;
‘‘(B) to comply with the terms and conditions of the
contract and any related agreements; and
‘‘(C) to temporarily suspend the base history for the
land covered by the contract.
‘‘(6) TERMS AND CONDITIONS OF CLEAR 30 CONTRACTS.—
‘‘(A) IN GENERAL.—A CLEAR 30 contract shall include
terms and conditions that—
‘‘(i) permit—
‘‘(I) repairs, improvements, and inspections on
the land that are necessary to maintain existing
public drainage systems; and
‘‘(II) owners to control public access on the
land while identifying access routes to be used
for restoration activities and management and contract monitoring;
‘‘(ii) prohibit—
‘‘(I) the alteration of wildlife habitat and other
natural features of the land, unless specifically
authorized by the Secretary as part of the conservation reserve plan;
‘‘(II) the spraying of the land with chemicals
or the mowing of the land, except where the
spraying or mowing is authorized by the Secretary
or is necessary—
‘‘(aa) to comply with Federal or State noxious weed control laws;
‘‘(bb) to comply with a Federal or State
emergency pest treatment program; or
‘‘(cc) to meet habitat needs of specific wildlife species;
‘‘(III) any activity to be carried out on the
land of the owner or successor that is immediately
adjacent to, and functionally related to, the land
that is subject to the contract if the activity will
alter, degrade, or otherwise diminish the functional value of the land; and
‘‘(IV) the adoption of any other practice that
would tend to defeat the purposes of the conservation reserve program, as determined by the Secretary; and
‘‘(iii) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this
section.
‘‘(B) VIOLATION.—On the violation of a term or condition of a CLEAR 30 contract, the Secretary may require
the owner to refund all or part of any payments received
by the owner under the conservation reserve program, with
interest on the payments, as determined appropriate by
the Secretary.
‘‘(C) COMPATIBLE USES.—Land subject to a CLEAR 30
contract may be used for compatible economic uses,
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132 STAT. 4540
PUBLIC LAW 115–334—DEC. 20, 2018
including hunting and fishing, managed timber harvest,
or periodic haying or grazing, if the use—
‘‘(i) is specifically permitted by the conservation
reserve plan developed for the land; and
‘‘(ii) is consistent with the long-term protection
and enhancement of the conservation resources for
which the contract was established.
‘‘(7) COMPENSATION.—
‘‘(A) AMOUNT OF PAYMENTS.—The Secretary shall provide payment under this subsection to an owner of land
enrolled through a CLEAR 30 contract using 30 annual
payments in an amount equal to the amount that would
be used if the land were to be enrolled in the conservation
reserve program under section 1231(d)(3).
‘‘(B) FORM OF PAYMENT.—Compensation for a CLEAR
30 contract shall be provided by the Secretary in the form
of a cash payment in an amount determined under subparagraph (A).
‘‘(C) TIMING.—The Secretary shall provide any annual
payment obligation under subparagraph (A) as early as
practicable in each fiscal year.
‘‘(D) PAYMENTS TO OTHERS.—The Secretary shall make
a payment, in accordance with regulations prescribed by
the Secretary, in a manner as the Secretary determines
is fair and reasonable under the circumstances, if an owner
who is entitled to a payment under this section—
‘‘(i) dies;
‘‘(ii) becomes incompetent;
‘‘(iii) is succeeded by another person or entity who
renders or completes the required performance; or
‘‘(iv) is otherwise unable to receive the payment.
‘‘(8) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—The Secretary shall assist owners
in complying with the terms and conditions of a CLEAR
30 contract.
‘‘(B) CONTRACTS OR AGREEMENTS.—The Secretary may
enter into 1 or more contracts with private entities or
agreements with a State, nongovernmental organization,
or Indian Tribe to carry out necessary maintenance of
a CLEAR 30 contract if the Secretary determines that
the contract or agreement will advance the purposes of
the conservation reserve program.
‘‘(9) ADMINISTRATION.—
‘‘(A) CONSERVATION RESERVE PLAN.—The Secretary
shall develop a conservation reserve plan for any land
subject to a CLEAR 30 contract, which shall include practices and activities necessary to maintain, protect, and
enhance the conservation value of the enrolled land.
‘‘(B) DELEGATION OF CONTRACT ADMINISTRATION.—
‘‘(i) FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES.—The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of
the Secretary under this subsection to other Federal,
State, or local government agencies that have the
appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.
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132 STAT. 4541
‘‘(ii) CONSERVATION ORGANIZATIONS.—The Secretary may delegate any management responsibilities
of the Secretary under this subsection to conservation
organizations if the Secretary determines the conservation organization has similar expertise and resources.
‘‘(b) SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM.—
‘‘(1) DEFINITION OF ELIGIBLE LAND.—In this subsection:
‘‘(A) IN GENERAL.—The term ‘eligible land’ means cropland that—
‘‘(i) is selected by the owner or operator of the
land for proposed enrollment in the pilot program
under this subsection; and
‘‘(ii) as determined by the Secretary—
‘‘(I) is located within 1 or more States that
are part of the prairie pothole region, as selected
by the Secretary based on consultation with State
Committees of the Farm Service Agency and State
technical committees established under section
1261(a) from that region;
‘‘(II) had a cropping history or was considered
to be planted during each of the 3 crop years
preceding enrollment; and
‘‘(III) is verified to be less-productive land, as
compared to other land on the applicable farm.
‘‘(B) EXCLUSION.—The term ‘eligible land’ does not
include any land that was enrolled in a conservation
reserve program contract in any of the 3 crop years preceding enrollment in the pilot program under this subsection.
‘‘(2) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Secretary shall establish a voluntary soil health and income protection pilot program
under which eligible land is enrolled through the use of
contracts to assist owners and operators of eligible land
to conserve and improve the soil, water, and wildlife
resources of the eligible land.
‘‘(B) DEADLINE FOR PARTICIPATION.—Eligible land may
be enrolled in the program under this section through
December 31, 2020.
‘‘(3) CONTRACTS.—
‘‘(A) REQUIREMENTS.—A contract described in paragraph (2) shall—
‘‘(i) be entered into by the Secretary, the owner
of the eligible land, and (if applicable) the operator
of the eligible land; and
‘‘(ii) provide that, during the term of the contract—
‘‘(I) the lowest practicable cost perennial conserving use cover crop for the eligible land, as
determined by the applicable State conservationist
after considering the advice of the applicable State
technical committee, shall be planted on the
eligible land;
‘‘(II) except as provided in subparagraph (E),
the owner or operator of the eligible land shall
pay the cost of planting the conserving use cover
crop under subclause (I);
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‘‘(III) subject to subparagraph (F), the eligible
land may be harvested for seed, hayed, or grazed
outside the primary nesting season established for
the applicable county;
‘‘(IV) the eligible land may be eligible for a
walk-in access program of the applicable State,
if any; and
‘‘(V) a nonprofit wildlife organization may provide to the owner or operator of the eligible land
a payment in exchange for an agreement by the
owner or operator not to harvest the conserving
use cover.
‘‘(B) PAYMENTS.—Except as provided in subparagraphs
(E) and (F)(ii)(II), the annual rental rate for a payment
under a contract described in paragraph (2) shall be equal
to 50 percent of the average rental rate for the applicable
county under section 1234(d), as determined by the Secretary.
‘‘(C) LIMITATION ON ENROLLED LAND.—Not more than
15 percent of the eligible land on a farm may be enrolled
in the pilot program under this subsection.
‘‘(D) TERM.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), each contract described in paragraph (2) shall be
for a term of 3, 4, or 5 years, as determined by the
parties to the contract.
‘‘(ii) EARLY TERMINATION.—
‘‘(I) SECRETARY.—The Secretary may terminate a contract described in paragraph (2) before
the end of the term described in clause (i) if the
Secretary determines that the early termination
of the contract is necessary.
‘‘(II) OWNERS AND OPERATORS.—An owner and
(if applicable) an operator of eligible land enrolled
in the pilot program under this subsection may
terminate a contract described in paragraph (2)
before the end of the term described in clause
(i) if the owner and (if applicable) the operator
pay to the Secretary an amount equal to the
amount of rental payments received under the contract.
‘‘(E) BEGINNING, LIMITED RESOURCE, SOCIALLY DISADVANTAGED, OR VETERAN FARMERS AND RANCHERS.—With
respect to a beginning, limited resource, socially disadvantaged, or veteran farmer or rancher, as determined by
the Secretary—
‘‘(i) a contract described in paragraph (2) shall
provide that, during the term of the contract, of the
actual cost of establishment of the conserving use cover
crop under subparagraph (A)(ii)(I)—
‘‘(I) using the funds of the Commodity Credit
Corporation, the Secretary shall pay 50 percent;
and
‘‘(II) the beginning, limited resource, socially
disadvantaged, or veteran farmer or rancher shall
pay 50 percent; and
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‘‘(ii) the annual rental rate for a payment under
a contract described in paragraph (2) shall be equal
to 75 percent of the average rental rate for the
applicable county under section 1234(d), as determined
by the Secretary.
‘‘(F) HARVESTING, HAYING, AND GRAZING OUTSIDE
APPLICABLE PERIOD.—The harvesting for seed, haying, or
grazing of eligible land under subparagraph (A)(ii)(III) outside of the primary nesting season established for the
applicable county shall be subject to the conditions that—
‘‘(i) with respect to eligible land that is so hayed
or grazed, adequate stubble height shall be maintained
to protect the soil on the eligible land, as determined
by the applicable State conservationist after considering the advice of the applicable State technical committee; and
‘‘(ii) with respect to eligible land that is so harvested for seed—
‘‘(I) the eligible land shall not be eligible to
be insured or reinsured under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
‘‘(II) the rental payment otherwise applicable
to the eligible land under this subsection shall
be reduced by 25 percent.
‘‘(4) ACREAGE LIMITATION.—Of the number of acres available for enrollment in the conservation reserve under section
1231(d)(1), not more than 50,000 total acres of eligible land
may be enrolled under the pilot program under this subsection.
‘‘(5) REPORT.—The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate
an annual report describing the eligible land enrolled in the
pilot program under this subsection, including—
‘‘(A) the estimated conservation value of the land; and
‘‘(B) estimated savings from reduced commodity payments, crop insurance indemnities, and crop insurance premium subsidies.’’.
SEC. 2205. DUTIES OF OWNERS AND OPERATORS.
Section 1232(a) of the Food Security Act of 1985 (16 U.S.C.
3832(a)) is amended—
(1) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively; and
(2) by inserting after paragraph (9) the following:
‘‘(10) on land devoted to hardwood or other trees, excluding
windbreaks and shelterbelts, to carry out proper thinning and
other practices—
‘‘(A) to enhance the conservation benefits and wildlife
habitat resources addressed by the conservation practice
under which the land is enrolled; and
‘‘(B) to promote forest management;’’.
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SEC. 2206. DUTIES OF THE SECRETARY.
(a) COST-SHARE AND RENTAL PAYMENTS.—Section 1233(a) of
the Food Security Act of 1985 (16 U.S.C. 3833(a)) is amended—
(1) in paragraph (1), by inserting ‘‘, including the cost
of fencing and other water distribution practices, if applicable’’
after ‘‘interest’’; and
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(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘in an amount necessary to compensate’’ and
inserting ‘‘, in accordance with section 1234(d),’’;
(B) in subparagraph (A)—
(i) by inserting ‘‘, marginal pastureland,’’ after
‘‘cropland’’; and
(ii) by adding ‘‘or’’ at the end;
(C) by striking subparagraph (B); and
(D) by redesignating subparagraph (C) as subparagraph (B).
(b) SPECIFIED ACTIVITIES PERMITTED.—Section 1233 of the Food
Security Act of 1985 (16 U.S.C. 3833) is amended by striking
subsection (b) and inserting the following:
‘‘(b) SPECIFIED ACTIVITIES PERMITTED.—
‘‘(1) IN GENERAL.—The Secretary, in coordination with the
applicable State technical committee established under section
1261(a), shall permit certain activities or commercial uses of
established cover on land that is subject to a contract under
the conservation reserve program if—
‘‘(A) those activities or uses—
‘‘(i) are consistent with the conservation of soil,
water quality, and wildlife habitat;
‘‘(ii) are subject to appropriate restrictions during
the primary nesting season for birds in the local area
that are economically significant, in significant decline,
or conserved in accordance with Federal or State law;
‘‘(iii) contribute to the health and vigor of the
established cover; and
‘‘(iv) are consistent with a site-specific plan,
including vegetative management requirements,
stocking rates, and frequency and duration of activity,
taking into consideration regional differences, such as
climate, soil type, and natural resources; and
‘‘(B) the Secretary, in coordination with the State technical committee, includes contract modifications—
‘‘(i) without any reduction in the rental rate for—
‘‘(I) emergency haying, emergency grazing, or
other emergency use of the forage in response to
a localized or regional drought, flooding, wildfire,
or other emergency, on all practices, outside the
primary nesting season, when—
‘‘(aa) the county is designated as D2
(severe drought) or greater according to the
United States Drought Monitor;
‘‘(bb) there is at least a 40 percent loss
in forage production in the county; or
‘‘(cc) the Secretary, in coordination with
the State technical committee, determines that
the program can assist in the response to a
natural disaster event without permanent
damage to the established cover;
‘‘(II) emergency grazing on all practices during
the primary nesting season if payments are
authorized for a county under the livestock forage
disaster program under clause (ii) of section
1501(c)(3)(D) of the Agricultural Act of 2014 (7
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4545
U.S.C. 9081(c)(3)(D)), at 50 percent of the normal
carrying capacity determined under clause (i) of
that section, adjusted to the site-specific plan;
‘‘(III) emergency haying on certain practices,
outside the primary nesting season, if payments
are authorized for a county under the livestock
forage disaster program under clause (ii) of section
1501(c)(3)(D) of the Agricultural Act of 2014 (7
U.S.C. 9081(c)(3)(D)), on not more than 50 percent
of contract acres, as identified in the site-specific
plan;
‘‘(IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract
management practice under section 1232(a)(5);
‘‘(V) the intermittent and seasonal use of vegetative buffer established under paragraphs (4) and
(5) of section 1231(b) that are incidental to agricultural production on land adjacent to the buffer
such that the permitted use—
‘‘(aa) does not destroy the permanent vegetative cover; and
‘‘(bb) retains suitable vegetative structure
for wildlife cover and shelter outside the primary nesting season; or
‘‘(VI) grazing on all practices, outside the primary nesting season, if conducted by a beginning
farmer or rancher; or
‘‘(ii) with a 25 percent reduction in the annual
rental rate for the acres covered by the authorized
activity, including—
‘‘(I) grazing not more frequently than every
other year on the same land, except that during
the primary nesting season, grazing shall be subject to a 50 percent reduction in the stocking rate
specified in the site-specific plan;
‘‘(II) grazing of all practices during the primary
nesting season, with a 50 percent reduction in
the stocking rate specified in the site-specific plan;
‘‘(III) haying and other commercial use
(including the managed harvesting of biomass and
excluding the harvesting of vegetative cover), on
the condition that the activity—
‘‘(aa) is completed outside the primary
nesting season;
‘‘(bb) occurs not more than once every 3
years; and
‘‘(cc) maintains 25 percent of the total contract acres unharvested, in accordance with
a site-specific plan that provides for wildlife
cover and shelter;
‘‘(IV) annual grazing outside the primary
nesting season if consistent with a site-specific
plan that is authorized for the control of invasive
species; and
‘‘(V) the installation of wind turbines and associated access, except that in permitting the
installation of wind turbines, the Secretary shall
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132 STAT. 4546
PUBLIC LAW 115–334—DEC. 20, 2018
determine the number and location of wind turbines that may be installed, taking into account—
‘‘(aa) the location, size, and other physical
characteristics of the land;
‘‘(bb) the extent to which the land contains
threatened or endangered wildlife and wildlife
habitat; and
‘‘(cc) the purposes of the conservation
reserve program under this subchapter.
‘‘(2) CONDITIONS ON HAYING AND GRAZING.—
‘‘(A) IN GENERAL.—The Secretary may permit haying
or grazing in accordance with paragraph (1) on any land
or practice subject to a contract under the conservation
reserve program.
‘‘(B) EXCEPTIONS.—
‘‘(i) DAMAGE TO VEGETATIVE COVER.—Haying or
grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program, or under a particular practice,
if haying or grazing for that year under that practice,
as applicable, would cause long-term damage to vegetative cover on that land.
‘‘(ii) SPECIAL AGREEMENTS.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), haying or grazing described in paragraph (1) shall not be permitted on—
‘‘(aa) land covered by a contract enrolled
under the State acres for wildlife enhancement
program established by the Secretary; or
‘‘(bb) land covered by a contract enrolled
under a conservation reserve enhancement
program established under section 1231A or
the Conservation Reserve Enhancement Program established by the Secretary under this
subchapter.
‘‘(II) EXCEPTION.—Subclause (I) shall not apply
to land on which haying or grazing is specifically
permitted under the applicable conservation
reserve enhancement program agreement or other
partnership agreement entered into under this
subchapter.’’.
(c) NATURAL DISASTER OR ADVERSE WEATHER AS MID-CONTRACT
MANAGEMENT.—Section 1233 of the Food Security Act of 1985 (16
U.S.C. 3833) is amended by adding at the end the following:
‘‘(e) NATURAL DISASTER OR ADVERSE WEATHER AS MID-CONTRACT MANAGEMENT.—In the case of a natural disaster or adverse
weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require
further management practices pursuant to section 1232(a)(5) that
are intended to achieve the same effect.’’.
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SEC. 2207. PAYMENTS.
(a) COST SHARING PAYMENTS.—Section 1234(b) of the Food
Security Act of 1985 (16 U.S.C. 3834(b)) is amended—
(1) by striking paragraphs (2) through (4) and inserting
the following:
‘‘(2) LIMITATIONS.—
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132 STAT. 4547
‘‘(A) IN GENERAL.—The Secretary shall ensure, to the
maximum extent practicable, that cost sharing payments
to an owner or operator under this subchapter, when combined with the sum of payments from all other funding
sources for measures and practices described in paragraph
(1), do not exceed 100 percent of the total actual cost
of establishing those measures and practices, as determined
by the Secretary.
‘‘(B) MID-CONTRACT MANAGEMENT GRAZING.—The Secretary may not make any cost sharing payment to an
owner or operator under this subchapter pursuant to section 1232(a)(5).
‘‘(C) SEED COST.—In the case of seed costs related
to the establishment of cover, cost sharing payments under
this subchapter shall not exceed 50 percent of the actual
cost of the seed mixture, as determined by the Secretary.’’;
(2) by redesignating paragraph (5) as paragraph (3);
(3) in paragraph (3) (as so redesignated), by striking ‘‘An
owner’’ and inserting ‘‘Except in the case of incentive payments
that are related to the cost of the establishment of a practice
and received from eligible partners under the conservation
reserve enhancement program under section 1231A, an owner’’;
and
(4) by adding at the end the following:
‘‘(4) PRACTICE INCENTIVES FOR CONTINUOUS PRACTICES.—
In addition to the cost sharing payment described in this subsection, the Secretary shall make an incentive payment to
an owner or operator of land enrolled under section 1231(d)(6)
in an amount not to exceed 50 percent of the actual cost
of establishing all measures and practices described in paragraph (1), including seed costs related to the establishment
of cover, as determined by the Secretary.’’.
(b) INCENTIVE PAYMENTS.—Section 1234(c) of the Food Security
Act of 1985 (16 U.S.C. 3834(c)) is amended—
(1) in the subsection heading, by striking ‘‘INCENTIVE’’ and
inserting ‘‘FOREST MANAGEMENT INCENTIVE’’;
(2) in paragraph (1), by striking ‘‘The Secretary’’ and
inserting ‘‘Using funds made available under section
1241(a)(1)(A), the Secretary’’; and
(3) in paragraph (2), by striking ‘‘150 percent’’ and inserting
‘‘100 percent’’.
(c) ANNUAL RENTAL PAYMENTS.—Section 1234(d) of the Food
Security Act of 1985 (16 U.S.C. 3834(d)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘the Secretary may consider, among
other things, the amount’’ and inserting the following: ‘‘the
Secretary shall consider—
‘‘(A) the amount’’;
(B) in subparagraph (A) (as so designated), by striking
the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(B) the impact on the local farmland rental market;
and
‘‘(C) such other factors as the Secretary determines
to be appropriate.’’;
(2) in paragraph (2)—
(A) in subparagraph (A)—
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132 STAT. 4548
PUBLIC LAW 115–334—DEC. 20, 2018
(i) in clause (i), by striking ‘‘; or’’ and inserting
a period;
(ii) by striking clause (ii); and
(iii) by striking ‘‘determined through—’’ in the
matter preceding clause (i) and all that follows through
‘‘the submission of bids’’ in clause (i) and inserting
‘‘determined through the submission of applications’’;
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following:
‘‘(B) MULTIPLE ENROLLMENTS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), if land
subject to a contract entered into under this subchapter
is reenrolled under section 1231(h)(1) or has been previously enrolled in the conservation reserve, the annual
rental payment shall be in an amount that is not
more than 85 percent in the case of general enrollment
contacts, or 90 percent in the case of continuous enrollment contracts, of the applicable estimated average
county rental rate published pursuant to paragraph
(4) for the year in which the reenrollment occurs.
‘‘(ii) CONSERVATION RESERVE ENHANCEMENT PROGRAM.—The reduction in annual rental payments
under clause (i) may be waived as part of the negotiation between the Secretary and an eligible partner
to enter into a conservation reserve enhancement program agreement under section 1231A.’’;
(D) in subparagraph (C) (as so redesignated), by
striking ‘‘In the case’’ and inserting ‘‘Notwithstanding
subparagraph (A), in the case’’; and
(E) by adding at the end the following:
‘‘(D) CONTINUOUS SIGN-UP INCENTIVES.—The Secretary
shall make an incentive payment to the owner or operator
of land enrolled under section 1231(d)(6) at the time of
initial enrollment in an amount equal to 32.5 percent of
the amount of the first annual rental payment under
subparagraph (A).’’;
(3) by striking paragraph (4);
(4) by redesignating paragraph (5) as paragraph (4); and
(5) in paragraph (4) (as so redesignated)—
(A) in subparagraph (A)—
(i) by striking ‘‘, not less frequently than once
every other year,’’ and inserting ‘‘annually’’; and
(ii) by inserting ‘‘, and shall publish the estimates
derived from the survey not later than September 15
of each year’’ before the period at the end;
(B) in subparagraph (B), by inserting ‘‘and the average
current and previous soil rental rates for each county’’
after ‘‘subparagraph (A)’’;
(C) in subparagraph (C), by striking ‘‘may use’’ and
inserting ‘‘shall consider’’; and
(D) by adding at the end the following:
‘‘(D) SUBMISSION OF ADDITIONAL INFORMATION BY STATE
FSA OFFICES AND CREP PARTNERS.—
‘‘(i) IN GENERAL.—The Secretary shall provide an
opportunity for State Committees of the Farm Service
Agency or eligible partners (as defined in section
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4549
1231A(a)) in conservation reserve enhancement programs under section 1231A to propose an alternative
soil rental rate prior to finalizing new rates, on the
condition that documentation described in clause (ii)
is provided to support the proposed alternative.
‘‘(ii) ACCEPTABLE DOCUMENTATION.—Documentation referred to in clause (i) includes—
‘‘(I) an average of cash rents from a random
sample of lease agreements;
‘‘(II) cash rent estimates from a published
survey;
‘‘(III) neighboring county estimate comparisons
from the National Agricultural Statistics Service;
‘‘(IV) an average of cash rents from Farm
Service Agency farm business plans;
‘‘(V) models that estimate cash rents, such
as models that use returns to estimate crop production or land value data; or
‘‘(VI) other documentation, as determined by
the Secretary.
‘‘(iii) NOTIFICATION.—Not less than 14 days prior
to the announcement of new or revised soil rental
rates, the Secretary shall offer a briefing to the Chairman and Ranking Member of the Committee on Agriculture of the House of Representatives and the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate,
including information on and the rationale for the
alternative rates proposed under clause (i) that were
accepted or rejected.
‘‘(E) RENTAL RATE LIMITATION.—Notwithstanding forest
management incentive payments described in subsection
(c), the county average soil rental rate (before any adjustments relating to specific practices, wellhead protection,
or soil productivity) shall not exceed—
‘‘(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment;
or
‘‘(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.’’.
(d) PAYMENT LIMITATION FOR RENTAL PAYMENTS.—Section
1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g)) is
amended—
(1) in paragraph (1), by striking ‘‘The total’’ and inserting
‘‘Except as provided in paragraph (2), the total’’; and
(2) by striking paragraph (2) and inserting the following:
‘‘(2) WELLHEAD PROTECTION.—Paragraph (1) and section
1001D(b) shall not apply to rental payments received by a
rural water district or association for land that is enrolled
under this subchapter for the purpose of protecting a wellhead.’’.
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SEC. 2208. CONTRACTS.
(a) TRANSITION OPTION FOR CERTAIN FARMERS OR RANCHERS.—
Section 1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f))
is amended—
(1) in paragraph (1)—
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132 STAT. 4550
PUBLIC LAW 115–334—DEC. 20, 2018
(A) in the matter preceding subparagraph (A), by
striking ‘‘retired farmer or rancher’’ and inserting ‘‘contract
holder’’;
(B) by striking ‘‘retired or retiring owner or operator’’
each place it appears and inserting ‘‘contract holder’’;
(C) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘1 year’’ and inserting ‘‘2 years’’;
(D) in subparagraph (B), by inserting ‘‘, including a
lease with a term of less than 5 years and an option
to purchase’’ after ‘‘option to purchase’’;
(E) in subparagraph (D), by striking ‘‘; and’’ and
inserting a semicolon;
(F) by redesignating subparagraph (E) as subparagraph
(F); and
(G) by inserting after subparagraph (D) the following:
‘‘(E) give priority to the enrollment of the land covered
by the contract in—
‘‘(i) the environmental quality incentives program
established under subchapter A of chapter 4;
‘‘(ii) the conservation stewardship program established under subchapter B of chapter 4; or
‘‘(iii) the agricultural conservation easement program established under subtitle H; and’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘The Secretary’’ and inserting ‘‘To the extent that
the maximum number of acres permitted to be enrolled
under the conservation reserve program has not been met,
the Secretary’’; and
(B) by striking subparagraph (A) and inserting the
following:
‘‘(A)(i) is carried out on land described in paragraph
(4) or (5) of section 1231(b); and
‘‘(ii) is eligible for continuous enrollment under section
1231(d)(6); and’’.
(b) END OF CONTRACT CONSIDERATIONS.—Section 1235(g) of
the Food Security Act of 1985 (16 U.S.C. 3835(g)) is amended
to read as follows:
‘‘(g) END OF CONTRACT CONSIDERATIONS.—The Secretary shall
not consider an owner or operator to be in violation of a term
or condition of the conservation reserve contract if—
‘‘(1) during the year prior to expiration of the contract,
the owner or operator—
‘‘(A)(i) enters into a contract under the environmental
quality incentives program established under subchapter
A of chapter 4; and
‘‘(ii) begins the establishment of a practice under that
contract; or
‘‘(B)(i) enters into a contract under the conservation
stewardship program established under subchapter B of
chapter 4; and
‘‘(ii) begins the establishment of a practice under that
contract; or
‘‘(2) during the 3 years prior to the expiration of the contract, the owner or operator begins the certification process
under the Organic Foods Production Act of 1990 (7 U.S.C.
6501 et seq.).’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4551
SEC. 2209. ELIGIBLE LAND; STATE LAW REQUIREMENTS.
The Secretary shall revise paragraph (4) of section 1410.6(d)
of title 7, Code of Federal Regulations, to provide that land enrolled
under a Conservation Reserve Enhancement Program agreement
initially established before January 1, 2014 (including an amended
or successor Conservation Reserve Enhancement Program agreement, as determined by the Secretary), shall not be ineligible for
enrollment in the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph
if the Deputy Administrator (as defined in section 1410.2(b) of
title 7, Code of Federal Regulations (or successor regulations)),
on recommendation from and in consultation with the applicable
State technical committee established under section 1261(a) of the
Food Security Act of 1985 (16 U.S.C. 3861(a)) determines, under
such terms and conditions as the Deputy Administrator, in consultation with the State technical committee, determines to be appropriate, that making that land eligible for enrollment in that program
is not contrary to the purposes of that program.
16 USC 3831
note.
Subtitle C—Environmental Quality Incentives Program and Conservation Stewardship Program
SEC. 2301. REPEAL OF CONSERVATION PROGRAMS.
(a) IN GENERAL.—Chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended—
(1) by striking the chapter designation and heading and
inserting the following:
‘‘CHAPTER 4—ENVIRONMENTAL QUALITY INCENTIVES
PROGRAM AND CONSERVATION STEWARDSHIP PROGRAM
‘‘Subchapter A—Environmental Quality Incentives
Program’’; and
(2) by inserting after section 1240H the following:
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‘‘Subchapter B—Conservation Stewardship Program’’.
(b) CONSERVATION STEWARDSHIP PROGRAM.—Subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3838d et seq.) is amended—
(1) by redesignating sections 1238D through 1238G as sections 1240I through 1240L, respectively; and
(2) by moving sections 1240I through 1240L (as so redesignated) so as to appear after the subchapter heading for subchapter B of chapter 4 of subtitle D of title XII of that Act
(as added by subsection (a)(2)).
(c) REPEAL.—
(1) IN GENERAL.—Chapter 2 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) (as
amended by subsection (b)) is repealed.
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16 USC
3838d–3838g.
16 USC
3839aa–21—
3839aa–24.
16 USC
3838–3838c.
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16 USC 3838d
note.
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16 USC
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(2) TERMINATION OF CONSERVATION STEWARDSHIP PROGRAM.—Effective on the date of enactment of this Act, the
conservation stewardship program under subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day
before the date of enactment of this Act) shall cease to be
effective.
(3) TRANSITIONAL PROVISIONS.—
(A) EFFECT ON EXISTING CONTRACTS AND AGREEMENTS.—The cessation of effectiveness under paragraph
(2) shall not affect—
(i) the validity or terms of any contract entered
into by the Secretary under subchapter B of chapter
2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) before the date of
enactment of this Act, or any payments, modifications,
or technical assistance required to be made in connection with the contract; or
(ii) subject to subparagraph (D), any agreement
entered into by the Secretary under the regional conservation partnership program under subtitle I of title
XII of the Food Security Act of 1985 (16 U.S.C. 3871
et seq.) on or before September 30, 2018, under which
conservation stewardship program acres and associated
funding have been allocated to the agreement for the
purpose of entering into a contract under subchapter
B of chapter 2 of subtitle D of title XII of that Act
(16 U.S.C. 3838d et seq.) (as in effect on the day
before the date of enactment of this Act).
(B) EXTENSION PERMITTED.—Notwithstanding paragraph (2), the Secretary may extend for 1 year a contract
described in subparagraph (A)(i) if that contract expires
on or before December 31, 2019, under the terms and
payment rate of the existing contract and in accordance
with subchapter B of chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.)
(as in effect on the day before the date of enactment of
this Act).
(C) RENEWAL NOT PERMITTED.—
(i) IN GENERAL.—Notwithstanding subparagraph
(A), and subject to clause (ii), the Secretary may not
renew a contract or agreement described in that
subparagraph.
(ii) EXCEPTION.—The Secretary may renew a contract described in subparagraph (A)(i)—
(I) if that contract expires on or after
December 31, 2019;
(II) under the terms of the conservation
stewardship program under subchapter B of
chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (as added by subsections (a)(2)
and (b)); and
(III) subject to the limitation on funding for
that subchapter under section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841).
(D) RCPP CONTRACTS.—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4553
(i) TREATMENT OF ACREAGE.—In the case of an
agreement described in subparagraph (A)(ii), the Secretary may provide an amount of funding that is
equivalent to the value of any acres covered by the
agreement.
(ii) FUNDS AND ACRES NOT OBLIGATED.—In the case
of an agreement described in subparagraph (A)(ii) to
which program acres and associated funding have been
allocated but not yet obligated to enter into a contract
under subchapter B of chapter 2 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3838d
et seq.) (as in effect on the day before the date of
enactment of this Act)—
(I) the Secretary shall modify the agreement
to authorize the entrance into a contract under
subchapter B of chapter 4 of subtitle D of title
XII of the Food Security Act of 1985 (as added
by subsections (a)(2) and (b)); and
(II) the funds associated with the conservation
stewardship program acres allocated under that
agreement, on modification under subclause (I),
may be used to enter into conservation stewardship
program contracts with producers under subchapter B of chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (as added by
subsections (a)(2) and (b)).
(4) CONTRACT ADMINISTRATION.—Subject to paragraphs
(3)(C) and (3)(D)(ii)(II), the Secretary shall administer each
contract and agreement described in clauses (i) and (ii) of
paragraph (3)(A) until the expiration of the contract or agreement in accordance with the regulations to carry out the conservation stewardship program under subchapter B of chapter
2 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3838d et seq.) (as in effect on the day before the
date of enactment of this Act) that are in effect on the day
before that date of enactment.
(5) FUNDING.—Notwithstanding paragraphs (1) and (2), any
funds made available from the Commodity Credit Corporation
under section 1241(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(4)) for fiscal years 2014 through 2018 shall
be available to carry out—
(A) any contract or agreement described in paragraph
(3)(A)(i) for fiscal year 2019;
(B) any contract or agreement described in paragraph
(3)(A)(ii);
(C) any contract extended under paragraph (3)(B); and
(D) any contract or agreement under subchapter B
of chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (as added by subsections (a)(2) and (b)).
(d) CONFORMING AMENDMENTS.—
(1) FOOD SECURITY ACT OF 1985.—
(A) Section 1211(a)(3)(A) of the Food Security Act of
1985 (16 U.S.C. 3811(a)(3)(A)) is amended by inserting
‘‘subchapter A of’’ before ‘‘chapter 4’’.
(B) Section 1221(b)(3)(A) of the Food Security Act of
1985 (16 U.S.C. 3821(b)(3)(A)) is amended by inserting
‘‘subchapter A of’’ before ‘‘chapter 4’’.
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(C) Section 1240J(b)(1) of the Food Security Act of
1985 (as redesignated by subsection (b)(1)) is amended
by striking subparagraph (C).
(D) Section 1240 of the Food Security Act of 1985
(16 U.S.C. 3839aa) is amended in the matter preceding
paragraph (1) by striking ‘‘chapter’’ and inserting ‘‘subchapter’’.
(E) Section 1240A of the Food Security Act of 1985
(16 U.S.C. 3839aa–1) is amended by striking ‘‘chapter’’
each place it appears and inserting ‘‘subchapter’’.
(F) Section 1240B(i)(2)(B) of the Food Security Act
of 1985 (16 U.S.C. 3839aa–2(i)(2)(B)) is amended by
striking ‘‘chapter’’ and inserting ‘‘subchapter’’.
(G) Section 1240C(b) of the Food Security Act of 1985
(16 U.S.C. 3839aa–3(b)) is amended in the matter preceding
paragraph (1) by striking ‘‘chapter’’ and inserting ‘‘subchapter’’.
(H) Section 1240E(b)(2) of the Food Security Act of
1985 (16 U.S.C. 3839aa–5(b)(2)) is amended by striking
‘‘chapter’’ and inserting ‘‘subchapter’’.
(I) Section 1240G of the Food Security Act of 1985
(16 U.S.C. 3839aa–7) is amended by striking ‘‘chapter’’
each place it appears and inserting ‘‘subchapter’’.
(J) Section 1240H of the Food Security Act of 1985
(16 U.S.C. 3839aa–8) is amended by striking ‘‘chapter’’
each place it appears and inserting ‘‘subchapter’’.
(K) Section 1244(c)(3) of the Food Security Act of 1985
(16 U.S.C. 3844(c)(3)) is amended by inserting ‘‘subchapter
A of’’ before ‘‘chapter 4’’.
(L) Section 1244(l) of the Food Security Act of 1985
(16 U.S.C. 3844(l)) is amended—
(i) by striking ‘‘chapter 2’’ and inserting ‘‘chapter
4’’; and
(ii) by inserting ‘‘subchapter A of’’ after ‘‘incentives
program under’’.
(2) OTHER LAWS.—
(A) Section 344(f)(8) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1344(f)(8)) is amended by inserting
‘‘subchapter A of’’ before ‘‘chapter 4’’.
(B) Section 377 of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1377) is amended by inserting ‘‘subchapter
A of’’ before ‘‘chapter 4’’.
(C) Paragraph (1) of the last proviso of the matter
under the heading ‘‘CONSERVATION RESERVE PROGRAM’’
under the heading ‘‘SOIL BANK PROGRAMS’’ of title I of
the Department of Agriculture and Farm Credit Administration Appropriation Act, 1959 (7 U.S.C. 1831a), is
amended by inserting ‘‘subchapter A of’’ before ‘‘chapter
4’’.
(D) Section 8(b)(1) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)(1)) is amended
by inserting ‘‘subchapter A of’’ before ‘‘chapter 4’’.
(E) Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C))
is amended by inserting ‘‘subchapter A of’’ before ‘‘chapter
4’’.
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(F) Section 304(a)(1) of the Lake Champlain Special
Designation Act of 1990 (33 U.S.C. 1270 note; Public Law
101–596) is amended by inserting ‘‘subchapter A of’’ before
‘‘chapter 4’’.
(G) Section 202(c) of the Colorado River Basin Salinity
Control Act (43 U.S.C. 1592(c)) is amended by inserting
‘‘subchapter A of’’ before ‘‘chapter 4’’.
SEC. 2302. PURPOSES OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa)
is amended by striking paragraph (4) and inserting the following:
‘‘(4) assisting producers to make beneficial, cost-effective
changes to production systems, including addressing identified,
new, or expected resource concerns related to organic production, grazing management, fuels management, forest management, nutrient management associated with crops and livestock, pest management, irrigation management, adapting to,
and mitigating against, increasing weather volatility, drought
resiliency measures, or other practices on agricultural and forested land.’’.
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SEC. 2303. DEFINITIONS UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1240A of the Food Security Act of 1985 (16 U.S.C.
3839aa–1) is amended—
(1) by redesignating paragraphs (1), (2), (3), (4) and (5)
as paragraphs (2), (4), (5), (6), and (8), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) CONSERVATION PLANNING ASSESSMENT.—The term ‘conservation planning assessment’ means a report, as determined
by the Secretary, that—
‘‘(A) is developed by—
‘‘(i) a State or unit of local government (including
a conservation district);
‘‘(ii) a Federal agency; or
‘‘(iii) a third-party provider certified under section
1242(e) (including a certified rangeland professional);
‘‘(B) assesses rangeland or cropland function and
describes conservation activities to enhance the economic
and ecological management of that land; and
‘‘(C) can be incorporated into a comprehensive planning
document required by the Secretary for enrollment in a
conservation program of the Department of Agriculture.’’;
(3) in paragraph (2) (as so redesignated), in subparagraph
(B)(vi)—
(A) by inserting ‘‘environmentally sensitive areas,’’
after ‘‘marshes,’’; and
(B) by inserting ‘‘identified or expected’’ before
‘‘resource concerns’’;
(4) by inserting after paragraph (2) (as so redesignated)
the following:
‘‘(3) INCENTIVE PRACTICE.—The term ‘incentive practice’
means a practice or set of practices approved by the Secretary
that, when implemented and maintained on eligible land,
address 1 or more priority resource concerns.’’;
(5) in paragraph (6) (as so redesignated)—
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(A) in subparagraph (A)—
(i) in clause (iv), by striking ‘‘and’’ at the end;
(ii) by redesignating clause (v) as clause (vii); and
(iii) by inserting after clause (iv) the following:
‘‘(v) soil testing;
‘‘(vi) soil remediation to be carried out by the producer; and’’; and
(B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) by redesignating clause (ii) as clause (vi); and
(iii) by inserting after clause (i) the following:
‘‘(ii) planning for resource-conserving crop rotations (as defined in section 1240L(d)(1));
‘‘(iii) soil health planning, including increasing soil
organic matter and the use of cover crops;
‘‘(iv) a conservation planning assessment;
‘‘(v) precision conservation management planning;
and’’;
(6) by inserting after paragraph (6) (as so redesignated)
the following:
‘‘(7) PRIORITY RESOURCE CONCERN.—The term ‘priority
resource concern’ means a natural resource concern or problem,
as determined by the Secretary, that—
‘‘(A) is identified at the national, State, or local level
as a priority for a particular area of a State; and
‘‘(B) represents a significant concern in a State or
region.’’; and
(7) by adding at the end the following:
‘‘(9) SOIL REMEDIATION.—The term ‘soil remediation’ means
scientifically based practices that—
‘‘(A) ensure the safety of producers from contaminants
in soil;
‘‘(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and
‘‘(C) regenerate and sustain the soil.
‘‘(10) SOIL TESTING.—The term ‘soil testing’ means the
evaluation of soil health, including testing for—
‘‘(A) the optimal level of constituents in the soil, such
as organic matter, nutrients, and the potential presence
of soil contaminants, including heavy metals, volatile
organic compounds, polycyclic aromatic hydrocarbons, or
other contaminants; and
‘‘(B) the biological and physical characteristics indicative of proper soil functioning.’’.
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SEC. 2304. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) ESTABLISHMENT.—Section 1240B(a) of the Food Security
Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended by striking ‘‘2019’’
and inserting ‘‘2023’’.
(b) PAYMENTS.—Section 1240B(d) of the Food Security Act of
1985 (16 U.S.C. 3839aa–2(d)) is amended—
(1) in paragraph (4)(B)—
(A) in clause (i)—
(i) by striking ‘‘Not more than’’ and inserting ‘‘On
an election by a producer described in subparagraph
(A), the Secretary shall provide at least’’;
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(ii) by striking ‘‘may be provided’’; and
(iii) by striking ‘‘the purpose of’’ and inserting ‘‘all
costs related to’’; and
(B) by adding at the end the following:
‘‘(iii) NOTIFICATION AND DOCUMENTATION.—The
Secretary shall—
‘‘(I) notify each producer described in subparagraph (A), at the time of enrollment in the program, of the option to receive advance payments
under clause (i); and
‘‘(II) document the election of each producer
described in subparagraph (A) to receive advance
payments under clause (i) with respect to each
practice that has costs described in that clause.’’;
and
(2) by adding at the end the following:
‘‘(7) INCREASED PAYMENTS FOR HIGH-PRIORITY PRACTICES.—
‘‘(A) STATE DETERMINATION.—Each State, in consultation with the State technical committee established under
section 1261(a) for the State, may designate not more than
10 practices to be eligible for increased payments under
subparagraph (B), on the condition that the practice, as
determined by the Secretary—
‘‘(i) addresses specific causes of impairment
relating to excessive nutrients in groundwater or surface water;
‘‘(ii) addresses the conservation of water to advance
drought mitigation and declining aquifers;
‘‘(iii) meets other environmental priorities and
other priority resource concerns identified in habitat
or other area restoration plans; or
‘‘(iv) is geographically targeted to address a natural
resource concern in a specific watershed.
‘‘(B) INCREASED PAYMENTS.—Notwithstanding paragraph (2), in the case of a practice designated under
subparagraph (A), the Secretary may increase the amount
that would otherwise be provided for a practice under
this subsection to not more than 90 percent of the costs
associated with planning, design, materials, equipment,
installation,
labor,
management,
maintenance,
or
training.’’.
(c) ALLOCATION OF FUNDING.—Section 1240B(f) of the Food
Security Act of 1985 (16 U.S.C. 3839aa–2(f)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘2014 through 2018’’ and inserting
‘‘2019 through 2023’’;
(B) by striking ‘‘60’’ and inserting ‘‘50’’; and
(C) by striking ‘‘production.’’ and inserting ‘‘production,
including grazing management practices.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘For each’’ and inserting the following:
‘‘(A) FISCAL YEARS 2014 THROUGH 2018.—For each’’; and
(B) by adding at the end the following:
‘‘(B) FISCAL YEARS 2019 THROUGH 2023.—For each of
fiscal years 2019 through 2023, at least 10 percent of
the funds made available for payments under the program
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shall be targeted at practices benefitting wildlife habitat
under subsection (g).’’.
(d) WILDLIFE HABITAT INCENTIVE PROGRAM.—Section 1240B(g)
of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(g)) is amended
by adding at the end the following:
‘‘(3) MAXIMUM TERM.—In the case of a contract under the
program entered into solely for the establishment of 1 or more
annual management practices for the benefit of wildlife as
described in paragraph (1), notwithstanding any maximum contract term established by the Secretary, the contract shall
have a term that does not exceed 10 years.
‘‘(4) INCLUDED PRACTICES.—For the purpose of providing
seasonal wetland habitat for waterfowl and migratory birds,
a practice that is eligible for payment under paragraph (1)
and targeted for funding under subsection (f) may include—
‘‘(A) a practice to carry out postharvest flooding; or
‘‘(B) a practice to maintain the hydrology of temporary
and seasonal wetlands of not more than 2 acres to maintain
waterfowl and migratory bird habitat on working cropland.’’.
(e) WATER CONSERVATION OR IRRIGATION EFFICIENCY PRACTICE.—Section 1240B(h) of the Food Security Act of 1985 (16 U.S.C.
3839aa–2(h)) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary may provide water conservation and system efficiency payments under
this subsection to an entity described in paragraph (2) or a
producer for—
‘‘(A) water conservation scheduling, water distribution
efficiency, soil moisture monitoring, or an appropriate combination thereof;
‘‘(B) irrigation-related structural or other measures
that conserve surface water or groundwater, including managed aquifer recovery practices; or
‘‘(C) a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.’’;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
‘‘(2) ELIGIBILITY OF CERTAIN ENTITIES.—
‘‘(A) IN GENERAL.—Notwithstanding section 1001(f)(6),
the Secretary may enter into a contract under this subsection with a State, irrigation district, groundwater
management district, acequia, land-grant mercedes, or
similar entity under a streamlined contracting process to
implement water conservation or irrigation practices under
a watershed-wide project that will effectively conserve
water, provide fish and wildlife habitat, or provide for
drought-related environmental mitigation, as determined
by the Secretary.
‘‘(B) IMPLEMENTATION.—Water conservation or irrigation practices that are the subject of a contract entered
into under subparagraph (A) shall be implemented on—
‘‘(i) eligible land of a producer; or
‘‘(ii) land that is—
‘‘(I) under the control of an irrigation district,
groundwater management district, acequia, landgrant mercedes, or similar entity; and
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‘‘(II) adjacent to eligible land described in
clause (i), as determined by the Secretary.
‘‘(C) WAIVER AUTHORITY.—The Secretary may waive
the applicability of the limitations in section 1001D(b) or
section 1240G for a payment made under a contract entered
into under this paragraph if the Secretary determines that
the waiver is necessary to fulfill the objectives of the
project.
‘‘(D) CONTRACT LIMITATIONS.—If the Secretary grants
a waiver under subparagraph (C), the Secretary may
impose a separate payment limitation for the contract with
respect to which the waiver applies.’’;
(4) in paragraph (3) (as so redesignated)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘to a producer’’ and inserting ‘‘under this subsection’’;
(B) in subparagraph (A), by striking ‘‘the eligible land
of the producer is located, there is a reduction in water
use in the operation of the producer’’ and inserting ‘‘the
land on which the practices will be implemented is located,
there is a reduction in water use in the operation on
that land’’; and
(C) in subparagraph (B), by inserting ‘‘except in the
case of an application under paragraph (2),’’ before ‘‘the
producer agrees’’; and
(5) by adding at the end the following:
‘‘(4) EFFECT.—Nothing in this subsection authorizes the
Secretary to modify the process for determining the annual
allocation of funding to States under the program.’’.
(f) PAYMENTS FOR CONSERVATION PRACTICES RELATED TO
ORGANIC PRODUCTION.—Section 1240B(i)(3) of the Food Security
Act of 1985 (16 U.S.C. 3839aa–2(i)(3)) is amended—
(1) in the first sentence, by striking ‘‘Payments’’ and
inserting the following:
‘‘(A) IN GENERAL.—Payments’’;
(2) in the second sentence, by striking ‘‘In applying these
limitations’’ and inserting the following:
‘‘(B) TECHNICAL ASSISTANCE.—In applying the limitations under subparagraph (A)’’; and
(3) in subparagraph (A) (as so designated)—
(A) by striking ‘‘aggregate, $20,000 per year or $80,000
during any 6-year period.’’ and inserting the following:
‘‘aggregate—
‘‘(i) through fiscal year 2018—
‘‘(I) $20,000 per year; or
‘‘(II) $80,000 during any 6-year period; and’’;
and
(B) by adding at the end the following:
‘‘(ii) during the period of fiscal years 2019 through
2023, $140,000.’’.
(g) CONSERVATION INCENTIVE CONTRACTS.—Section 1240B of
the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended
by adding at the end the following:
‘‘(j) CONSERVATION INCENTIVE CONTRACTS.—
‘‘(1) IDENTIFICATION OF ELIGIBLE PRIORITY RESOURCE CONCERNS FOR STATES.—
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‘‘(A) IN GENERAL.—The Secretary, in consultation with
the applicable State technical committee established under
section 1261(a), shall identify watersheds (or other appropriate regions or areas within a State) and the corresponding priority resource concerns for those watersheds
or other regions or areas that are eligible to be the subject
of an incentive contract under this subsection.
‘‘(B) LIMITATION.—For each of the relevant land uses
within the watersheds, regions, or other areas identified
under subparagraph (A), the Secretary shall identify not
more than 3 eligible priority resource concerns.
‘‘(2) CONTRACTS.—
‘‘(A) AUTHORITY.—
‘‘(i) IN GENERAL.—The Secretary shall enter into
contracts with producers under this subsection that
require the implementation, adoption, management,
and maintenance of incentive practices that effectively
address at least 1 eligible priority resource concern
identified under paragraph (1) for the term of the
contract.
‘‘(ii) INCLUSIONS.—Through a contract entered into
under clause (i), the Secretary may provide—
‘‘(I) funding, through annual payments, for certain incentive practices to attain increased levels
of conservation on eligible land; or
‘‘(II) assistance, through a practice payment,
to implement an incentive practice.
‘‘(B) TERM.—A contract under this subsection shall
have a term of not less than 5, and not more than 10,
years.
‘‘(C) PRIORITIZATION.—Notwithstanding section 1240C,
the Secretary shall develop criteria for evaluating incentive
practice applications that—
‘‘(i) give priority to applications that address
eligible priority resource concerns identified under
paragraph (1); and
‘‘(ii) evaluate applications relative to other applications for similar agriculture and forest operations.
‘‘(3) INCENTIVE PRACTICE PAYMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall provide payments to producers through contracts entered into under
paragraph (2) for—
‘‘(i) adopting and installing incentive practices; and
‘‘(ii) managing, maintaining, and improving the
incentive practices for the duration of the contract,
as determined appropriate by the Secretary.
‘‘(B) PAYMENT AMOUNTS.—In determining the amount
of payments under subparagraph (A), the Secretary shall
consider, to the extent practicable—
‘‘(i) the level and extent of the incentive practice
to be installed, adopted, completed, maintained, managed, or improved;
‘‘(ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of
the incentive practice;
‘‘(iii) income foregone by the producer, including
payments, as appropriate, to address—
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‘‘(I) increased economic risk;
‘‘(II) loss in revenue due to anticipated reductions in yield; and
‘‘(III) economic losses during transition to a
resource-conserving cropping system or resourceconserving land use; and
‘‘(iv) the extent to which compensation would
ensure long-term continued maintenance, management, and improvement of the incentive practice.
‘‘(C) DELIVERY OF PAYMENTS.—In making payments
under subparagraph (A), the Secretary shall, to the extent
practicable—
‘‘(i) in the case of annual payments under paragraph (2)(A)(ii)(I), make those payments as soon as
practicable after October 1 of each fiscal year for which
increased levels of conservation are maintained during
the term of the contract; and
‘‘(ii) in the case of practice payments under paragraph (2)(A)(ii)(II), make those payments as soon as
practicable on the implementation of an incentive practice.’’.
SEC. 2305. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C.
3839aa–5(a)(3)) is amended by inserting ‘‘progressive’’ before
‘‘implementation’’.
SEC. 2306. LIMITATION ON PAYMENTS UNDER ENVIRONMENTAL
QUALITY INCENTIVES PROGRAM.
Section 1240G of the Food Security Act of 1985 (16 U.S.C.
3839aa–7) is amended—
(1) by striking ‘‘A person’’ and inserting ‘‘Not including
payments made under section 1240B(j), a person’’; and
(2) by inserting ‘‘or the period of fiscal years 2019 through
2023,’’ after ‘‘2018,’’.
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SEC. 2307. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
(a) COMPETITIVE GRANTS FOR INNOVATIVE CONSERVATION
APPROACHES.—Section 1240H(a)(2) of the Food Security Act of 1985
(16 U.S.C. 3839aa–8(a)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘program;’’ and
inserting ‘‘program or community colleges (as defined in section
1473E(a) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319e(a))) carrying out
demonstration projects on land of the community college;’’;
(2) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and
(3) by inserting after subparagraph (D) the following:
‘‘(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations;
‘‘(F) utilize edge-of-field and other monitoring practices
on farms—
‘‘(i) to quantify the impacts of practices implemented under the program; and
‘‘(ii) to assist producers in making the best conservation investments for the operations of the producers;’’.
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(b) AIR QUALITY CONCERNS
ATIONS.—Section 1240H(b)(2) of the
FROM AGRICULTURAL OPERFood Security Act of 1985 (16
U.S.C. 3839aa–8(b)(2)) is amended by striking ‘‘$25,000,000 for
each of fiscal years 2009 through 2018’’ and inserting ‘‘$37,500,000
for each of fiscal years 2019 through 2023’’.
(c) ON-FARM CONSERVATION INNOVATION TRIALS; REPORTING
AND DATABASE.—Section 1240H of the Food Security Act of 1985
(16 U.S.C. 3839aa–8) is amended by striking subsection (c) and
inserting the following:
‘‘(c) ON-FARM CONSERVATION INNOVATION TRIALS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’
means, as determined by the Secretary—
‘‘(i) a third-party private entity the primary business of which is related to agriculture;
‘‘(ii) a nongovernmental organization with experience working with agricultural producers; or
‘‘(iii) a governmental organization.
‘‘(B) NEW OR INNOVATIVE CONSERVATION APPROACH.—
The term ‘new or innovative conservation approach’
means—
‘‘(i) new or innovative—
‘‘(I) precision agriculture technologies;
‘‘(II) enhanced nutrient management plans,
nutrient recovery systems, and fertilization systems;
‘‘(III) soil health management systems,
including systems to increase soil carbon levels;
‘‘(IV) water management systems;
‘‘(V) resource-conserving crop rotations (as
defined in section 1240L(d)(1));
‘‘(VI) cover crops; and
‘‘(VII) irrigation systems; and
‘‘(ii) any other conservation approach approved by
the Secretary as new or innovative.
‘‘(2) TESTING NEW OR INNOVATIVE CONSERVATION
APPROACHES.—Using $25,000,000 of the funds made available
to carry out this subchapter for each of fiscal years 2019
through 2023, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test
new or innovative conservation approaches—
‘‘(A) directly with producers; or
‘‘(B) through eligible entities.
‘‘(3) INCENTIVE PAYMENTS.—
‘‘(A) AGREEMENTS.—In carrying out paragraph (2), the
Secretary shall enter into agreements with producers
(either directly or through eligible entities) on whose land
an on-farm conservation innovation trial is being carried
out to provide payments (including payments to compensate
for foregone income, as appropriate to address the increased
economic risk potentially associated with new or innovative
conservation approaches) to the producers to assist with
adopting and evaluating new or innovative conservation
approaches to achieve conservation benefits.
‘‘(B) ADJUSTED GROSS INCOME REQUIREMENTS.—
‘‘(i) IN GENERAL.—Adjusted gross income requirements under section 1001D(b)(1) shall—
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132 STAT. 4563
‘‘(I) apply to producers receiving payments
under this subsection; and
‘‘(II) be enforced by the Secretary.
‘‘(ii) REPORTING.—An eligible entity participating
in an on-farm conservation innovation trial under this
subsection shall report annually to the Secretary on
the amount of payments made to individual farm operations under this subsection.
‘‘(C) LIMITATION ON ADMINISTRATIVE EXPENSES.—None
of the funds made available to carry out this subsection
may be used to pay for the administrative expenses of
an eligible entity.
‘‘(D) LENGTH OF AGREEMENTS.—An agreement entered
into under subparagraph (A) shall be for a period determined by the Secretary that is—
‘‘(i) not less than 3 years; and
‘‘(ii) if appropriate, more than 3 years, including
if such a period is appropriate to support—
‘‘(I) adaptive management over multiple crop
years; and
‘‘(II) adequate data collection and analysis by
a producer or eligible entity to report the natural
resource and agricultural production benefits of
the new or innovative conservation approaches to
the Secretary.
‘‘(4) FLEXIBLE ADOPTION.—The scale of adoption of a new
or innovative conservation approach under an on-farm conservation innovation trial under an agreement under paragraph
(2) may include multiple scales on an operation, including whole
farm, field-level, or sub-field scales.
‘‘(5) TECHNICAL ASSISTANCE.—The Secretary shall provide
technical assistance—
‘‘(A) to each producer or eligible entity participating
in an on-farm conservation innovation trial under paragraph (2) with respect to the design, installation, and
management of the new or innovative conservation
approaches; and
‘‘(B) to each eligible entity participating in an on-farm
conservation innovation trial under paragraph (2) with
respect to data analyses of the on-farm conservation innovation trial.
‘‘(6) GEOGRAPHIC SCOPE.—The Secretary shall identify a
diversity of geographic regions of the United States in which
to establish on-farm conservation innovation trials under paragraph (2), taking into account factors such as soil type, cropping
history, and water availability.
‘‘(7) SOIL HEALTH DEMONSTRATION TRIAL.—Using funds
made available to carry out this subsection, the Secretary shall
carry out a soil health demonstration trial under which the
Secretary coordinates with eligible entities—
‘‘(A) to provide incentives to producers to implement
conservation practices that—
‘‘(i) improve soil health;
‘‘(ii) increase carbon levels in the soil; or
‘‘(iii) meet the goals described in clauses (i) and
(ii);
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‘‘(B) to establish protocols for measuring carbon levels
in the soil and testing carbon levels on land where conservation practices described in subparagraph (A) were
applied to evaluate gains in soil health as a result of
the practices implemented by the producers in the soil
health demonstration trial; and
‘‘(C)(i) not later than September 30, 2020, to initiate
a study regarding changes in soil health and, if feasible,
economic outcomes, generated as a result of the conservation practices described in subparagraph (A) that were
applied by producers through the soil health demonstration
trial; and
‘‘(ii) to submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate annual
reports on the progress and results of the study under
clause (i).
‘‘(d) REPORTING AND DATABASE.—
‘‘(1) REPORT REQUIRED.—Not later than September 30,
2019, and every 2 years thereafter, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report on the status of activities funded under
this section, including—
‘‘(A) funding awarded;
‘‘(B) results of the activities, including, if feasible, economic outcomes;
‘‘(C) incorporation of findings from the activities, such
as new technology and innovative approaches, into the
conservation efforts implemented by the Secretary; and
‘‘(D) on completion of the study required under subsection (c)(7)(C), the findings of the study.
‘‘(2) CONSERVATION PRACTICE DATABASE.—
‘‘(A) IN GENERAL.—The Secretary shall use the data
reported under paragraph (1) to establish and maintain
a publicly available conservation practice database that
provides—
‘‘(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes;
and
‘‘(ii) a list of recommended new and effective conservation practices.
‘‘(B) PRIVACY.—Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal
information of individual producers.’’.
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SEC. 2308. CONSERVATION STEWARDSHIP PROGRAM.
(a) DEFINITIONS.—Section 1240I of the Food Security Act of
1985 (as redesignated by section 2301(b)) is amended—
(1) in paragraph (2)(B)—
(A) in clause (i), by striking ‘‘and’’ at the end;
(B) in clause (ii), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
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132 STAT. 4565
‘‘(iii) development of a comprehensive conservation
plan, as defined in section 1240L(e)(1);
‘‘(iv) soil health planning, including planning to
increase soil organic matter; and
‘‘(v) activities that will assist a producer to adapt
to, or mitigate against, increasing weather volatility.’’;
and
(2) in paragraph (7), by striking the period at the end
and inserting the following: ‘‘through the use of—
‘‘(A) quality criteria under a resource management
system;
‘‘(B) predictive analytics tools or models developed or
approved by the Natural Resources Conservation Service;
‘‘(C) data from past and current enrollment in the
program; and
‘‘(D) other methods that measure conservation and
improvement in priority resource concerns, as determined
by the Secretary.’’.
(b) CONSERVATION STEWARDSHIP PROGRAM.—
(1) ESTABLISHMENT.—Subsection (a) of section 1240J of
the Food Security Act of 1985 (as redesignated by section
2301(b)) is amended in the matter preceding paragraph (1)
by striking ‘‘2014 through 2018’’ and inserting ‘‘2019 through
2023’’.
(2) EXCLUSIONS.—Subsection (b)(2) of section 1240J of the
Food Security Act of 1985 (as redesignated by section 2301(b))
is amended in the matter preceding paragraph (1) by striking
‘‘the Agricultural Act of 2014’’ and inserting the ‘‘Agriculture
Improvement Act of 2018’’.
(c) STEWARDSHIP CONTRACTS.—Section 1240K of the Food Security Act of 1985 (as redesignated by section 2301(b)) is amended—
(1) in subsection (b), by striking paragraph (1) and inserting
the following:
‘‘(1) RANKING OF APPLICATIONS.—
‘‘(A) IN GENERAL.—In evaluating contract offers submitted under subsection (a) and contract renewals under
subsection (e), the Secretary shall rank applications based
on—
‘‘(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at
the time of submission of the application;
‘‘(ii) the degree to which the proposed conservation
activities increase natural resource conservation and
environmental benefits; and
‘‘(iii) other consistent criteria, as determined by
the Secretary.
‘‘(B) ADDITIONAL CRITERION.—If 2 or more applications
receive the same ranking under subparagraph (A), the
Secretary shall rank those contracts based on the extent
to which the actual and anticipated conservation benefits
from each contract are provided at the lowest cost relative
to other similarly beneficial contract offers.’’;
(2) in subsection (c)—
(A) by striking ‘‘the program under subsection (a)’’
and inserting ‘‘a contract or contract renewal under this
section’’;
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PUBLIC LAW 115–334—DEC. 20, 2018
(B) by inserting ‘‘or contract renewal’’ before ‘‘offer
ranks’’;
(C) by inserting ‘‘or contract renewal’’ after ‘‘stewardship contract’’; and
(D) by adding ‘‘or contract renewal’’ before the period
at the end;
(3) in subsection (d)(2)(A), by striking ‘‘1238G(d)’’ and
inserting ‘‘1240L(c)’’; and
(4) in subsection (e)—
(A) in the matter preceding paragraph (1), by striking
‘‘At the end’’ and all that follows through ‘‘period’’ the
second place it appears and inserting the following: ‘‘The
Secretary may provide the producer an opportunity to
renew an existing contract in the first half of the fifth
year of the contract period’’;
(B) in paragraph (1), by striking ‘‘initial’’ and inserting
‘‘existing’’;
(C) in paragraph (2)—
(i) by inserting ‘‘new or improved’’ after ‘‘integrate’’;
and
(ii) by inserting ‘‘demonstrating continued improvement during the additional 5-year period,’’ after ‘‘operation,’’; and
(D) in paragraph (3)(B), by striking ‘‘to exceed the
stewardship threshold of’’ and inserting ‘‘to adopt or
improve conservation activities, as determined by the Secretary, to achieve higher levels of performance with respect
to not less than’’.
(d) DUTIES OF SECRETARY.—Section 1240L of the Food Security
Act of 1985 (as redesignated by section 2301(b)) is amended—
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘acres’’ and inserting ‘‘funding’’;
(2) by striking subsection (c);
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively;
(4) in subsection (c) (as so redesignated), by adding at
the end the following:
‘‘(5) PAYMENT FOR COVER CROP ACTIVITIES.—The amount
of a payment under this subsection for cover crop activities
shall be not less than 125 percent of the annual payment
amount determined by the Secretary under paragraph (2).’’;
(5) in subsection (d) (as so redesignated)—
(A) in the subsection heading, by inserting ‘‘AND
ADVANCED GRAZING MANAGEMENT’’ after ‘‘ROTATIONS’’;
(B) by striking paragraph (2);
(C) by redesignating paragraphs (1) and (4) as paragraphs (2) and (1), respectively, and moving the paragraphs
so as to appear in numerical order;
(D) in paragraph (1) (as so redesignated)—
(i) by redesignating subparagraphs (A) through (D)
and (E) as clauses (i) through (iv) and (vi), respectively,
and indenting appropriately;
(ii) by striking the paragraph designation and all
that follows through ‘‘the term’’ in the matter preceding
clause (i) (as so redesignated) and inserting the following:
‘‘(1) DEFINITIONS.—In this subsection:
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132 STAT. 4567
‘‘(A) ADVANCED GRAZING MANAGEMENT.—The term
‘advanced grazing management’ means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for—
‘‘(i) improved soil health and carbon sequestration;
‘‘(ii) drought resilience;
‘‘(iii) wildlife habitat;
‘‘(iv) wildfire mitigation;
‘‘(v) control of invasive plants; and
‘‘(vi) water quality improvement.
‘‘(B) MANAGEMENT-INTENSIVE ROTATIONAL GRAZING.—
The term ‘management-intensive rotational grazing’ means
a strategic, adaptively managed multipasture grazing
system in which animals are regularly and systematically
moved to fresh pasture in a manner that—
‘‘(i) maximizes the quantity and quality of forage
growth;
‘‘(ii) improves manure distribution and nutrient
cycling;
‘‘(iii) increases carbon sequestration from greater
forage harvest;
‘‘(iv) improves the quality and quantity of cover
for wildlife;
‘‘(v) provides permanent cover to protect the soil
from erosion; and
‘‘(vi) improves water quality.
‘‘(C) RESOURCE-CONSERVING CROP ROTATION.—The
term’’; and
(iii) in subparagraph (C) (as so designated)—
(I) in clause (iv) (as so redesignated), by
striking ‘‘and’’ at the end; and
(II) by inserting after clause (iv) (as so redesignated) the following:
‘‘(v) builds soil organic matter; and’’;
(E) in paragraph (2) (as so redesignated), by striking
‘‘improve resource-conserving’’ and all that follows through
the period at the end and inserting the following: ‘‘improve,
manage, and maintain—
‘‘(A) resource-conserving crop rotations; or
‘‘(B) advanced grazing management.’’;
(F) in paragraph (3)—
(i) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (2)’’; and
(ii) by striking ‘‘and maintain’’ and all that follows
through the period at the end and inserting ‘‘or
improve, manage, and maintain resource-conserving
crop rotations or advanced grazing management for
the term of the contract.’’; and
(G) by adding at the end the following:
‘‘(4) AMOUNT OF PAYMENT.—An additional payment provided under paragraph (2) shall be not less than 150 percent
of the annual payment amount determined by the Secretary
under subsection (c)(2).’’;
(6) by inserting after subsection (d) (as so redesignated)
the following:
‘‘(e) PAYMENT FOR COMPREHENSIVE CONSERVATION PLAN.—
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‘‘(1) DEFINITION OF COMPREHENSIVE CONSERVATION PLAN.—
In this subsection, the term ‘comprehensive conservation plan’
means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by
the Secretary under subsection (a)(2).
‘‘(2) PAYMENT FOR COMPREHENSIVE CONSERVATION PLAN.—
The Secretary shall provide a 1-time payment to a producer
that develops a comprehensive conservation plan.
‘‘(3) AMOUNT OF PAYMENT.—The Secretary shall determine
the amount of payment under paragraph (2) based on—
‘‘(A) the number of priority resource concerns addressed
in the comprehensive conservation plan; and
‘‘(B) the number of types of land uses included in
the comprehensive conservation plan.’’;
(7) in subsection (f), by striking ‘‘2014 through 2018’’ and
inserting ‘‘2019 through 2023’’;
(8) in subsection (h)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘The Secretary’’ and inserting
the following:
‘‘(h) ORGANIC CERTIFICATION.—
‘‘(1) COORDINATION.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(2) ALLOCATION.—
‘‘(A) IN GENERAL.—Using funds made available for the
program for each of fiscal years 2019 through 2023, the
Secretary shall allocate funding to States to support organic
production and transition to organic production through
paragraph (1).
‘‘(B) DETERMINATION.—The Secretary shall determine
the allocation to a State under subparagraph (A) based
on—
‘‘(i) the number of certified and transitioning
organic operations within the State; and
‘‘(ii) the number of acres of certified and
transitioning organic production within the State.’’; and
(9) by adding at the end the following:
‘‘(j) STREAMLINING AND COORDINATION.—To the maximum
extent feasible, the Secretary shall provide for streamlined and
coordinated procedures for the program and the environmental
quality incentives program under subchapter A, including applications, contracting, conservation planning, conservation practices,
and related administrative procedures.
‘‘(k) SOIL HEALTH.—To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.
‘‘(l) ANNUAL REPORT.—Each fiscal year, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report describing the payment rates for conservation
activities offered to producers under the program and an analysis
of whether payment rates can be reduced for the most expensive
conservation activities.’’.
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SEC. 2309. GRASSLAND CONSERVATION INITIATIVE.
Subchapter B of chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (as added by subsections (a)(2) and
(b) of section 2301) is amended by adding at the end the following:
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132 STAT. 4569
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‘‘SEC. 1240L–1. GRASSLAND CONSERVATION INITIATIVE.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE LAND.—Notwithstanding sections 1240I(4)
and 1240J(b)(2), the term ‘eligible land’ means cropland on
a farm for which base acres have been maintained by the
Secretary under section 1112(d)(3) of the Agricultural Act of
2014 (7 U.S.C. 9012(d)(3)).
‘‘(2) INITIATIVE.—The term ‘initiative’ means the grassland
conservation initiative established under subsection (b).
‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall establish within the program a grassland conservation initiative for
the purpose of assisting producers in protecting grazing uses, conserving and improving soil, water, and wildlife resources, and
achieving related conservation values by conserving eligible land
through grassland conservation contracts under subsection (e).
‘‘(c) ELECTION.—Beginning in fiscal year 2019, the Secretary
shall provide a 1-time election to enroll eligible land in the initiative
under a contract described in subsection (e).
‘‘(d) METHOD OF ENROLLMENT.—The Secretary shall—
‘‘(1) notwithstanding subsection (b) of section 1240K, determine under subsection (c) of that section that eligible land
ranks sufficiently high under the evaluation criteria described
in subsection (b) of that section; and
‘‘(2) enroll the eligible land in the initiative under a contract
described in subsection (e).
‘‘(e) GRASSLAND CONSERVATION CONTRACT.—
‘‘(1) IN GENERAL.—Notwithstanding section 1240K(a)(1), to
enroll eligible land in the initiative under a grassland conservation contract, a producer shall agree—
‘‘(A) to meet or exceed the stewardship threshold for
not less than 1 priority resource concern by the date on
which the contract expires; and
‘‘(B) to comply with the terms and conditions of the
contract.
‘‘(2) TERMS.—A grassland conservation contract entered
into under this section shall—
‘‘(A)(i) be for a single 5-year term; and
‘‘(ii) not be subject to renewal or reenrollment under
section 1240K(e); and
‘‘(B) be subject to section 1240K(d).
‘‘(3) EARLY TERMINATION.—The Secretary shall allow a producer that enters into a grassland conservation contract under
this section—
‘‘(A) to terminate the contract at any time; and
‘‘(B) to retain payments already received under the
contract.
‘‘(f) GRASSLAND CONSERVATION PLAN.—The grassland conservation plan developed for eligible land shall be limited to—
‘‘(1) eligible land; and
‘‘(2) resource concerns and activities relating to grassland.
‘‘(g) PAYMENTS.—
‘‘(1) IN GENERAL.—Beginning in fiscal year 2019, of the
funds made available for this subchapter under section
1241(a)(3)(B), and notwithstanding any payment under title
I of the Agriculture Improvement Act of 2018, an amendment
made by that title, or section 1240L(c), the Secretary shall
make annual grassland conservation contract payments to the
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producer of any eligible land that is the subject of a grassland
conservation contract under this section.
‘‘(2) PAYMENT NONELIGIBILITY.—A grassland conservation
contract under this section shall not be—
‘‘(A) eligible for payments under section 1240L(d); or
‘‘(B) subject to the payment limitations under this subchapter.
‘‘(3) LIMITATION.—The amount of an annual payment under
this subsection shall be $18 per acre, not to exceed the number
of base acres on a farm.
‘‘(h) CONSIDERED PLANTED.—The Secretary shall consider land
enrolled under a grassland conservation contract under this section
during a crop year to be planted or considered planted to a covered
commodity (as defined in section 1111 of the Agricultural Act of
2014 (7 U.S.C. 9011)) during that crop year.
‘‘(i) OTHER CONTRACTS.—A producer with an agricultural operation that contains land eligible under this section and land eligible
under section 1240K—
‘‘(1) may enroll the land eligible under this section through
a contract under this section or under section 1240K; and
‘‘(2) shall not be prohibited from enrolling the land eligible
under section 1240K through a contract under section 1240K.’’.
Subtitle D—Other Conservation Programs
SEC. 2401. WATERSHED PROTECTION AND FLOOD PREVENTION.
(a) ASSISTANCE TO LOCAL ORGANIZATIONS.—Section 3 of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1003)
is amended—
(1) by striking the section designation and all that follows
through ‘‘In order to assist’’ and inserting the following:
‘‘SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS.
‘‘(a) IN GENERAL.—In order to assist’’; and
(2) by adding at the end the following:
‘‘(b) WAIVER.—The Secretary may waive the watershed plan
for works of improvement if the Secretary determines that—
‘‘(1) the watershed plan is unnecessary or duplicative; and
‘‘(2) the works of improvement are otherwise consistent
with applicable requirements under section 4.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 14(h)(2)(E) of
the Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(2)(E)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
(c) FUNDS OF COMMODITY CREDIT CORPORATION.—The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.)
is amended by adding at the end the following:
16 USC 1012a.
‘‘SEC. 15. FUNDING.
‘‘In addition to any other funds made available by this Act,
of the funds of the Commodity Credit Corporation, the Secretary
shall make available to carry out this Act $50,000,000 for fiscal
year 2019 and each fiscal year thereafter.’’.
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SEC. 2402. SOIL AND WATER RESOURCES CONSERVATION.
The Soil and Water Resources Conservation Act of 1977 (16
U.S.C. 2001 et seq.) is amended—
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(1) in section 5(e) (16 U.S.C. 2004(e)), by striking ‘‘and
December 31, 2015’’ and inserting ‘‘December 31, 2015, and
December 31, 2022’’;
(2) in section 6(d) (16 U.S.C. 2005(d)), by striking ‘‘, respectively’’ and inserting ‘‘, and a program update shall be completed
by December 31, 2023’’;
(3) in section 7 (16 U.S.C. 2006)—
(A) in subsection (a), by striking ‘‘and 2016’’ and
inserting ‘‘, 2016, and 2022’’; and
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘and 2017’’ and inserting ‘‘, 2017, and
2023’’; and
(4) in section 10 (16 U.S.C. 2009), by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 2403. EMERGENCY CONSERVATION PROGRAM.
(a) REPAIR OR REPLACEMENT OF FENCING.—
(1) IN GENERAL.—Section 401 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2201) is amended—
(A) by inserting ‘‘wildfires,’’ after ‘‘hurricanes,’’;
(B) by striking the section designation and all that
follows through ‘‘The Secretary of Agriculture’’ and
inserting the following:
‘‘SEC. 401. EMERGENCY CONSERVATION PROGRAM.
‘‘(a) IN GENERAL.—The Secretary of Agriculture (referred to
in this title as the ‘Secretary’)’’; and
(C) by adding at the end the following:
‘‘(b) REPAIR OR REPLACEMENT OF FENCING.—
‘‘(1) IN GENERAL.—With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving not more than 25 percent of
the payment, determined by the Secretary based on the
applicable percentage of the fair market value of the cost of
the repair or replacement, before the agricultural producer
carries out the repair or replacement.
‘‘(2) RETURN OF FUNDS.—If the funds provided under paragraph (1) are not expended by the end of the 60-day period
beginning on the date on which the agricultural producer
receives those funds, the funds shall be returned within a
reasonable timeframe, as determined by the Secretary.’’.
(2) CONFORMING AMENDMENTS.—
(A) Sections 402, 403, 404, and 405 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205)
are amended by striking ‘‘Secretary of Agriculture’’ each
place it appears and inserting ‘‘Secretary’’.
(B) Section 407(a) of the Agricultural Credit Act of
1978 (16 U.S.C. 2206(a)) is amended by striking paragraph
(4).
(b) COST SHARE PAYMENTS.—Title IV of the Agricultural Credit
Act of 1978 is amended by inserting after section 402 (16 U.S.C.
2202) the following:
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‘‘SEC. 402A. COST-SHARE REQUIREMENT.
16 USC 2202a.
‘‘(a) COST-SHARE RATE.—Subject to subsections (b) and (c), the
maximum cost-share payment under sections 401 and 402 shall
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not exceed 75 percent of the total allowable cost, as determined
by the Secretary.
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a payment
to a limited resource farmer or rancher, a socially disadvantaged
farmer or rancher (as defined in subsection (a) of section 2501
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279), or a beginning farmer or rancher under section
401 or 402 shall not exceed 90 percent of the total allowable cost,
as determined by the Secretary.
‘‘(c) LIMITATION.—The total payment under sections 401 and
402 for a single event may not exceed 50 percent of the agriculture
value of the land, as determined by the Secretary.’’.
(c) PAYMENT LIMITATIONS.—Title IV of the Agricultural Credit
Act of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting
after section 402A (as added by subsection (b)) the following:
16 USC 2202b.
‘‘SEC. 402B. PAYMENT LIMITATION.
‘‘The maximum payment made under the emergency conservation program to an agricultural producer under sections 401 and
402 shall not exceed $500,000.’’.
(d) WATERSHED PROTECTION PROGRAM.—Section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended—
(1) by striking the section heading and inserting ‘‘EMERGENCY WATERSHED PROGRAM’’; and
(2) in subsection (a), by inserting ‘‘watershed protection’’
after ‘‘emergency’’.
(e) FUNDING AND ADMINISTRATION.—Section 404 of the Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended—
(1) in the fourth sentence, by striking ‘‘The Corporation’’
and inserting the following:
‘‘(d) LIMITATION.—The Commodity Credit Corporation’’;
(2) in the third sentence (as amended by subsection
(a)(2)(A)), by striking ‘‘In implementing the provisions of’’ and
inserting the following:
‘‘(c) USE OF COMMODITY CREDIT CORPORATION.—In implementing’’;
(3) by striking the second sentence;
(4) by striking the section designation and all that follows
through ‘‘There are authorized’’ in the first sentence and
inserting the following:
‘‘SEC. 404. FUNDING AND ADMINISTRATION.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized’’;
(5) in subsection (a) (as so designated), by inserting ‘‘,
to remain available until expended’’ before the period at the
end; and
(6) by inserting after subsection (a) (as so designated) the
following:
‘‘(b) SET-ASIDE FOR FENCING.—Of the amounts made available
under subsection (a) for a fiscal year, 25 percent shall be set
aside until April 1 of that fiscal year for the repair or replacement
of fencing.’’.
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SEC. 2404. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M of the Food Security Act of 1985 (16 U.S.C.
3839bb) is amended—
(1) in subsection (c)(2), by adding at the end the following:
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‘‘(C) PARTNERSHIPS.—In carrying out the program
under this section, the Secretary shall provide education
and outreach activities through partnerships with—
‘‘(i) land-grant colleges and universities (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)); and
‘‘(ii) nongovernmental organizations.’’; and
(2) in subsection (e), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC. 2405. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1240O(b)(1)
of the Food Security Act of 1985 (16 U.S.C. 3839bb–2(b)(1)) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
(b) AVAILABILITY OF FUNDS.—Section 1240O(b) of the Food
Security Act of 1985 (16 U.S.C. 3839bb–2(b)) is amended by adding
at the end the following:
‘‘(3) ADDITIONAL FUNDING.—In addition to any other funds
made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000
beginning in fiscal year 2019, to remain available until
expended.’’.
SEC. 2406. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
Section 1240R of the Food Security Act of 1985 (16 U.S.C.
3839bb–5) is amended—
(1) in subsections (a) and (c), by striking ‘‘grants’’ each
place it appears and inserting ‘‘funding’’;
(2) in subsections (b) and (d)(2), by striking ‘‘a grant’’ each
place it appears and inserting ‘‘funding’’;
(3) in subsection (c)(3) (as amended by section 2202(b)(1)),
by inserting ‘‘or on land covered by a wetland reserve easement
under section 1265C’’ before ‘‘by providing’’; and
(4) in subsection (f)—
(A) in paragraph (1)—
(i) by striking ‘‘2012 and’’ and inserting ‘‘2012,’’;
and
(ii) by inserting ‘‘, and $50,000,000 for the period
of fiscal years 2019 through 2023’’ before the period
at the end;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
‘‘(2) ENHANCED PUBLIC ACCESS TO WETLAND RESERVE EASEMENTS.—To the maximum extent practicable, of the funds made
available under paragraph (1), the Secretary shall use
$3,000,000 for the period of fiscal years 2019 through 2023
to encourage public access to land covered by wetland reserve
easements under section 1265C through agreements with
States and tribal governments under this section.’’.
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SEC. 2407. WILDLIFE MANAGEMENT.
(a) IN GENERAL.—The Secretary and the Secretary of the
Interior shall continue to carry out the Working Lands for Wildlife
model of conservation on working landscapes, as implemented on
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16 USC 1531
note.
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the day before the date of enactment of this Act, in accordance
with—
(1) the document entitled ‘‘Partnership Agreement Between
the United States Department of Agriculture Natural Resources
Conservation Service and the United States Department of
the Interior Fish and Wildlife Service’’, numbered A–3A7516–
937, and formalized by the Chief of the Natural Resources
Conservation Service on September 15, 2016, and by the
Director of the United States Fish and Wildlife Service on
August 4, 2016, as in effect on September 15, 2016; and
(2) United States Fish and Wildlife Service Director’s Order
No. 217, dated August 9, 2016, as in effect on August 9, 2016.
(b) EXPANSION OF MODEL.—The Secretary and the Secretary
of the Interior may expand the conservation model described in
subsection (a) through a new partnership agreement between the
Farm Service Agency and the United States Fish and Wildlife
Service for the purpose of carrying out conservation activities for
species conservation.
(c) EXTENSION OF PERIOD OF REGULATORY PREDICTABILITY.—
(1) DEFINITION OF PERIOD OF REGULATORY PREDICTABILITY.—In this subsection, the term ‘‘period of regulatory
predictability’’ means the period of regulatory predictability
under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) initially determined in accordance with the document
and order described in paragraphs (1) and (2), respectively,
of subsection (a).
(2) EXTENSION.—After the period of regulatory predictability, on request of the Secretary, the Secretary of the Interior,
acting through the Director of the United States Fish and
Wildlife Service, may provide additional consultation under
section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)), or additional conference under section 7(a)(4) of
that Act (16 U.S.C. 1536(a)(4)), as applicable, with the Chief
of the Natural Resources Conservation Service or the Administrator of the Farm Service Agency, as applicable, to extend
the period of regulatory predictability.
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7 USC 8351 note.
SEC. 2408. FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM.
(a) IN GENERAL.—The Secretary shall establish a feral swine
eradication and control pilot program to respond to the threat
feral swine pose to agriculture, native ecosystems, and human
and animal health.
(b) DUTIES OF THE SECRETARY.—In carrying out the pilot program, the Secretary shall—
(1) study and assess the nature and extent of damage
to the pilot areas caused by feral swine;
(2) develop methods to eradicate or control feral swine
in the pilot areas;
(3) develop methods to restore damage caused by feral
swine; and
(4) provide financial assistance to agricultural producers
in pilot areas.
(c) ASSISTANCE.—The Secretary may provide financial assistance to agricultural producers under the pilot program to implement
methods to—
(1) eradicate or control feral swine in the pilot areas; and
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(2) restore damage caused by feral swine.
(d) COORDINATION.—The Secretary shall ensure that the Natural Resources Conservation Service and the Animal and Plant
Health Inspection Service coordinate for purposes of this section
through State technical committees established under section
1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)).
(e) PILOT AREAS.—The Secretary shall carry out the pilot program in areas of States in which feral swine have been identified
as a threat to agriculture, native ecosystems, or human or animal
health, as determined by the Secretary.
(f) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the costs of
activities under the pilot program may not exceed 75 percent
of the total costs of such activities.
(2) IN-KIND CONTRIBUTIONS.—The non-Federal share of the
costs of activities under the pilot program may be provided
in the form of in-kind contributions of materials or services.
(g) FUNDING.—
(1) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $75,000,000 for the period of fiscal years 2019 through
2023.
(2) DISTRIBUTION OF FUNDS.—Of the funds made available
under paragraph (1)—
(A) 50 percent shall be allocated to the Natural
Resources Conservation Service to carry out the pilot program, including the provision of financial assistance to
producers for on-farm trapping and technology related to
capturing and confining feral swine; and
(B) 50 percent shall be allocated to the Animal and
Plant Health Inspection Service to carry out the pilot program, including the use of established, and testing of
innovative, population reduction methods.
(3) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more
than 10 percent of funds made available under this section
may be used for administrative expenses of the pilot program.
SEC. 2409. REPORT ON SMALL WETLANDS.
(a) IN GENERAL.—The Secretary, acting through the Chief of
the Natural Resources Conservation Service, shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report describing the number of wetlands with an area not more
than 1 acre that have been delineated in each of the States of
North Dakota, South Dakota, Minnesota, and Iowa during fiscal
years 2014 through 2018.
(b) REQUIREMENT.—In the report under subsection (a), the Secretary, acting through the Chief of the Natural Resources Conservation Service, shall list the number of wetlands acres in each State
described in the report by tenths of an acre, and ensure the report
is based on the best available science.
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SEC. 2410. SENSE OF CONGRESS RELATING TO INCREASED WATERSHED-BASED COLLABORATION.
It is the sense of Congress that the Federal Government should
recognize and encourage partnerships at the watershed level
between nonpoint sources and regulated point sources to advance
the goals of the Federal Water Pollution Control Act (33 U.S.C.
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1251 et seq.) and provide benefits to farmers, landowners, and
the public.
Subtitle E—Funding and Administration
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SEC. 2501. COMMODITY CREDIT CORPORATION.
(a) ANNUAL FUNDING.—Section 1241(a) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘2018
(and fiscal year 2019 in the case of the program specified
in paragraph (5))’’ and inserting ‘‘2023’’;
(2) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘$10,000,000 for
the period of fiscal years 2014 through 2018’’ and inserting
‘‘$12,000,000 for the period of fiscal years 2019 through
2023’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘$33,000,000 for the period of fiscal
years 2014 through 2018’’ and inserting ‘‘$50,000,000
for the period of fiscal years 2019 through 2023,
including not more than $5,000,000 to provide outreach
and technical assistance,’’; and
(ii) by striking ‘‘retired or retiring owners and
operators’’ and inserting ‘‘contract holders’’;
(3) in paragraph (2)—
(A) in subparagraph (D), by striking ‘‘and’’ at the end;
(B) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(F) $450,000,000 for each of fiscal years 2019 through
2023.’’;
(4) by striking paragraph (3) and inserting the following:
‘‘(3) The programs under chapter 4, using, to the maximum
extent practicable—
‘‘(A) for the environmental quality incentives program
under subchapter A of that chapter—
‘‘(i) $1,750,000,000 for fiscal year 2019;
‘‘(ii) $1,750,000,000 for fiscal year 2020;
‘‘(iii) $1,800,000,000 for fiscal year 2021;
‘‘(iv) $1,850,000,000 for fiscal year 2022; and
‘‘(v) $2,025,000,000 for fiscal year 2023; and
‘‘(B) for the conservation stewardship program under
subchapter B of that chapter—
‘‘(i) $700,000,000 for fiscal year 2019;
‘‘(ii) $725,000,000 for fiscal year 2020;
‘‘(iii) $750,000,000 for fiscal year 2021;
‘‘(iv) $800,000,000 for fiscal year 2022; and
‘‘(v) $1,000,000,000 for fiscal year 2023.’’;
(5) in paragraph (4), by inserting ‘‘(as in effect on the
day before the date of enactment of the Agriculture Improvement Act of 2018), using such sums as are necessary to administer contracts entered into before that date of enactment’’
before the period at the end; and
(6) by striking paragraph (5).
(b) AVAILABILITY OF FUNDS.—Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ‘‘2018
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4577
(and fiscal year 2019 in the case of the program specified in subsection (a)(5))’’ and inserting ‘‘2023’’.
(c) REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.—Section 1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(i))
is amended to read as follows:
‘‘(i) REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.—
Not later than December 15 of each of calendar years 2019 through
2023, the Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an annual report containing
statistics by State related to enrollments in conservation programs
under this title, as follows:
‘‘(1) The annual and current cumulative activity reflecting
active agreement and contract enrollment statistics.
‘‘(2) Secretarial exceptions, waivers, and significant payments, including—
‘‘(A) payments made under the agricultural 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);
‘‘(D) exceptions and activity associated with section
1240B(h)(2); and
‘‘(E) exceptions provided by the Secretary under section
1265B(b)(2)(B)(ii).’’.
(d) ALLOCATIONS REVIEW AND UPDATE.—Section 1241(g) of the
Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘January’’ and all that follows through
‘‘shall’’ and inserting ‘‘1 year after the date of enactment
of the Agriculture Improvement Act of 2018, the Secretary,
acting through the Chief of the Natural Resources Conservation Service and the Administrator of the Farm
Service Agency, shall’’;
(B) by inserting ‘‘annual’’ after ‘‘utilize’’; and
(C) by inserting ‘‘relevant data on local natural
resource concerns, resource inventories, evaluations and
reports, recommendations from State technical committees
established under section 1261(a),’’ after ‘‘accounting for’’;
and
(2) in paragraph (2)—
(A) by striking ‘‘that the formulas’’ and inserting the
following: ‘‘that—
‘‘(A) the formulas’’;
(B) in subparagraph (A) (as so designated), by striking
the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(B) to the maximum extent practicable, local natural
resource concerns are considered a leading factor in determining annual funding allocation to States;
‘‘(C) the process used at the national level to evaluate
State budget proposals and to allocate funds is reviewed
annually to assess the effect of allocations in addressing
identified natural resource priorities and objectives; and
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132 STAT. 4578
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(D) the allocation of funds to States addresses priority
natural resource concerns and objectives.’’.
(e) ASSISTANCE TO CERTAIN FARMERS OR RANCHERS FOR CONSERVATION ACCESS.—Section 1241(h) of the Food Security Act of
1985 (16 U.S.C. 3841(h)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting appropriately;
(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘Of the funds’’ and inserting the following:
‘‘(A) FISCAL YEARS 2009 THROUGH 2018.—Of the funds’’;
and
(C) by adding at the end the following:
‘‘(B) FISCAL YEARS 2019 THROUGH 2023.—Of the funds
made available for each of fiscal years 2019 through 2023
to carry out the environmental quality incentives program
under subchapter A of chapter 4 of subtitle D and the
conservation stewardship program under subchapter B of
chapter 4 of subtitle D, the Secretary shall use, to the
maximum extent practicable—
‘‘(i) 5 percent to assist beginning farmers or
ranchers; and
‘‘(ii) 5 percent to assist socially disadvantaged
farmers or ranchers.’’;
(2) in paragraph (2), by inserting ‘‘and, in the case of
fiscal years 2019 through 2023, under the conservation stewardship program under subchapter B of chapter 4 of subtitle D’’
before the period at the end;
(3) in paragraph (3), by striking ‘‘year, acres not obligated
under paragraph (1)’’ and inserting ‘‘year through fiscal year
2018, acres not obligated under paragraph (1)(A)’’; and
(4) in paragraph (4), by striking ‘‘subparagraph (A) or (B)
of paragraph (1)’’ and inserting ‘‘, as applicable, clause (i) or
(ii) of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B)’’.
(f) CONSERVATION STANDARDS AND REQUIREMENTS.—Section
1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended
by adding at the end the following:
‘‘(j) CONSERVATION STANDARDS AND REQUIREMENTS.—
‘‘(1) IN GENERAL.—Subject to the requirements of this title,
the Natural Resources Conservation Service shall serve as the
lead agency in developing and establishing technical standards
and requirements for conservation programs carried out under
this title, including—
‘‘(A) standards for conservation practices under this
title;
‘‘(B) technical guidelines for implementing conservation
practices under this title, including the location of the
conservation practices; and
‘‘(C) standards for conservation plans.
‘‘(2) CONSISTENCY OF FARM SERVICE AGENCY TECHNICAL
STANDARDS AND PAYMENT RATES.—The Administrator of the
Farm Service Agency shall ensure that—
‘‘(A) technical standards of programs administered by
the Farm Service Agency are consistent with the technical
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132 STAT. 4579
standards established by the Natural Resources Conservation Service under paragraph (1); and
‘‘(B) payment rates, to the extent practicable, are consistent between the Farm Service Agency and the Natural
Resources Conservation Service.’’.
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SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
(a) DEFINITIONS.—Section 1242(a) of the Food Security Act of
1985 (16 U.S.C. 3842(a)) is amended to read as follows:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligible participant’
means a producer, landowner, or entity that is participating
in, or seeking to participate in, programs in which the producer,
landowner, or entity is otherwise eligible to participate under
this title or the agricultural management assistance program
under section 524(b) of the Federal Crop Insurance Act (7
U.S.C. 1524(b)).
‘‘(2) THIRD-PARTY PROVIDER.—The term ‘third-party provider’ means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined
by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency,
that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed
planning, or environmental engineering.’’.
(b) CERTIFICATION PROCESS.—Section 1242(e) of the Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at
the end the following:
‘‘(4) CERTIFICATION PROCESS.—The Secretary shall certify
a third-party provider through—
‘‘(A) a certification process administered by the Secretary, acting through the Chief of the Natural Resources
Conservation Service; or
‘‘(B) a non-Federal entity approved by the Secretary
to perform the certification.
‘‘(5) STREAMLINED CERTIFICATION.—The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including
a sustainability certification.’’.
(c) EXPEDITED REVISION OF STANDARDS.—Section 1242(h) of
the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended—
(1) in paragraph (1)—
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) not later than 1 year after the date of enactment
of the Agriculture Improvement Act of 2018, complete a
review of each conservation practice standard, including
engineering design specifications, in effect on the day before
the date of enactment of that Act;’’;
(B) in subparagraph (B), by striking ‘‘and’’ at the end;
(C) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(D) evaluate opportunities to increase flexibility in
conservation practice standards in a manner that ensures
equivalent natural resource benefits.’’;
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(2) in paragraph (2), by inserting ‘‘State technical committees established under section 1261(a),’’ before ‘‘crop consultants’’; and
(3) by striking paragraph (3) and inserting the following:
‘‘(3) EXPEDITED REVISION OF STANDARDS.—Not later than
1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall develop for the programs
under this title an administrative process for—
‘‘(A) expediting the establishment and revision of conservation practice standards;
‘‘(B) considering conservation innovations and scientific
and technological advancements with respect to any
establishment or revision under subparagraph (A);
‘‘(C) allowing local flexibility in the creation of—
‘‘(i) interim practice standards and supplements
to existing practice standards to address the considerations described in subparagraph (B); and
‘‘(ii) partnership-led proposals for new and innovative techniques to facilitate implementing agreements
and grants under this title; and
‘‘(D) soliciting regular input from State technical
committees established under section 1261(a) for recommendations that identify innovations or advancements
described in subparagraph (B).
‘‘(4) REPORT.—Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, and
every 2 years thereafter, the Secretary shall submit to Congress
a report on—
‘‘(A) the administrative process developed under paragraph (3);
‘‘(B) conservation practice standards that were established or revised under that process; and
‘‘(C) conservation innovations that were considered
under that process.’’.
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SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION
PROGRAMS.
(a) ACREAGE LIMITATIONS.—Section 1244(f) of the Food Security
Act of 1985 (16 U.S.C. 3844(f)) is amended—
(1) in paragraph (1)(B), by striking ‘‘10’’ and inserting ‘‘15’’;
and
(2) in paragraph (5), by striking ‘‘the Agricultural Act of
2014’’ and inserting ‘‘the Agriculture Improvement Act of 2018’’.
(b) REQUIREMENTS FOR CONSERVATION PROGRAMS.—Section
1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended—
(1) by striking subsection (m);
(2) by redesignating subsections (j) through (l) as subsections (k) through (m), respectively; and
(3) by inserting after subsection (i) the following:
‘‘(j) REVIEW AND GUIDANCE FOR PRACTICE COSTS AND PAYMENT
RATES.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018, and
not later than October 1 of each year thereafter, the Secretary
shall—
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132 STAT. 4581
‘‘(A) review the estimates for practice costs and rates
of payments made to producers for practices on eligible
land under this title; and
‘‘(B) evaluate whether those costs and rates reflect
a payment that—
‘‘(i) encourages participation in a conservation program administered by the Secretary;
‘‘(ii) encourages implementation of the most effective practices to address local natural resource concerns
on eligible land; and
‘‘(iii) accounts for regional, State, and local variability relating to the complexity, implementation, and
adoption of practices on eligible land.
‘‘(2) GUIDANCE; REVIEW.—The Secretary shall—
‘‘(A) issue guidance to States to annually review and
adjust the estimates for practice costs and rates of payments made to producers to reflect the evaluation factors
described in paragraph (1)(B); and
‘‘(B) determine the appropriate practice costs and rates
of payments for each State by—
‘‘(i) annually reviewing each conservation program
payment schedule and payment rate used in the State;
and
‘‘(ii) consulting with the State technical committee
established under section 1261(a) in that State.’’.
(c) FUNDING FOR INDIAN TRIBES.—Section 1244(m) of the Food
Security Act of 1985 (as redesignated by subsection (b)(2)) is
amended—
(1) by striking ‘‘may’’ and inserting ‘‘shall’’;
(2) by striking ‘‘that the goals’’ and inserting the following:
‘‘that—
‘‘(1) the goals’’;
(3) in paragraph (1) (as so designated), by striking ‘‘arrangements, and that statutory’’ and inserting the following:
‘‘arrangements;
‘‘(2) a sufficient number of eligible participants will be
aggregated under the alternative funding arrangement to
accomplish the underlying purposes and objectives of the
applicable program; and
‘‘(3) statutory’’; and
(4) in paragraph (3) (as so designated), by striking the
period at the end and inserting ‘‘, except that the Secretary
may approve a waiver if the Secretary is authorized to approve
a waiver under the statutory authority of the applicable program.’’.
(d) SOURCE WATER PROTECTION THROUGH TARGETING OF AGRICULTURAL PRACTICES.—Section 1244 of the Food Security Act of
1985 (16 U.S.C. 3844) (as amended by subsection (b)) is amended
by adding at the end the following:
‘‘(n) SOURCE WATER PROTECTION THROUGH TARGETING OF AGRICULTURAL PRACTICES.—
‘‘(1) IN GENERAL.—In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity
that protect source water for drinking water (including protecting against public health threats) while also benefitting
agricultural producers.
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‘‘(2) COLLABORATION WITH WATER SYSTEMS AND INCREASED
INCENTIVES.—
‘‘(A) IN GENERAL.—In encouraging practices under
paragraph (1), the Secretary shall—
‘‘(i) work collaboratively with community water
systems and State technical committees established
under section 1261(a) to identify, in each State, local
priority areas for the protection of source waters for
drinking water; and
‘‘(ii) subject to subparagraph (B), for practices
described in paragraph (1), offer to producers increased
incentives and higher payment rates than are otherwise statutorily authorized by the applicable conservation program administered by the Secretary.
‘‘(B) LIMITATION.—An increased payment under
subparagraph (A)(ii) shall not exceed 90 percent of practice
costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or
training.
‘‘(3) RESERVATION OF FUNDS.—
‘‘(A) IN GENERAL.—In each of fiscal years 2019 through
2023, the Secretary shall use to carry out this subsection
not less than 10 percent of any funds available for conservation programs administered by the Secretary under this
title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D).
‘‘(B) LIMITATION.—Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this title.’’.
(e) ENVIRONMENTAL SERVICES MARKET.—Section 1244 of the
Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (d)) is amended by adding at the end the following:
‘‘(o) ENVIRONMENTAL SERVICES MARKET.—The Secretary may
not prohibit, through a contract, easement, or agreement under
this title, a participant in a conservation program administered
by the Secretary under this title from participating in, and receiving
compensation from, an environmental services market if 1 of the
purposes of the market is the facilitation of additional conservation
benefits that are consistent with the purposes of the conservation
program administered by the Secretary.’’.
(f) REGULATORY CERTAINTY.—Section 1244 of the Food Security
Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is
amended by adding at the end the following:
‘‘(p) REGULATORY CERTAINTY.—
‘‘(1) IN GENERAL.—In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an
Indian tribe, or a unit of local government, the Secretary may
provide technical and programmatic information—
‘‘(A) subject to paragraph (2), to the Federal agency,
State, Indian tribe, or unit of local government to support
specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe
harbor protection, or other similar regulatory assurances
to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement—
‘‘(i) that relates to soil, water, or wildlife; and
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132 STAT. 4583
‘‘(ii) over which that Federal agency, State, Indian
tribe, or unit of local government has authority; and
‘‘(B) relating to conservation practices or activities that
could be implemented by a farmer, rancher, or private
nonindustrial forest landowner to address a targeted soil,
water, or wildlife resource concern that is the direct subject
of a regulatory requirement enforced by that Federal
agency, State, Indian tribe, or unit of local government,
as applicable.
‘‘(2) MECHANISMS.—The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal
agency, State, Indian tribe, or unit of local government, as
applicable, under paragraph (1)(A) are anticipated to include,
at a minimum—
‘‘(A) the implementation of 1 or more conservation
practices or activities that effectively addresses the soil,
water, or wildlife resource concern identified under paragraph (1);
‘‘(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;
‘‘(C) a plan for a periodic audit, as appropriate, of
the continued implementation or maintenance of each of
the conservation practices or activities identified under
subparagraph (A); and
‘‘(D) notification to a farmer, rancher, or private nonindustrial forest landowner of, and an opportunity to correct, any noncompliance with a requirement to obtain regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurance.
‘‘(3) CONTINUING CURRENT COLLABORATION ON SOIL, WATER,
OR WILDLIFE CONSERVATION PRACTICES.—The Secretary shall—
‘‘(A) continue collaboration with Federal agencies,
States, Indian tribes, or local units of government on
existing regulatory certainty, regulatory predictability, safe
harbor protection, or other similar regulatory assurances
in accordance with paragraph (2); and
‘‘(B) continue collaboration with the Secretary of the
Interior on consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or conference under section 7(a)(4) of that Act (16 U.S.C.
1536(a)(4)), as applicable, for wildlife conservation efforts,
including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day
before the date of enactment of the Agriculture Improvement Act of 2018, in accordance with—
‘‘(i) the document entitled ‘Partnership Agreement
Between the United States Department of Agriculture
Natural Resources Conservation Service and the
United States Department of the Interior Fish and
Wildlife Service’, numbered A–3A75–16–937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the
Director of the United States Fish and Wildlife Service
on August 4, 2016, as in effect on September 15, 2016;
and
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(ii) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect
on August 9, 2016.
‘‘(4) SAVINGS CLAUSE.—Nothing in this subsection—
‘‘(A) preempts, displaces, or supplants any authority
or right of a Federal agency, a State, an Indian tribe,
or a unit of local government;
‘‘(B) modifies or otherwise affects, preempts, or displaces—
‘‘(i) any cause of action; or
‘‘(ii) a provision of Federal or State law establishing
a remedy for a civil or criminal cause of action; or
‘‘(C) applies to a case in which the Department of
Agriculture is the originating agency requesting a consultation or other technical and programmatic information or
assistance from another Federal agency in assisting
farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.’’.
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16 USC 3801
note.
SEC. 2504. TEMPORARY ADMINISTRATION OF CONSERVATION PROGRAMS.
(a) INTERIM ADMINISTRATION.—Subject to subsection (d), the
Secretary shall use the applicable regulations in effect on the day
before the date of enactment of this Act, to the extent that the
terms and conditions of those regulations are consistent with the
amendments made by this title, to carry out the programs under
laws as amended by this title, including—
(1) the conservation reserve program under subchapter B
of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) (as amended by subtitle
B);
(2) the environmental quality incentives program under
subchapter A of chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq) (as added
by section 2301(a)(1) and amended by subtitle C);
(3) the conservation stewardship program under subchapter
B of chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (as added by subsections (a)(2) and (b) of section
2301 and amended by subtitle C); and
(4) the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act
of 1985 (16 U.S.C. 3865 et seq.) (as amended by subtitle F).
(b) REGIONAL CONSERVATION PARTNERSHIP PROGRAM.—Notwithstanding subsection (e) of section 1271E of the Food Security
Act of 1985 (16 U.S.C. 3871e) (as amended by section 2706), and
subject to subsection (d), for fiscal year 2019, the Secretary may
use an availability of program funding announcement consistent
with the amendments made by subtitle G to carry out the regional
conservation partnership program under subtitle I of title XII of
the Food Security Act of 1985 (16 U.S.C. 3871 et seq.) without
issuing a regulation.
(c) FUNDING.—The Secretary may only use funds authorized
to be made available by this title or the amendments made by
this title for the specific programs described in paragraphs (1)
through (4) of subsection (a) and subsection (b), in accordance
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132 STAT. 4585
with any restrictions on the use of those funds, for the purposes
described in subsections (a) and (b).
(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out subsections (a) and (b) shall terminate on September 30, 2019.
(e) PERMANENT ADMINISTRATION.—Effective beginning on the
termination date described in subsection (d), the Secretary shall
carry out this title and the amendments made by this title in
accordance with such final regulations as the Secretary considers
necessary to carry out this title and the amendments made by
this title.
Subtitle F—Agricultural Conservation
Easement Program
SEC. 2601. ESTABLISHMENT AND PURPOSES.
Section 1265(b) of the Food Security Act of 1985 (16 U.S.C.
3865(b)) is amended—
(1) in paragraph (3), by inserting ‘‘that negatively affect
the agricultural uses and conservation values’’ after ‘‘that land’’;
and
(2) in paragraph (4), by striking ‘‘restoring and’’ and
inserting ‘‘restoring or’’.
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SEC. 2602. DEFINITIONS.
Section 1265A of the Food Security Act of 1985 (16 U.S.C.
3865a) is amended—
(1) in paragraph(1)(B), by striking ‘‘subject to an agricultural land easement plan, as approved by the Secretary’’;
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (6), and (7), respectively;
(3) by inserting after paragraph (1) the following:
‘‘(2) BUY-PROTECT-SELL TRANSACTION.—
‘‘(A) IN GENERAL.—The term ‘buy-protect-sell transaction’ means a legal arrangement—
‘‘(i) between an eligible entity and the Secretary
relating to land that an eligible entity owns or is
going to purchase prior to acquisition of an agricultural
land easement;
‘‘(ii) under which the eligible entity certifies to
the Secretary that the eligible entity shall—
‘‘(I)(aa) hold an agricultural land easement on
that land, but transfer ownership of the land to
a farmer or rancher that is not an eligible entity
prior to or on acquisition of the agricultural land
easement; or
‘‘(bb) hold an agricultural land easement on
that land, but transfer ownership of the land to
a farmer or rancher that is not an eligible entity
in a timely manner and, subject to subparagraph
(B), not later than 3 years after the date of acquisition of the agricultural land easement; and
‘‘(II) make an initial sale of the land subject
to the agricultural land easement to a farmer or
rancher at not more than agricultural value, plus
any reasonable holding and transaction costs
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PUBLIC LAW 115–334—DEC. 20, 2018
incurred by the eligible entity, as determined by
the Secretary; and
‘‘(iii) under which the Secretary shall be
reimbursed for the entirety of the Federal share of
the cost of the agricultural land easement by the
eligible entity if the eligible entity fails to transfer
ownership under item (aa) or (bb), as applicable, of
clause (ii)(I).
‘‘(B)
TIME
EXTENSION.—Under
subparagraph
(A)(ii)(I)(bb), an eligible entity may transfer land later than
3 years after the date of acquisition of the agricultural
land easement if the Secretary determines an extension
of time is justified.’’;
(4) in paragraph (4) (as so redesignated)—
(A) in subparagraph (A)(i)—
(i) by striking ‘‘to a’’ and inserting the following:
‘‘to—
‘‘(I) a’’;
(ii) in subclause (I) (as so designated), by adding
‘‘or’’ at the end; and
(iii) by adding at the end the following:
‘‘(II) a buy-protect-sell transaction;’’; and
(B) in subparagraph (B)(i)(II), by striking ‘‘, as determined by the Secretary in consultation with the Secretary
of the Interior at the local level’’; and
(5) by inserting after paragraph (4) (as so redesignated)
the following:
‘‘(5) MONITORING REPORT.—The term ‘monitoring report’
means a report, the contents of which are formulated and
prepared by the holder of an agricultural land easement, that
accurately documents whether the land subject to the agricultural land easement is in compliance with the terms and conditions of the agricultural land easement.’’.
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SEC. 2603. AGRICULTURAL LAND EASEMENTS.
(a) AVAILABILITY OF ASSISTANCE.—Section 1265B(a) of the Food
Security Act of 1985 (16 U.S.C. 3865b(a)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking ‘‘provide for the conservation of natural resources pursuant to an agricultural land easement plan.’’ and inserting ‘‘implement the program, including
technical assistance for the development of a conservation plan
under subsection (b)(4)(C)(iv); and’’; and
(3) by adding at the end the following:
‘‘(3) buy-protect-sell transactions.’’.
(b) COST-SHARE ASSISTANCE.—
(1) SCOPE OF ASSISTANCE AVAILABLE.—Section 1265B(b)(2)
of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is
amended—
(A) in subparagraph (B), by striking clause (ii) and
inserting the following:
‘‘(ii) GRASSLANDS EXCEPTION.—In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide
an amount not to exceed 75 percent of the fair market
value of the agricultural land easement.
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132 STAT. 4587
‘‘(iii) PERMISSIBLE FORMS.—The non-Federal share
provided by an eligible entity under this subparagraph
may comprise—
‘‘(I) cash resources;
‘‘(II) a charitable donation or qualified conservation contribution (as defined in section 170(h)
of the Internal Revenue Code of 1986) from the
private landowner from which the agricultural
land easement will be purchased;
‘‘(III) costs associated with securing a deed
to the agricultural land easement, including the
cost of appraisal, survey, inspection, and title; and
‘‘(IV) other costs, as determined by the Secretary.’’; and
(B) by striking subparagraph (C).
(2) EVALUATION AND RANKING OF APPLICATIONS.—Section
1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended—
(A) by redesignating subparagraph (C) as subparagraph (E); and
(B) by inserting after subparagraph (B) the following:
‘‘(C) ACCOUNTING FOR GEOGRAPHIC DIFFERENCES.—The
Secretary may adjust the criteria established under
subparagraph (A) to account for geographic differences,
if the adjustments—
‘‘(i) meet the purposes of the program; and
‘‘(ii) continue to maximize the benefit of the Federal investment under the program.
‘‘(D) PRIORITY.—In evaluating applications under the
program, the Secretary may give priority to an application
for the purchase of an agricultural land easement that,
as determined by the Secretary, maintains agricultural
viability.’’.
(3) AGREEMENTS WITH ELIGIBLE ENTITIES.—Section
1265B(b)(4) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(4)) is amended—
(A) in subparagraph (C), by striking clauses (iii) and
(iv) and inserting the following:
‘‘(iii) include a right of enforcement for the Secretary that—
‘‘(I) may be used only if the terms and conditions of the easement are not enforced by the
eligible entity; and
‘‘(II) does not extend to a right of inspection
unless—
‘‘(aa)(AA) the holder of the easement fails
to provide monitoring reports in a timely
manner; or
‘‘(BB) the Secretary has a reasonable and
articulable belief that the terms and conditions
of the easement have been violated; and
‘‘(bb) prior to the inspection, the Secretary
notifies the eligible entity and the landowner
of the inspection and provides a reasonable
opportunity for the eligible entity and the
landowner to participate in the inspection;
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132 STAT. 4588
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(iv) include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and’’;
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(C) by inserting after subparagraph (C) the following:
‘‘(D) ADDITIONAL PERMITTED TERMS AND CONDITIONS.—
An eligible entity may include terms and conditions for
an agricultural land easement that—
‘‘(i) are intended to keep the land subject to the
agricultural land easement under the ownership of
a farmer or rancher, as determined by the Secretary;
‘‘(ii) allow subsurface mineral development on the
land subject to the agricultural land easement and
in accordance with applicable State law if, as determined by the Secretary—
‘‘(I) the subsurface mineral development—
‘‘(aa) has a limited and localized impact;
‘‘(bb) does not harm the agricultural use
and conservation values of the land subject
to the easement;
‘‘(cc) does not materially alter or affect
the existing topography;
‘‘(dd) shall comply with a subsurface mineral development plan that—
‘‘(AA) includes a plan for the remediation of impacts to the agricultural use
and conservation values of the land subject to the easement; and
‘‘(BB) is approved by the Secretary
prior to the initiation of mineral development activity;
‘‘(ee) is not accomplished by any surface
mining method;
‘‘(ff) is within the impervious surface
limits of the easement under subparagraph
(C)(v); and
‘‘(gg) uses practices and technologies that
minimize the duration and intensity of impacts
to the agricultural use and conservation values
of the land subject to the easement; and
‘‘(II) each area impacted by the subsurface
mineral development shall be reclaimed and
restored by the holder of the mineral rights at
cessation of operation; and
‘‘(iii) include other relevant activities relating to
the agricultural land easement, as determined by the
Secretary.’’.
(4) CERTIFICATION OF ELIGIBLE ENTITIES.—Section
1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(5)) is amended—
(A) in subparagraph (A)—
(i) in clause (ii), by striking ‘‘; and’’ and inserting
a semicolon;
(ii) in clause (iii), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
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‘‘(iv) allow a certified eligible entity to use its own
terms and conditions, notwithstanding paragraph
(4)(C), as long as the terms and conditions are consistent with the purposes of the program.’’; and
(B) in subparagraph (B)—
(i) in clause (iii), by redesignating subclauses (I)
through (III) as items (aa) through (cc), respectively,
and indenting appropriately;
(ii) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(iii) in the matter preceding subclause (I) (as so
redesignated), by striking ‘‘entity will’’ and inserting
the following: ‘‘eligible entity—
‘‘(i) will’’;
(iv) in clause (i)(III)(cc) (as so redesignated), by
striking the period at the end and inserting a semicolon; and
(v) by adding at the end the following:
‘‘(ii) has—
‘‘(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting
body, as determined by the Secretary;
‘‘(II) acquired not fewer than 10 agricultural
land easements under the program or any predecessor program; and
‘‘(III) successfully met the responsibilities of
the eligible entity under the applicable agreements
with the Secretary, as determined by the Secretary, relating to agricultural land easements that
the eligible entity has acquired under the program
or any predecessor program; or
‘‘(iii) is a State department of agriculture or other
State agency with statutory authority for farm and
ranchland protection that has—
‘‘(I) acquired not fewer than 10 agricultural
land easements under the program or any predecessor program; and
‘‘(II) successfully met the responsibilities of
the eligible entity under the applicable agreements
with the Secretary, as determined by the Secretary, relating to agricultural land easements that
the eligible entity has acquired under the program
or any predecessor program.’’.
(5) TECHNICAL ASSISTANCE.—Section 1265B of the Food
Security Act of 1985 (16 U.S.C. 3865b) is amended by striking
subsection (d) and inserting the following:
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance, if requested, to assist in compliance with the
terms and conditions of easements.’’.
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SEC. 2604. WETLAND RESERVE EASEMENTS.
Section 1265C of the Food Security Act of 1985 (16 U.S.C.
3865c) is amended—
(1) in subsection (b)—
(A) in paragraph (3)(C), by inserting ‘‘or improving
water quality’’ before the period at the end; and
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(B) in paragraph (5)—
(i) in subparagraph (C)—
(I) by striking ‘‘Land subject’’ and inserting
the following:
‘‘(i) IN GENERAL.—Land subject’’;
(II) in clause (i) (as so designated), by inserting
‘‘water management,’’ after ‘‘timber harvest,’’; and
(III) by adding at the end the following:
‘‘(ii) COMPATIBLE USE AUTHORIZATION.—In evaluating and authorizing a compatible economic use under
clause (i), the Secretary shall—
‘‘(I) request and consider the advice of the
applicable State technical committee established
under section 1261(a) about the 1 or more types
of uses that may be authorized to be conducted
on land subject to a wetland reserve easement,
including the frequency, timing, and intensity of
those uses;
‘‘(II) consider the ability of an authorized use
to facilitate the practical administration and
management of that land; and
‘‘(III) ensure that an authorized use furthers
the functions and values for which the wetland
reserve easement was established.’’; and
(ii) in subparagraph (D)(i)(III), by inserting after
‘‘under subsection (f)’’ the following: ‘‘or a grazing
management plan that is consistent with the wetland
reserve easement plan and has been reviewed, and
modified as necessary, at least every 5 years’’; and
(2) in subsection (f)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) WETLAND RESERVE EASEMENT PLAN.—
‘‘(A) IN GENERAL.—The Secretary shall develop a wetland reserve easement plan—
‘‘(i) for any eligible land subject to a wetland
reserve easement; and
‘‘(ii) that restores, protects, enhances, manages,
maintains, and monitors the eligible land subject to
the wetland reserve easements acquired under this
section.
‘‘(B) PRACTICES AND ACTIVITIES.—A wetland reserve
easement plan under subparagraph (A) shall include practices and activities, including repair or replacement, that
are necessary to restore and maintain the enrolled land
and the functions and values of the wetland subject to
a wetland reserve easement.’’;
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
‘‘(2) ALTERNATIVE PLANT COMMUNITIES.—The Secretary, in
coordination with State technical committees established under
section 1261(a) and pursuant to State-specific criteria and
guidelines, may authorize the establishment or restoration of
a hydrologically appropriate native community or alternative
naturalized vegetative community as part of a wetland reserve
easement plan on land subject to a wetland reserve easement
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132 STAT. 4591
if that hydrologically appropriate native or alternative naturalized vegetative community shall—
‘‘(A) substantially support or benefit migratory waterfowl or other wetland wildlife; or
‘‘(B) meet local resource concerns or needs (including
as an element of a regional, State, or local wildlife initiative
or plan).’’.
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SEC. 2605. ADMINISTRATION.
Section 1265D of the Food Security Act of 1985 (16 U.S.C.
3865d) is amended—
(1) in paragraph (a)(4), by striking ‘‘proposed’’ and inserting
‘‘permitted’’;
(2) by striking subsection (c) and inserting the following:
‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, AND TERMINATION.—
‘‘(1) SUBORDINATION.—The Secretary may subordinate any
interest in land, or portion of such interest, administered by
the Secretary (including for the purposes of utilities and energy
transmission services) either directly or on behalf of the Commodity Credit Corporation under the program if the Secretary
determines that the subordination—
‘‘(A) increases conservation values or has a limited
negative effect on conservation values;
‘‘(B) minimally affects the acreage subject to the
interest in land; and
‘‘(C) is in the public interest or furthers the practical
administration of the program.
‘‘(2) MODIFICATION AND EXCHANGE.—
‘‘(A) AUTHORITY.—The Secretary may approve a modification or exchange of any interest in land, or portion
of such interest, administered by the Secretary, either
directly or on behalf of the Commodity Credit Corporation
under the program if the Secretary determines that—
‘‘(i) no reasonable alternative exists and the effect
on the interest in land is avoided or minimized to
the extent practicable; and
‘‘(ii) the modification or exchange—
‘‘(I) results in equal or increased conservation
values;
‘‘(II) results in equal or greater economic value
to the United States;
‘‘(III) is consistent with the original intent of
the easement;
‘‘(IV) is consistent with the purposes of the
program; and
‘‘(V) is in the public interest or furthers the
practical administration of the program.
‘‘(B) LIMITATION.—In modifying or exchanging an
interest in land, or portion of such interest, under this
paragraph, the Secretary may not increase any payment
to an eligible entity.
‘‘(3) TERMINATION.—The Secretary may approve a termination of any interest in land, or portion of such interest,
administered by the Secretary, directly or on behalf of the
Commodity Credit Corporation under the program if the Secretary determines that—
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‘‘(A) termination is in the interest of the Federal
Government;
‘‘(B) the United States will be fully compensated for—
‘‘(i) the fair market value of the interest in land;
‘‘(ii) any costs relating to the termination; and
‘‘(iii) any damages determined appropriate by the
Secretary; and
‘‘(C) the termination will—
‘‘(i) address a compelling public need for which
there is no practicable alternative even with avoidance
and minimization; and
‘‘(ii) further the practical administration of the program.
‘‘(4) CONSENT.—The Secretary shall obtain consent from
the landowner and eligible entity, if applicable, for any subordination, exchange, modification, or termination of interest in
land, or portion of such interest, under this subsection.
‘‘(5) NOTICE.—At least 90 days before taking any termination action described in paragraph (3), the Secretary shall
provide written notice of such action to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.’’; and
(3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘transferred into the
program’’ and inserting ‘‘enrolled in an easement under
section 1265C(b)’’; and
(B) by adding at the end the following:
‘‘(3) AGRICULTURAL LAND EASEMENTS.—A farmer or rancher
who owns eligible land subject to an agricultural land easement
may enter into a contract under subchapter B of chapter 1
of subtitle D.’’.
Subtitle G—Regional Conservation
Partnership Program
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SEC. 2701. ESTABLISHMENT AND PURPOSES.
Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871)
is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘, including partnership agreements funded through alternative funding
arrangements or grant agreements under section
1271C(d),’’ after ‘‘partnership agreements’’; and
(B) in paragraph (2), by striking ‘‘contracts with producers’’ and inserting ‘‘program contracts with producers’’;
and
(2) in subsection (b)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘use covered programs’’ and inserting
‘‘carry out eligible activities’’;
(B) by striking paragraph (2) and inserting the following:
‘‘(2) To further the conservation, protection, restoration,
and sustainable use of soil, water (including sources of drinking
water and groundwater), wildlife, agricultural land, and related
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132 STAT. 4593
natural resources on eligible land on a regional or watershed
scale.’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by inserting ‘‘, including
through alignment of partnership projects with other
national, State, and local agencies and programs
addressing similar natural resource or environmental
concerns’’ after ‘‘eligible land’’; and
(ii) in subparagraph (B), by striking ‘‘installation’’
and inserting ‘‘adoption, installation,’’; and
(D) by adding at the end the following:
‘‘(4) To encourage the flexible and streamlined delivery
of conservation assistance to producers through partnership
agreements.
‘‘(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.’’.
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SEC. 2702. DEFINITIONS.
Section 1271A of the Food Security Act of 1985 (16 U.S.C.
3871a) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by inserting ‘‘, not including
the grassland conservation initiative under section 1240L–
1’’ before the period at the end; and
(B) by adding at the end the following:
‘‘(E) The conservation reserve program established
under subchapter B of chapter 1 of subtitle D.
‘‘(F) The programs established by the Secretary to carry
out the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1001 et seq.), except for any program established
by the Secretary to carry out section 14 (16 U.S.C. 1012)
of that Act.’’;
(2) by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible activity’ means
a practice, activity, agreement, easement, or related conservation measure that is available under the statutory authority
for a covered program.
‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ means any
agricultural or nonindustrial private forest land or associated
land on which the Secretary determines an eligible activity
would help achieve conservation benefits.’’;
(3) in paragraph (4)—
(A) in subparagraph (E), by inserting ‘‘acequia,’’ after
‘‘irrigation district,’’; and
(B) by adding at the end the following:
‘‘(I) An organization described in section 1265A(3)(B).
‘‘(J) A conservation district.’’;
(4) by striking paragraph (5) and inserting the following:
‘‘(5) PARTNERSHIP AGREEMENT.—The term ‘partnership
agreement’ means the programmatic agreement entered into
between the Secretary and an eligible partner, subject to the
terms and conditions under section 1271B.’’; and
(5) by adding at the end the following:
‘‘(7) PROGRAM CONTRACT.—
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‘‘(A) IN GENERAL.—The term ‘program contract’ means
the contract between the Secretary and a producer entered
into under this subtitle.
‘‘(B) EXCLUSION.—The term ‘program contract’ does not
include a contract under a covered program.’’.
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SEC. 2703. REGIONAL CONSERVATION PARTNERSHIPS.
Section 1271B of the Food Security Act of 1985 (16 U.S.C.
3871b) is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) LENGTH.—
‘‘(1) IN GENERAL.—A partnership agreement shall be—
‘‘(A) for a period not to exceed 5 years; or
‘‘(B) for a period that is longer than 5 years, if the
longer period is necessary to meet the objectives of the
program, as determined by the Secretary.
‘‘(2) RENEWAL.—A partnership agreement may be renewed
under subsection (e)(5) for a period not to exceed 5 years.
‘‘(3) EXTENSION.—A partnership agreement, or any renewal
of a partnership agreement, may each be extended 1 time
for a period not longer than 12 months, as determined by
the Secretary.’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(II) by striking clauses (i) and (ii) and inserting
the following:
‘‘(i) 1 or more conservation benefits that the project
shall achieve;
‘‘(ii) the eligible activities on eligible land to be
conducted under the project to achieve conservation
benefits;
‘‘(iii) the implementation timeline for carrying out
the project, including any interim milestones;’’;
(ii) in subparagraph (D), by striking ‘‘funds’’ and
inserting ‘‘contributions’’; and
(iii) in subparagraph (E), by striking ‘‘of the
project’s effects; and’’ and inserting the following: ‘‘of—
‘‘(i) the progress made by the project in achieving
each conservation benefit defined in the partnership
agreement, including in a quantified form to the extent
practicable; and
‘‘(ii) as appropriate, other outcomes of the project;
and’’; and
(B) in paragraph (2)—
(i) by striking ‘‘An eligible’’ and inserting the following:
‘‘(A) IN GENERAL.—An eligible’’; and
(ii) by adding at the end the following:
‘‘(B) FORM.—A contribution of an eligible partner under
this paragraph may be in the form of—
‘‘(i) direct funding;
‘‘(ii) in-kind support; or
‘‘(iii) a combination of direct funding and in-kind
support.
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132 STAT. 4595
‘‘(C) TREATMENT.—Any amounts expended during the
period beginning on the date on which the Secretary
announces the approval of an application under subsection
(e) and ending on the day before the effective date of
the partnership agreement by an eligible partner for staff
salaries or development of the partnership agreement may
be considered to be a part of the contribution of the eligible
partner under this paragraph.’’;
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting after subsection (c) the following:
‘‘(d) DUTIES OF SECRETARY.—The Secretary shall—
‘‘(1) establish a timeline for carrying out the duties of
the Secretary under a partnership agreement, including—
‘‘(A) entering into program contracts with producers;
‘‘(B) providing financial assistance to producers; and
‘‘(C) in the case of a partnership agreement that is
funded through an alternative funding arrangement or
grant agreement under section 1271C(d), providing the payments to the eligible partner for carrying out eligible activities;
‘‘(2) identify in each State a program coordinator for the
State, who shall be responsible for providing assistance to
eligible partners under the program;
‘‘(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);
‘‘(4) provide to each eligible partner that has entered into
a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section
1271C(d)—
‘‘(A) a semiannual report describing the status of each
pending and obligated contract under the project of the
eligible partner; and
‘‘(B) an annual report describing how the Secretary
used amounts reserved by the Secretary for that year for
technical assistance under section 1271D(f); and
‘‘(5) ensure that any eligible activity effectively achieves
the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).’’;
(5) in subsection (e) (as redesignated by paragraph (3))—
(A) in paragraph (1), by inserting ‘‘simplified’’ after
‘‘conduct a’’;
(B) in paragraph (3)—
(i) by striking the paragraph designation and
heading and all that follows through ‘‘description of—
’’ and inserting the following:
‘‘(3) CONTENTS.—The Secretary shall develop a simplified
application that includes a description of—’’;
(ii) in subparagraph (C), by striking ‘‘, including
the covered programs to be used’’; and
(iii) in subparagraph (D), by striking ‘‘financial’’;
(C) in paragraph (4)—
(i) by striking subparagraph (D);
(ii) by redesignating subparagraphs (E) and (F)
as subparagraphs (G) and (H), respectively; and
(iii) by inserting after subparagraph (C) the following:
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‘‘(D) build new partnerships with local, State, and private entities to include a diversity of stakeholders in the
project;
‘‘(E) deliver a high percentage of applied conservation—
‘‘(i) to achieve conservation benefits; or
‘‘(ii) in the case of a project in a critical conservation area under section 1271F, to address the priority
resource concern for that critical conservation area;
‘‘(F) implement the project consistent with existing
watershed, habitat, or other area restoration plans;’’; and
(D) by adding at the end the following:
‘‘(5) RENEWALS.—If the Secretary determines that a project
that is the subject of a partnership agreement has met or
exceeded the objectives of the project, the Secretary may renew
the partnership agreement through an expedited noncompetitive process if the 1 or more eligible partners that are parties
to the partnership agreement request the renewal in order—
‘‘(A) to continue to implement the project under a
renewal of the partnership agreement; or
‘‘(B) to expand the scope of the project under a renewal
of the partnership agreement, as long as the expansion
is within the objectives and purposes of the original partnership agreement.’’; and
(6) by adding at the end the following:
‘‘(f) NONAPPLICABILITY OF ADJUSTED GROSS INCOME LIMITATION.—The adjusted gross income limitation described in section
1001D(b)(1) shall not apply to an eligible partner under the program.’’.
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SEC. 2704. ASSISTANCE TO PRODUCERS.
Section 1271C of the Food Security Act of 1985 (16 U.S.C.
3871c) is amended—
(1) by striking subsections (a) and (b) and inserting the
following:
‘‘(a) IN GENERAL.—A producer may receive financial or technical
assistance to conduct eligible activities on eligible land through
a program contract entered into with the Secretary.
‘‘(b) PROGRAM CONTRACTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program
contract to be entered into with a producer to conduct eligible
activities on eligible land, subject to such terms and conditions
as the Secretary may establish.
‘‘(2) APPLICATION BUNDLES.—
‘‘(A) IN GENERAL.—An eligible partner may submit to
the Secretary, on behalf of producers, a bundle of applications for assistance under the program through program
contracts to address a substantial portion of the conservation benefits to be achieved by the project, as defined
in the partnership agreement.
‘‘(B) PRIORITY.—The Secretary may give priority to
applications described in subparagraph (A).’’;
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘In accordance with
statutory requirements of the covered programs involved,
the Secretary may make payments to a producer’’ and
inserting ‘‘Subject to section 1271D, the Secretary may
make payments to a producer’’; and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4597
(B) in paragraph (3), by striking ‘‘participating’’; and
(3) by adding at the end the following:
‘‘(d) FUNDING THROUGH ALTERNATIVE FUNDING ARRANGEMENTS
OR GRANT AGREEMENTS.—
‘‘(1) IN GENERAL.—A partnership agreement entered into
with an eligible partner may be funded through an alternative
funding arrangement or grant in accordance with this subsection.
‘‘(2) DUTIES OF THE SECRETARY.—The Secretary shall—
‘‘(A) under a funding agreement under paragraph (1)—
‘‘(i) use funding made available to carry out this
subtitle to provide funding directly to the eligible
partner; and
‘‘(ii) provide technical and administrative assistance, as mutually agreed by the parties; and
‘‘(B) enter into not more than 15 alternative funding
arrangements or grant agreements with 1 or more eligible
partners each fiscal year.
‘‘(3) DUTIES OF ELIGIBLE PARTNERS.—Under a funding
agreement under paragraph (1), the eligible partner shall—
‘‘(A) carry out eligible activities on eligible land in
agreement with producers to achieve conservation benefits
on a regional or watershed scale, such as—
‘‘(i) infrastructure investments relating to agricultural or nonindustrial private forest production that
would—
‘‘(I) benefit multiple producers; and
‘‘(II) address natural resource concerns such
as drought, wildfire, or water quality impairment
on the land covered by the project;
‘‘(ii) projects addressing natural resources concerns
in coordination with producers, including the development and implementation of watershed, habitat, or
other area restoration plans;
‘‘(iii) projects that use innovative approaches to
leveraging the Federal investment in conservation with
private financial mechanisms, in conjunction with agricultural production or forest resource management,
such as—
‘‘(I) the provision of performance-based payments to producers; and
‘‘(II) support for an environmental market; or
‘‘(iv) other projects for which the Secretary determines that the goals and objectives of the program
would be easier to achieve through the funding agreement under paragraph (1); and
‘‘(B) submit to the Secretary, in addition to any
information that the Secretary requires to prepare the
report under section 1271E(b), an annual report that
describes the status of the project, including a description
of—
‘‘(i) the use of the funds awarded under paragraph
(1);
‘‘(ii) any subcontracts awarded;
‘‘(iii) the producers receiving funding through the
funding agreement under paragraph (1);
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‘‘(iv)(I) the progress made by the project in
addressing each natural resource concern defined in
the funding agreement under paragraph (1), including
in a quantified form to the extent practicable; and
‘‘(II) as appropriate, other outcomes of the project;
and
‘‘(v) any other reporting data the Secretary determines are necessary to ensure compliance with the
program rules.’’.
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SEC. 2705. FUNDING.
Section 1271D of the Food Security Act of 1985 (16 U.S.C.
3871d) is amended—
(1) in subsection (a)—
(A) by striking ‘‘$100,000,000’’ and inserting
‘‘$300,000,000’’; and
(B) by striking ‘‘2014 through 2018’’ and inserting
‘‘2019 through 2023’’;
(2) by striking subsection (c);
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively;
(4) in subsection (c) (as so redesignated)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘and acres’’; and
(ii) by striking ‘‘and reserved for the program
under subsection (c)’’;
(B) in paragraph (1)—
(i) by striking ‘‘25 percent of the funds and acres
to projects based on a State competitive process
administered by the State Conservationist, with the
advice of the State technical committee’’ and inserting
‘‘50 percent of the funds to projects based on a State
or multistate competitive process administered by the
Secretary at the local level with the advice of the
applicable State technical committees’’; and
(ii) by adding ‘‘and’’ after the semicolon;
(C) by striking paragraph (2);
(D) by redesignating paragraph (3) as paragraph (2);
and
(E) in paragraph (2) (as so redesignated), by striking
‘‘35 percent of the funds and acres’’ and inserting ‘‘50
percent of the funds’’;
(5) in subsection (d) (as so redesignated)—
(A) by striking ‘‘None of the funds made available
or reserved for the program’’ and inserting the following:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
none of the funds made available for the program, including
for a partnership agreement funded through an alternative
funding arrangement or grant agreement under section
1271C(d),’’; and
(B) by adding at the end the following:
‘‘(2) PROJECT DEVELOPMENT AND OUTREACH.—Under a partnership agreement that is not funded through an alternative
funding arrangement or grant agreement under section
1271C(d), the Secretary may advance reasonable amounts of
funding for not longer than 90 days for technical assistance
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132 STAT. 4599
to eligible partners to conduct project development and outreach
activities in a project area, including—
‘‘(A) providing outreach and education to producers
for potential participation in the project;
‘‘(B) establishing baseline metrics to support the
development of the assessment required under section
1271B(c)(1)(E); or
‘‘(C) providing technical assistance to producers.’’; and
(6) by adding at the end the following:
‘‘(e) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—At the time of project selection, the
Secretary shall identify and make publicly available the amount
that the Secretary shall use to provide technical assistance
under the terms of the partnership agreement.
‘‘(2) LIMITATION.—The Secretary shall limit costs of the
Secretary for technical assistance to costs specific and necessary
to carry out the objectives of the program.
‘‘(3) THIRD-PARTY PROVIDERS.—The Secretary shall develop
and implement strategies to encourage third-party technical
service providers to provide technical assistance to eligible partners pursuant to a partnership agreement.’’.
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SEC. 2706. ADMINISTRATION.
Section 1271E of the Food Security Act of 1985 (16 U.S.C.
3871e) is amended—
(1) in subsection (a), by striking ‘‘1271B(d)’’ each place
it appears and inserting ‘‘1271B(e)’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2019’’;
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(C) by inserting before paragraph (2) (as so redesignated) the following:
‘‘(1) a summary of—
‘‘(A) the progress made towards achieving the conservation benefits defined for the projects; and
‘‘(B) any other related outcomes of the projects;’’;
(D) in paragraph (4) (as so redesignated), by striking
‘‘and’’ at the end;
(E) in paragraph (5) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘1271C(b)(2)’’ and inserting ‘‘1271C(d)’’; and
(ii) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(F) by adding at the end the following:
‘‘(6) in the case of a project within a critical conservation
area under section 1271F, the status of each priority resource
concern for each designated critical conservation area,
including—
‘‘(A) the priority resource concerns for which each critical conservation area is designated;
‘‘(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority
resource concerns;
‘‘(C) the partnership agreements selected to address
each conservation goal and outcome; and
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(D) the extent to which each conservation goal and
outcome is being addressed by the partnership agreements.’’; and
(3) by adding at the end the following:
‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The Secretary may not provide assistance under the program to a producer
unless the producer agrees, during the program year for which
the assistance is provided—
‘‘(1) to comply with applicable conservation requirements
under subtitle B; and
‘‘(2) to comply with applicable wetland protection requirements under subtitle C.
‘‘(d) HISTORICALLY UNDERSERVED PRODUCERS.—To the maximum extent practicable, in carrying out the program, the Secretary
and eligible partners shall conduct outreach to beginning farmers
and ranchers, veteran farmers and ranchers, socially disadvantaged
farmers and ranchers, and limited resource farmers and ranchers
to encourage participation by those producers in a project subject
to a partnership agreement or funding agreement under 1271C(d).
‘‘(e) REGULATIONS.—The Secretary shall issue regulations to
carry out the program.’’.
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SEC. 2707. CRITICAL CONSERVATION AREAS.
Section 1271F of the Food Security Act of 1985 (16 U.S.C.
3871f) is amended—
(1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CRITICAL CONSERVATION AREA.—The term ‘critical conservation area’ means a geographical area that contains a critical conservation condition that can be addressed through the
program.
‘‘(2) PRIORITY RESOURCE CONCERN.—The term ‘priority
resource concern’ means a natural resource concern located
in a critical conservation area that can be addressed through—
‘‘(A) water quality improvement, including through
reducing erosion, promoting sediment control, and
addressing nutrient management activities affecting large
bodies of water of regional, national, or international
significance;
‘‘(B) water quantity improvement, including improvement relating to—
‘‘(i) drought;
‘‘(ii) groundwater, surface water, aquifer, or other
water sources; or
‘‘(iii) water retention and flood prevention;
‘‘(C) wildlife habitat restoration to address species of
concern at a Federal, State, or local level; and
‘‘(D) other natural resource improvements, as determined by the Secretary, within the critical conservation
area.’’;
(3) in subsection (b) (as so redesignated)—
(A) by striking ‘‘(b) IN GENERAL.—’’ and inserting the
following:
‘‘(b) APPLICATIONS.—’’;
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(B) by striking ‘‘1271D(d)(3)’’ and inserting
‘‘1271D(d)(2)’’;
(C) by striking ‘‘producer’’ and inserting ‘‘program’’;
and
(D) by inserting ‘‘that address 1 or more priority
resource concerns for which the critical conservation area
is designated’’ before the period at the end;
(4) in subsection (c) (as so redesignated)—
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated) the following:
‘‘(1) IN GENERAL.—The Secretary shall identify 1 or more
priority resource concerns that apply to each critical conservation area designated under this section after the date of enactment of the Agricultural Act of 2014 (Public Law 113–79;
128 Stat. 649), including the conservation goals and outcomes
sufficient to demonstrate that progress is being made to address
the priority resource concern.’’;
(C) in paragraph (2) (as so redesignated)—
(i) by striking subparagraphs (C) and (D) and
inserting the following:
‘‘(C) contains 1 or more priority resource concerns;
or’’; and
(ii) by redesignating subparagraph (E) as subparagraph (D); and
(D) by striking paragraph (3) (as so redesignated) and
inserting the following:
‘‘(3) REVIEW AND WITHDRAWAL.—The Secretary may—
‘‘(A) review designations of critical conservation areas
under this section not more frequently than once every
5 years; and
‘‘(B) withdraw designation of a critical conservation
area only if the Secretary determines that the area is
no longer a critical conservation area.’’;
(5) by inserting after subsection (c) (as so redesignated)
the following:
‘‘(d) OUTREACH TO ELIGIBLE PARTNERS AND PRODUCERS.—The
Secretary shall provide outreach and education to eligible partners
and producers in critical conservation areas designated under this
section to encourage the development of projects to address each
priority resource concern identified by the Secretary for that critical
conservation area.’’; and
(6) in subsection (e) (as so redesignated)—
(A) in paragraph (1), by striking ‘‘producer’’ and
inserting ‘‘program’’; and
(B) by striking paragraph (3).
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PUBLIC LAW 115–334—DEC. 20, 2018
Subtitle H—Repeals and Technical
Amendments
PART I—REPEALS
SEC. 2811. REPEAL OF CONSERVATION CORRIDOR DEMONSTRATION
PROGRAM.
(a) IN GENERAL.—Subtitle G of title II of the Farm Security
and Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public
Law 107–171) is repealed.
(b) CONFORMING AMENDMENT.—Section 5059 of the Water
Resources Development Act of 2007 (16 U.S.C. 3801 note; Public
Law 110–114) is repealed.
SEC. 2812. REPEAL OF CRANBERRY ACREAGE RESERVE PROGRAM.
Section 10608 of the Farm Security and Rural Investment
Act of 2002 (16 U.S.C. 3801 note; Public Law 107–171) is repealed.
SEC. 2813. REPEAL OF NATIONAL NATURAL RESOURCES FOUNDATION.
16 USC 5801 and
note, 5802–5809.
Subtitle F of title III of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed.
SEC. 2814. REPEAL OF FLOOD RISK REDUCTION.
Section 385 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7334) is repealed.
SEC. 2815. REPEAL OF STUDY OF LAND USE FOR EXPIRING CONTRACTS
AND EXTENSION OF AUTHORITY.
Section 1437 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624) is repealed.
SEC. 2816. REPEAL OF INTEGRATED FARM MANAGEMENT PROGRAM
OPTION.
Section 1451 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5822) is repealed.
SEC. 2817. REPEAL OF CLARIFICATION OF DEFINITION OF AGRICULTURAL LANDS.
Section 325 of the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104–127; 110 Stat. 992) is repealed.
PART II—TECHNICAL AMENDMENTS
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SEC. 2821. TECHNICAL AMENDMENTS.
(a) WATERSHED PROTECTION AND FLOOD PREVENTION ACT.—
Section 5(4) of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1005(4)) is amended—
(1) by striking ‘‘goodwater’’ and inserting ‘‘floodwater’’; and
(2) by striking ‘‘Secretary of Health, Education, and Welfare’’ each place it appears and inserting ‘‘Secretary of Health
and Human Services’’.
(b) DELINEATION OF WETLANDS; EXEMPTIONS.—Section 1222(j)
of the Food Security Act of 1985 (16 U.S.C. 3822(j)) is amended
by striking ‘‘National Resources Conservation Service’’ and inserting
‘‘Natural Resources Conservation Service’’.
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132 STAT. 4603
(c) FARMABLE WETLAND PROGRAM.—Section 1231B(b)(2)(A)(i)
of the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)(A)(i)) is
amended by adding a semicolon at the end.
(d) TERMINAL LAKES ASSISTANCE.—Section 2507 of the Farm
Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–
6) is amended—
(1) in subsection (e)—
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
and
(C) by adding at the end the following:
‘‘(2) NO ADDITIONAL FUNDS.—
‘‘(A) IN GENERAL.—Nothing in this section authorizes
any additional funds to carry out this section.
‘‘(B) AVAILABILITY OF FUNDS.—Any funds made available to carry out this section before the date of enactment
of the Agriculture Improvement Act of 2018 may remain
available until expended.’’; and
(2) by adding at the end the following:
‘‘(f) TERMINATION OF AUTHORITY.—The authority provided by
this section shall terminate on October 1, 2023.’’.
(e) DELIVERY OF TECHNICAL ASSISTANCE.—Section 1242 of the
Food Security Act of 1985 (16 U.S.C. 3842) is amended by striking
‘‘third party’’ each place it appears and inserting ‘‘third-party’’.
(f) ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.—Section 1244(b)(4)(B) of the Food Security Act of 1985
(16 U.S.C. 3844(b)(4)(B)) is amended by striking ‘‘General
Accounting Office’’ and inserting ‘‘Government Accountability
Office’’.
SEC. 2822. STATE TECHNICAL COMMITTEES.
(a) STANDARDS.—Section 1261(b)(2) of the Food Security Act
of 1985 (16 U.S.C. 3861(b)(2)) is amended by striking ‘‘under section
1262(b)’’.
(b) COMPOSITION.—Section 1261(c) of the Food Security Act
of 1985 (16 U.S.C. 3861(c)) is amended by adding at the end the
following:
‘‘(14) The State Cooperative Extension Service and land
grant university in the State.’’.
TITLE III—TRADE
Subtitle A—Food for Peace Act
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SEC. 3101. LABELING REQUIREMENTS.
Section 202(g) of the Food for Peace Act (7 U.S.C. 1722(g))
is amended to read as follows:
‘‘(g) LABELING OF ASSISTANCE.—Agricultural commodities and
other assistance provided under this title shall, to the extent practicable, be clearly identified with appropriate markings on the package or container of such agricultural commodities or food procured
outside of the United States, or on printed material that accompanies other assistance, in the language of the locality in which
such commodities and other assistance are distributed, as being
furnished by the people of the United States of America.’’.
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SEC. 3102. FOOD AID QUALITY ASSURANCE.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3))
is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 3103. LOCAL SALE AND BARTER OF COMMODITIES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is
amended—
(1) in subsection (a), by inserting ‘‘to generate proceeds
to be used as provided in this section’’ before the period at
the end;
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 3104. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a))
is amended in paragraphs (1) and (2) by striking ‘‘2018’’ both
places it appears and inserting ‘‘2023’’.
SEC. 3105. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Food for Peace Act (7 U.S.C. 1725) is
amended—
(1) in subsection (d)(1), in the first sentence, by striking
‘‘45’’ and inserting ‘‘30’’; and
(2) in subsection (f), by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 3106. ISSUANCE OF REGULATIONS.
Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1))
is amended by striking ‘‘the Agricultural Act of 2014’’and inserting
‘‘the Agriculture Improvement Act of 2018’’.
SEC. 3107. OVERSIGHT, MONITORING, AND EVALUATION.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4))
is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘$17,000,000’’ and inserting ‘‘1.5 percent, but not less than $17,000,000,’’; and
(B) by striking ‘‘2018’’ each place it appears and
inserting ‘‘2023’’; and
(2) in subparagraph (B)—
(A) in clause (i), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(B) in clause (ii), by striking ‘‘chapter 1 of part I
of’’.
SEC. 3108. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION, DELIVERY, AND DISTRIBUTION OF SHELFSTABLE PREPACKAGED FOODS.
Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is
amended—
(1) by amending the section heading to read as follows:
‘‘INTERNATIONAL FOOD RELIEF PARTNERSHIP.’’; and
(2) in subsection (f), by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 3109. CONSIDERATION OF IMPACT OF PROVISION OF AGRICULTURAL COMMODITIES AND OTHER ASSISTANCE ON LOCAL
FARMERS AND ECONOMY.
(a) INCLUSION OF ALL MODALITIES.—Section 403(a) of the Food
for Peace Act (7 U.S.C. 1733(a)) is amended—
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132 STAT. 4605
(1) in the matter preceding paragraph (1), by inserting
‘‘, food procured outside of the United States, food voucher,
or cash transfer for food’’ after ‘‘agricultural commodity’’;
(2) in paragraph (1), by inserting ‘‘in the case of the provision of an agricultural commodity,’’ before ‘‘adequate’’; and
(3) in paragraph (2), by striking ‘‘commodity’’ and inserting
‘‘agricultural commodity or use of the food procured outside
of the United States, food voucher, or cash transfer for food’’.
(b) AVOIDANCE OF DISRUPTIVE IMPACT.—Section 403(b) of the
Food for Peace Act (7 U.S.C. 1733(b)) is amended—
(1) in the first sentence, by inserting ‘‘, the use of food
procured outside of the United States, food vouchers, and cash
transfers for food,’’ after ‘‘agricultural commodities’’; and
(2) in the second sentence, by striking ‘‘of sales of agricultural commodities’’.
SEC. 3110. ALLOWANCE FOR DISTRIBUTION COSTS.
Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6))
is amended by striking ‘‘and distribution costs’’ and inserting ‘‘,
distribution, and program implementation costs to use the commodities’’.
SEC. 3111. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C.
1736a(c)(4)(A)) is amended by striking ‘‘2018’’ each place it appears
and inserting ‘‘2023’’.
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SEC. 3112. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND
ACTIVITIES.
(a) IN GENERAL.—Section 407(f) of the Food for Peace Act
(7 U.S.C. 1736a(f)) is amended to read as follows:
‘‘(f) ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND
ACTIVITIES.—
‘‘(1) ANNUAL REPORT.—Not later than April 1 of each fiscal
year, the Administrator and the Secretary shall jointly, or
each separately, prepare and submit to the appropriate committees of Congress a report regarding each program and activity
carried out under this Act by the Administrator, the Secretary,
or both, as applicable, during the prior fiscal year.
‘‘(2) CONTENTS.—An annual report described in paragraph
(1) shall include, with respect to the prior fiscal year, the
following:
‘‘(A) A list that contains a description of each country
and organization that receives food and other assistance
under this Act (including the quantity of food and assistance provided to each country and organization).
‘‘(B) A general description of each project and activity
implemented under this Act (including each activity funded
through the use of local currencies) and the total number
of beneficiaries of the project.
‘‘(C) A statement describing the quantity of agricultural
commodities made available to, and the total number of
beneficiaries in, each country pursuant to—
‘‘(i) this Act;
‘‘(ii) section 416(b) of the Agricultural Act of 1949
(7 U.S.C. 1431(b));
‘‘(iii) the Food for Progress Act of 1985 (7 U.S.C.
1736o); and
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132 STAT. 4606
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(iv) the McGovern-Dole International Food for
Education and Child Nutrition Program established
by section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1).
‘‘(D) An assessment of the progress made through programs under this Act towards reducing food insecurity
in the populations receiving food assistance from the United
States.
‘‘(E) A description of efforts undertaken by the Food
Aid Consultative Group under section 205 to achieve an
integrated and effective food assistance program.
‘‘(F) An assessment of—
‘‘(i) each program oversight, monitoring, and
evaluation system implemented under section 207(f);
and
‘‘(ii) the impact of each program oversight, monitoring, and evaluation system on the effectiveness and
efficiency of assistance provided under this title.
‘‘(G) An assessment of the progress made by the
Administrator in addressing issues relating to quality with
respect to the provision of food assistance.
‘‘(H) A statement of the amount of funds (including
funds for administrative costs, indirect cost recovery,
internal transportation, storage and handling, and associated distribution costs) provided to each eligible organization that received assistance under this Act, that further
describes the following:
‘‘(i) How such funds were used by the eligible
organization.
‘‘(ii) The actual rate of return for each commodity
made available under this Act, including factors that
influenced the rate of return, and, for the commodity,
the costs of bagging or further processing, ocean
transportation, inland transportation in the recipient
country, storage costs, and any other information that
the Administrator and the Secretary determine to be
necessary.
‘‘(iii) For each instance in which a commodity was
made available under this Act at a rate of return
less than 70 percent, the reasons for the rate of return
realized.
‘‘(I) For funds expended for purposes of section 202(e),
406(b)(6), and 407(c)(1)(B), a detailed accounting of the
expenditures and purposes of such expenditures with
respect to each such section.
‘‘(3) RATE OF RETURN DESCRIBED.—For purposes of applying
subparagraph (H) of paragraph (2), the rate of return for a
commodity shall be equal to the proportion that—
‘‘(A) the proceeds the implementing partners generate
through monetization; bears to
‘‘(B) the cost to the Federal Government to procure
and ship the commodity to a recipient country for monetization.’’.
(b) CONFORMING REPEAL.—Subsection (m) of section 403 of
the Food for Peace Act (7 U.S.C. 1733) is repealed.
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132 STAT. 4607
SEC. 3113. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO
PROVIDE OTHER ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 3114. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.
Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e))
is amended to read as follows:
‘‘(e) MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.—
‘‘(1) IN GENERAL.—For each of fiscal years 2019 through
2023, not less than $365,000,000 of the amounts made available
to carry out emergency and nonemergency food assistance programs under title II, nor more than 30 percent of such amounts,
shall be expended for nonemergency food assistance programs
under such title.
‘‘(2) COMMUNITY DEVELOPMENT FUNDS.—Funds appropriated each year to carry out part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) that are made available
through grants or cooperative agreements to strengthen food
security in developing countries and that are consistent with
section 202(e)(1)(C) may be considered amounts expended for
nonemergency food assistance programs for purposes of paragraph (1).
‘‘(3) FARMER-TO-FARMER PROGRAM.—In determining the
amount expended for a fiscal year for nonemergency food assistance programs under paragraph (1), amounts expended for
that year to carry out programs under section 501 may be
considered amounts expended for nonemergency food assistance
programs.’’.
SEC. 3115. TERMINATION DATE FOR MICRONUTRIENT FORTIFICATION
PROGRAMS.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–
2(c)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 3116. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TOFARMER PROGRAM.
Section 501 of the Food for Peace Act (7 U.S.C. 1737) is
amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by inserting
‘‘section 1342 of title 31, United States Code, or’’ after
‘‘Notwithstanding’’;
(B) in paragraph (1) by inserting ‘‘technical’’ before
‘‘assistance’’; and
(C) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘employees or staff of a State cooperative
institution (as such term is defined in paragraph 18
of section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103), except that subparagraphs (E), (F), and (G) of
such paragraph shall not apply),’’ after ‘‘private corporations,’’; and
(ii) in subparagraph (A)—
(I) by striking ‘‘; and’’ at the end of clause
(viii); and
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(II) by striking clause (ix) and inserting the
following:
‘‘(ix) agricultural education and extension;
‘‘(x) selection of seed varieties and plant stocks;
‘‘(xi) knowledge of insecticide and sanitation procedures to prevent crop destruction;
‘‘(xii) use and maintenance of agricultural equipment and irrigation systems; and
‘‘(xiii) selection of fertilizers and methods of soils
treatment; and’’;
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ‘‘2018’’ and inserting ‘‘2023’’;
(3) in subsection (e)(1), in the matter preceding subparagraph (A), by striking ‘‘2018’’ and inserting ‘‘2023’’; and
(4) by adding at the end the following:
‘‘(f) GRANT PROGRAM TO CREATE NEW PARTNERS AND INNOVATION.—
‘‘(1) IN GENERAL.—The Administrator of the Agency for
International Development shall develop a grant program to
be carried out in fiscal years 2019 through 2023 to facilitate
new and innovative partnerships and activities under this title.
‘‘(2) USE OF FUNDS.—A grant recipient under this subsection shall use funds received under this subsection to—
‘‘(A) prioritize new implementing partners;
‘‘(B) develop innovative volunteer models;
‘‘(C) develop, improve, or maintain strategic partnerships with other United States development programs; and
‘‘(D) expand the footprint and impact of the programs
and activities under this title, and diversity among program
participants, including land-grant colleges and universities
and cooperative extension services (as such terms are
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)).’’.
Subtitle B—Agricultural Trade Act of 1978
SEC. 3201. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
(a) IN GENERAL.—Section 203 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5623) is amended to read as follows:
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‘‘SEC. 203. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
‘‘(a) ESTABLISHMENT.—The Secretary shall carry out activities
under this section—
‘‘(1) to access, develop, maintain, and expand markets for
United States agricultural commodities; and
‘‘(2) to promote cooperation and the exchange of information.
‘‘(b) MARKET ACCESS PROGRAM.—
‘‘(1) DEFINITION OF ELIGIBLE TRADE ORGANIZATION.—In this
subsection, the term ‘eligible trade organization’ means—
‘‘(A) a United States agricultural trade organization
or regional State-related organization that promotes the
export and sale of United States agricultural commodities
and that does not stand to profit directly from specific
sales of United States agricultural commodities;
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132 STAT. 4609
‘‘(B) a cooperative organization or State agency that
promotes the sale of United States agricultural commodities; or
‘‘(C) a private organization that promotes the export
and sale of United States agricultural commodities if the
Secretary determines that such organization would significantly contribute to United States export market development.
‘‘(2) IN GENERAL.—The Commodity Credit Corporation shall
establish and carry out a program, to be known as the ‘Market
Access Program’, to encourage the development, maintenance,
and expansion of commercial export markets for United States
agricultural commodities (including commodities that are
organically produced (as defined in section 2103 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6502))) through costshare assistance to eligible trade organizations that implement
a foreign market development program.
‘‘(3) PARTICIPATION REQUIREMENTS.—
‘‘(A) MARKETING PLAN AND OTHER REQUIREMENTS.—
To be eligible for cost-share assistance under this subsection, an eligible trade organization shall—
‘‘(i) prepare and submit a marketing plan to the
Secretary that meets the guidelines governing such
a marketing plan specified in this paragraph or otherwise established by the Secretary;
‘‘(ii) meet any other requirements established by
the Secretary; and
‘‘(iii) enter into an agreement with the Secretary.
‘‘(B) PURPOSE OF MARKETING PLAN.—A marketing plan
submitted under this paragraph shall describe the advertising or other market oriented export promotion activities
to be carried out by the eligible trade organization with
respect to which assistance under this subsection is being
requested.
‘‘(C) SPECIFIC ELEMENTS.—To be approved by the Secretary, a marketing plan submitted under this paragraph
shall—
‘‘(i) specifically describe the manner in which
assistance received by the eligible trade organization,
in conjunction with funds and services provided by
the eligible trade organization, will be expended in
implementing the marketing plan;
‘‘(ii) establish specific market goals to be achieved
under the marketing plan; and
‘‘(iii) contain whatever additional requirements are
determined by the Secretary to be necessary.
‘‘(D) BRANDED PROMOTION.—A marketing plan
approved by the Secretary may provide for the use of
branded advertising to promote the sale of United States
agricultural commodities in a foreign country under such
terms and conditions as may be established by the Secretary.
‘‘(E) AMENDMENTS.—An approved marketing plan may
be amended by the eligible trade organization at any time,
subject to the approval of the amendment by the Secretary.
‘‘(4) LEVEL OF ASSISTANCE AND COST-SHARE REQUIREMENTS.—
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‘‘(A) IN GENERAL.—The Secretary shall justify in
writing the level of assistance to be provided to an eligible
trade organization under this subsection and the level of
cost sharing required of the organization.
‘‘(B) LIMITATION ON BRANDED PROMOTION.—Assistance
provided under this subsection for activities described in
paragraph (3)(D) shall not exceed 50 percent of the cost
of implementing the marketing plan, except that the Secretary may determine not to apply such limitation in the
case of United States agricultural commodities with respect
to which there has been a favorable decision by the United
States Trade Representative under section 301 of the Trade
Act of 1974 (19 U.S.C. 2411). Criteria used by the Secretary
for determining that the limitation shall not apply shall
be consistent and documented.
‘‘(5) OTHER TERMS AND CONDITIONS.—
‘‘(A) MULTIYEAR BASIS.—The Secretary may provide
assistance under this subsection on a multiyear basis, subject to annual review by the Secretary for compliance with
the approved marketing plan.
‘‘(B) TERMINATION OF ASSISTANCE.—The Secretary may
terminate any assistance made, or to be made, available
under this subsection if the Secretary determines that—
‘‘(i) the eligible trade organization is not adhering
to the terms and conditions applicable to the provision
of the assistance;
‘‘(ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan;
‘‘(iii) the eligible trade organization is not adequately contributing its own resources to the
implementation of the plan; or
‘‘(iv) the Secretary determines that termination
of assistance in a particular instance is in the best
interests of the Market Access Program.
‘‘(C) EVALUATIONS.—Beginning not later than 15
months after the initial provision of assistance under this
subsection to an eligible trade organization, the Secretary
shall monitor the expenditures by the eligible trade
organization of such assistance, including the following:
‘‘(i) An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities.
‘‘(ii) An evaluation of whether assistance provided
under this subsection is necessary to maintain such
markets.
‘‘(iii) A thorough accounting of the expenditure
by the eligible trade organization of the assistance
provided under this subsection.
‘‘(6) RESTRICTIONS ON USE OF FUNDS.—Assistance provided
under this subsection to an eligible trade organization may
not be used—
‘‘(A) to provide direct assistance to any foreign forprofit corporation for the corporation’s use in promoting
foreign-produced products; or
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‘‘(B) to provide direct assistance to any for-profit corporation that is not recognized as a small business concern
(as described in section 3(a) of the Small Business Act
(15 U.S.C. 632(a))), excluding—
‘‘(i) a cooperative;
‘‘(ii) an association described in the first section
of the Act entitled ‘An Act To authorize association
of producers of agricultural products’, approved February 18, 1922 (7 U.S.C. 291); or
‘‘(iii) a nonprofit trade association.
‘‘(7) PERMISSIVE USE OF FUNDS.—Assistance provided under
this subsection to a United States agricultural trade association,
cooperative, or small business may be used for individual
branded promotional activity related to a United States branded
product, if the beneficiaries of the activity have provided funds
for the activity in an amount that is at least equivalent to
the amount of such assistance.
‘‘(8) PRIORITY.—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.
‘‘(9) CONTRIBUTION LEVEL.—
‘‘(A) IN GENERAL.—The Secretary should require a minimum contribution level of 10 percent from an eligible
trade organization that receives assistance for nonbranded
promotion.
‘‘(B) INCREASES IN CONTRIBUTION LEVEL.—The Secretary may increase the contribution level in any subsequent year that an eligible trade organization receives
assistance for nonbranded promotion.
‘‘(10) ADDITIONALITY.—The Secretary should require each
participant in the Market Access Program to certify that any
Federal funds received supplement, but do not supplant, private
or third party participant funds or other contributions to Program activities.
‘‘(11) INDEPENDENT AUDITS.—If as a result of an evaluation
or audit of activities of a participant under the Market Access
Program, the Secretary determines that a further review is
justified in order to ensure compliance with the requirements
of the Program, the Secretary should require the participant
to contract for an independent audit of the Program activities,
including activities of any subcontractor.
‘‘(12) TOBACCO.—No funds made available under the
Market Access Program may be used for activities to develop,
maintain, or expand foreign markets for tobacco.
‘‘(c) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.—
‘‘(1) DEFINITION OF ELIGIBLE TRADE ORGANIZATION.—In this
subsection, the term ‘eligible trade organization’ means a
United States trade organization that—
‘‘(A) promotes the export of 1 or more United States
agricultural commodities; and
‘‘(B) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities.
‘‘(2) ESTABLISHMENT.—The Secretary shall establish and,
in cooperation with eligible trade organizations, carry out a
program to be known as the ‘Foreign Market Development
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PUBLIC LAW 115–334—DEC. 20, 2018
Cooperator Program’ to maintain and develop foreign markets
for United States agricultural commodities.
‘‘(3) USE OF FUNDS.—Funds made available to carry out
this subsection shall be used only to provide—
‘‘(A) cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade
organization; and
‘‘(B) assistance for other costs that are appropriate
to carry out the Foreign Market Development Cooperator
Program, including contingent liabilities that are not otherwise funded.
‘‘(d) E (KIKA) DE LA GARZA EMERGING MARKETS PROGRAM.—
‘‘(1) DEFINITION OF EMERGING MARKET.—In this subsection,
the term ‘emerging market’ means any country, foreign territory, customs union, or other economic market that the Secretary determines—
‘‘(A) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors
of its economy; and
‘‘(B) has the potential to provide a viable and significant market for United States agricultural commodities.
‘‘(2) ESTABLISHMENT.—The Secretary shall establish and
carry out a program, to be known as the ‘E (Kika) de la
Garza Emerging Markets Program’—
‘‘(A) to develop agricultural markets in emerging markets; and
‘‘(B) to promote cooperation and exchange of information between agricultural institutions and agribusinesses
in the United States and emerging markets.
‘‘(3) DEVELOPMENT OF AGRICULTURAL SYSTEMS.—
‘‘(A) IN GENERAL.—
‘‘(i) IMPLEMENTATION.—To develop, maintain, or
expand markets for exports of United States agricultural commodities, the Secretary shall make available
to emerging markets the expertise of the United
States—
‘‘(I) to make assessments of food and rural
business systems needs;
‘‘(II) to make recommendations on measures
necessary to enhance the effectiveness of the food
and rural business systems described in subclause
(I), including potential reductions in trade barriers;
and
‘‘(III) to identify and carry out specific
opportunities and projects to enhance the effectiveness of the food and rural business systems
described in subclause (I).
‘‘(ii) EXTENT OF PROGRAM.—The Secretary shall
implement this subparagraph with respect to at least
3 emerging markets in each fiscal year.
‘‘(B) EXPERTS FROM THE UNITED STATES.—The Secretary may implement subparagraph (A) by providing—
‘‘(i) assistance to teams (consisting primarily of
agricultural consultants, agricultural producers, other
persons from the private sector, and government officials expert in assessing the food and rural business
systems of other countries) to enable those teams to
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132 STAT. 4613
conduct the assessments, make the recommendations,
and identify the opportunities and projects described
in subparagraph (A)(i) in emerging markets;
‘‘(ii) for necessary subsistence and transportation
expenses of—
‘‘(I) United States food and rural business
system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States
food and rural business system experts to assist
in transferring knowledge and expertise to entities
from emerging markets; and
‘‘(II) individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance
food and rural business systems of such emerging
markets and to transfer knowledge and expertise
to such emerging markets.
‘‘(C) COST-SHARING.—The Secretary shall encourage the
nongovernmental experts described in subparagraph (B)
to share the costs of, and otherwise assist in, the participation of those experts in the E (Kika) de la Garza Emerging
Markets Program.
‘‘(D) TECHNICAL ASSISTANCE.—The Secretary is authorized to provide, or pay the necessary costs for, technical
assistance (including the establishment of extension services) to enable individuals or other entities to carry out
recommendations, projects, and opportunities in emerging
markets, including recommendations, projects, and
opportunities described in subclauses (II) and (III) of
subparagraph (A)(i).
‘‘(E) REPORTS TO SECRETARY.—A team that receives
assistance under subparagraph (B)(i) shall prepare and
submit to the Secretary such reports as the Secretary may
require.
‘‘(F) ADVISORY COMMITTEE.—To provide the Secretary
with information that may be useful to the Secretary in
carrying out this subsection, the Secretary may establish
an advisory committee composed of representatives of the
various sectors of the food and rural business systems
of the United States.
‘‘(G) EFFECT.—The authority provided under this subsection shall be in addition to and not in place of any
other authority of the Secretary or the Commodity Credit
Corporation.
‘‘(e) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.—
‘‘(1) ESTABLISHMENT.—The Secretary of Agriculture shall
establish an export assistance program, in this subsection
referred to as the ‘program’, to address existing or potential
unique barriers that prohibit or threaten the export of United
States specialty crops.
‘‘(2) PURPOSE.—The program shall provide direct assistance
through public and private sector projects and technical assistance, including through the program under section 2(e) of the
Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 3157(e)), to remove, resolve, or mitigate existing or
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potential sanitary, phytosanitary, and technical barriers to
trade.
‘‘(3) PRIORITY.—The program shall address time sensitive
and strategic market access projects based on—
‘‘(A) trade effect on market retention, market access,
and market expansion; and
‘‘(B) trade impact.
‘‘(4) MULTIYEAR PROJECTS.—The Secretary may provide
assistance under the program to a project for longer than
a 5-year period if the Secretary determines that further assistance would effectively support the purpose described in paragraph (2).
‘‘(5) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary
shall—
‘‘(A) conduct outreach to inform eligible organizations
of the requirements of the program and the process by
which such organizations may submit proposals for
funding;
‘‘(B) provide technical assistance to eligible organizations to assist in developing proposals and complying with
the requirements of the program; and
‘‘(C) solicit input from eligible organizations on
improvements to streamline and facilitate the provision
of assistance under this subsection.
‘‘(6) REGULATIONS AND PROCEDURES.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the Agriculture Improvement Act
of 2018, the Secretary shall review program regulations,
procedures, and guidelines for assistance under this subsection and make revisions to streamline, improve, and
clarify the application, approval and compliance processes
for such assistance, including revisions to implement the
requirements of paragraph (5).
‘‘(B) CONSIDERATIONS.—In reviewing and making revisions under subparagraph (A), the Secretary shall consider—
‘‘(i) establishing accountability standards that are
appropriate for the size and scope of a project; and
‘‘(ii) establishing streamlined application and
approval processes, including for smaller-scale projects
or projects to address time-sensitive trade barriers.
‘‘(7) ANNUAL REPORT.—Each year, the Secretary shall
submit to the appropriate committees of Congress a report
that contains, for the period covered by the report, a description
of—
‘‘(A) each factor that affects the export of specialty
crops, including each factor relating to any—
‘‘(i) significant sanitary or phytosanitary issue;
‘‘(ii) trade barrier; or
‘‘(iii) emerging sanitary or phytosanitary issue or
trade barrier; and
‘‘(B)(i) any funds provided under subsection (f)(3)(A)(iv)
that were not obligated in a fiscal year; and
‘‘(ii) the reason such funds were not obligated.
‘‘(f) FUNDING AND ADMINISTRATION.—
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132 STAT. 4615
‘‘(1) COMMODITY CREDIT CORPORATION.—The Secretary shall
use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this section.
‘‘(2) FUNDING AMOUNT.—For each of fiscal years 2019
through 2023, of the funds of, or an equal value of commodities
owned by, the Commodity Credit Corporation, the Secretary
shall use to carry out this section $255,000,000, to remain
available until expended.
‘‘(3) ALLOCATION.—
‘‘(A) IN GENERAL.—For each of fiscal years 2019
through 2023, the Secretary shall allocate funds to carry
out this section in accordance with the following:
‘‘(i) MARKET ACCESS PROGRAM.—For market access
activities authorized under subsection (b), of the funds
of, or an equal value of commodities owned by, the
Commodity Credit Corporation, not less than
$200,000,000 for each fiscal year.
‘‘(ii) FOREIGN MARKET DEVELOPMENT COOPERATOR
PROGRAM.—To carry out subsection (c), of the funds
of, or an equal value of commodities owned by, the
Commodity Credit Corporation, not less than
$34,500,000 for each fiscal year.
‘‘(iii) E (KIKA) DE LA GARZA EMERGING MARKETS
PROGRAM.—To provide assistance under subsection (d),
of the funds of, or an equal value of commodities owned
by, the Commodity Credit Corporation, not more than
$8,000,000 for each fiscal year.
‘‘(iv) TECHNICAL ASSISTANCE FOR SPECIALTY
CROPS.—To carry out subsection (e), of the funds of,
or an equal value of the commodities owned by, the
Commodity Credit Corporation, $9,000,000 for each
fiscal year.
‘‘(v) PRIORITY TRADE FUND.—
‘‘(I) IN GENERAL.—In addition to the amounts
allocated under clauses (i) through (iv), and notwithstanding any limitations in those clauses, as
determined by the Secretary, for 1 or more programs under this section for authorized activities
to access, develop, maintain, and expand markets
for United States agricultural commodities,
$3,500,000 for each fiscal year.
‘‘(II) CONSIDERATIONS.—In allocating funds
made available under subclause (I), the Secretary
may consider providing a greater allocation to 1
or more programs under this section for which
the amounts requested under applications exceed
available funding for the 1 or more programs.
‘‘(B) REALLOCATION.—Any funds allocated under
clauses (i) through (iv) of subparagraph (A) that remain
unobligated one year after the end of the fiscal year in
which they are first made available shall be reallocated
to the priority trade fund under subparagraph (A)(v). To
the maximum extent practicable, the Secretary shall allocate such reallocated funds to support exports of those
types of United States agricultural commodities eligible
for assistance under the program for which the funds were
originally allocated under subparagraph (A).
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‘‘(4) CUBA.—Notwithstanding section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7207) or any other provision of law, funds made available
under this section may be used to carry out the programs
authorized under subsections (b) and (c) in Cuba. Funds may
not be used as described in the previous sentence in contravention with directives set forth under the National Security Presidential Memorandum entitled ‘Strengthening the Policy of the
United States Toward Cuba’ issued by the President on June
16, 2017, during the period in which that memorandum is
in effect.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In addition to
any other amounts provided under this subsection, there are
authorized to be appropriated such sums as are necessary to
carry out the programs and authorities under paragraph
(3)(A)(v) and subsections (b) through (e).’’.
(b) CONFORMING AMENDMENTS.—
(1) MARKET ACCESS PROGRAM.—
(A) Section 211 of the Agricultural Trade Act of 1978
(7 U.S.C. 5641) is amended by striking subsection (c).
(B) Section 402(a)(1) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking ‘‘203’’
and inserting ‘‘203(b)’’.
(C) Section 282(f)(2)(C) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking
‘‘section 203 of the Agricultural Trade Act of 1978 (7 U.S.C.
5623)’’ and inserting ‘‘section 203(b) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623(b))’’.
(D) Section 718 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 1999 (7 U.S.C. 5623 note; Public Law
105–277) is amended by striking ‘‘section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)’’ and inserting
‘‘section 203(b) of the Agricultural Trade Act of 1978 (7
U.S.C. 5623(b)’’.
(E) Section 1302 of the Omnibus Budget Reconciliation
Act of 1993 is repealed.
(2) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.—Title VII of the Agricultural Trade Act of 1978 (7 U.S.C.
5721 et seq.) is repealed.
(3) E (KIKA) DE LA GARZA EMERGING MARKETS PROGRAM.—
(A) Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C 5622 note; Public
Law 101–624) is amended—
(i) by striking subsection (d);
(ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
(iii) in subsection (e) (as so redesignated)—
(I) in the matter preceding paragraph (1), by
striking ‘‘country’’ and inserting ‘‘country, foreign
territory, customs union, or other economic
market’’; and
(II) in paragraph (1), by striking ‘‘the economy
of the country’’ and inserting ‘‘its economy’’.
(B) Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5))
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is amended by striking ‘‘section 1542(f)’’ and inserting ‘‘section 1542(e)’’.
(C) Section 1543A(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is
amended by inserting ‘‘and section 203(d) of the Agricultural Trade Act of 1978’’ after ‘‘section 1542’’.
(4) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.—Section
3205 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 5680) is repealed.
Subtitle C—Other Agricultural Trade Laws
SEC. 3301. GROWING AMERICAN FOOD EXPORTS.
Section 1543A of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5679) is amended—
(1) in subsection (b)(1)(A), by inserting ‘‘or new agricultural
production technologies’’ after ‘‘biotechnology’’; and
(2) in subsection (d), by striking ‘‘$6,000,000’’ and all that
follows through the period at the end and inserting ‘‘$2,000,000
for each of fiscal years 2019 through 2023.’’.
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SEC. 3302. FOOD FOR PROGRESS ACT OF 1985.
Section 1110 of the Food Security Act of 1985 (also known
as the Food for Progress Act of 1985 (7 U.S.C. 1736o)) is amended—
(1) by striking ‘‘President’’ each place it appears and
inserting ‘‘Secretary’’;
(2) in subsection (b)—
(A) in paragraph (5)—
(i) by striking ‘‘and’’ at the end of subparagraph
(E);
(ii) by redesignating subparagraph (F) as subparagraph (G); and
(iii) by inserting after subparagraph (E) the following new subparagraph:
‘‘(F) a college or university (as such terms are defined
in section 1404(4) of the Food and Agriculture Act of 1977
(7 U.S.C. 3103(4)); and’’; and
(B) by adding at the end the following new paragraphs:
‘‘(10) RATE OF RETURN.—For purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall
be equal to the proportion that—
‘‘(A) the proceeds eligible entities generate through
monetization of such commodity, bears to
‘‘(B) the cost to the Federal Government to procure
and ship the commodity to the country where it is monetized.
‘‘(11) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.’’;
(3) in subsection (f)(3), by striking ‘‘2018’’ and inserting
‘‘2023’’;
(4) in subsection (g), by striking ‘‘2018’’ and inserting
‘‘2023’’;
(5) in subsection (j)(3)—
(A) by striking ‘‘December 1’’ and inserting ‘‘April 1’’;
(B) by striking ‘‘of the Senate a list of programs’’ and
inserting ‘‘of the Senate—
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132 STAT. 4618
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(A) a list of programs’’;
(C) by striking ‘‘approved to date for the fiscal year’’
and inserting ‘‘approved during the prior fiscal year’’;
(D) by striking the period at the end and inserting
a semicolon; and
(E) by adding at the end the following new subparagraphs:
‘‘(B) a description of the actual rate of return for each
commodity made available under this section for the previous fiscal year including—
‘‘(i) factors that influenced the rate of return; and
‘‘(ii) with respect to the commodity, the costs of
bagging or further processing, ocean transportation,
inland transportation, storage costs, and any other
information that the Secretary determines to be necessary; and
‘‘(C) for each instance in which a commodity was made
available under this section at a rate of return less than
70 percent, an explanation for the rate of return realized.’’.
(6) in subsection (k), by striking ‘‘2018’’ and inserting
‘‘2023’’;
(7) in subsection (l)(1), by striking ‘‘2018’’ and inserting
‘‘2023’’;
(8) in the heading of subsection (m), by striking ‘‘PRESIDENTIAL’’ and inserting ‘‘SECRETARIAL’’;
(9) in subsection (o), by striking ‘‘(acting through the Secretary)’’;
(10) in subsection (o)(1), by striking ‘‘subparagraphs (C)
and (F)’’ and inserting ‘‘subparagraphs (C) and (G)’’; and
(11) by adding at the end the following new subsection:.
‘‘(p) PILOT AGREEMENTS.—
‘‘(1) IN GENERAL.—For each of fiscal years 2019 through
2023, subject to the availability of appropriations pursuant
to the authorization in paragraph (3), the Secretary shall enter
into 1 or more pilot agreements with 1 or more eligible entities
through which the Secretary shall provide financial assistance
to the eligible entities to carry out activities consistent with
subsection (l)(4)(A).
‘‘(2) REPORT REQUIRED.—In each of fiscal years 2020
through 2024, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
describing, with respect to the previous fiscal year—
‘‘(A) the amount provided to eligible entities under
each pilot agreement pursuant to paragraph (1) and how
the funds were used;
‘‘(B) the activities carried out under each pilot agreement;
‘‘(C) the number of direct and indirect beneficiaries
of those activities; and
‘‘(D) the effectiveness of the pilot agreements, including
as applicable the impact on food security and agricultural
productivity.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out pilot agreements pursuant
to this subsection $10,000,000 for each of fiscal years 2019
through 2023.’’.
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132 STAT. 4619
SEC. 3303. BILL EMERSON HUMANITARIAN TRUST ACT.
Section 302 of the Bill Emerson Humanitarian Trust Act (7
U.S.C. 1736f–1) is amended—
(1) in subsection (b)(2)(B)(i), by striking ‘‘2018’’ each place
it appears and inserting ‘‘2023’’; and
(2) in subsection (h), by striking ‘‘2018’’ each place it
appears and inserting ‘‘2023’’.
SEC. 3304. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING
MARKETS.
Section 1542(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 3305. COCHRAN FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 3293) is amended—
(1) in subsection (a), by striking ‘‘for study in the United
States.’’ and inserting the following: ‘‘for study—
‘‘(1) in the United States; or
‘‘(2) at a college or university located in an eligible country
that the Secretary determines—
‘‘(A) has sufficient scientific and technical facilities;
‘‘(B) has established a partnership with at least one
college or university in the United States; and
‘‘(C) has substantial participation by faculty members
of the United States college or university in the design
of the fellowship curriculum and classroom instruction
under the fellowship.’’;
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘(which may include
agricultural extension services)’’ after ‘‘systems’’; and
(B) in paragraph (2)—
(i) by striking ‘‘enhance trade’’ and inserting the
following: ‘‘enhance—
‘‘(A) trade’’;
(ii) in subparagraph (A) (as so designated) by
striking the period at the end and inserting ‘‘; or’’;
and
(iii) by adding at the end the following:
‘‘(B) linkages between agricultural interests in the
United States and regulatory systems governing sanitary
and phytosanitary standards for agricultural products
that—
‘‘(i) may enter the United States; and
‘‘(ii) may pose risks to human, animal, or plant
life or health.’’; and
(3) in subsection (f)—
(A) in paragraph (1), by striking ‘‘$3,000,000’’ and
inserting ‘‘$4,000,000’’;
(B) in paragraph (2), by striking ‘‘$2,000,000’’ and
inserting ‘‘$3,000,000’’; and
(C) in paragraph (3), by striking ‘‘$5,000,000’’ and
inserting ‘‘$6,000,000’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
SEC. 3306. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND
TECHNOLOGY FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended—
(1) in subsection (c)(2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘shall support’’ and inserting ‘‘support’’;
(B) in subparagraph (C), by striking ‘‘and’’ at the end;
(C) in subparagraph (D), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(E) the development of agricultural extension services
in eligible countries.’’; and
(2) in subsection (f)—
(A) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(2) LEVERAGING ALUMNI ENGAGEMENT.—In carrying out
the purposes and programs under this section, the Secretary
shall encourage ongoing engagement with fellowship recipients
who have completed training under the program to provide
advice regarding, and participate in, new or ongoing agricultural development projects, with a priority for capacity-building
projects.’’.
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7 USC 3295.
SEC. 3307. INTERNATIONAL AGRICULTURAL EDUCATION FELLOWSHIP
PROGRAM.
(a) FELLOWSHIP PROGRAM ESTABLISHMENT.—The Secretary
shall establish a fellowship program to be known as the International Agricultural Education Fellowship Program to provide
fellowships to citizens of the United States to assist eligible countries in developing school-based agricultural education and youth
extension programs.
(b) ELIGIBLE COUNTRY DESCRIBED.—For purposes of this section, an eligible country is a developing country, as determined
by the Secretary using a gross national income per capita test
selected by the Secretary.
(c) PURPOSE OF FELLOWSHIPS.—The goals of providing a fellowship under this section are to—
(1) develop globally minded United States agriculturists
with experience living abroad;
(2) focus on meeting the food and fiber needs of the domestic
population of eligible countries; and
(3) strengthen and enhance trade linkages between eligible
countries and the United States agricultural industry.
(d) ELIGIBLE CANDIDATES.—The Secretary may provide fellowships to citizens of the United States who—
(1) hold at least a bachelors degree in an agricultural
related field of study; and
(2) have an understanding of United States school-based
agricultural education and youth extension programs, as determined by the Secretary.
(e) CANDIDATE IDENTIFICATION.—The Secretary shall consult
with the National FFA Organization, the National 4–H Council,
and other entities as the Secretary determines are appropriate
to identify candidates for fellowships.
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132 STAT. 4621
(f) PROGRAM IMPLEMENTATION.—The Secretary shall provide
for the management, coordination, evaluation, and monitoring of
the Fellowship Program, except that the Secretary may contract
out the management of the fellowship program to an outside
organization with experience in implementing fellowship programs
focused on building capacity for school-based agricultural education
and youth extension programs in developing countries.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
$5,000,000 to carry out this section for each of fiscal years
2019 through 2023.
(2) DURATION.—Any funds made available under this subsection shall remain available until expended.
SEC. 3308. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
The Food, Agriculture, Conservation, and Trade Act of 1990
is amended by inserting after section 1543A (7 U.S.C. 5679) the
following:
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‘‘SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
7 USC 1736dd.
‘‘(a) DEFINITION OF INTERNATIONAL FOOD SECURITY.—In this
section, the term ‘international food security’ means access by any
person at any time to food and nutrition that is sufficient for
a healthy and productive life.
‘‘(b) COLLECTION OF INFORMATION.—The Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall compile
information from appropriate mission areas of the Department of
Agriculture (including the Food, Nutrition, and Consumer Services
mission area) relating to the improvement of international food
security.
‘‘(c) PUBLIC AVAILABILITY.—To benefit programs for the
improvement of international food security, the Secretary shall
organize the information described in subsection (b) and make
the information available in a format suitable for—
‘‘(1) public education; and
‘‘(2) use by—
‘‘(A) a Federal, State, or local agency;
‘‘(B) an agency or instrumentality of the government
of a foreign country;
‘‘(C) a domestic or international organization, including
a domestic or international nongovernmental organization;
and
‘‘(D) an intergovernmental organization.
‘‘(d) TECHNICAL ASSISTANCE.—On request by an entity described
in subsection (c)(2), the Secretary may provide technical assistance
to the entity to implement a program for the improvement of
international food security.
‘‘(e) PROGRAM PRIORITY.—In carrying out this section, the Secretary shall give priority to programs relating to the development
of food and nutrition safety net systems with a focus on food
insecure countries.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,000,000 for each
of fiscal years 2019 through 2023.’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
SEC. 3309. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION
AND CHILD NUTRITION PROGRAM.
Section 3107 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1736o–1) is amended—
(1) in subsection (a)—
(A) by striking ‘‘that is’’ and inserting the following:
‘‘that—
‘‘(1) is’’;
(B) in paragraph (1) (as so designated), by striking
the period at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(2)(A) is produced in and procured from—
‘‘(i) a developing country that is a recipient country;
or
‘‘(ii) a developing country in the same region as a
recipient country; and
‘‘(B) at a minimum, meets each nutritional, quality, and
labeling standard of the recipient country, as determined by
the Secretary.’’;
(2) in subsection (c)(2)(A)—
(A) in clause (v)(IV), by striking ‘‘and’’ at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
‘‘(vi) the costs associated with transporting the
commodities described in subsection (a)(2) from a developing country described in subparagraph (A)(ii) of that
subsection to any designated point of entry within
the recipient country; and’’;
(3) in subsection (f)(1)—
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
‘‘(E) ensure to the maximum extent practicable that
assistance—
‘‘(i) is provided under this section in a timely
manner; and
‘‘(ii) is available when needed throughout the
applicable school year;’’; and
(4) in subsection (l)—
(A) in paragraph (2), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(B) by adding at the end the following:
‘‘(4) PURCHASE OF COMMODITIES.—Of the funds made available to carry out this section, not more than 10 percent shall
be used to purchase agricultural commodities described in subsection (a)(2).’’.
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SEC. 3310. GLOBAL CROP DIVERSITY TRUST.
Section 3202 of the Food, Conservation, and Energy Act of
2008 (22 U.S.C. 2220a note; Public Law 110–246) is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) UNITED STATES CONTRIBUTION LIMIT.—
‘‘(1) IN GENERAL.—The aggregate contributions of funds
of the Federal Government provided to the Trust shall not
exceed—
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132 STAT. 4623
‘‘(A) for the period of fiscal years 2014 through 2018,
25 percent of the total amount of funds contributed to
the Trust from all sources; and
‘‘(B) subject to paragraph (2), effective beginning with
fiscal year 2019, 33 percent of the total amount of funds
contributed to the Trust from all sources.
‘‘(2) ANNUAL LIMITATION.—The contributions of funds of
the Federal Government provided to the Trust shall not exceed
$5,500,000 for each of fiscal years 2019 through 2023.’’; and
(2) in subsection (c), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC.
3311.
LOCAL AND
PROJECTS.
REGIONAL
FOOD
AID
PROCUREMENT
Section 3206(e)(1) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 1726c(e)(1)) is amended—
(1) by inserting ‘‘to the Secretary’’ after ‘‘appropriated’’;
and
(2) by striking ‘‘2014 through 2018’’ and inserting ‘‘2019
through 2023’’.
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SEC. 3312. FOREIGN TRADE MISSIONS.
7 USC 5608.
(a) TRIBAL REPRESENTATION ON TRADE MISSIONS.—
(1) IN GENERAL.—The Secretary, in consultation with the
Tribal Advisory Committee established under subsection (b)(2)
of section 309 of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6921(b)(2)) (as added by section 12303(2)) (referred to in this
section as the ‘‘Advisory Committee’’), shall seek—
(A) to support the greater inclusion of Tribal agricultural and food products in Federal trade-related activities;
and
(B) to increase the collaboration between Federal trade
promotion efforts and other Federal trade-related activities
in support of the greater inclusion sought under subparagraph (A).
(2) INTERDEPARTMENTAL COORDINATION.—In carrying out
activities to increase the collaboration described in paragraph
(1)(B), the Secretary shall coordinate with—
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal agencies.
(b) REPORT; GOALS.—
(1) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report describing
the efforts of the Department of Agriculture and other Federal
agencies under this section to—
(A) the Advisory Committee;
(B) the Committee on Agriculture of the House of Representatives;
(C) the Committee on Energy and Commerce of the
House of Representatives;
(D) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
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PUBLIC LAW 115–334—DEC. 20, 2018
(2) GOALS.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish goals for measuring, in an objective and quantifiable format, the extent to
which Indian Tribes and Tribal agricultural and food products
are included in the trade-related activities of the Department
of Agriculture.
TITLE IV—NUTRITION
Subtitle A—Supplemental Nutrition
Assistance Program
SEC. 4001. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS.
(a) DEFINITION.—Section 3(o)(1) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012(o)(1)) is amended by striking ‘‘or houseto-house trade route’’ and inserting ‘‘, house-to-house trade route,
or online entity’’.
(b) ACCEPTANCE OF BENEFITS.—Section 7(k) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended—
(1) by striking the heading and inserting ‘‘ACCEPTANCE
OF PROGRAM BENEFITS THROUGH ONLINE TRANSACTIONS’’,
(2) in paragraph (4) by striking subparagraph (C), and
(3) by striking paragraph (5).
SEC. 4002. RE-EVALUATION OF THRIFTY FOOD PLAN.
Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(u)) is amended by inserting after the 1st sentence the following:
‘‘By 2022 and at 5-year intervals thereafter, the Secretary shall
re-evaluate and publish the market baskets of the thrifty food
plan based on current food prices, food composition data, consumption patterns, and dietary guidance.’’.
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SEC. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
(a) IN GENERAL.—Section 4(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)) is amended—
(1) by striking paragraph (4) and inserting the following:
‘‘(4) ADMINISTRATIVE COSTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations
as the Secretary determines necessary for effective administration of such distribution by a State agency or tribal
organization.
‘‘(B) WAIVER.—The Secretary shall waive up to 100
percent of the non-Federal share of the costs described
in subparagraph (A) if the Secretary determines that—
‘‘(i) the tribal organization is financially unable
to provide a greater non-Federal share of the costs;
or
‘‘(ii) providing a greater non-Federal share of the
costs would be a substantial burden for the tribal
organization.
‘‘(C) LIMITATION.—The Secretary may not reduce any
benefits or services under the food distribution program
on Indian reservations under this subsection to any tribal
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132 STAT. 4625
organization that is granted a waiver under subparagraph
(B).
‘‘(D) TRIBAL CONTRIBUTION.—The Secretary may allow
a tribal organization to use funds provided to the tribal
organization through a Federal agency or other Federal
benefit to satisfy all or part of the non-Federal share of
the costs described in subparagraph (A) if that use is
otherwise consistent with the purpose of the funds.’’,
(2) in paragraph (6)—
(A) in the heading by striking ‘‘LOCALLY-GROWN’’ and
inserting ‘‘LOCALLY- AND REGIONALLY-GROWN’’,
(B) in subparagraph (A) by striking ‘‘locally-grown’’
and inserting ‘‘locally- and regionally-grown’’,
(C) in subparagraph (C)—
(i) in the heading by striking ‘‘LOCALLY GROWN’’
and inserting ‘‘LOCALLY- AND REGIONALLY-GROWN’’, and
(ii) by striking ‘‘locally-grown’’ and inserting
‘‘locally- and regionally-grown’’,
(D) by amending subparagraph (D) to read as follows:
‘‘(D) PURCHASE OF FOODS.—In carrying out this paragraph, the Secretary shall purchase or offer to purchase
those traditional foods that may be procured cost-effectively.’’,
(E) by striking subparagraph (E), and
(F) in subparagraph (F)—
(i) by striking ‘‘(F)’’ and inserting ‘‘(E)’’, and
(ii) by striking ‘‘2018’’ and inserting ‘‘2023’’, and
(3) by adding at the end the following:
‘‘(7) AVAILABILITY OF FUNDS.—
‘‘(A) IN GENERAL.—Funds made available for a fiscal
year to carry out this subsection shall remain available
for obligation for a period of 2 fiscal years.
‘‘(B) ADMINISTRATIVE COSTS.—Funds made available for
a fiscal year to carry out paragraph (4) shall remain available for obligation by the State agency or tribal organization for a period of 2 fiscal years.’’.
(b) DEMONSTRATION PROJECT FOR TRIBAL ORGANIZATIONS.—
(1) DEFINITIONS.—In this subsection:
(A) DEMONSTRATION PROJECT.—The term ‘‘demonstration project’’ means the demonstration project established
under paragraph (2).
(B) FOOD DISTRIBUTION PROGRAM.—The term ‘‘food distribution program’’ means the food distribution program
on Indian reservations carried out under section 4(b) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).
(C) INDIAN RESERVATION.—The term ‘‘Indian reservation’’ has the meaning given the term ‘‘reservation’’ in
section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012).
(D) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the
meaning given the term in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
5304).
(E) SELF-DETERMINATION CONTRACT.—The term ‘‘selfdetermination contract’’ has the meaning given the term
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
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132 STAT. 4626
PUBLIC LAW 115–334—DEC. 20, 2018
(F) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ has the meaning given the term in section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(2) ESTABLISHMENT.—Subject to the availability of appropriations, the Secretary shall establish a demonstration project
under which 1 or more tribal organizations may enter into
self-determination contracts to purchase agricultural commodities under the food distribution program for the Indian reservation of that tribal organization.
(3) ELIGIBILITY.—
(A) CONSULTATION.—The Secretary shall consult with
the Secretary of the Interior and Indian tribes to determine
the process and criteria under which a tribal organization
may participate in the demonstration project.
(B) CRITERIA.—The Secretary shall select for participation in the demonstration project tribal organizations
that—
(i) are successfully administering the food distribution program of the tribal organization under section
4(b)(2)(B) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)(2)(B)),
(ii) have the capacity to purchase agricultural
commodities in accordance with paragraph (4) for the
food distribution program of the tribal organization,
and
(iii) meet any other criteria determined by the
Secretary, in consultation with the Secretary of the
Interior and Indian tribes.
(4) PROCUREMENT OF AGRICULTURAL COMMODITIES.—Any
agricultural commodities purchased by a tribal organization
under the demonstration project shall—
(A) be domestically produced,
(B) supplant, not supplement, the type of agricultural
commodities in existing food packages for that tribal
organization,
(C) be of similar or higher nutritional value as the
type of agricultural commodities that would be supplanted
in the existing food package for that tribal organization,
and
(D) meet any other criteria determined by the Secretary.
(5) REPORT.—Not later than 1 year after the date on which
funds are appropriated under paragraph (6) and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
describing the activities carried out under the demonstration
project during the preceding year.
(6) FUNDING.—
(A) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry
out this subsection $5,000,000, to remain available until
expended.
(B) APPROPRIATIONS IN ADVANCE.—Only funds appropriated under subparagraph (A) in advance specifically to
carry out this subsection shall be available to carry out
this subsection.
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132 STAT. 4627
(c) CONFORMING AMENDMENT.—Section 3(v) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by striking
‘‘the Indian Self-Determination Act (25 U.S.C. 450b(b))’’ and
inserting ‘‘section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)’’.
SEC. 4004. SIMPLIFIED HOMELESS HOUSING COSTS.
Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(e)(6)(D)) is amended—
(1) by redesignating clause (ii) as clause (iii), and
(2) by striking clause (i) and inserting the following:
‘‘(i) ALTERNATIVE DEDUCTION.—The State agency
shall allow a deduction of $143 a month for households—
‘‘(I) in which all members are homeless
individuals;
‘‘(II) that are not receiving free shelter
throughout the month; and
‘‘(III) that do not opt to claim an excess shelter
expense deduction under subparagraph (A).
‘‘(ii) ADJUSTMENT.—For fiscal year 2019 and each
subsequent fiscal year the amount of the homeless
shelter deduction specified in clause (i) shall be
adjusted to reflect changes for the 12-month period
ending the preceding November 30 in the Consumer
Price Index for All Urban Consumers published by
the Bureau of Labor Statistics of the Department of
Labor.’’.
SEC. 4005. EMPLOYMENT AND TRAINING FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) EMPLOYMENT AND TRAINING PROGRAMS THAT MEET STATE
LOCAL WORKFORCE NEEDS.—Section 6(d)(4) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—
(1) in subparagraph (A)—
(A) in clause (i)—
(i) by inserting ‘‘, in consultation with the State
workforce development board, or, if the State demonstrates that consultation with private employers or
employer organizations would be more effective or efficient, in consultation with private employers or
employer organizations,’’ after ‘‘designed by the State
agency’’, and
(ii) by striking ‘‘that will increase their ability
to obtain regular employment.’’ and inserting the following: ‘‘that will—
‘‘(I) increase the ability of the household members to obtain regular employment; and
‘‘(II) meet State or local workforce needs.’’,
and
(B) in clause (ii) by inserting ‘‘and implemented to
meet the purposes of clause (i)’’ after ‘‘under this paragraph’’,
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by inserting
‘‘case management services such as comprehensive intake
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132 STAT. 4628
PUBLIC LAW 115–334—DEC. 20, 2018
assessments, individualized service plans, progress monitoring, or coordination with service providers and’’ after
‘‘contains’’,
(B) in clause (iv) by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and indenting
appropriately,
(C) by redesignating clauses (i) through (vii) and clause
(viii) as subclauses (I) through (VII) and subclause (IX),
respectively, and indenting appropriately,
(D) by striking subclause (I), as so redesignated, and
inserting the following:
‘‘(I) Supervised job search programs that occur
at State-approved locations at which the activities
of participants shall be directly supervised and
the timing and activities of participants tracked
in accordance with guidelines issued by the State.’’,
(E) in subclause (II), as so redesignated, by striking
‘‘jobs skills assessments, job finding clubs, training in techniques for’’ and inserting ‘‘employability assessments,
training in techniques to increase’’,
(F) in subclause (IV), as so redesignated, in the first
sentence, by inserting ‘‘, including subsidized employment
and apprenticeships’’ before the period at the end,
(G) in subclause (VII), as so redesignated, by inserting
‘‘not less than 30 days but’’ after ‘‘period of’’,
(H) by inserting after subclause (VII), as so redesignated, the following:
‘‘(VIII) Programs and activities under clause
(iv) of section 16(h)(1)(F) that the Secretary determines, based on results from the independent
evaluations conducted under clause (vii)(I) of such
section, have the most demonstrable impact on
the ability of participants to find and retain
employment that leads to increased household
income and reduced reliance on public assistance.’’,
(I) in the matter preceding subclause (I), as so redesignated—
(i) by striking ‘‘this subparagraph’’ and inserting
‘‘this clause’’, and
(ii) by striking ‘‘(B) For purposes of this Act, an’’
and inserting the following:
‘‘(B) DEFINITIONS.—In this Act:
‘‘(i) EMPLOYMENT AND TRAINING PROGRAM.—The
term’’, and
(J) by adding at the end the following:
‘‘(ii) WORKFORCE PARTNERSHIP.—
‘‘(I) IN GENERAL.—The term ‘workforce partnership’ means a program that—
‘‘(aa) is operated by—
‘‘(AA) a private employer, an organization representing private employers, or a
nonprofit organization providing services
relating to workforce development; or
‘‘(BB) an entity identified as an
eligible provider of training services under
section 122(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3152(d));
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132 STAT. 4629
‘‘(bb) the Secretary certifies, or the State
agency certifies to the Secretary—
‘‘(AA) subject to subparagraph (N)(ii),
would assist participants who are members of households participating in the
supplemental nutrition assistance program in gaining high-quality, work-relevant skills, training, work, or experience
that will increase the ability of the participants to obtain regular employment;
‘‘(BB) subject to subparagraph (N)(ii),
would provide participants with not less
than 20 hours per week of training, work,
or experience under subitem (AA);
‘‘(CC) would not use any funds authorized to be appropriated by this Act;
‘‘(DD)
would
provide
sufficient
information, on request by the State
agency, for the State agency to determine
that participants who are members of
households participating in the supplemental nutrition assistance program are
fulfilling any applicable work requirement
under this subsection or subsection (o);
‘‘(EE) would be willing to serve as
a reference for participants who are members of households participating in the
supplemental nutrition assistance program for future employment or workrelated programs; and
‘‘(FF) meets any other criteria established by the Secretary, on the condition
that the Secretary shall not establish any
additional criteria that would impose
significant paperwork burdens on the
workforce partnership; and
‘‘(cc) is in compliance with the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.),
if applicable.
‘‘(II) INCLUSION.—The term ‘workforce partnership’ includes a multistate program.’’,
(3) in subparagraph (E)—
(A) in the second sentence, by striking ‘‘Such requirements’’ and inserting the following:
‘‘(ii) VARIATION.—The requirements under clause
(i)’’,
(B) by striking ‘‘(E) Each State’’ and inserting the
following:
‘‘(E) REQUIREMENTS FOR PARTICIPATION FOR CERTAIN
INDIVIDUALS.—
‘‘(i) IN GENERAL.—Each State’’, and
(C) by adding at the end the following:
‘‘(iii) APPLICATION TO WORKFORCE PARTNERSHIPS.—
To the extent that a State agency requires an individual to participate in an employment and training
program, the State agency shall consider an individual
participating in a workforce partnership to be in
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PUBLIC LAW 115–334—DEC. 20, 2018
compliance with the employment and training requirements.’’,
(4) in subparagraph (H), by striking ‘‘(B)(v)’’ and inserting
‘‘(B)(i)(V)’’, and
(5) by adding at the end the following:
‘‘(N) WORKFORCE PARTNERSHIPS.—
‘‘(i) CERTIFICATION.—In certifying that a program
meets the requirements of subitems (AA) and (BB)
of subparagraph (B)(ii)(I)(bb) to be certified as a
workforce partnership, the Secretary or the State
agency shall require that the program submit to the
Secretary or State agency sufficient information that
describes—
‘‘(I) the services and activities of the program
that would provide participants with not less than
20 hours per week of training, work, or experience
under those subitems; and
‘‘(II) how the program would provide services
and activities described in subclause (I) that would
directly enhance the employability or job readiness
of the participant.
‘‘(ii) SUPPLEMENT, NOT SUPPLANT.—A State agency
may use a workforce partnership to supplement, not
to supplant, the employment and training program
of the State agency.
‘‘(iii) PARTICIPATION.—A State agency—
‘‘(I) shall—
‘‘(aa) maintain a list of workforce partnerships
certified
under
subparagraph
(B)(ii)(I)(bb); and
‘‘(bb) not less frequently than at certification and recertification, provide to a household member subject to work requirements
under subsection (d)(1) or subsection (o), electronically or by other means, the list described
in item (aa); but
‘‘(II) may not require any member of a household participating in the supplemental nutrition
assistance program to participate in a workforce
partnership.
‘‘(iv) EFFECT.—
‘‘(I) IN GENERAL.—A workforce partnership
shall not replace the employment or training of
an individual not participating in the workforce
partnership.
‘‘(II) SELECTION.—Nothing in this subsection
or subsection (o) affects the criteria or screening
process for selecting participants by a workforce
partnership.
‘‘(v) LIMITATION ON REPORTING REQUIREMENTS.—
In carrying out this subparagraph, the Secretary and
each applicable State agency shall limit the reporting
requirements of a workforce partnership to—
‘‘(I) on notification that an individual is
receiving supplemental nutrition assistance program benefits, notifying the applicable State
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132 STAT. 4631
agency that the individual is participating in the
workforce partnership;
‘‘(II) identifying participants who have completed or are no longer participating in the
workforce partnership;
‘‘(III) identifying changes to the workforce
partnership that result in the workforce partnership no longer meeting the certification requirements of the Secretary or the State agency under
subparagraph (B)(ii)(I)(bb); and
‘‘(IV) providing sufficient information, on
request by the State agency, for the State agency
to verify that a participant is fulfilling any
applicable work requirements under this subsection or subsection (o).
‘‘(O) REFERRAL OF CERTAIN INDIVIDUALS.—
‘‘(i) IN GENERAL.—In accordance with such regulations as may be issued by the Secretary, with respect
to any individual who is not eligible for an exemption
under paragraph (2) and who is determined by the
operator of an employment and training program
component to be ill-suited to participate in that employment and training program component, the State
agency shall—
‘‘(I) refer the individual to an appropriate
employment and training program component;
‘‘(II) refer the individual to an appropriate
workforce partnership, if available;
‘‘(III) reassess the physical and mental fitness
of the individual under paragraph (1)(A); or
‘‘(IV) to the maximum extent practicable,
coordinate with other Federal, State, or local
workforce or assistance programs to identify work
opportunities or assistance for the individual.
‘‘(ii) PROCESS.—In carrying out clause (i), the State
agency shall ensure that an individual undergoing and
complying with the process established under that
clause shall not be found to have refused without good
cause to participate in an employment and training
program.’’.
(b) WORK REQUIREMENTS.—Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B) by striking ‘‘and’’ at the end,
(B) in subparagraph (C) by striking ‘‘job search program or a job search training program.’’ and inserting
‘‘supervised job search program or job search training program;’’, and
(C) by adding at the end the following:
‘‘(D) a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, and approved by the Secretary;
and
‘‘(E) a workforce partnership under subsection
(d)(4)(N).’’,
(2) in paragraph (4)(A) by inserting ‘‘and with the support
of the chief executive officer of the State’’ after ‘‘agency’’, and
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132 STAT. 4632
PUBLIC LAW 115–334—DEC. 20, 2018
(3) in paragraph (6)—
(A) in the heading by striking ‘‘15-PERCENT EXEMPTION’’
and inserting ‘‘EXEMPTIONS’’,
(B) in subparagraph (B) by striking ‘‘(G)’’ and inserting
‘‘(H)’’,
(C) in subparagraph (C) by striking ‘‘(E) and (G)’’ and
inserting ‘‘(F) and (H)’’ ,
(D) in subparagraph (D)—
(i) in the heading by striking ‘‘SUBSEQUENT FISCAL
YEARS’’ and inserting ‘‘FISCAL YEARS 1999 THROUGH
2019’’,
(ii) by striking ‘‘(E) through (G)’’ and inserting
‘‘(F) through (H)’’, and
(iii) by striking ‘‘year,’’ and inserting ‘‘year through
fiscal year 2019,’’,
(E) in subparagraph (E) by striking ‘‘or (D)’’ and
inserting ‘‘, (D), or (E)’’,
(F) by redesignating subparagraphs (E), (F), and (G)
as subparagraphs (F), (G), and (H), respectively, and
(G) by inserting after subparagraph (D) the following:
‘‘(E) SUBSEQUENT FISCAL YEARS.—Subject to subparagraphs (F) through (H), for fiscal year 2020 and each subsequent fiscal year, a State agency may provide a number
of exemptions such that the average monthly number of
exemptions in effect during the fiscal year does not exceed
12 percent of the number of covered individuals in the
State, as estimated by the Secretary under subparagraph
(C), adjusted by the Secretary to reflect changes in the
State’s caseload and the Secretary’s estimate of changes
in the proportion of members of households that receive
supplemental nutrition assistance program benefits covered
by waivers granted under paragraph (4).’’.
(c) STATE PLANS.—Section 11 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020) is amended—
(1) in subsection (e)(19) by inserting ‘‘the extent to which
such programs will be carried out in coordination with the
activities carried out under title I of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3111 et seq.),’’ before ‘‘and
the basis,’’, and
(2) by adding at the end the following:
‘‘(w) For households containing at least one adult, with no
elderly or disabled members and with no earned income at their
last certification or required report, a State agency shall, at the
time of recertification, be required to advise members of the household not exempt under section 6(d)(2) regarding available employment and training services.’’.
(d) FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.—Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h))
is amended—
(1) in paragraph (1)—
(A) in subparagraph (A) by striking ‘‘$90,000,000’’ and
inserting ‘‘$103,900,000’’,
(B) in subparagraph (C)—
(i) in clause (i) by inserting ‘‘, subject to clauses
(ii) through (v),’’ after ‘‘(B), the Secretary’’, and
(ii) by adding at the end the following:
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132 STAT. 4633
‘‘(iv) PRIORITY.—The Secretary shall reallocate
funds under this subparagraph as follows:
‘‘(I)(aa) Subject to items (bb) and (cc), not less
than 50 percent shall be reallocated to State agencies requesting such funds to conduct employment
and training programs and activities for which
such State agencies had previously received
funding under subparagraph (F)(viii) that the Secretary determines have the most demonstrable
impact on the ability of participants to find and
retain employment that leads to increased household income and reduced reliance on public assistance.
‘‘(bb) The Secretary shall base the determination under item (aa) on—
‘‘(AA) project results from the independent
evaluations conducted under subparagraph
(F)(vii)(I); or
‘‘(BB) if the project results from the independent evaluations conducted under subparagraph (F)(vii)(I) are not yet available, the
reports under subparagraph (F)(vii)(II) or
other information relating to performance of
the programs and activities funded under
subparagraph (F)(viii).
‘‘(cc) Employment and training activities
funded under this subclause are not subject to
subparagraph (F)(vii), but are subject to monitoring under paragraph (h)(5).
‘‘(II) Not less than 30 percent shall be reallocated to State agencies requesting such funds to
implement or continue employment and training
programs and activities under section 6(d)(4)(B)(i)
that the Secretary determines have the most
demonstrable impact on the ability of participants
to find and retain employment that leads to
increased household income and reduced reliance
on public assistance, including programs and
activities that are targeted to—
‘‘(aa) individuals 50 years of age or older;
‘‘(bb) formerly incarcerated individuals;
‘‘(cc) individuals participating in a substance abuse treatment program;
‘‘(dd) homeless individuals;
‘‘(ee) people with disabilities seeking to
enter the workforce;
‘‘(ff) other individuals with substantial
barriers to employment; or
‘‘(gg) households facing multi-generational
poverty, to support employment and workforce
participation through an integrated and
family-focused approach in providing supportive services.
‘‘(III) The Secretary shall reallocate any
remaining funds available under this subparagraph, to State agencies requesting such funds
to use for employment and training programs and
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PUBLIC LAW 115–334—DEC. 20, 2018
activities that the Secretary determines have the
most demonstrable impact on the ability of participants to find and retain employment that leads
to increased household income and reduced reliance on public assistance under section
6(d)(4)(B)(i).
‘‘(v) CONSIDERATION.—In reallocating funds under
this subparagraph, a State agency that receives reallocated funds under clause (iv)(I) may also be considered
for reallocated funding under clause (iv)(II).’’, and
(C) in subparagraph (D) by striking ‘‘$50,000’’ and
inserting ‘‘$100,000’’, and
(2) in paragraph (5)(B) by adding at the end the following:
‘‘(v) STATE OPTION.—The State agency may report
relevant data from a workforce partnership carried
out under section 6(d)(4)(N) to demonstrate the number
of program participants served by the workforce partnership.’’.
(e) EXPIRED AUTHORITY.—Section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)) is amended—
(1) by striking paragraph (2), and
(2) by redesignating paragraph (3) as paragraph (2).
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SEC. 4006. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER
SYSTEM.
(a) EBT PORTABILITY.—Section 7(f)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the
end the following:
‘‘(C) OPERATION OF INDIVIDUAL POINT OF SALE DEVICE
BY FARMERS’ MARKETS AND DIRECT MARKETING FARMERS.—
A farmers’ market or direct marketing farmer that is
exempt under paragraph (2)(B)(i) shall be allowed to
operate an individual electronic benefit transfer point of
sale device at more than 1 location under the same supplemental nutrition assistance program authorization, if—
‘‘(i) the farmers’ market or direct marketing farmer
provides to the Secretary information on location and
hours of operation at each location; and
‘‘(ii)(I) the point of sale device used by the farmers’
market or direct marketing farmer is capable of providing location information of the device through the
electronic benefit transfer system; or
‘‘(II) if the Secretary determines that the technology is not available for a point of sale device to
meet the requirement under subclause (I), the farmers’
market or direct marketing farmer provides to the
Secretary any other information, as determined by the
Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.’’.
(b) MODERNIZATION OF ELECTRONIC BENEFIT TRANSFER REGULATIONS.—The 1st sentence of section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) is amended by inserting
‘‘and shall periodically review such regulations and modify such
regulations to take into account evolving technology and comparable
industry standards’’ before the period at the end.
(c) BENEFIT RECOVERY.—Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended—
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132 STAT. 4635
(1) in subparagraph (A) by inserting ‘‘, or due to the death
of all members of the household’’ after ‘‘inactivity’’, and
(2) by striking subparagraphs (B) and (C) and inserting
the following:
‘‘(B) BENEFIT STORAGE.—
‘‘(i) IN GENERAL.—A State agency may store recovered electronic benefits off-line in accordance with
clause (ii), if the household has not accessed the
account after 3 months.
‘‘(ii) NOTICE OF BENEFIT STORAGE.—A State agency
shall—
‘‘(I) send notice to a household the benefits
of which are stored under clause (i); and
‘‘(II) not later than 48 hours after request
by the household, make the stored benefits available to the household.
‘‘(C) BENEFIT EXPUNGING.—
‘‘(i) IN GENERAL.—Subject to clause (ii), a State
agency shall expunge benefits that have not been
accessed by a household after a period of 9 months,
or upon verification that all members of the household
are deceased.
‘‘(ii) NOTICE OF BENEFIT EXPUNGING.—Not later
than 30 days before benefits are to be expunged under
clause (i), a State agency shall—
‘‘(I) provide sufficient notice to the household
that benefits will be expunged due to inactivity,
and the date upon which benefits will be expunged;
‘‘(II) for benefits stored off-line in accordance
with subparagraph (B), provide the household an
opportunity to request that such benefits be
restored to the household; and
‘‘(III) not later than 48 hours after request
by the household, make the benefits available to
the household.’’.
(d) PROHIBITED FEES.—Section 7 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016) is amended—
(1) by amending subsection (h)(13) to read as follows:
‘‘(13) FEES.—
‘‘(A) INTERCHANGE FEES.—No interchange fees shall
apply to electronic benefit transfer transactions under this
subsection.
‘‘(B) OTHER FEES.—Effective through fiscal year 2023,
neither a State, nor any agent, contractor, or subcontractor
of a State who facilitates the provision of supplemental
nutrition assistance program benefits in such State may
impose a fee for switching (as defined in subsection
(j)(1)(H)) or routing such benefits.’’, and
(2) by amending subsection (j)(1)(H) to read as follows:
‘‘(H) SWITCHING.—The term ‘switching’ means the
routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit
transfer card in one State to the issuer of the card that
may be in the same or different State.’’.
(e) MOBILE TECHNOLOGIES.—Section 7(h)(14) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended—
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(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 ‘‘DEMONSTRA-
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TION PROJECTS ON ACCESS OF BENEFITS THROUGH MOBILE
TECHNOLOGIES’’,
(B) by amending clause (i) to read as follows:
‘‘(i) DEMONSTRATION PROJECTS.—Before authorizing implementation of subparagraph (A) in all States,
the Secretary shall approve not more than 5 demonstration project proposals submitted by State agencies that will pilot the use of mobile technologies for
supplemental nutrition assistance program benefits
access.’’,
(C) in clause (ii)—
(i) in the heading by striking ‘‘DEMONSTRATION
PROJECTS’’ and inserting ‘‘PROJECT REQUIREMENTS’’,
(ii) by striking ‘‘retail food store’’ the first place
it appears and inserting ‘‘State agency’’,
(iii) by striking ‘‘includes’’,
(iv) by striking subclauses (I), (II), (III), and (IV),
and inserting the following:
‘‘(I) provides recipient protections regarding
privacy, ease of use, household access to benefits,
and support similar to the protections provided
under existing methods;
‘‘(II) ensures that all recipients, including
those without access to mobile payment technology
and those who shop across State borders, have
a means of benefit access;
‘‘(III) requires retail food stores, unless exempt
under section 7(f)(2)(B), to bear the costs of
acquiring and arranging for the implementation
of point-of-sale equipment and supplies for the
redemption of benefits that are accessed through
mobile technologies;
‘‘(IV) requires that foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than
the price of the same food purchased by other
methods used by the retail food store, as determined by the Secretary;
‘‘(V) ensures adequate documentation for each
authorized transaction, adequate security measures to deter fraud, and adequate access to retail
food stores that accept benefits accessed through
mobile technologies, as determined by the Secretary;
‘‘(VI) provides for an evaluation of the demonstration project, including, but not limited to,
an evaluation of household access to benefits;
‘‘(VII) requires that the State demonstration
projects are voluntary for all retail food stores
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4637
and that all recipients are able to use benefits
in non-participating retail food stores; and
‘‘(VIII) meets other criteria as established by
the Secretary.’’,
(D) by amending clause (iii) to read as follows:
‘‘(iv) DATE OF PROJECT APPROVAL.—The Secretary
shall solicit and approve the qualifying demonstration
projects required under subparagraph (B)(i) not later
than January 1, 2021.’’, and
(E) by inserting after clause (ii) the following:
‘‘(iii) PRIORITY.—The Secretary may prioritize demonstration project proposals that would—
‘‘(I) reduce fraud;
‘‘(II) encourage positive nutritional outcomes;
and
‘‘(III) meet such other criteria as determined
by the Secretary.’’, and
(3) in subparagraph (C)(i)—
(A) by striking ‘‘2017’’ and inserting ‘‘2022’’, and
(B) by inserting ‘‘requires further study by way of
an extended pilot period or’’ after ‘‘States’’ the 2d place
it appears.
(f) APPROVAL OF RETAIL FOOD STORES.—Section 9 of the Food
and Nutrition Act (7 U.S.C. 2018) is amended—
(1) in subsection (a)(1)—
(A) in the 4th sentence by striking ‘‘No retail food
store’’ and inserting the following:
‘‘(D) VISIT REQUIRED.—No retail food store’’,
(B) in the 3d sentence by striking ‘‘Approval’’ and
inserting the following:
‘‘(C) CERTIFICATE.—Approval’’,
(C) in the 2d sentence—
(i) by striking ‘‘food; and (D) the’’ and inserting
the following: ‘‘food;
‘‘(iv) any information, if available, about the ability
of the anticipated or existing electronic benefit transfer
equipment and service provider of the applicant to
provide sufficient information through the electronic
benefit transfer system to minimize the risk of fraudulent transactions; and
‘‘(v) the’’,
(ii) by striking ‘‘concern; (C) whether’’ and inserting
the following: ‘‘concern;
‘‘(iii) whether’’,
(iii) by striking ‘‘applicant; (B) the’’ and inserting
the following: ‘‘applicant;
‘‘(ii) the’’,
(iv) by striking ‘‘following: (A) the nature’’ and
inserting the following: ‘‘following:
‘‘(i) the nature’’, and
(v) in the matter preceding clause (i), as so designated, by striking ‘‘In determining’’ and inserting
the following:
‘‘(B) FACTORS FOR CONSIDERATION.—In determining’’,
and
(D) in the 1st sentence by striking ‘‘(a)(1) Regulations’’
and inserting the following:
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(a) AUTHORIZATION TO ACCEPT AND REDEEM BENEFITS.—
‘‘(1) APPLICATIONS.—
‘‘(A) IN GENERAL.—Regulations’’,
(2) in subsection (a) by adding at the end the following:
‘‘(4) ELECTRONIC BENEFIT TRANSFER EQUIPMENT AND
SERVICE PROVIDERS.—Before implementing clause (iv) of paragraph (1)(B), the Secretary shall issue guidance for retail food
stores on how to select electronic benefit transfer equipment
and service providers that are able to meet the requirements
of that clause.’’, and
(3) in the 1st sentence of subsection (c) by inserting ‘‘records
relating to electronic benefit transfer equipment and related
services, transaction and redemption data provided through
the electronic benefit transfer system,’’ after ‘‘purchase
invoices,’’.
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SEC. 4007. REVIEW OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM OPERATIONS.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.
2018) is amended by adding at the end the following:
‘‘(i) REVIEW OF PROGRAM OPERATIONS.—
‘‘(1) REVIEW BY THE SECRETARY.—The Secretary—
‘‘(A) shall review a representative sample of currently
authorized facilities referred to in section 3(k)(3) to determine whether benefits are properly used by or on behalf
of participating households residing in such facilities and
whether such facilities are using more than 1 source of
Federal or State funding to meet the food needs of residents;
‘‘(B) may carry out similar reviews for currently participating residential drug and alcohol treatment and
rehabilitation programs, and group living arrangements
for the blind and disabled, referred to in section 3(k);
‘‘(C) shall gather information, and such facilities, programs, and arrangements shall be required to submit
information deemed necessary for a full and thorough
review; and
‘‘(D) shall report the results of these reviews to the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate not later than 18 months after the date
of the enactment of the Agriculture Improvement Act of
2018, along with recommendations regarding—
‘‘(i) any additional requirements or oversight that
would be appropriate for such facilities, programs, and
arrangements; and
‘‘(ii) whether such facilities, programs, and
arrangements should continue to be authorized to
participate in the supplemental nutrition assistance
program.
‘‘(2) LIMITATION.—Nothing in this subsection shall
authorize the Secretary to deny any application for continued
authorization, any application for authorization, or any request
to withdraw the authorization of any such facility, program,
or arrangement based on a determination that residents of
any such facility or entity are residents of an institution for
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132 STAT. 4639
a period of 18 months from the date of enactment of the
Agriculture Improvement Act of 2018.’’.
SEC. 4008. RETAIL INCENTIVES.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.
2018), as amended by section 4007, is amended by adding at the
end the following:
‘‘(j) INCENTIVES.—
‘‘(1) DEFINITION OF ELIGIBLE INCENTIVE FOOD.—In this subsection, the term ‘eligible incentive food’ means—
‘‘(A) a staple food that is identified for increased
consumption, consistent with the most recent dietary recommendations; and
‘‘(B) a fruit, vegetable, dairy, whole grain, or product
thereof.
‘‘(2) GUIDANCE.—
‘‘(A) IN GENERAL.—The Secretary shall issue guidance
to clarify the process by which an approved retail food
store may seek a waiver to offer an incentive, which may
be used only for the purchase of an eligible incentive food
at the point of purchase, to a household purchasing food
with benefits issued under this Act.
‘‘(B) GUIDANCE.—The guidance under subparagraph (A)
shall establish a process under which an approved retail
food store, prior to carrying out an incentive program under
this subsection, shall provide to the Secretary information
describing the incentive program, including—
‘‘(i) the types of incentives that will be offered;
‘‘(ii) the types of foods that will be incentivized
for purchase; and
‘‘(iii) an explanation of how the incentive program
intends to support meeting dietary intake goals.
‘‘(3) NO LIMITATION ON BENEFITS.—A waiver granted under
this subsection shall not be used to carry out any activity
that limits the use of benefits under this Act or any other
Federal nutrition law.
‘‘(4) EFFECT.—Guidance provided under this subsection
shall not affect any requirements under section 4405 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517),
including the eligibility of a retail food store to participate
in a project funded under such section.
‘‘(5) REPORT.—The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate
an annual report describing the types of incentives approved
under this subsection.’’.
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SEC. 4009. REQUIRED ACTION ON DATA MATCH INFORMATION.
Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)) is amended—
(1) in paragraph (24) by striking ‘‘and’’ after the semicolon,
(2) in paragraph (25) by striking the period at the end
and inserting ‘‘; and’’, and
(3) by adding at the end the following:
‘‘(26) that for a household participating in the supplemental
nutrition assistance program, the State agency shall pursue
clarification and verification, if applicable, of information
relating to the circumstances of the household received from
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PUBLIC LAW 115–334—DEC. 20, 2018
data matches for the purpose of ensuring an accurate eligibility
and benefit determination, only if the information—
‘‘(A) appears to present significantly conflicting
information from the information that was used by the
State agency at the time of certification of the household;
‘‘(B) is obtained from data matches carried out under
subsection (q), (r), or (x); or
‘‘(C)(i) is less than 60 days old relative to the current
month of participation of the household; and
‘‘(ii) if accurate, would have been required to be
reported by the household based on the reporting requirements assigned to the household by the State agency under
section 6(c).’’.
SEC. 4010. INCENTIVIZING TECHNOLOGY MODERNIZATION.
Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(t)) is amended—
(1) by striking the heading and inserting ‘‘GRANTS FOR
SIMPLIFIED APPLICATION AND ELIGIBILITY DETERMINATION SYSTEMS AND IMPROVED ACCESS TO BENEFITS’’,
(2) in paragraph (1) by striking ‘‘implement—’’ and all
that follows through the period at the end, and inserting ‘‘implement supplemental nutrition assistance program simplified
application and eligibility determination systems.’’, and
(3) in paragraph (2)—
(A) by amending subparagraph (B) to read as follows:
‘‘(B) establishing enhanced technological methods that
improve the administrative infrastructure used in processing applications and determining eligibility; or’’,
(B) by striking subparagraphs (C) and (D), and
(C) by redesignating subparagraph (E) as subparagraph (C).
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SEC. 4011. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE
ISSUANCES.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020), as amended by section 4005(c), is amended by adding at
the end the following:
‘‘(x) NATIONAL ACCURACY CLEARINGHOUSE.—
‘‘(1) DEFINITION OF INDICATION OF MULTIPLE ISSUANCE.—
In this subsection, the term ‘indication of multiple issuance’
means an indication, based on a computer match, that supplemental nutrition assistance program benefits are being issued
to an individual by more than 1 State agency simultaneously.
‘‘(2) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The Secretary shall establish an
interstate data system, to be known as the ‘National
Accuracy Clearinghouse’, to prevent multiple issuances of
supplemental nutrition assistance program benefits to an
individual by more than 1 State agency simultaneously.
‘‘(B) DATA MATCHING.—The Secretary shall require that
State agencies make available to the National Accuracy
Clearinghouse only such information as is necessary for
the purpose described in subparagraph (A).
‘‘(C) DATA PROTECTION.—The information made available by State agencies under subparagraph (B)—
‘‘(i) shall be used only for the purpose described
in subparagraph (A);
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‘‘(ii) shall be exempt from the disclosure requirements of section 552(a) of title 5 of the United States
Code pursuant to section 552(b)(3) of title 5 of the
United States Code, to the extent such information
is obtained or received by the Secretary;
‘‘(iii) shall not be retained for longer than is necessary to accomplish the purpose in subparagraph (A);
‘‘(iv) shall be used in a manner that protects the
identity and location of a vulnerable individual
(including a victim of domestic violence) that is an
applicant for, or recipient of, supplemental nutrition
assistance program benefits; and
‘‘(v) shall meet security standards as determined
by the Secretary.
‘‘(3) ISSUANCE OF INTERIM FINAL REGULATIONS.—Not later
than 18 months after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry
out this subsection that—
‘‘(A) incorporate best practices and lessons learned from
the pilot program under section 4032(c) of the Agricultural
Act of 2014 (7 U.S.C. 2036c(c));
‘‘(B) require a State agency to take appropriate action,
as determined by the Secretary, with respect to each indication of multiple issuance of supplemental nutrition assistance program benefits, or each indication that an individual
receiving such benefits in 1 State has applied to receive
such benefits in another State, while ensuring timely and
fair service to applicants for, and recipients of, such benefits;
‘‘(C) establish standards to limit and protect the
information submitted through or retained by the National
Accuracy Clearinghouse consistent with paragraph (2)(C);
‘‘(D) establish safeguards to protect—
‘‘(i) the information submitted through or retained
by the National Accuracy Clearinghouse, including by
limiting the period of time that information is retained
to the period necessary to accomplish the purpose
described in paragraph (2)(A); and
‘‘(ii) the privacy of information that is submitted
through or retained by the National Accuracy Clearinghouse consistent with subsection (e)(8); and
‘‘(E) include such other rules and standards the Secretary determines appropriate to carry out this subsection.
‘‘(4) TIMING.—The initial match and corresponding actions
required by paragraph (3)(B) shall occur within 3 years after
the date of the enactment of the Agriculture Improvement
Act of 2018.’’.
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SEC. 4012. REQUIREMENT OF LIVE-PRODUCTION ENVIRONMENTS FOR
CERTAIN PILOT PROJECTS RELATING TO COST SHARING
FOR COMPUTERIZATION.
Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(g)(1)) is amended—
(1) in subparagraph (F) by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting appropriately;
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(2) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively, and indenting appropriately;
(3) in the matter preceding clause (i), as so redesignated—
(A) by striking ‘‘paragraphs (2) and (3)’’ and inserting
‘‘paragraph (2)’’; and
(B) by striking ‘‘in the planning’’ and inserting the
following: ‘‘in the—
‘‘(A) planning’’,
(4) in clause (v), as so redesignated, of subparagraph (A),
as so designated, by striking ‘‘implementation, including
through pilot projects in limited areas for major systems
changes as determined under rules promulgated by the Secretary, data from which’’ and inserting the following:
‘‘implementation, including a requirement that—
‘‘(I) such testing shall be accomplished through
pilot projects in limited areas for major systems
changes (as determined under rules promulgated
by the Secretary);
‘‘(II) each pilot project described in subclause
(I) that is carried out before the implementation
of a system shall be conducted in a live-production
environment; and
‘‘(III) the data resulting from each pilot project
carried out under this clause’’;
(5) in clause (vi), as so redesignated, by striking the period
at end and inserting ‘‘; and’’, and
(6) by adding at the end the following:
‘‘(B) operation of 1 or more automatic data processing
and information retrieval systems that the Secretary determines may continue to be operated in accordance with
clauses (i) through (vii) of subparagraph (A).’’.
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SEC. 4013. QUALITY CONTROL IMPROVEMENTS.
(a) RECORDS.—Section 11(a)(3)(B) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended—
(1) by striking ‘‘Records described’’ and inserting ‘‘All
records, and the entire information systems in which records
are contained, that are covered’’, and
(2) by amending clause (i) to read as follows:
‘‘(i) be made available for inspection and audit
by the Secretary, subject to data and security protocols
agreed to by the State agency and Secretary;’’.
(b) QUALITY CONTROL SYSTEM.—Section 16(c)(1)(B) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(B)) is amended
to read as follows:
‘‘(B) QUALITY CONTROL SYSTEM INTEGRITY.—
‘‘(i) IN GENERAL.—Not later than 180 days after
the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary shall issue interim final
regulations that—
‘‘(I) ensure that the quality control system
established under this subsection produces valid
statistical results;
‘‘(II) provide for oversight of contracts entered
into by a State agency for the purpose of improving
payment accuracy;
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132 STAT. 4643
‘‘(III) ensure the accuracy of data collected
under the quality control system established under
this subsection; and
‘‘(IV) for each fiscal year, to the maximum
extent practicable, provide for the evaluation of
the integrity of the quality control process of not
fewer than 2 State agencies, selected in accordance
with criteria determined by the Secretary.
‘‘(ii) DEBARMENT.—In accordance with the nonprocurement debarment procedures under part 417 of
title 2, Code of Federal Regulations, or successor regulations, the Secretary shall debar any person that,
in carrying out the quality control system established
under this subsection, knowingly submits, or causes
to be submitted, false information to the Secretary.’’.
(c) REPORTING REQUIREMENTS.—The 1st sentence of section
16(c)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(4))
is amended by inserting ‘‘, including providing access to applicable
State records and the entire information systems in which the
records are contained,’’ after ‘‘necessary’’.
(d) STATE PERFORMANCE INDICATORS.—Section 16(d) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended—
(1) by striking the heading and inserting ‘‘STATE PERFORMANCE INDICATORS’’,
(2) in paragraph (2)—
(A) in the heading by striking ‘‘AND THEREAFTER’’ and
inserting ‘‘THROUGH 2017’’,
(B) in subparagraph (A) by striking ‘‘and each fiscal
year thereafter’’ and inserting ‘‘through fiscal year 2017’’,
and
(C) in subparagraph (B) by striking ‘‘and each fiscal
year thereafter’’ and inserting ‘‘through fiscal year 2017’’,
and
(3) by adding at the end the following:
‘‘(6) FISCAL YEAR 2018 AND FISCAL YEARS THEREAFTER.—
‘‘(A) With respect to fiscal year 2018 and each fiscal
year thereafter, the Secretary shall establish, by regulation,
performance criteria relating to—
‘‘(i) actions taken to correct errors, reduce rates
of error, and improve eligibility determinations; and
‘‘(ii) other indicators of effective administration
determined by the Secretary.
‘‘(B) The Secretary shall not award performance bonus
payments to State agencies in fiscal year 2019 for fiscal
year 2018 performance.’’.
(e) COST SHARING FOR COMPUTERIZATION.—Section 16(g)(1)(A)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)(A)),
as amended by section 4012, is amended—
(1) in clause (v)(III) by striking ‘‘and’’, and
(2) by adding at the end the following:
‘‘(vii) would be accessible by the Secretary for
inspection and audit under section 11(a)(3)(B); and’’.
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SEC. 4014. EVALUATION OF CHILD SUPPORT ENFORCEMENT COOPERATION REQUIREMENTS.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.
2026) is amended by adding at the end the following:
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‘‘(m) EVALUATION OF CHILD SUPPORT ENFORCEMENT COOPERAREQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Health and Human Services, shall conduct an
independent evaluation of a representative sample of States—
‘‘(A) to assess the implementation and impact of the
eligibility requirements described in subsections (l) through
(n) of section 6 in States that have formerly implemented
or continue to implement those requirements, and the feasibility of implementing those requirements in other States;
‘‘(B) to assess the factors that contributed to the decision of States that formerly implemented the eligibility
requirements described in each of subsections (l) through
(n) of section 6 to cease such implementation;
‘‘(C) to review alternatives to the eligibility requirements described in each of subsections (l) through (n) of
section 6 that are used by other States to assist participants
in the supplemental nutrition assistance program to make
or receive child support payments and the effectiveness
of those alternatives; and
‘‘(D) to evaluate the costs and benefits to households
and to State agencies, of requiring State agencies to implement each of the eligibility requirements described in subsections (l) through (n) of section 6.
‘‘(2) EVALUATION.—The evaluation under paragraph (1)
shall include, to the maximum extent practicable, an assessment of—
‘‘(A) the manner in which applicable State agencies
implement and enforce the eligibility requirements
described in subparagraph (A) of such paragraph,
including—
‘‘(i) the procedures used by each State to determine
cooperation, to sanction participants for failure to
cooperate, and to determine good cause for noncooperation under each of subsections (l) through (n) of section
6; and
‘‘(ii) the manner in which each State aligns the
procedures for implementing those eligibility requirements with procedures for implementing other Federal
programs that require cooperation with child support
enforcement, including the program of block grants
to States for temporary assistance for needy families
established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the Medicaid program
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), and programs carried out under the
Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.);
‘‘(B) the Federal, State, and local costs associated with
implementing those eligibility requirements, including costs
incurred under this Act and by child support enforcement
agencies for personnel, technology upgrades, and other
costs;
‘‘(C) the effect of those eligibility requirements on the
establishment of new child support orders, the establishment of paternity, changes in child support payments to
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132 STAT. 4645
custodial households, and changes in arrears owed on child
support orders;
‘‘(D) with respect to the eligibility requirements under
each of subsections (l) through (n) of section 6—
‘‘(i) the number of individuals subject to those
requirements;
‘‘(ii) the number of individuals in each State who
meet those requirements; and
‘‘(iii) the number of individuals in each State who
fail to meet those requirements;
‘‘(E) the number of individuals in each State for whom
good cause for noncooperation has been found under section
6(l)(2);
‘‘(F) the impact of those eligibility requirements on
the supplemental nutrition assistance program eligibility,
benefit levels, food security, income, and economic stability
of—
‘‘(i) individuals subject to those requirements;
‘‘(ii) the household members of those individuals,
including children; and
‘‘(iii) households with nontraditional family structures, including a household in which a grandparent
is the primary caretaker of a grandchild of the grandparent.
‘‘(3) STATE AGENCY COOPERATION.—Each State agency
selected under paragraph (1) shall provide information to the
Secretary necessary to conduct the evaluation under such paragraph.
‘‘(4) REPORT.—Not later than 3 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report
describing the findings from the evaluation conducted under
paragraph (1).’’.
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SEC. 4015. LONGITUDINAL DATA FOR RESEARCH.
(a) LONGITUDINAL DATA.—Section 17 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2026), as amended by section 4014, is amended
by adding at the end the following:
‘‘(n) LONGITUDINAL DATA FOR RESEARCH.—
‘‘(1) IN GENERAL.—Subject to paragraphs (3) through (5),
a State agency may, on approval by the Secretary, establish
a longitudinal database that contains information about households and members of households that receive benefits under
the supplemental nutrition assistance program in the State.
‘‘(2) PURPOSE.—Each longitudinal database established
under paragraph (1) shall be used solely to conduct research
on participation in and the operation of the supplemental nutrition assistance program, including duration of participation
in the program.
‘‘(3) REQUIREMENTS FOR DATABASES.—Prior to the approval
of State agencies to establish longitudinal databases under
paragraph (1), the Secretary shall—
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‘‘(A) identify features that shall be standard across
States such as database format to facilitate use of longitudinal databases established under paragraph (1) for
research purposes;
‘‘(B) identify features of longitudinal databases established under paragraph (1) that may vary across States;
‘‘(C) identify a procedure for States operating longitudinal databases under paragraph (1) to use a unique identifier to provide relevant information on household members
who receive benefits under the supplemental nutrition
assistance program for the purpose of comparing participation data in multiple participating States over time while
protecting participant privacy;
‘‘(D) establish the manner in which data security and
privacy protections, as required by Federal law and consistent with other appropriate practices, shall be implemented and maintained;
‘‘(E) provide direction to State agencies on the responsibilities of and funding arrangements for State agencies
and any State contractors (including entities providing
technical assistance) relating to the establishment and
operation of a longitudinal database;
‘‘(F) provide a description of the documentation that
States shall submit to the Secretary prior to allowing
researchers access to a longitudinal database;
‘‘(G) consult with other Federal research agencies,
including the Bureau of the Census;
‘‘(H) consult with States that have already established
databases used for purposes similar to the purposes outlined in this subsection; and
‘‘(I) identify any other requirements determined appropriate by the Secretary.
‘‘(4) INCLUDED DATA.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), each
longitudinal database established under paragraph (1)—
‘‘(i) shall include monthly information about households and members of households that receive benefits
under the supplemental nutrition assistance program
in the participating State taken from existing information collected by the State agency including, if available,—
‘‘(I) demographic characteristics;
‘‘(II) income and financial resources (as
described in section 5(g));
‘‘(III) employment status;
‘‘(IV) household circumstances, such as deductible expenses; and
‘‘(V) the amount of the monthly allotment
received under the supplemental nutrition assistance program; and
‘‘(ii) may include information from other State data
sources such as—
‘‘(I) earnings and employment data from the
State department of labor;
‘‘(II) health insurance program data; or
‘‘(III) data from participation in other programs administered by the State.
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‘‘(B) DATA PROTECTION.—Any State that establishes
a longitudinal database under paragraph (1) shall, in
accordance with all applicable Federal and State privacy
standards and requirements—
‘‘(i) protect the privacy of information about each
member of each household that receives benefits under
the supplemental nutrition assistance program in such
State by ensuring that no personally identifiable
information (including social security number, home
address, or contact information) is included in the
longitudinal database; and
‘‘(ii) make the data under this paragraph available
to researchers and the Secretary.
‘‘(5) APPROVAL.—The Secretary shall approve the establishment of longitudinal databases under paragraph (1) in States
that—
‘‘(A) meet the requirements for databases under paragraph (3) and (4)(B);
‘‘(B) reflect a range of participant numbers, demographics, operational structures, and geographic regions;
and
‘‘(C) have the capacity to provide on a periodic and
ongoing basis household and participant data derived from
the eligibility system and other data sources of the State.
‘‘(6) GRANTS.—
‘‘(A) IN GENERAL.—In carrying out this subsection, the
Secretary may provide grants to States that have been
approved by the Secretary in accordance with paragraph
(5) out of funds made available under paragraph (9).
‘‘(B) METHOD OF AWARDING GRANTS.—Grants awarded
under this paragraph shall be made in such amounts and
under such terms and conditions as the Secretary determines necessary to carry out the purposes of this subsection.
‘‘(7) REPORT.—
‘‘(A) IN GENERAL.—Not later than 4 years after the
effective date of this subsection, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the feasibility of
expanding implementation of longitudinal databases to
every State.
‘‘(B) CONTENTS.—The report required under subparagraph (A) shall describe—
‘‘(i) the cost of expanding implementation of
longitudinal databases with consistent data to every
State;
‘‘(ii) the challenges and benefits of using State
longitudinal databases with consistent data; and
‘‘(iii) alternatives to expanding implementation of
longitudinal databases with consistent data to every
State that may achieve similar research outcomes and
the advantages and disadvantages of those alternatives.
‘‘(8) EFFECT.—Nothing in this subsection shall be construed
to prevent or limit the ability of State agencies to establish
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or continue operating databases used for purposes similar to
the purposes outlined in this subsection.
‘‘(9) FUNDING.—Of the funds made available under section
18, the Secretary shall use to carry out this subsection—
‘‘(A) $20,000,000 for fiscal year 2019 to remain available through fiscal year 2021; and
‘‘(B) $5,000,000 for fiscal year 2022 and each fiscal
year thereafter.’’.
(b) CONFORMING AMENDMENT.—The 1st sentence of section
16(a) of the Food and Nutrition Act of 2008 is amended—
(1) by striking ‘‘and (8)’’ and inserting ‘‘(8)’’; and
(2) by inserting ‘‘, and (9) establishing and operating a
longitudinal database in accordance with section 17(n)’’ before
‘‘: Provided’’.
SEC. 4016. AUTHORIZATION OF APPROPRIATIONS.
The 1st sentence of section 18(a)(1) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking ‘‘2018’’
and inserting ‘‘2023’’.
SEC. 4017. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.
2034(b)(2)) is amended—
(1) in subparagraph (B) by striking ‘‘and’’ at the end,
(2) in subparagraph (C) by striking ‘‘fiscal year 2015 and
each fiscal year thereafter.’’ and inserting ‘‘each of fiscal years
2015 through 2018; and’’, and
(3) by adding at the end the following:
‘‘(D) $5,000,000 for fiscal year 2019 and each fiscal
year thereafter.’’.
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SEC. 4018. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) STATE PLAN.—Section 202A(b) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7503(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ after the semicolon;
(2) in paragraph (4), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(5) at the option of the State agency, describe a plan
of operation for 1 or more projects in partnership with 1 or
more emergency feeding organizations located in the State to
harvest, process, package, or transport donated commodities
received under section 203D(d); and
‘‘(6) describe a plan, which may include the use of a State
advisory board established under subsection (c), that provides
emergency feeding organizations or eligible recipient agencies
within the State an opportunity to provide input on the commodity preferences and needs of the emergency feeding
organization or eligible recipient agency.’’.
(b) STATE AND LOCAL SUPPLEMENTATION OF COMMODITIES.—
Section 203D of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7507) is amended by adding at the end the following:
‘‘(d) PROJECTS TO HARVEST, PROCESS, PACKAGE, OR TRANSPORT
DONATED COMMODITIES.—
‘‘(1) DEFINITION OF PROJECT.—In this subsection, the term
‘project’ means the harvesting, processing, packaging, or
transportation of unharvested, unprocessed, or unpackaged
commodities donated by agricultural producers, processors, or
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distributors for use by emergency feeding organizations under
subsection (a).
‘‘(2) FEDERAL FUNDING FOR PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C) and paragraph (3), using funds made available under
paragraph (5), the Secretary may provide funding to States
to pay for the costs of carrying out a project.
‘‘(B) FEDERAL SHARE.—The Federal share of the cost
of a project under subparagraph (A) shall not exceed 50
percent of the total cost of the project.
‘‘(C) ALLOCATION.—
‘‘(i) IN GENERAL.—Each fiscal year, the Secretary
shall allocate the funds made available under subparagraph (A), based on a formula determined by the Secretary, to States that have submitted a State plan
describing a plan of operation for a project under section 202A(b)(5).
‘‘(ii) REALLOCATION.—If the Secretary determines
that a State will not expend all of the funds allocated
to the State for a fiscal year under clause (i), the
Secretary shall reallocate the unexpended funds to
other States that have submitted under section
202A(b)(5) a State plan describing a plan of operation
for a project during that fiscal year or the subsequent
fiscal year, as the Secretary determines appropriate.
‘‘(iii) REPORTS.—Each State to which funds are
allocated for a fiscal year under this subparagraph
shall, on a regular basis, submit to the Secretary financial reports describing the use of the funds.
‘‘(3) PROJECT PURPOSES.—A State may only use Federal
funds received under paragraph (2) for a project the purposes
of which are—
‘‘(A) to reduce food waste at the agricultural production,
processing, or distribution level through the donation of
food;
‘‘(B) to provide food to individuals in need; and
‘‘(C) to build relationships between agricultural producers, processors, and distributors and emergency feeding
organizations through the donation of food.
‘‘(4) COOPERATIVE AGREEMENTS.—The Secretary may
encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under
section 203B(d) to maximize the use of commodities donated
under the project.
‘‘(5) FUNDING.—Out of funds not otherwise appropriated,
the Secretary of the Treasury shall transfer to the Secretary
to carry out this subsection $4,000,000 for each of fiscal years
2019 through 2023, to remain available until the end of the
subsequent fiscal year.’’.
(c) FOOD WASTE.—Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507), as amended by subsection (b),
is amended by adding at the end the following:
‘‘(e) FOOD WASTE.—The Secretary shall issue guidance outlining
best practices to minimize the food waste of the commodities
donated under subsection (a).’’.
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(d) EMERGENCY FOOD PROGRAM INFRASTRUCTURE GRANTS.—
Section 209(d) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7511a(d)) is amended by striking ‘‘2018’’ and inserting
‘‘2023’’.
(e) AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD
ASSISTANCE PROGRAM.—Section 27(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2036(a)) is amended—
(1) in paragraph (1), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(2) in paragraph (2)—
(A) in subparagraph (C), by striking ‘‘2018’’ and
inserting ‘‘2023’’;
(B) in subparagraph (D)—
(i) in the matter preceding clause (i), by striking
‘‘2018’’ and inserting ‘‘2023’’;
(ii) in clause (iii), by striking ‘‘and’’ after the semicolon;
(iii) in clause (iv), by striking ‘‘and’’ after the semicolon;
(iv) by adding at the end the following:
‘‘(v) for fiscal year 2019, $23,000,000;
‘‘(vi) for fiscal year 2020, $35,000,000;
‘‘(vii) for fiscal year 2021, $35,000,000;
‘‘(viii) for fiscal year 2022, $35,000,000; and
‘‘(ix) for fiscal year 2023, $35,000,000; and’’; and
(C) in subparagraph (E)—
(i) by striking ‘‘2019’’ and inserting ‘‘2024’’;
(ii) by striking ‘‘(D)(iv)’’ and inserting ‘‘(D)(ix)’’; and
(iii) by striking ‘‘June 30, 2017’’ and inserting
‘‘June 30, 2023’’.
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SEC. 4019. NUTRITION EDUCATION.
Section 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(c)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (B)—
(i) in the matter preceding clause (i), by striking
‘‘Except as provided in subparagraph (C), a’’ and
inserting ‘‘A’’,
(ii) in clause (ii) by striking ‘‘and’’ after the semicolon,
(iii) by redesignating clause (iii) as clause (iv),
and
(iv) by inserting after clause (ii) the following:
‘‘(iii) describe how the State agency shall use an
electronic reporting system to—
‘‘(I) measure and evaluate the projects; and
‘‘(II) account for the allowable State agency
administrative costs including for—
‘‘(aa) salaries and benefits of State agency
personnel;
‘‘(bb) office supplies and equipment;
‘‘(cc) travel costs;
‘‘(dd) development and production of nutrition education materials;
‘‘(ee) memberships, subscriptions, and
professional activities;
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‘‘(ff) lease or rental costs;
‘‘(gg) maintenance and repair expenses;
‘‘(hh) indirect costs; and
‘‘(ii) cost of using publicly-owned building
space; and’’, and
(B) by striking subparagraph (C),
(2) in paragraph (3)(B) in the matter preceding clause
(i), by inserting ‘‘, the Director of the National Institute of
Food and Agriculture,’’ before ‘‘and outside stakeholders’’,
(3) in paragraph (5) by inserting ‘‘the expanded food and
nutrition education program or’’ before ‘‘other health promotion’’, and
(4) by adding at the end the following:
‘‘(6) INFORMATION CLEARINGHOUSE.—The Secretary shall
establish an online clearinghouse that makes available to State
agencies, local agencies, institutions of higher education, and
community organizations best practices for planning, implementing, and evaluating nutrition education and obesity
prevention services to ensure that projects carried out with
funds received under this section are appropriate for the target
population.
‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide
technical assistance to a State agency in developing and implementing a nutrition education State plan, including—
‘‘(A) by identifying common challenges faced by entities
described in paragraph (6) that participate in projects carried out with funds received under this section;
‘‘(B) by coordinating efforts to address those common
challenges;
‘‘(C) by collecting and disseminating information on
evidence-based practices relating to nutrition education and
obesity prevention;
‘‘(D) by facilitating communication between and among
grantees and subgrantees of funds received under this section;
‘‘(E) by assisting State agencies in creating or
maintaining systems to compile program data; and
‘‘(F) by performing or assisting with other activities,
as determined by the Secretary.
‘‘(8) ANNUAL STATE REPORT.—Each State agency that
delivers nutrition education and obesity prevention services
under this subsection shall submit to the Secretary an annual
report, which shall be made publicly available by the Secretary,
that includes—
‘‘(A) the use of funds on the State agency’s program,
including for each category of allowable State agency
administrative costs identified in paragraph (2)(B)(iii)(II);
‘‘(B) a description of each project carried out by that
agency under this subsection, including, with respect to
the project, the target population, interventions, educational materials used, key performance indicators used,
and evaluations made;
‘‘(C) a comprehensive analysis of the impacts and outcomes—
‘‘(i) of the project, including with respect to the
elements described in subparagraph (A); and
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‘‘(ii) to the extent practicable, of completed
multiyear projects; and
‘‘(D) the status of any ongoing multiyear project.
‘‘(9) ANNUAL FEDERAL REPORT.—The Administrator of the
Food and Nutrition Service, in consultation with the Director
of the National Institute of Food and Agriculture, shall annually
submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that—
‘‘(A) evaluates the level of coordination between—
‘‘(i) the nutrition education and obesity prevention
grant program under this section;
‘‘(ii) the expanded food and nutrition education
program under section 1425 of the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3175); and
‘‘(iii) any other nutrition education program
administered by the Department of Agriculture; and
‘‘(B) includes the use of funds on such programs
including State agency administrative costs reported by
States under paragraph (8)(A).’’.
SEC. 4020. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.
Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036b(c)(1)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 4021. PUBLIC-PRIVATE PARTNERSHIPS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
is amended by adding at the end the following:
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7 USC 2036d.
‘‘SEC. 30. PILOT PROJECTS TO ENCOURAGE THE USE OF PUBLIC-PRIVATE PARTNERSHIPS COMMITTED TO ADDRESSING FOOD
INSECURITY.
‘‘(a) IN GENERAL.—The Secretary may, on application of eligible
entities, approve not more than 10 pilot projects to support publicprivate partnerships that address food insecurity and poverty.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘eligible entity’ means—
‘‘(A) a nonprofit organization;
‘‘(B) a community-based organization;
‘‘(C) an institution of higher education; or
‘‘(D) a private entity, as determined by the Secretary;
and
‘‘(2) the term ‘public agency’ means a department, agency,
other unit, or instrumentality of Federal, State, or local government.
‘‘(c) PROJECT REQUIREMENTS.—Projects approved under this section shall—
‘‘(1) be limited to 2 years in length; and
‘‘(2) include a collaboration between one or more public
agencies and one or more eligible entities that—
‘‘(A) improves the effectiveness and impact of the
supplemental nutrition assistance program;
‘‘(B) develops food security solutions that are specific
to the needs of a community or region; and
‘‘(C) strengthens the capacity of communities to address
food insecurity and poverty.
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‘‘(d) EVALUATION.—The Secretary shall provide for an independent evaluation of pilot projects approved under this section
that includes—
‘‘(1) a summary of the activities conducted under the pilot
projects;
‘‘(2) an assessment of the effectiveness of the pilot projects;
and
‘‘(3) best practices regarding the use of public-private partnerships to improve the effectiveness of public benefit programs
to address food insecurity and poverty.
‘‘(e) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000
to remain available until expended.
‘‘(2) APPROPRIATION IN ADVANCE.—Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.’’.
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SEC. 4022. TECHNICAL CORRECTIONS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
is amended—
(1) in section 3—
(A) in subsections (d) and (i) by striking ‘‘7(i)’’ and
inserting ‘‘7(h)’’, and
(B) in subsection (o)(1)(A) by striking ‘‘(r)(1)’’ and
inserting ‘‘(q)(1)’’,
(2) in section 5(a) by striking ‘‘and section’’ each place
it appears and all that follows through ‘‘households’’ the respective next place it appears, and inserting ‘‘and section 3(m)(4),
households’’,
(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by
striking ‘‘3(n)(5)’’ and inserting ‘‘3(m)(5)’’,
(4) in the 1st sentence of section 10—
(A) by striking ‘‘or the Federal Savings and Loan Insurance Corporation’’ each place it appears, and
(B) by striking ‘‘3(p)(4)’’ and inserting ‘‘3(o)(4)’’,
(5) in section 11—
(A) in subsection (a)(2) by striking ‘‘3(t)(1)’’ and
inserting ‘‘3(s)(1)’’, and
(B) in subsection (d)—
(i) by striking ‘‘3(t)(1)’’ each place it appears and
inserting ‘‘3(s)(1)’’, and
(ii) by striking ‘‘3(t)(2)’’ each place it appears and
inserting ‘‘3(s)(2)’’, and
(C) in subsection (e)—
(i) in paragraph (17) by striking ‘‘3(t)(1)’’ inserting
‘‘3(s)(1)’’, and
(ii) in paragraph (23) by striking ‘‘Simplified
Supplemental Nutrition Assistance Program’’ and
inserting ‘‘simplified supplemental nutrition assistance
program’’,
(6) in section 15(e) by striking ‘‘exchange’’ and all that
follows through ‘‘anything’’, and inserting ‘‘exchange for benefits, or anything’’,
(7) in section 17(b)(1)(B)(iv)(III)(aa) by striking ‘‘3(n)’’ and
inserting ‘‘3(m)’’,
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(8) in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon
at the end, and
(9) in section 26(b) by striking ‘‘out’’ and all that follows
through ‘‘(referred’’, and inserting ‘‘out a simplified supplemental nutrition assistance program (referred’’.
Subtitle B—Commodity Distribution
Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
The 1st sentence of section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note; Public Law 93–86) is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘2018’’ and inserting
‘‘2023’’, and
(B) in paragraph (2)(B), in the matter preceding clause
(i), by striking ‘‘2018’’ and inserting ‘‘2023’’,
(2) in subsection (d)(2), in the 1st sentence, by striking
‘‘2018’’ and inserting ‘‘2023’’, and
(3) in subsection (g)—
(A) by striking ‘‘Except’’ and inserting the following:
‘‘(1) IN GENERAL.—Except’’, and
(B) by adding at the end the following:
‘‘(2) CERTIFICATION.—
‘‘(A) DEFINITION OF CERTIFICATION PERIOD.—In this
paragraph, the term ‘certification period’ means the period
during which a participant in the commodity supplemental
food program in a State may continue to receive benefits
under the commodity supplemental food program without
a formal review of the eligibility of the participant.
‘‘(B) MINIMUM CERTIFICATION PERIOD.—Subject to subparagraphs (C) and (D), a State shall establish for the
commodity supplemental food program of the State a certification period of—
‘‘(i) not less than 1 year; but
‘‘(ii) not more than 3 years.
‘‘(C) TEMPORARY CERTIFICATION.—An eligible applicant
for the commodity supplemental food program in a State
may be provided with a temporary monthly certification
to fill any caseload slot resulting from nonparticipation
by certified participants.
‘‘(D) APPROVALS.—A certification period of more than
1 year established by a State under subparagraph (B)
shall be subject to the approval of the Secretary, who
shall approve such a certification period on the condition
that, with respect to each participant receiving benefits
under the commodity supplemental food program of the
State, the local agency in the State administering the commodity supplemental food program, on an annual basis
during the certification period applicable to the participant—
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‘‘(i) verifies the address and continued interest of
the participant; and
‘‘(ii) has sufficient reason to determine that the
participant still meets the income eligibility standards
under paragraph (1), which may include a determination that the participant has a fixed income.’’.
SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL
NUTRITION PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981
(7 U.S.C. 1431e(a)(2)(A)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 4104. FOOD DONATION STANDARDS.
Section 203D of the Emergency Food Assistance Act of 1983
(7 U.S.C. 7507), as amended by section 4018(c), is amended by
adding at the end the following:
‘‘(f) FOOD DONATION STANDARDS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) APPARENTLY WHOLESOME FOOD.—The term ‘apparently wholesome food’ has the meaning given the term
in section 22(b) of the Child Nutrition Act of 1966 (42
U.S.C. 1791(b)).
‘‘(B) INSTITUTION OF HIGHER EDUCATION.—The term
‘institution of higher education’ has the meaning given
the term in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002).
‘‘(C) QUALIFIED DIRECT DONOR.—The term ‘qualified
direct donor’ means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority,
or institution of higher education.
‘‘(2) GUIDANCE.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of the Agriculture Improvement Act
of 2018, the Secretary shall issue guidance to promote
awareness of donations of apparently wholesome food protected under section 22(c) of the Child Nutrition Act of
1966 (42 U.S.C. 1791(c)) by qualified direct donors in
compliance with applicable State and local health, food
safety, and food handling laws (including regulations).
‘‘(B) ISSUANCE.—The Secretary shall encourage State
agencies and emergency feeding organizations to share the
guidance issued under subparagraph (A) with qualified
direct donors.’’.
Subtitle C—Miscellaneous
SEC. 4201. SENIORS FARMERS’ MARKET NUTRITION PROGRAM.
Section 4402(a) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 3007(a)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
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SEC. 4202. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR DISTRIBUTION TO SCHOOLS AND SERVICE INSTITUTIONS.
Section 10603(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 612c-4(b)) is amended by striking ‘‘2018’’
and inserting ‘‘2023’’.
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SEC. 4203. SERVICE OF TRADITIONAL FOODS IN PUBLIC FACILITIES.
Section 4033(d)(1) of the Agricultural Act of 2014 (128 Stat.
818) is amended—
(1) by striking ‘‘and’’ the 1st place it appears,
(2) by inserting ‘‘, a State, a county or county equivalent,
a local educational agency, and an entity or person authorized
to facilitate the donation, storage, preparation, or serving of
traditional food by the operator of a food service program’’
after ‘‘organization’’, and
(3) by inserting ‘‘storage, preparation, or’’ after ‘‘donation
to or’’.
SEC. 4204. HEALTHY FOOD FINANCING INITIATIVE.
Section 243 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6953) is amended—
(1) in subsection (a), by inserting ‘‘and enterprises’’ after
‘‘retailers’’;
(2) in subsection (b)(3)(B)(iii), by inserting ‘‘and enterprises’’
after ‘‘retailers’’; and
(3) in subsection (c)(2)(B)(ii), by inserting ‘‘as applicable,’’
before ‘‘to accept’’.
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SEC. 4205. THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.
(a) AMENDMENT TO PROGRAM.—Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—
(1) by striking the heading and inserting ‘‘THE GUS
SCHUMACHER NUTRITION INCENTIVE PROGRAM’’,
(2) in subsection (a)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
governmental agency or nonprofit organization.’’,
(B) in paragraph (3) by striking ‘‘means the’’ and all
that follows through the period at the end, and inserting
the following:
‘‘means—
‘‘(A) the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.); and
‘‘(B) the programs for nutrition assistance under section 19 of such Act (7 U.S.C. 2028).’’, and
(C) by adding at the end the following:
‘‘(4) HEALTHCARE PARTNER.—The term ‘healthcare partner’
means a healthcare provider, including—
‘‘(A) a hospital;
‘‘(B) a Federally-qualified health center (as defined in
section 1905(l) of the Social Security Act (42 U.S.C.
1396d(l)));
‘‘(C) a hospital or clinic operated by the Secretary
of Veterans Affairs; or
‘‘(D) a healthcare provider group.
‘‘(5) MEMBER.—The term ‘member’ means, as determined
by the applicable eligible entity or healthcare partner carrying
out a project under subsection (c) in accordance with procedures
established by the Secretary—
‘‘(A) an individual eligible for—
‘‘(i) benefits under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.); or
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‘‘(ii) medical assistance under a State plan or a
waiver of such a plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) and enrolled
under such plan or waiver; and
‘‘(B) a member of a low-income household that suffers
from, or is at risk of developing, a diet-related health
condition.’’,
(3) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (B) by striking ‘‘The’’ and
inserting ‘‘Except as provided in subparagraph (D)(iii),
the’’,
(ii) in subparagraph (C) by adding at the end the
following:
‘‘(iii) TRIBAL AGENCIES.—The Secretary may allow
a Tribal agency to use funds provided to the Indian
Tribe of the Tribal agency through a Federal agency
(including the Indian Health Service) or other Federal
benefit to satisfy all or part of the non-Federal share
described in clause (i) if such use is otherwise consistent with the purpose of such funds.’’,
(iii) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), and
(iv) by inserting after subparagraph (A) the following:
‘‘(B) PARTNERS AND COLLABORATORS.—An eligible
entity that receives a grant under this subsection may
partner with, or make subgrants to, public, private, nonprofit, or for-profit entities, including—
‘‘(i) an emergency feeding organization;
‘‘(ii) an agricultural cooperative;
‘‘(iii) a producer network or association;
‘‘(iv) a community health organization;
‘‘(v) a public benefit corporation;
‘‘(vi) an economic development corporation;
‘‘(vii) a farmers’ market;
‘‘(viii) a community-supported agriculture program;
‘‘(ix) a buying club;
‘‘(x) a retail food store participating in the supplemental nutrition assistance program;
‘‘(xi) a State, local, or tribal agency;
‘‘(xii) another eligible entity that receives a grant
under this subsection; and
‘‘(xiii) any other entity the Secretary designates.’’,
(B) in paragraph (2)—
(i) by amending subparagraph (A) to read as follows:
‘‘(A) IN GENERAL.—To receive a grant under this subsection, an eligible entity shall—
‘‘(i) meet the application criteria set forth by the
Secretary; and
‘‘(ii) propose a project that, at a minimum—
‘‘(I) has the support of the State agency administering the supplemental nutrition assistance program;
‘‘(II) would increase the purchase of fruits and
vegetables by low-income households participating
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in the supplemental nutrition assistance program
by providing an incentive for the purchase of fruits
and vegetables at the point of purchase to a household purchasing food with supplemental nutrition
assistance program benefits;
‘‘(III) except in the case of projects receiving
$100,000 or less over 1 year, would measure the
purchase of fruits and vegetables by low-income
households participating in the supplemental
nutrition assistance program;
‘‘(IV) ensures that the same terms and conditions apply to purchases made by individuals with
benefits issued under the Food and Nutrition Act
of 2008 and incentives provided for in this subsection as apply to purchases made by individuals
who are not members of households receiving benefits, such as provided for in section 278.2(b) of
title 7, Code of Federal Regulations (or a successor
regulation);
‘‘(V) has adequate plans to collect data for
reporting and agrees to provide that information
for the report described in subsection (e)(2)(B)(iii);
and
‘‘(VI) would share information with the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e).’’,
(ii) in subparagraph (B)—
(I) by striking clause (v),
(II) by redesignating clause (vi) as clause (x),
and
(III) by inserting after clause (iv) the following:
‘‘(v) include a project design—
‘‘(I) that provides incentives when fruits or
vegetables are purchased using supplemental
nutrition assistance program benefits; and
‘‘(II) in which the incentives earned may be
used only to purchase fruits or vegetables;
‘‘(vi) have demonstrated the ability to provide services to underserved communities;
‘‘(vii) include coordination with multiple stakeholders, such as farm organizations, nutrition education programs, cooperative extension services, public
health departments, health providers, private and
public health insurance agencies, cooperative grocers,
grocery associations, and community-based and nongovernmental organizations;
‘‘(viii) offer supplemental services in high-need
communities, including online ordering, transportation
between home and store, and delivery services;
‘‘(ix) include food retailers that are open—
‘‘(I) for extended hours; and
‘‘(II) most or all days of the year; or’’, and
(C) by striking paragraphs (3) and (4),
(4) in subsection (c)—
(A) in paragraph (1) by striking ‘‘subsection (b)
$5,000,000 for each of fiscal years 2014 through 2018’’
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132 STAT. 4659
and inserting ‘‘this section $5,000,000 for each of fiscal
years 2014 through 2023’’, and
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘subsection (b)’’ and inserting ‘‘this section’’,
(ii) in subparagraph (B) by striking ‘‘and’’ at the
end,
(iii) in subparagraph (C) by striking the period
at the end and inserting a semicolon, and
(iv) by adding at the end the following:
‘‘(C) $45,000,000 for fiscal year 2019;
‘‘(D) $48,000,000 for fiscal year 2020;
‘‘(E) $48,000,000 for fiscal year 2021;
‘‘(F) $53,000,000 for fiscal year 2022; and
‘‘(G) $56,000,000 for fiscal year 2023 and each fiscal
year thereafter.
‘‘(3) USE OF FUNDS.—With respect to funds made available
under this section for fiscal years 2019 through 2023—
‘‘(A) for each fiscal year the Secretary shall use not
more than 10 percent of such funds available for such
fiscal year for the produce prescription program described
in subsection (c);
‘‘(B) for each fiscal year not more than 8 percent of
such funds available for such fiscal year shall be used
by the National Institute of Food and Agriculture and
the Food and Nutrition Service for administration; and
‘‘(C) the Secretary shall use for the Nutrition Incentive
Program Training, Technical Assistance, Evaluation, and
Information Centers established under subsection (e) not
more than—
‘‘(i) $17,000,000 in the aggregate for fiscal years
2019 and 2020; and
‘‘(ii) $7,000,000 for each of the fiscal years 2021
through 2023.’’,
(5) by redesignating subsection (c) as subsection (f), and
(6) by inserting after subsection (b) the following:
‘‘(c) PRODUCE PRESCRIPTION PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a grant
program under which the Secretary shall award grants to
eligible entities to conduct projects that demonstrate and
evaluate the impact of the projects on—
‘‘(A) the improvement of dietary health through
increased consumption of fruits and vegetables;
‘‘(B) the reduction of individual and household food
insecurity; and
‘‘(C) the reduction in healthcare use and associated
costs.
‘‘(2) HEALTHCARE PARTNERS.—In carrying out a project
using a grant received under paragraph (1), an eligible entity
shall partner with 1 or more healthcare partners.
‘‘(3) GRANT APPLICATIONS.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant
under paragraph (1), an eligible entity—
‘‘(i) shall—
‘‘(I) prescribe fresh fruits and vegetables to
members;
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‘‘(II) submit to the Secretary an application
containing such information as the Secretary may
require, including the information described in
subparagraph (B); and
‘‘(ii) may—
‘‘(I) provide financial or non-financial incentives for members to purchase or procure fresh
fruits and vegetables;
‘‘(II) provide educational resources on nutrition
to members; and
‘‘(III) establish additional accessible locations
for members to procure fresh fruits and vegetables.
‘‘(B) APPLICATION.—An application shall—
‘‘(i) identify the 1 or more healthcare partners
with which the eligible entity is partnering under paragraph (2); and
‘‘(ii) include—
‘‘(I) a description of the methods by which
an eligible entity shall—
‘‘(aa) screen and verify eligibility for members for participation in a produce prescription
project, in accordance with procedures established under subsection (a)(5);
‘‘(bb) implement an effective produce
prescription project, including the role of each
healthcare partner in implementing the
produce prescription project;
‘‘(cc) evaluate members participating in a
produce prescription project with respect to
the matters described in subparagraphs (A)
through (C) of paragraph (1);
‘‘(dd) provide educational opportunities
relating to nutrition to members participating
in a produce prescription project; and
‘‘(ee) inform members of the availability
of the produce prescription project, including
locations at which produce prescriptions may
be redeemed;
‘‘(II) a description of any additional nonprofit
or emergency feeding organizations that shall be
involved in the project and the role of each additional nonprofit or emergency feeding organization
in implementing and evaluating an effective
produce prescription project;
‘‘(III) documentation of a partnership agreement with a relevant State Medicaid agency or
other appropriate entity, as determined by the Secretary, to evaluate the effectiveness of the produce
prescription project in reducing healthcare use and
associated costs;
‘‘(IV) adequate plans to collect data for
reporting and agreement to provide that information for the report described in subsection
(e)(2)(B)(iii); and
‘‘(V) agreement to share information with the
Nutrition Incentive Program Training, Technical
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Assistance, Evaluation, and Information Centers
established under subsection (e).
‘‘(4) COORDINATION.—In carrying out the grant program
established under paragraph (1), the Secretary shall coordinate
with the Secretary of Health and Human Services and the
heads of other appropriate Federal agencies that carry out
activities relating to healthcare partners.
‘‘(5) PARTNERSHIPS.—
‘‘(A) IN GENERAL.—In carrying out the grant program
under paragraph (1), the Secretary may enter into 1 or
more memoranda of understanding with a Federal agency,
a State, or a private entity to ensure the effective
implementation and evaluation of each project.
‘‘(B) MEMORANDUM OF UNDERSTANDING.—A memorandum of understanding entered into under subparagraph
(A) shall include—
‘‘(i) a description of a plan to provide educational
opportunities relating to nutrition to members participating in produce prescription projects;
‘‘(ii) a description of the role of the Federal agency,
State, or private entity, as applicable, in implementing
and evaluating an effective produce prescription
project; and
‘‘(iii) documentation of a partnership agreement
with a relevant State Medicaid agency or other appropriate entity, as determined by the Secretary.
‘‘(d) APPLICABILITY.—
‘‘(1) IN GENERAL.—The value of any benefit provided to
a participant in any activity funded under subsections (b) or
(c) shall be treated as supplemental nutrition benefits under
section 8(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(b)).
‘‘(2) PROHIBITION ON COLLECTION OF SALES TAXES.—Each
State shall ensure that no State or local tax is collected on
a purchase of food with assistance provided under subsections
(b) and (c).
‘‘(3) NO LIMITATION ON BENEFITS.—Grants made available
under subsections (b) and (c) shall not be used to carry out
any project that limits the use of benefits under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other
Federal nutrition law.
‘‘(4) HOUSEHOLD ALLOTMENT.—Assistance provided under
subsections (b) and (c) to households receiving benefits under
the supplemental nutrition assistance program shall not—
‘‘(A) be considered part of the supplemental nutrition
assistance program benefits of the household; or
‘‘(B) be used in the collection or disposition of claims
under section 13 of the Food and Nutrition Act of 2008
(7 U.S.C. 2022).
‘‘(e) NUTRITION INCENTIVE PROGRAM TRAINING, TECHNICAL
ASSISTANCE, EVALUATION, AND INFORMATION CENTERS.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) establish 1 or more Nutrition Incentive Program
Training, Technical Assistance, Evaluation, and Information Centers, in consultation with the Director of the
National Institute of Food and Agriculture; and
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132 STAT. 4662
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(B) to the extent practicable, consult on the design
and scope of such Centers with grocers, farmers, health
professionals, researchers, incentive program managers,
and employees of the Department of Agriculture with direct
experience with implementation of existing incentive programs or projects.
‘‘(2) ESTABLISHMENT.—The Centers shall be capable of providing services related to grants under subsections (b) and
(c), including—
‘‘(A) offering incentive program training and technical
assistance to applicants and grantees to the extent practicable, including—
‘‘(i) collecting and providing information on best
practices that may include communications, signage,
record-keeping, incentive instruments, development
and integration of point of sale systems, and reporting;
‘‘(ii) disseminating information and assisting with
collaboration among grantee projects, applicable State
agencies, and nutrition education programs;
‘‘(iii) facilitating communication between grantees
and the Department of Agriculture and applicable
State agencies; and
‘‘(iv) providing support for the development of best
practices for produce prescription projects and the
sharing of information among eligible entities and
healthcare providers that participate in a produce
prescription project under subsection (c); and
‘‘(v) other services identified by the Secretary; and
‘‘(B) creating a system to collect and compile core data
sets from eligible entities that—
‘‘(i) uses standard metrics with consideration of
outcome measures for existing projects;
‘‘(ii) includes to the extent practicable grocers,
farmers, health professionals, researchers, incentive
program managers, and employees of the Department
of Agriculture with direct experience with implementation of existing incentive programs in the design of
the instrument through which data will be collected
and the mechanism for reporting;
‘‘(iii) compiles project data from grantees, and
beginning in fiscal year 2020 generates an annual
report to Congress on grant outcomes, including—
‘‘(I) the results of the project; and
‘‘(II) the amount of grant funds used for the
project; and
‘‘(iv) creates and maintains a publicly accessible
online site that makes annual reports and incentive
program information available in an anonymized format that protects confidential, personal, or other sensitive data.
‘‘(3) COOPERATIVE AGREEMENT.—
‘‘(A) IN GENERAL.—To carry out paragraph (1), the
Secretary may, on a competitive basis, enter into 1 or
more cooperative agreements with 1 or more organizations
with expertise in developing outcome-based reporting, at
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132 STAT. 4663
least 1 of which has expertise in the food insecurity nutrition incentive program and at least 1 of which has expertise
in produce prescription projects.
‘‘(B) INCLUSION.—The organizations referred to in
subparagraph (A) may include—
‘‘(i) nongovernmental organizations;
‘‘(ii) State cooperative extension services;
‘‘(iii) regional food system centers;
‘‘(iv) Federal, State, or Tribal agencies;
‘‘(v) institutions of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); or
‘‘(vi) other appropriate entities as determined by
the Secretary.’’.
(b) CONFORMING AMENDMENT.—The table of contents of the
Food, Conservation, and Energy Act of 2008 (Public Law 113–
188) is amended by striking the item relating to section 4405
and inserting the following:
‘‘Sec. 4405. The Gus Schumacher nutrition incentive program.’’.
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SEC. 4206. MICRO-GRANTS FOR FOOD SECURITY.
7 USC 7518.
(a) PURPOSE.—The purpose of this section is to increase the
quantity and quality of locally grown food through small-scale gardening, herding, and livestock operations in food insecure communities in areas of the United States that have significant levels
of food insecurity and import a significant quantity of food.
(b) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an
entity that—
(A) is—
(i) an individual;
(ii) an Indian tribe or tribal organization, as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304);
(iii) a nonprofit organization engaged in increasing
food security, as determined by the Secretary,
including—
(I) a religious organization;
(II) a food bank; or
(III) a food pantry;
(iv) a federally funded educational facility,
including—
(I) a Head Start program or an Early Head
Start program carried out under the Head Start
Act (42 U.S.C. 9831 et seq.);
(II) a public elementary school or public secondary school;
(III) a public institution of higher education
(as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001));
(IV) a Tribal College or University (as defined
in section 316(b) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b))); or
(V) a job training program; or
(v) a local or Tribal government that may not
levy local taxes under State or Federal law; and
(B) is located in an eligible State.
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132 STAT. 4664
PUBLIC LAW 115–334—DEC. 20, 2018
(2) ELIGIBLE STATE.—The term ‘‘eligible State’’ means—
(A) the State of Alaska;
(B) the State of Hawaii;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana
Islands;
(E) the Commonwealth of Puerto Rico;
(F) the Federated States of Micronesia;
(G) Guam;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(c) ESTABLISHMENT.—The Secretary shall distribute funds to
the agricultural department or agency of each eligible State for
the competitive distribution of subgrants to eligible entities to
increase the quantity and quality of locally grown food in food
insecure communities, including through small-scale gardening,
herding, and livestock operations.
(d) DISTRIBUTION OF FUNDS.—
(1) IN GENERAL.—Of the amount made available under
subsection (g), the Secretary shall distribute—
(A) 40 percent to the State of Alaska;
(B) 40 percent to the State of Hawaii; and
(C) 2.5 percent to each eligible State described in any
of subparagraphs (C) through (J) of subsection (b)(2).
(2) CARRYOVER OF FUNDS.—Funds distributed under paragraph (1) shall remain available until expended.
(3) ADMINISTRATIVE FUNDS.—An eligible State that receives
funds under paragraph (1) may use not more than 3 percent
of those funds—
(A) to administer the competition for providing subgrants to eligible entities in that eligible State;
(B) to provide oversight of the subgrant recipients in
that eligible State; and
(C) to collect data and submit a report to the Secretary
under subsection (f)(2).
(e) SUBGRANTS TO ELIGIBLE ENTITIES.—
(1) AMOUNT OF SUBGRANTS.—
(A) IN GENERAL.—The amount of a subgrant to an
eligible entity under this section shall be—
(i) in the case of an eligible entity that is an
individual, not greater than $5,000 per year; and
(ii) in the case of an eligible entity described in
any of clauses (ii) through (v) of subsection (b)(1)(A),
not greater than $10,000 per year.
(B) MATCHING REQUIREMENT.—As a condition of
receiving a subgrant under this section, an eligible entity
shall provide funds equal to 10 percent of the amount
received by the eligible entity under the subgrant, to be
derived from non-Federal sources. A State may waive the
matching requirement for an individual who otherwise
meets the requirements to receive a subgrant by the eligible
State.
(C) PROJECT PERIOD.—Funds received by an eligible
entity that is awarded a subgrant under this section shall
remain available for expenditure not later than 3 years
after the date the funds are received.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4665
(2) PRIORITY.—In carrying out the competitive distribution
of subgrants under subsection (c), an eligible State may give
priority to an eligible entity that—
(A) has not previously received a subgrant under this
section; or
(B) is located in a community or region in that eligible
State with the highest degree of food insecurity, as determined by the agricultural department or agency of the
eligible State.
(3) PROJECTS.—An eligible State may provide subgrants
to 2 or more eligible entities to carry out the same project.
(4) USE OF SUBGRANT FUNDS BY ELIGIBLE ENTITIES.—An
eligible entity that receives a subgrant under this section shall
use the funds to engage in activities that will increase the
quantity and quality of locally grown food for food insecure
individuals, families, neighborhoods, and communities,
including by—
(A) purchasing gardening tools or equipment, soil, soil
amendments, seeds, plants, animals, canning equipment,
refrigeration, or other items necessary to grow and store
food;
(B) purchasing or building composting units;
(C) purchasing or building towers designed to grow
leafy green vegetables;
(D) expanding an area under cultivation or engaging
in other activities necessary to be eligible to receive funding
under the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) for
a high tunnel;
(E) engaging in an activity that extends the growing
season;
(F) starting or expanding hydroponic and aeroponic
farming of any scale;
(G) building, buying, erecting, or repairing fencing for
livestock, poultry, or reindeer;
(H) purchasing and equipping a slaughter and processing facility approved by the Secretary;
(I) traveling to participate in agricultural education
provided by—
(i) a State cooperative extension service;
(ii) a land-grant college or university (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103));
(iii) a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b)));
(iv) an Alaska Native-serving institution or a
Native Hawaiian-serving institution (as such terms are
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b))); or
(v) a Federal or State agency;
(J) paying for shipping of purchased items relating
to growing or raising food for local consumption or purchase;
(K) creating or expanding avenues for—
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(i) the sale of food commodities, specialty crops,
and meats that are grown by the eligible entity for
sale in the local community; or
(ii) increasing the availability of fresh, locally
grown, and nutritious food; and
(L) engaging in other activities relating to increasing
food security (including subsistence), as determined by the
Secretary.
(5) ELIGIBILITY FOR OTHER FINANCIAL ASSISTANCE.—An
eligible entity shall not be ineligible to receive financial assistance under another program administered by the Secretary
as a result of receiving a subgrant under this section.
(f) REPORTING REQUIREMENT.—
(1) SUBGRANT RECIPIENTS.—As a condition of receiving a
subgrant under this section, an eligible entity shall agree to
submit to the eligible State in which the eligible entity is
located a report—
(A) not later than 60 days after the end of the project
funded by the subgrant; and
(B) that describes the use of the subgrants by eligible
entities, the quantity of food grown through small-scale
gardening, herding, and livestock operations, and the
number of food insecure individuals fed as a result of
the subgrant.
(2) REPORT TO THE SECRETARY.—Not later than 120 days
after the date on which an eligible State receives a report
from each eligible entity in that State under paragraph (1),
the eligible State shall submit to the Secretary a report that
describes, in the aggregate, the information and data contained
in the reports received from those eligible entities.
(g) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
section $10,000,000 for fiscal year 2019 and each fiscal year
thereafter, to remain available until expended.
(2) APPROPRIATIONS IN ADVANCE.—Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.
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SEC. 4207. BUY AMERICAN REQUIREMENTS.
(a) ENFORCEMENT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Agriculture shall—
(1) enforce full compliance with the requirements of section
12(n) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(n)) for purchases of agricultural commodities,
including fish, meats, vegetables, and fruits, and the products
thereof, and
(2) ensure that States and school food authorities fully
understand their responsibilities under such Act.
(b) REQUIREMENT.—The products of the agricultural commodities described in subsection (a)(1) shall be processed in the United
States and substantially contain—
(1) meats, vegetables, fruits, and other agricultural
commodities produced in—
(A) a State,
(B) the District of Columbia,
(C) the Commonwealth of Puerto Rico, or
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132 STAT. 4667
(D) any territory or possession of the United States,
or
(2) fish harvested—
(A) within the Exclusive Economic Zone of the United
States, as described in Presidential Proclamation 5030 (48
Fed. Reg. 10605; March 10, 1983), or
(B) by a United States flagged vessel.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the actions the Secretary has taken, and plans to
take, to comply with this section.
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SEC. 4208. HEALTHY FLUID MILK INCENTIVES PROJECTS.
(a) DEFINITION OF FLUID MILK.—In this section the term ‘‘fluid
milk’’ means all varieties of pasteurized cow’s milk that—
(1) is without flavoring or sweeteners,
(2) is consistent with the most recent dietary recommendations,
(3) is packaged in liquid form, and
(4) contains vitamins A and D at levels consistent with
the Food and Drug Administration, State, and local standards
for fluid milk.
(b) PROJECTS.—The Secretary of Agriculture shall carry out,
under such terms and conditions as the Secretary considers to
be appropriate, healthy fluid milk incentive projects to develop
and test methods to increase the purchase and consumption of
fluid milk by members of households that receive supplemental
nutrition assistance program benefits by providing an incentive
for the purchase of fluid milk at the point of purchase to members
of households purchasing food with supplemental nutrition assistance program benefits.
(c) GRANTS OR COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—To carry out this section, the Secretary,
on a competitive basis, shall enter into cooperative agreements
with, or provide grants to, governmental entities or nonprofit
organizations for projects that meet the purpose and selection
criteria specified in this subsection.
(2) APPLICATION.—To be eligible to enter into a cooperative
agreement or receive a grant under this subsection, a government entity or nonprofit organization shall submit to the Secretary an application containing such information as the Secretary may require.
(3) SELECTION CRITERIA.—Projects proposed in applications
shall be evaluated against publicly disseminated criteria that
shall incorporate a scientifically based strategy that is designed
to improve diet quality and nutritional outcomes through the
increased purchase of fluid milk by members of households
that participate in the supplemental nutrition assistance program.
(4) USE OF FUNDS.—Funds made available to carry out
this section shall not be used for any project that limits the
use of benefits provided under the Food and Nutrition Act
of 2008.
(d) EVALUATION AND REPORTING.—
(1) EVALUATION.—
(A) INDEPENDENT EVALUATION.—
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note.
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(i) IN GENERAL.—The Secretary shall provide for
an independent evaluation of projects selected under
this section that measures, to the maximum extent
practicable, the impact on health and nutrition.
(ii) REQUIREMENT.—The independent evaluation
under this subparagraph shall use rigorous methodologies, particularly random assignment or other methods
that are capable of producing scientifically valid
information regarding which activities are effective.
(B) COSTS.—The Secretary may use funds not to exceed
7 percent of the funding provided to carry out this section
to pay costs associated with evaluating the outcomes of
the healthy fluid milk incentive projects.
(2) REPORTING.—Not later than December 31 of 2020, and
biennially thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that includes a description of—
(A) the status of each healthy fluid milk incentives
project, and
(B) the results of any completed evaluation that—
(i) include, to the maximum extent practicable,
the impact of the healthy fluid milk incentive projects
on health and nutrition outcomes among households
participating in such projects, and
(ii) have not been submitted in a previous report
under this paragraph.
(3) PUBLIC DISSEMINATION.—In addition to the reporting
requirements under paragraph (2), evaluation results shall be
shared publicly to promote wide use of successful strategies.
(e) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $20,000,000 to carry out and evaluate
the outcomes of projects under this section, to remain available
until expended.
(2) APPROPRIATIONS IN ADVANCE.—Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.
TITLE V—CREDIT
Subtitle A—Farm Ownership Loans
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SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE ELIGIBILITY
REQUIREMENT FOR FARM OWNERSHIP LOANS.
Section 302(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)) is amended by adding at the end
the following:
‘‘(4) WAIVER AUTHORITY.—In the case of a qualified beginning farmer or rancher, the Secretary may—
‘‘(A) reduce the 3-year requirement in paragraph (1)
to 1 or 2 years, if the farmer or rancher has—
‘‘(i) not less than 16 credit hours of post-secondary
education in a field related to agriculture;
‘‘(ii) successfully completed a farm management
curriculum offered by a cooperative extension service,
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132 STAT. 4669
a community college, an adult vocational agriculture
program, a nonprofit organization, or a land-grant college or university;
‘‘(iii) at least 1 year of experience as hired farm
labor with substantial management responsibilities;
‘‘(iv) successfully completed a farm mentorship,
apprenticeship, or internship program with an
emphasis on management requirements and day-today farm management decisions;
‘‘(v) significant business management experience;
‘‘(vi) been honorably discharged from the armed
forces of the United States;
‘‘(vii) successfully repaid a youth loan made under
section 311(b); or
‘‘(viii) an established relationship with an individual who has experience in farming or ranching,
or is a retired farmer or rancher, and is participating
as a counselor in a Service Corps of Retired Executives
program authorized under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B)), or with
a local farm or ranch operator or organization,
approved by the Secretary, that is committed to mentoring the farmer or rancher; or
‘‘(B) waive the 3-year requirement in paragraph (1)
if the farmer or rancher meets the requirements of clauses
(iii) and (viii) of subparagraph (A).’’.
SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
Section 304(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(h)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 5103. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1925) is amended—
(1) in subsection (a)(2)—
(A) by striking ‘‘$300,000’’ and inserting ‘‘$600,000’’;
(B) by striking ‘‘$700,000’’ and inserting ‘‘$1,750,000’’;
and
(C) by striking ‘‘2000’’ and inserting ‘‘2019’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘August’’ and inserting
‘‘July’’; and
(B) in paragraph (2), by striking ‘‘ending on August
31, 1996’’ and inserting ‘‘that immediately precedes the
12-month period described in paragraph (1)’’.
SEC. 5104. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND
SUCCESSION ON FARMLAND.
Subtitle A of title III of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922 et seq.) is amended by adding
at the end the following:
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‘‘SEC. 310I. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND
SUCCESSION ON FARMLAND.
7 USC 1936c.
‘‘(a) IN GENERAL.—The Secretary may make loans to eligible
entities described in subsection (b) so that the eligible entities
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may relend the funds to individuals and entities for the purposes
described in subsection (c).
‘‘(b) ELIGIBLE ENTITIES.—Entities eligible for loans described
in subsection (a) are cooperatives, credit unions, and nonprofit
organizations with—
‘‘(1) certification under section 1805.201 of title 12, Code
of Federal Regulations (or successor regulations), to operate
as a lender;
‘‘(2) experience assisting socially disadvantaged farmers
and ranchers (as defined in subsection (a) of section 2501 of
the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279)) or limited resource or new and beginning
farmers and ranchers, rural businesses, cooperatives, or credit
unions, including experience in making and servicing agricultural and commercial loans; and
‘‘(3) the ability to provide adequate assurance of the repayment of a loan.
‘‘(c) ELIGIBLE PURPOSES.—The proceeds from loans made by
the Secretary pursuant to subsection (a) shall be re-lent by eligible
entities for projects that assist heirs with undivided ownership
interests to resolve ownership and succession on farmland that
has multiple owners.
‘‘(d) PREFERENCE.—In making loans under subsection (a), the
Secretary shall give preference to eligible entities—
‘‘(1) with not less than 10 years of experience serving
socially disadvantaged farmers and ranchers; and
‘‘(2) in States that have adopted a statute consisting of
an enactment or adoption of the Uniform Partition of Heirs
Property Act, as approved and recommended for enactment
in all States by the National Conference of Commissioners
on Uniform State Laws in 2010, that relend to owners of
heirs property (as defined in that Act).
‘‘(e) LOAN TERMS AND CONDITIONS.—The following terms and
conditions shall apply to loans made under this section:
‘‘(1) The interest rate at which intermediaries may borrow
funds under this section shall be determined by the Secretary.
‘‘(2) The rates, terms, and payment structure for borrowers
to which intermediaries lend shall be—
‘‘(A) determined by the intermediary in an amount
sufficient to cover the cost of operating and sustaining
the revolving loan fund; and
‘‘(B) clearly and publicly disclosed to qualified ultimate
borrowers.
‘‘(3) Borrowers to which intermediaries lend shall be—
‘‘(A) required to complete a succession plan as a condition of the loan; and
‘‘(B) be offered the opportunity to borrow sufficient
funds to cover costs associated with the succession plan
under subparagraph (A) and other associated legal and
closing costs.
‘‘(f) REPORT.—Not later than 1 year after the date of enactment
of this section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
describing the operation and outcomes of the program under this
section, with recommendations on how to strengthen the program.
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132 STAT. 4671
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2019 through 2023.’’.
Subtitle B—Operating Loans
SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘$300,000’’ and inserting ‘‘$400,000’’;
(B) by striking ‘‘$700,000’’ and inserting ‘‘$1,750,000’’;
and
(C) by striking ‘‘2000’’ and inserting ‘‘2019’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘August’’ and inserting
‘‘July’’; and
(B) in paragraph (2), by striking ‘‘ending on August
31, 1996’’ and inserting ‘‘that immediately precedes the
12-month period described in paragraph (1)’’.
SEC. 5202. MICROLOANS.
Section 313(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(c)(2)) is amended by striking ‘‘title’’ and
inserting ‘‘subsection’’.
SEC. 5203. COOPERATIVE LENDING PILOT PROJECTS.
Section 313(c)(4)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943(c)(4)(A)) is amended by striking
‘‘2018’’ and inserting ‘‘2023’’.
Subtitle C—Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b(h)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
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SEC. 5302. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘$4,226,000,000 for each of fiscal years 2008 through 2018’’
and inserting ‘‘$10,000,000,000 for each of fiscal years 2019
through 2023’’; and
(2) by striking subparagraphs (A) and (B) and inserting
the following:
‘‘(A) $3,000,000,000 shall be for direct loans, of which—
‘‘(i) $1,500,000,000 shall be for farm ownership
loans under subtitle A; and
‘‘(ii) $1,500,000,000 shall be for operating loans
under subtitle B; and
‘‘(B) $7,000,000,000 shall be for guaranteed loans, of
which—
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‘‘(i) $3,500,000,000 shall be for farm ownership
loans under subtitle A; and
‘‘(ii) $3,500,000,000 shall be for operating loans
under subtitle B.’’.
SEC. 5303. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 5304. USE OF ADDITIONAL FUNDS FOR DIRECT OPERATING
MICROLOANS UNDER CERTAIN CONDITIONS.
Section 346(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)) is amended by adding at the end
the following:
‘‘(5) USE OF ADDITIONAL FUNDS FOR DIRECT OPERATING
MICROLOANS UNDER CERTAIN CONDITIONS.—
‘‘(A) IN GENERAL.—If the Secretary determines that
the amount needed for a fiscal year for direct operating
loans (including microloans) under subtitle B is greater
than the aggregate principal amount authorized for that
fiscal year by this Act, an appropriations Act, or any other
provision of law, the Secretary shall make additional
microloans under subtitle B using amounts made available
under subparagraph (C).
‘‘(B) NOTICE.—Not later than 15 days before the date
on which the Secretary uses the authority under subparagraph (A), the Secretary shall submit a notice of the use
of that authority to—
‘‘(i) the Committee on Appropriations of the House
of Representatives;
‘‘(ii) the Committee on Appropriations of the
Senate;
‘‘(iii) the Committee on Agriculture of the House
of Representatives; and
‘‘(iv) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this paragraph
$5,000,000 for each of fiscal years 2019 through 2023.’’.
SEC. 5305. EQUITABLE RELIEF.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 365 (7 U.S.C. 2008) the following:
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7 USC 2008a.
‘‘SEC. 366. EQUITABLE RELIEF.
‘‘(a) IN GENERAL.—Subject to subsection (b), the Secretary may
provide a form of relief described in subsection (c) to any farmer
or rancher who—
‘‘(1) received a direct farm ownership, operating, or emergency loan under this title; and
‘‘(2) the Secretary determines is not in compliance with
the requirements of this title with respect to the loan.
‘‘(b) LIMITATION.—The Secretary may only provide relief to a
farmer or rancher under subsection (a) if the Secretary determines
that the farmer or rancher—
‘‘(1) acted in good faith; and
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132 STAT. 4673
‘‘(2) relied on an action of, or the advice of, the Secretary
(including any authorized representative of the Secretary) to
the detriment of the farming or ranching operation of the
farmer or rancher.
‘‘(c) FORMS OF RELIEF.—The Secretary may provide to a farmer
or rancher under subsection (a) any of the following forms of relief:
‘‘(1) The farmer or rancher may retain loans or other benefits received in association with the loan with respect to which
the farmer or rancher was determined to be noncompliant
under subsection (a)(2).
‘‘(2) The farmer or rancher may receive such other equitable
relief as the Secretary determines to be appropriate.
‘‘(d) CONDITION.—As a condition of receiving relief under this
section, the Secretary may require the farmer or rancher to take
actions designed to remedy the noncompliance.
‘‘(e) ADMINISTRATIVE APPEAL; JUDICIAL REVIEW.—A determination or action of the Secretary under this section—
‘‘(1) shall be final; and
‘‘(2) shall not be subject to administrative appeal or judicial
review under chapter 7 of title 5, United States Code.’’.
SEC. 5306. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;
QUALIFIED BEGINNING FARMERS AND RANCHERS.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 366 (as added by section 5305) the following:
‘‘SEC. 367. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;
QUALIFIED BEGINNING FARMERS AND RANCHERS.
7 USC 2008b.
‘‘In the case of a loan guaranteed by the Secretary under
subtitle A or B to a socially disadvantaged farmer or rancher
(as defined in section 355(e)) or a qualified beginning farmer or
rancher, the Secretary may provide for a standard guarantee plan,
which shall cover an amount equal to 95 percent of the outstanding
principal of the loan.’’.
SEC. 5307. EMERGENCY LOAN ELIGIBILITY.
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Section 373(b)(2)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008h(b)(2)(B)) is amended—
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(2) in the matter preceding subclause (I) (as so redesignated), by striking ‘‘The Secretary’’ and inserting the following:
‘‘(i) IN GENERAL.—The Secretary’’; and
(3) by adding at the end the following:
‘‘(ii) RESTRUCTURED LOANS.—For purposes of
clause (i), a borrower who was restructured with a
write-down or restructuring under section 353 shall
not be considered to have received debt forgiveness
on a loan made or guaranteed under this title.’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
Subtitle D—Miscellaneous
SEC. 5401. TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM
AND RURAL DEVELOPMENT ACT.
7 USC 1961 note.
7 USC 1981d
note.
7 USC 1983a
note.
7 USC 1991 note.
7 USC 1901 note.
(a)(1) Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended in the second sentence by striking ‘‘and limited liability companies’’ and inserting
‘‘limited liability companies, and such other legal entities’’.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 5201(2)(C) of the Agricultural Act of 2014 (Public Law 113–79) in lieu of the amendment
made by such section.
(b)(1) Section 331D(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981d(e)) is amended by inserting after
‘‘within 60 days after receipt of the notice required in this section’’
the following: ‘‘or, in extraordinary circumstances as determined
by the applicable State director, after the 60-day period’’.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 10 of the Agricultural
Credit Improvement Act of 1992 (Public Law 102–554).
(c)(1) Section 333A(f)(1)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking
‘‘114’’ and inserting ‘‘339’’.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 14 of the Agricultural
Credit Improvement Act of 1992 (Public Law 102–554).
(d) Section 339(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C.1989(d)(3)) is amended by striking ‘‘preferred certified lender’’ and inserting ‘‘Preferred Certified Lender’’.
(e)(1) Section 343(a)(11)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by striking
‘‘or joint operators’’ and inserting ‘‘joint operator, or owners’’.
(2) The amendment made by this subsection shall take effect
as of the effective date of section 5303(a)(2) of the Agricultural
Act of 2014 (Public Law 113–79).
(f)(1) Section 343(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(b)) is amended by striking ‘‘307(e)’’
and inserting ‘‘307(d)’’.
(2) The amendment made by paragraph (1) shall take effect
as of the date of enactment of the Agricultural Act of 2014 (Public
Law 113–79).
(g) Section 346(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.1994(a)) is amended by striking the last comma.
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SEC. 5402. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) ISSUES COVERED BY STATE MEDIATION PROGRAMS.—Section
501(c) of the Agricultural Credit Act of 1987 (7 U.S.C. 5101(c))
is amended—
(1) in paragraph (1)—
(A) in subparagraph (B)—
(i) in the matter preceding clause (i), by striking
‘‘under the jurisdiction of the Department of Agriculture’’;
(ii) in clause (ii), by inserting ‘‘and the national
organic program established under the Organic Foods
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132 STAT. 4675
Production Act of 1990 (7 U.S.C. 6501 et seq.)’’ before
the period at the end; and
(iii) by striking clause (vii) and inserting the following:
‘‘(vii) Lease issues, including land leases and equipment leases.
‘‘(viii) Family farm transition.
‘‘(ix) Farmer-neighbor disputes.
‘‘(x) Such other issues as the Secretary or the
head of the department of agriculture of each participating State considers appropriate for better serving
the agricultural community and persons eligible for
mediation.’’; and
(B) by adding at the end the following:
‘‘(C) MEDIATION SERVICES.—Funding provided for the
mediation program of a qualifying State may also be used
to provide credit counseling to persons described in paragraph (2)—
‘‘(i) prior to the initiation of any mediation
involving the Department of Agriculture; or
‘‘(ii) unrelated to any ongoing dispute or mediation
in which the Department of Agriculture is a party.’’;
(2) in paragraph (2)(A)—
(A) in clause (ii), by striking ‘‘and’’ after the semicolon;
(B) in clause (iii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iv) any other persons involved in an issue for
which mediation services are provided by a mediation
program described in paragraph (1)(B).’’; and
(3) in paragraph (3)(F), by striking ‘‘that persons’’ and
inserting the following: ‘‘that—
‘‘(i) the Department of Agriculture receives adequate notification of those issues; and
‘‘(ii) persons’’.
(b) REPORT REQUIRED.—Section 505 of the Agricultural Credit
Act of 1987 (7 U.S.C. 5105) is amended to read as follows:
‘‘SEC. 505. REPORT.
‘‘Not later than 2 years after the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary shall submit
to Congress a report describing—
‘‘(1) the effectiveness of the State mediation programs
receiving matching grants under this subtitle;
‘‘(2) recommendations for improving the delivery of mediation services to producers;
‘‘(3) the steps being taken to ensure that State mediation
programs receive timely funding under this subtitle; and
‘‘(4) the savings to the States as a result of having a
mediation program.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 5403. COMPENSATION OF BANK DIRECTORS.
Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209)
is repealed.
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SEC. 5404. SHARING OF PRIVILEGED AND CONFIDENTIAL INFORMATION.
Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254)
is amended by adding at the end the following:
‘‘(e) SHARING OF PRIVILEGED AND CONFIDENTIAL INFORMATION.—A System institution shall not be considered to have waived
the confidentiality of a privileged communication with an attorney
or an accountant if the System institution provides the content
of the communication to the Farm Credit Administration pursuant
to the supervisory or regulatory authorities of the Farm Credit
Administration.’’.
SEC. 5405. FACILITY HEADQUARTERS.
Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 2251)
is amended by striking all that precedes ‘‘to the rental of quarters’’
and inserting the following:
‘‘SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT
ADMINISTRATION.
‘‘(a) The Farm Credit Administration shall maintain its principal office within the Washington D.C.-Maryland-Virginia standard
metropolitan statistical area, and such other offices within the
United States as in its judgment are necessary.
‘‘(b) As an alternate’’.
SEC. 5406. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
Part C of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.29 (12 U.S.C. 2265) the following:
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12 USC 2265a.
‘‘SEC. 5.29A. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
‘‘(a) DEFINITION OF PERSON.—In this section, the term ‘person’
means—
‘‘(1) an individual; and
‘‘(2) in the case of a specific determination by the Farm
Credit Administration, a legal entity.
‘‘(b) INDUSTRY-WIDE PROHIBITION.—Except as provided in subsection (c), any person who, pursuant to an order issued under
section 5.28 or 5.29, has been removed or suspended from office
at a System institution or prohibited from participating in the
conduct of the affairs of a System institution shall not, during
the period of effectiveness of the order, continue or commence
to hold any office in, or participate in any manner in the conduct
of the affairs of—
‘‘(1) any insured depository institution subject to section
8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(i));
‘‘(2) any institution subject to section 8(e)(7)(A)(ii) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(A)(ii));
‘‘(3) any insured credit union under the Federal Credit
Union Act (12 U.S.C. 1751 et seq.);
‘‘(4) any Federal home loan bank;
‘‘(5) any institution chartered under this Act;
‘‘(6) any appropriate Federal financial institutions regulatory agency (as defined in section 8(e)(7)(D) of the Federal
Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D)));
‘‘(7) the Federal Housing Finance Agency; or
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132 STAT. 4677
‘‘(8) the Farm Credit Administration.
‘‘(c) EXCEPTION FOR INSTITUTION-AFFILIATED PARTY THAT
RECEIVES WRITTEN CONSENT.—
‘‘(1) IN GENERAL.—
‘‘(A) AFFILIATED PARTIES.—If, on or after the date on
which an order described in subsection (b) is issued that
removes or suspends an institution-affiliated party from
office at a System institution or prohibits an institutionaffiliated party from participating in the conduct of the
affairs of a System institution, that party receives written
consent described in subparagraph (B), subsection (b) shall
not apply to that party—
‘‘(i) to the extent provided in the written consent
received; and
‘‘(ii) with respect to the institution described in
each written consent.
‘‘(B) WRITTEN CONSENT DESCRIBED.—The written consent referred to in subparagraph (A) is written consent
received from—
‘‘(i) the Farm Credit Administration; and
‘‘(ii) each appropriate Federal financial institutions
regulatory agency (as defined in section 8(e)(7)(D) of
the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(D))) of the applicable institution described
in any of paragraphs (1), (2), (3), or (4) of subsection
(b) with respect to which the party proposes to be
become an affiliated party.
‘‘(2) DISCLOSURE.—Any agency described in clause (i) or
(ii) of paragraph (1)(B) that provides a written consent under
that paragraph shall—
‘‘(A) report the action to the Farm Credit Administration; and
‘‘(B) publicly disclose the action.
‘‘(3) CONSULTATION BETWEEN AGENCIES.—The agencies
described in clauses (i) and (ii) of paragraph (1)(B) shall consult
with each other before providing any written consent under
that paragraph.
‘‘(d) VIOLATIONS.—A violation of subsection (b) by any person
who is subject to an order described in that subsection shall be
treated as violation of that order.’’.
SEC. 5407. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
Part C of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.31 (12 U.S.C. 2267) the following:
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‘‘SEC. 5.31A. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
12 USC 2267a.
‘‘(a) IN GENERAL.—For purposes of sections 5.25, 5.26, and
5.32, the jurisdiction of the Farm Credit Administration over parties, and the authority of the Farm Credit Administration to initiate
actions, shall include enforcement authority over institution-affiliated parties.
‘‘(b) EFFECT OF SEPARATION ON JURISDICTION AND AUTHORITY.—
Subject to subsection (c), the resignation, termination of employment or participation, or separation of an institution-affiliated party
(including a separation caused by the merger, consolidation, conservatorship, or receivership of a Farm Credit System institution)
shall not affect the jurisdiction and authority of the Farm Credit
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Administration to issue any notice or order and proceed under
this part against that party.
‘‘(c) LIMITATION.—To proceed against a party under subsection
(b), the notice or order described in that subsection shall be served
not later than 6 years after the date on which the party ceased
to be an institution-affiliated party with respect to the applicable
Farm Credit System institution.
‘‘(d) APPLICABILITY.—The date on which a party ceases to be
an institution-affiliated party described in subsection (c) may occur
before, on, or after the date of enactment of this section.’’.
SEC. 5408. DEFINITION OF INSTITUTION-AFFILIATED PARTY.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271)
is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
‘‘(4) the term ‘institution-affiliated party’ means—
‘‘(A) a director, officer, employee, shareholder, or agent
of a System institution;
‘‘(B) an independent contractor (including an attorney,
appraiser, or accountant) who knowingly or recklessly
participates in—
‘‘(i) a violation of law (including regulations) that
is associated with the operations and activities of 1
or more System institutions;
‘‘(ii) a breach of fiduciary duty; or
‘‘(iii) an unsafe practice that causes or is likely
to cause more than a minimum financial loss to, or
a significant adverse effect on, a System institution;
and
‘‘(C) any other person, as determined by the Farm
Credit Administration (by regulation or on a case-by-case
basis) who participates in the conduct of the affairs of
a System institution; and’’.
SEC. 5409. PROHIBITION ON USE OF FUNDS.
Section 5.65 of the Farm Credit Act of 1971 (12 U.S.C. 2277a–
14) is amended by adding at the end the following:
‘‘(e) PROHIBITION ON USES OF FUNDS RELATED TO FEDERAL
AGRICULTURAL MORTGAGE CORPORATION.—No funds from administrative accounts or from the Farm Credit System Insurance Fund
may be used by the Corporation to provide assistance to the Federal
Agricultural Mortgage Corporation or to support any activities
related to the Federal Agricultural Mortgage Corporation.’’.
SEC. 5410. EXPANSION OF ACREAGE EXCEPTION TO LOAN AMOUNT
LIMITATION.
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12 USC
2279aa–8 note.
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(a) IN GENERAL.—Section 8.8(c)(2) of the Farm Credit Act of
1971 (12 U.S.C. 2279aa–8(c)(2)) is amended by striking ‘‘1,000’’
and inserting ‘‘2,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect 1 year after the date a report submitted in accordance with section 5414 of this Act indicates that it is feasible
to increase the acreage limitation in section 8.8(c)(2) of the Farm
Credit Act of 1971 to 2,000 acres.
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SEC. 5411. REPEAL OF OBSOLETE PROVISIONS; TECHNICAL CORRECTIONS.
(1) Section 1.1(c) of the Farm Credit Act of 1971 (12 U.S.C.
2001(c)) is amended in the first sentence by striking ‘‘including
any costs of defeasance under section 4.8(b),’’.
(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C.
2002) is amended by striking subsection (a) and inserting the
following:
‘‘(a) COMPOSITION.—The Farm Credit System shall include the
Farm Credit Banks, the bank for cooperatives, Agricultural Credit
Banks, the Federal Land Bank Associations, the Federal Land
Credit Associations, the Production Credit Associations, the agricultural credit associations, the Federal Farm Credit Banks Funding
Corporation, the Federal Agricultural Mortgage Corporation, service
corporations established pursuant to section 4.25, and such other
institutions as may be made a part of the Farm Credit System,
all of which shall be chartered by and subject to regulation by
the Farm Credit Administration.’’.
(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C.
2075) is amended by striking subsection (d).
(4) Section 3.0(a) of the Farm Credit Act of 1971 (12 U.S.C.
2121(a)) is amended—
(A) in the third sentence, by striking ‘‘and a Central
Bank for Cooperatives’’; and
(B) by striking the fifth sentence.
(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C.
2123) is amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘not merged into
the United Bank for Cooperatives or the National Bank
for Cooperatives’’; and
(ii) in paragraph (2)(A), in the matter preceding
clause (i), by striking ‘‘(other than the National Bank
for Cooperatives)’’;
(B) by striking subsection (b);
(C) in subsection (a)—
(i) by striking ‘‘(a)(1) Each bank’’ and inserting
the following:
‘‘(a) IN GENERAL.—Each bank’’; and
(ii) by striking ‘‘(2)(A) If approved’’ and inserting
the following:
‘‘(b) NOMINATION AND ELECTION.—
‘‘(1) IN GENERAL.—If approved’’;
(D) in subsection (b)(1) (as so designated)—
(i) in subparagraph (B), by striking ‘‘(B) The total’’
and inserting the following:
‘‘(2) NUMBER OF VOTES.—The total’’; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and
(E) in paragraph (2) (as so designated), by striking
‘‘paragraph’’ and inserting ‘‘subsection’’.
(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C.
2126) is amended in the third sentence by striking ‘‘district’’.
(7) Section 3.7(a) of the Farm Credit Act of 1971 (12 U.S.C.
2128(a)) is amended by striking the second sentence.
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132 STAT. 4680
PUBLIC LAW 115–334—DEC. 20, 2018
(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2129(b)(1)(A)) is amended by inserting ‘‘(or any successor agency)’’ after ‘‘Rural Electrification Administration’’.
(9) Section 3.9(a) of the Farm Credit Act of 1971 (12 U.S.C.
2130(a)) is amended by striking the third sentence.
(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C.
2131) is amended—
(A) in subsection (c), by striking the second sentence;
and
(B) in subsection (d)—
(i) by striking ‘‘district’’ each place it appears; and
(ii) by inserting ‘‘for cooperatives (or any successor
bank)’’ before ‘‘on account’’.
(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C.
2132) is amended—
(A) in subsection (a), in the first sentence, by striking
‘‘subsections (b) and (c) of this section’’ and inserting ‘‘subsection (b)’’;
(B) in subsection (b)—
(i) in the first sentence, by striking ‘‘district’’; and
(ii) in the second sentence, by striking ‘‘Except
as provided in subsection (c) below, all’’ and inserting
‘‘All’’;
(C) by striking subsection (c); and
(D) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively.
(12) Part B of title III of the Farm Credit Act of 1971
(12 U.S.C. 2141 et seq.) is amended in the part heading by
striking ‘‘UNITED AND’’.
(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C.
2141) is amended—
(A) in subsection (a), by striking ‘‘or the United Bank
for Cooperatives, as the case may be’’; and
(B) in subsection (b), by striking ‘‘the district banks
for cooperatives and the Central Bank for Cooperatives’’
and inserting ‘‘the constituent banks described in section
413(b) of the Agricultural Credit Act of 1987 (12 U.S.C.
2121 note; Public Law 100–233)’’.
(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C.
2142) is repealed.
(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C.
2149) is amended by striking ‘‘a district bank for cooperatives
and the Central Bank for Cooperatives’’ and inserting ‘‘the
constituent banks described in section 413(b) of the Agricultural
Credit Act of 1987 (12 U.S.C. 2121 note; Public Law 100–
233)’’.
(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C.
2149a) is repealed.
(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C.
2151) is repealed.
(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C.
2159) is amended—
(A) by striking the section designation and heading
and all that follows through ‘‘Each bank’’ in subsection
(a) and inserting the following:
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132 STAT. 4681
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‘‘SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS.
‘‘Each bank’’; and
(B) by striking subsection (b).
(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C.
2160) is amended—
(A) in subsection (d)—
(i) by striking paragraph (2) and inserting the
following:
‘‘(3) REPRESENTATION OF BOARD.—The Farm Credit System
Insurance Corporation shall not have representation on the
board of directors of the Corporation.’’;
(ii) in the undesignated matter following paragraph (1)(D), by striking ‘‘In selecting’’ and inserting
the following:
‘‘(2) CONSIDERATIONS.—In selecting’’; and
(iii) in paragraph (2) (as so designated), by
inserting ‘‘of paragraph (1)’’ after ‘‘(A) and (B)’’;
(B) by striking subsection (e); and
(C) by redesignating subsection (f) as subsection (e).
(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12
U.S.C. 2162(c)) is amended—
(A) by striking ‘‘institution, and—’’ in the matter preceding paragraph (1) and all that follows through the period
at the end of paragraph (2) and inserting ‘‘institution.’’;
(B) by striking ‘‘If an institution’’ and inserting the
following:
‘‘(1) IN GENERAL.—If an institution’’;
(C) in paragraph (1) (as so designated), by striking
‘‘the receiver of the institution’’ and inserting ‘‘the Farm
Credit System Insurance Corporation, acting as receiver,’’;
and
(D) by adding at the end the following:
‘‘(2) FUNDING.—The Farm Credit System Insurance Corporation shall use such funds from the Farm Credit Insurance
Fund as are sufficient to carry out this section.’’.
(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12
U.S.C. 2184(a)) is amended by striking paragraph (1) and
inserting the following:
‘‘(1) IN GENERAL.—A Farm Credit System bank or association shall provide to a stockholder of the bank or association
a current list of stockholders of the bank or association not
later than 7 calendar days after the date on which the bank
or association receives a written request for the stockholder
list from the stockholder.’’.
(22) Section 4.14A of the Farm Credit Act of 1971 (12
U.S.C. 2202a) is amended—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1), by
inserting ‘‘and section 4.36’’ before the colon at the
end; and
(ii) in paragraph (5)(B)(ii)(I), by striking ‘‘4.14C,’’;
(B) by striking subsection (h);
(C) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and
(D) in subsection (k) (as so redesignated), by striking
‘‘production credit’’.
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132 STAT. 4682
PUBLIC LAW 115–334—DEC. 20, 2018
(23) Section 4.14C of the Farm Credit Act of 1971 (12
U.S.C. 2202c) is repealed.
(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C.
2205) is amended in the third sentence by striking ‘‘Federal
intermediate credit banks and’’.
(25) Section 4.19(a) of the Farm Credit Act of 1971 (12
U.S.C. 2207(a)) is amended—
(A) in the first sentence—
(i) by striking ‘‘district’’; and
(ii) by striking ‘‘Federal land bank association and
production credit’’; and
(B) in the second sentence, by striking ‘‘units’’ and
inserting ‘‘institutions’’.
(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C.
2219c) is amended by striking ‘‘The Assistance Board established under section 6.0 and all’’ and inserting ‘‘All’’.
(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C.
2219d) is amended by striking ‘‘8.0(7))’’ and inserting ‘‘8.0)’’.
(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C.
2251) is amended in the undesignated matter following paragraph (5) of subsection (b) (as designated by section 5405)—
(A) in the fifth sentence, by striking ‘‘In actions undertaken by the banks pursuant to the foregoing provisions
of this section’’ and inserting the following:
‘‘(5) AGENT FOR BANKS.—In actions undertaken by the
banks pursuant to this section’’;
(B) in the fourth sentence, by striking ‘‘The plans’’
and inserting the following:
‘‘(4) APPROVAL OF BOARD.—The plans’’;
(C) in the third sentence, by striking ‘‘The powers’’
and inserting the following:
‘‘(3) POWERS OF BANKS.—The powers’’;
(D) in the second sentence, by striking ‘‘Such advances’’
and inserting the following:
‘‘(2) ADVANCES.—The advances of funds described in paragraph (1)’’; and
(E) in the first sentence, by striking ‘‘The Board’’ and
inserting the following:
‘‘(c) FINANCING.—
‘‘(1) IN GENERAL.—The Board’’.
(29) Section 5.17(a)(2) of the Farm Credit Act of 1971
(12 U.S.C. 2252(a)(2)) is amended by striking the second and
third sentences.
(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C.
2253) is repealed.
(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.
2254) is amended—
(A) in subsection (a)—
(i) in the first sentence, by striking ‘‘Except for
Federal land bank associations, each’’ and inserting
‘‘Each’’; and
(ii) by striking the second sentence; and
(B) in subsection (b)—
(i) by striking ‘‘(b)(1) Each’’ and inserting ‘‘(b)
Each’’;
(ii) in the matter preceding paragraph (2) (as so
designated)—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4683
(I) in the second sentence, by striking ‘‘, except
with respect to any actions taken by any banks
of the System under section 4.8(b),’’; and
(II) by striking the third sentence; and
(iii) by striking paragraphs (2) and (3).
(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C.
2267) is amended in the second sentence by striking ‘‘4.14A(i)’’
and inserting ‘‘4.14A(h)’’.
(33) Section 5.32(h) of the Farm Credit Act of 1971 (12
U.S.C. 2268(h)) is amended by striking ‘‘4.14A(i)’’ and inserting
‘‘4.14A(h)’’.
(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.
2271) is amended in paragraph (5) (as redesignated by section
5408(2))—
(A) in subparagraph (A), by adding ‘‘and’’ at the end;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B); and
(D) in subparagraph (B) (as so redesignated)—
(i) by striking ‘‘after December 31, 1992,’’; and
(ii) by striking ‘‘by the Farm Credit System Assistance Board under section 6.6 or’’.
(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C.
2274) is amended by striking ‘‘a farm’’ and all that follows
through ‘‘land bank’’ and inserting ‘‘a Farm Credit Bank board,
officer, or employee shall not remove any director or officer
of any’’.
(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C.
2275) is repealed.
(37) Section 5.58(2) of the Farm Credit Act of 1971 (12
U.S.C. 2277a–7(2)) is amended by striking the second sentence.
(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C.
2277a–9) is amended—
(A) in subsection (b), by striking the subsection designation and heading and all that follows through ‘‘The
Corporation’’ in paragraph (2) and inserting the following:
‘‘(b) AMOUNTS IN FUND.—The Corporation’’; and
(B) in subsection (c)(2), by striking ‘‘Insurance Fund
to—’’ in the matter preceding subparagraph (A) and all
that follows through ‘‘ensure’’ in subparagraph (B) and
inserting ‘‘Insurance Fund to ensure’’.
(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C.
2278a et seq.) is repealed.
(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279c–2) is amended by striking subsection (c).
(41) Section 7.10(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279d(a)) is amended by striking paragraph (4) and
inserting the following:
‘‘(4) the institution pays to the Farm Credit Insurance
Fund the amount by which the total capital of the institution
exceeds 6 percent of the assets;’’.
(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa) is amended—
(A) in paragraph (2), by striking ‘‘means—’’ in the
matter preceding subparagraph (A) and all that follows
through the period at the end of the undesignated matter
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2278a—
2278a–13,
2278b–2—
2278b–11.
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132 STAT. 4684
PUBLIC LAW 115–334—DEC. 20, 2018
following subparagraph (B) and inserting ‘‘means the board
of directors established under section 8.2.’’;
(B) by striking paragraphs (6) and (8);
(C) by redesignating paragraphs (7), (9), and (10) as
paragraphs (6), (7), and (8), respectively; and
(D) in subparagraph (B)(i) of paragraph (7) (as so
redesignated), by striking ‘‘(b) through (d)’’ and inserting
‘‘(b) and (c)’’.
(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa–2) is amended—
(A) by striking subsection (a);
(B) in subsection (b), by striking the subsection designation and heading and all that follows through the
period at the end of paragraph (1) and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—The Corporation shall be under the
management of the board of directors.’’;
(C) in subsection (a) (as so designated)—
(i) by striking ‘‘permanent board’’ each place it
appears and inserting ‘‘Board’’;
(ii) by striking paragraph (3);
(iii) by redesignating paragraphs (4) through (10)
as paragraphs (3) through (9), respectively; and
(iv) in paragraph (3)(A) (as so redesignated), by
striking ‘‘(6)’’ and inserting ‘‘(5)’’; and
(D) by redesignating subsection (c) as subsection (b).
(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa–4(a)(1)) is amended—
(A) in the sixth sentence—
(i) by striking ‘‘Class B’’ and inserting the following:
‘‘(iii) CLASS B STOCK.—Class B’’; and
(ii) by striking ‘‘8.2(b)(2)(B)’’ and inserting
‘‘8.2(a)(2)(B)’’;
(B) in the fifth sentence—
(i) by striking ‘‘Class A’’ and inserting the following:
‘‘(ii) CLASS A STOCK.—Class A’’; and
(ii) by striking ‘‘8.2(b)(2)(A)’’ and inserting
‘‘8.2(a)(2)(A)’’;
(C) in the fourth sentence, by striking ‘‘The stock’’
and inserting the following:
‘‘(D) CLASSES OF STOCK.—
‘‘(i) IN GENERAL.—The stock’’;
(D) by striking the third sentence and inserting the
following:
‘‘(C) OFFERS.—
‘‘(i) IN GENERAL.—The Board shall offer the voting
common stock to banks, other financial institutions,
insurance companies, and System institutions under
such terms and conditions as the Board may adopt.
‘‘(ii) REQUIREMENTS.—The voting common stock
shall be fairly and broadly offered to ensure that—
‘‘(I) no institution or institutions acquire a disproportionate share of the total quantity of the
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4685
voting common stock outstanding of a class of
stock; and
‘‘(II) capital contributions and issuances of
voting common stock for the contributions are
fairly distributed between entities eligible to hold
class A stock and class B stock.’’;
(E) in the second sentence, by striking ‘‘Each share’’
and inserting the following:
‘‘(B) NUMBER OF VOTES.—Each share’’; and
(F) in the first sentence, by striking ‘‘The Corporation’’
and inserting the following:
‘‘(A) IN GENERAL.—The Corporation’’.
(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa–6) is amended—
(A) by striking subsection (d);
(B) by redesignating subsection (e) as subsection (d);
and
(C) in paragraph (2) of subsection (d) (as so redesignated), by striking ‘‘8.0(9))’’ and inserting ‘‘8.0)’’.
(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa–9) is amended by striking ‘‘4.14C,’’ each place it
appears.
(47) Section 8.11(e) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa–11(e)) is amended by striking ‘‘8.0(7))’’ and
inserting ‘‘8.0)’’.
(48) Section 8.32(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279bb–1(a)) is amended—
(A) in the first sentence of the matter preceding paragraph (1), by striking ‘‘Not sooner than the expiration of
the 3-year period beginning on the date of enactment of
the Farm Credit System Reform Act of 1996, the’’ and
inserting ‘‘The’’; and
(B) in paragraph (1)(B), by striking ‘‘8.0(9)(C)’’ and
inserting ‘‘8.0(7)(C)’’.
(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2279bb–2(b)(2)(A)) is amended by striking ‘‘8.6(e)’’
and inserting ‘‘8.6(d)’’.
(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb–4) is amended by striking subsection (e).
(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb–7) is repealed.
(52) Section 4 of the Agricultural Marketing Act (12 U.S.C.
1141b) is repealed.
(53) Section 5 of the Agricultural Marketing Act (12 U.S.C.
1141c) is repealed.
(54) Section 6 of the Agricultural Marketing Act (12 U.S.C.
1141d) is repealed.
(55) Section 7 of the Agricultural Marketing Act (12 U.S.C.
1141e) is repealed.
(56) Section 8 of the Agricultural Marketing Act (12 U.S.C.
1141f) is repealed.
(57) Section 14 of the Agricultural Marketing Act (12 U.S.C.
1141i) is repealed.
(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239;
12 U.S.C. 1141d–1), is repealed.
(59) Section 201(e) of the Emergency Relief and Construction Act of 1932 (12 U.S.C. 1148) is repealed.
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PUBLIC LAW 115–334—DEC. 20, 2018
(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150,
chapter 192; 12 U.S.C. 1148a–4), is repealed.
(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C.
1148b) is repealed.
(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C.
1148c) is repealed.
(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C.
1148d) is repealed.
(64) The Joint Resolution of March 3, 1932 (47 Stat. 60,
chapter 70; 12 U.S.C. 1401 et seq.), is repealed.
12 USC
2277a–10c.
SEC. 5412. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN
OTHER POWERS.
Part E of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.61B (12 U.S.C. 2277a–10b) the following:
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‘‘SEC. 5.61C. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN
OTHER POWERS.
‘‘(a) DEFINITION OF INSTITUTION.—In this section, the term
‘institution’ includes any System institution for which the Corporation has been appointed as conservator or receiver.
‘‘(b) CERTAIN POWERS AND DUTIES OF CORPORATION AS CONSERVATOR OR RECEIVER.—In addition to the powers inherent in the
express grant of corporate authority under section 5.58(9), and
other powers exercised by the Corporation under this part, the
Corporation shall have the following express powers to act as a
conservator or receiver:
‘‘(1) RULEMAKING AUTHORITY OF CORPORATION.—The Corporation may prescribe such regulations as the Corporation
determines to be appropriate regarding the conduct of
conservatorships or receiverships.
‘‘(2) GENERAL POWERS.—
‘‘(A) SUCCESSOR TO SYSTEM INSTITUTION.—The Corporation shall, as conservator or receiver, and by operation
of law, succeed to—
‘‘(i) all rights, titles, powers, and privileges of the
System institution, and of any stockholder, member,
officer, or director of such System institution with
respect to the System institution and the assets of
the System institution; and
‘‘(ii) title to the books, records, and assets of any
previous conservator or other legal custodian of such
System institution.
‘‘(B) OPERATE THE SYSTEM INSTITUTION.—The Corporation may, as conservator or receiver—
‘‘(i) take over the assets of and operate the System
institution with all the powers of the stockholders or
members, the directors, and the officers of the System
institution and conduct all business of the System
institution;
‘‘(ii) collect all obligations and money due the
System institution;
‘‘(iii) perform all functions of the System institution
in the name of the System institution which are consistent with the appointment as conservator or
receiver;
‘‘(iv) preserve and conserve the assets and property
of such System institution; and
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132 STAT. 4687
‘‘(v) provide by contract for assistance in fulfilling
any function, activity, action, or duty of the Corporation
as conservator or receiver.
‘‘(C) FUNCTIONS OF SYSTEM INSTITUTION’S OFFICERS,
DIRECTORS, MEMBERS, AND STOCKHOLDERS.—The Corporation may, by regulation or order, provide for the exercise
of any function by any stockholder, member, director, or
officer of any System institution for which the Corporation
has been appointed conservator or receiver.
‘‘(D) POWERS AS CONSERVATOR.—Subject to any Farm
Credit Administration approvals required under this Act,
the Corporation may, as conservator, take such action as
may be—
‘‘(i) necessary to put the System institution in a
sound and solvent condition; and
‘‘(ii) appropriate to carry on the business of the
System institution and preserve and conserve the
assets and property of the System institution.
‘‘(E) ADDITIONAL POWERS AS RECEIVER.—The Corporation may, as receiver, liquidate the System institution and
proceed to realize upon the assets of the System institution,
in such manner as the Corporation determines to be appropriate.
‘‘(F) ORGANIZATION OF NEW SYSTEM BANK.—The Corporation may, as receiver with respect to any System bank,
organize a bridge System bank under subsection (h).
‘‘(G) MERGER; TRANSFER OF ASSETS AND LIABILITIES.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the Corporation may, as conservator or receiver—
‘‘(I) merge the System institution with another
System institution; and
‘‘(II) transfer or sell any asset or liability of
the System institution in default without any
approval, assignment, or consent with respect to
such transfer.
‘‘(ii) APPROVAL.—No merger or transfer under
clause (i) may be made to another System institution
(other than a bridge System bank under subsection
(h)) without the approval of the Farm Credit Administration.
‘‘(H) PAYMENT OF VALID OBLIGATIONS.—The Corporation, as conservator or receiver, shall, to the extent that
proceeds are realized from the performance of contracts
or the sale of the assets of a System institution, pay all
valid obligations of the System institution in accordance
with the prescriptions and limitations of this section.
‘‘(I) INCIDENTAL POWERS.—
‘‘(i) IN GENERAL.—The Corporation may, as conservator or receiver—
‘‘(I) exercise all powers and authorities specifically granted to conservators or receivers, respectively, under this section and such incidental
powers as shall be necessary to carry out such
powers; and
‘‘(II) take any action authorized by this section,
which the Corporation determines is in the best
interests of—
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132 STAT. 4688
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(aa) the System institution in receivership or conservatorship;
‘‘(bb) System institutions;
‘‘(cc) System institution stockholders or
investors; or
‘‘(dd) the Corporation.
‘‘(ii) TERMINATION OF RIGHTS AND CLAIMS.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), notwithstanding any other provision
of law, the appointment of the Corporation as
receiver for a System institution and the succession of the Corporation, by operation of law, to
the rights, titles, powers, and privileges described
in subparagraph (A) shall terminate all rights and
claims that the stockholders and creditors of the
System institution may have, arising as a result
of their status as stockholders or creditors, against
the assets or charter of the System institution
or the Corporation.
‘‘(II) EXCEPTIONS.—Subclause (I) shall not
terminate the right to payment, resolution, or
other satisfaction of the claims of stockholders and
creditors described in that subclause, as permitted
under paragraphs (10) and (11) and subsection
(d).
‘‘(iii) CHARTER.—Notwithstanding any other provision of law, for purposes of this section, the charter
of a System institution shall not be considered to be
an asset of the System institution.
‘‘(J) UTILIZATION OF PRIVATE SECTOR.—In carrying out
its responsibilities in the management and disposition of
assets from System institutions, as conservator, receiver,
or in its corporate capacity, the Corporation may utilize
the services of private persons, including real estate and
loan portfolio asset management, property management,
auction marketing, legal, and brokerage services, if the
Corporation determines utilization of such services is practicable, efficient, and cost effective.
‘‘(3) AUTHORITY OF RECEIVER TO DETERMINE CLAIMS.—
‘‘(A) IN GENERAL.—The Corporation may, as receiver,
determine claims in accordance with the requirements of
this subsection and regulations prescribed under paragraph
(4).
‘‘(B) NOTICE REQUIREMENTS.—The receiver, in any case
involving the liquidation or winding up of the affairs of
a closed System institution, shall—
‘‘(i) promptly publish a notice to the System institution’s creditors to present their claims, together with
proof, to the receiver by a date specified in the notice
which shall be not less than 90 days after the publication of such notice; and
‘‘(ii) republish such notice approximately 1 month
and 2 months, respectively, after the publication under
clause (i).
‘‘(C) MAILING REQUIRED.—The receiver shall mail a
notice similar to the notice published under subparagraph
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132 STAT. 4689
(B)(i) at the time of such publication to any creditor shown
on the System institution’s books—
‘‘(i) at the creditor’s last address appearing in such
books; or
‘‘(ii) upon discovery of the name and address of
a claimant not appearing on the System institution’s
books within 30 days after the discovery of such name
and address.
‘‘(4) RULEMAKING AUTHORITY RELATING TO DETERMINATION
OF CLAIMS.—The Corporation may prescribe regulations
regarding the allowance or disallowance of claims by the
receiver and providing for administrative determination of
claims and review of such determination.
‘‘(5) PROCEDURES FOR DETERMINATION OF CLAIMS.—
‘‘(A) DETERMINATION PERIOD.—
‘‘(i) IN GENERAL.—Before the end of the 180-day
period beginning on the date any claim against a
System institution is filed with the Corporation as
receiver, the Corporation shall determine whether to
allow or disallow the claim and shall notify the claimant of any determination with respect to such claim.
‘‘(ii) EXTENSION OF TIME.—The period described
in clause (i) may be extended by a written agreement
between the claimant and the Corporation.
‘‘(iii) MAILING OF NOTICE SUFFICIENT.—The requirements of clause (i) shall be deemed to be satisfied
if the notice of any determination with respect to any
claim is mailed to the last address of the claimant
which appears—
‘‘(I) on the System institution’s books;
‘‘(II) in the claim filed by the claimant; or
‘‘(III) in documents submitted in proof of the
claim.
‘‘(iv) CONTENTS OF NOTICE OF DISALLOWANCE.—If
any claim filed under clause (i) is disallowed, the notice
to the claimant shall contain—
‘‘(I) a statement of each reason for the disallowance; and
‘‘(II) the procedures available for obtaining
agency review of the determination to disallow
the claim or judicial determination of the claim.
‘‘(B) ALLOWANCE OF PROVEN CLAIMS.—The receiver
shall allow any claim received on or before the date specified in the notice published under paragraph (3)(B)(i) by
the receiver from any claimant which is proved to the
satisfaction of the receiver.
‘‘(C) DISALLOWANCE OF CLAIMS FILED AFTER END OF
FILING PERIOD.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), claims filed after the date specified in the notice
published under paragraph (3)(B)(i) shall be disallowed
and such disallowance shall be final.
‘‘(ii) CERTAIN EXCEPTIONS.—Clause (i) shall not
apply with respect to any claim filed by any claimant
after the date specified in the notice published under
paragraph (3)(B)(i) and such claim may be considered
by the receiver if—
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(I) the claimant did not receive notice of the
appointment of the receiver in time to file such
claim before such date; and
‘‘(II) such claim is filed in time to permit payment of such claim.
‘‘(D) AUTHORITY TO DISALLOW CLAIMS.—
‘‘(i) IN GENERAL.—The receiver may disallow any
portion of any claim by a creditor or claim of security,
preference, or priority which is not proved to the satisfaction of the receiver.
‘‘(ii) PAYMENTS TO LESS THAN FULLY SECURED
CREDITORS.—In the case of a claim of a creditor against
a System institution which is secured by any property
or other asset of such System institution, any receiver
appointed for any System institution—
‘‘(I) may treat the portion of such claim which
exceeds an amount equal to the fair market value
of such property or other asset as an unsecured
claim against the System institution; and
‘‘(II) may not make any payment with respect
to such unsecured portion of the claim other than
in connection with the disposition of all claims
of unsecured creditors of the System institution.
‘‘(iii) EXCEPTIONS.—No provision of this paragraph
shall apply with respect to—
‘‘(I) any extension of credit from any Federal
Reserve bank or the United States Treasury to
any System institution; or
‘‘(II) any security interest in the assets of the
System institution securing any such extension of
credit.
‘‘(E) NO JUDICIAL REVIEW OF DETERMINATION PURSUANT
TO SUBPARAGRAPH (D).—No court may review the Corporation’s determination pursuant to subparagraph (D) to disallow a claim.
‘‘(F) LEGAL EFFECT OF FILING.—
‘‘(i) STATUTE OF LIMITATION TOLLED.—For purposes
of any applicable statute of limitations, the filing of
a claim with the receiver shall constitute a commencement of an action.
‘‘(ii) NO PREJUDICE TO OTHER ACTIONS.—Subject
to paragraph (12) and the determination of claims by
a receiver, the filing of a claim with the receiver shall
not prejudice any right of the claimant to continue
any action which was filed before the appointment
of the receiver.
‘‘(6) PROVISION FOR JUDICIAL DETERMINATION OF CLAIMS.—
‘‘(A) IN GENERAL.—Before the end of the 60-day period
beginning on the earlier of—
‘‘(i) the end of the period described in paragraph
(5)(A)(i) with respect to any claim against a System
institution for which the Corporation is receiver; or
‘‘(ii) the date of any notice of disallowance of such
claim pursuant to paragraph (5)(A)(i),
the claimant may request administrative review of the
claim in accordance with paragraph (7) or file suit on
such claim (or continue an action commenced before the
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132 STAT. 4691
appointment of the receiver) in the district or territorial
court of the United States for the district within which
the System institution’s principal place of business is
located or the United States District Court for the District
of Columbia (and such court shall have jurisdiction to hear
such claim).
‘‘(B) STATUTE OF LIMITATIONS.—If any claimant fails
to file suit on such claim (or continue an action commenced
before the appointment of the receiver), before the end
of the 60-day period described in subparagraph (A), the
claim shall be deemed to be disallowed (other than any
portion of such claim which was allowed by the receiver)
as of the end of such period, such disallowance shall be
final, and the claimant shall have no further rights or
remedies with respect to such claim.
‘‘(7) REVIEW OF CLAIMS; ADMINISTRATIVE HEARING.—If any
claimant requests review under this paragraph in lieu of filing
or continuing any action under paragraph (6) and the Corporation agrees to such request, the Corporation shall consider
the claim after opportunity for a hearing on the record. The
final determination of the Corporation with respect to such
claim shall be subject to judicial review under chapter 7 of
title 5, United States Code.
‘‘(8) EXPEDITED DETERMINATION OF CLAIMS.—
‘‘(A) ESTABLISHMENT REQUIRED.—The Corporation shall
establish a procedure for expedited relief outside of the
routine claims process established under paragraph (5) for
claimants who—
‘‘(i) allege the existence of legally valid and enforceable or perfected security interests in assets of any
System institution for which the Corporation has been
appointed receiver; and
‘‘(ii) allege that irreparable injury will occur if
the routine claims procedure is followed.
‘‘(B) DETERMINATION PERIOD.—Before the end of the
90-day period beginning on the date any claim is filed
in accordance with the procedures established pursuant
to subparagraph (A), the Corporation shall—
‘‘(i) determine—
‘‘(I) whether to allow or disallow such claim;
or
‘‘(II) whether such claim should be determined
pursuant to the procedures established pursuant
to paragraph (5); and
‘‘(ii) notify the claimant of the determination, and
if the claim is disallowed, provide a statement of each
reason for the disallowance and the procedure for
obtaining agency review or judicial determination.
‘‘(C) PERIOD FOR FILING OR RENEWING SUIT.—Any
claimant who files a request for expedited relief shall be
permitted to file a suit, or to continue a suit filed before
the appointment of the receiver, seeking a determination
of the claimant’s rights with respect to such security
interest after the earlier of—
‘‘(i) the end of the 90-day period beginning on
the date of the filing of a request for expedited relief;
or
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(ii) the date the Corporation denies the claim.
‘‘(D) STATUTE OF LIMITATIONS.—If an action described
in subparagraph (C) is not filed, or the motion to renew
a previously filed suit is not made, before the end of the
30-day period beginning on the date on which such action
or motion may be filed in accordance with subparagraph
(B), the claim shall be deemed to be disallowed as of
the end of such period (other than any portion of such
claim which was allowed by the receiver), such disallowance
shall be final, and the claimant shall have no further
rights or remedies with respect to such claim.
‘‘(E) LEGAL EFFECT OF FILING.—
‘‘(i) STATUTE OF LIMITATION TOLLED.—For purposes
of any applicable statute of limitations, the filing of
a claim with the receiver shall constitute a commencement of an action.
‘‘(ii) NO PREJUDICE TO OTHER ACTIONS.—Subject
to paragraph (12), the filing of a claim with the receiver
shall not prejudice any right of the claimant to continue
any action which was filed before the appointment
of the receiver.
‘‘(9) AGREEMENT AS BASIS OF CLAIM.—
‘‘(A) REQUIREMENTS.—Except as provided in subparagraph (B), any agreement which does not meet the requirements set forth in section 5.61(d) shall not form the basis
of, or substantially comprise, a claim against the receiver
or the Corporation.
‘‘(B) EXCEPTION TO CONTEMPORANEOUS EXECUTION
REQUIREMENT.—Notwithstanding
section 5.61(d), any
agreement relating to an extension of credit between a
Federal Reserve bank or the United States Treasury and
any System institution which was executed before such
extension of credit to such System institution shall be
treated as having been executed contemporaneously with
such extension of credit for purposes of subparagraph (A).
‘‘(10) PAYMENT OF CLAIMS.—
‘‘(A) IN GENERAL.—The receiver may, in the receiver’s
discretion and to the extent funds are available from the
assets of the System institution, pay creditor claims which
are allowed by the receiver, approved by the Corporation
pursuant to a final determination pursuant to paragraph
(7) or (8), or determined by the final judgment of any
court of competent jurisdiction in such manner and
amounts as are authorized under this Act.
‘‘(B) LIQUIDATION PAYMENTS.—The receiver may, in the
receiver’s sole discretion, pay from the assets of the System
institution portions of proved claims at any time, and no
liability shall attach to the Corporation (in such Corporation’s corporate capacity or as receiver), by reason of any
such payment, for failure to make payments to a claimant
whose claim is not proved at the time of any such payment.
‘‘(C) RULEMAKING AUTHORITY OF CORPORATION.—The
Corporation may prescribe such rules, including definitions
of terms, as it deems appropriate to establish a single
uniform interest rate for or to make payments of post
insolvency interest to creditors holding proven claims
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4693
against the receivership estates of System institutions following satisfaction by the receiver of the principal amount
of all creditor claims.
‘‘(11) PRIORITY OF EXPENSES AND CLAIMS.—
‘‘(A) IN GENERAL.—Amounts realized from the liquidation or other resolution of any System institution by any
receiver appointed for such System institution shall be
distributed to pay claims (other than secured claims to
the extent of any such security) in the following order
of priority:
‘‘(i) Administrative expenses of the receiver.
‘‘(ii) If authorized by the Corporation, wages, salaries, or commissions, including vacation, severance,
and sick leave pay earned by an individual—
‘‘(I) in an amount that is not more than
$11,725 for each individual (as indexed for inflation, by regulation of the Corporation); and
‘‘(II) that is earned 180 days or fewer before
the date of appointment of the Corporation as
receiver.
‘‘(iii) In the case of the resolution of a System
bank, all claims of holders of consolidated and Systemwide bonds and all claims of the other System banks
arising from the payments of the System banks pursuant to—
‘‘(I) section 4.4 on consolidated and Systemwide bonds issued under subsection (c) or (d) of
section 4.2; or
‘‘(II) an agreement, in writing and approved
by the Farm Credit Administration, among the
System banks to reallocate the payments.
‘‘(iv) In the case of the resolution of a production
credit association or other association making direct
loans under section 7.6, all claims of a System bank
based on the financing agreement between the association and the System bank—
‘‘(I) including interest accrued before and after
the appointment of the receiver; and
‘‘(II) not including any setoff for stock or other
equity of that System bank owned by the association, on that condition that, prior to making that
setoff, that System bank shall obtain the approval
of the Farm Credit Administration Board for the
retirement of that stock or equity.
‘‘(v) Any general or senior liability of the System
institution (which is not a liability described in clause
(vi) or (vii)).
‘‘(vi) Any obligation subordinated to general creditors (which is not an obligation described in clause
(vii)).
‘‘(vii) Any obligation to stockholders or members
arising as a result of their status as stockholders or
members.
‘‘(B) PAYMENT OF CLAIMS.—
‘‘(i) IN GENERAL.—
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132 STAT. 4694
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(I) PAYMENT.—All claims of each priority
described in clauses (i) through (vii) of subparagraph (A) shall be paid in full, or provisions shall
be made for that payment, prior to the payment
of any claim of a lesser priority.
‘‘(II) INSUFFICIENT FUNDS.—If there are insufficient funds to pay in full all claims in any priority
described clauses (i) through (vii) of subparagraph
(A), distribution on that priority of claims shall
be made on a pro rata basis.
‘‘(ii) DISTRIBUTION OF REMAINING ASSETS.—Following the payment of all claims in accordance with
subparagraph (A), the receiver shall distribute the
remainder of the assets of the System institution to
the owners of stock, participation certificates, and other
equities in accordance with the priorities for impairment under the bylaws of the System institution.
‘‘(iii) ELIGIBLE BORROWER STOCK.—Notwithstanding subparagraph (C) or any other provision of
this section, eligible borrower stock shall be retired
in accordance with section 4.9A.
‘‘(C) EFFECT OF STATE LAW.—
‘‘(i) IN GENERAL.—The provisions of subparagraph
(A) shall not supersede the law of any State except
to the extent such law is inconsistent with the provisions of such subparagraph, and then only to the extent
of the inconsistency.
‘‘(ii) PROCEDURE FOR DETERMINATION OF INCONSISTENCY.—Upon the Corporation’s own motion or upon
the request of any person with a claim described in
subparagraph (A) or any State which is submitted
to the Corporation in accordance with procedures which
the Corporation shall prescribe, the Corporation shall
determine whether any provision of the law of any
State is inconsistent with any provision of subparagraph (A) and the extent of any such inconsistency.
‘‘(iii) JUDICIAL REVIEW.—The final determination
of the Corporation under clause (ii) shall be subject
to judicial review under chapter 7 of title 5, United
States Code.
‘‘(D) ACCOUNTING REPORT.—Any distribution by the
Corporation in connection with any claim described in
subparagraph (A)(vii) shall be accompanied by the
accounting report required under paragraph (15)(B).
‘‘(12) SUSPENSION OF LEGAL ACTIONS.—
‘‘(A) IN GENERAL.—After the appointment of a conservator or receiver for a System institution, the conservator
or receiver may request a stay for a period not to exceed—
‘‘(i) 45 days, in the case of any conservator; and
‘‘(ii) 90 days, in the case of any receiver,
in any judicial action or proceeding to which such System
institution is or becomes a party.
‘‘(B) GRANT OF STAY BY ALL COURTS REQUIRED.—Upon
receipt of a request by any conservator or receiver pursuant
to subparagraph (A) for a stay of any judicial action or
proceeding in any court with jurisdiction of such action
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132 STAT. 4695
or proceeding, the court shall grant such stay as to all
parties.
‘‘(13) ADDITIONAL RIGHTS AND DUTIES.—
‘‘(A) PRIOR FINAL ADJUDICATION.—The Corporation
shall abide by any final unappealable judgment of any
court of competent jurisdiction which was rendered before
the appointment of the Corporation as conservator or
receiver.
‘‘(B) RIGHTS AND REMEDIES OF CONSERVATOR OR
RECEIVER.—In the event of any appealable judgment, the
Corporation as conservator or receiver shall—
‘‘(i) have all the rights and remedies available to
the System institution (before the appointment of such
conservator or receiver) and the Corporation in its
corporate capacity, including removal to Federal court
and all appellate rights; and
‘‘(ii) not be required to post any bond in order
to pursue such remedies.
‘‘(C) NO ATTACHMENT OR EXECUTION.—No attachment
or execution may issue by any court on—
‘‘(i) assets in the possession of the receiver; or
‘‘(ii) the charter of a System institution for which
the Corporation has been appointed receiver.
‘‘(D) LIMITATION ON JUDICIAL REVIEW.—Except as
otherwise provided in this subsection, no court shall have
jurisdiction over—
‘‘(i) any claim or action for payment from, or any
action seeking a determination of rights with respect
to, the assets of any System institution for which the
Corporation has been appointed receiver, including
assets which the Corporation may acquire from itself
as such receiver; or
‘‘(ii) any claim relating to any act or omission
of such System institution or the Corporation as
receiver.
‘‘(E) DISPOSITION OF ASSETS.—In exercising any right,
power, privilege, or authority as receiver in connection
with any sale or disposition of assets of any System institution for which the Corporation is acting as receiver, the
Corporation shall, to the maximum extent practicable, conduct its operations in a manner which—
‘‘(i) maximizes the net present value return from
the sale or disposition of such assets;
‘‘(ii) minimizes the amount of any loss realized
in the resolution of cases;
‘‘(iii) ensures adequate competition and fair and
consistent treatment of offerors;
‘‘(iv) prohibits discrimination on the basis of race,
sex, or ethnic groups in the solicitation and consideration of offers; and
‘‘(v) mitigates the potential for serious adverse
effects to the rest of the System.
‘‘(14) STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT BY
CONSERVATOR OR RECEIVER.—
‘‘(A) IN GENERAL.—Notwithstanding any provision of
any contract, the applicable statute of limitations with
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PUBLIC LAW 115–334—DEC. 20, 2018
regard to any action brought by the Corporation as conservator or receiver shall be—
‘‘(i) in the case of any contract claim, the longer
of—
‘‘(I) the 6-year period beginning on the date
the claim accrues; or
‘‘(II) the period applicable under State law;
and
‘‘(ii) in the case of any tort claim, the longer of—
‘‘(I) the 3-year period beginning on the date
the claim accrues; or
‘‘(II) the period applicable under State law.
‘‘(B) DETERMINATION OF THE DATE ON WHICH A CLAIM
ACCRUES.—For purposes of subparagraph (A), the date on
which the statute of limitations begins to run on any claim
described in such subparagraph shall be the later of—
‘‘(i) the date of the appointment of the Corporation
as conservator or receiver; or
‘‘(ii) the date on which the cause of action accrues.
‘‘(C) REVIVAL OF EXPIRED STATE CAUSES OF ACTION.—
‘‘(i) IN GENERAL.—In the case of any tort claim
described in clause (ii) for which the statute of limitation applicable under State law with respect to such
claim has expired not more than 5 years before the
appointment of the Corporation as conservator or
receiver, the Corporation may bring an action as conservator or receiver on such claim without regard to
the expiration of the statute of limitation applicable
under State law.
‘‘(ii) CLAIMS DESCRIBED.—A tort claim referred to
in clause (i) is a claim arising from fraud, intentional
misconduct resulting in unjust enrichment, or intentional misconduct resulting in substantial loss to the
System institution.
‘‘(15) ACCOUNTING AND RECORDKEEPING REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Corporation as conservator or
receiver shall, consistent with the accounting and reporting
practices and procedures established by the Corporation,
maintain a full accounting of each conservatorship and
receivership or other disposition of System institutions in
default.
‘‘(B) ANNUAL ACCOUNTING OR REPORT.—With respect
to each conservatorship or receivership to which the Corporation was appointed, the Corporation shall make an
annual accounting or report, as appropriate, available to
the Farm Credit Administration Board.
‘‘(C) AVAILABILITY OF REPORTS.—Any report prepared
pursuant to subparagraph (B) shall be made available by
the Corporation upon request to any stockholder of the
System institution for which the Corporation was appointed
conservator or receiver or any other member of the public.
‘‘(D) RECORDKEEPING REQUIREMENT.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), after the end of the 6-year period beginning on
the date the Corporation is appointed as receiver of
a System institution, the Corporation may destroy any
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132 STAT. 4697
records of such System institution which the Corporation, in the Corporation’s discretion, determines to be
unnecessary unless directed not to do so by a court
of competent jurisdiction or governmental agency, or
prohibited by law.
‘‘(ii) OLD RECORDS.—Notwithstanding clause (i),
the Corporation may destroy records of a System
institution which are at least 10 years old as of the
date on which the Corporation is appointed as the
receiver of such System institution in accordance with
clause (i) at any time after such appointment is final,
without regard to the 6-year period of limitation contained in clause (i).
‘‘(16) FRAUDULENT TRANSFERS.—
‘‘(A) IN GENERAL.—The Corporation, as conservator or
receiver for any System institution, may avoid a transfer
of any interest of a System institution-affiliated party, or
any person who the Corporation determines is a debtor
of the System institution, in property, or any obligation
incurred by such party or person, that was made within
5 years of the date on which the Corporation was appointed
conservator or receiver if such party or person voluntarily
or involuntarily made such transfer or incurred such
liability with the intent to hinder, delay, or defraud the
System institution, the Farm Credit Administration, or
the Corporation.
‘‘(B) RIGHT OF RECOVERY.—To the extent a transfer
is avoided under subparagraph (A), the Corporation may
recover, for the benefit of the System institution, the property transferred, or, if a court so orders, the value of
such property (at the time of such transfer) from—
‘‘(i) the initial transferee of such transfer or the
System institution-affiliated party or person for whose
benefit such transfer was made; or
‘‘(ii) any immediate or mediate transferee of any
such initial transferee.
‘‘(C) RIGHTS OF TRANSFEREE OR OBLIGEE.—The Corporation may not recover under subparagraph (B) from—
‘‘(i) any transferee that takes for value, including
satisfaction or securing of a present or antecedent debt,
in good faith; or
‘‘(ii) any immediate or mediate good faith transferee of such transferee.
‘‘(D) RIGHTS UNDER THIS PARAGRAPH.—The rights under
this paragraph of the Corporation shall be superior to
any rights of a trustee or any other party (other than
any party which is a Federal agency) under title 11, United
States Code.
‘‘(17) ATTACHMENT OF ASSETS AND OTHER INJUNCTIVE
RELIEF.—Subject to paragraph (18), any court of competent
jurisdiction may, at the request of the Corporation (in the
Corporation’s capacity as conservator or receiver for any System
institution or in the Corporation’s corporate capacity with
respect to any asset acquired or liability assumed by the Corporation under section 5.61), issue an order in accordance with
Rule 65 of the Federal Rules of Civil Procedure, including
an order placing the assets of any person designated by the
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PUBLIC LAW 115–334—DEC. 20, 2018
Corporation under the control of the court and appointing a
trustee to hold such assets.
‘‘(18) STANDARDS.—
‘‘(A) SHOWING.—Rule 65 of the Federal Rules of Civil
Procedure shall apply with respect to any proceeding under
paragraph (17) without regard to the requirement of such
rule that the applicant show that the injury, loss, or damage is irreparable and immediate.
‘‘(B) STATE PROCEEDING.—If, in the case of any proceeding in a State court, the court determines that rules
of civil procedure available under the laws of such State
provide substantially similar protections to such party’s
right to due process as Rule 65 (as modified with respect
to such proceeding by subparagraph (A)), the relief sought
by the Corporation pursuant to paragraph (17) may be
requested under the laws of such State.
‘‘(19) TREATMENT OF CLAIMS ARISING FROM BREACH OF CONTRACTS EXECUTED BY THE RECEIVER OR CONSERVATOR.—Notwithstanding any other provision of this subsection, any final
and unappealable judgment for monetary damages entered
against a receiver or conservator for a System institution for
the breach of an agreement executed or approved by such
receiver or conservator after the date of its appointment shall
be paid as an administrative expense of the receiver or conservator. Nothing in this paragraph shall be construed to limit
the power of a receiver or conservator to exercise any rights
under contract or law, including terminating, breaching, canceling, or otherwise discontinuing such agreement.
‘‘(c) PROVISIONS RELATING TO CONTRACTS ENTERED INTO
BEFORE APPOINTMENT OF CONSERVATOR OR RECEIVER.—
‘‘(1) AUTHORITY TO REPUDIATE CONTRACTS.—In addition to
any other rights a conservator or receiver may have, the conservator or receiver for a System institution may disaffirm or
repudiate any contract or lease—
‘‘(A) to which such System institution is a party;
‘‘(B) the performance of which the conservator or
receiver, in the conservator’s or receiver’s discretion, determines to be burdensome; and
‘‘(C) the disaffirmance or repudiation of which the conservator or receiver determines, in the conservator’s or
receiver’s discretion, will promote the orderly administration of the System institution’s affairs.
‘‘(2) TIMING OF REPUDIATION.—The Corporation as conservator or receiver for any System institution shall determine
whether or not to exercise the rights of repudiation under
this subsection within a reasonable period following such
appointment.
‘‘(3) CLAIMS FOR DAMAGES FOR REPUDIATION.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
subparagraph (C) and paragraphs (4), (5), and (6), the
liability of the conservator or receiver for the disaffirmance
or repudiation of any contract pursuant to paragraph (1)
shall be—
‘‘(i) limited to actual direct compensatory damages;
and
‘‘(ii) determined as of—
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‘‘(I) the date of the appointment of the conservator or receiver; or
‘‘(II) in the case of any contract or agreement
referred to in paragraph (8), the date of the
disaffirmance or repudiation of such contract or
agreement.
‘‘(B) NO LIABILITY FOR OTHER DAMAGES.—For purposes
of subparagraph (A), the term ‘actual direct compensatory
damages’ does not include—
‘‘(i) punitive or exemplary damages;
‘‘(ii) damages for lost profits or opportunity; or
‘‘(iii) damages for pain and suffering.
‘‘(C) MEASURE OF DAMAGES FOR REPUDIATION OF FINANCIAL CONTRACTS.—In the case of any qualified financial
contract or agreement to which paragraph (8) applies,
compensatory damages shall be—
‘‘(i) deemed to include normal and reasonable costs
of cover or other reasonable measures of damages utilized in the industries for such contract and agreement
claims; and
‘‘(ii) paid in accordance with this subsection and
subsection (j), except as otherwise specifically provided
in this section.
‘‘(4) LEASES UNDER WHICH THE SYSTEM INSTITUTION IS THE
LESSEE.—
‘‘(A) IN GENERAL.—If the conservator or receiver disaffirms or repudiates a lease under which the System
institution was the lessee, the conservator or receiver shall
not be liable for any damages (other than damages determined pursuant to subparagraph (B)) for the disaffirmance
or repudiation of such lease.
‘‘(B) PAYMENTS OF RENT.—Notwithstanding subparagraph (A), the lessor under a lease to which such subparagraph applies shall—
‘‘(i) be entitled to the contractual rent accruing
before the later of the date—
‘‘(I) the notice of disaffirmance or repudiation
is mailed; or
‘‘(II) the disaffirmance or repudiation becomes
effective, unless the lessor is in default or breach
of the terms of the lease; and
‘‘(ii) have no claim for damages under any acceleration clause or other penalty provision in the lease;
and
‘‘(iii) have a claim for any unpaid rent, subject
to all appropriate offsets and defenses, due as of the
date of the appointment, which shall be paid in accordance with this subsection and subsection (j).
‘‘(5) LEASES UNDER WHICH THE SYSTEM INSTITUTION IS THE
LESSOR.—
‘‘(A) IN GENERAL.—If the conservator or receiver repudiates an unexpired written lease of real property of the
System institution under which the System institution is
the lessor and the lessee is not, as of the date of such
repudiation, in default, the lessee under such lease may
either—
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‘‘(i) treat the lease as terminated by such repudiation; or
‘‘(ii) remain in possession of the leasehold interest
for the balance of the term of the lease, unless the
lessee defaults under the terms of the lease after the
date of such repudiation.
‘‘(B) PROVISIONS APPLICABLE TO LESSEE REMAINING IN
POSSESSION.—If any lessee under a lease described in
subparagraph (A) remains in possession of a leasehold
interest pursuant to clause (ii) of such subparagraph—
‘‘(i) the lessee—
‘‘(I) shall continue to pay the contractual rent
pursuant to the terms of the lease after the date
of the repudiation of such lease; and
‘‘(II) may offset against any rent payment
which accrues after the date of the repudiation
of the lease, any damages which accrue after such
date due to the nonperformance of any obligation
of the System institution under the lease after
such date; and
‘‘(ii) the conservator or receiver shall not be liable
to the lessee for any damages arising after such date
as a result of the repudiation, other than the amount
of any offset allowed under clause (i)(II).
‘‘(6) CONTRACTS FOR THE SALE OF REAL PROPERTY.—
‘‘(A) IN GENERAL.—If the conservator or receiver repudiates any contract that meets the requirements of paragraphs (1) through (4) of section 5.61(d) for the sale of
real property, and the purchaser of such real property
under such contract is in possession and is not, as of
the date of such repudiation, in default, such purchaser
may either—
‘‘(i) treat the contract as terminated by such
repudiation; or
‘‘(ii) remain in possession of such real property.
‘‘(B) PROVISIONS APPLICABLE TO PURCHASER REMAINING
IN POSSESSION.—If any purchaser of real property under
any contract described in subparagraph (A) remains in
possession of such property pursuant to clause (ii) of such
subparagraph—
‘‘(i) the purchaser—
‘‘(I) shall continue to make all payments due
under the contract after the date of the repudiation
of the contract; and
‘‘(II) may offset against any such payments
any damages which accrue after such date due
to the nonperformance (after such date) of any
obligation of the System institution under the contract; and
‘‘(ii) the conservator or receiver shall—
‘‘(I) not be liable to the purchaser for any
damages arising after that date as a result of
the repudiation, other than the amount of any
offset allowed under clause (i)(II);
‘‘(II) deliver title to the purchaser in accordance with the contract; and
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132 STAT. 4701
‘‘(III) have no obligation under the contract,
other than the performance required under subclause (II).
‘‘(C) ASSIGNMENT AND SALE ALLOWED.—
‘‘(i) IN GENERAL.—No provision of this paragraph
shall be construed as limiting the right of the conservator or receiver to assign the contract described in
subparagraph (A) and sell the property subject to the
contract and this paragraph.
‘‘(ii) NO LIABILITY AFTER ASSIGNMENT AND SALE.—
If an assignment and sale described in clause (i) is
consummated, the Corporation, acting as conservator
or receiver, shall have no further liability under the
applicable contract described in subparagraph (A) or
with respect to the real property which was the subject
of such contract.
‘‘(7) PROVISIONS APPLICABLE TO SERVICE CONTRACTS.—
‘‘(A) SERVICES PERFORMED BEFORE APPOINTMENT.—In
the case of any contract for services between any person
and any System institution for which the Corporation has
been appointed conservator or receiver, any claim of such
person for services performed before the appointment of
the conservator or the receiver shall be—
‘‘(i) a claim to be paid in accordance with subsections (b) and (d); and
‘‘(ii) deemed to have arisen as of the date the
conservator or receiver was appointed.
‘‘(B) SERVICES PERFORMED AFTER APPOINTMENT AND
PRIOR TO REPUDIATION.—If, in the case of any contract
for services described in subparagraph (A), the conservator
or receiver accepts performance by the other person before
the conservator or receiver makes any determination to
exercise the right of repudiation of such contract under
this section—
‘‘(i) the other party shall be paid under the terms
of the contract for the services performed; and
‘‘(ii) the amount of such payment shall be treated
as an administrative expense of the conservatorship
or receivership.
‘‘(C) ACCEPTANCE OF PERFORMANCE NO BAR TO SUBSEQUENT REPUDIATION.—The acceptance by any conservator
or receiver of services referred to in subparagraph (B)
in connection with a contract described in such subparagraph shall not affect the right of the conservator or
receiver, to repudiate such contract under this section at
any time after such performance.
‘‘(8) CERTAIN QUALIFIED FINANCIAL CONTRACTS.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) COMMODITY CONTRACT.—The term ‘commodity
contract’ means—
‘‘(I) with respect to a futures commission merchant, a contract for the purchase or sale of a
commodity for future delivery on, or subject to
the rules of, a contract market or board of trade;
‘‘(II) with respect to a foreign futures commission merchant, a foreign future;
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132 STAT. 4702
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(III) with respect to a leverage transaction
merchant, a leverage transaction;
‘‘(IV) with respect to a clearing organization,
a contract for the purchase or sale of a commodity
for future delivery on, or subject to the rules of,
a contract market or board of trade that is cleared
by such clearing organization, or commodity option
traded on, or subject to the rules of, a contract
market or board of trade that is cleared by such
clearing organization;
‘‘(V) with respect to a commodity options
dealer, a commodity option;
‘‘(VI) any other agreement or transaction that
is similar to any agreement or transaction referred
to in this clause;
‘‘(VII) any combination of the agreements or
transactions referred to in this clause;
‘‘(VIII) any option to enter into any agreement
or transaction referred to in this clause;
‘‘(IX) a master agreement that provides for
an agreement or transaction referred to in any
of subclauses (I) through (VIII), together with all
supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not
a commodity contract under this clause, except
that the master agreement shall be considered
to be a commodity contract under this clause only
with respect to each agreement or transaction
under the master agreement that is referred to
in subclause (I), (II), (III), (IV), (V), (VI), (VII),
or (VIII); or
‘‘(X) any security agreement or arrangement
or other credit enhancement related to any agreement or transaction referred to in this clause,
including any guarantee or reimbursement obligation in connection with any agreement or transaction referred to in this clause.
‘‘(ii) FORWARD CONTRACT.—The term ‘forward contract’ means—
‘‘(I) a contract (other than a commodity contract) for the purchase, sale, or transfer of a commodity or any similar good, article, service, right,
or interest which is presently or in the future
becomes the subject of dealing in the forward contract trade, or product or byproduct thereof, with
a maturity date more than 2 days after the date
the contract is entered into, including a repurchase
or reverse repurchase transaction (whether or not
such repurchase or reverse repurchase transaction
is a repurchase agreement), consignment, lease,
swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any
other similar agreement;
‘‘(II) any combination of agreements or transactions referred to in subclauses (I) and (III);
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132 STAT. 4703
‘‘(III) any option to enter into any agreement
or transaction referred to in subclause (I) or (II);
‘‘(IV) a master agreement that provides for
an agreement or transaction referred to in subclauses (I) through (III), together with all supplements to any such master agreement, without
regard to whether the master agreement provides
for an agreement or transaction that is not a forward contract under this clause, except that the
master agreement shall be considered to be a forward contract under this clause only with respect
to each agreement or transaction under the master
agreement that is referred to in subclause (I), (II),
or (III); or
‘‘(V) any security agreement or arrangement
or other credit enhancement related to any agreement or transaction referred to in subclause (I),
(II), (III), or (IV), including any guarantee or
reimbursement obligation in connection with any
agreement or transaction referred to in any such
subclause.
‘‘(iii) PERSON.—The term ‘person’—
‘‘(I) has the meaning given the term in section
1 of title 1, United States Code; and
‘‘(II) includes any governmental entity.
‘‘(iv) QUALIFIED FINANCIAL CONTRACT.—The term
‘qualified financial contract’ means any securities contract, commodity contract, forward contract, repurchase
agreement, swap agreement, and any similar agreement that the Corporation determines by regulation,
resolution, or order to be a qualified financial contract
for purposes of this paragraph.
‘‘(v) REPURCHASE AGREEMENT.—
‘‘(I) IN GENERAL.—The term ‘repurchase agreement’ (including with respect to a reverse
repurchase agreement)—
‘‘(aa) means—
‘‘(AA) an agreement, including related
terms, which provides for the transfer of
one or more certificates of deposit, mortgage-related securities (as such term is
defined in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a))),
mortgage loans, interests in mortgagerelated securities or mortgage loans,
eligible bankers’ acceptances, qualified
foreign government securities or securities
that are direct obligations of, or that are
fully guaranteed by, the United States or
any agency of the United States against
the transfer of funds by the transferee
of such certificates of deposit, eligible
bankers’ acceptances, securities, mortgage
loans, or interests with a simultaneous
agreement by such transferee to transfer
to the transferor thereof certificates of
deposit, eligible bankers’ acceptances,
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132 STAT. 4704
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securities, mortgage loans, or interests as
described above, at a date certain not later
than 1 year after such transfers or on
demand, against the transfer of funds, or
any other similar agreement;
‘‘(BB) any combination of agreements
or transactions referred to in subitems
(AA) and (CC);
‘‘(CC) any option to enter into any
agreement or transaction referred to in
subitem (AA) or (BB);
‘‘(DD) a master agreement that provides for an agreement or transaction
referred to in subitem (AA), (BB), or (CC),
together with all supplements to any such
master agreement, without regard to
whether the master agreement provides
for an agreement or transaction that is
not a repurchase agreement under this
item, except that the master agreement
shall be considered to be a repurchase
agreement under this item only with
respect to each agreement or transaction
under the master agreement that is
referred to in subitem (AA), (BB), or (CC);
and
‘‘(EE) any security agreement or
arrangement or other credit enhancement
related to any agreement or transaction
referred to in any of subitems (AA)
through (DD), including any guarantee or
reimbursement obligation in connection
with any agreement or transaction
referred to in any such subitem; and
‘‘(bb) does not include any repurchase
obligation under a participation in a commercial mortgage, loan unless the Corporation
determines by regulation, resolution, or order
to include any such participation within the
meaning of such term.
‘‘(II) RELATED DEFINITION.—For purposes of
subclause (I)(aa), the term ‘qualified foreign
government security’ means a security that is a
direct obligation of, or that is fully guaranteed
by, the central government of a member of the
Organization for Economic Cooperation and
Development (as determined by regulation or order
adopted by the appropriate Federal banking
authority).
‘‘(vi) SECURITIES CONTRACT.—The term ‘securities
contract’—
‘‘(I) means—
‘‘(aa) a contract for the purchase, sale,
or loan of a security, a certificate of deposit,
a mortgage loan, any interest in a mortgage
loan, a group or index of securities, certificates
of deposit, or mortgage loans or interests
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4705
therein (including any interest therein or
based on the value thereof) or any option on
any of the foregoing, including any option to
purchase or sell any such security, certificate
of deposit, mortgage loan, interest, group or
index, or option, and including any repurchase
or reverse repurchase transaction on any such
security, certificate of deposit, mortgage loan,
interest, group or index, or option (whether
or not the repurchase or reverse repurchase
transaction is a repurchase agreement);
‘‘(bb) any option entered into on a national
securities exchange relating to foreign currencies;
‘‘(cc) the guarantee (including by novation)
by or to any securities clearing agency of any
settlement of cash, securities, certificates of
deposit, mortgage loans or interests therein,
group or index of securities, certificates of
deposit, or mortgage loans or interests therein
(including any interest therein or based on
the value thereof) or option on any of the
foregoing, including any option to purchase
or sell any such security, certificate of deposit,
mortgage loan, interest, group or index, or
option (whether or not the settlement is in
connection with any agreement or transaction
referred to in any of items (aa), (bb), and (dd)
through (kk));
‘‘(dd) any margin loan;
‘‘(ee) any extension of credit for the clearance or settlement of securities transactions;
‘‘(ff) any loan transaction coupled with a
securities collar transaction, any prepaid securities forward transaction, or any total return
swap transaction coupled with a securities sale
transaction;
‘‘(gg) any other agreement or transaction
that is similar to any agreement or transaction
referred to in this subclause;
‘‘(hh) any combination of the agreements
or transactions referred to in this subclause;
‘‘(ii) any option to enter into any agreement or transaction referred to in this subclause;
‘‘(jj) a master agreement that provides for
an agreement or transaction referred to in
any of items (aa) through (ii), together with
all supplements to any such master agreement, without regard to whether the master
agreement provides for an agreement or transaction that is not a securities contract under
this subclause, except that the master agreement shall be considered to be a securities
contract under this subclause only with
respect to each agreement or transaction
under the master agreement that is referred
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132 STAT. 4706
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to in item (aa), (bb), (cc), (dd), (ee), (ff), (gg),
(hh), or (ii); and
‘‘(kk) any security agreement or arrangement or other credit enhancement related to
any agreement or transaction referred to in
this subclause, including any guarantee or
reimbursement obligation in connection with
any agreement or transaction referred to in
this subclause; and
‘‘(II) does not include any purchase, sale, or
repurchase obligation under a participation in a
commercial mortgage loan unless the Corporation
determines by regulation, resolution, or order to
include any such agreement within the meaning
of such term.
‘‘(vii) SWAP AGREEMENT.—The term ‘swap agreement’ means—
‘‘(I) any agreement, including the terms and
conditions incorporated by reference in any such
agreement, that is—
‘‘(aa) an interest rate swap, option, future,
or forward agreement, including a rate floor,
rate cap, rate collar, cross-currency rate swap,
and basis swap;
‘‘(bb) a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange
precious metals or other commodity agreement;
‘‘(cc) a currency swap, option, future, or
forward agreement;
‘‘(dd) an equity index or equity swap,
option, future, or forward agreement;
‘‘(ee) a debt index or debt swap, option,
future, or forward agreement;
‘‘(ff) a total return, credit spread or credit
swap, option, future, or forward agreement;
‘‘(gg) a commodity index or commodity
swap, option, future, or forward agreement;
‘‘(hh) a weather swap, option, future, or
forward agreement;
‘‘(ii) an emissions swap, option, future, or
forward agreement; or
‘‘(jj) an inflation swap, option, future, or
forward agreement;
‘‘(II) any agreement or transaction that is
similar to any other agreement or transaction
referred to in this clause and that is of a type
that has been, is presently, or in the future
becomes, the subject of recurrent dealings in the
swap or other derivatives markets (including terms
and conditions incorporated by reference in such
agreement) and that is a forward, swap, future,
option or spot transaction on one or more rates,
currencies, commodities, equity securities or other
equity instruments, debt securities or other debt
instruments, quantitative measures associated
with an occurrence, extent of an occurrence, or
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contingency associated with a financial, commercial, or economic consequence, or economic or
financial indices or measures of economic or financial risk or value;
‘‘(III) any combination of agreements or transactions referred to in this clause;
‘‘(IV) any option to enter into any agreement
or transaction referred to in this clause;
‘‘(V) a master agreement that provides for an
agreement or transaction referred to in any of
subclauses (I) through (IV), together with all
supplements to any such master agreement, without regard to whether the master agreement contains an agreement or transaction that is not a
swap agreement under this clause, except that
the master agreement shall be considered to be
a swap agreement under this clause only with
respect to each agreement or transaction under
the master agreement that is referred to in subclause (I), (II), (III), or (IV); and
‘‘(VI) any security agreement or arrangement
or other credit enhancement related to any agreements or transactions referred to in any of subclauses (I) through (V), including any guarantee
or reimbursement obligation in connection with
any agreement or transaction referred to in any
such subclause.
‘‘(viii) TRANSFER.—The term ‘transfer’ means every
mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with
property or with an interest in property, including
retention of title as a security interest and foreclosure
of the equity of redemption of a System institution.
‘‘(ix) TREATMENT OF MASTER AGREEMENT AS 1
AGREEMENT.—For purposes of this subparagraph—
‘‘(I) any master agreement for any contract
or agreement described in this subparagraph (or
any master agreement for such a master agreement or agreements), together with all supplements to the master agreement, shall be treated
as a single agreement and a single qualified financial contact; and
‘‘(II) if a master agreement contains provisions
relating to agreements or transactions that are
not qualified financial contracts, the master agreement shall be deemed to be a qualified financial
contract only with respect to those transactions
that are themselves qualified financial contracts.
‘‘(B) RIGHTS OF PARTIES TO CONTRACTS.—Subject to
paragraphs (9) and (10), and notwithstanding any other
provision of this Act (other than subsection (b)(9) and section 5.61(d)) or any other Federal or State law, no person
shall be stayed or prohibited from exercising—
‘‘(i) any right such person has to cause the termination, liquidation, or acceleration of any qualified
financial contract with a System institution which
arises upon the appointment of the Corporation as
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receiver for such System institution at any time after
such appointment;
‘‘(ii) any right under any security agreement or
arrangement or other credit enhancement related to
one or more qualified financial contracts described in
clause (i); or
‘‘(iii) any right to offset or net out any termination
value, payment amount, or other transfer obligation
arising under, or in connection with, 1 or more contracts and agreements described in clause (i), including
any master agreement for such contracts or agreements.
‘‘(C) APPLICABILITY OF OTHER PROVISIONS.—Subsection
(b)(12) shall apply in the case of any judicial action or
proceeding brought against any receiver referred to in
subparagraph (A), or the System institution for which such
receiver was appointed, by any party to a contract or agreement described in subparagraph (B)(i) with such System
institution.
‘‘(D) CERTAIN TRANSFERS NOT AVOIDABLE.—
‘‘(i) IN GENERAL.—Notwithstanding paragraph (11)
or any other Federal or State law relating to the avoidance of preferential or fraudulent transfers, the Corporation, whether acting as such or as conservator
or receiver of a System institution, may not avoid
any transfer of money or other property in connection
with any qualified financial contract with a System
institution.
‘‘(ii) EXCEPTION FOR CERTAIN TRANSFERS.—Clause
(i) shall not apply to any transfer of money or other
property in connection with any qualified financial contract with a System institution if the Corporation
determines that the transferee had actual intent to
hinder, delay, or defraud such System institution, the
creditors of such System institution, or any conservator
or receiver appointed for such System institution.
‘‘(E) CERTAIN PROTECTIONS IN EVENT OF APPOINTMENT
OF CONSERVATOR.—Notwithstanding any other provision of
this Act (other than subparagraph (G), paragraph (10),
subsection (b)(9), and section 5.61(d)) or any other Federal
or State law, no person shall be stayed or prohibited from
exercising—
‘‘(i) any right such person has to cause the termination, liquidation, or acceleration of any qualified
financial contract with a System institution in a conservatorship based upon a default under such financial
contract which is enforceable under applicable noninsolvency law;
‘‘(ii) any right under any security agreement or
arrangement or other credit enhancement related to
one or more qualified financial contracts described in
clause (i); and
‘‘(iii) any right to offset or net out any termination
values, payment amounts, or other transfer obligations
arising under or in connection with such qualified
financial contracts.
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132 STAT. 4709
‘‘(F) CLARIFICATION.—No provision of law shall be construed as limiting the right or power of the Corporation,
or authorizing any court or agency to limit or delay, in
any manner, the right or power of the Corporation to
transfer any qualified financial contract in accordance with
paragraphs (9) and (10) or to disaffirm or repudiate any
such contract in accordance with paragraph (1).
‘‘(G) WALKAWAY CLAUSES NOT EFFECTIVE.—
‘‘(i) DEFINITION OF WALKAWAY CLAUSE.—In this
subparagraph, the term ‘walkaway clause’ means any
provision in a qualified financial contract that suspends, conditions, or extinguishes a payment obligation
of a party, in whole or in part, or does not create
a payment obligation of a party that would otherwise
exist—
‘‘(I) solely because of—
‘‘(aa) the status of the party as a nondefaulting party in connection with the insolvency of a System institution that is a party
to the contract; or
‘‘(bb) the appointment of, or the exercise
of rights or powers by, the Corporation as
a conservator or receiver of the System institution; and
‘‘(II) not as a result of the exercise by a party
of any right to offset, setoff, or net obligations
that exist under—
‘‘(aa) the contract;
‘‘(bb) any other contract between those
parties; or
‘‘(cc) applicable law.
‘‘(ii) TREATMENT.—Notwithstanding the provisions
of subparagraphs (B) and (E), no walkaway clause
shall be enforceable in a qualified financial contract
of a System institution in default.
‘‘(iii) LIMITED SUSPENSION OF CERTAIN OBLIGATIONS.—In the case of a qualified financial contract
referred to in clause (ii), any payment or delivery
obligations otherwise due from a party pursuant to
the qualified financial contract shall be suspended from
the time the receiver is appointed until the earlier
of—
‘‘(I) the time such party receives notice that
such contract has been transferred pursuant to
subparagraph (B); or
‘‘(II) 5:00 p.m. (eastern time) on the business
day following the date of the appointment of the
receiver.
‘‘(H) RECORDKEEPING REQUIREMENTS.—The Corporation, in consultation with the Farm Credit Administration,
may prescribe regulations requiring more detailed recordkeeping by any System institution with respect to qualified
financial contracts (including market valuations), only if
such System institution is subject to subclause (I), (III),
or (IV) of section 5.61B(a)(1)(A)(ii).
‘‘(9) TRANSFER OF QUALIFIED FINANCIAL CONTRACTS.—
‘‘(A) DEFINITIONS.—In this paragraph:
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(i) CLEARING ORGANIZATION.—The term ‘clearing
organization’ has the meaning given the term in section
402 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (12 U.S.C. 4402).
‘‘(ii) FINANCIAL INSTITUTION.—The term ‘financial
institution’ means a System institution, a broker or
dealer, a depository institution, a futures commission
merchant, or any other institution, as determined by
the Corporation by regulation to be a financial institution.
‘‘(B) REQUIREMENT.—In making any transfer of assets
or liabilities of a System institution in default which
includes any qualified financial contract, the conservator
or receiver for such System institution shall either—
‘‘(i) transfer to one financial institution, other than
a financial institution for which a conservator, receiver,
trustee in bankruptcy, or other legal custodian has
been appointed, or that is otherwise the subject of
a bankruptcy or insolvency proceeding—
‘‘(I) all qualified financial contracts between
any person or any affiliate of such person and
the System institution in default;
‘‘(II) all claims of such person or any affiliate
of such person against such System institution
under any such contract (other than any claim
which, under the terms of any such contract, is
subordinated to the claims of general unsecured
creditors of such System institution);
‘‘(III) all claims of such System institution
against such person or any affiliate of such person
under any such contract; and
‘‘(IV) all property securing or any other credit
enhancement for any contract described in subclause (I) or any claim described in subclause (II)
or (III) under any such contract; or
‘‘(ii) transfer none of the qualified financial contracts, claims, property or other credit enhancement
referred to in clause (i) (with respect to such person
and any affiliate of such person).
‘‘(C) TRANSFER TO FOREIGN BANK, FOREIGN FINANCIAL
INSTITUTION, OR BRANCH OR AGENCY OF A FOREIGN BANK
OR FINANCIAL INSTITUTION.—In transferring any qualified
financial contracts and related claims and property under
subparagraph (B)(i), the conservator or receiver for the
System institution shall not make such transfer to a foreign
bank, financial institution organized under the laws of
a foreign country, or a branch or agency of a foreign bank
or financial institution unless, under the law applicable
to such bank, financial institution, branch or agency, to
the qualified financial contracts, and to any netting contract, any security agreement or arrangement or other
credit enhancement related to one or more qualified financial contracts, the contractual rights of the parties to such
qualified financial contracts, netting contracts, security
agreements or arrangements, or other credit enhancements
are enforceable substantially to the same extent as permitted under this section.
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‘‘(D) TRANSFER OF CONTRACTS SUBJECT TO THE RULES
OF A CLEARING ORGANIZATION.—In the event that a conservator or receiver transfers any qualified financial contract
and related claims, property, and credit enhancements
pursuant to subparagraph (B)(i) and such contract is
cleared by or subject to the rules of a clearing organization,
the clearing organization shall not be required to accept
the transferee as a member by virtue of the transfer.
‘‘(10) NOTIFICATION OF TRANSFER.—
‘‘(A) DEFINITION OF BUSINESS DAY.—In this paragraph,
the term ‘business day’ means any day other than any
Saturday, Sunday, or any day on which either the New
York Stock Exchange or the Federal Reserve Bank of New
York is closed.
‘‘(B) NOTIFICATION.—If—
‘‘(i) the conservator or receiver for a System institution in default makes any transfer of the assets and
liabilities of such System institution; and
‘‘(ii) the transfer includes any qualified financial
contract, the conservator or receiver shall notify any
person who is a party to any such contract of such
transfer by 5:00 p.m. (eastern time) on the business
day following the date of the appointment of the
receiver in the case of a receivership, or the business
day following such transfer in the case of a conservatorship.
‘‘(C) CERTAIN RIGHTS NOT ENFORCEABLE.—
‘‘(i) RECEIVERSHIP.—A person who is a party to
a qualified financial contract with a System institution
may not exercise any right that such person has to
terminate, liquidate, or net such contract under paragraph (8)(B) of this subsection, solely by reason of
or incidental to the appointment of a receiver for the
System institution (or the insolvency or financial condition of the System institution for which the receiver
has been appointed)—
‘‘(I) until 5:00 p.m. (eastern time) on the business day following the date of the appointment
of the receiver; or
‘‘(II) after the person has received notice that
the contract has been transferred pursuant to
paragraph (9)(B).
‘‘(ii) CONSERVATORSHIP.—A person who is a party
to a qualified financial contract with a System institution may not exercise any right that such person has
to terminate, liquidate, or net such contract under
paragraph (8)(E) of this subsection, solely by reason
of or incidental to the appointment of a conservator
for the System institution (or the insolvency or financial condition of the System institution for which the
conservator has been appointed).
‘‘(iii) NOTICE.—For purposes of this paragraph, the
Corporation as receiver or conservator of a System
institution shall be deemed to have notified a person
who is a party to a qualified financial contract with
such System institution if the Corporation has taken
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132 STAT. 4712
PUBLIC LAW 115–334—DEC. 20, 2018
steps reasonably calculated to provide notice to such
person by the time specified in subparagraph (B).
‘‘(D) TREATMENT OF BRIDGE SYSTEM INSTITUTIONS.—
The following System institutions shall not be considered
to be a financial institution for which a conservator,
receiver, trustee in bankruptcy, or other legal custodian
has been appointed or which is otherwise the subject of
a bankruptcy or insolvency proceeding for purposes of paragraph (9):
‘‘(i) A bridge System bank.
‘‘(ii) A System institution organized by the Corporation or the Farm Credit Administration, for which
a conservator is appointed either—
‘‘(I) immediately upon the organization of the
System institution; or
‘‘(II) at the time of a purchase and assumption
transaction between the System institution and
the Corporation as receiver for a System institution in default.
‘‘(11) DISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINANCIAL CONTRACTS.—In exercising the rights of disaffirmance or
repudiation of a conservator or receiver with respect to any
qualified financial contract to which a System institution is
a party, the conservator or receiver for such System institution
shall either—
‘‘(A) disaffirm or repudiate all qualified financial contracts between—
‘‘(i) any person or any affiliate of such person;
and
‘‘(ii) the System institution in default; or
‘‘(B) disaffirm or repudiate none of the qualified financial contracts referred to in subparagraph (A) (with respect
to such person or any affiliate of such person).
‘‘(12) CERTAIN SECURITY INTERESTS NOT AVOIDABLE.—No
provision of this subsection shall be construed as permitting
the avoidance of any legally enforceable or perfected security
interest in any of the assets of any System institution except
where such an interest is taken in contemplation of the System
institution’s insolvency or with the intent to hinder, delay,
or defraud the System institution or the creditors of such
System institution.
‘‘(13) AUTHORITY TO ENFORCE CONTRACTS.—
‘‘(A) IN GENERAL.—The conservator or receiver may
enforce any contract, other than a director’s or officer’s
liability insurance contract or a System institution bond,
entered into by the System institution notwithstanding
any provision of the contract providing for termination,
default, acceleration, or exercise of rights upon, or solely
by reason of, insolvency or the appointment of or the exercise of rights or powers by a conservator or receiver.
‘‘(B) CERTAIN RIGHTS NOT AFFECTED.—No provision of
this paragraph may be construed as impairing or affecting
any right of the conservator or receiver to enforce or recover
under a director’s or officer’s liability insurance contract
or institution bond under other applicable law.
‘‘(C) CONSENT REQUIREMENT.—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4713
‘‘(i) IN GENERAL.—Except as otherwise provided
by this section, no person may exercise any right or
power to terminate, accelerate, or declare a default
under any contract to which the System institution
is a party, or to obtain possession of or exercise control
over any property of the System institution or affect
any contractual rights of the System institution, without the consent of the conservator or receiver, as appropriate, during the 45-day period beginning on the date
of the appointment of the conservator, or during the
90-day period beginning on the date of the appointment
of the receiver, as applicable.
‘‘(ii) CERTAIN EXCEPTIONS.—No provision of this
subparagraph shall apply to a director or officer
liability insurance contract or an institution bond, to
the rights of parties to certain qualified financial contracts pursuant to paragraph (8), or shall be construed
as permitting the conservator or receiver to fail to
comply with otherwise enforceable provisions of such
contract.
‘‘(14) EXCEPTION FOR FEDERAL RESERVE AND THE UNITED
STATES TREASURY.—No provision of this subsection shall apply
with respect to—
‘‘(A) any extension of credit from any Federal Reserve
bank or the United States Treasury to any System institution; or
‘‘(B) any security interest in the assets of the System
institution securing any such extension of credit.
‘‘(15) SAVINGS CLAUSE.—The meanings of terms used in
this subsection—
‘‘(A) are applicable for purposes of this subsection only;
and
‘‘(B) shall not be construed or applied so as to challenge
or affect the characterization, definition, or treatment of
any similar terms under any other law, regulation, or rule,
including—
‘‘(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811
note; Public Law 106–102);
‘‘(ii) the Legal Certainty for Bank Products Act
of 2000 (7 U.S.C. 27 et seq.);
‘‘(iii) the securities laws (as that term is defined
in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a))); and
‘‘(iv) the Commodity Exchange Act (7 U.S.C. 1
et seq.).
‘‘(d) VALUATION OF CLAIMS IN DEFAULT.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
Federal law or the law of any State and regardless of the
method which the Corporation determines to utilize with
respect to a System institution in default or in danger of
default, including transactions authorized under subsection (h)
and section 5.61(a), this subsection shall govern the rights
of the creditors of such System institution.
‘‘(2) MAXIMUM LIABILITY.—The maximum liability of the
Corporation, acting as receiver or in any other capacity, to
any person having a claim against the receiver or the System
institution for which such receiver is appointed shall equal
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132 STAT. 4714
PUBLIC LAW 115–334—DEC. 20, 2018
the amount such claimant would have received if the Corporation had liquidated the assets and liabilities of such System
institution without exercising the Corporation’s authority under
subsection (h) or section 5.61(a).
‘‘(3) ADDITIONAL PAYMENTS AUTHORIZED.—
‘‘(A) IN GENERAL.—The Corporation may, in its discretion and in the interests of minimizing its losses, use
its own resources to make additional payments or credit
additional amounts to or with respect to or for the account
of any claimant or category of claimants. Notwithstanding
any other provision of Federal or State law, or the constitution of any State, the Corporation shall not be obligated,
as a result of having made any such payment or credited
any such amount to or with respect to or for the account
of any claimant or category of claimants, to make payments
to any other claimant or category of claimants.
‘‘(B) MANNER OF PAYMENT.—The Corporation may
make the payments or credit the amounts specified in
subparagraph (A) directly to the claimants or may make
such payments or credit such amounts to an open System
institution to induce such System institution to accept
liability for such claims.
‘‘(e) LIMITATION ON COURT ACTION.—Except as provided in this
section, no court may take any action, except at the written request
of the Board of Directors, to restrain or affect the exercise of
powers or functions of the Corporation as a conservator or a
receiver.
‘‘(f) LIABILITY OF DIRECTORS AND OFFICERS.—
‘‘(1) IN GENERAL.—A director or officer of a System institution may be held personally liable for monetary damages in
any civil action—
‘‘(A) brought by, on behalf of, or at the request or
direction of the Corporation;
‘‘(B) prosecuted wholly or partially for the benefit of
the Corporation—
‘‘(i) acting as conservator or receiver of that System
institution;
‘‘(ii) acting based on a suit, claim, or cause of
action purchased from, assigned by, or otherwise conveyed by that receiver or conservator; or
‘‘(iii) acting based on a suit, claim, or cause of
action purchased from, assigned by, or otherwise conveyed in whole or in part by a System institution
or an affiliate of a System institution in connection
with assistance provided under section 5.61(a); and
‘‘(C) for, as determined under the applicable State
law—
‘‘(i) gross negligence; or
‘‘(ii) any similar conduct, including conduct that
demonstrates a greater disregard of a duty of care
than gross negligence, such as intentional tortious conduct.
‘‘(2) EFFECT.—Nothing in paragraph (1) impairs or affects
any right of the Corporation under any other applicable law.
‘‘(g) DAMAGES.—In any proceeding related to any claim against
a System institution’s director, officer, employee, agent, attorney,
accountant, appraiser, or any other party employed by or providing
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4715
services to a System institution, recoverable damages determined
to result from the improvident or otherwise improper use or investment of any System institution’s assets shall include principal losses
and appropriate interest.
‘‘(h) BRIDGE FARM CREDIT SYSTEM BANKS.—
‘‘(1) ORGANIZATION.—
‘‘(A) PURPOSE.—
‘‘(i) IN GENERAL.—When 1 or more System banks
are in default, or when the Corporation anticipates
that 1 or more System banks may become in default,
the Corporation may, in its discretion, organize, and
the Farm Credit Administration may, in its discretion,
charter, 1 or more System banks, with the powers
and attributes of System banks, subject to the provisions of this subsection, to be referred to as ‘bridge
System banks’.
‘‘(ii) INTENT OF CONGRESS.—It is the intent of the
Congress that, in order to prevent unnecessary hardship or losses to the customers of any System bank
in default with respect to which a bridge System bank
is chartered, the Corporation should—
‘‘(I) continue to honor commitments made by
the System bank in default to creditworthy customers; and
‘‘(II) not interrupt or terminate adequately
secured loans which are transferred under this
subsection and are being repaid by the debtor in
accordance with the terms of the loan instrument.
‘‘(B) AUTHORITIES.—Once chartered by the Farm Credit
Administration, the bridge System bank may—
‘‘(i) assume such liabilities of the System bank
or banks in default or in danger of default as the
Corporation may, in its discretion, determine to be
appropriate;
‘‘(ii) purchase such assets of the System bank or
banks in default or in danger of default as the Corporation may, in its discretion, determine to be appropriate;
and
‘‘(iii) perform any other temporary function which
the Corporation may, in its discretion, prescribe in
accordance with this Act.
‘‘(C) ARTICLES OF ASSOCIATION.—The articles of association and organization certificate of a bridge System bank
as approved by the Corporation shall be executed by 3
representatives designated by the Corporation.
‘‘(D) INTERIM DIRECTORS.—A bridge System bank shall
have an interim board of directors consisting of not fewer
than 5 nor more than 10 members appointed by the Corporation.
‘‘(2) CHARTERING.—
‘‘(A) CONDITIONS.—The Farm Credit Administration
may charter a bridge System bank only if the Board of
Directors determines that—
‘‘(i) the amount which is reasonably necessary to
operate such bridge System bank will not exceed the
amount which is reasonably necessary to save the cost
of liquidating 1 or more System banks in default or
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132 STAT. 4716
PUBLIC LAW 115–334—DEC. 20, 2018
in danger of default with respect to which the bridge
System bank is chartered;
‘‘(ii) the continued operation of such System bank
or banks in default or in danger of default with respect
to which the bridge System bank is chartered is essential to provide adequate farm credit services in the
1 or more communities where each such System bank
in default or in danger of default is or was providing
those farm credit services; or
‘‘(iii) the continued operation of such System bank
or banks in default or in danger of default with respect
to which the bridge System bank is chartered is in
the best interest of the Farm Credit System or the
public.
‘‘(B) BRIDGE SYSTEM BANK TREATED AS BEING IN
DEFAULT FOR CERTAIN PURPOSES.—A bridge System bank
shall be treated as being in default at such times and
for such purposes as the Corporation may, in its discretion,
determine.
‘‘(C) MANAGEMENT.—A bridge System bank, upon the
granting of its charter, shall be under the management
of a board of directors consisting of not fewer than 5 nor
more than 10 members appointed by the Corporation, in
consultation with the Farm Credit Administration.
‘‘(D) BYLAWS.—The board of directors of a bridge
System bank shall adopt such bylaws as may be approved
by the Corporation.
‘‘(3) TRANSFER OF ASSETS AND LIABILITIES.—
‘‘(A) TRANSFER UPON GRANT OF CHARTER.—Upon the
granting of a charter to a bridge System bank pursuant
to this subsection, the Corporation, as receiver, may
transfer any assets and liabilities of the System bank to
the bridge System bank in accordance with paragraph (1).
‘‘(B) SUBSEQUENT TRANSFERS.—At any time after a
charter is granted to a bridge System bank, the Corporation, as receiver, may transfer any assets and liabilities
of such System bank in default as the Corporation may,
in its discretion, determine to be appropriate in accordance
with paragraph (1).
‘‘(C) EFFECTIVE WITHOUT APPROVAL.—The transfer of
any assets or liabilities of a System bank in default or
danger of default transferred to a bridge System bank
shall be effective without any further approval under Federal or State law, assignment, or consent with respect
thereto.
‘‘(4) POWERS OF BRIDGE SYSTEM BANKS.—Each bridge
System bank chartered under this subsection shall, to the
extent described in the charter of the System bank in default
with respect to which the bridge System bank is chartered,
have all corporate powers of, and be subject to the same provisions of law as, any System bank, except that—
‘‘(A) the Corporation may—
‘‘(i) remove the interim directors and directors of
a bridge System bank;
‘‘(ii) fix the compensation of members of the interim
board of directors and the board of directors and senior
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132 STAT. 4717
management, as determined by the Corporation in its
discretion, of a bridge System bank; and
‘‘(iii) waive any requirement established under
Federal or State law which would otherwise be
applicable with respect to directors of a bridge System
bank, on the condition that the waiver of any requirement established by the Farm Credit Administration
shall require the concurrence of the Farm Credit
Administration;
‘‘(B) the Corporation may indemnify the representatives for purposes of paragraph (1)(B) and the interim
directors, directors, officers, employees, and agents of a
bridge System bank on such terms as the Corporation
determines to be appropriate;
‘‘(C) no requirement under any provision of law relating
to the capital of a System institution shall apply with
respect to a bridge System bank;
‘‘(D) the Farm Credit Administration Board may establish a limitation on the extent to which any person may
become indebted to a bridge System bank without regard
to the amount of the bridge System bank’s capital or surplus;
‘‘(E)(i) the board of directors of a bridge System bank
shall elect a chairperson who may also serve in the position
of chief executive officer, except that such person shall
not serve either as chairperson or as chief executive officer
without the prior approval of the Corporation; and
‘‘(ii) the board of directors of a bridge System bank
may appoint a chief executive officer who is not also the
chairperson, except that such person shall not serve as
chief executive officer without the prior approval of the
Corporation;
‘‘(F) the Farm Credit Administration may waive any
requirement for a fidelity bond with respect to a bridge
System bank at the request of the Corporation;
‘‘(G) any judicial action to which a bridge System bank
becomes a party by virtue of its acquisition of any assets
or assumption of any liabilities of a System bank in default
shall be stayed from further proceedings for a period of
up to 45 days at the request of the bridge System bank;
‘‘(H) no agreement which tends to diminish or defeat
the right, title or interest of a bridge System bank in
any asset of a System bank in default acquired by it shall
be valid against the bridge System bank unless such agreement—
‘‘(i) is in writing;
‘‘(ii) was executed by such System bank in default
and the person or persons claiming an adverse interest
thereunder, including the obligor, contemporaneously
with the acquisition of the asset by such System bank
in default;
‘‘(iii) was approved by the board of directors of
such System bank in default or its loan committee,
which approval shall be reflected in the minutes of
said board or committee; and
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‘‘(iv) has been, continuously from the time of its
execution, an official record of such System bank in
default;
‘‘(I) notwithstanding subsection 5.61(d)(2), any agreement relating to an extension of credit between a System
bank, Federal Reserve bank, or the United States Treasury
and any System institution which was executed before
the extension of credit by such lender to such System
institution shall be treated as having been executed
contemporaneously with such extension of credit for purposes of subparagraph (H); and
‘‘(J) except with the prior approval of the Corporation
and the concurrence of the Farm Credit Administration,
a bridge System bank may not, in any transaction or series
of transactions, issue capital stock or be a party to any
merger, consolidation, disposition of substantially all of
the assets or liabilities of the bridge System bank, sale
or exchange of capital stock, or similar transaction, or
change its charter.
‘‘(5) CAPITAL.—
‘‘(A) NO CAPITAL REQUIRED.—The Corporation shall not
be required to—
‘‘(i) issue any capital stock on behalf of a bridge
System bank chartered under this subsection; or
‘‘(ii) purchase any capital stock of a bridge System
bank, except that notwithstanding any other provision
of Federal or State law, the Corporation may purchase
and retain capital stock of a bridge System bank in
such amounts and on such terms as the Corporation,
in its discretion, determines to be appropriate.
‘‘(B) OPERATING FUNDS IN LIEU OF CAPITAL.—Upon the
organization of a bridge System bank, and thereafter, as
the Corporation may, in its discretion, determine to be
necessary or advisable, the Corporation may make available to the bridge System bank, upon such terms and
conditions and in such form and amounts as the Corporation may in its discretion determine, funds for the operation
of the bridge System bank in lieu of capital.
‘‘(C) AUTHORITY TO ISSUE CAPITAL STOCK.—Whenever
the Farm Credit Administration Board determines it is
advisable to do so, the Corporation shall cause capital
stock of a bridge System bank to be issued and offered
for sale in such amounts and on such terms and conditions
as the Corporation may, in its discretion, determine.
‘‘(6) EMPLOYEE STATUS.—Representatives for purposes of
paragraph (1)(C), interim directors, directors, officers,
employees, or agents of a bridge System bank are not, solely
by virtue of service in any such capacity, officers or employees
of the United States. Any employee of the Corporation, the
Farm Credit Administration, or any Federal instrumentality
who serves at the request of the Corporation as a representative
for purposes of paragraph (1)(C), interim director, director,
officer, employee, or agent of a bridge System bank shall not—
‘‘(A) solely by virtue of service in any such capacity
lose any existing status as an officer or employee of the
United States for purposes of any provision of law; or
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132 STAT. 4719
‘‘(B) receive any salary or benefits for service in any
such capacity with respect to a bridge System bank in
addition to such salary or benefits as are obtained through
employment with the Corporation or such Federal
instrumentality.
‘‘(7) ASSISTANCE AUTHORIZED.—The Corporation may, in
its discretion, provide assistance under section 5.61(a) to facilitate any merger or consolidation of a bridge System bank
in the same manner and to the same extent as such assistance
may be provided to a qualifying insured System bank (as
defined in section 5.61(a)(2)(B)) or to facilitate a bridge System
bank’s acquisition of any assets or the assumption of any liabilities of a System bank in default or in danger of default.
‘‘(8) DURATION OF BRIDGE SYSTEM BANKS.—Subject to paragraphs (10) and (11), the status of a bridge System bank as
such shall terminate at the end of the 2-year period following
the date it was granted a charter. The Farm Credit Administration Board may, in its discretion, extend the status of the
bridge System bank as such for 3 additional 1-year periods.
‘‘(9) TERMINATION OF BRIDGE SYSTEM BANKS STATUS.—The
status of any bridge System bank as such shall terminate
upon the earliest of—
‘‘(A) the merger or consolidation of the bridge System
bank with a System institution that is not a bridge System
bank, on the condition that the merger or consolidation
shall be subject to the approval of the Farm Credit
Administration;
‘‘(B) at the election of the Corporation and with the
approval of the Farm Credit Administration, the sale of
a majority or all of the capital stock of the bridge System
bank to a System institution or another bridge System
bank;
‘‘(C) at the election of the Corporation, and with the
approval of the Farm Credit Administration, either the
assumption of all or substantially all of the liabilities of
the bridge System bank, or the acquisition of all or substantially all of the assets of the bridge System bank, by a
System institution that is not a bridge System bank or
other entity as permitted under applicable law; and
‘‘(D) the expiration of the period provided in paragraph
(8), or the earlier dissolution of the bridge System bank
as provided in paragraph (11).
‘‘(10) EFFECT OF TERMINATION EVENTS.—
‘‘(A) MERGER OR CONSOLIDATION.—A bridge System
bank that participates in a merger or consolidation as
provided in paragraph (9)(A) shall be for all purposes a
System institution, with all the rights, powers, and privileges thereof, and such merger or consolidation shall be
conducted in accordance with, and shall have the effect
provided in, the provisions of applicable law.
‘‘(B) CHARTER CONVERSION.—Following the sale of a
majority or all of the capital stock of the bridge System
bank as provided in paragraph (9)(B), the Farm Credit
Administration Board may amend the charter of the bridge
System bank to reflect the termination of the status of
the bridge System bank as such, whereupon the System
bank shall remain a System bank, with all of the rights,
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powers, and privileges thereof, subject to all laws and regulations applicable thereto.
‘‘(C) ASSUMPTION OF LIABILITIES AND SALE OF ASSETS.—
Following the assumption of all or substantially all of the
liabilities of the bridge System bank, or the sale of all
or substantially all of the assets of the bridge System
bank, as provided in paragraph (9)(C), at the election of
the Corporation, the bridge System bank may retain its
status as such for the period provided in paragraph (8).
‘‘(D) AMENDMENTS TO CHARTER.—Following the consummation of a transaction described in subparagraph (A),
(B), or (C) of paragraph (9), the charter of the resulting
System institution shall be amended by the Farm Credit
Administration to reflect the termination of bridge System
bank status, if appropriate.
‘‘(11) DISSOLUTION OF BRIDGE SYSTEM BANK.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of State or Federal law, if the bridge System bank’s
status as such has not previously been terminated by the
occurrence of an event specified in subparagraph (A), (B),
or (C) of paragraph (9)—
‘‘(i) the Corporation, after consultation with the
Farm Credit Administration, may, in its discretion,
dissolve a bridge System bank in accordance with this
paragraph at any time; and
‘‘(ii) the Corporation, after consultation with the
Farm Credit Administration, shall promptly commence
dissolution proceedings in accordance with this paragraph upon the expiration of the 2-year period following the date the bridge System bank was chartered,
or any extension thereof, as provided in paragraph
(8).
‘‘(B) PROCEDURES.—The Farm Credit Administration
Board shall appoint the Corporation as receiver for a bridge
System bank upon determining to dissolve the bridge
System bank. The Corporation as such receiver shall wind
up the affairs of the bridge System bank in conformity
with the provisions of law relating to the liquidation of
closed System banks. With respect to any such bridge
System bank, the Corporation as such receiver shall have
all the rights, powers, and privileges and shall perform
the duties related to the exercise of such rights, powers,
or privileges granted by law to a receiver of any insured
System bank and, notwithstanding any other provision of
law in the exercise of such rights, powers, and privileges,
the Corporation shall not be subject to the direction or
supervision of any State agency or other Federal agency.
‘‘(12) MULTIPLE BRIDGE SYSTEM BANKS.—The Corporation
may, in the Corporation’s discretion, organize, and the Farm
Credit Administration may, in its discretion, charter, 2 or more
bridge System banks under this subsection to assume any
liabilities and purchase any assets of a single System institution
in default.
‘‘(i) CERTAIN SALES OF ASSETS PROHIBITED.—
‘‘(1) PERSONS WHO ENGAGED IN IMPROPER CONDUCT WITH,
OR CAUSED LOSSES TO, SYSTEM INSTITUTIONS.—The Corporation
shall prescribe regulations which, at a minimum, shall prohibit
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4721
the sale of assets of a failed System institution by the Corporation to—
‘‘(A) any person who—
‘‘(i) has defaulted, or was a member of a partnership or an officer or director of a corporation that
has defaulted, on 1 or more obligations the aggregate
amount of which exceed $1,000,000, to such failed
System institution;
‘‘(ii) has been found to have engaged in fraudulent
activity in connection with any obligation referred to
in clause (i); and
‘‘(iii) proposes to purchase any such asset in whole
or in part through the use of the proceeds of a loan
or advance of credit from the Corporation or from
any System institution for which the Corporation has
been appointed as conservator or receiver;
‘‘(B) any person who participated, as an officer or
director of such failed System institution or of any affiliate
of such System institution, in a material way in transactions that resulted in a substantial loss to such failed
System institution;
‘‘(C) any person who has been removed from, or prohibited from participating in the affairs of, such failed System
institution pursuant to any final enforcement action by
the Farm Credit Administration;
‘‘(D) any person who has demonstrated a pattern or
practice of defalcation regarding obligations to such failed
System institution; or
‘‘(E) any person who is in default on any loan or
other extension of credit from such failed System institution
which, if not paid, will cause substantial loss to the System
institution or the Corporation.
‘‘(2) DEFAULTED DEBTORS.—Except as provided in paragraph (3), any person who is in default on any loan or other
extension of credit from the System institution, which, if not
paid, will cause substantial loss to the System institution or
the Corporation, may not purchase any asset from the conservator or receiver.
‘‘(3) SETTLEMENT OF CLAIMS.—Paragraph (1) shall not apply
to the sale or transfer by the Corporation of any asset of
any System institution to any person if the sale or transfer
of the asset resolves or settles, or is part of the resolution
or settlement, of—
‘‘(A) 1 or more claims that have been, or could have
been, asserted by the Corporation against the person; or
‘‘(B) obligations owed by the person to any System
institution, or the Corporation.
‘‘(4) DEFINITION OF DEFAULT.—For purposes of this subsection, the term ‘default’ means a failure to comply with the
terms of a loan or other obligation to such an extent that
the property securing the obligation is foreclosed upon.
‘‘(j) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS.—
‘‘(1) TIME FOR FILING NOTICE OF APPEAL.—The notice of
appeal of any order, whether interlocutory or final, entered
in any case brought by the Corporation against a System
institution’s director, officer, employee, agent, attorney,
accountant, or appraiser or any other person employed by or
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132 STAT. 4722
PUBLIC LAW 115–334—DEC. 20, 2018
providing services to a System institution shall be filed not
later than 30 days after the date of entry of the order. The
hearing of the appeal shall be held not later than 120 days
after the date of the notice of appeal. The appeal shall be
decided not later than 180 days after the date of the notice
of appeal.
‘‘(2) SCHEDULING.—A court of the United States shall expedite the consideration of any case brought by the Corporation
against a System institution’s director, officer, employee, agent,
attorney, accountant, or appraiser or any other person employed
by or providing services to a System institution. As far as
practicable the court shall give such case priority on its docket.
‘‘(3) JUDICIAL DISCRETION.—The court may modify the
schedule and limitations stated in paragraphs (1) and (2) in
a particular case, based on a specific finding that the ends
of justice that would be served by making such a modification
would outweigh the best interest of the public in having the
case resolved expeditiously.
‘‘(k) BOND NOT REQUIRED; AGENTS; FEE.—The Corporation as
conservator or receiver of a System institution shall not be required
to furnish bond and may appoint an agent or agents to assist
in its duties as such conservator or receiver. All fees, compensation,
and expenses of liquidation and administration shall be fixed by
the Corporation and may be paid by it out of funds coming into
its possession as such conservator or receiver.
‘‘(l) CONSULTATION REGARDING CONSERVATORSHIPS AND
RECEIVERSHIPS.—To the extent practicable—
‘‘(1) the Farm Credit Administration shall consult with
the Corporation prior to taking a preresolution action concerning a System institution that may result in a conservatorship or receivership; and
‘‘(2) the Corporation, acting in the capacity of the Corporation as a conservator or receiver, shall consult with the Farm
Credit Administration prior to taking any significant action
impacting System institutions or service to System borrowers.
‘‘(m) APPLICABILITY.—This section shall become applicable with
respect to the power of the Corporation to act as a conservator
or receiver on the date on which the Farm Credit Administration
appoints the Corporation as a conservator or receiver under section
4.12 or 8.41.’’.
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7 USC 2008w.
SEC. 5413. REPORTING.
(a) DEFINITION OF FARM LOAN.—In this section, the term ‘‘farm
loan’’ means—
(1) a farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et
seq.); and
(2) an operating loan under subtitle B of that Act (7 U.S.C.
1941 et seq.).
(b) REPORTS.—
(1) PREPARATION.—For each fiscal year, the Secretary shall
prepare a report that includes—
(A) aggregate data based on a review of each outstanding farm loan made or guaranteed by the Secretary
describing, for the United States and for each State and
county in the United States—
(i) the age of the recipient producer;
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4723
(ii) the duration that the recipient producer has
engaged in agricultural production;
(iii) the size of the farm or ranch of the recipient
producer;
(iv) the race, ethnicity, and gender of the recipient
producer;
(v) the agricultural commodity or commodities, or
type of enterprise, for which the loan was secured;
(vi) the amount of the farm loan made or guaranteed;
(vii) the type of the farm loan made or guaranteed;
and
(viii) the default rate of the farm loan made or
guaranteed;
(B) for each State and county in the United States,
data demonstrating the number of outstanding farm loans
made or guaranteed, according to loan size cohort; and
(C) an assessment of actual loans made or guaranteed
as measured against target participation rates for beginning and socially disadvantaged farmers, broken down by
State, as described in sections 346(b)(2) and 355 of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1994(b)(2), 2003).
(2) SUBMISSION OF REPORT.—The report described in paragraph (1) shall be—
(A) submitted—
(i) to—
(I) the Committee on Agriculture of the House
of Representatives;
(II) the Committee on Appropriations of the
House of Representatives;
(III) the Committee on Agriculture, Nutrition,
and Forestry of the Senate; and
(IV) the Committee on Appropriations of the
Senate; and
(ii) not later than December 30, 2019, and annually
thereafter; and
(B) made publicly available not later than 90 days
after the date described in subparagraph (A)(ii).
(c) COMPREHENSIVE REVIEW.—
(1) IN GENERAL.—Not later than 4 years after the date
of enactment of this Act (and every 5 years thereafter), the
Secretary shall—
(A) prepare a comprehensive review of all reports submitted under subsection (b)(2);
(B) identify trends within data outlined in subsection
(b)(1), including the extent to which target annual participation rates for beginning and socially disadvantaged
farmers (as defined by the Secretary) are being met for
each loan type; and
(C) provide specific actions the Department will take
to improve the performance of direct and guaranteed loans
with respect to underserved producers and any recommendations the Secretary may make for further congressional action.
(2) SUBMISSION OF COMPREHENSIVE REVIEW.—The comprehensive review described in paragraph (1) shall be—
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132 STAT. 4724
PUBLIC LAW 115–334—DEC. 20, 2018
(A) submitted to—
(i) the Committee on Agriculture of the House
of Representatives;
(ii) the Committee on Appropriations of the House
of Representatives;
(iii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
(iv) the Committee on Appropriations of the
Senate; and
(B) made publicly available not later than 90 days
after the date of submission under subparagraph (A).
(d) PRIVACY.—In preparing any report or review under this
section, the Secretary shall aggregate or de-identify the data in
a manner sufficient to ensure that the identity of a recipient producer associated with the data cannot be ascertained.
SEC. 5414. STUDY ON LOAN RISK.
(a) STUDY.—The Farm Credit Administration shall conduct a
study that—
(1) analyzes and compares the financial risks inherent in
loans made, held, securitized, or purchased by Farm Credit
banks, associations, and the Federal Agricultural Mortgage Corporation and how such risks are required to be capitalized
under statute and regulations in effect as of the date of the
enactment of this Act; and
(2) assesses the feasibility of increasing the acreage exception provided in section 8.8(c)(2) of the Farm Credit Act of
1971 to 2,000 acres.
(b) TIMELINE.—The Farm Credit Administration shall provide
the results of the study required by subsection (a) to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate no later
than 180 days after the date of the enactment of this Act.
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SEC. 5415. GAO REPORT ON ABILITY OF THE FARM CREDIT SYSTEM
TO MEET THE AGRICULTURAL CREDIT NEEDS OF INDIAN
TRIBES AND THEIR MEMBERS.
(a) IN GENERAL.—The Comptroller General of the United States
shall—
(1) study the agricultural credit needs of farms, ranches,
and related agricultural businesses that are owned or operated
by—
(A) Indian tribes on tribal lands; or
(B) enrolled members of Indian tribes on Indian allotments; and
(2) determine whether the institutions of the Farm Credit
System have sufficient authority and resources to meet the
needs.
(b) DEFINITION OF INDIAN TRIBE.—In subsection (a), the term
‘‘Indian tribe’’ means an Indian tribal entity that is eligible for
funding and services from the Bureau of Indian Affairs by virtue
of the status of the entity as an Indian tribe.
(c) REPORT TO THE CONGRESS.—Within 90 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall prepare and submit to the Committees on Agriculture
and on Natural Resources of the House of Representatives a written
report that contains the findings of the study conducted under
subsection (a). If the Comptroller General finds that the institutions
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4725
of the Farm Credit System do not have sufficient authority or
resources to meet the needs referred to in subsection (a), the report
shall include such legislative and other recommendations as the
Comptroller General determines would result in a system under
which the needs are met in an equitable and effective manner.
SEC. 5416. GAO REPORT ON CREDIT SERVICE TO SOCIALLY DISADVANTAGED FARMERS AND RANCHERS.
(a) DEFINITIONS.—In this section:
(1) AGRICULTURAL CREDIT PROVIDER.—The term ‘‘agricultural credit provider’’ means—
(A) a Farm Credit System institution;
(B) a commercial bank;
(C) the Federal Agricultural Mortgage Corporation;
(D) a life insurance company; and
(E) any other individual or entity, as determined by
the Comptroller General of the United States.
(2) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The
term ‘‘socially disadvantaged farmer or rancher’’ has the
meaning given the term in section 355(e) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2003(e)).
(b) STUDY.—The Comptroller General of the United States
shall—
(1) conduct a study—
(A) to assess the credit and related services provided
by agricultural credit providers to socially disadvantaged
farmers and ranchers;
(B) to review the overall participation of socially disadvantaged farmers and ranchers in the services described
in subparagraph (A); and
(C) to identify barriers that limit the availability of
agricultural credit to socially disadvantaged farmers and
ranchers; and
(2) provide recommendations on how agricultural credit
providers may improve outreach to socially disadvantaged
farmers and ranchers relating to the availability of credit and
related services.
(c) REPORT.—Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States
shall prepare and submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the findings
of the study conducted under subsection (b)(1) and the recommendations described in subsection (b)(2).
TITLE VI—RURAL DEVELOPMENT
Subtitle A—Improving Health Outcomes in
Rural America
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SEC.
6101.
COMBATING SUBSTANCE USE
AMERICA; PRIORITIZATIONS.
DISORDER
IN
RURAL
(a) COMBATING SUBSTANCE USE DISORDER IN RURAL AMERICA.—
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132 STAT. 4726
PUBLIC LAW 115–334—DEC. 20, 2018
(1) PRIORITIZATIONS.—The Secretary shall make the following prioritizations and set asides for fiscal years 2019
through 2025:
(A) DISTANCE LEARNING AND TELEMEDICINE.—
(i) SUBSTANCE USE DISORDER SET-ASIDE.—Subject
to clause (ii), the Secretary shall make available not
less than 20 percent of amounts made available under
section 2335A of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 950aaa-2) for financial
assistance under chapter 1 of subtitle D of title XXIII
of such Act for telemedicine projects that provide substance use disorder treatment services.
(ii) EXCEPTION.—In the case of a fiscal year for
which the Secretary determines that there are not
sufficient qualified applicants to receive financial
assistance for projects providing substance use disorder
treatment services to reach the 20-percent requirement
under clause (i), the Secretary may make available
less than 20 percent of amounts made available under
such section 2335A for those services.
(B) COMMUNITY FACILITIES DIRECT LOANS AND
GRANTS.—
(i) SUBSTANCE USE DISORDER SELECTION PRIORITY.—In selecting recipients of direct loans or grants
for the development of essential community facilities
under section 306(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)), the Secretary shall give priority to entities eligible for those
direct loans or grants—
(I) to develop facilities to provide substance
use disorder (including opioid substance use disorder)—
(aa) prevention services;
(bb) treatment services;
(cc) recovery services; or
(dd) any combination of those services;
and
(II) that employ staff that have appropriate
expertise and training in how to identify and treat
individuals with substance use disorders.
(ii) USE OF FUNDS.—An eligible entity described
in clause (i) that receives a direct loan or grant
described in that clause may use the direct loan or
grant funds for the development of telehealth facilities
and systems to provide telehealth services for substance use disorder treatment.
(C) RURAL HEALTH AND SAFETY EDUCATION PROGRAMS;
SUBSTANCE USE DISORDER SELECTION PRIORITY.—In making
grants under section 502(i) of the Rural Development Act
of 1972 (7 U.S.C. 2662(i)), the Secretary shall give priority
to an applicant that will use the grant for substance use
disorder education and treatment and the prevention of
substance use disorder.
(2) LIMITATION ON OTHER REPRIORITIZATIONS.—For fiscal
years 2019 through 2025, the Secretary shall not make any
national reprioritizations within the Rural Health and Safety
Education Programs, the Community Facilities direct loan and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4727
grant programs, or the Distance Learning and Telemedicine
programs under section 608 of the Rural Development Act
of 1972.
(3) TECHNICAL AMENDMENTS.—Title V of the Rural Development Act of 1972 (7 U.S.C. 2661 et seq.) is amended—
(A) in section 502, in the matter preceding subsection
(a), by inserting ‘‘(referred to in this title as the ‘Secretary’)’’
after ‘‘Agriculture’’; and
(B) by striking ‘‘Secretary of Agriculture’’ each place
it appears (other than in section 502 in the matter preceding subsection (a)) and inserting ‘‘Secretary’’.
(b) TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSISTANCE.—Title VI of the Rural Development Act of 1972 (7 U.S.C.
2204a–2204b) is amended by adding at the end the following:
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‘‘SEC. 608. TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSISTANCE.
7 USC 2662.
7 USC 2662.
7 USC 2204b–2.
‘‘(a) AUTHORITY TO TEMPORARILY PRIORITIZE CERTAIN RURAL
DEVELOPMENT APPLICATIONS.—Notwithstanding any other provision
of law, the Secretary, after consultation with such public health
officials as may be necessary, may announce through a Federal
Register notice pursuant to section 553(b)(3)(B) of title 5, United
States Code, a temporary reprioritization, on a national or
multistate basis, for certain rural development loan and grant
applications to assist rural communities in responding to a significant public health disruption.
‘‘(b) PUBLIC HEALTH DISRUPTION.—For the purposes of this
section, the term ‘public health disruption’ means an unanticipated
increase in mortality or morbidity in rural communities, when
compared to non-rural communities, caused by identifiable events,
actions, or behavioral trends, which can be remediated by the
programs of the Rural Development mission area. When measuring
a public health disruption, the Secretary may analyze data on
a national or multi-state basis.
‘‘(c) CONTENT OF ANNOUNCEMENT.—In the announcement, the
Secretary shall—
‘‘(1) describe the nature of the public health disruption,
including the causes, effects, affected populations, and affected
States;
‘‘(2) explain how the programs of the Department of Agriculture will work in remedying the public health disruption;
‘‘(3) identify the services, treatments, or infrastructure best
suited to address the public health disruption;
‘‘(4) establish—
‘‘(A) the start and end dates of the reprioritization;
‘‘(B) the programs subject to reprioritization and the
modifications to the application process;
‘‘(C) the process for making reprioritizations for
applicable programs;
‘‘(D) the amount of funds set-aside for applicable programs, except that a set-aside for such a program shall
not be greater than 20 percent of the amounts appropriated
for the program for the fiscal year involved; and
‘‘(E) the region in which the reprioritization is in effect;
and
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132 STAT. 4728
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(5) instruct program administrators to implement the
reprioritization during the application window or announcement after the announcement takes effect.
‘‘(d) LIMITATIONS ON REPRIORITIZATIONS.—When announcing
the reprioritization, the Secretary shall—
‘‘(1) establish an initial total time period of less than 4
years, except as provided for in subsection (e);
‘‘(2) implement only 1 nationally applicable reprioritization
at a time;
‘‘(3) implement only 1 regionally applicable reprioritization
per State at a time; and
‘‘(4) not use reprioritizations to allocate additional funds
to an affected State.
‘‘(e) EXTENSION.—The Secretary may extend an announcement
under subsection (a) for no more than 6 years in total, except
that nothing shall prevent the Secretary from renewing
reprioritizations by making a new announcement under subsection
(a).
‘‘(f) RESCINDING THE ANNOUNCEMENT.—The Secretary may
rescind a reprioritization announcement made under subsection
(a) at any time the Secretary determines that the temporary
reprioritizations are no longer needed or effective.
‘‘(g) NOTICE.—Not later than 48 hours after making, extending,
or rescinding an announcement under this section, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and transmit to the Secretary of Health
and Human Services, a written notice of the declaration, extension,
or rescission.’’.
SEC. 6102. DISTANCE LEARNING AND TELEMEDICINE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 2335A of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
950aaa–5) is amended by striking ‘‘$75,000,000 for each of fiscal
years 2014 through 2018’’ and inserting ‘‘$82,000,000 for each of
fiscal years 2019 through 2023’’.
(b) CONFORMING AMENDMENT.—Section 1(b) of Public Law 102–
551 (7 U.S.C. 950aaa note) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 6103. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
Subtitle D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981 et seq.) is amended by inserting after section
341 the following:
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7 USC 1990a.
‘‘SEC. 342. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
‘‘Assistance under section 306(a) for a community facility, or
under section 310B, may include the refinancing of a debt obligation
of a rural hospital as an eligible loan or loan guarantee purpose
if the assistance would help preserve access to a health service
in a rural community, meaningfully improve the financial position
of the hospital, and otherwise meet the financial feasibility and
adequacy of security requirements of the Rural Development
Agency.’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4729
Subtitle B—Connecting Rural Americans
to High Speed Broadband
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SEC. 6201. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES
IN RURAL AREAS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb) is amended—
(1) in subsection (a), by striking ‘‘provide loans and loan
guarantees’’ and inserting ‘‘provide grants, provide loans, and
provide loan guarantees’’;
(2) in subsection (b)(3)(A)(ii), by inserting ‘‘in the case of
a grant or direct loan,’’ before ‘‘a city’’;
(3) in subsection (c)—
(A) in the subsection heading, by striking ‘‘LOANS AND’’
and inserting ‘‘GRANTS, LOANS, AND’’;
(B) in paragraph (1), by striking ‘‘shall make or guarantee loans’’ and inserting ‘‘shall make grants, shall make
loans, and shall guarantee loans’’;
(C) by striking paragraph (2) and inserting the following:
‘‘(2) PRIORITY.—
‘‘(A) IN GENERAL.—In making grants, making loans,
and guaranteeing loans under paragraph (1), the Secretary
shall—
‘‘(i) give the highest priority to applications for
projects to provide broadband service to unserved rural
communities that do not have any residential
broadband service of at least—
‘‘(I) a 10-Mbps downstream transmission
capacity; and
‘‘(II) a 1-Mbps upstream transmission capacity;
‘‘(ii) give priority to applications for projects to
provide the maximum level of broadband service to
the greatest proportion of rural households in the proposed service area identified in the application;
‘‘(iii) provide equal consideration to all eligible entities, including those that have not previously received
grants, loans, or loan guarantees under paragraph (1);
and
‘‘(iv) with respect to 2 or more applications that
are given the same priority under clause (i), give priority to an application that requests less grant funding
than loan funding.
‘‘(B) OTHER.—After giving priority to the applications
described in clauses (i) and (ii) of subparagraph (A), the
Secretary shall then give priority to applications—
‘‘(i) for projects to provide broadband service to
rural communities—
‘‘(I) with a population of less than 10,000
permanent residents;
‘‘(II) that are experiencing outmigration and
have adopted a strategic community investment
plan under section 379H(d) that includes considerations for improving and expanding broadband
service;
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132 STAT. 4730
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(III) with a high percentage of low income
families or persons (as defined in section 501(b)
of the Housing Act of 1949 (42 U.S.C. 1471(b));
‘‘(IV) that are isolated from other significant
population centers; or
‘‘(V) that provide rapid and expanded deployment of fixed and mobile broadband on cropland
and ranchland within a service territory for use
in various applications of precision agriculture; and
‘‘(ii) that were developed with the participation
of, and will receive a substantial portion of the funding
for the project from, 2 or more stakeholders,
including—
‘‘(I) State, local, and tribal governments;
‘‘(II) nonprofit institutions;
‘‘(III) community anchor institutions, such
as—
‘‘(aa) public libraries;
‘‘(bb) elementary schools and secondary
schools (as defined in section 8101 of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801));
‘‘(cc) institutions of higher education; and
‘‘(dd) health care facilities;
‘‘(IV) private entities;
‘‘(V) philanthropic organizations; and
‘‘(VI) cooperatives.
‘‘(3) GRANT AMOUNTS.—
‘‘(A) DEFINITION OF DEVELOPMENT COSTS.—In this paragraph, the term ‘development costs’ means costs of—
‘‘(i) construction, including labor and materials;
‘‘(ii) project applications; and
‘‘(iii) other development activities, as determined
by the Secretary.
‘‘(B) ELIGIBILITY.—To be eligible for a grant under this
section, in addition to the requirements of subsection (d),
the project that is the subject of the grant shall—
‘‘(i) be carried out in a proposed service territory
in which not less than 90 percent of the households
are unserved; and
‘‘(ii) not concurrently receive any other broadband
grant administered by the Rural Utilities Service.
‘‘(C) MAXIMUM.—Except as provided in subparagraph
(D), the amount of any grant made under this section
shall not exceed—
‘‘(i) 75 percent of the total project cost with respect
to an area with a density of fewer than 7 people
per square mile;
‘‘(ii) 50 percent of the total project cost with respect
to an area with a density of 7 or more and fewer
than 12 people per square mile; and
‘‘(iii) 25 percent of the total project cost with
respect to an area with a density of 12 or more and
20 or fewer people per square mile.
‘‘(D) SECRETARIAL AUTHORITY TO ADJUST.—The Secretary may—
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132 STAT. 4731
‘‘(i) make grants of up to 75 percent of the development costs of the project for which the grant is provided
to an eligible entity if the Secretary determines that
the project serves—
‘‘(I) an area of rural households described in
paragraph (2)(A)(i); or
‘‘(II) a rural community described in any of
subclauses (I) through (IV) of paragraph (2)(B)(i);
and
‘‘(ii) make modifications of the density thresholds
described in subparagraph (C), in order to ensure that
funds provided under this section are best utilized
to provide broadband service in communities that are
the most rural in character.
‘‘(E) APPLICATIONS.—The Secretary shall establish an
application process for grants under this section that—
‘‘(i) permits a single application for a grant and
a loan under title I, II, or this title that is associated
with such grant; and
‘‘(ii) provides a single decision to award such grant
and such loan.
‘‘(F) DENSITY DETERMINATIONS.—When determining
population density under this section, the Secretary shall
prescribe a calculation method which—
‘‘(i) utilizes publicly available data; and
‘‘(ii) includes only those areas in which the
applicant is able to meet the service requirements
under this section, as determined by the Secretary.
‘‘(4) FEES.—In the case of loan guarantees issued or modified under this section, the Secretary shall charge and collect
from the lender fees in such amounts as to bring down the
costs of subsidies for guaranteed loans, except that such fees
shall not act as a bar to participation in the programs nor
be inconsistent with current practices in the marketplace.’’;
(4) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘loan or’’ and inserting ‘‘grant, loan, or’’;
(II) by striking clause (i) and inserting the
following:
‘‘(i) demonstrate the ability to furnish or improve
service in order to meet the broadband buildout
requirements established under subsection (e)(4) in all
or part of an unserved or underserved rural area;’’.
(III) in clause (ii), by striking ‘‘a loan application’’ and inserting ‘‘an application’’; and
(IV) in clause (iii)—
(aa) by striking ‘‘service’’ and inserting
‘‘infrastructure’’;
(bb) by striking ‘‘loan’’ the first place it
appears;
(cc) by striking ‘‘3’’ and inserting ‘‘5’’; and
(dd) by striking ‘‘proceeds from the loan
made or guaranteed under this section are’’
and inserting ‘‘assistance under this section
is’’; and
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132 STAT. 4732
PUBLIC LAW 115–334—DEC. 20, 2018
(ii) in subparagraph (B), by striking ‘‘(k)’’ and
inserting ‘‘(j)’’; and
(B) in paragraph (2)(A)—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘the proceeds of a loan made
or guaranteed’’ and inserting ‘‘assistance’’; and
(II) by striking ‘‘for the loan or loan guarantee’’
and inserting ‘‘of the eligible entity’’; and
(ii) in clause (i)—
(I) by striking ‘‘15 percent’’ and inserting ‘‘50
percent (in the case of loans or loan guarantees
provided in accordance with subsection (g)(1)(A))’’;
and
(II) by striking ‘‘level of broadband service’’
and inserting ‘‘level of fixed broadband service,
whether terrestrial or wireless,’’;
(C) in paragraph (3)(A), by striking ‘‘loan or’’ and
inserting ‘‘grant, loan, or’’;
(D) in paragraph (4), by striking ‘‘a loan or loan guarantee’’ and inserting ‘‘assistance’’; and
(E) by striking paragraphs (5) through (10) and
inserting the following:
‘‘(5) TECHNICAL ASSISTANCE AND TRAINING.—
‘‘(A) IN GENERAL.—The Secretary may provide to
eligible entities described in paragraph (1) that are
applying for assistance under this section for a project
described in subsection (c)(2)(A)(i) technical assistance and
training—
‘‘(i) to prepare reports and surveys necessary to
request grants, loans, and loan guarantees under this
section for broadband deployment;
‘‘(ii) to improve management, including financial
management, relating to the proposed broadband
deployment;
‘‘(iii) to prepare applications for grants, loans, and
loan guarantees under this section; or
‘‘(iv) to assist with other areas of need identified
by the Secretary.
‘‘(B) FUNDING.—Not less than 3 percent and not more
than 5 percent of amounts appropriated to carry out this
section for a fiscal year shall be used for technical assistance and training under this paragraph.’’;
(5) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘4-Mbps’’ and
inserting ‘‘25-Mbps’’; and
(ii) in subparagraph (B), by striking ‘‘1-Mbps’’ and
inserting ‘‘3-Mbps’’;
(B) in paragraph (2)—
(i) by—
(I) striking the following:
‘‘(2) ADJUSTMENTS.—
‘‘(A) IN GENERAL.—At’’; and
(II) inserting the following:
‘‘(2) ADJUSTMENTS.—At’’;
(ii) by inserting ‘‘and broadband buildout requirements under paragraph (4)’’ after ‘‘(1)’’; and
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132 STAT. 4733
(iii) by striking subparagraph (B); and
(C) by adding at the end the following:
‘‘(4) BROADBAND BUILDOUT REQUIREMENTS.—
‘‘(A) IN GENERAL.—The term ‘broadband buildout
requirement’ means the level of internet service an
applicant receiving assistance under this section must
agree, at the time the application is finalized, to provide
for the duration of any project-related agreement between
the applicant and the Department.
‘‘(B) BROADBAND BUILDOUT REQUIREMENTS FURTHER
DEFINED.—Subject to subparagraph (C), the Secretary shall
establish broadband buildout requirements for projects
with agreement lengths of—
‘‘(i) 5 to 10 years;
‘‘(ii) 11 to 15 years;
‘‘(iii) 16 to 20 years; and
‘‘(iv) more than 20 years.
‘‘(C) REQUIREMENTS.—In establishing the broadband
buildout requirements under subparagraph (B), the Secretary shall—
‘‘(i) utilize the same metrics used to define the
minimum acceptable level of broadband service under
paragraph (1);
‘‘(ii) establish such requirements to reasonably
ensure—
‘‘(I) the repayment of all loans and loan
guarantees; and
‘‘(II) the financed network is technically
capable of providing broadband service for the lifetime of any project-related agreement.
‘‘(D) SUBSTITUTE SERVICE STANDARDS FOR UNIQUE
SERVICE TERRITORIES.—If an applicant shows that it would
be cost prohibitive to meet the broadband buildout requirements established under this paragraph for the entirety
of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and
the applicant may agree to utilize substitute standards
for any unserved portion of the project. Any substitute
service standards should continue to consider the best technology available to meet the needs of the residents in
the unserved area.’’;
(6) in subsection (f), by striking ‘‘make a loan or loan
guarantee’’ and inserting ‘‘provide assistance’’;
(7) in subsection (g), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
(8) by striking subsections (i) and (j) and inserting the
following:
‘‘(i) PAYMENT ASSISTANCE FOR CERTAIN LOAN AND GRANT
RECIPIENTS.—
‘‘(1) USE OF GRANT FUNDS.—The Secretary may use the
funds appropriated for a grant under this title for the cost
(as defined by section 502 of the Congressional Budget Act
of 1974) of providing assistance under paragraph (2).
‘‘(2) PAYMENT ASSISTANCE.—When providing a grant under
this title, the Secretary, at the sole discretion of the Secretary,
may make—
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‘‘(A) a subsidized loan, which shall bear a reduced
interest rate at such a rate as the Secretary determines
appropriate to meet the objectives of the program; or
‘‘(B) a payment assistance loan, which shall—
‘‘(i) require no interest and principal payments
while the borrower is—
‘‘(I) in material compliance with the loan
agreement; and
‘‘(II) meeting the milestones and objectives of
the project agreed to under paragraph (3); and
‘‘(ii) require such nominal periodic payments as
the Secretary determines to be appropriate.
‘‘(3) AGREEMENT ON MILESTONES AND OBJECTIVES.—With
respect to payment assistance provided under paragraph (2),
before entering into the agreement under which the payment
assistance will be provided, the applicant and the Secretary
shall agree to milestones and objectives of the project.
‘‘(4) AMENDMENT OF MILESTONES AND OBJECTIVES.—The
Secretary and the applicant may jointly agree to amend the
milestones and objectives agreed to under paragraph (3).
‘‘(5) CONSIDERATIONS.—When deciding to utilize the payment assistance authority under paragraph (2) the Secretary
shall consider whether or not the payment assistance will—
‘‘(A) improve the compliance of the grantee with any
commitments made through the grant agreement;
‘‘(B) promote the completion of the broadband project;
‘‘(C) protect taxpayer resources; and
‘‘(D) support the integrity of the broadband programs
administered by the Secretary.
‘‘(6) LIMITATIONS ON PAYMENT ASSISTANCE.—The Secretary
may not make a payment assistance loan under paragraph
(2)(B) to an entity receiving a grant under this section that
is also the recipient of a loan under title I or II that is associated
with such grant.’’;
(9) in subsection (k)(1)—
(A) by striking ‘‘$25,000,000’’ and inserting
‘‘$350,000,000’’; and
(B) by striking ‘‘2008 through 2018’’ and inserting
‘‘2019 through 2023’’;
(10) in subsection (l)—
(A) by striking ‘‘loan or’’ and inserting ‘‘grant, or loan,
or’’; and
(B) by striking ‘‘2018’’ and inserting ‘‘2023’’; and
(11) by redesignating subsections (k) and (l) as subsections
(j) and (k), respectively.
SEC. 6202. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO
RURAL AREAS.
Section 602 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb–1) is amended to read as follows:
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‘‘SEC. 602. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO
RURAL AREAS.
‘‘(a) PURPOSE.—The purpose of this section is to encourage
the expansion and extension of middle mile broadband infrastructure to connect underserved rural areas to the backbone of the
Internet.
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132 STAT. 4735
‘‘(b) MIDDLE MILE INFRASTRUCTURE.—For the purposes of this
section, the term ‘middle mile infrastructure’ means any broadband
infrastructure that does not connect directly to end-user locations
(including anchor institutions) and may include interoffice transport, backhaul, Internet connectivity, data centers, or special access
transport to rural areas.
‘‘(c) GRANTS, LOANS, AND LOAN GUARANTEES.—The Secretary
shall make grants, loans, and loan guarantees to eligible applicants
described in subsection (d) to provide funds for the construction,
improvement, or acquisition of middle mile infrastructure to serve
rural areas.
‘‘(d) ELIGIBILITY.—
‘‘(1) ELIGIBLE APPLICANTS.—
‘‘(A) IN GENERAL.—To be eligible to obtain assistance
under this section, an eligible entity shall—
‘‘(i) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
‘‘(ii) agree to complete build-out of the middle mile
infrastructure described in the application by not later
than 5 years after the initial date on which proceeds
from the assistance provided under this section are
made available; and
‘‘(iii) submit to the Secretary a plan to ensure
the viability of the project by—
‘‘(I) connecting, assisting with connecting, or
enabling the connection of retail broadband systems that serve rural areas within the proposed
service territory to the middle mile infrastructure
project in an affordable and economically competitive manner;
‘‘(II) leasing or selling sufficient capacity prior
to project approval; and
‘‘(III) complying with any other requirements
imposed by the Secretary.
‘‘(B) ADDITIONAL END USER BROADBAND PROGRAMS.—
Entities that receive assistance to construct, improve, or
acquire middle mile infrastructure under this section shall
be eligible to apply for additional funds under this title
to provide for retail broadband service to end users.
‘‘(2) ELIGIBLE SERVICE TERRITORIES.—The proceeds of
assistance provided under this section may be used to carry
out a project in a proposed service territory only if, as of
the date the application for assistance under this section is
submitted, there is not adequate middle mile infrastructure
available to support broadband service for eligible rural communities that would be provided access to the middle mile infrastructure.
‘‘(3) ELIGIBLE PROJECTS.—A project shall be eligible for
assistance under this section if at the time of the application—
‘‘(A) at least 75 percent of the interconnection points
serve such eligible rural areas; and
‘‘(B) the Secretary determines that the proposed middle
mile network will be capable of supporting retail broadband
service meeting the maximum broadband buildout requirement established under section 601(e)(4) for the residents
within the proposed service territory.
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(e) LIMITATION ON GRANTS.—In making grants under this section, the Secretary shall—
‘‘(1) not provide any grant in excess of 20 percent of the
total project cost; and
‘‘(2) provide grants only to those projects which serve rural
areas where population density or geographic characteristics
make it infeasible to construct middle mile broadband systems
without grant assistance.
‘‘(f) TERMS, CONDITIONS, AND ADEQUACY OF SECURITY.—All
loans and loan guarantees provided under this section shall be
made subject to such terms, conditions, and adequacy of security
requirements as may be imposed by the Secretary. If the middle
mile infrastructure would not provide adequate security due to
long-term leasing arrangements, the Secretary shall require substitute security in such form and substance as are acceptable to
the Secretary.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2018 through 2023.’’.
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SEC. 6203. MODIFICATIONS TO THE RURAL GIGABIT PROGRAM.
Section 603 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb–2) is amended—
(1) in the section heading, by striking ‘‘RURAL GIGABIT
NETWORK PILOT’’ and inserting ‘‘INNOVATIVE BROADBAND
ADVANCEMENT’’;
(2) in subsection (d), by striking ‘‘2014 through 2018’’ and
inserting ‘‘2019 through 2023’’;
(3) by redesignating subsection (d) as subsection (e); and
(4) by striking subsections (a) through (c) and inserting
the following:
‘‘(a) IN GENERAL.—The Secretary shall establish a program
to be known as the ‘Innovative Broadband Advancement Program’,
under which the Secretary may provide a grant, a loan, or both
to an eligible entity for the purpose of demonstrating innovative
broadband technologies or methods of broadband deployment that
significantly decrease the cost of broadband deployment, and provide substantially faster broadband speeds than are available, in
a rural area.
‘‘(b) RURAL AREA.—In this section, the term ‘rural area’ has
the meaning provided in section 601(b)(3).
‘‘(c) ELIGIBILITY.—To be eligible to obtain assistance under this
section for a project, an entity shall—
‘‘(1) submit to the Secretary an application—
‘‘(A) that describes a project designed to decrease the
cost of broadband deployment, and substantially increase
broadband speed to not less than the maximum broadband
buildout requirements established under section 601(e)(4),
in a rural area to be served by the project; and
‘‘(B) at such time, in such manner, and containing
such other information as the Secretary may require;
‘‘(2) demonstrate that the entity is able to carry out the
project; and
‘‘(3) agree to complete the project build-out within 5 years
after the date the assistance is first provided for the project.
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132 STAT. 4737
‘‘(d) PRIORITIZATION.—In awarding assistance under this section, the Secretary shall give priority to proposals for projects
that—
‘‘(1) involve partnerships between or among multiple entities;
‘‘(2) would provide broadband service to the greatest
number of rural entities at or above the broadband requirements referred to in subsection (c)(1)(A); and
‘‘(3) the Secretary determines could be replicated in rural
areas described in paragraph (2).’’.
SEC. 6204. COMMUNITY CONNECT GRANT PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.) is amended by adding at the end the following:
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‘‘SEC. 604. COMMUNITY CONNECT GRANT PROGRAM.
7 USC 950bb–3.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE BROADBAND SERVICE.—The term ‘eligible
broadband service’ means broadband service that has the capability to transmit data at a speed specified by the Secretary,
which may not be less than the applicable minimum download
and upload speeds established by the Federal Communications
Commission in defining the term ‘advanced telecommunications
capability’ for purposes of section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
‘‘(2) ELIGIBLE SERVICE AREA.—The term ‘eligible service
area’ means an area in which broadband service capacity is
less than—
‘‘(A) a 10-Mbps downstream transmission capacity; and
‘‘(B) a 1-Mbps upstream transmission capacity.
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible entity’ means a
legally organized entity that—
‘‘(i) is—
‘‘(I) an incorporated organization;
‘‘(II) an Indian Tribe or Tribal organization;
‘‘(III) a State;
‘‘(IV) a unit of local government; or
‘‘(V) any other legal entity, including a
cooperative, a private corporation, or a limited
liability company, that is organized on a for-profit
or a not-for-profit basis; and
‘‘(ii) has the legal capacity and authority to enter
into a contract, to comply with applicable Federal laws,
and to own and operate broadband facilities, as proposed in the application submitted by the entity for
a grant under the Program.
‘‘(B) EXCLUSIONS.—The term ‘eligible entity’ does not
include—
‘‘(i) an individual; or
‘‘(ii) a partnership.
‘‘(4) RURAL AREA.—The term ‘rural area’ has the meaning
given the term in section 601(b)(3)(A).
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a program,
to be known as the ‘Community Connect Grant Program’, to provide
grants to eligible entities to finance broadband transmission in
rural areas.
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‘‘(c) ELIGIBLE PROJECTS.—An eligible entity that receives a
grant under the Program shall use the grant to carry out a project
that—
‘‘(1) provides eligible broadband service to, within the proposed eligible service area described in the application submitted by the eligible entity—
‘‘(A) each essential community facility as defined pursuant to section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)); and
‘‘(B) any required facilities necessary to offer that
eligible broadband service to each residential and business
customer within such proposed eligible service area; and
‘‘(2) for not less than 2 years—
‘‘(A) furnishes free eligible broadband service to a
community center described in subsection (d)(1)(B);
‘‘(B) provides not fewer than 2 computer access points
for that free eligible broadband service; and
‘‘(C) covers the cost of bandwidth to provide free eligible
broadband service to each essential community facility that
requests broadband services within the proposed eligible
service area described in the application submitted by the
eligible entity.
‘‘(d) USES OF GRANT FUNDS.—
‘‘(1) IN GENERAL.—An eligible entity that receives a grant
under the Program may use the grant for—
‘‘(A) the construction, acquisition, or leasing of facilities
(including spectrum), land, or buildings to deploy eligible
broadband service; and
‘‘(B) the improvement, expansion, construction, or
acquisition of a community center within the proposed
eligible service area described in the application submitted
by the eligible entity.
‘‘(2) INELIGIBLE USES.—An eligible entity that receives a
grant under the Program shall not use the grant for—
‘‘(A) the duplication of any existing eligible broadband
service provided by another entity in the eligible service
area; or
‘‘(B) operating expenses, except as provided in—
‘‘(i) subsection (c)(2)(C) with respect to free eligible
broadband service; and
‘‘(ii) paragraph (1)(A) with respect to spectrum.
‘‘(3) FREE ACCESS FOR COMMUNITY CENTERS.—Of the
amounts provided to an eligible entity under a grant under
the Program, the eligible entity shall use to carry out paragraph
(1)(B) not greater than the lesser of—
‘‘(A) 10 percent; and
‘‘(B) $150,000.
‘‘(e) MATCHING FUNDS.—
‘‘(1) IN GENERAL.—An eligible entity that receives a grant
under the Program shall provide a cash contribution in an
amount that is not less than 15 percent of the amount of
the grant.
‘‘(2) REQUIREMENTS.—A cash contribution described in
paragraph (1)—
‘‘(A) shall be used solely for the project for which the
eligible entity receives a grant under the Program; and
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132 STAT. 4739
‘‘(B) shall not include any Federal funds, unless a
Federal statute specifically provides that those Federal
funds may be considered to be from a non-Federal source.
‘‘(f) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
the Program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(2) REQUIREMENT.—An application submitted by an
eligible entity under paragraph (1) shall include documentation
sufficient to demonstrate the availability of funds to satisfy
the requirement of subsection (e).
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $50,000,000 for each
of fiscal years 2019 through 2023.’’.
SEC. 6205. OUTDATED BROADBAND SYSTEMS.
(a) IN GENERAL.—Title VI of the Rural Electrification Act of
1936 (7 U.S.C. 950bb et seq.) is further amended by adding at
the end the following:
‘‘SEC. 605. OUTDATED BROADBAND SYSTEMS.
7 USC 950bb–4.
‘‘(a) IN GENERAL.—Except as provided in subsection (b), the
Secretary shall consider any portion of a service territory that
is subject to an outstanding grant agreement between the Secretary
and a broadband provider to be unserved for the purposes of all
broadband assistance programs under this Act, if the broadband
service in that portion of a service territory is less than 10 Mbps
downstream transmission capacity or less than 1 Mbps upstream
transmission capacity.
‘‘(b) EXCEPTION.—The Secretary shall not consider a portion
of a service territory described in subsection (a) to be unserved
if the broadband service provider has constructed or begun to construct broadband facilities that meet the minimum acceptable level
of service established under section 601(e), in that portion of the
service territory.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall not take effect until October 1, 2020.
7 USC 950bb–4
note.
SEC. 6206. DEFAULT AND DEOBLIGATION; DEFERRAL.
Title VI of such Act (7 U.S.C. 950bb et seq.) is further amended
by adding at the end the following:
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‘‘SEC. 606. DEFAULT AND DEOBLIGATION; DEFERRAL.
7 USC 950bb–5.
‘‘(a) DEFAULT AND DEOBLIGATION.—In addition to other
authority under applicable law, the Secretary shall establish written
procedures for all broadband programs so that, to the maximum
extent practicable, the programs are administered to—
‘‘(1) recover funds from loan and grant defaults;
‘‘(2) deobligate any awards, less allowable costs that demonstrate an insufficient level of performance (including metrics
determined by the Secretary) or fraudulent spending, to the
extent funds with respect to the award are available in the
account relating to the program established by this title;
‘‘(3) award those funds, on a competitive basis, to new
or existing applicants consistent with this title; and
‘‘(4) minimize overlap among the programs.
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132 STAT. 4740
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(b) DEFERRAL PERIOD.—In determining the terms and conditions of assistance provided under this title, the Secretary may
establish a deferral period of not shorter than the buildout period
established for the project involved in order to support the financial
feasibility and long-term sustainability of the project.’’.
SEC. 6207. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIREMENTS.
The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.)
is amended by adding at the end the following new title:
‘‘TITLE VII—GENERAL AND
ADMINISTRATIVE PROVISIONS
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7 USC 950cc.
‘‘SEC. 701. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIREMENTS.
‘‘(a) NOTICE REQUIREMENTS.—The Secretary shall promptly
make available to the public, a fully searchable database on the
website of the Rural Utilities Service that contains information
on all retail broadband projects provided assistance or for which
assistance is sought that are administered by the Secretary,
including, at a minimum—
‘‘(1) notice of each application for assistance describing
the application, including—
‘‘(A) the identity of the applicant;
‘‘(B) a description of each application, including—
‘‘(i) a map of the proposed service area of the
applicant; and
‘‘(ii) the amount and type of support requested
by each applicant;
‘‘(C) the status of each application; and
‘‘(D) the estimated number and proportion of service
points in the proposed service territory without fixed
broadband service, whether terrestrial or wireless;
‘‘(2) notice of each entity receiving assistance administered
by the Secretary, including—
‘‘(A) the name of the entity;
‘‘(B) the type of assistance being received;
‘‘(C) the purpose for which the entity is receiving the
assistance; and
‘‘(D) each annual report submitted under subsection
(c) (redacted to protect any proprietary information in the
report); and
‘‘(3) such other information as is sufficient to allow the
public to understand assistance provided.
‘‘(b) SERVICE AREA ASSESSMENT.—
‘‘(1) IN GENERAL.—The Secretary shall, with respect to a
retail broadband application for assistance, which is outside
an area in which the applicant receives Federal universal
service support—
‘‘(A) after giving notice required by subsection (a)(1),
afford service providers not less than 45 days to voluntarily
submit information required by the Secretary onto the
agency’s online mapping tool with respect to areas that
are coterminous with the proposed service area of the
application (or any parts thereof), such that the Secretary
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4741
may assess whether the application submitted meets the
eligibility requirements under this title; and
‘‘(B) if no broadband service provider submits information under paragraph (1), consider the number of providers
in the proposed service area to be established by using
any other data regarding the availability of broadband
service that the Secretary may collect or obtain through
reasonable efforts.
‘‘(2) ASSESSMENT OF UNSERVED COMMUNITIES.—In the case
of an application given the highest priority under section
601(c)(2)(A)(i), the Secretary shall confirm that each unserved
rural community identified in the application is eligible for
funding by—
‘‘(A) conferring with, and obtaining data from, the
Chair of the Federal Communications Commission and the
Administrator of the National Telecommunications and
Information Administration with respect to the service level
in the service area proposed in the application;
‘‘(B) reviewing any other source that is relevant to
service data validation, as determined by the Secretary;
and
‘‘(C) performing site-specific testing to verify the
unavailability of any retail broadband service.
‘‘(3) FOIA EXEMPTION.—For purposes of section 552 of title
5, United States Code, information received by the Secretary
pursuant to paragraph (1)(A) of this subsection shall be exempt
from disclosure pursuant to subsection (b)(2)(B) of such section
552.
‘‘(c) REPORTING BROADBAND IMPROVEMENTS TO USDA.—
‘‘(1) IN GENERAL.—The Secretary shall require any entity
receiving assistance for a project which provides retail
broadband service to submit an annual report for 3 years after
completion of the project, in a format specified by the Secretary,
that describes—
‘‘(A) the use by the entity of the assistance, including
new equipment and capacity enhancements that support
high-speed broadband access for educational institutions,
health care providers, and public safety service providers
(including the estimated number of end users who are
currently using or forecasted to use the new or upgraded
infrastructure); and
‘‘(B) the progress towards fulfilling the objectives for
which the assistance was granted, including—
‘‘(i) the number of service points that will receive
new broadband service, existing network service
improvements, and facility upgrades resulting from the
Federal assistance;
‘‘(ii) the speed of broadband service;
‘‘(iii) the average price of the most subscribed tier
of broadband service in a proposed service area;
‘‘(iv) new subscribers generated from the project;
and
‘‘(v) any metrics the Secretary determines to be
appropriate.
‘‘(2) ADDITIONAL REPORTING.—
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132 STAT. 4742
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(A) BROADBAND BUILDOUT DATA.—As a condition of
receiving assistance under section 601, a recipient of assistance shall provide to the Secretary complete, reliable, and
precise geolocation information that indicates the location
of new broadband service that is being provided or
upgraded within the service territory supported by the
grant, loan, or loan guarantee not later than 30 days after
the earlier of—
‘‘(i) the date of completion of any project milestone
established by the Secretary; or
‘‘(ii) the date of completion of the project.
‘‘(B) REPORTING FOR MIDDLE MILE PROJECTS.—The Secretary shall require any entity receiving assistance under
section 602 to submit a semiannual report for 5 years
after completion of the project, in a format specified by
the Secretary, that describes—
‘‘(i) the use by the entity of the assistance to construct, improve, or acquire middle mile infrastructure;
‘‘(ii) the progress towards meeting the end-user
connection
plan
submitted
under
section
602(d)(1)(A)(iii); and
‘‘(iii) any additional metrics the Secretary determines to be appropriate.
‘‘(C) ADDITIONAL REPORTING.—The Secretary may
require any additional reporting and information by any
recipient of any broadband assistance under this act so
as to ensure compliance with this section.
‘‘(d) ANNUAL REPORT ON BROADBAND PROJECTS AND SERVICE
TO CONGRESS.—Each year, the Secretary shall submit to the Congress a report that describes the extent of participation in the
broadband assistance programs administered by the Secretary for
the preceding fiscal year, including a description of—
‘‘(1) the number of applications received and accepted,
including any special loan terms or conditions for which the
Secretary provided additional assistance to unserved areas;
‘‘(2)(A) the communities proposed to be served in each
application submitted for the fiscal year; and
‘‘(B) the communities served by projects funded by
broadband assistance programs;
‘‘(3) the period of time required to approve each loan
application under broadband programs;
‘‘(4) any outreach activities carried out by the Secretary
to encourage entities in rural areas without broadband service
to submit applications under this Act;
‘‘(5) the method by which the Secretary determines that
a service enables a subscriber to originate and receive highquality voice, data, graphics, and video for purposes of providing
broadband service under this Act;
‘‘(6) each broadband service, including the type and speed
of broadband service, for which assistance was sought, and
each broadband service for which assistance was provided,
under this Act; and
‘‘(7) the overall progress towards fulfilling the goal of
improving the quality of rural life by expanding rural
broadband access, as demonstrated by metrics, including—
‘‘(A) the number of residences and businesses receiving
new broadband services;
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4743
‘‘(B) network improvements, including facility upgrades
and equipment purchases;
‘‘(C) average broadband speeds and prices on a local
and statewide basis;
‘‘(D) any changes in broadband adoption rates; and
‘‘(E) any specific activities that increased high speed
broadband access for educational institutions, health care
providers, and public safety service providers.
‘‘(e) LIMITATIONS ON RESERVATION OF FUNDS.—Not less than
3 but not more than 5 percent of program level amounts available
pursuant to amounts appropriated to carry out title VI shall be
set aside to be used for—
‘‘(1) conducting oversight under such title;
‘‘(2) implementing accountability measures and related
activities authorized under such title; and
‘‘(3) carrying out this section.’’.
SEC. 6208. ENVIRONMENTAL REVIEWS.
Title VII of the Rural Electrification Act of 1936, as added
by section 6207 of this Act, is amended by adding at the end
the following:
‘‘SEC. 702. ENVIRONMENTAL REVIEWS.
7 USC 950cc–1.
‘‘The Secretary may obligate, but not disperse, funds under
this Act before the completion of otherwise required environmental,
historical, or other types of reviews if the Secretary determines
that a subsequent site-specific review shall be adequate and easily
accomplished for the location of towers, poles, or other broadband
facilities in the service area of the borrower without compromising
the project or the required reviews.’’.
SEC. 6209. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR
DEPLOYMENT OF BROADBAND SERVICE.
Title VII of the Rural Electrification Act of 1936, as added
by section 6207 and amended by section 6208 of this Act, is amended
by adding at the end the following:
‘‘SEC. 703. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR
DEPLOYMENT OF BROADBAND SERVICE.
7 USC 950cc–2.
‘‘Notwithstanding any other provision of this Act, the proceeds
of any loan made or guaranteed by the Secretary under this Act
may be used by the recipient of the loan for the purpose of refinancing an outstanding obligation of the recipient on another telecommunications loan made under this Act, or on any other loan
if that loan would have been for an eligible telecommunications
purpose under this Act.’’.
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SEC. 6210. SMART UTILITY AUTHORITY FOR BROADBAND.
(a) Section 331 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981) is amended by adding at the end the
following:
‘‘(e)(1) Except as provided in paragraph (2), the Secretary may
allow a recipient of a grant, loan, or loan guarantee provided
by the Office of Rural Development under this title to use not
more than 10 percent of the amount so provided—
‘‘(A) for any activity for which assistance may be provided
under section 601 of the Rural Electrification Act of 1936;
or
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132 STAT. 4744
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(B) to construct other broadband infrastructure.
‘‘(2) Paragraph (1) of this subsection shall not apply to a
recipient who is seeking to provide retail broadband service in
any area where retail broadband service is available at the minimum broadband speeds, as defined under section 601(e) of the
Rural Electrification Act of 1936.
‘‘(3) The Secretary shall not provide funding under paragraph
(1) if the funding would result in competitive harm to any grant,
loan, or loan guarantee provided under the Rural Electrification
Act of 1936.’’.
(b) Title I of the Rural Electrification Act of 1936 (7 U.S.C.
901–918a) is amended by inserting after section 7 the following:
7 USC 908.
‘‘SEC. 8. LIMITATIONS ON USE OF ASSISTANCE.
‘‘(a) Subject to subsections (b) and (c) of this section, the Secretary may allow a recipient of a grant, loan, or loan guarantee
under this title to set aside not more than 10 percent of the
amount so received to provide retail broadband service.
‘‘(b) A recipient who sets aside funds under subsection (a)
of this section may use the funds only in an area that is not
being provided with the minimum acceptable level of broadband
service established under section 601(e), unless the recipient meets
the requirements of section 601(d).
‘‘(c) Nothing in this section shall be construed to limit the
ability of any borrower to finance or deploy services authorized
under this Act.
‘‘(d) The Secretary shall not provide funding under subsection
(a) if the funding would result in competitive harm to any grant,
loan, or loan guarantee referred to in subsection (a).’’.
SEC. 6211. REFINANCING OF TELEPHONE LOANS.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C.
922) is amended, in the fifth sentence, by striking ‘‘furnishing
telephone service in rural areas:’’ and all that follows through
‘‘40 per centum of any loan made under this title.’’ and inserting
‘‘furnishing telephone service in rural areas, including indebtedness
of recipients on another telecommunications loan made under this
Act.’’.
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7 USC 950bb–6.
SEC. 6212. FEDERAL BROADBAND PROGRAM COORDINATION.
(a) CONSULTATION BETWEEN USDA AND NTIA.—The Secretary
shall consult with the Assistant Secretary to assist in the
verification of eligibility of the broadband loan and grant programs
of the Department of Agriculture. In providing assistance under
the preceding sentence, the Assistant Secretary shall make available the broadband assessment and mapping capabilities of the
National Telecommunications and Information Administration.
(b) CONSULTATION BETWEEN USDA AND FCC.—
(1) BY USDA.—The Secretary shall consult with the
Commission before providing broadband assistance for a project
to serve an area with respect to which another entity is
receiving Connect America Fund or Mobility Fund support
under the Federal universal service support mechanisms established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
(2) BY FCC.—The Commission shall consult with the Secretary before offering or providing Connect America Fund or
Mobility Fund support under the Federal universal service
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4745
support mechanisms established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254) to serve an area
with respect to which another entity has received broadband
assistance under a loan or grant program of the Department
of Agriculture.
(c) REPORT TO CONGRESS.—Not later than 1 year after the
date of the enactment of this Act, the Secretary, the Commission,
and the Assistant Secretary shall submit to the Committee on
Agriculture and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and
Transportation of the Senate a report on how best to coordinate
federally supported broadband programs and activities in order
to achieve the following objectives:
(1) Promote high-quality broadband service that meets the
long-term needs of rural residents and businesses, by evaluating
the broadband service needs in rural areas for each decade
through 2050.
(2) Support the long-term viability, sustainability, and
utility of federally supported rural broadband infrastructure,
by analyzing the technical capabilities of the technologies currently available and reasonably expected to be available by
2035 to meet the broadband service needs of rural residents
identified under paragraph (1), including by analyzing the following:
(A) The real-world performance of such technologies,
including data rates, latency, data usage restrictions, and
other aspects of service quality, as defined by the Commission.
(B) The suitability of each such technology for residential, agricultural, educational, healthcare, commercial, and
industrial purposes in rural areas.
(C) The cost to deploy and support such technologies
in several rural geographies.
(D) The costs associated with online platforms, specifically the resulting constraints on rural network bandwidth.
(3) Identify and quantify the availability of broadband
service and ongoing broadband deployment in rural areas,
including ways to do the following:
(A) Harmonize broadband notification and reporting
requirements and develop common verification procedures
across all federally supported broadband programs.
(B) Consolidate and utilize the existing broadband
service data.
(C) Collect and share data on those projects in rural
areas where Federal programs are currently supporting
broadband deployment, including areas with respect to
which an entity is receiving—
(i) support under a broadband assistance program
of the Department of Agriculture; or
(ii) Connect America Fund or Mobility Fund support under the Federal universal service support
mechanisms established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254).
(D) Leverage support technologies and services from
online platforms for providers of broadband service in rural
areas.
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132 STAT. 4746
PUBLIC LAW 115–334—DEC. 20, 2018
(d) DEFINITIONS.—In this section:
(1) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of Commerce for Communications and Information.
(2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(3) RURAL AREA.—The term ‘‘rural area’’ has the meaning
given the term in section 601(b)(3) of the Rural Electrification
Act of 1936.
7 USC 950bb
note.
SEC. 6213. TRANSITION RULE.
For the period beginning on the date of the enactment of
this Act and ending on the date that is one year after such date
of enactment, with respect to the implementation of the rural
broadband access program under section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) and the Community Connect
Grant Program under section 604 of such Act, as added by section
6204 of this Act, the Secretary shall use the regulations in existence
as of the day before the date of enactment of this Act that are
applicable to the program involved, until the Secretary issues a
final rule implementing the provisions of, and amendments made
by, this title that apply to that program.
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SEC. 6214. RURAL BROADBAND INTEGRATION WORKING GROUP.
(a) IN GENERAL.—
(1) ESTABLISHMENT.—There is established the Rural
Broadband Integration Working Group (referred to in this subsection as the ‘‘Working Group’’).
(2) MEMBERSHIP.—The membership of the Working Group
shall be composed of the heads, or their designees, of—
(A) the Department of Agriculture, acting through the
Administrator of the Rural Utilities Service;
(B) the Department of Commerce, acting through the
Assistant Secretary for Communications and Information;
(C) the Department of Defense;
(D) the Department of State;
(E) the Department of the Interior;
(F) the Department of Labor;
(G) the Department of Health and Human Services;
(H) the Department of Homeland Security;
(I) the Department of Housing and Urban Development;
(J) the Department of Justice;
(K) the Department of Transportation;
(L) the Department of the Treasury;
(M) the Department of Energy;
(N) the Department of Education;
(O) the Department of Veterans Affairs;
(P) the Environmental Protection Agency;
(Q) the General Services Administration;
(R) the Small Business Administration;
(S) the Institute of Museum and Library Services;
(T) the National Science Foundation;
(U) the Council on Environmental Quality;
(V) the Office of Science and Technology Policy;
(W) the Office of Management and Budget;
(X) the Council of Economic Advisers;
(Y) the Domestic Policy Council;
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4747
(Z) the National Economic Council; and
(AA) such other Federal agencies or entities as are
determined appropriate by the co-chairs.
(3) CO-CHAIRS.—The following individuals, or their designees, shall serve as co-chairs of the Working Group:
(A) The Administrator of the Rural Utilities Service.
(B) The Assistant Secretary for Communications and
Information.
(C) The Director of the National Economic Council.
(D) The Director of the Office of Science and Technology
Policy.
(4) CONSULTATION; COORDINATION.—The Working Group
shall consult, as appropriate, with other relevant agencies,
including the Federal Communications Commission. The
Working Group shall coordinate with existing Federal working
groups and committees involved with broadband.
(5) MEMBERSHIP CHANGES.—The Director of the National
Economic Council and the Director of the Office of Science
and Technology Policy shall review, on a periodic basis, the
membership of the Working Group to ensure that the Working
Group—
(A) includes necessary Federal Government entities;
and
(B) is an effective mechanism for coordinating among
agencies on the policy described in subsection (b).
(b) FUNCTIONS OF WORKING GROUP.—
(1) CONSULTATION.—The Working Group shall consult with
State, local, Tribal, and territorial governments, telecommunications companies, utilities, trade associations, philanthropic
entities, policy experts, and other interested parties to identify,
assess, and determine possible actions relating to barriers and
opportunities for broadband deployment in rural areas.
(2) POINT OF CONTACT.—Not later than 15 days after the
date of enactment of this Act, each member of the Working
Group shall—
(A) designate a representative to serve as the main
point of contact for matters relating to the Working Group;
and
(B) notify the co-chairs of the Working Group of that
designee.
(3) SURVEY.—Not later than 60 days after the date of
enactment of this Act, based on information provided by the
members of the Working Group, the Working Group shall publish a comprehensive survey of—
(A) Federal programs, including the allocated funding
amounts, that currently support or could reasonably be
modified to support broadband deployment and adoption;
and
(B) all Federal agency-specific policies and rules with
the direct or indirect effect of facilitating or regulating
investment in, or deployment of, wired and wireless
broadband networks.
(4) LIST OF ACTIONS.—Not later than 120 days after the
date of enactment of this Act, the members of the Working
Group shall submit to the Working Group an initial list of
actions that each of the agencies could take to identify and
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132 STAT. 4748
PUBLIC LAW 115–334—DEC. 20, 2018
address regulatory barriers to, incentivize investment in, promote best practices within, align funding decisions with respect
to, and otherwise support, wired broadband deployment and
adoption.
(5) REPORT.—Not later than 150 days after the date of
enactment of this Act, the Working Group shall submit to
the President an agreed-to and prioritized list of recommendations of the Working Group on actions that Federal agencies
can take to support broadband deployment and adoption,
including—
(A) a list of priority actions and rulemakings; and
(B) timelines to complete the priority actions and
rulemakings.
Subtitle C—Miscellaneous
SEC. 6301. EXCLUSION OF CERTAIN POPULATIONS FROM DEFINITION
OF RURAL AREA.
(a) IN GENERAL.—Section 343(a)(13) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)(13)) is amended—
(1) in subparagraph (A), by striking ‘‘(G)’’ and inserting
‘‘(I)’’; and
(2) by adding at the end the following:
‘‘(H) EXCLUSION OF INCARCERATED POPULATIONS.—
Populations of individuals incarcerated on a long-term or
regional basis shall not be included in determining whether
an area is ‘rural’ or a ‘rural area’.
‘‘(I) LIMITED EXCLUSION OF MILITARY BASE POPULATIONS.—The first 1,500 individuals who reside in housing
located on a military base shall not be included in determining whether an area is ‘rural’ or a ‘rural area’.’’.
(b) BROADBAND.—Section 601(b)(3) of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb(b)(3)) is amended by adding at the
end the following:
‘‘(C) EXCLUSION OF CERTAIN POPULATIONS.—Such term
does not include any population described in subparagraph
(H) or (I) of section 343(a)(13) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)(13)).’’.
(c) DISTANCE LEARNING AND TELEMEDICINE LOANS AND
GRANTS.—Section 2332 of the Food Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 950aaa–1) is amended by adding
at the end the following:
‘‘(4) RURAL AREA.—The term ‘rural area’ has the meaning
given the term in section 601(b)(3) of the Rural Electrification
Act of 1936.’’.
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7 USC 2671.
SEC. 6302. ESTABLISHMENT OF TECHNICAL ASSISTANCE PROGRAM.
(a) DEFINITION.—In this section, the term ‘tribally designated
housing entity’ has the meaning given the term in section 4 of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4103).
(b) IN GENERAL.—The Secretary shall, in coordination with
the Office of Tribal Relations established under section 309 of
the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6921), provide technical assistance to improve access by Tribal
entities to rural development programs funded by the Department
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132 STAT. 4749
of Agriculture through available cooperative agreement authorities
of the Secretary.
(c) TECHNICAL ASSISTANCE.—Technical assistance provided
under subsection (b) shall address the unique challenge of Tribal
governments, Tribal producers, Tribal businesses, Tribal business
entities, and tribally designated housing entities in accessing
Department of Agriculture-supported rural infrastructure, rural
cooperative development, rural business and industry, rural
housing, and other rural development activities.
SEC. 6303. RURAL ENERGY SAVINGS PROGRAM.
Section 6407 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107a) is amended—
(1) in subsection (b)(2), by striking ‘‘efficiency.’’ and
inserting ‘‘efficiency (including cost-effective on- or off-grid
renewable energy or energy storage systems).’’;
(2) in subsection (c)—
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(B) by inserting after paragraph (3) the following:
‘‘(4) ELIGIBILITY FOR OTHER LOANS.—The Secretary shall
not include any debt incurred by a borrower under this section
in the calculation of the debt-equity ratio of the borrower for
purposes of eligibility for loans under the Rural Electrification
Act of 1936 (7 U.S.C. 901 et seq.).’’;
(C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking ‘‘(6)’’ and inserting ‘‘(7)’’; and
(D) by adding at the end the following:
‘‘(9) ACCOUNTING.—The Secretary shall take appropriate
steps to streamline the accounting requirements on borrowers
under this section while maintaining adequate assurances of
the repayment of the loans.’’;
(3) in subsection (d)(1)—
(A) in subparagraph (A), by striking ‘‘3 percent’’ and
inserting ‘‘5 percent’’; and
(B) in subparagraph (D), by striking ‘‘electric’’ and
inserting ‘‘recurring service’’;
(4) by redesignating subsection (h) as subsection (i);
(5) by inserting after subsection (g) the following:
‘‘(h) PUBLICATION.—Not later than 120 days after the end of
each fiscal year, the Secretary shall publish a description of—
‘‘(1) the number of applications received under this section
for that fiscal year;
‘‘(2) the number of loans made to eligible entities under
this section for that fiscal year; and
‘‘(3) the recipients of the loans described in paragraph
(2).’’; and
(6) in subsection (i) (as so redesignated), by striking ‘‘2018’’
and inserting ‘‘2023’’.
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SEC. 6304. NORTHERN BORDER REGIONAL COMMISSION REAUTHORIZATION.
(a) ADMINISTRATIVE EXPENSES OF REGIONAL COMMISSIONS.—
Section 15304(c)(3)(A) of title 40, United States Code, is amended
by striking ‘‘unanimous’’ and inserting ‘‘majority’’.
(b) ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS.—
Section 15501 of title 40, United States Code, is amended—
(1) in subsection (a)—
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(A) in paragraph (7), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (8) as paragraph (9);
and
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40 USC 15501
note.
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(C) by inserting after paragraph (7) the following:
‘‘(8) to grow the capacity for successful community economic
development in its region; and’’;
(2) in subsection (b), by striking ‘‘paragraphs (1) through
(3)’’ and inserting ‘‘paragraph (1), (2), (3), or (7)’’; and
(3) in subsection (f), by striking the period at the end
and inserting ‘‘, except that financial assistance may be used
as otherwise authorized by this subtitle to attract businesses
to the region from outside the United States.’’.
(c) STATE CAPACITY BUILDING GRANT PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) COMMISSION.—The term ‘‘Commission’’ means the
Northern Border Regional Commission established by section 15301(a)(3) of title 40, United States Code.
(B) COMMISSION STATE.—The term ‘‘Commission State’’
means each of the States of Maine, New Hampshire, New
York, and Vermont.
(C) ELIGIBLE COUNTY.—The term ‘‘eligible county’’
means a county described in section 15733 of title 40,
United States Code.
(D) PROGRAM.—The term ‘‘program’’ means the State
capacity building grant program established under paragraph (2).
(2) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Commission shall establish
a State capacity building grant program to provide grants to
Commission States to carry out the purpose under paragraph
(3).
(3) PURPOSE.—The purpose of the program is to support
the efforts of the Commission—
(A) to better support business retention and expansion
in eligible counties;
(B) to create programs to encourage job creation and
workforce development in eligible counties;
(C) to prepare economic and infrastructure plans for
eligible counties;
(D) to expand access to high-speed broadband in
eligible counties;
(E) to provide technical assistance that results in
Commission investments in transportation, water, wastewater, and other critical infrastructure;
(F) to create initiatives to increase the effectiveness
of local development districts in eligible counties; and
(G) to implement new or innovative economic development practices that will better position the eligible counties
of Commission States to compete in the global economy.
(4) USE OF FUNDS.—
(A) IN GENERAL.—Funds from a grant under the program may be used to support a project, program, or related
expense of the Commission State in an eligible county.
(B) LIMITATION.—Funds from a grant under the program shall not be used for—
(i) the purchase of furniture, fixtures, or equipment;
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132 STAT. 4751
(ii) the compensation of—
(I) any State member of the Commission (as
described in section 15301(b)(1)(B) of title 40,
United States Code); or
(II) any State alternate member of the
Commission (as described in section 15301(b)(2)(B)
of title 40, United States Code); or
(iii) the cost of supplanting existing State programs.
(5) ANNUAL WORK PLAN.—
(A) IN GENERAL.—For each fiscal year, before providing
a grant under the program, each Commission State shall
provide to the Commission an annual work plan that
includes the proposed use of the grant.
(B) APPROVAL.—No grant under the program shall be
provided to a Commission State unless the Commission
has approved the annual work plan of the State.
(6) AMOUNT OF GRANT.—
(A) IN GENERAL.—The amount of a grant provided to
a Commission State under the program for a fiscal year
shall be based on the proportion that—
(i) the amount paid by the Commission State
(including any amounts paid on behalf of the Commission State by a nonprofit organization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c) of title 40, United States
Code); bears to
(ii) the amount paid by all Commission States
(including any amounts paid on behalf of a Commission
State by a nonprofit organization) for administrative
expenses for that fiscal year (as determined under
that section).
(B) REQUIREMENT.—To be eligible to receive a grant
under the program for a fiscal year, a Commission State
(or a nonprofit organization on behalf of the Commission
State) shall pay the amount of administrative expenses
of the Commission State for the applicable fiscal year (as
determined under section 15304(c) of title 40, United States
Code).
(C) APPROVAL.—For each fiscal year, a grant provided
under the program shall be approved and made available
as part of the approval of the annual budget of the Commission.
(7) GRANT AVAILABILITY.—Funds from a grant under the
program shall be available only during the fiscal year for which
the grant is provided.
(8) REPORT.—Each fiscal year, each Commission State shall
submit to the Commission and make publicly available a report
that describes the use of the grant funds and the impact of
the program in the State.
(9) FUNDING.—
(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $5,000,000 for each
of fiscal years 2019 through 2023.
(B) SUPPLEMENT, NOT SUPPLANT.—Funds made available to carry out this subsection shall supplement and
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not supplant funds made available for the Commission
and other activities of the Commission.
(d) NORTHERN BORDER REGIONAL COMMISSION.—Section 15733
of title 40, United States Code, is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘Belknap,’’ before ‘‘Carroll,’’; and
(B) by inserting ‘‘Cheshire,’’ before ‘‘Coos,’’;
(2) by striking paragraph (3) and inserting the following
new paragraph:
‘‘(3) NEW YORK.—The counties of Cayuga, Clinton, Essex,
Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida,
Orleans, Oswego, Rensselaer, Saratoga, Schenectady, Seneca,
St. Lawrence, Sullivan, Washington, Warren, Wayne, and Yates
in the State of New York.’’; and
(3) in paragraph (4)—
(A) by inserting ‘‘Addison, Bennington,’’ before ‘‘Caledonia,’’;
(B) by inserting ‘‘Chittenden,’’ before ‘‘Essex,’’;
(C) by striking ‘‘and’’ and inserting ‘‘Orange,’’ and
(D) by inserting ‘‘, Rutland, Washington, Windham,
and Windsor’’ after ‘‘Orleans’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 15751(a) of
title 40, United States Code, is amended by striking ‘‘$30,000,000
for each of fiscal years 2008 through 2018’’ and inserting
‘‘$33,000,000 for each of fiscal years 2019 through 2023’’.
(f) VACANCIES.—Section 15301 of title 40, United States Code,
is amended by adding at the end the following:
‘‘(f) SUCCESSION.—Subject to the time limitations under section
3346 of title 5, the Federal Cochairperson may designate a Federal
employee of the Commission to perform the functions and duties
of the office of the Federal Cochairperson temporarily in an acting
capacity if both the Federal Cochairperson and the alternate Federal
Cochairperson die, resign, or otherwise are unable to perform the
functions and duties of their offices.’’.
(g) TECHNICAL AMENDMENTS.—Chapters 1, 2, 3, and 4 of subtitle V of title 40, United States Code, are redesignated as chapters
151, 153, 155, and 157, respectively.
40 USC
15101 prec.,
15301 prec.,
15501 prec.,
15701 prec.
SEC. 6305. DEFINITION OF RURAL AREA FOR PURPOSES OF THE
HOUSING ACT OF 1949.
The second sentence of section 520 of the Housing Act of 1949
(42 U.S.C. 1490) is amended—
(1) by striking ‘‘or 2010 decennial census’’ and inserting
‘‘2010, or 2020 decennial census’’;
(2) by striking ‘‘December 31, 2010,’’ and inserting
‘‘December 31, 2020,’’ ; and
(3) by striking ‘‘year 2020’’ and inserting ‘‘year 2030’’.
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7 USC 2204b–3.
SEC. 6306. COUNCIL ON RURAL COMMUNITY INNOVATION AND ECONOMIC DEVELOPMENT.
(a) PURPOSE.—The purpose of this section is to enhance the
efforts of the Federal Government to address the needs of rural
areas in the United States by—
(1) establishing a council to better coordinate Federal programs directed to rural communities;
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(2) maximizing the impact of Federal investment to promote
economic prosperity and quality of life in rural communities
in the United States; and
(3) using innovation to resolve local and regional challenges
faced by rural communities.
(b) ESTABLISHMENT.—
(1) There is established a Council on Rural Community
Innovation and Economic Development (referred to in this section as the ‘‘Council’’).
(2) The Council shall be the successor to the Interagency
Task Force on Agriculture and Rural Prosperity established
by Executive Order 13790.
(c) MEMBERSHIP.—
(1) IN GENERAL.—The membership of the Council shall
be composed of the heads of the following executive branch
departments, agencies, and offices:
(A) The Department of Agriculture.
(B) The Department of the Treasury.
(C) The Department of Defense.
(D) The Department of Justice.
(E) The Department of the Interior.
(F) The Department of Commerce.
(G) The Department of Labor.
(H) The Department of Health and Human Services.
(I) The Department of Housing and Urban Development.
(J) The Department of Transportation.
(K) The Department of Energy.
(L) The Department of Education.
(M) The Department of Veterans Affairs.
(N) The Department of Homeland Security.
(O) The Environmental Protection Agency.
(P) The Federal Communications Commission.
(Q) The Office of Management and Budget.
(R) The Office of Science and Technology Policy.
(S) The Office of National Drug Control Policy.
(T) The Council of Economic Advisers.
(U) The Domestic Policy Council.
(V) The National Economic Council.
(W) The Small Business Administration.
(X) The Council on Environmental Quality.
(Y) The White House Office of Public Engagement.
(Z) The White House Office of Cabinet Affairs.
(AA) Such other executive branch departments, agencies, and offices as the President or the Secretary may,
from time to time, designate.
(2) CHAIR.—The Secretary shall serve as the Chair of the
Council.
(3) DESIGNEES.—A member of the Council may designate,
to perform the Council functions of the member, a seniorlevel official who is—
(A) part of the department, agency, or office of the
member; and
(B) a full-time officer or employee of the Federal
Government.
(4) ADMINISTRATION.—The Council shall coordinate policy
development through the rural development mission area.
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(d) FUNDING.—The Secretary shall provide funding and
administrative support for the Council to the extent permitted
by law and within existing appropriations.
(e) MISSION AND FUNCTION OF THE COUNCIL.—The Council shall
work across executive departments, agencies, and offices to coordinate development of policy recommendations—
(1) to maximize the impact of Federal investment on rural
communities;
(2) to promote economic prosperity and quality of life in
rural communities; and
(3) to use innovation to resolve local and regional challenges
faced by rural communities.
(f) DUTIES.—The Council shall—
(1) make recommendations to the President, acting through
the Director of the Domestic Policy Council and the Director
of the National Economic Council, on streamlining and
leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create
economic opportunities to improve the quality of life in rural
areas in the United States;
(2) coordinate and increase the effectiveness of Federal
engagement with rural stakeholders, including agricultural
organizations, small businesses, education and training institutions, health-care providers, telecommunications services providers, electric service providers, transportation providers,
research and land grant institutions, law enforcement, State,
local, and tribal governments, and nongovernmental organizations regarding the needs of rural areas in the United States;
(3) coordinate Federal efforts directed toward the growth
and development of rural geographic regions that encompass
both metropolitan and nonmetropolitan areas;
(4) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other
conservation related activities; and
(5) identify common economic and social challenges faced
by rural communities that could be served through—
(A) better coordination of existing Federal and nonFederal resources; and
(B) innovative solutions utilizing governmental and
nongovernmental resources.
(g) EXECUTIVE DEPARTMENTS AND AGENCIES.—
(1) IN GENERAL.—The heads of executive departments and
agencies shall assist and provide information to the Council,
consistent with applicable law, as may be necessary to carry
out the functions of the Council.
(2) EXPENSES.—Each executive department or agency shall
be responsible for paying any expenses of the executive department or agency for participating in the Council.
(h) COUNCIL WORKING GROUPS.—
(1) IN GENERAL.—The Council may establish, in addition
to the working groups established under paragraph (3), such
other working groups as necessary.
(2) MEMBERSHIP.—The Secretary shall include as members
of each working group such Council members, other heads
of Federal agencies (or their designees as defined in (d)(3)),
and non-Federal partners as determined appropriate to the
subject matter.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4755
(3) REQUIRED WORKING GROUPS.—The working groups
specified in this paragraph are each of the following:
(A) THE RURAL SMART COMMUNITIES WORKING GROUP.—
(i) ESTABLISHMENT.—The Council shall establish
a Rural Smart Communities Working Group.
(ii) DUTIES.—The Rural Smart Communities
Working Group shall—
(I) not later than 1 year after the establishment of such Working Group, submit to Congress
a report describing efforts of rural areas to
integrate smart technology into their communities
to solve challenges relating to governance, economic development, quality of life, or other relevant rural issues, as determined by the Secretary;
and
(II) create, publish, and maintain a resource
guide designed to assist States and other rural
communities in developing and implementing rural
smart community programs.
(iii) SMART COMMUNITY DEFINED.—For the purposes of this subparagraph, the term ‘‘smart community’’ means a community that has the ability to
integrate multiple technological solutions, in a secure
fashion, to manage a community’s assets, including
local government information systems, schools,
libraries, transportation systems, hospitals, power
plants, law enforcement, and other community services
with the goal of promoting quality of life through the
use of technology in ways that improve the efficiency
of services and meet residents’ needs.
(B) JOBS ACCELERATOR WORKING GROUP.—
(i) ESTABLISHMENT.—The Council shall establish
a Jobs Accelerator Working Group.
(ii) GOALS.—The Jobs Accelerator Working Group
shall support rural jobs accelerators (as defined in
section 379I(a)(4) of the Consolidated Farm and Rural
Development Act)—
(I) to improve the ability of rural communities
to create high-wage jobs, accelerate the formation
of new businesses with high-growth potential, and
strengthen regional economies, including by
helping to build capacity in the applicable region
to achieve those goals; and
(II) to help rural communities identify and
maximize local assets and connect to regional
opportunities, networks, and industry clusters that
demonstrate high growth potential.
(iii) DUTIES.—The Jobs Accelerator Working Group
shall—
(I) provide the public with available information and technical assistance on Federal resources
relevant to a project and region;
(II) establish a Federal support team comprised of staff from participating agencies in the
working group that shall provide coordinated and
dedicated support services to rural jobs accelerators; and
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(III) provide opportunities for rural jobs accelerators to share best practices and further collaborate with one another.
Subtitle D—Additional Amendments to the
Consolidated Farm and Rural Development Act
SEC. 6401. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
Section 379H of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008v) is amended to read as follows:
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‘‘SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
‘‘(a) IN GENERAL.—In the case of any program under this title
or administered by the Secretary, acting through the rural development mission area, as determined by the Secretary (referred to
in this section as a ‘covered program’), the Secretary shall give
priority to an application for a project that, as determined and
approved by the Secretary—
‘‘(1) meets the applicable eligibility requirements of this
title or the other applicable authorizing law;
‘‘(2) will be carried out in a rural area; and
‘‘(3) supports the implementation of a strategic community
investment plan described in subsection (d) on a multisectoral
and multijurisdictional basis, to include considerations for
improving and expanding broadband services as needed.
‘‘(b) RESERVE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall reserve not more than 15 percent of the funds made
available for a fiscal year for covered programs for projects
that support the implementation of a strategic community
investment plan described in subsection (d) on a multisectoral
and multijurisdictional basis.
‘‘(2) PERIOD.—Any funds reserved under paragraph (1) shall
only be reserved for the 1-year period beginning on the date
on which the funds were first made available, as determined
by the Secretary.
‘‘(c) APPROVED APPLICATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), any applicant
who submitted an application under a covered program that
was approved before the date of enactment of this section
may amend the application to qualify for the funds reserved
under subsection (b).
‘‘(2) RURAL UTILITIES.—Any applicant who submitted an
application under paragraph (2), (14), or (24) of section 306(a),
or section 306A or 310B(b), that was approved by the Secretary
before the date of enactment of this section shall be eligible
for the funds reserved under subsection (b)—
‘‘(A) on the same basis as an application submitted
under this section; and
‘‘(B) until September 30, 2019.
‘‘(d) STRATEGIC COMMUNITY INVESTMENT PLANS.—
‘‘(1) IN GENERAL.—The Secretary shall provide assistance
to rural communities in developing strategic community investment plans.
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‘‘(2) PLANS.—A strategic community investment plan
described in paragraph (1) shall include—
‘‘(A) a variety of activities designed to facilitate the
vision of a rural community for the future, including considerations for improving and expanding broadband services
as needed;
‘‘(B) participation by multiple stakeholders, including
local and regional partners;
‘‘(C) leverage of applicable regional resources;
‘‘(D) investment from strategic partners, such as—
‘‘(i) private organizations;
‘‘(ii) cooperatives;
‘‘(iii) other government entities;
‘‘(iv) Indian Tribes; and
‘‘(v) philanthropic organizations;
‘‘(E) clear objectives with the ability to establish measurable performance metrics;
‘‘(F) action steps for implementation; and
‘‘(G) any other elements necessary to ensure that the
plan results in a comprehensive and strategic approach
to rural economic development, as determined by the Secretary.
‘‘(3) COORDINATION.—The Secretary shall coordinate with
Indian Tribes and local, State, regional, and Federal partners
to develop strategic community investment plans under this
subsection.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2019 through 2023, to remain available
until expended.’’.
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SEC. 6402. EXPANDING ACCESS TO CREDIT FOR RURAL COMMUNITIES.
(a) CERTAIN PROGRAMS UNDER THE CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT.—Section 343(a)(13) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is
amended—
(1) in subparagraph (B)—
(A) in the heading, by striking ‘‘AND GUARANTEED’’;
and
(B) in the text—
(i) by striking ‘‘and guaranteed’’; and
(ii) by striking ‘‘(1), (2), and (24)’’ and inserting
‘‘(1) and (2)’’; and
(2) in subparagraph (C)—
(A) by striking ‘‘and guaranteed’’; and
(B) by striking ‘‘(21), and (24)’’ and inserting ‘‘and
(21)’’.
(b) POPULATION CAPS FOR GUARANTEED LENDING.—Section
306(a)(24) of such Act (7 U.S.C. 1926(a)(24)) is amended by adding
at the end the following:
‘‘(D) PRIORITY.—
‘‘(i) WATER OR WASTE FACILITY.—The Secretary
shall prioritize water and waste facility projects under
this paragraph in rural areas with a population of
not more than 10,000 people.
‘‘(ii) COMMUNITY FACILITY.—Of the funds made
available to carry out this paragraph for community
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facility loan guarantees for a fiscal year the following
amounts shall be reserved for projects in rural areas
with a population of not more than 20,000 inhabitants:
‘‘(I) 100 percent of the first $200,000,000 so
made available;
‘‘(II) 50 percent of the next $200,000,000 so
made available; and
‘‘(III) 25 percent of all amounts exceeding
$400,000,000 so made available,
except that, to the extent that the Secretary demonstrates that the funds so reserved are not needed
to finance a community facility project in such a rural
area, the Secretary may use the funds for other community facility projects in accordance with this paragraph.’’.
SEC. 6403. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY
GRANTS.
Section 306(a)(2)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)) is amended—
(1) in clause (iii), by striking ‘‘$100,000’’ each place it
appears and inserting ‘‘$200,000’’; and
(2) in clause (vii), by striking ‘‘$30,000,000 for each of
fiscal years 2008 through 2018’’ and inserting ‘‘$15,000,000
for each of fiscal years 2019 through 2023’’.
SEC. 6404. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE
AND TRAINING PROGRAMS.
Section 306(a)(14) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(14)) is amended—
(1) in subparagraph (A)—
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
‘‘(iv) identify options to enhance the long-term
sustainability of rural water and waste systems,
including operational practices, revenue enhancements,
partnerships, consolidation, regionalization, or contract
services; and
‘‘(v) address the contamination of drinking water
and surface water supplies by emerging contaminants,
including per- and polyfluoroalkyl substances.’’; and
(2) in subparagraph (C)—
(A) by striking ‘‘1 nor more than 3’’ and inserting
‘‘3 percent and not more than 5’’; and
(B) by striking ‘‘1 per centum’’ and inserting ‘‘3 percent’’.
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SEC. 6405. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(22)(B)) is amended by striking
‘‘$20,000,000 for fiscal year 2014 and each fiscal year thereafter’’
and inserting ‘‘$25,000,000 for each of fiscal years 2019 through
2023’’.
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132 STAT. 4759
SEC. 6406. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking
‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 6407. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT PROGRAM.
(a) IN GENERAL.—Section 306A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926a) is amended—
(1) in subsection (b)(1), by striking ‘‘; and’’ and inserting
the following: ‘‘, particularly to projects to address contamination that—
‘‘(A) poses a threat to human health or the environment; and
‘‘(B) was caused by circumstances beyond the control
of the applicant for a grant, including circumstances that
occurred over a period of time; and’’;
(2) in subsection (d)(1)(D), by inserting ‘‘, other than those
covered above for not to exceed 120 days when a more permanent solution is not feasible in a shorter time frame. Where
drinking water supplies are inadequate due to an event, as
determined by the Secretary, including drought, severe
weather, or contamination, the Secretary may provide potable
water for an additional period of time not to exceed an additional 120 days in order to protect public health’’ before the
period;
(3) in subsection (e)(1)(B), by striking ‘‘according to the
most recent decennial census of the United States’’;
(4) in subsection (f)(1), by striking ‘‘$500,000’’ and inserting
‘‘$1,000,000’’; and
(5) in subsection (i)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘3 nor more
than 5’’ and inserting ‘‘5 percent and not more than
7’’; and
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) RELEASE.—
‘‘(i) IN GENERAL.—Funds reserved under subparagraph (A) for a fiscal year shall be reserved only until
July 1 of the fiscal year.
‘‘(ii) EXCEPTION.—Notwithstanding clause (i), in
response to an eligible community where the drinking
water supplies are inadequate, as determined by the
Secretary, due to an event, including drought, severe
weather, or contamination, the Secretary may use
funds described in subparagraph (A) from July 1
through September 30 each fiscal year to provide
potable water under this section in order to protect
public health.’’; and
(B) in paragraph (2), by striking ‘‘$35,000,000 for each
of fiscal years 2008 through 2018’’ and inserting
‘‘$50,000,000 for each of fiscal years 2019 through 2023’’.
(b) INTERAGENCY TASK FORCE ON RURAL WATER QUALITY.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this section, the Secretary shall coordinate
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132 STAT. 4760
PUBLIC LAW 115–334—DEC. 20, 2018
an interagency task force to examine drinking water and surface water contamination in rural communities, particularly
rural communities that are in close proximity to active or
decommissioned military installations in the United States.
(2) MEMBERSHIP.—The interagency task force shall consist
of—
(A) the Secretary;
(B) the Secretary of the Army, acting through the
Chief of Engineers;
(C) the Secretary of Health and Human Services, acting
through—
(i) the Director of the Agency for Toxic Substances
and Disease Registry; and
(ii) the Director of the Centers for Disease Control
and Prevention;
(D) the Secretary of Housing and Urban Development;
(E) the Secretary of the Interior, acting through—
(i) the Director of the United States Fish and
Wildlife Service; and
(ii) the Director of the United States Geological
Survey;
(F) the Administrator of the Environmental Protection
Agency; and
(G) representatives from rural drinking and wastewater entities, State and community regulators, and appropriate scientific experts that reflect a diverse cross-section
of the rural communities described in paragraph (1).
(3) REPORT.—
(A) IN GENERAL.—Not later than 360 days after the
date of enactment of this section, the task force shall submit
to the committees described in subparagraph (B) a report
that—
(i) examines, and identifies issues relating to,
water contamination in rural communities, particularly
rural communities that are in close proximity to active
or decommissioned military installations in the United
States;
(ii) reviews the extent to which Federal, State,
and local government agencies coordinate with one
another to address the issues identified under clause
(i);
(iii) recommends how Federal, State, and local
government agencies can work together in the most
effective, efficient, and cost-effective manner practicable, to address the issues identified under clause
(i); and
(iv) recommends changes to existing statutory
requirements, regulatory requirements, or both, to
improve interagency coordination and responsiveness
to address the issues identified under clause (i).
(B) COMMITTEES DESCRIBED.—The committees referred
to in subparagraph (A) are—
(i) the Committee on Agriculture of the House
of Representatives;
(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
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132 STAT. 4761
(iii) the Committee on Energy and Commerce of
the House of Representatives;
(iv) the Committee on Environment and Public
Works of the Senate;
(v) the Committee on Armed Services of the House
of Representatives; and
(vi) the Committee on Armed Services of the
Senate.
SEC. 6408. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
Section 306D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926d) is amended—
(1) in subsection (a), by striking ‘‘Alaska for’’ and inserting
‘‘Alaska, a consortium formed pursuant to section 325 of the
Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83; 111 Stat. 1597), and Native
villages (as defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)) for’’;
(2) in subsection (b), by inserting ‘‘for any grant awarded
under subsection (a)’’ before the period at the end; and
(3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(B) in paragraph (2), by striking ‘‘Alaska’’ and inserting
‘‘Alaska, and not more than 2 percent of the amount made
available under paragraph (1) for a fiscal year may be
used by a consortium formed pursuant to section 325 of
the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83; 111 Stat. 1597),’’.
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SEC. 6409. RURAL DECENTRALIZED WATER SYSTEMS.
Section 306E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926e) is amended—
(1) by striking the section heading and inserting ‘‘RURAL
DECENTRALIZED WATER SYSTEMS’’;
(2) in subsection (a), by striking ‘‘100’’ and inserting ‘‘60’’;
(3) in subsection (b)—
(A) in paragraph (1)—
(i) by inserting ‘‘and subgrants’’ after ‘‘loans’’; and
(ii) by inserting ‘‘and individually owned household
decentralized wastewater systems’’ after ‘‘well systems’’;
(B) by striking paragraph (2) and inserting the following:
‘‘(2) TERMS AND AMOUNTS.—
‘‘(A) TERMS OF LOANS.—A loan made with grant funds
under this section—
‘‘(i) shall have an interest rate of 1 percent; and
‘‘(ii) shall have a term not to exceed 20 years.
‘‘(B) AMOUNTS.—A loan or subgrant made with grant
funds under this section shall not exceed $15,000 for each
water well system or decentralized wastewater system
described in paragraph (1).’’; and
(C) by adding at the end the following:
‘‘(4) GROUND WELL WATER CONTAMINATION.—In the event
of ground well water contamination, the Secretary shall allow
a loan or subgrant to be made with grant funds under this
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PUBLIC LAW 115–334—DEC. 20, 2018
section for the installation of water treatment where needed
beyond the point of entry, with or without the installation
of a new water well system.’’;
(4) in subsection (c), by striking ‘‘productive use of individually-owned household water well systems’’ and inserting ‘‘effective use of individually owned household water well systems,
individually owned household decentralized wastewater systems,’’; and
(5) in subsection (d)—
(A)
by
striking
‘‘$5,000,000’’
and
inserting
‘‘$20,000,000’’; and
(B) by striking ‘‘2014 through 2018’’ and inserting
‘‘2019 through 2023’’.
SEC. 6410. SOLID WASTE MANAGEMENT GRANTS.
Section 310B(b)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(b)(2)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 6411. RURAL BUSINESS DEVELOPMENT GRANTS.
Section 310B(c)(4)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(4)(A)) is amended by striking
‘‘2018’’ and inserting ‘‘2023’’.
SEC. 6412. RURAL COOPERATIVE DEVELOPMENT GRANTS.
(a) IN GENERAL.—Section 310B(e) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1932(e)) is amended—
(1) in paragraph (10), by inserting ‘‘(including research
and analysis based on data from the latest available Economic
Census conducted by the Bureau of the Census)’’ after ‘‘conduct
research’’; and
(2) in paragraph (13), by striking ‘‘2018’’ and inserting
‘‘2023’’.
(b) TECHNICAL CORRECTION.—Section 310B(e)(11)(B)(i) of such
Act (7 U.S.C. 1932(e)(11)(B)(i)) is amended by striking ‘‘(12)’’ and
inserting ‘‘(13)’’.
SEC. 6413. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL
FOOD PRODUCTS.
Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 6414. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS
PROGRAM.
Section 310B(i)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(4)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 6415. RURAL ECONOMIC AREA PARTNERSHIP ZONES.
Section 310B(j) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(j)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
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SEC. 6416. INTEMEDIARY RELENDING PROGRAM.
Section 310H of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1936b) is amended—
(1) by redesignating subsection (e) as subsection (i);
(2) by inserting after subsection (d) the following:
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132 STAT. 4763
‘‘(e) LIMITATION ON LOAN AMOUNTS.—The maximum amount
of a loan by an eligible entity described in subsection (b) to individuals and entities for a project under subsection (c), including the
unpaid balance of any existing loans, shall be the lesser of—
‘‘(1) $400,000; and
‘‘(2) 50 percent of the loan to the eligible entity under
subsection (a).
‘‘(f) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible to receive a loan or loan
guarantee under subsection (a), an eligible entity described
in subsection (b) shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
‘‘(2) EVALUATION.—In evaluating applications submitted
under paragraph (1), the Secretary shall—
‘‘(A)(i) take into consideration the previous performance
of an eligible entity in carrying out projects under subsection (c); and
‘‘(ii) in the case of satisfactory performance under
clause (i), require the eligible entity to contribute less
equity for subsequent loans without modifying the priority
given to subsequent applications; and
‘‘(B) in assigning priorities to applications, require an
eligible entity to demonstrate that it has a governing or
advisory board made up of business, civic, and community
leaders who are representative of the communities of the
service area, without limitation to the size of the service
area.
‘‘(g) RETURN OF EQUITY.—The Secretary shall establish a
schedule that is consistent with the amortization schedules of the
portfolio of loans made or guaranteed under subsection (a) for
the return of any equity contribution made under this section
by an eligible entity described in subsection (b), if the eligible
entity is—
‘‘(1) current on all principal and interest payments; and
‘‘(2) in compliance with loan covenants.
‘‘(h) REGULATIONS.—The Secretary shall promulgate regulations
and establish procedures reducing the administrative requirements
on eligible entities described in subsection (b), including regulations
to carry out the amendments made to this section by the Agriculture
Improvement Act of 2018.’’; and
(3) in subsection (i) (as so redesignated), by striking ‘‘2018’’
and inserting ‘‘2023’’.
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SEC. 6417. ACCESS TO INFORMATION TO VERIFY INCOME FOR PARTICIPANTS IN CERTAIN RURAL HOUSING PROGRAMS.
Section 331 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981), as amended by section 6210(a) of this Act,
is amended by adding at the end the following:
‘‘(f) ACCESS TO INFORMATION TO VERIFY INCOME FOR PARTICIPANTS IN CERTAIN RURAL HOUSING PROGRAMS.—The Secretary and
the designees of the Secretary are hereby granted the same access
to information and subject to the same requirements applicable
to the Secretary of Housing and Urban Development as provided
in section 453 of the Social Security Act (42 U.S.C. 653) and section
6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(7)(D)(ix)) to verify income for individuals participating in
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PUBLIC LAW 115–334—DEC. 20, 2018
sections 502, 504, 521, and 542 of the Housing Act of 1949 (42
U.S.C. 1472, 1474, 1490a, and 1490r), notwithstanding section 453(l)
of the Social Security Act.’’.
SEC. 6418. PROVIDING FOR ADDITIONAL FEES FOR GUARANTEED
LOANS UNDER THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
Section 333 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1983) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) in the case of an insured or guaranteed loan issued
or modified under section 306(a), charge and collect from the
lender fees in such amounts as to bring down the costs of
subsidies for the insured or guaranteed loan, except that the
fees shall not act as a bar to participation in the programs
nor be inconsistent with current practices in the marketplace.’’.
SEC. 6419. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECHNICAL ASSISTANCE AND TRAINING.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 367, as added by section 5306 of this
Act, the following:
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7 USC 2008c.
‘‘SEC. 368. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECHNICAL ASSISTANCE AND TRAINING.
‘‘(a) IN GENERAL.—The Secretary may make grants to public
bodies, private nonprofit corporations, economic development
authorities, institutions of higher education, federally recognized
Indian Tribes, and rural cooperatives for the purpose of providing
or obtaining technical assistance and training to support funding
applications for programs carried out by the Secretary, acting
through the Administrator of the Rural Business-Cooperative
Service.
‘‘(b) PURPOSES.—A grant under subsection (a) may be used—
‘‘(1) to assist communities in identifying and planning for
business and economic development needs;
‘‘(2) to identify public and private resources to finance
business and small and emerging business needs;
‘‘(3) to prepare reports and surveys necessary to request
financial assistance for businesses in rural communities; and
‘‘(4) to prepare applications for financial assistance.
‘‘(c) SELECTION PRIORITY.—In selecting recipients of grants
under this section, the Secretary shall give priority to grants serving
persistent poverty counties and high poverty communities, as determined by the Secretary.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years
2019 through 2023, to remain available until expended.
‘‘(2) AVAILABILITY.—Any amounts authorized to be appropriated under paragraph (1) for any fiscal year that are not
appropriated for that fiscal year may be appropriated for the
immediately succeeding fiscal year.’’.
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132 STAT. 4765
SEC. 6420. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008m) is amended in each of subsections (g)(1)
and (h), by striking ‘‘2018’’ and inserting ‘‘2023’’ each place it
appears.
SEC. 6421. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008p(d)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 6422. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008s) is amended—
(1) in subsection (b)(4)(B)(ii)—
(A) in the clause heading, by striking ‘‘MAXIMUM
AMOUNT’’ and inserting ‘‘AMOUNT’’;
(B) by inserting ‘‘not less than 20 percent and’’ before
‘‘not more than 25 percent’’; and
(C) by striking the period at the end and inserting
the following: ‘‘, subject to—
‘‘(I) satisfactory performance by the microenterprise development organization under this section, and
‘‘(II) the availability of funding.’’; and
(2) by striking subsection (d) and inserting the following:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $20,000,000 for each
of fiscal years 2019 through 2023.’’.
SEC. 6423. HEALTH CARE SERVICES.
Section 379G(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008u(e)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 6424. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981 et seq.) is amended by adding at the end
the following:
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‘‘SEC. 379I. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
7 USC 2008w.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
rural jobs accelerator partnership established after the date
of enactment of this section that—
‘‘(A) organizes key community and regional stakeholders into a working group that—
‘‘(i) focuses on the shared goals and needs of the
industry clusters that are objectively identified as
existing, emerging, or declining;
‘‘(ii) represents a region defined by the partnership
in accordance with subparagraph (B);
‘‘(iii) includes 1 or more representatives of—
‘‘(I) an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001));
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132 STAT. 4766
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(II) a private entity; or
‘‘(III) a government entity; and
‘‘(iv) has, as a lead applicant—
‘‘(I) a District Organization (as defined in section 300.3 of title 13, Code of Federal Regulations
(or a successor regulation));
‘‘(II) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), or a consortium
of Indian tribes;
‘‘(III) a State or a political subdivision of a
State, including a special purpose unit of a State
or local government engaged in economic development activities, or a consortium of political subdivisions;
‘‘(IV) an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) or a consortium
of institutions of higher education; or
‘‘(V) a public or private nonprofit organization;
and
‘‘(B) subject to approval by the Secretary, may—
‘‘(i) serve a region that is—
‘‘(I) a single jurisdiction; or
‘‘(II) if the region is a rural area, multijurisdictional; and
‘‘(ii) define the region that the partnership represents, if the region—
‘‘(I) is large enough to contain critical elements
of the industry cluster prioritized by the partnership;
‘‘(II) is small enough to enable close collaboration among members of the partnership;
‘‘(III) includes a majority of communities that
are located in—
‘‘(aa) a nonmetropolitan area that qualifies
as a low-income community (as defined in section 45D(e) of the Internal Revenue Code of
1986); and
‘‘(bb) an area that has access to or has
a plan to achieve broadband service (within
the meaning of title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.));
and
‘‘(IV)(aa) has a population of 50,000 or fewer
inhabitants; or
‘‘(bb) for a region with a population of more
than 50,000 inhabitants, is the subject of a positive
determination by the Secretary with respect to
a rural-in-character petition, including such a petition submitted concurrently with the application
of the partnership for a grant under this section.
‘‘(2) INDUSTRY CLUSTER.—The term ‘industry cluster’ means
a broadly defined network of interconnected firms and supporting institutions in related industries that accelerate innovation, business formation, and job creation by taking advantage
of assets and strengths of a region in the business environment.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4767
‘‘(3) HIGH-WAGE JOB.—The term ‘high-wage job’ means a
job that provides a wage that is greater than the median
wage for the applicable region, as determined by the Secretary.
‘‘(4) JOBS ACCELERATOR.—The term ‘jobs accelerator’ means
a jobs accelerator center or program located in or serving a
low-income rural community that may provide co-working
space, in-demand skills training, entrepreneurship support, and
any other services described in subsection (d)(1)(B).
‘‘(5) SMALL AND DISADVANTAGED BUSINESS.—The term
‘small and disadvantaged business’ has the meaning given the
term ‘small business concern owned and controlled by socially
and economically disadvantaged individuals’ in section
8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish a grant
program under which the Secretary shall award grants, on
a competitive basis, to eligible entities to establish jobs accelerators, including related programming, that—
‘‘(A) improve the ability of distressed rural communities
to create high-wage jobs, accelerate the formation of new
businesses with high-growth potential, and strengthen
regional economies, including by helping to build capacity
in the applicable region to achieve those goals; and
‘‘(B) help rural communities identify and maximize
local assets and connect to regional opportunities, networks, and industry clusters that demonstrate high growth
potential.
‘‘(2) COST-SHARING.—
‘‘(A) IN GENERAL.—The Federal share of the cost of
any activity carried out using a grant made under paragraph (1) shall be not greater than 80 percent.
‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Federal share
of the total cost of any activity carried out using a grant
made under paragraph (1) may be in the form of donations
or in-kind contributions of goods or services fairly valued.
‘‘(3) SELECTION CRITERIA.—In selecting eligible entities to
receive grants under paragraph (1), the Secretary shall consider—
‘‘(A) the commitment of participating core stakeholders
in the jobs accelerator partnership, including a demonstration that—
‘‘(i) investment organizations, including venture
development organizations, venture capital firms,
revolving loan funders, angel investment groups,
community lenders, community development financial
institutions, rural business investment companies,
small business investment companies (as defined in
section 103 of the Small Business Investment Act of
1958 (15 U.S.C. 662)), philanthropic organizations, and
other institutions focused on expanding access to capital, are committed partners in the jobs accelerator
partnership and willing to potentially invest in projects
emerging from the jobs accelerator; and
‘‘(ii) institutions of higher education, applied
research institutions, workforce development entities,
and community-based organizations are willing to
partner with the jobs accelerator to provide workers
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PUBLIC LAW 115–334—DEC. 20, 2018
with skills relevant to the industry cluster needs of
the region, with an emphasis on the use of on-thejob training, registered apprenticeships, customized
training, classroom occupational training, or incumbent
worker training;
‘‘(B) the ability of the eligible entity to provide the
non-Federal share as required under paragraph (2);
‘‘(C) the identification of a targeted industry cluster;
‘‘(D) the ability of the partnership to link rural communities to markets, networks, industry clusters, and other
regional opportunities and assets;
‘‘(E) other grants or loans of the Secretary and other
Federal agencies that the jobs accelerator would be able
to leverage; and
‘‘(F) prospects for the proposed center and related
programming to have sustainability beyond the full maximum length of assistance under this subsection, including
the maximum number of renewals.
‘‘(4) GRANT TERM AND RENEWALS.—
‘‘(A) TERM.—The initial term of a grant under paragraph (1) shall be 4 years.
‘‘(B) RENEWAL.—The Secretary may extend the term
of a grant under paragraph (1) for an additional period
of not longer than 2 years if the Secretary is satisfied,
using the evaluation under subsection (e)(2), that the grant
recipient has successfully established a jobs accelerator
and related programming.
‘‘(5) GEOGRAPHIC DISTRIBUTION.—To the maximum extent
practicable, the Secretary shall provide grants under paragraph
(1) for jobs accelerators and related programming in not fewer
than 25 States at any time.
‘‘(c) GRANT AMOUNT.—A grant awarded under subsection (b)
may be in an amount equal to—
‘‘(1) not less than $500,000; and
‘‘(2) not more than $2,000,000.
‘‘(d) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), funds from
a grant awarded under subsection (b) may be used—
‘‘(A) to construct, purchase, or equip a building to serve
as an innovation center;
‘‘(B) to support programs to be carried out at, or in
direct partnership with, the jobs accelerator that support
the objectives of the jobs accelerator, including—
‘‘(i) linking rural communities and entrepreneurs
to markets, networks, industry clusters, and other
regional opportunities to support high-wage job creation, new business formation, business expansion, and
economic growth;
‘‘(ii) integrating small businesses into a supply
chain;
‘‘(iii) creating or expanding commercialization
activities for new business formation;
‘‘(iv) identifying and building assets in rural
communities that are crucial to supporting regional
economies;
‘‘(v) facilitating the repatriation of high-wage jobs
to the United States;
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132 STAT. 4769
‘‘(vi) supporting the deployment of innovative processes, technologies, and products;
‘‘(vii) enhancing the capacity of small businesses
in regional industry clusters, including small and disadvantaged businesses;
‘‘(viii) increasing United States exports and business interaction with international buyers and suppliers;
‘‘(ix) developing the skills and expertise of local
workforces, entrepreneurs, and institutional partners
to meet the needs of employers and prepare workers
for high-wage jobs in the identified industry clusters,
including the upskilling of incumbent workers;
‘‘(x) ensuring rural communities have the capacity
and ability to carry out projects relating to housing,
community facilities, infrastructure, or community and
economic development to support regional industry
cluster growth; or
‘‘(xi) any other activities that the Secretary may
determine to be appropriate.
‘‘(2) REQUIREMENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), not
more than 10 percent of a grant awarded under subsection
(b) shall be used for indirect costs associated with administering the grant.
‘‘(B) INCREASE.—The Secretary may increase the
percentage described in subparagraph (A) on a case-bycase basis.
‘‘(e) ANNUAL ACTIVITY REPORT AND EVALUATION.—Not later
than 1 year after receiving a grant under this section, and annually
thereafter for the duration of the grant, an eligible entity shall—
‘‘(1) report to the Secretary on the activities funded with
the grant; and
‘‘(2)(A) evaluate the progress that the eligible entity has
made toward the strategic objectives identified in the application for the grant; and
‘‘(B) measure that progress using performance measures
during the project period, which may include—
‘‘(i) high-wage jobs created;
‘‘(ii) high-wage jobs retained;
‘‘(iii) private investment leveraged;
‘‘(iv) businesses improved;
‘‘(v) new business formations;
‘‘(vi) new products or services commercialized;
‘‘(vii) improvement of the value of existing products
or services under development;
‘‘(viii) regional collaboration, as measured by such
metrics as—
‘‘(I) the number of organizations actively engaged
in the industry cluster;
‘‘(II) the number of symposia held by the industry
cluster, including organizations that are not located
in the immediate region defined by the partnership;
and
‘‘(III) the number of further cooperative agreements;
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‘‘(ix) the number of education and training activities
relating to innovation;
‘‘(x) the number of jobs relocated from outside of the
United States to the region;
‘‘(xi) the amount and number of new equity investments in industry cluster firms;
‘‘(xii) the amount and number of new loans to industry
cluster firms;
‘‘(xiii) the dollar increase in exports resulting from
the project activities;
‘‘(xiv) the percentage of employees for which training
was provided;
‘‘(xv) improvement in sales of participating businesses;
‘‘(xvi) improvement in wages paid at participating
businesses;
‘‘(xvii) improvement in income of participating workers;
or
‘‘(xviii) any other measure the Secretary determines
to be appropriate.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2019 through 2023.’’.
SEC. 6425. DELTA REGIONAL AUTHORITY.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 382M(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa–12(a)) is amended by striking ‘‘2008 through 2018’’ and
inserting ‘‘2019 through 2023’’.
(b) TERMINATION OF AUTHORITY.—Section 382N of such Act
(7 U.S.C. 2009aa–13) is amended by striking ‘‘2018’’ and inserting
‘‘2023’’.
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SEC. 6426. RURAL BUSINESS INVESTMENT PROGRAM.
(a) DEFINITIONS.—Section 384A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc) is amended—
(1) in paragraph (2)—
(A) in the paragraph heading, by striking ‘‘VENTURE’’;
and
(B) by striking ‘‘venture’’; and
(2) by striking paragraph (4) and inserting the following:
‘‘(4) EQUITY CAPITAL.—The term ‘equity capital’ means—
‘‘(A) common or preferred stock or a similar instrument,
including subordinated debt with equity features; and
‘‘(B) any other type of equity-like financing that might
be necessary to facilitate the purposes of this Act, excluding
financing such as senior debt or other types of financing
that competes with routine loanmaking of commercial
lenders.’’.
(b) PURPOSES.—Section 384B of such Act (7 U.S.C. 2009cc–
1) is amended—
(1) in paragraph (1), by striking ‘‘venture’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘venture’’; and
(B) in subparagraph (B), by striking ‘‘venture’’.
(c) SELECTION OF RURAL BUSINESS INVESTMENT COMPANIES.—
Section 384D(b)(1) of such Act (7 U.S.C. 2009cc–3(b)(1)) is amended
by striking ‘‘developmental venture’’ and inserting ‘‘developmental’’.
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132 STAT. 4771
(d) FEES.—Section 384G of such Act (7 U.S.C. 2009cc–6) is
amended—
(1) in subsections (a) and (b), by striking ‘‘a fee that does
not exceed $500’’ each place it appears and inserting ‘‘such
fees as the Secretary considers appropriate, so long as those
fees are proportionally equal for each rural business investment
company,’’; and
(2) in subsection (c)(2)—
(A) in subparagraph (B), by striking ‘‘solely to cover
the costs of licensing examinations’’ and inserting ‘‘as the
Secretary considers appropriate’’; and
(B) by striking subparagraph (C) and inserting the
following:
‘‘(C) shall be in such amounts as the Secretary considers appropriate.’’.
(e) LIMITATION ON RURAL BUSINESS INVESTMENT COMPANIES
CONTROLLED BY FARM CREDIT SYSTEM INSTITUTIONS.—Section
384J(c) of such Act (7 U.S.C. 2009cc–9(c)) is amended by striking
‘‘25’’ and inserting ‘‘50’’.
(f) FLEXIBILITY ON SOURCES OF INVESTMENT OR CAPITAL.—Section 384J(a) of such Act (7 U.S.C. 2009cc–9(a)) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(2) by striking the subsection designation and heading and
all that follows through ‘‘Except as’’ in the matter preceding
subparagraph (A) (as so redesignated) and inserting the following:
‘‘(a) INVESTMENT.—
‘‘(1) IN GENERAL.—Except as’’; and
(3) by adding at the end the following:
‘‘(2) LIMITATION ON REQUIREMENTS.—The Secretary may
not require that an entity described in paragraph (1) provide
investment or capital that is not required of other companies
eligible to apply to operate as a rural business investment
company under section 384D(a).’’.
SEC. 6427. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009cc–18) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
Subtitle E—Additional Amendments to the
Rural Electrification Act of 1936
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SEC. 6501. AMENDMENTS TO SECTION 2 OF THE RURAL ELECTRIFICATION ACT OF 1936.
(a) ELECTRIC LOAN REFINANCING.—Section 2(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by striking
‘‘loans in’’ and inserting ‘‘loans, or refinance loans made by the
Secretary under this Act, in’’.
(b) TECHNICAL ASSISTANCE FOR RURAL ELECTRIFICATION
LOANS.—Section 2 of such Act (7 U.S.C. 902) is amended by adding
at the end the following:
‘‘(c) TECHNICAL ASSISTANCE.—Not later than 180 days after
the date of enactment of this subsection, the Secretary shall enter
into a memorandum of understanding with the Secretary of Energy
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under which the Secretary of Energy shall provide technical assistance to the Rural Utilities Service on loans to be made under
subsection (a) of this section and section 4(a).’’.
SEC. 6502. LOANS FOR TELEPHONE SERVICE.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C.
922) is amended—
(1) by striking the section designation and all that follows
through ‘‘From such sums’’ and inserting the following:
‘‘SEC. 201. LOANS FOR TELEPHONE SERVICE.
‘‘From such sums’’;
(2) in the second sentence, by striking ‘‘associations:’’ and
all that follows through ‘‘same subscribers.’’ and inserting
‘‘associations.’’; and
(3) in the sixth sentence, by striking ‘‘, nor shall such
loan be made in any State’’ and all that follows through
‘‘writing)’’ in the seventh sentence and inserting the following:
‘‘and’’.
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SEC. 6503. CUSHION OF CREDIT PAYMENTS PROGRAM.
Section 313(a) of the Rural Electrification Act of 1936 (7 U.S.C.
940c(a)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(1) IN GENERAL.—The’’ and inserting
the following:
‘‘(1) IN GENERAL.—
‘‘(A) DEVELOPMENT AND PROMOTION OF PROGRAM.—
The’’; and
(B) by adding after and below the end the following:
‘‘(B) TERMINATION.—Effective on the date of enactment
of this subparagraph, no deposits may be made under
subparagraph (A).’’;
(2) in paragraph (2)—
(A) by striking ‘‘(2) INTEREST.—Amounts’’ and inserting
the following:
‘‘(2) INTEREST.—
‘‘(A) IN GENERAL.—Amounts’’; and
(B) by adding after and below the end the following:
‘‘(B) REDUCTION.—Notwithstanding subparagraph (A),
amounts in each cushion of credit account shall accrue
interest to the borrower at a rate equal to—
‘‘(i) 4 percent per annum in fiscal year 2021; and
‘‘(ii) the then applicable 1-year Treasury rate thereafter.’’; and
(3) in paragraph (3)—
(A) by striking ‘‘(3) BALANCE.—A’’ and inserting the
following:
‘‘(3) BALANCE.—
‘‘(A) IN GENERAL.—A’’; and
(B) by after and below the end the following:
‘‘(B) PREPAYMENT.—Notwithstanding subparagraph (A)
and subject to subparagraph (C), beginning on the date
of the enactment of this subparagraph and ending with
September 30, 2020, a borrower may, at the sole discretion
of the borrower, reduce the balance of its cushion of credit
account if the amount obtained from the reduction is used
to prepay loans made or guaranteed under this Act.
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132 STAT. 4773
‘‘(C) NO PREPAYMENT PREMIUM.—Notwithstanding any
other provision of this Act, no prepayment premium shall
be imposed or collected with respect to that portion of
a loan that is prepaid by a borrower in accordance with
subparagraph (B).
‘‘(D) MANDATORY FUNDING.—Notwithstanding section
504 of the Federal Credit Reform Act of 1990, out of any
funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall make available such sums
as necessary to cover any loan modification costs as defined
in section 502 of such Act.’’.
SEC. 6504. EXTENSION OF THE RURAL ECONOMIC DEVELOPMENT
LOAN AND GRANT PROGRAM.
(a) Section 12(b)(3)(D) of the Rural Electrification Act of 1936
(7 U.S.C. 912(b)(3)(D)) is amended by striking ‘‘313(b)(2)(A)’’ and
inserting ‘‘313(b)(2)’’.
(b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is
amended—
(1) by striking all that precedes ‘‘shall maintain’’ and
inserting the following:
‘‘(2) RURAL ECONOMIC DEVELOPMENT SUBACCOUNT.—The
Secretary’’; and
(2) by striking ‘‘the 5 percent’’ and all that follows through
subparagraph (E) and inserting ‘‘5 percent.’’.
(c) Title III of such Act (7 U.S.C. 931–940h) is amended by
inserting after section 313A the following:
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‘‘SEC. 313B. RURAL DEVELOPMENT LOANS AND GRANTS.
7 USC 940c–2.
‘‘(a) IN GENERAL.—The Secretary shall provide grants or zero
interest loans to borrowers under this Act for the purpose of promoting rural economic development and job creation projects,
including funding for project feasibility studies, start-up costs, incubator projects, and other reasonable expenses for the purpose of
fostering rural development.
‘‘(b) REPAYMENTS.—In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will
encourage borrower participation.
‘‘(c) PROCEEDS.—All proceeds from the repayment of such loans
made under this section shall be returned to the subaccount that
the Secretary shall maintain in accordance with sections 313(b)(2)
and 313B(f).
‘‘(d) NUMBER OF GRANTS.—Loans and grants required under
this section shall be made to the full extent of the amounts made
available under subsection (e).
‘‘(e) FUNDING.—
‘‘(1) DISCRETIONARY FUNDING.—In addition to other funds
that are available to carry out this section, there is authorized
to be appropriated not more than $10,000,000 for each of fiscal
years 2019 through 2023 to carry out this section, to remain
available until expended.
‘‘(2) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall credit to the subaccount
to use for the cost of grants and loans under this section
$5,000,000 for each of fiscal years 2022 and 2023, to remain
available until expended.
‘‘(3) OTHER FUNDS.—In addition to the funds described
in paragraphs (1) and (2), the Secretary shall use, without
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note.
PUBLIC LAW 115–334—DEC. 20, 2018
fiscal year limitation, to provide grants and loans under this
section—
‘‘(A) the interest differential sums credited to the subaccount described in subsection (c); and
‘‘(B) subject to section 313A(e)(2), the fees described
in subsection (c)(4) of such section.
‘‘(f) MAINTENANCE OF ACCOUNT.—The Secretary shall maintain
the subaccount described in section 313(b)(2), as in effect in fiscal
year 2017, for purposes of carrying out this section.’’.
(d) Section 313A of the Rural Electrification Act of 1936 (7
U.S.C. 940c–1) is amended—
(1) in subsection (c)(4)—
(A) in subparagraph (A), by striking ‘‘maintained under
section 313(b)(2)(A)’’ and inserting ‘‘that shall be maintained as required by sections 313(b)(2) and 313B(f)’’; and
(B) in subparagraph (B), by striking ‘‘313(b)(2)(B)’’ and
inserting ‘‘313(b)(2)’’; and
(2) in subsection (e)(2), by striking ‘‘maintained under section 313(b)(2)(A)’’ and inserting ‘‘required to be maintained
by sections 313(b)(2) and 313B(f)’’.
(e)(1) Subject to section 313B(e) of the Rural Electrification
Act of 1936 (as added by this section), the Secretary of Agriculture
shall carry out the loan and grant program required under such
section in the same manner as the loan and grant program under
section 313(b)(2) of such Act is carried out on the day before the
date of the enactment of this Act, until such time as any regulations
necessary to carry out the amendments made by this section are
fully implemented.
(2) Paragraph (1) shall take effect on the date of the enactment
of this Act.
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SEC. 6505. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR TELEPHONE PURPOSES.
(a) IN GENERAL.—Section 313A of the Rural Electrification
Act of 1936 (7 U.S.C. 940c–1) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Subject to’’ and inserting the following:
‘‘(1) GUARANTEES.—Subject to’’;
(B) in paragraph (1) (as so designated), by striking
‘‘basis’’ and all that follows through the period at the end
and inserting ‘‘basis, if the proceeds of the bonds or notes
are used to make utility infrastructure loans, or refinance
bonds or notes issued for those purposes, to a borrower
that has at any time received, or is eligible to receive,
a loan under this Act.’’; and
(C) by adding at the end the following:
‘‘(2) TERMS.—A bond or note guaranteed under this section
shall, by agreement between the Secretary and the borrower—
‘‘(A) be for a term of 30 years (or another term of
years that the Secretary determines is appropriate); and
‘‘(B) be repaid by the borrower—
‘‘(i) in periodic installments of principal and
interest;
‘‘(ii) in periodic installments of interest and, at
the end of the term of the bond or note, as applicable,
by the repayment of the outstanding principal; or
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132 STAT. 4775
‘‘(iii) through a combination of the methods
described in clauses (i) and (ii).’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘electrification’’ and
all that follows through the period at the end and inserting
‘‘purposes described in subsection (a)(1).’’;
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(D) in paragraph (2) (as so redesignated)—
(i) in subparagraph (A), by striking ‘‘for electrification or telephone purposes’’ and inserting ‘‘for eligible
purposes described in subsection (a)(1)’’; and
(ii) in subparagraph (C), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsection (a)(1)’’; and
(3) in subsection (f), by striking ‘‘2018’’ and inserting ‘‘2023’’.
(b) ADMINISTRATION.—Beginning on the date of enactment of
the Agriculture Improvement Act of 2018, the Secretary shall continue to carry out section 313A of the Rural Electrification Act
of 1936 (7 U.S.C. 940c–1) (as amended by subsection (a)) under
a Notice of Solicitation of Applications until the date on which
any regulations necessary to carry out the amendments made by
subsection (a) are fully implemented.
7 USC 940c–1
note.
SEC. 6506. EXPANSION OF 911 ACCESS.
Section 315 of the Rural Electrification Act of 1936 (7 U.S.C.
940e) is amended—
(1) in subsection (a)(2), by striking ‘‘commercial or transportation’’ and inserting ‘‘critical transportation-related’’; and
(2) in subsection (d), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC. 6507. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
Title III of the Rural Electrification Act of 1936 (7 U.S.C.
931 et seq.) is amended by adding at the end the following:
‘‘SEC. 319. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
7 USC 940i.
‘‘(a) DEFINITION OF CYBERSECURITY AND GRID SECURITY
IMPROVEMENTS.—In this section, the term ‘cybersecurity and grid
security improvements’ means investment in the development,
expansion, and modernization of rural utility infrastructure that
addresses known cybersecurity and grid security risks.
‘‘(b) LOANS AND LOAN GUARANTEES.—The Secretary may make
or guarantee loans under this title and title I for cybersecurity
and grid security improvements.’’.
Subtitle F—Program Repeals
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SEC. 6601. ELIMINATION OF UNFUNDED PROGRAMS.
(a) CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT.—
(1) REPEALERS.—The following provisions of the Consolidated Farm and Rural Development Act are hereby repealed:
(A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)).
(B) Section 310B(f) (7 U.S.C. 1932(f)).
(C) Section 379 (7 U.S.C. 2008n).
(D) Section 379A (7 U.S.C. 2008o).
(E) Section 379C (7 U.S.C. 2008q).
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(F) Section 379D (7 U.S.C. 2008r).
(G) Section 379F (7 U.S.C. 2008t).
(H) Subtitle I (7 U.S.C. 2009dd–2009dd–7).
(2) CONFORMING AMENDMENT.—Section 333A(h) of such Act
(7 U.S.C. 1983a(h)) is amended by striking ‘‘310B(f),’’.
(b) RURAL ELECTRIFICATION ACT OF 1936.—Section 314 of the
Rural Electrification Act of 1936 (7 U.S.C. 940d) is hereby repealed.
SEC. 6602. REPEAL OF RURAL TELEPHONE BANK.
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7 USC 941–950b.
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(a) REPEAL.—Title IV of the Rural Electrification Act of 1936
(7 U.S.C. 941–950b) is repealed.
(b) CONFORMING AMENDMENTS.—
(1) Section 18 of such Act (7 U.S.C. 918) is amended in
each of subsections (a) and (b) by striking ‘‘and the Governor
of the telephone bank’’.
(2) Section 204 of such Act (7 U.S.C. 925) is amended
by striking ‘‘and the Governor of the telephone bank’’.
(3) Section 205(a) of such Act (7 U.S.C. 926) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘and the Governor of the telephone bank’’; and
(B) in paragraph (2), by striking ‘‘or the Governor
of the telephone bank’’.
(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is
amended—
(A) in the matter preceding paragraph (1), by striking
‘‘and the Governor of the telephone bank’’;
(B) by striking paragraph (1);
(C) in paragraph (4), by striking ‘‘or 408’’; and
(D) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is
amended—
(A) in the matter preceding paragraph (1), by striking
‘‘and the Governor of the telephone bank’’;
(B) in paragraph (1), by striking ‘‘, or a Rural Telephone
Bank loan,’’; and
(C) in paragraph (2), by striking ‘‘, the Rural Telephone
Bank,’’.
(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is
amended—
(A) by striking ‘‘305,’’ and inserting ‘‘305 or’’; and
(B) by striking ‘‘, or a loan under section 408,’’.
(7) Section 301 of such Act (7 U.S.C. 931) is amended—
(A) in paragraph (3), by striking ‘‘except for net collection proceeds previously appropriated for the purchase of
class A stock in the Rural Telephone Bank,’’;
(B) by adding ‘‘or’’ at the end of paragraph (4);
(C) by striking ‘‘; and’’ at the end of paragraph (5)
and inserting a period; and
(D) by striking paragraph (6).
(8) Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B))
is amended—
(A) in clause (i), by striking ‘‘and a loan under section
408’’; and
(B) in clause (ii), by striking ‘‘and under section 408’’
each place it appears.
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132 STAT. 4777
(9) Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C))
is amended by striking ‘‘and section 408(b)(4)(C), the Secretary
and the Governor of the telephone bank’’ and inserting ‘‘the
Secretary’’.
(10) Section 306 of such Act (7 U.S.C. 936) is amended
by striking ‘‘the Rural Telephone Bank, National Rural Utilities
Cooperative Finance Corporation,’’ and inserting ‘‘the National
Rural Utilities Cooperative Finance Corporation’’.
(11) Section 309 of such Act (7 U.S.C. 739) is amended
by striking the last sentence.
(12) Section 2352(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 901 note) is amended by
striking ‘‘the Rural Telephone Bank and’’.
(13) The first section of Public Law 92–12 (7 U.S.C. 921a)
is repealed.
(14) The first section of Public Law 92–324 (7 U.S.C. 921b)
is repealed.
(15) Section 1414 of the Omnibus Budget Reconciliation
Act of 1987 (7 U.S.C. 944a) is repealed.
(16) Section 1411 of the Omnibus Budget Reconciliation
Act of 1987 (7 U.S.C. 948 notes) is amended by striking subsections (a) and (b).
(17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2129(b)(1)(A)) is amended by striking ‘‘or a loan
or loan commitment from the Rural Telephone Bank,’’.
(18) Section 105(d) of the National Consumer Cooperative
Bank Act (12 U.S.C. 3015(d)) is amended by striking ‘‘the
Rural Telephone Bank,’’.
(19) Section 9101 of title 31, United States Code, is
amended—
(A) in paragraph (2), by striking subparagraph (H)
and redesignating subparagraphs (I), (J), and (K) as subparagraphs (H), (I), and (J), respectively; and
(B) in paragraph (3), by striking subparagraphs (K)
and (O) and redesignating subparagraphs (L) through (N)
and (P) through (R) as subparagraphs (K) through (P),
respectively.
(20) Section 9108(d)(2) of title 31, United States Code,
is amended by striking ‘‘the Rural Telephone Bank (when the
ownership, control, and operation of the Bank are converted
under section 410(a) of the Rural Electrification Act of 1936
(7 U.S.C. 950(a))),’’.
SEC. 6603. AMENDMENTS TO LOCAL TV ACT.
The Launching Our Communities’ Access to Local Television
Act of 2000 (title X of H.R. 5548 of the 106th Congress, as enacted
by section 1(a)(2) of Public Law 106–553; 114 Stat. 2762A–128)
is amended—
(1) by striking the title heading and inserting the following:
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‘‘TITLE X—SATELLITE CARRIER
RETRANSMISSION ELIGIBILITY’’;
(2) by striking sections 1001 through 1007 and 1009
through 1012; and
(3) by redesignating section 1008 as section 1001.
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47 USC 1101
and note,
1102–1110.
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PUBLIC LAW 115–334—DEC. 20, 2018
Subtitle G—Technical Corrections
SEC. 6701. CORRECTIONS RELATING TO THE CONSOLIDATED FARM
AND RURAL DEVELOPMENT ACT.
7 USC 1926 note.
7 USC 1929a
note.
7 USC 1932 note.
7 USC 2009d
note.
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7 USC 2009aa
note.
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(a)(1) Section 306(a)(19)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting
after ‘‘nonprofit corporations’’ the following: ‘‘, Indian Tribes (as
defined in section 4(e) of the Indian Self-Determination and Education Assistance Act)’’.
(2) The amendment made by this subsection shall take effect
as if included in section 773 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (H.R. 5426 of the 106th Congress, as enacted by
Public Law 106–387 (114 Stat. 1549A–45)) in lieu of the amendment
made by such section.
(b)(1) Section 309A(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929a(b)) is amended by striking ‘‘and
section 308’’.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 661(c)(2) of the Federal
Agricultural Improvement and Reform Act of 1996 (Public Law
104–127).
(c) Section 310B(c)(3)(A)(v) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended by striking
‘‘and’’ after the semicolon and inserting ‘‘or’’.
(d)(1) Section 310B(e)(5)(F) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by inserting
‘‘, except that the Secretary shall not require non-Federal financial
support in an amount that is greater than 5 percent in the case
of a 1994 institution (as defined in section 532 of the Equity
in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103–382))’’ before the period at the end.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 6015 of the Farm Security
and Rural Investment Act of 2002 (Public Law 107–171).
(e)(1) Section 381E(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d(d)(3)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B) and (C)
as subparagraphs (A) and (B), respectively.
(2) The amendment made by paragraph (1) shall take effect
as if included in the enactment of section 6012(b) of the Agricultural
Act of 2014 (Public Law 113–79).
(f)(1) Section 382A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa) is amended by adding at the end
the following:
‘‘(4) Notwithstanding any other provision of law, the State
of Alabama shall be a full member of the Delta Regional
Authority and shall be entitled to all rights and privileges
that said membership affords to all other participating States
in the Delta Regional Authority.’’.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 153(b) of division B
of H.R. 5666, as introduced in the 106th Congress, and as enacted
by section 1(4) of the Consolidated Appropriations Act, 2001
(Appendix D of Public Law 106–554; 114 Stat. 2763A–252).
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132 STAT. 4779
(g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving
clause (iv) 2 ems to the right.
(h) Section 383G(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009bb-5(c)) is amended—
(1) in the subsection heading by striking ‘‘TELECOMMUNICATION RENEWABLE ENERGY,,’’ and inserting ‘‘TELECOMMUNICATION, RENEWABLE ENERGY,’’; and
(2) in the text, by striking ‘‘,,’’ and inserting a comma.
SEC. 6702. CORRECTIONS RELATING TO THE RURAL ELECTRIFICATION
ACT OF 1936.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C.
922) is amended—
(1) in the 3rd sentence by striking ‘‘wildest’’ and inserting
‘‘widest’’; and
(2) in the 6th sentence, by striking ‘‘centifies’’ and inserting
‘‘certifies’’.
TITLE VII—RESEARCH, EXTENSION,
AND RELATED MATTERS
Subtitle A—National Agricultural Research, Extension, and Teaching Policy
Act of 1977
SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Section 1402 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the end;
(2) in paragraph (8), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) support international collaboration that leverages
resources and advances priority food and agricultural interests
of the United States, such as—
‘‘(A) addressing emerging plant and animal diseases;
‘‘(B) improving crop varieties and animal breeds; and
‘‘(C) developing safe, efficient, and nutritious food systems.’’.
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SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS
AND DECLARATIONS.
(a) IN GENERAL.—Section 1404(14) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(14)) is amended—
(1) by amending subparagraph (A) to read as follows:
‘‘(A) IN GENERAL.—
‘‘(i) DEFINITION.—The terms ‘NLGCA Institution’
and ‘non-land-grant college of agriculture’ mean a
public college or university offering a baccalaureate
or higher degree in the study of agricultural sciences,
forestry, or both in any area of study specified in
clause (ii).
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(ii) CLARIFICATION.—For purposes of clause (i),
an area of study specified in this clause is any of
the following:
‘‘(I) Agriculture.
‘‘(II) Agricultural business and management.
‘‘(III) Agricultural economics.
‘‘(IV) Agricultural mechanization.
‘‘(V) Agricultural production operations.
‘‘(VI) Aquaculture.
‘‘(VII) Agricultural and food products processing.
‘‘(VIII) Agricultural and domestic animal services.
‘‘(IX) Equestrian or equine studies.
‘‘(X) Applied horticulture or horticulture operations.
‘‘(XI) Ornamental horticulture.
‘‘(XII) Greenhouse operations and management.
‘‘(XIII) Turf and turfgrass management.
‘‘(XIV) Plant nursery operations and management.
‘‘(XV) Floriculture or floristry operations and
management.
‘‘(XVI) International agriculture.
‘‘(XVII) Agricultural public services.
‘‘(XVIII) Agricultural and extension education
services.
‘‘(XIX) Agricultural communication or agricultural journalism.
‘‘(XX) Animal sciences.
‘‘(XXI) Food science.
‘‘(XXII) Plant sciences.
‘‘(XXIII) Soil sciences.
‘‘(XXIV) Forestry.
‘‘(XXV) Forest sciences and biology.
‘‘(XXVI) Natural resources or conservation.
‘‘(XXVII) Natural resources management and
policy.
‘‘(XXVIII) Natural resource economics.
‘‘(XXIX) Urban forestry.
‘‘(XXX) Wood science and wood products or
pulp or paper technology.
‘‘(XXXI) Range science and management.
‘‘(XXXII) Agricultural engineering.
‘‘(XXXIII) Any other area, as determined
appropriate by the Secretary.’’; and
(2) in subparagraph (C)—
(A) in the matter preceding clause (i), by inserting
‘‘any institution designated under’’ after ‘‘include’’;
(B) by striking clause (i); and
(C) in clause (ii)—
(i) by striking ‘‘(ii) any institution designated
under—’’;
(ii) by striking subclause (IV);
(iii) in subclause (II), by adding ‘‘or’’ at the end;
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132 STAT. 4781
(iv) in subclause (III), by striking ‘‘; or’’ at the
end and inserting a period; and
(v) by redesignating subclauses (I), (II), and (III)
(as so amended) as clauses (i), (ii), and (iii), respectively, and by moving the margins of such clauses
(as so redesignated) two ems to the left.
(b) DESIGNATION REVIEW.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall establish
a process to review each designated NLGCA Institution (as
defined in section 1404(14)(A) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(14)(A))) to ensure compliance with such section, as
amended by this subsection.
(2) REVOCATION.—An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in compliance shall have the designation of such institution revoked.
7 USC 3103 note.
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SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND ECONOMICS ADVISORY BOARD.
Section 1408 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘25’’ and inserting
‘‘15’’; and
(B) by amending paragraph (3) to read as follows:
‘‘(3) MEMBERSHIP CATEGORIES.—The Advisory Board shall
consist of members from each of the following categories:
‘‘(A) 3 members representing national farm or producer
organizations, which may include members—
‘‘(i) representing farm cooperatives;
‘‘(ii) who are producers actively engaged in the
production of a food animal commodity and who are
recommended by a coalition of national livestock
organizations;
‘‘(iii) who are producers actively engaged in the
production of a plant commodity and who are recommended by a coalition of national crop organizations;
or
‘‘(iv) who are producers actively engaged in aquaculture and who are recommended by a coalition of
national aquacultural organizations.
‘‘(B) 2 members representing academic or research societies, which may include members representing—
‘‘(i) a national food animal science society;
‘‘(ii) a national crop, soil, agronomy, horticulture,
plant pathology, or weed science society;
‘‘(iii) a national food science organization;
‘‘(iv) a national human health association; or
‘‘(v) a national nutritional science society.
‘‘(C) 5 members representing agricultural research,
extension, and education, which shall include each of the
following:
‘‘(i) 1 member representing the land-grant colleges
and universities eligible to receive funds under the
Act of July 2, 1862 (7 U.S.C. 301 et seq.).
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132 STAT. 4782
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(ii) 1 member representing the land-grant colleges
and universities eligible to receive funds under the
Act of August 30, 1890 (7 U.S.C. 321 et seq.), including
Tuskegee University.
‘‘(iii) 1 member representing the 1994 Institutions
(as defined in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103–382)).
‘‘(iv) 1 member representing NLGCA Institutions
or Hispanic-serving institutions.
‘‘(v) 1 member representing American colleges of
veterinary medicine.
‘‘(D) 5 members representing industry, consumer, or
rural interests, including members representing—
‘‘(i) entities engaged in transportation of food and
agricultural products to domestic and foreign markets;
‘‘(ii) food retailing and marketing interests;
‘‘(iii) food and fiber processors;
‘‘(iv) rural economic development interests;
‘‘(v) a national consumer interest group;
‘‘(vi) a national forestry group;
‘‘(vii) a national conservation or natural resource
group;
‘‘(viii) a national social science association;
‘‘(ix) private sector organizations involved in international development; or
‘‘(x) a national association of agricultural economists.’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘review and’’ and inserting ‘‘make recommendations, review, and’’;
(ii) by striking subparagraph (A) and inserting
the following new subparagraph:
‘‘(A) long-term and short-term national policies and
priorities consistent with the—
‘‘(i) purposes specified in section 1402 for agricultural research, extension, education, and economics;
and
‘‘(ii) priority areas of the Agriculture and Food
Research Initiative specified in subsection (b)(2) of the
Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 3157(b)(2));’’; and
(iii) by amending subparagraph (B) to read as follows:
‘‘(B) the annual establishment of national priorities
that are in accordance with the priority areas of the Agriculture and Food Research Initiative specified in subsection
(b)(2) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)(2)).’’;
(B) in paragraph (2), by inserting ‘‘and make recommendations to the Secretary based on such evaluation’’
after ‘‘priorities’’; and
(C) in paragraph (4), by inserting ‘‘and make recommendations on’’ after ‘‘review’’; and
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132 STAT. 4783
(3) in subsection (h), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC. 7104. SPECIALTY CROP COMMITTEE.
Section 1408A(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2))
is amended—
(1) in subparagraph (A), by striking ‘‘speciality’’ and
inserting ‘‘specialty’’;
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by striking ‘‘9’’
and inserting ‘‘11’’; and
(B) in clause (i), by striking ‘‘Three’’ and inserting
‘‘Five’’; and
(3) in subparagraph (D), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED.
Subtitle B of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3121 et seq.) is amended
by striking section 1408B.
7 USC 3123b.
SEC. 7106. VETERINARY SERVICES GRANT PROGRAM.
Section 1415B of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3151b) is amended—
(1) in subsection (d)(1), by adding at the end the following:
‘‘(F) To expose students in grades 11 and 12 to education and career opportunities in food animal medicine.’’;
and
(2) in subsection (h)—
(A) by striking the subsection designation and heading
and inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—’’; and
(B) by adding at the end the following:
‘‘(2) PRIORITY.—From amounts made available for grants
under this section, the Secretary shall prioritize grant awards
for programs or activities with a focus on the practice of food
animal medicine. ’’.
SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE
SCIENCES EDUCATION.
Section 1417(m)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)(2))
is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
Section 1419A(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155(e)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING INSTITUTIONS AND NATIVE HAWAIIAN SERVING INSTITUTIONS.
Section 1419B of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended—
(1) in subsection (a)(3), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(2) in subsection (b)(3), by striking ‘‘2018’’ and inserting
‘‘2023’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
SEC. 7110. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE.
Subtitle C of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended
by adding at the end the following:
7 USC 3158.
‘‘SEC. 1419C. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE.
‘‘(a) IN GENERAL.—The Secretary shall establish a next generation agriculture technology challenge competition to provide an
incentive for the development of innovative mobile technology that
removes barriers to entry in the marketplace for beginning farmers
and ranchers (as defined in subsection (a) of section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279)).
‘‘(b) AMOUNT.—The Secretary may award not more than
$1,000,000 in the aggregate to 1 or more winners of the competition
under subsection (a).’’.
SEC. 7111. LAND-GRANT DESIGNATION.
Subtitle C of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.), as amended
by section 7110, is further amended by adding at the end the
following new section:
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7 USC 3159.
‘‘SEC. 1419D. LAND-GRANT DESIGNATION.
‘‘(a) PROHIBITION ON DESIGNATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law and except as provided in paragraphs (2) and (3), beginning
on the date of the enactment of this section, no additional
entity may be designated as eligible to receive funds under
a covered program.
‘‘(2) 1994 INSTITUTIONS.—The prohibition under paragraph
(1) with respect to the designation of an entity eligible to
receive funds under a covered program shall not apply in the
case of the certification of a 1994 Institution under section
2 of Public Law 87–788 (commonly known as the ‘‘McIntireStennis Cooperative Forestry Act’’) (16 U.S.C. 582a–1).
‘‘(3) EXTRAORDINARY CIRCUMSTANCES.—In the case of
extraordinary circumstances or a situation that would lead
to an inequitable result, as determined by the Secretary, the
Secretary may determine that an entity designated after the
date of enactment of this section is eligible to receive funds
under a covered program.
‘‘(b) STATE FUNDING.—No State shall receive an increase in
funding under a covered program as a result of the State’s designation of additional entities as eligible to receive such funding.
‘‘(c) COVERED PROGRAM DEFINED.—For purposes of this section,
the term ‘covered program’ means agricultural research, extension,
education, and related programs or grants established or available
under any of the following:
‘‘(1) Subsections (b), (c), and (d) of section 3 of the SmithLever Act (7 U.S.C. 343).
‘‘(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).
‘‘(3) Sections 1444, 1445, and 1447.
‘‘(4) Public Law 87–788 (commonly known as the McIntireStennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).
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132 STAT. 4785
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed as limiting eligibility for a capacity and infrastructure
program specified in section 251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that
is not a covered program.’’.
SEC. 7112. NUTRITION EDUCATION PROGRAM.
Section 1425 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3175) is amended—
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
‘‘(f) COORDINATION.—Projects carried out with funds made available under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)),
to carry out the program established under subsection (b) may
be coordinated with the nutrition education and obesity prevention
grant program under section 28 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036a) or another health promotion or nutrition
improvement strategy, whether publicly or privately funded, as
determined by the Secretary.’’; and
(3) in subsection (g) (as so redesignated), by striking ‘‘2018’’
and inserting ‘‘2023’’.
SEC. 7113. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH
PROGRAMS.
Section 1433(c)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195(c)(1)) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7114. CARRYOVER OF FUNDS FOR EXTENSION AT 1890 LANDGRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
Section 1444(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) is amended
by striking paragraph (4).
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SEC. 7115. EXTENSION AND AGRICULTURAL RESEARCH AT 1890 LANDGRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
(a) EXTENSION.—Section 1444(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221(b)) is amended—
(1) in the undesignated matter following paragraph (2)(B)—
(A) by striking ‘‘paragraph (2) of this subsection’’ and
inserting ‘‘this paragraph’’; and
(B) by striking ‘‘In computing’’ and inserting the following:
‘‘(C) In computing’’;
(2) in paragraph (2)—
(A) in subparagraph (B), by striking ‘‘Of the remainder’’
and inserting ‘‘Except as provided in paragraph (4), of
the remainder’’; and
(B) by striking ‘‘(2) any funds’’ and inserting the following:
‘‘(3) ADDITIONAL AMOUNT.—Any funds’’;
(3) in paragraph (1)—
(A) by striking ‘‘are allocated’’ and inserting ‘‘were allocated’’; and
(B) by striking ‘‘; and’’ and inserting ‘‘, as so designated
as of that date.’’;
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132 STAT. 4786
PUBLIC LAW 115–334—DEC. 20, 2018
(4) by striking ‘‘(b) Beginning’’ in the matter preceding
paragraph (1) and all that follows through ‘‘any funds’’ in
paragraph (1) and inserting the following:
‘‘(b) DISTRIBUTION OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under this section
shall be distributed among eligible institutions in accordance
with this subsection.
‘‘(2) BASE AMOUNT.—Any funds’’; and
(5) by adding at the end the following:
‘‘(4) SPECIAL AMOUNTS.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) COVERED FISCAL YEAR.—The term ‘covered
fiscal year’ means the fiscal year for which the qualified
eligible institution first received an allocation of
$3,000,000 under subparagraph (B)(i).
‘‘(ii) OTHER ELIGIBLE INSTITUTION.—The term
‘other eligible institution’ means an eligible institution,
other than the qualified eligible institution, receiving
an allocation of funds under this section.
‘‘(iii) QUALIFIED ELIGIBLE INSTITUTION.—The term
‘qualified eligible institution’ means the eligible institution described in subparagraph (B)(i).
‘‘(B) FISCAL YEAR 2019, 2020, 2021, OR 2022.—
‘‘(i) IN GENERAL.—Subject to clause (ii), for 1 of
fiscal year 2019, 2020, 2021, or 2022, if the calculation
under paragraph (3)(B) would result in a distribution
for a fiscal year of less than $3,000,000 to an eligible
institution that first received funds under this section
on a date occurring after the date of enactment of
the Agricultural Act of 2014 (Public Law 113–79; 128
Stat. 649) and before September 30, 2018, that institution shall receive an allocation of $3,000,000 for that
fiscal year.
‘‘(ii) LIMITATION.—Clause (i) shall apply only if
amounts are appropriated under this section in an
amount sufficient to provide that each other eligible
institution receiving an allocation of funds under this
section for fiscal year 2019, 2020, 2021, or 2022, as
applicable, receives not less than the amount of funds
received by that other eligible institution under this
section for the preceding fiscal year.
‘‘(C) SUBSEQUENT FISCAL YEARS.—
‘‘(i) MINIMUM ADDITIONAL FUNDING AMOUNTS.—
Subject to clauses (ii) and (iii), for each fiscal year
following the covered fiscal year—
‘‘(I) the qualified eligible institution shall
receive an allocation under this subsection of at
least $3,000,000; and
‘‘(II) each other eligible institution shall
receive an allocation under this subsection of at
least the amount received by such other eligible
institution under this subsection for the covered
fiscal year.
‘‘(ii) SHORTFALL OF SPECIAL AMOUNTS.—
‘‘(I) APPLICABILITY.—This clause shall apply
to any fiscal year following the covered fiscal year
and for which the total amount appropriated under
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132 STAT. 4787
this section is insufficient to provide for the minimum additional funding amounts described in
clause (i).
‘‘(II) REDUCTIONS IN ALLOCATIONS.—In the
case of a fiscal year to which this clause applies,
reductions in allocations shall be made proportionally from the qualified eligible institution and from
each other eligible institution based on the
increased amounts (if any) that the qualified
eligible institution and each other eligible institution were allocated for the covered fiscal year as
compared to the fiscal year immediately preceding
the covered fiscal year.
‘‘(iii) EFFECT OF CENSUS.—Clauses (i) and (ii) shall
not apply in any fiscal year for which a shortfall in
the minimum additional funding amounts described
in clause (i) is attributable to the incorporation of
new census data into the calculation under paragraph
(3), as determined by the Secretary.’’.
(b) RESEARCH.—Section 1445(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222(b)) is amended—
(1) in paragraph (2)—
(A) by adding at the end the following:
‘‘(D) SPECIAL AMOUNTS.—
‘‘(i) DEFINITIONS.—In this subparagraph:
‘‘(I) COVERED FISCAL YEAR.—The term ‘covered
fiscal year’ means the fiscal year for which the
qualified eligible institution first received an
allocation of $3,000,000 under clause (ii)(I).
‘‘(II) OTHER ELIGIBLE INSTITUTION.—The term
‘other eligible institution’ means an eligible institution, other than the qualified eligible institution,
receiving an allocation of funds under this section.
‘‘(III) QUALIFIED ELIGIBLE INSTITUTION.—The
term ‘qualified eligible institution’ means the
eligible institution described in clause (ii)(I).
‘‘(ii) FISCAL YEAR 2019, 2020, 2021, OR 2022.—
‘‘(I) IN GENERAL.—Subject to subclause (II),
for 1 of fiscal year 2019, 2020, 2021, or 2022,
if the calculation under subparagraph (C) would
result in a distribution for a fiscal year of less
than $3,000,000 to an eligible institution that first
received funds under this section on a date occurring after the date of enactment of the Agricultural
Act of 2014 (Public Law 113–79; 128 Stat. 649)
and before September 30, 2018, that institution
shall receive an allocation of $3,000,000 for that
fiscal year.
‘‘(II) LIMITATION.—Subclause (I) shall apply
only if amounts are appropriated under this section
in an amount sufficient to provide that each other
eligible institution receiving an allocation of funds
under this section for fiscal year 2019, 2020, 2021,
or 2022, as applicable, receives not less than the
amount of funds received by that other eligible
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132 STAT. 4788
PUBLIC LAW 115–334—DEC. 20, 2018
institution under this section for the preceding
fiscal year.
‘‘(iii) SUBSEQUENT FISCAL YEARS.—
‘‘(I)
MINIMUM
ADDITIONAL
FUNDING
AMOUNTS.—Subject to subclauses (II) and (III), for
each fiscal year following the covered fiscal year—
‘‘(aa) the qualified eligible institution shall
receive an allocation under this paragraph of
at least $3,000,000; and
‘‘(bb) each other eligible institution shall
receive an allocation under this paragraph of
at least the amount received by such other
eligible institution under this subsection for
the covered fiscal year.
‘‘(II) SHORTFALL OF SPECIAL AMOUNTS.—
‘‘(aa) APPLICABILITY.—This subclause shall
apply to any fiscal year following the covered
fiscal year and for which the total amount
appropriated under this subsection is insufficient to provide for the minimum additional
funding amounts described in subclause (I).
‘‘(bb) REDUCTIONS IN ALLOCATIONS.—In
the case of a fiscal year to which this subclause
applies, reductions in allocations shall be made
proportionally from the qualified eligible
institution and from each other eligible institution based on the increased amounts (if any)
that the qualified eligible institution and each
other eligible institution were allocated for the
covered fiscal year as compared to the fiscal
year immediately preceding the covered fiscal
year.
‘‘(III) EFFECT OF CENSUS.—Subclauses (I) and
(II) shall not apply in any fiscal year for which
a shortfall in the minimum additional funding
amounts described in subclause (I) is attributable
to the incorporation of new census data into the
calculation under paragraph (3)(C), as determined
by the Secretary.’’;
(B) in subparagraph (B), by striking ‘‘(B) Of funds’’
and inserting the following:
‘‘(C) ADDITIONAL AMOUNT.—Except as provided in
subparagraph (D), of funds’’;
(C) in subparagraph (A)—
(i) by striking ‘‘are allocated’’ and inserting ‘‘were
allocated’’;
(ii) by inserting ‘‘, as so designated as of that
date’’ before the period at the end; and
(iii) by striking ‘‘(A) Funds’’ and inserting the following:
‘‘(B) BASE AMOUNT.—Funds’’; and
(D) in the matter preceding subparagraph (B) (as so
designated), by striking ‘‘(2) The’’ and all that follows
through ‘‘follows:’’ and inserting the following:
‘‘(3) DISTRIBUTIONS.—
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132 STAT. 4789
‘‘(A) IN GENERAL.—After allocating amounts under
paragraph (2), the remainder shall be allotted among the
eligible institutions in accordance with this paragraph.’’;
(2) in paragraph (1), by striking ‘‘(1) Three per centum’’
and inserting the following:
‘‘(2) ADMINISTRATION.—3 percent’’; and
(3) in the matter preceding paragraph (2) (as so designated),
by striking ‘‘(b) Beginning’’ and all that follows through ‘‘follows:’’ and inserting the following:
‘‘(b) DISTRIBUTION OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under this section
shall be distributed among eligible institutions in accordance
with this subsection.’’.
SEC. 7116. REPORTS ON DISBURSEMENT OF FUNDS FOR AGRICULTURAL RESEARCH AND EXTENSION AT 1862 AND 1890
LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
7 USC 2207d.
Not later than September 30, 2019, and each year thereafter,
the Secretary shall annually submit to Congress a report describing
the allocations made to, and matching funds received by, 1890
Institutions and 1862 Institutions (as those terms are defined in
section 2 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601) for each of the agricultural
research, extension, education, and related programs established
under—
(1) section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221);
(2) section 1445 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222);
(3) subsections (b) and (c) of section 3 of the Smith-Lever
Act (7 U.S.C. 343); and
(4) the Hatch Act of 1887 (7 U.S.C. 361a et seq.).
SEC. 7117. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
Subtitle G of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 is amended by inserting after
section 1445 (7 U.S.C. 3222) the following new section:
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‘‘SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
7 USC 3222a.
‘‘(a) IN GENERAL.—
‘‘(1) SCHOLARSHIP GRANT PROGRAM ESTABLISHED.—The Secretary shall make grants to each college or university eligible
to receive funds under the Act of August 30, 1890 (commonly
known as the Second Morrill Act; 7 U.S.C. 322 et seq.),
including Tuskegee University, for purposes of awarding scholarships to individuals who—
‘‘(A) have been accepted for admission at such college
or university;
‘‘(B) will be enrolled at such college or university not
later than one year after the date of such acceptance;
and
‘‘(C) intend to pursue a career in the food and agricultural sciences, including a career in—
‘‘(i) agribusiness;
‘‘(ii) energy and renewable fuels; or
‘‘(iii) financial management.
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‘‘(2) CONDITION.—The Secretary may only award a grant
under this subsection to a college or university described in
paragraph (1) if the Secretary determines that such college
or university has established a competitive scholarship awards
process for the award of scholarships to individuals described
in such paragraph.
‘‘(3) ANNUAL LIMITATION.—Of the funds made available
under subsection (b)(1), the Secretary may use not more than
$10,000,000 to award grants under this subsection for the academic year beginning on July 1, 2020, and each of the three
succeeding academic years.
‘‘(4) AMOUNT OF GRANT.—Each grant made under this section shall be in an amount of not less than $500,000.
‘‘(b) FUNDING.—
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall make available to carry
out this section $40,000,000 not later than October 1, 2019,
to remain available until expended.
‘‘(2) DISCRETIONARY FUNDING.—In addition to amounts
made available under paragraph (1), there is authorized to
be appropriated to carry out this section $10,000,000 for each
of fiscal years 2020 through 2023.
‘‘(3) ADMINISTRATIVE EXPENSES.—Of the funds made available under paragraphs (1) and (2) to carry out this section
for a fiscal year, not more than 4 percent may be used for
expenses related to administering the program under this section.
‘‘(c) REPORT.—Beginning on the date that is two years after
the date on which the first grant is awarded under subsection
(a), and every two years thereafter, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report detailing—
‘‘(1) the amount of funds provided to each eligible college
or university under this section;
‘‘(2) the number of scholarships awarded under each grant
each fiscal year; and
‘‘(3) the amount of each such scholarship.’’.
SEC. 7118. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES
FACILITIES AT 1890 LAND-GRANT COLLEGES, INCLUDING
TUSKEGEE UNIVERSITY.
Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7119. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES
FACILITIES AND EQUIPMENT AT INSULAR AREA LANDGRANT INSTITUTIONS.
Section 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(d)) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 7120. NEW BEGINNING FOR TRIBAL STUDENTS.
Subtitle G of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3221 et seq.) is amended
by adding at the end the following:
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132 STAT. 4791
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‘‘SEC. 1450. NEW BEGINNING FOR TRIBAL STUDENTS.
7 USC 3222e.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given such term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)).
‘‘(2) LAND-GRANT COLLEGE OR UNIVERSITY.—The term ‘landgrant college or university’ includes a 1994 Institution (as
defined in section 532 of the Equity in Educational LandGrant Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301
note)).
‘‘(3) TRIBAL STUDENT.—The term ‘Tribal student’ means
a student at a land-grant college or university that is a member
of an Indian tribe.
‘‘(b) NEW BEGINNING INITIATIVE.—
‘‘(1) AUTHORIZATION.—The Secretary may make competitive
grants to land-grant colleges and universities to provide identifiable support specifically targeted for Tribal students.
‘‘(2) APPLICATION.—A land-grant college or university that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
‘‘(3) USE OF FUNDS.—A land-grant college or university
that receives a grant under this section shall use the grant
funds to support Tribal students through—
‘‘(A) recruiting;
‘‘(B) tuition and related fees;
‘‘(C) experiential learning; and
‘‘(D) student services, including—
‘‘(i) tutoring;
‘‘(ii) counseling;
‘‘(iii) academic advising; and
‘‘(iv) other student services that would increase
the retention and graduation rate of Tribal students
enrolled at the land-grant college or university, as
determined by the Secretary.
‘‘(4) MATCHING FUNDS.—A land-grant college or university
that receives a grant under this section shall provide matching
funds toward the cost of carrying out the activities described
in this section in an amount equal to not less than 100 percent
of the grant award.
‘‘(5) MAXIMUM AMOUNT PER STATE.—No State shall receive,
through grants made under this section to land-grant colleges
and universities located in the State, more than $500,000 per
year.
‘‘(c) REPORT.—Not later than 3 years after the date of enactment
of this section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry and the Committee on
Indian Affairs of the Senate a report that includes an itemized
list of grant funds distributed under this section, including the
specific form of assistance provided under subsection (b)(3), and
the number of Tribal students assisted and the graduation rate
of Tribal students at land-grant colleges and universities receiving
grants under this section.
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(d) AUTHORIZATION OF APPROPRIATION.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2019 through 2023.’’.
SEC. 7121. HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7122. BINATIONAL AGRICULTURAL RESEARCH AND DEVELOPMENT.
Section 1458(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291(e)) is
amended—
(1) in the subsection heading, by striking ‘‘FULL PAYMENT
OF FUNDS MADE AVAILABLE FOR CERTAIN’’ and inserting ‘‘CERTAIN’’ ;
(2) by striking ‘‘Notwithstanding’’ and inserting the following:
‘‘(1) FULL PAYMENT OF FUNDS.—Notwithstanding’’;
(3) in paragraph (1) (as so designated)—
(A) by striking ‘‘Israel-United States’’ and inserting
‘‘United States-Israel’’; and
(B) by inserting ‘‘(referred to in this subsection as
the ‘BARD Fund’)’’ after ‘‘Development Fund’’; and
(4) by adding at the end the following:
‘‘(2) ACTIVITIES.—Activities under the BARD Fund to promote and support agricultural research and development that
are of mutual benefit to the United States and Israel shall—
‘‘(A) accelerate the demonstration, development, and
application of agricultural solutions resulting from or
relating to BARD Fund programs, including BARD Fundsponsored research and innovations in drip irrigation, pesticides, aquaculture, livestock, poultry, disease control, and
farm equipment; and
‘‘(B) encourage research carried out by governmental,
nongovernmental, and private entities, including through
collaboration with colleges and universities, research
institutions, and the private sector.’’.
SEC. 7123. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL
AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1458
(7 U.S.C. 3291) the following:
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7 USC 3292.
‘‘SEC. 1458A. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL
AGRICULTURAL
RESEARCH,
EXTENSION,
AND
TEACHING.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) 1862 INSTITUTION; 1890 INSTITUTION; 1994 INSTITUTION.—The terms ‘1862 Institution’, ‘1890 Institution’, and ‘1994
Institution’ have the meanings given the terms in section 2
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601).
‘‘(2) COVERED INSTITUTION.—The term ‘covered Institution’
means—
‘‘(A) an 1862 Institution;
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132 STAT. 4793
‘‘(B) an 1890 Institution;
‘‘(C) a 1994 Institution;
‘‘(D) an NLGCA Institution;
‘‘(E) a Hispanic-serving agricultural college or university; and
‘‘(F) a cooperating forestry school.
‘‘(3) DEVELOPING COUNTRY.—The term ‘developing country’
means a country, as determined by the Secretary using a gross
national income per capita test selected by the Secretary.
‘‘(4) INTERNATIONAL PARTNER INSTITUTION.—The term
‘international partner institution’ means an agricultural higher
education institution in a developing country that is performing,
or desiring to perform, activities similar to agricultural
research, extension, and teaching activities carried out through
covered Institutions in the United States.
‘‘(b) AUTHORITY OF THE SECRETARY.—The Secretary may promote cooperation and coordination between covered Institutions
and international partner institutions through—
‘‘(1) improving extension by—
‘‘(A) encouraging the exchange of research materials
and results between covered Institutions and international
partner institutions;
‘‘(B) facilitating the broad dissemination of agricultural
research through extension; and
‘‘(C) assisting with efforts to plan and initiate extension
services in developing countries;
‘‘(2) improving agricultural research by—
‘‘(A) in partnership with international partner institutions, encouraging research that addresses problems
affecting food production and security, human nutrition,
agriculture, forestry, livestock, and fisheries, including local
challenges; and
‘‘(B) supporting and strengthening national agricultural research systems in developing countries;
‘‘(3) supporting the participation of covered Institutions
in programs of international organizations, such as the United
Nations, the World Bank, regional development banks, and
international agricultural research centers;
‘‘(4) improving agricultural teaching and education by—
‘‘(A) in partnership with international partner institutions, supporting education and teaching relating to food
and agricultural sciences, including technical assistance,
degree training, research collaborations, classroom instruction, workforce training, and education programs; and
‘‘(B) assisting with efforts to increase student capacity,
including to encourage equitable access for women and
other underserved populations, at international partner
institutions by promoting partnerships with, and improving
the capacity of, covered Institutions;
‘‘(5) assisting covered Institutions in strengthening their
capacity for food, agricultural, and related research, extension,
and teaching programs relevant to agricultural development
activities in developing countries to promote the application
of new technology to improve education delivery;
‘‘(6) providing support for the internationalization of resident instruction programs of covered Institutions;
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‘‘(7) establishing a program, to be coordinated by the
Director of the National Institute of Food and Agriculture and
the Administrator of the Foreign Agricultural Service, to place
interns from covered Institutions in, or in service to benefit,
developing countries; and
‘‘(8) establishing a program to provide fellowships to students at covered Institutions to study at foreign agricultural
colleges and universities.
‘‘(c) ENHANCING LINKAGES.—The Secretary shall enhance the
linkages among covered Institutions, the Federal Government,
international research centers, counterpart research, extension, and
teaching agencies and institutions in developed countries and developing countries—
‘‘(1) to carry out the activities described in subsection (b);
and
‘‘(2) to make a substantial contribution to the cause of
improved food and agricultural progress throughout the world.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2019 through 2023.’’.
SEC. 7124. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE AND EDUCATION PROGRAMS.
Section 1459A(c)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)(2))
is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7125. LIMITATION ON INDIRECT COSTS FOR AGRICULTURAL
RESEARCH, EDUCATION, AND EXTENSION PROGRAMS.
Section 1462 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended—
(1) in subsection (a), by striking ‘‘22 percent’’ and inserting
‘‘30 percent’’;
(2) in subsection (b), by striking ‘‘Subsection (a)’’ and
inserting ‘‘Subsections (a) and (c)’’; and
(3) by adding at the end the following:
‘‘(c) TREATMENT OF SUBGRANTS.—In the case of a grant
described in subsection (a), the limitation on indirect costs specified
in such subsection shall be applied to both the initial grant award
and any subgrant of the Federal funds provided under the initial
grant award so that the total of all indirect costs charged against
the total of the Federal funds provided under the initial grant
award does not exceed such limitation.’’.
SEC. 7126. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1462
(7 U.S.C. 3310) the following new section:
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7 USC 3310a.
‘‘SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
‘‘(a) IN GENERAL.—The Secretary may make competitive grants
for the acquisition of special purpose scientific research equipment
for use in the food and agricultural sciences programs of eligible
institutions.
‘‘(b) MAXIMUM AMOUNT.—The amount of a grant made to an
eligible institution under this section may not exceed $500,000.
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132 STAT. 4795
‘‘(c) PROHIBITION ON CHARGE OR EQUIPMENT AS INDIRECT
COSTS.—The cost of acquisition or depreciation of equipment purchased with a grant under this section shall not be—
‘‘(1) charged as an indirect cost against another Federal
grant; or
‘‘(2) included as part of the indirect cost pool for purposes
of calculating the indirect cost rate of an eligible institution.
‘‘(d) ELIGIBLE INSTITUTIONS DEFINED.—In this section, the term
‘eligible institution’ means—
‘‘(1) a college or university; or
‘‘(2) a State cooperative institution.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2019 through 2023.’’.
SEC. 7127. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by
striking ‘‘2018’’ each place it appears in subsections (a) and (b)
and inserting ‘‘2023’’.
SEC. 7128. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7129. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP.
Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended—
(1) in subsection (a)—
(A) by striking ‘‘2018’’ and inserting ‘‘2023’’; and
(B) by striking ‘‘crops,’’ and inserting ‘‘crops (including
canola),’’;
(2) in subsection (b)—
(A) by inserting ‘‘for agronomic rotational purposes
and as a habitat for honey bees and other pollinators’’
after ‘‘alternative crops’’; and
(B) by striking ‘‘commodities whose’’ and all that follows through the period at the end and inserting ‘‘commodities.’’;
(3) in subsection (c)(3)(E), by inserting ‘‘(including hemp
(as defined in section 297A of the Agricultural Marketing Act
of 1946))’’ after ‘‘material’’; and
(4) in subsection (e)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) $2,000,000 for each of fiscal years 2019 through 2023.’’.
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SEC. 7130. NEW ERA RURAL TECHNOLOGY PROGRAM.
Section 1473E of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319e) is amended—
(1) in subsection (b)(1)(B)—
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
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‘‘(iv) precision agriculture.’’; and
(2) in subsection (d), by striking ‘‘2008 through 2012’’ and
inserting ‘‘2019 through 2023’’.
SEC. 7131. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Section 1473F(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7132. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY PILOT.
Subtitle K of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended
by adding at the end the following:
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7 USC 3319k.
‘‘SEC. 1473H. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT AUTHORITY PILOT.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADVANCED RESEARCH AND DEVELOPMENT.—The term
‘advanced research and development’ means research and
development activities used to address research challenges in
agriculture and food through—
‘‘(A) targeted acceleration of novel, early stage innovative agricultural research with promising technology
applications and products; or
‘‘(B) development of qualified products and projects,
agricultural technologies, or innovative research tools,
which may include—
‘‘(i) prototype testing, preclinical development, or
field experimental use;
‘‘(ii) assessing and assisting with product approval,
clearance, or need for a license under an applicable
law, as determined by the Director; or
‘‘(iii) manufacturing and commercialization of a
product.
‘‘(2) AGRICULTURAL TECHNOLOGY.—The term ‘agricultural
technology’ means machinery and other equipment engineered
for an applicable and novel use in agriculture, natural
resources, and food relating to the research and development
of qualified products and projects.
‘‘(3) DIRECTOR.—The term ‘Director’ means the Director
of the Agriculture Advanced Research and Development
Authority established under subsection (b)(1).
‘‘(4) OTHER TRANSACTION.—The term ‘other transaction’
means a transaction other than a procurement contract, grant,
or cooperative agreement, including a transaction described
in subsection (b)(6)(A).
‘‘(5) PERSON.—The term ‘person’ means—
‘‘(A) an individual;
‘‘(B) a partnership;
‘‘(C) a corporation;
‘‘(D) an association;
‘‘(E) an entity;
‘‘(F) a public or private corporation;
‘‘(G) a Federal, State, or local government agency or
department; and
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‘‘(H) an institution of higher education, including a
land-grant college or university and a non-land-grant college of agriculture.
‘‘(6) QUALIFIED PRODUCT OR PROJECT.—The term ‘qualified
product or project’ means—
‘‘(A) engineering, mechanization, or technology
improvements that will address challenges relating to
growing, harvesting, handling, processing, storing, packing,
and distribution of agricultural products;
‘‘(B) plant disease or plant pest recovery countermeasures to intentional or unintentional biological threats
(including naturally occurring threats), including—
‘‘(i) replacement or resistant plant cultivars or varieties;
‘‘(ii) other enhanced management strategies,
including novel chemical, biological, or cultural
approaches; or
‘‘(iii) diagnostic or surveillance technology; and
‘‘(C) veterinary countermeasures to intentional or
unintentional biological threats (including naturally occurring threats), including—
‘‘(i) animal vaccine or therapeutic products
(including anti-infective products); or
‘‘(ii) diagnostic or surveillance technology.
‘‘(7) RESEARCH TOOL.—The term ‘research tool’ means a
device, technology, procedure, biological material, reagent, computer system, computer software, or analytical technique that
is developed to assist in the discovery, development, or manufacture of a qualified product or project.
‘‘(b) AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY.—
‘‘(1) ESTABLISHMENT.—There is established within the
Department of Agriculture a pilot program that shall be known
as the Agriculture Advanced Research and Development
Authority (referred to in this section as the ‘AGARDA’) to
carry out advanced research and development.
‘‘(2) GOALS.—The goals of the AGARDA are—
‘‘(A) to develop and deploy advanced solutions to prevent, prepare, and protect against unintentional and intentional threats to agriculture and food in the United States;
‘‘(B) to overcome barriers in the development of agricultural technologies, research tools, and qualified products
and projects that enhance export competitiveness, environmental sustainability, and resilience to extreme weather;
‘‘(C) to ensure that the United States maintains and
enhances its position as a leader in developing and
deploying agricultural technologies, research tools, and
qualified projects and products that increase economic
opportunities and security for farmers, ranchers, and rural
communities; and
‘‘(D) to undertake advanced research and development
in areas in which industry by itself is not likely to do
so because of the technological or financial uncertainty.
‘‘(3) LEADERSHIP.—
‘‘(A) IN GENERAL.—The AGARDA shall be a component
of the Office of the Chief Scientist.
‘‘(B) DIRECTOR.—
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132 STAT. 4798
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(i) IN GENERAL.—The AGARDA shall be headed
by a Director, who shall be appointed by the Chief
Scientist.
‘‘(ii) QUALIFICATIONS.—The Director shall be an
individual who, by reason of professional background
and experience, is exceptionally qualified to advise the
Chief Scientist on, and manage advanced research and
development programs and other matters pertaining
to—
‘‘(I) qualified products and projects;
‘‘(II) agricultural technologies;
‘‘(III) research tools; and
‘‘(IV) challenges relating to the matters
described in subclauses (I) through (III).
‘‘(iii) RELATIONSHIP WITHIN THE DEPARTMENT OF
AGRICULTURE.—The Director shall report to the Chief
Scientist.
‘‘(4) DUTIES.—To achieve the goals described in paragraph
(2), the Secretary, acting through the Director, shall accelerate
advanced research and development by—
‘‘(A) identifying and promoting advances in basic
sciences;
‘‘(B) translating scientific discoveries and inventions
into technological innovations;
‘‘(C) collaborating with other agencies, relevant industries, academia, international agencies, the Foundation for
Food and Agriculture Research, and other relevant persons
to carry out the goals described in paragraph (2), including
convening, at a minimum, annual meetings or working
groups to demonstrate the operation and effectiveness of
advanced research and development of qualified products
and projects, agricultural technologies, and research tools;
‘‘(D) conducting ongoing searches for, and support calls
for, potential advanced research and development of agricultural technologies, qualified products and projects, and
research tools;
‘‘(E) awarding grants and entering into contracts,
cooperative agreements, or other transactions under paragraph (6) for advanced research and development of agricultural technology, qualified products and projects, and
research tools;
‘‘(F) establishing issue-based multidisciplinary teams
to reduce the time and cost of solving specific problems
that—
‘‘(i) are composed of representatives from Federal
and State agencies, professional groups, academia, and
industry;
‘‘(ii) seek novel and effective solutions; and
‘‘(iii) encourage data sharing and translation of
research to field use; and
‘‘(G) serving as a resource for interested persons
regarding requirements under relevant laws that impact
the development, commercialization, and technology
transfer of qualified products and projects, agricultural
technologies, and research tools.
‘‘(5) PRIORITY.—In awarding grants and entering into contracts, cooperative agreements, or other transactions under
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4799
paragraph (4)(E), the Secretary shall give priority to projects
that accelerate the advanced research and development of qualified products and projects that—
‘‘(A) address critical research and development needs
for technology for specialty crops; or
‘‘(B) prevent, protect, and prepare against intentional
and unintentional threats to agriculture and food.
‘‘(6) OTHER TRANSACTION AUTHORITIES.—
‘‘(A) IN GENERAL.—In carrying out the pilot program
under this section, the Secretary shall have the authority
to enter into other transactions in the same manner and
subject to the same terms and conditions as transactions
that the Secretary of Defense may enter into under section
2371 of title 10, United States Code.
‘‘(B) SCOPE.—The authority of the Secretary to enter
into contracts, cooperative agreements, and other transactions under this subsection shall be in addition to the
authorities under this Act and title I of the Department
of Agriculture and Related Agencies Appropriation Act,
1964 (7 U.S.C. 3318a), to use contracts, cooperative agreements, and grants in carrying out the pilot program under
this section.
‘‘(C) GUIDELINES.—The Secretary shall establish guidelines regarding the use of the authority under subparagraph (A).
‘‘(D) TECHNOLOGY TRANSFER.—In entering into other
transactions, the Secretary may negotiate terms for technology transfer in the same manner as a Federal laboratory
under paragraphs (1) through (4) of section 12(b) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(b)).
‘‘(7) AVAILABILITY OF DATA.—
‘‘(A) IN GENERAL.—The Secretary shall require that,
as a condition of being awarded a contract or grant or
entering into a cooperative agreement or other transaction
under paragraph (4)(E), a person shall make available to
the Secretary on an ongoing basis, and submit to the Secretary on request of the Secretary, all data relating to
or resulting from the activities carried out by the person
pursuant to this section.
‘‘(B) EXEMPTION FROM DISCLOSURE.—
‘‘(i) IN GENERAL.—This subparagraph shall be
considered a statute described in section 552(b)(3)(B)
of title 5, United States Code.
‘‘(ii) EXEMPTION.—The following information shall
be exempt from disclosure under section 552 of title
5, United States Code, and withheld from the public:
‘‘(I) Specific technical data or scientific
information that is created or obtained under this
section that reveals significant and not otherwise
publicly known vulnerabilities of existing agriculture and food defenses against biological, chemical, nuclear, or radiological threats.
‘‘(II) Trade secrets or commercial or financial
information that is privileged or confidential
(within the meaning of section 552(b)(4) of title
5, United States Code) and obtained in the conduct
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132 STAT. 4800
PUBLIC LAW 115–334—DEC. 20, 2018
of research or as a result of activities under this
section from a non-Federal party participating in
a contract, grant, cooperative agreement, or other
transaction under this section.
‘‘(iii) LIMITATION.—Information that results from
research and development activities conducted under
this section and that would be a trade secret or
commercial or financial information that is privileged
or confidential if the information had been obtained
from a non-Federal party participating in a cooperative
agreement or other transaction shall be withheld from
disclosure under subchapter II of chapter 5 of title
5, United States Code, for 5 years.
‘‘(8) MILESTONE-BASED PAYMENTS ALLOWED.—In awarding
contracts and grants and entering into cooperative agreements
or other transactions under paragraph (4)(E), the Secretary
may—
‘‘(A) use milestone-based awards and payments; and
‘‘(B) terminate a project for not meeting technical milestones.
‘‘(9) USE OF EXISTING PERSONNEL AUTHORITIES.—In carrying
out this subsection, the Secretary may appoint highly qualified
individuals to scientific or professional positions on the same
terms and conditions as provided in subsections (b)(3), (b)(4),
(c), (d), (e), and (f) of section 620 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7657).
‘‘(10) REPORT AND EVALUATION.—
‘‘(A) REPORT.—The Secretary shall submit to the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate an annual report examining the actions undertaken and results generated by the AGARDA.
‘‘(B) EVALUATION.—After the date on which the
AGARDA has been in operation for 3 years, the Comptroller
General of the United States shall conduct an evaluation—
‘‘(i) to be completed and submitted to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than 1 year after the
date on which the Comptroller General began conducting the evaluation;
‘‘(ii) describing the extent to which the AGARDA
is achieving the goals described in paragraph (2); and
‘‘(iii) including a recommendation on whether the
AGARDA should be continued, terminated, or
expanded.
‘‘(c) STRATEGIC PLAN.—
‘‘(1) IN GENERAL.—Not later than 360 days after the date
of enactment of this section, the Secretary shall develop and
make publicly available a strategic plan describing the strategic
vision that the AGARDA shall use—
‘‘(A) to make determinations for future investments
during the period of effectiveness of this section; and
‘‘(B) to achieve the goals described in subsection (b)(2).
‘‘(2) DISSEMINATION.—The Secretary shall disseminate the
information contained in the strategic plan under paragraph
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4801
(1) to persons who may have the capacity to substantially
contribute to the activities described in that strategic plan.
‘‘(3) COORDINATION; CONSULTATION.—The Secretary shall—
‘‘(A) update and coordinate the strategic coordination
plan under section 221(d)(7) of the Department of Agriculture Reorganization Act of 1994 with the strategic plan
developed under paragraph (1) for activities relating to
agriculture and food defense countermeasure development
and procurement; and
‘‘(B) in developing the strategic plan under paragraph
(1), consult with—
‘‘(i) the National Agricultural Research, Extension,
Education, and Economics Advisory Board established
under section 1408(a);
‘‘(ii) the specialty crops committee established
under section 1408A(a)(1);
‘‘(iii) relevant agriculture research agencies of the
Federal Government;
‘‘(iv) the National Academies of Sciences,
Engineering, and Medicine;
‘‘(v) the National Veterinary Stockpile IntraGovernment Advisory Committee for Strategic
Steering; and
‘‘(vi) other appropriate parties, as determined by
the Secretary.
‘‘(d) FUNDS.—
‘‘(1) ESTABLISHMENT.—There is established in the Treasury
the Agriculture Advanced Research and Development Fund,
which shall be administered by the Secretary, acting through
the Director—
‘‘(A) for the purpose of carrying out this section; and
‘‘(B) in the same manner and subject to the same
terms and conditions as are applicable to the Secretary
of Defense under section 2371 of title 10, United States
Code.
‘‘(2) DEPOSITS INTO FUND.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Director, may accept and deposit into the Fund monies
received pursuant to cost recovery, contribution, or royalty
payments under a contract, grant, cooperative agreement,
or other transaction under this section.
‘‘(B) AVAILABILITY OF AMOUNTS IN FUND.—Amounts
deposited into the fund shall remain available until
expended, without further appropriation, and may be used
to carry out the purposes of this section.
‘‘(C) CLARIFICATION.—Nothing in this paragraph
authorizes the use of the funds of the Commodity Credit
Corporation to carry out this section.
‘‘(3) FUNDING.—In addition to funds otherwise deposited
in the Fund under paragraph (1) or (2), there is authorized
to be appropriated to the Fund $50,000,000 for each of fiscal
years 2019 through 2023, to remain available until expended.
‘‘(e) TERMINATION OF EFFECTIVENESS.—
‘‘(1) IN GENERAL.—Except as provided under paragraph
(2), the authority provided by this section terminates on the
date that is 5 years after the date of the enactment of the
Agriculture Improvement Act of 2018.
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132 STAT. 4802
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply with
respect to—
‘‘(A) subsection (b)(7)(B); and
‘‘(B) grants awarded or contracts, cooperative agreements, or other transactions entered into before the end
of the 5-year period referred to in such clause.’’.
SEC. 7133. AQUACULTURE ASSISTANCE PROGRAMS.
Section 1477(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3324(a)(2)) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7134. RANGELAND RESEARCH PROGRAMS.
Section 1483(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) is
amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7135. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING
AND RESPONSE.
Section 1484 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) $30,000,000 for each of fiscal years 2019 through
2023.’’; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by inserting
‘‘and cooperative agreements’’ after ‘‘competitive grants’’;
(B) in paragraph (3), by striking ‘‘make competitive
grants’’ and inserting ‘‘award competitive grants and
cooperative agreements’’; and
(C) by adding at the end the following new paragraph:
‘‘(5) To coordinate the tactical science activities of the
Research, Education, and Economics mission area of the
Department that protect the integrity, reliability, sustainability,
and profitability of the food and agricultural system of the
United States against biosecurity threats from pests, diseases,
contaminants, and disasters.’’.
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SEC. 7136. DISTANCE EDUCATION AND RESIDENT INSTRUCTION
GRANTS PROGRAM FOR INSULAR AREA INSTITUTIONS OF
HIGHER EDUCATION.
(a) DISTANCE EDUCATION GRANTS FOR INSULAR AREAS.—Section
1490(f)(2) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
(b) RESIDENT INSTRUCTION GRANTS FOR INSULAR AREAS.—Section 1491(c)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4803
Subtitle B—Food, Agriculture,
Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5814) is amended in the first sentence by
striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5821(d)) is amended by striking ‘‘2018’’
and inserting ‘‘2023’’.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT
AND TRANSFER PROGRAM.
Section 1628(f)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking
‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5832(i)) is amended by striking ‘‘2018’’
and inserting ‘‘2023’’.
SEC.
7205.
NATIONAL STRATEGIC GERMPLASM AND CULTIVAR
COLLECTION ASSESSMENT AND UTILIZATION PLAN.
(a) IN GENERAL.—Section 1632(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
‘‘(6) develop and implement a national strategic germplasm
and cultivar collection assessment and utilization plan that
takes into consideration the resources and research necessary
to address the significant backlog of characterization and
maintenance of existing accessions considered to be critical
to preserve the viability of, and public access to, germplasm
and cultivars; and’’.
(b) PLAN PUBLICATION.—Section 1633 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5842) is amended
by adding at the end the following:
‘‘(f) PLAN PUBLICATION.—On completion of the development of
the plan described in section 1632(d)(6), the Secretary shall make
the plan available to the public.’’.
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SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM.
(a) ADVISORY COUNCIL.—Section 1634 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended—
(1) in subsection (a)—
(A) in the first sentence, by striking ‘‘The Secretary’’
and inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’;
(B) in the second sentence of paragraph (1) (as so
designated), by striking ‘‘The advisory’’ and inserting the
following:
‘‘(2) MEMBERSHIP.—The advisory’’;
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132 STAT. 4804
PUBLIC LAW 115–334—DEC. 20, 2018
(C) in paragraph (2) (as so designated), by striking
‘‘nine’’ and inserting ‘‘13’’; and
(D) by adding at the end the following:
‘‘(3) RECOMMENDATIONS.—
‘‘(A) IN GENERAL.—In making recommendations under
paragraph (1), the advisory council shall include recommendations on—
‘‘(i) the state of public cultivar development,
including—
‘‘(I) an analysis of existing cultivar research
investments;
‘‘(II) the research gaps relating to the development of cultivars across a diverse range of crops;
and
‘‘(III) an assessment of the state of commercialization of federally funded cultivars;
‘‘(ii) the training and resources needed to meet
future breeding challenges;
‘‘(iii) the appropriate levels of Federal funding for
cultivar development for underserved crops and
geographic areas; and
‘‘(iv) the development of the plan described in section 1632(d)(6).’’; and
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘Two-thirds’’ and inserting ‘‘6’’; and
(ii) by inserting ‘‘economics and policy,’’ after ‘‘agricultural sciences,’’;
(B) in paragraph (2)—
(i) by striking ‘‘One-third’’ and inserting ‘‘3’’; and
(ii) by inserting ‘‘community development,’’ after
‘‘public policy,’’; and
(C) by adding at the end the following:
‘‘(3) 4 of the members shall be appointed from among
individuals with expertise in public cultivar and animal breed
development.
‘‘(4) 4 of the members shall be appointed from among
individuals representing—
‘‘(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601));
‘‘(B) 1890 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601));
‘‘(C) Hispanic-serving institutions (as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)); or
‘‘(D) 1994 Institutions (as defined in section 532 of
the Equity in Educational Land-Grant Status Act of 1994
(7 U.S.C. 301 note; Public Law 103–382)).’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1635(b)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5844(b)(2)) is amended by striking ‘‘2018’’ and inserting
‘‘2023’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
SEC.
7207.
NATIONAL
SYSTEM.
AGRICULTURAL
WEATHER
132 STAT. 4805
INFORMATION
Section 1641(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5855(c)) is amended by striking ‘‘2018’’
and inserting ‘‘2023’’.
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SEC. 7208. AGRICULTURAL GENOME TO PHENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5924) is amended—
(1) in the section heading, by inserting ‘‘TO PHENOME’’
after ‘‘GENOME’’;
(2) by striking subsection (a) and inserting the following:
‘‘(a) GOALS.—The goals of this section are—
‘‘(1) to expand knowledge concerning genomes and
phenomes of crops and animals of importance to the agriculture
sector of the United States;
‘‘(2) to understand how variable weather, environments,
and production systems impact the growth and productivity
of specific varieties of crops and species of animals in order
to provide greater accuracy in predicting crop and animal
performance under variable conditions;
‘‘(3) to support research that leverages plant and animal
genomic information with phenotypic and environmental data
through an interdisciplinary framework, leading to a novel
understanding of plant and animal processes that affect growth,
productivity, and the ability to predict performance, which will
result in the deployment of superior varieties and species to
producers and improved crop and animal management recommendations for farmers and ranchers;
‘‘(4) to catalyze and coordinate research that links genomics
and predictive phenomics at different sites across the United
States to achieve advances in crops and animals that generate
societal benefits;
‘‘(5) to combine fields such as genetics, genomics, plant
physiology, agronomy, climatology, and crop modeling with computation and informatics, statistics, and engineering;
‘‘(6) to combine fields such as genetics, genomics, animal
physiology, meat science, animal nutrition, and veterinary
science with computation and informatics, statistics, and
engineering;
‘‘(7) to focus on crops and animals that will yield scientifically important results that will enhance the usefulness of
many other crops and animals;
‘‘(8) to build on genomic research, such as the Plant Genome
Research Project and the National Animal Genome Research
Program, to understand gene function in production environments that is expected to have considerable returns for crops
and animals of importance to the agriculture of the United
States;
‘‘(9) to develop improved data analytics to enhance understanding of the biological function of genes;
‘‘(10) to allow resources developed under this section,
including data, software, germplasm, and other biological materials, to be openly accessible to all persons, subject to any
confidentiality requirements imposed by law; and
‘‘(11) to encourage international partnerships with each
partner country responsible for financing its own research.’’;
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PUBLIC LAW 115–334—DEC. 20, 2018
(3) by striking subsection (b) and inserting the following:
‘‘(b) DUTIES OF SECRETARY.—The Secretary of Agriculture
(referred to in this section as the ‘Secretary’) shall conduct a
research initiative, to be known as the ‘Agricultural Genome to
Phenome Initiative’, for the purpose of—
‘‘(1) studying agriculturally significant crops and animals
in production environments to achieve sustainable and secure
agricultural production;
‘‘(2) ensuring that current gaps in existing knowledge of
agricultural crop and animal genetics and phenomics are filled;
‘‘(3) identifying and developing a functional understanding
of relevant genes from animals and agronomically relevant
genes from crops that are of importance to the agriculture
sector of the United States;
‘‘(4) ensuring future genetic improvement of crops and animals of importance to the agriculture sector of the United
States;
‘‘(5) studying the relevance of diverse germplasm as a
source of unique genes that may be of importance in the future;
‘‘(6) enhancing genetics to reduce the economic impact of
pathogens on crops and animals of importance to the agriculture
sector of the United States;
‘‘(7) disseminating findings to relevant audiences; and
‘‘(8) otherwise carrying out this section.’’;
(4) in subsection (c)(1), by inserting ‘‘, acting through the
National Institute of Food and Agriculture,’’ after ‘‘The Secretary’’;
(5) in subsection (e), by inserting ‘‘to Phenome’’ after
‘‘Genome’’; and
(6) by adding at the end the following:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $40,000,000 for each
of fiscal years 2019 through 2023.’’.
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SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925) is amended—
(1) in subsection (d)—
(A) in paragraph (8)—
(i) in the heading, by striking ‘‘ALFALFA AND FORAGE’’ and inserting ‘‘ALFALFA SEED AND ALFALFA FORAGE SYSTEMS’’;
(ii) by striking ‘‘alfalfa and forage’’ and inserting
‘‘alfalfa seed and alfalfa forage systems’’; and
(iii) by striking ‘‘alfalfa and other forages, and’’
and inserting ‘‘alfalfa seed and other alfalfa forage’’;
and
(B) by adding at the end the following new paragraphs:
‘‘(11) MACADAMIA TREE HEALTH INITIATIVE.—Research and
extension grants may be made under this section for the purposes of—
‘‘(A) developing and disseminating science-based tools
and treatments to combat the macadamia felted coccid
(Eriococcus ironsidei); and
‘‘(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of
being affected by, the macadamia felted coccid.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4807
‘‘(12) NATIONAL TURFGRASS RESEARCH INITIATIVE.—
Research and extension grants may be made under this section
for the purposes of—
‘‘(A) carrying out or enhancing research related to
turfgrass and sod issues;
‘‘(B) enhancing production and uses of turfgrass for
the general public;
‘‘(C) identifying new turfgrass varieties with superior
drought, heat, cold, and pest tolerance to reduce water,
fertilizer, and pesticide use;
‘‘(D) selecting genetically superior turfgrasses and
developing improved technologies for managing commercial, residential, and recreational turfgrass areas;
‘‘(E) producing turfgrasses that—
‘‘(i) aid in mitigating soil erosion;
‘‘(ii) protect against pollutant runoff into waterways; or
‘‘(iii) provide other environmental benefits;
‘‘(F) investigating, preserving, and protecting native
plant species, including grasses not currently utilized in
turfgrass systems;
‘‘(G) creating systems for more economical and viable
turfgrass seed and sod production throughout the United
States; and
‘‘(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and
mitigate pests.
‘‘(13) FERTILIZER MANAGEMENT INITIATIVE.—
‘‘(A) IN GENERAL.—Research and extension grants may
be made under this section for the purpose of carrying
out research to improve fertilizer use efficiency in crops—
‘‘(i) to maximize crop yield; and
‘‘(ii) to minimize nutrient losses to surface and
groundwater and the atmosphere.
‘‘(B) PRIORITY.—In awarding grants under subparagraph (A), the Secretary shall give priority to research
examining the impact of the source, rate, timing, and placement of plant nutrients.
‘‘(14) CATTLE FEVER TICK PROGRAM.—Research and extension grants may be made under this section to study cattle
fever ticks—
‘‘(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks;
‘‘(B) to develop advanced methods for eradication of
cattle fever ticks, including—
‘‘(i) alternative treatment methods for cattle and
other susceptible species;
‘‘(ii) field treatment for premises, including corral
pens and pasture loafing areas;
‘‘(iii) methods for treatment and control on infested
wildlife;
‘‘(iv) biological control agents; and
‘‘(v) new and improved vaccines;
‘‘(C) to evaluate rangeland vegetation that impacts the
survival of cattle fever ticks;
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‘‘(D) to improve management of diseases relating to
cattle fever ticks that are associated with wildlife, livestock,
and human health;
‘‘(E) to improve diagnostic detection of tick-infested
or infected animals and pastures; and
‘‘(F) to conduct outreach to impacted ranchers, hunters,
and landowners to integrate tactics and document sustainability of best practices.
‘‘(15) LAYING HEN AND TURKEY RESEARCH PROGRAM.—
Research grants may be made under this section for the purpose
of improving the efficiency and sustainability of laying hen
and turkey production through integrated, collaborative
research and technology transfer. Emphasis may be placed
on laying hen and turkey disease prevention, antimicrobial
resistance, nutrition, gut health, and alternative housing systems under extreme seasonal weather conditions.
‘‘(16) CHRONIC WASTING DISEASE.—Research and extension
grants may be made under this section for the purposes of
supporting research projects at land-grant colleges and universities (as defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)) with established deer research programs for the purposes
of treating, mitigating, or eliminating chronic wasting disease.
‘‘(17) ALGAE AGRICULTURE RESEARCH PROGRAM.—Research
and extension grants may be made under this section for the
development and testing of algae and algae systems (including
micro- and macro-algae systems).
‘‘(18) NUTRIENT MANAGEMENT.—Research and extension
grants may be made under this section for the purposes of
examining nutrient management based on the source, rate,
timing, and placement of crop nutrients.
‘‘(19) DRYLAND FARMING AGRICULTURAL SYSTEMS.—
Research and extension grants may be made under this section
for the purposes of carrying out or enhancing research on
the utilization of big data for more precise management of
dryland farming agricultural systems.
‘‘(20) HOP PLANT HEALTH INITIATIVE.—Research and extension grants may be made under this section for the purposes
of developing and disseminating science-based tools and treatments to combat diseases of hops caused by the plant pathogens
Podosphaera macularis and Pseudoperonospora humuli.’’;
(2) in subsection (e)(5), by striking ‘‘2018’’ and inserting
‘‘2023’’;
(3) in subsection (f)(5), by striking ‘‘2018’’ and inserting
‘‘2023’’;
(4) in subsection (g)—
(A) in paragraphs (1)(B), (2)(B), and (3), by striking
‘‘2018’’ each place it appears and inserting ‘‘2023’’;
(B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) ENHANCED COORDINATION OF HONEYBEE AND POLLINATOR RESEARCH.—
‘‘(A) IN GENERAL.—The Chief Scientist of the Department of Agriculture shall coordinate research, extension,
education, and economic activities in the Department of
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132 STAT. 4809
Agriculture relating to native and managed pollinator
health and habitat.
‘‘(B) DUTIES.—In carrying out subparagraph (A), the
Chief Scientist shall—
‘‘(i) assign an individual to serve in the Office
of the Chief Scientist as a Honeybee and Pollinator
Research Coordinator who shall be responsible for
leading the efforts of the Chief Scientist in carrying
out such subparagraph;
‘‘(ii) implement and coordinate pollinator health
research efforts of the Department, as recommended
by the Pollinator Health Task Force;
‘‘(iii) establish annual strategic priorities and goals
for the Department for native and managed pollinator
research;
‘‘(iv) communicate such priorities and goals to each
agency or office of the Department of Agriculture, the
managed pollinator industry, and relevant grant recipients under programs administered by the Secretary;
and
‘‘(v) coordinate and identify all research on native
and managed pollinator health needed and conducted
by the Department of Agriculture and relevant grant
recipients under programs administered by the Secretary to ensure consistency and reduce unintended
duplication of effort.
‘‘(C) RESEARCH.—In coordinating research activities
under subparagraph (A), the Chief Scientist shall ensure
that such research—
‘‘(i) identifies and addresses the multiple stressors
on pollinator health, including pests and pathogens,
reduced habitat, lack of nutritional resources, and
exposure to pesticides;
‘‘(ii) evaluates stewardship and management practices of managed pollinators that would impact managed pollinator health;
‘‘(iii) documents the prevalence of major pests, such
as varroa destructor (commonly referred to as the
varroa mite), and diseases that are transported
between States through practices involving managed
pollinators;
‘‘(iv) evaluates the impact of overcrowding of colonies for pollination services and the impact of such
overcrowding on pollinator health status and pollinator
health recovery;
‘‘(v) evaluates and reports on the health differences
of managed pollinators in—
‘‘(I) crops not requiring contract pollination;
‘‘(II) crops requiring contract pollination; and
‘‘(III) native habitat;
‘‘(vi) evaluates the impact of horticultural and agricultural pest management practices on native and
managed pollinator colonies in diverse agroecosystems;
‘‘(vii) documents pesticide residues that are—
‘‘(I) found in native and managed pollinator
colonies; and
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‘‘(II) associated with typical localized commercial crop pest management practices;
‘‘(viii) with respect to native and managed pollinator colonies visiting crops for crop pollination or
honey production purposes, documents—
‘‘(I) the strength and health of such colonies;
‘‘(II) the survival, growth, reproduction, and
production of such colonies;
‘‘(III) pests, pathogens, and viruses that affect
such colonies;
‘‘(IV) environmental conditions of such colonies;
‘‘(V) beekeeper practices; and
‘‘(VI) any other relevant information, as determined by the Chief Scientist;
‘‘(ix) documents, with respect to healthy populations of managed pollinators, best management practices and other practices for managed pollinators and
crop managers;
‘‘(x) evaluates the effectiveness of—
‘‘(I) conservation practices that target the specific needs of native and managed pollinator habitats;
‘‘(II) incentives that allow for the expansion
of native and managed pollinator forage acreage;
and
‘‘(III) managed pollinator breeding practices
and efforts to, with respect to managed pollinators,
avoid creating a genetic bottleneck and improve
genetic diversity;
‘‘(xi) in the case of commercially managed pollinator colonies, continues to gather data—
‘‘(I) on an annual basis with respect to losses
of such colonies, splits of such colonies, and the
total number of pollinator colonies;
‘‘(II) on rising input costs; and
‘‘(III) overall economic value to the food
economy; and
‘‘(xii) addresses any other issue relating to native
and managed pollinators, as determined by the Chief
Scientist, in consultation with scientific experts.
‘‘(D) PUBLICATION.—The Chief Scientist, to the maximum extent practicable, shall—
‘‘(i) make publicly available the results of the
research described in subparagraph (C); and
‘‘(ii) in the case of the research described in
subparagraph (C)(vi), publish any data or reports that
were produced by the Department of Agriculture but
not made publicly available during the period beginning on January 1, 2008, and ending on the date
of the enactment of the Agriculture Improvement Act
of 2018.’’; and
(5) in subsection (h), by striking ‘‘2018’’ and inserting
‘‘2023’’.
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132 STAT. 4811
SEC. 7210. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925b) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by inserting ‘‘using funds made available under
subsection (e),’’ after ‘‘Board,’’; and
(ii) by inserting ‘‘in each of fiscal years 2019
through 2023’’ after ‘‘grants’’; and
(B) in paragraph (7), by inserting ‘‘, soil health,’’ after
‘‘conservation’’; and
(2) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (B), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following new subparagraphs:
‘‘(D) $20,000,000 for each of fiscal years 2019 through
2020;
‘‘(E) $25,000,000 for fiscal year 2021;
‘‘(F) $30,000,000 for fiscal year 2022; and
‘‘(G) $50,000,000 for fiscal year 2023 and each fiscal
year thereafter.’’; and
(B) in paragraph (2)—
(i) in the paragraph heading, by striking ‘‘FOR
FISCAL YEARS 2014 THROUGH 2018’’; and
(ii) by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7211. FARM BUSINESS MANAGEMENT.
Section 1672D of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925f) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) IN GENERAL.—The Secretary may make competitive
research and extension grants for the purpose of improving the
farm management knowledge and skills of agricultural producers
by maintaining and expanding a national, publicly available farm
financial management database to support improved farm management.’’;
(2) in subsection (b)—
(A) in paragraph (2), by striking ‘‘and producer’’ and
inserting ‘‘educational programs and’’; and
(B) in paragraph (4), by striking ‘‘use and support’’
and inserting ‘‘contribute data to’’; and
(3) in subsection (d)(2), by striking ‘‘2018’’ and inserting
‘‘2023’’.
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SEC. 7212. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
(a) IN GENERAL.—The Food, Agriculture, Conservation, and
Trade Act of 1990 is amended by inserting after section 1672D
(7 U.S.C. 5925f) the following:
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7 USC 5925g.
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘SEC. 1672E. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
‘‘(a) COMPETITIVE RESEARCH AND EXTENSION GRANTS AUTHORconsultation with the Urban Agriculture and Innovative
Production Advisory Committee established under section 222(b)
of the Department of Agriculture Reorganization Act of 1994, the
Secretary may make competitive grants to support research, education, and extension activities for the purposes of facilitating the
development of urban, indoor, and other emerging agricultural
production, harvesting, transportation, aggregation, packaging, distribution, and markets, including by—
‘‘(1) assessing and developing strategies to remediate
contaminated sites;
‘‘(2) determining and developing the best production
management and integrated pest management practices;
‘‘(3) identifying and promoting the horticultural, social, and
economic factors that contribute to successful urban, indoor,
and other emerging agricultural production;
‘‘(4) analyzing the means by which new agricultural sites
are determined, including an evaluation of soil quality, condition of a building, or local community needs;
‘‘(5) exploring new technologies that minimize energy,
lighting systems, water, and other inputs for increased food
production;
‘‘(6) examining building material efficiencies and structural
upgrades for the purpose of optimizing growth of agricultural
products;
‘‘(7) developing new crop varieties and agricultural products
to connect to new markets; or
‘‘(8) examining the impacts of crop exposure to urban elements on environmental quality and food safety.
‘‘(b) GRANT TYPES AND PROCESS.—Subparagraphs (A) through
(E) of paragraph (4), paragraph (7), and paragraph (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157) shall apply with respect to the making
of grants under this section.
‘‘(c) PRIORITY.—The Secretary may give priority to grant proposals that involve—
‘‘(1) the cooperation of multiple entities; or
‘‘(2) States or regions with a high concentration of or significant interest in urban farms, rooftop farms, and indoor production facilities.
‘‘(d) FUNDING.—
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $10,000,000 for fiscal year 2019, to remain available
until expended.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts made available under paragraph (1), there is authorized to be appropriated to carry out this section $10,000,000
for each of fiscal years 2019 through 2023.’’.
(b) DATA COLLECTION ON URBAN, INDOOR, AND EMERGING AGRICULTURAL PRODUCTION.—
(1) IN GENERAL.—Not later than one year after the date
of enactment of this Act, the Secretary shall conduct as a
follow-on study to the census of agriculture conducted in the
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132 STAT. 4813
calendar year 2017 under section 2 of the Census of Agriculture
Act of 1997 (7 U.S.C. 2204g) a census of urban, indoor, and
other emerging agricultural production, including information
about—
(A) community gardens and farms located in urban
areas, suburbs, and urban clusters;
(B) rooftop farms, outdoor vertical production, and
green walls;
(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
(D) hydroponic, aeroponic, and aquaponic farm facilities; and
(E) other innovations in agricultural production, as
determined by the Secretary.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $14,000,000
for the period of fiscal years 2019 through 2021.
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SEC. 7213. CENTERS OF EXCELLENCE AT 1890 INSTITUTIONS.
Section 1673 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5926) is amended by adding at the end
the following:
‘‘(d) CENTERS OF EXCELLENCE AT 1890S INSTITUTIONS.—
‘‘(1) RECOGNITION.—The Secretary shall recognize not less
than 3 centers of excellence, each led by an 1890 Institution
(as defined in section 2 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7601)), to focus
on 1 or more of the areas described in paragraph (2).
‘‘(2) AREAS OF FOCUS.—
‘‘(A) STUDENT SUCCESS AND WORKFORCE DEVELOPMENT.—A center of excellence established under paragraph
(1) may engage in activities to ensure that students have
the skills and education needed to work in agriculture
and food industries, agriculture science, technology,
engineering, mathematics, and related fields of study.
‘‘(B) NUTRITION, HEALTH, WELLNESS, AND QUALITY OF
LIFE.—A center of excellence established under paragraph
(1) may carry out research, education, and extension programs that increase access to healthy food, improve nutrition, mitigate preventive disease, and develop strategies
to assist limited resource individuals in accessing health
and nutrition resources.
‘‘(C) FARMING SYSTEMS, RURAL PROSPERITY, AND ECONOMIC SUSTAINABILITY.—A center of excellence established
under paragraph (1) may share best practices with farmers
to improve agricultural production, processing, and marketing, reduce urban food deserts, examine new uses for
traditional and nontraditional crops, animals, and natural
resources, and continue activities carried out by the Center
for Innovative and Sustainable Small Farms, Ranches, and
Forest Lands.
‘‘(D) GLOBAL FOOD SECURITY AND DEFENSE.—A center
of excellence established under paragraph (1) may engage
in international partnerships that strengthen agricultural
development in developing countries, partner with international researchers regarding new and emerging animal
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132 STAT. 4814
PUBLIC LAW 115–334—DEC. 20, 2018
and plant pests and diseases, engage in agricultural disaster recovery, and continue activities carried out by the
Center for International Engagement.
‘‘(E) NATURAL RESOURCES, ENERGY, AND ENVIRONMENT.—A center of excellence established under paragraph
(1) may focus on protecting and managing domestic natural
resources for current and future production of food and
agricultural products.
‘‘(F) EMERGING TECHNOLOGIES.—A center of excellence
established under paragraph (1) may focus on the development of emerging technologies to increase agricultural
productivity, enhance small farm economic viability, and
improve rural communities by developing genetic and
sensor technologies for food and agriculture and providing
technology training to farmers.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2019 through 2023.
‘‘(4) REPORT.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and every
year thereafter, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report describing—
‘‘(A) the resources invested in the centers of excellence
established under paragraph (1); and
‘‘(B) the work being done by those centers of excellence.’’.
SEC. 7214. CLARIFICATION OF VETERAN ELIGIBILITY FOR ASSISTIVE
TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5933) is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(7) CLARIFICATION OF APPLICATION OF PROVISIONS TO VETERANS WITH DISABILITIES.—This subsection shall apply with
respect to veterans with disabilities, and their families, who—
‘‘(A) are engaged in farming or farm-related occupations; or
‘‘(B) are pursuing new farming opportunities.’’;
(2) in subsection (b)—
(A) by inserting ‘‘(including veterans)’’ after ‘‘individuals’’; and
(B) by inserting ‘‘or, in the case of veterans with disabilities, who are pursuing new farming opportunities’’ before
the period at the end; and
(3) in subsection (c)(1)(B), by striking ‘‘2018’’ and inserting
‘‘2023’’.
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SEC. 7215. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking
‘‘2018’’ and inserting ‘‘2023’’.
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132 STAT. 4815
Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998
SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.
(a) ENDING LIMITATION ON FUNDING.—Section 405(e)(3) of the
Agricultural Research, Extension, And Education Reform Act of
1998 (7 U.S.C. 7625(e)(3)) is amended to read as follows:
‘‘(3) TERM OF GRANT.—A grant under this section shall
have a term that is not more than 3 years.’’.
(b) NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.—Section 405(j)
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7625(j)) is amended by striking ‘‘there are
authorized’’ and all that follows through the period at the end
and inserting ‘‘there is authorized to be appropriated $10,000,000
for each of fiscal years 2019 through 2023.’’.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION
COMPETITIVE GRANTS PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM
GRAMINEARUM OR BY TILLETIA INDICA.
Section 408 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7628) is amended—
(1) in subsection (e)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) $15,000,000 for each of fiscal years 2019 through
2023.’’; and
(2) by adding at the end the following new subsection:
‘‘(f) LIMITATION ON INDIRECT COSTS.—A recipient of a grant
under this section may not use more than 10 percent of the funds
provided by the grant for the indirect costs of carrying out the
initiatives described in subsection (a).’’.
SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.
(a) INDUSTRY NEEDS.—Section 412(b) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(b)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F); and
(B) by inserting after subparagraph (A) the following:
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(B) size-controlling rootstock systems for perennial
crops;’’;
(2) in paragraph (2), by striking ‘‘including threats to specialty crop pollinators;’’ and inserting the following: ‘‘including—
‘‘(A) threats to specialty crop pollinators;
‘‘(B) emerging and invasive species; and
‘‘(C) a more effective understanding and utilization
of existing natural enemy complexes;’’;
(3) in paragraph (3)—
(A) by striking ‘‘efforts to improve’’ and inserting the
following: ‘‘efforts—
‘‘(A) to improve’’;
(B) in subparagraph (A) (as so designated), by adding
‘‘and’’ at the end; and
(C) by adding at the end the following:
‘‘(B) to achieve a better understanding of—
‘‘(i) the soil rhizosphere microbiome;
‘‘(ii) pesticide application systems and certified
drift-reduction technologies; and
‘‘(iii) systems to improve and extend the storage
life of specialty crops;’’; and
(4) in paragraph (4), by striking ‘‘including improved
mechanization and technologies that delay or inhibit ripening;
and’’ and inserting the following: ‘‘including—
‘‘(A) mechanization and automation of labor-intensive
tasks in production and processing;
‘‘(B) technologies that delay or inhibit ripening;
‘‘(C) decision support systems driven by phenology and
environmental factors;
‘‘(D) improved monitoring systems for agricultural
pests; and
‘‘(E) effective systems for preharvest and postharvest
management of quarantine pests; and’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 412(k)(2) of
the Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7632(k)(2)) is amended—
(1) in the subsection heading, by striking ‘‘2018’’ and
inserting ‘‘2023’’; and
(2) by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by
striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
Section 617(f)(1) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
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132 STAT. 4817
Subtitle D—Food, Conservation, and
Energy Act of 2008
PART I—AGRICULTURAL SECURITY
SEC. 7401. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c)(2) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8912(c)(2)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8913) is amended—
(1) in subsection (a)(2)(B), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(2) in subsection (b)(2)(B), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC.
7403.
RESEARCH AND DEVELOPMENT
COUNTERMEASURES.
OF
AGRICULTURAL
Section 14121(b)(2) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8921(b)(2)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 7404. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e)(2) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8922(e)(2)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
PART II—MISCELLANEOUS
SEC. 7411. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of
2008 (Public Law 110–246; 122 Stat. 2019) is amended by striking
‘‘10-year period’’ and inserting ‘‘15-year period’’.
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SEC. 7412. FARM AND RANCH STRESS ASSISTANCE NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 5936) is amended—
(1) in subsection (a), by striking ‘‘to support cooperative
programs between State cooperative extension services and nonprofit organizations’’ and inserting ‘‘to eligible entities described
in subsection (c)’’;
(2) in subsection (b)—
(A) by striking paragraph (5);
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
the subparagraphs appropriately;
(C) by striking subparagraph (B) (as so redesignated)
and inserting the following:
‘‘(B) training, including training programs and workshops, for—
‘‘(i) advocates for individuals who are engaged in
farming, ranching, and other occupations relating to
agriculture; and
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132 STAT. 4818
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(ii) other individuals and entities that may assist
individuals who—
‘‘(I) are engaged in farming, ranching, and
other occupations relating to agriculture; and
‘‘(II) are in crisis;’’;
(D) in subparagraph (C) (as so redesignated), by adding
‘‘and’’ after the semicolon at the end;
(E) in subparagraph (D) (as so redesignated), by
striking ‘‘activities; and’’ and inserting ‘‘activities, including
the dissemination of information and materials; or’’;
(F) in the matter preceding subparagraph (A) (as so
redesignated), by striking ‘‘be used to initiate’’ and inserting
the following: ‘‘be used—
‘‘(1) to initiate’’; and
(G) by adding at the end the following:
‘‘(2) to enter into contracts, on a multiyear basis, with
community-based, direct-service organizations to initiate,
expand, or sustain programs described in paragraph (1) and
subsection (a).’’; and
(3) by striking subsections (c) and (d) and inserting the
following:
‘‘(c) ELIGIBLE RECIPIENTS.—The Secretary may award a grant
under this section to—
‘‘(1) an Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304));
‘‘(2) a State department of agriculture;
‘‘(3) a State cooperative extension service;
‘‘(4) a qualified nonprofit organization, as determined by
the Secretary;
‘‘(5) an entity providing appropriate services, as determined
by the Secretary, in 1 or more States; or
‘‘(6) a partnership carried out by 2 or more entities
described in paragraphs (1) through (5).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for each of fiscal years 2019 through 2023.
‘‘(e) REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, the Secretary, in coordination
with the Secretary of Health and Human Services, shall submit
to Congress and any other relevant Federal department or
agency, and make publicly available, a report describing the
state of behavioral and mental health of individuals who are
engaged in farming, ranching, and other occupations relating
to agriculture.
‘‘(2) CONTENTS.—The report under paragraph (1) shall
include—
‘‘(A) an inventory and assessment of efforts to support
the behavioral and mental health of individuals who are
engaged in farming, ranching, and other occupations
relating to agriculture by—
‘‘(i) the Federal Government, States, and units of
local government;
‘‘(ii) communities comprised of those individuals;
‘‘(iii) health care providers;
‘‘(iv) State cooperative extension services; and
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132 STAT. 4819
‘‘(v) other appropriate entities, as determined by
the Secretary;
‘‘(B) a description of the challenges faced by individuals
who are engaged in farming, ranching, and other occupations relating to agriculture that may impact the behavioral
and mental health of farmers and ranchers;
‘‘(C) a description of how the Department of Agriculture
can improve coordination and cooperation with Federal
health departments and agencies, including the Department of Health and Human Services, the Substance Abuse
and Mental Health Services Administration, the Health
Resources and Services Administration, the Centers for
Disease Control and Prevention, and the National
Institutes of Health, to best address the behavioral and
mental health of individuals who are engaged in farming,
ranching, and other occupations relating to agriculture;
‘‘(D) a long-term strategy for responding to the challenges described under subparagraph (B) and recommendations based on best practices for further action to be carried
out by appropriate Federal departments or agencies to
improve Federal Government response and seek to prevent
suicide among individuals who are engaged in farming,
ranching, and other occupations relating to agriculture;
and
‘‘(E) an evaluation of the impact that behavioral and
mental health challenges and outcomes (including suicide)
among individuals who are engaged in farming, ranching,
and other agriculture related occupations have on—
‘‘(i) the agricultural workforce;
‘‘(ii) agricultural production;
‘‘(iii) rural families and communities; and
‘‘(iv) succession planning.
‘‘(f) STATE DEFINED.—For purposes of this section, the term
‘State’ has the meaning given such term in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103).’’.
SEC. 7413. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 5937(e)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 7414. SUN GRANT PROGRAM.
Section 7526(g) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8114(g)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
Subtitle E—Amendments to Other Laws
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SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT.
(a) HEMP RESEARCH.—Section 5(b)(9) of the Critical Agricultural Materials Act (7 U.S.C. 178c(b)(9)) is amended by inserting
‘‘, and including hemp (as defined in section 297A of the Agricultural
Marketing Act of 1946)’’ after ‘‘hydrocarbon-containing plants’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 16(a)(2) of the
Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF
1994.
(a) 1994 INSTITUTION DEFINED.—
(1) IN GENERAL.—Section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103–382) is amended to read as follows:
‘‘SEC. 532. DEFINITION OF 1994 INSTITUTION.
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‘‘In this part, the term ‘1994 Institution’ means any of the
following colleges:
‘‘(1) Aaniiih Nakoda College.
‘‘(2) Bay Mills Community College.
‘‘(3) Blackfeet Community College.
‘‘(4) Cankdeska Cikana Community College.
‘‘(5) Chief Dull Knife College.
‘‘(6) College of Menominee Nation.
‘‘(7) College of the Muscogee Nation.
‘‘(8) D–Q University.
‘‘(9) Dine College.
‘‘(10) Fond du Lac Tribal and Community College.
‘‘(11) Fort Peck Community College.
‘‘(12) Haskell Indian Nations University.
‘‘(13) Ilisagvik College.
‘‘(14) Institute of American Indian and Alaska Native Culture and Arts Development.
‘‘(15) Keweenaw Bay Ojibwa Community College.
‘‘(16) Lac Courte Oreilles Ojibwa Community College.
‘‘(17) Leech Lake Tribal College.
‘‘(18) Little Big Horn College.
‘‘(19) Little Priest Tribal College.
‘‘(20) Navajo Technical University.
‘‘(21) Nebraska Indian Community College.
‘‘(22) Northwest Indian College.
‘‘(23) Nueta Hidatsa Sahnish College.
‘‘(24) Oglala Lakota College.
‘‘(25) Red Lake Nation College.
‘‘(26) Saginaw Chippewa Tribal College.
‘‘(27) Salish Kootenai College.
‘‘(28) Sinte Gleska University.
‘‘(29) Sisseton Wahpeton College.
‘‘(30) Sitting Bull College.
‘‘(31) Southwestern Indian Polytechnic Institute.
‘‘(32) Stone Child College.
‘‘(33) Tohono O’odham Community College.
‘‘(34) Turtle Mountain Community College.
‘‘(35) United Tribes Technical College.
‘‘(36) White Earth Tribal and Community College.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on the date of the enactment of this Act.
(b) ENDOWMENT FOR 1994 INSTITUTIONS.—Section 533(b) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103–382) is amended in the first sentence
by striking ‘‘2018’’ and inserting ‘‘2023’’.
(c) INSTITUTIONAL CAPACITY BUILDING GRANTS.—Section 535
of the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103–382) is amended by striking ‘‘2018’’
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132 STAT. 4821
each place it appears in subsections (b)(1) and (c) and inserting
‘‘2023’’.
(d) RESEARCH GRANTS.—Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103–382) is amended in the first sentence by striking ‘‘2018’’
and inserting ‘‘2023’’.
SEC. 7503. RESEARCH FACILITIES ACT.
(a) AGRICULTURAL RESEARCH FACILITY DEFINED.—The Research
Facilities Act is amended—
(1) in section 2(1) (7 U.S.C. 390(1)) by striking ‘‘a college,
university, or nonprofit institution’’ and inserting ‘‘an entity
eligible to receive funds under a capacity and infrastructure
program (as defined in section 251(f)(1)(C) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(C)))’’; and
(2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by striking
‘‘recipient college, university, or nonprofit institution’’ and
inserting ‘‘recipient entity’’.
(b) LONG-TERM SUPPORT.—Section 3(c)(2)(D) of the Research
Facilities Act (7 U.S.C. 390a(c)(2)(D)), as amended by subsection
(a), is further amended by striking ‘‘operating costs’’ and inserting
‘‘operating and maintenance costs’’.
(c) COMPETITIVE GRANT PROGRAM.—The Research Facilities Act
is amended by inserting after section 3 (7 U.S.C. 390a) the following
new section:
‘‘SEC. 4. COMPETITIVE GRANT PROGRAM.
7 USC 390b.
‘‘The Secretary shall establish a program to make competitive
grants to assist in the construction, alteration, acquisition, modernization, renovation, or remodeling of agricultural research facilities.’’.
(d) AUTHORIZATION OF APPROPRIATIONS AND FUNDING LIMITATIONS.—Section 6 of the Research Facilities Act (7 U.S.C. 390d)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘subsection (b),’’ and inserting ‘‘subsections (b), (c), and (d),’’;
(B) by striking ‘‘2018’’ and inserting ‘‘2023’’; and
(C) by adding at the end the following new sentence:
‘‘Funds appropriated pursuant to the preceding sentence
shall be available until expended.’’; and
(2) by adding at the end the following new subsections:
‘‘(c) MAXIMUM AMOUNT.—Not more than 25 percent of the funds
made available pursuant to subsection (a) for any fiscal year shall
be used for any single agricultural research facility project.
‘‘(d) PROJECT LIMITATION.—An entity eligible to receive funds
under this Act may receive funds for only one project at a time.’’.
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SEC. 7504. AGRICULTURE AND FOOD RESEARCH INITIATIVE.
Subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157(b)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (D)—
(i) by redesignating clauses (iii) through (vii) as
clauses (iv) through (viii), respectively; and
(ii) by inserting after clause (ii) the following new
clause:
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132 STAT. 4822
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‘‘(iii) soil health;’’;
(B) in subparagraph (E)—
(i) in clause (iii), by striking ‘‘and’’ at the end;
(ii) in clause (iv), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following new clause:
‘‘(v) tools that accelerate the use of automation
or mechanization for labor-intensive tasks in the
production and distribution of crops.’’; and
(C) in subparagraph (F)—
(i) in clause (vi), by striking ‘‘and’’ at the end;
(ii) in clause (vii), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following new clause:
‘‘(viii) barriers and bridges to entry and farm
viability for young, beginning, socially disadvantaged,
veteran, and immigrant farmers and ranchers,
including farm succession, transition, transfer, entry,
and profitability issues.’’;
(2) in paragraph (6)—
(A) in subparagraph (D), by striking ‘‘and’’ at the end;
(B) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(F) to an institution to carry out collaboration in biomedical and agricultural research using existing research
models.’’; and
(3) in paragraph (11)(A)—
(A) in the matter preceding clause (i), by striking
‘‘2018’’ and inserting ‘‘2023’’; and
(B) in clause (ii), by striking ‘‘4’’ and inserting ‘‘5’’.
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SEC. 7505. EXTENSION DESIGN AND DEMONSTRATION INITIATIVE.
(a) IN GENERAL.—The Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157) is amended by inserting after
subsection (c) the following:
‘‘(d) EXTENSION DESIGN AND DEMONSTRATION INITIATIVE.—
‘‘(1) PURPOSE.—The purpose of this subsection is to encourage the design of adaptive prototype systems for improving
extension and education that seek to advance the application,
translation, and demonstration of scientific discoveries and
other agricultural research for the adoption and understanding
of food, agricultural, and natural resources practices, techniques, methods, and technologies using digital or other novel
platforms.
‘‘(2) GRANTS.—The Secretary shall award grants each fiscal
year on a competitive basis—
‘‘(A) for the design of 1 or more extension and education
prototype systems—
‘‘(i) that leverage digital platforms or other novel
means of translating, delivering, or demonstrating agricultural research; and
‘‘(ii) to adapt, apply, translate, or demonstrate scientific findings, data, technology, and other research
outcomes to producers, the agricultural industry, and
other interested persons or organizations; and
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132 STAT. 4823
‘‘(B) to demonstrate, by incorporating analytics and
specific metrics, the value, impact, and return on the Federal investment of a prototype system designed under
subparagraph (A) as a model for use by other eligible
entities described in paragraph (3) for improving, modernizing, and adapting applied research, demonstration, and
extension services.
‘‘(3) ELIGIBLE ENTITIES.—An entity that is eligible to receive
a grant under paragraph (2) is—
‘‘(A) a State agricultural experiment station (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103));
‘‘(B) a cooperative extension service (as defined in such
section); and
‘‘(C) a land-grant college or university (as defined in
such section) .
‘‘(4) REQUIREMENT.—The Secretary shall award grants
under paragraph (2) to not fewer than 2 and not more than
5 eligible entities described in paragraph (3) that represent
a diversity of regions, commodities, and agricultural or food
production issues.
‘‘(5) TERM.—The term of a grant awarded under paragraph
(2) shall be not longer than 5 years.
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2019 through 2023, to remain available
until expended.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157)
is amended—
(1) in subsection (c)(2), in the matter preceding subparagraph (A), by striking ‘‘subsection—’’ and all that follows
through ‘‘for the planning’’ in subparagraph (B) and inserting
‘‘subsection for the planning’’; and
(2) in subsection (h), by inserting ‘‘, (d),’’ after ‘‘subsections
(b)’’.
SEC.
7506.
REPEAL OF
SERVICE.
REVIEW
OF
AGRICULTURAL
RESEARCH
Section 7404 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3101 note; Public Law 107–171) is repealed.
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SEC. 7507. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108) is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), by striking ‘‘or’’ at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(C) carbon dioxide that—
‘‘(i) is intended for permanent sequestration or
utilization; and
‘‘(ii) is a byproduct of the production of the products
described in subparagraphs (A) and (B).’’;
(2) in subsection (d)(2)(A)—
(A) in clause (xii), by striking ‘‘and’’ at the end;
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132 STAT. 4824
PUBLIC LAW 115–334—DEC. 20, 2018
(B) by redesignating clause (xiii) as clause (xiv); and
(C) by inserting after clause (xii) the following:
‘‘(xiii) an individual with expertise in carbon
dioxide capture, utilization, and sequestration; and’’;
(3) in subsection (e)—
(A) in paragraph (2)(B)—
(i) in clause (ii), by striking ‘‘and’’ at the end;
and
(ii) by adding at the end the following:
‘‘(iv) to permanently sequester or utilize carbon
dioxide described in subsection (a)(1)(C); and’’; and
(B) in paragraph (3)(B)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) in clause (ii), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(iii) the development of technologies to permanently sequester or utilize carbon dioxide described
in subsection (a)(1)(C).’’; and
(4) in subsection (h)(2), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC. 7508. REINSTATEMENT OF MATCHING REQUIREMENT FOR FEDERAL FUNDS USED IN EXTENSION WORK AT THE UNIVERSITY OF THE DISTRICT OF COLUMBIA.
(a) IN GENERAL.—Section 209(c) of the District of Columbia
Public Postsecondary Education Reorganization Act (Public Law
93–471; sec. 38–1202.09(c), D.C. Official Code) is amended by
inserting after the first sentence the following: ‘‘Such sums may
be used to pay not more than 1⁄2 of the total cost of providing
such extension work.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 7509. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 6 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is
amended in the first sentence by striking ‘‘2018’’ and inserting
‘‘2023’’.
(b) TERMINATION DATE.—Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95–306)
is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 7510. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C.
2809) is amended by striking ‘‘2018’’ each place it appears and
inserting ‘‘2023’’.
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SEC. 7511. FEDERAL AGRICULTURE RESEARCH FACILITIES.
Section 1431 of the National Agricultural Research, Extension,
and Teaching Policy Act Amendments of 1985 (title XIV of Public
Law 99–198; 99 Stat. 1556) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
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132 STAT. 4825
Subtitle F—Other Matters
SEC. 7601. ENHANCED USE LEASE AUTHORITY PROGRAM.
(a) TRANSITION TO PERMANENT PROGRAM.—Section 308 of the
Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended—
(1) in the section heading, by striking ‘‘PILOT’’; and
(2) in subsection (a), by striking ‘‘pilot’’.
(b)
TERMINATION
OF
AUTHORITY
EXTENDED.—Section
308(b)(6)(A) of the Federal Crop Insurance Reform and Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note)
is amended by striking ‘‘on the date that is 10 years after the
date of enactment of this section’’ and inserting ‘‘on September
30, 2023’’.
(c) REPORTS.—Section 308(d)(2) of the Federal Crop Insurance
Reform and Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 3125a note) is amended by striking ‘‘Not later than
6, 8, and 10 years after the date of enactment of this section’’
and inserting ‘‘Not later than September 30, 2021’’.
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SEC. 7602. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER PORTION OF HENRY A. WALLACE BELTSVILLE AGRICULTURAL
RESEARCH CENTER, BELTSVILLE, MARYLAND.
(a) TRANSFER AUTHORIZED.—Subject to subsection (e), the Secretary may transfer to the Secretary of the Treasury administrative
jurisdiction over a parcel of real property at the Henry A. Wallace
Beltsville Agricultural Research Center consisting of approximately
100 acres, which was originally acquired by the United States
through land acquisitions in 1910 and 1925, and is generally located
off of Poultry Road lying between Powder Mill Road and Odell
Road in Beltsville, Maryland, for the purpose of facilitating the
establishment of Bureau of Engraving and Printing facilities on
the parcel.
(b) LEGAL DESCRIPTION AND MAP.—
(1) PREPARATION.—The Secretary shall prepare a legal
description and map of the parcel of real property to be transferred under subsection (a).
(2) FORCE OF LAW.—The legal description and map prepared under paragraph (1) shall have the same force and effect
as if included in this Act, except that the Secretary may correct
errors in the legal description and map.
(c) TERMS AND CONDITIONS.—The transfer of administrative
jurisdiction under subsection (a) shall be subject to easements,
valid existing rights, and such other reservations, terms, and conditions as the Secretary considers to be necessary.
(d) WAIVER.—The parcel of real property under subsection (a)
is exempt from Federal screening for other possible use due to
an identified Federal need for the parcel as the site of Bureau
of Engraving and Printing facilities.
(e) CONDITIONS FOR TRANSFER.—As a condition of the transfer
of administrative jurisdiction under subsection (a) with respect
to the parcel described in such subsection—
(1) the Secretary of the Treasury shall agree to pay the
Secretary the costs incurred to carry out such transfer,
including the costs for—
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PUBLIC LAW 115–334—DEC. 20, 2018
(A) any environmental or administrative analysis
required by law with respect to the parcel to be so transferred;
(B) a survey of such parcel, if necessary; and
(C) any hazardous substances assessment of the parcel
to be so transferred; and
(2) except as provided in subsection (d), the Secretary shall
enter into a binding memorandum of agreement with the Secretary of the Treasury regarding the responsibilities, including
financial responsibilities, of each party for evaluating and, if
necessary, remediating or otherwise addressing hazardous substances, pollutants, or contaminants found at the parcel
described in subsection (a).
(f) HAZARDOUS MATERIALS.—Nothing in this section, or the
amendments made by this section, amends, alters, or affects the
relevant Federal and State environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.), or the application of such
laws to the parcel of real property transferred under subsection
(a).
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SEC. 7603. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.
Section 7601 of the Agricultural Act of 2014 (7 U.S.C. 5939)
is amended—
(1) in subsection (d)(1)—
(A) in subparagraph (B)—
(i) in clause (ii), by striking ‘‘conflicts;’’ and
inserting ‘‘conflicts, specifically at the Department of
Agriculture; and’’; and
(ii) by adding at the end the following new clause:
‘‘(iii) document the consultation process and
include a summary of the results in the annual report
required in subsection (f)(3)(B)’’; and
(B) in subparagraph (D), by inserting ‘‘and agriculture
stakeholders’’ after ‘‘community’’;
(2) in subsection (e)—
(A) in paragraph (2)(C)(ii)(I), by inserting ‘‘agriculture
or’’ before ‘‘agricultural research’’; and
(B) in paragraph (4)(A)—
(i) in clause (iii), by striking ‘‘and’’ at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following:
‘‘(iv) actively solicit and accept funds, gifts, grants,
devises, or bequests of real or personal property made
to the Foundation, including from private entities;
and’’;
(3) in subsection (f)—
(A) in paragraph (2)(A)(iii), by striking ‘‘any’’; and
(B) in paragraph (3)(B)—
(i) in clause (i)(I)—
(I) in the matter preceding item (aa), by
inserting ‘‘and post online’’ before ‘‘a report’’;
(II) in item (aa), by striking ‘‘accomplishments;
and’’ and inserting ‘‘accomplishments and how
those activities align to the challenges identified
in the strategic plan under clause (iv);’’;
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4827
(III) in item (bb), by striking the period at
the end and inserting ‘‘; and’’; and
(IV) by adding at the end the following:
‘‘(cc) a description of available agricultural
research programs and priorities for the
upcoming fiscal year.’’; and
(ii) by adding at the end the following:
‘‘(iii) STAKEHOLDER NOTICE.—The Foundation shall
publish an annual notice with a description of agricultural research priorities under this section for the
upcoming fiscal year, including—
‘‘(I) a schedule for funding competitions;
‘‘(II) a discussion of how applications for
funding will be evaluated; and
‘‘(III) how the Foundation will communicate
information about funded awards to the public
to ensure that grantees and partners understand
the objectives of the Foundation.
‘‘(iv) STRATEGIC PLAN.—Not later than 1 year after
the date of enactment of the Agriculture Improvement
Act of 2018, the Foundation shall submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate a strategic plan describing a path
for the Foundation to become self-sustaining,
including—
‘‘(I) a forecast of major agricultural challenge
opportunities identified by the scientific advisory
councils of the Foundation and approved by the
Board, including short- and long-term objectives;
‘‘(II) an overview of the efforts that the
Foundation will take to be transparent in each
of the processes of the Foundation, including—
‘‘(aa) processes relating to grant awards,
including the selection, review, and notification processes;
‘‘(bb) communication of past, current, and
future research priorities; and
‘‘(cc) plans to solicit and respond to public
input on the opportunities identified in the
strategic plan;
‘‘(III) a description of financial goals and
benchmarks for the next 10 years, including a
detailed plan for—
‘‘(aa) raising funds in amounts greater
than the amounts required under subsection
(g)(1)(B);
‘‘(bb) soliciting additional resources pursuant to subsections (e)(4)(A)(iv) and (f)(2)(A)(iii);
and
‘‘(cc) managing and leveraging such
resources pursuant to subsection (f)(2)(A)(vii);
and
‘‘(IV) other related issues, as determined by
the Board.’’; and
(4) in subsection (g)(1)—
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(A) in the paragraph heading, by striking ‘‘MANDATORY
and inserting ‘‘FUNDING’’;
(B) in subparagraph (A)—
(i) by striking ‘‘On the date’’ and inserting the
following:
‘‘(i) ESTABLISHMENT FUNDING.—On the date’’; and
(ii) by adding at the end the following:
‘‘(ii) ENHANCED FUNDING.—On the date on which
the strategic plan described in subsection (f)(3)(B)(iv)
is submitted, of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the
Foundation to carry out this section $185,000,000, to
remain available until expended.’’; and
(C) in subparagraph (B)—
(i) by striking ‘‘The Foundation’’ and inserting the
following:
‘‘(i) IN GENERAL.—The Foundation’’;
(ii) in clause (i) (as so designated)—
(I) by striking ‘‘purposes’’ and inserting ‘‘purposes, duties, and powers’’; and
(II) by striking ‘‘non-Federal matching funds
for each expenditure’’ and inserting ‘‘matching
funds from a non-Federal source, including an agricultural commodity promotion, research, and
information program’’; and
(iii) by adding at the end the following:
‘‘(ii) EFFECT.—Nothing in this section requires the
Foundation to require a matching contribution from
an individual grantee as a condition of receiving a
grant under this section.’’.
FUNDING’’
SEC. 7604. ASSISTANCE FOR FORESTRY RESEARCH UNDER THE
MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.
Section 2 of Public Law 87–788 (commonly known as the
‘‘McIntire-Stennis Cooperative Forestry Act’’) (16 U.S.C. 582a–1)
is amended in the second sentence—
(1) by striking ‘‘and’’ before ‘‘1890 Institutions’’; and
(2) by inserting ‘‘and 1994 Institutions (as defined in section
532 of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103–382)) that offer an
associate’s degree or a baccalaureate degree in forestry,’’ before
‘‘and (b)’’.
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SEC. 7605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH.
(a) IN GENERAL.—Section 7606 of the Agricultural Act of 2014
(7 U.S.C. 5940) is amended—
(1) by redesignating subsections (a) and (b) as subsections
(b) and (a), respectively, and moving the subsections so as
to appear in alphabetical order;
(2) in subsection (a) (as so redesignated)—
(A) by redesignating paragraph (3) as paragraph (4);
and
(B) by inserting after paragraph (2) the following:
‘‘(3) STATE.—The term ‘State’ has the meaning given such
term in section 297A of the Agricultural Marketing Act of
1946.’’;
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132 STAT. 4829
(3) in subsection (b) (as so redesignated), in the subsection
heading, by striking ‘‘IN GENERAL’’ and inserting ‘‘INDUSTRIAL
HEMP RESEARCH’’; and
(4) by adding at the end the following:
‘‘(c) STUDY AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a study
of agricultural pilot programs—
‘‘(A) to determine the economic viability of the domestic
production and sale of industrial hemp; and
‘‘(B) that shall include a review of—
‘‘(i) each agricultural pilot program; and
‘‘(ii) any other agricultural or academic research
relating to industrial hemp.
‘‘(2) REPORT.—Not later than 12 months after the date
of enactment of this subsection, the Secretary shall submit
to Congress a report describing the results of the study conducted under paragraph (1).’’.
(b) REPEAL.—Effective on the date that is 1 year after the
date on which the Secretary establishes a plan under section 297C
of the Agricultural Marketing Act of 1946, section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940) is repealed.
7 USC 5940 note.
SEC. 7606. COLLECTION OF DATA RELATING TO BARLEY AREA
PLANTED AND HARVESTED.
For all acreage reports published after the date of enactment
of this Act, the Secretary, acting through the Administrator of
the National Agricultural Statistics Service, shall include the State
of New York in the States surveyed to produce the table entitled
‘‘Barley Area Planted and Harvested’’ in those reports.
SEC. 7607. COLLECTION OF DATA RELATING TO THE SIZE AND LOCATION OF DAIRY FARMS.
(a) IN GENERAL.—Not later than 60 days after the date on
which the 2017 Census of Agriculture is released, the Secretary,
acting through the Administrator of the Economic Research Service,
shall update the report entitled ‘‘Changes in the Size and Location
of US Dairy Farms’’ contained in the report of the Economic
Research Service entitled ‘‘Profits, Costs, and the Changing Structure of Dairy Farming’’ and published in September 2007.
(b) REQUIREMENT.—In updating the report described in subsection (a), the Secretary shall, to the maximum extent practicable,
use the same unit of measurement for reporting the full range
of herd sizes in Table 1 and Table 2 of the report while maintaining
confidentiality of individual producers.
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SEC. 7608. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1632b) is amended—
(1) in subsection (d)(2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘representatives of each of the following groups’’
and inserting ‘‘a diverse group of representatives of public
and private entities, including the following:’’;
(B) in subparagraph (A), by striking ‘‘The 2’’ and
inserting ‘‘Two’’;
(C) in subparagraph (B), by inserting ‘‘or a State legislator,’’ after ‘‘agency,’’; and
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132 STAT. 4830
PUBLIC LAW 115–334—DEC. 20, 2018
(D) by amending subparagraph (C) to read as follows:
‘‘(C) Four entities representing commodities produced
in the State.’’;
(2) in subsection (e)(1), by striking ‘‘subsection (i)’’ and
inserting ‘‘subsection (g)’’; and
(3) by striking subsections (g), (h), and (i) and inserting
the following new subsection:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $15,000,000 for each
of fiscal years 2019 through 2023.’’.
SEC. 7609. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.
(a) IN GENERAL.—Section 3(d) of the Smith-Lever Act (7 U.S.C.
343(d)) is amended by adding at the end the following new sentence:
‘‘A 1994 Institution (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103–382)) may compete for and receive funds directly
from the Secretary of Agriculture for the Children, Youth, and
Families at Risk funding program and the Federally Recognized
Tribes Extension Program.’’.
(b) CONFORMING AMENDMENT.—Section 533(a)(2)(A) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103–382) is amended by striking clause (ii)
and inserting the following:
‘‘(ii) the Smith-Lever Act (7 U.S.C. 341 et seq.),
except as provided under—
‘‘(I) section 3(b)(3) of that Act (7 U.S.C.
343(b)(3)); or
‘‘(II) the third sentence of section 3(d) of that
Act (7 U.S.C. 343(d)); or’’.
7 USC 7632 note.
SEC. 7610. MECHANIZATION AND AUTOMATION FOR SPECIALTY CROPS.
(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a review of
the programs of the Department of Agriculture that affect the
production or processing of specialty crops.
(b) REQUIREMENTS.—The review under subsection (a) shall identify—
(1) programs that currently are, or previously have been,
effectively used to accelerate the development and use of automation or mechanization in the production or processing of
specialty crops; and
(2) programs that may be more effectively used to accelerate
the development and use of automation or mechanization in
the production or processing of specialty crops.
(c) STRATEGY.—With respect to programs identified under subsection (b), the Secretary shall develop and implement a strategy
to accelerate the development and use of automation and mechanization in the production or processing of specialty crops.
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SEC. 7611. EXPERIENCED SERVICES PROGRAM.
Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851)
is amended—
(1) in the section heading, by striking ‘‘AGRICULTURE CONSERVATION’’;
(2) in subsection (a)—
(A) in the first sentence—
(i) by striking ‘‘a conservation’’ and inserting ‘‘an’’;
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4831
(ii) by striking ‘‘(in this section referred to as the
‘ACES Program’)’’ and inserting ‘‘(referred to in this
section as the ‘program’)’’; and
(iii) by striking ‘‘provide technical’’ and inserting
the following: ‘‘provide—
‘‘(1) technical’’; and
(B) in paragraph (1) (as so designated)—
(i) by striking ‘‘Secretary. Such technical services
may include’’ and inserting ‘‘Secretary, including’’;
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(2) technical, professional, and administrative services to
support the research, education, and economics mission area
of the Department of Agriculture (including the Agricultural
Research Service, the Economic Research Service, the National
Agricultural Library, the National Agricultural Statistics
Service, the Office of the Chief Scientist, and the National
Institute of Food and Agriculture), including—
‘‘(A) supporting agricultural research and information;
‘‘(B) advancing scientific knowledge relating to agriculture;
‘‘(C) enhancing access to agricultural information;
‘‘(D) providing statistical information and research
results to farmers, ranchers, agribusiness, and public officials; and
‘‘(E) assisting research, education, and extension programs in land-grant colleges and universities (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)).’’;
(3) by striking ‘‘ACES’’ each place it appears;
(4) by striking ‘‘technical services’’ each place it appears
(other than in subsection (a)) and inserting ‘‘technical, professional, or administrative services, as applicable,’’; and
(5) in subsection (c)—
(A) in paragraph (1)—
(i) by striking the paragraph heading and inserting
‘‘CONSERVATION TECHNICAL SERVICES.—’’; and
(ii) by inserting ‘‘with respect to subsection (a)(1),’’
before ‘‘the Secretary’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) RESEARCH, EDUCATION, AND ECONOMICS SERVICES.—
With respect to services referred to in subsection (a)(2), the
Secretary may carry out the program under the mission area
referred to in such subsection to the extent that funds are
specifically appropriated to provide such services under such
mission area.’’.
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SEC. 7612. SIMPLIFIED PLAN OF WORK.
(a) SMITH-LEVER ACT.—The Smith-Lever Act is amended—
(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking
subparagraph (D); and
(2) in section 4(c) (7 U.S.C. 344(c)), by striking paragraphs
(1) through (5) and inserting the following new paragraphs:
‘‘(1) A summary of planned projects or programs in the
State using formula funds.
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(2) A description of the manner in which the State will
meet the requirements of section 3(h).
‘‘(3) A description of the manner in which the State will
meet the requirements of section 3(i)(2) of the Hatch Act of
1887 (7 U.S.C. 361c(i)(2)).
‘‘(4) A description of matching funds provided by the State
with respect to the previous fiscal year.’’.
(b) HATCH ACT.—The Hatch Act of 1887 is amended—
(1) in section 3 (7 U.S.C. 361c)—
(A) by amending subsection (h) to read as follows:
‘‘(h) PEER REVIEW.—Research carried out under subsection (c)(3)
shall be subject to scientific peer review. The review of a project
conducted under this subsection shall be considered to satisfy the
merit review requirements of section 103(e) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7613(e)).’’; and
(B) in subsection (i)(2), by striking subparagraph (D);
and
(2) in section 7(e) (7 U.S.C. 361g(e)), by striking paragraphs
(1) through (4) and inserting the following new paragraphs:
‘‘(1) A summary of planned projects or programs in the
State using formula funds.
‘‘(2) A description of the manner in which the State will
meet the requirements of subsections (c)(3) and (i)(2) of section
3.
‘‘(3) A description of matching funds provided by the State
with respect to the previous fiscal year.’’.
(c) EXTENSION AND RESEARCH AT 1890 INSTITUTIONS.—
(1) EXTENSION.—Section 1444(d)(3) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3221(d)(3)) is amended by striking subparagraphs
(A) through (E) and inserting the following new subparagraphs:
‘‘(A) A summary of planned projects or programs in
the State using formula funds.
‘‘(B) A description of matching funds provided by the
State with respect to the previous fiscal year.’’.
(2) RESEARCH.—Section 1445(c)(3) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3222(c)(3)) is amended by striking subparagraphs
(A) through (E) and inserting the following new subparagraphs:
‘‘(A) A summary of planned projects or programs in
the State using formula funds.
‘‘(B) A description of matching funds provided by the
State with respect to the previous fiscal year.’’.
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7 USC 343 note.
SEC. 7613. REVIEW OF LAND-GRANT TIME AND EFFORT REPORTING
REQUIREMENTS.
(a) IN GENERAL.—The Secretary, in consultation with the Office
of Management and Budget, shall review and revise current
reporting requirements related to compensation charges, documentation of personnel expenses, and other requirements that are
commonly referred to as time and effort reporting for entities that
receive funds under a program referred to in clause (iii), (iv), (vii),
(viii), or (xii) of section 251(f)(1)(C) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)).
(b) REVISIONS.—The Secretary shall ensure that any revision
made pursuant to subsection (a)—
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132 STAT. 4833
(1) is developed in collaboration with entities described
in subsection (a); and
(2) reduces the amount of paperwork and time required
by the requirements referred to in such subsection, as such
requirements are in effect on the date of the enactment of
this Act.
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SEC. 7614. MATCHING FUNDS REQUIREMENT.
(a) REPEAL.—Subtitle P of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) is
repealed.
(b) CONFORMING AMENDMENTS.—
(1) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
TEACHING POLICY ACT OF 1977.—
(A) GRANTS TO ENHANCE RESEARCH CAPACITY IN
SCHOOLS OF VETERINARY MEDICINE.—Section 1415(a) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3151(a)) is amended—
(i) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(ii) by adding at the end the following:
‘‘(2) MATCHING REQUIREMENT.—A State receiving a grant
under paragraph (1) shall provide State matching funds equal
to not less than the amount of the grant.’’.
(B) AQUACULTURE ASSISTANCE GRANT PROGRAM.—Section 1475(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b))
is amended by striking ‘‘The Secretary’’ and all that follows
through the period at the end and inserting the following:
‘‘(1) IN GENERAL.—Subject to paragraph (3), the Secretary
may make competitive grants to entities eligible for grants
under paragraph (2) for research and extension to facilitate
or expand promising advances in the production and marketing
of aquacultural food species and products and to enhance the
safety and wholesomeness of those species and products,
including the development of reliable supplies of seed stock
and therapeutic compounds.
‘‘(2) ELIGIBLE ENTITIES.—The Secretary may make a
competitive grant under paragraph (1) to—
‘‘(A) a land-grant or seagrant college or university;
‘‘(B) a State agricultural experiment station;
‘‘(C) a college, university, or Federal laboratory having
a demonstrable capacity to conduct aquacultural research,
as determined by the Secretary; or
‘‘(D) a nonprofit private research institution.
‘‘(3) MATCHING STATE GRANTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall not make a grant under paragraph
(1) unless the State in which the grant recipient is located
makes a grant to that recipient in an amount equal to
not less than the amount of the grant under paragraph
(1) (of which State amount an in-kind contribution shall
not exceed 50 percent).
‘‘(B) FEDERAL LABORATORIES.—Subparagraph (A) shall
not apply to a grant to a Federal laboratory.’’.
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132 STAT. 4834
PUBLIC LAW 115–334—DEC. 20, 2018
(C) RANGELAND RESEARCH.—Section 1480 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3333) is amended—
(i) by striking ‘‘The Secretary’’ and inserting ‘‘(a)
IN GENERAL.—The Secretary’’; and
(ii) by adding at the end the following new subsection:
‘‘(b) MATCHING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
this grant program shall be based on a matching formula
of 50 percent Federal and 50 percent non-Federal funding
(including funding from an agricultural commodity promotion,
research, and information program).
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to a grant
to a Federal laboratory or a grant under subsection (a)(2).’’.
(2) FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT
OF 1990.—
(A) FEDERAL-STATE MATCHING GRANT PROGRAM.—Section 1623(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by
striking the second sentence.
(B) AGRICULTURAL GENOME INITIATIVE.—Section 1671
of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) (as amended by section 7208) is
amended—
(i) by redesignating subsection (f) as subsection
(g); and
(ii) by inserting after subsection (e) the following:
‘‘(f) MATCHING FUNDS REQUIREMENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), with respect
to a grant or cooperative agreement under this section that
provides a particular benefit to a specific agricultural commodity, the recipient of funds under the grant or cooperative
agreement shall provide non-Federal matching funds (including
funds from an agricultural commodity promotion, research, and
information program) equal to not less than the amount provided under the grant or cooperative agreement.
‘‘(2) IN-KIND SUPPORT.—Non-Federal matching funds
described in paragraph (1) may include in-kind support.
‘‘(3) WAIVER.—The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that—
‘‘(A) the results of the project are of a particular benefit
to a specific agricultural commodity, but those results are
likely to be applicable to agricultural commodities generally; or
‘‘(B)(i) the project—
‘‘(I) involves a minor commodity; and
‘‘(II) deals with scientifically important research;
and
‘‘(ii) the recipient is unable to satisfy the matching
funds requirement.’’.
(C) HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.—Section 1672(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(a)) is amended—
(i) by striking ‘‘The Secretary of Agriculture’’ and
inserting the following:
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4835
‘‘(1) IN GENERAL.—The Secretary of Agriculture’’;
(ii) in paragraph (1) (as so designated), in the
second sentence, by striking ‘‘The Secretary shall’’ and
inserting the following:
‘‘(3) CONSULTATION.—The Secretary shall’’; and
(iii) by inserting after paragraph (1) the following:
‘‘(2) MATCHING FUNDS REQUIREMENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), an
entity receiving a grant under paragraph (1) shall provide
non-Federal matching funds (including funds from an agricultural commodity promotion, research, and information
program) equal to not less than the amount of the grant.
‘‘(B) IN-KIND SUPPORT.—Non-Federal matching funds
described in subparagraph (A) may include in-kind support.
‘‘(C) WAIVER.—The Secretary may waive the matching
funds requirement under subparagraph (A) with respect
to a research project if the Secretary determines that—
‘‘(i) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
‘‘(ii)(I) the project—
‘‘(aa) involves a minor commodity; and
‘‘(bb) deals with scientifically important
research; and
‘‘(II) the recipient is unable to satisfy the matching
funds requirement.’’.
(D) ORGANIC AGRICULTURE RESEARCH AND EXTENSION
INITIATIVE.—Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as
amended by section 7210) is amended—
(i) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively; and
(ii) by inserting after subsection (b) the following:
‘‘(c) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), an entity
receiving a grant under subsection (a) shall provide non-Federal
matching funds (including funds from an agricultural commodity promotion, research, and information program) equal
to not less than the amount of the grant.
‘‘(2) IN-KIND SUPPORT.—Non-Federal matching funds
described in paragraph (1) may include in-kind support.
‘‘(3) WAIVER.—The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that—
‘‘(A) the results of the project are of a particular benefit
to a specific agricultural commodity, but those results are
likely to be applicable to agricultural commodities generally; or
‘‘(B)(i) the project—
‘‘(I) involves a minor commodity; and
‘‘(II) deals with scientifically important research;
and
‘‘(ii) the recipient is unable to satisfy the matching
funds requirement.’’.
(3) AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
REFORM ACT OF 1998.—
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(A) INTEGRATED RESEARCH, EDUCATION, AND EXTENSION
COMPETITIVE GRANTS PROGRAM.—Section 406 of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7626) is amended—
(i) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(ii) by inserting after subsection (c) the following:
‘‘(d) MATCHING FUNDS REQUIREMENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), with respect
to a grant under this section that provides a particular benefit
to a specific agricultural commodity, the recipient of the grant
shall provide non-Federal matching funds (including funds from
an agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
‘‘(2) IN-KIND SUPPORT.—Non-Federal matching funds
described in paragraph (1) may include in-kind support.
‘‘(3) WAIVER.—The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a grant if
the Secretary determines that—
‘‘(A) the results of the grant are of a particular benefit
to a specific agricultural commodity, but those results are
likely to be applicable to agricultural commodities generally; or
‘‘(B)(i) the grant—
‘‘(I) involves a minor commodity; and
‘‘(II) deals with scientifically important research;
and
‘‘(ii) the recipient is unable to satisfy the matching
funds requirement.’’.
(B) SPECIALTY CROP RESEARCH INITIATIVE.—Section
412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)) is amended—
(i) by redesignating paragraph (3) as paragraph
(4); and
(ii) by inserting after paragraph (2) the following:
‘‘(3) MATCHING REQUIREMENT.—
‘‘(A) IN GENERAL.—An entity receiving a grant under
this section shall provide non-Federal matching funds
(including funds from an agricultural commodity promotion, research, and information program) equal to not
less than the amount of the grant.
‘‘(B) IN-KIND SUPPORT.—Non-Federal matching funds
described in subparagraph (A) may include in-kind support.’’.
(4) OTHER LAWS.—
(A) SUN GRANT PROGRAM.—Section 7526(c)(1)(C)(iv) of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8114(c)(1)(C)(iv)) is amended by striking subclause (IV).
(B) AGRICULTURE AND FOOD RESEARCH INITIATIVE.—
Subsection (b)(9) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157(b)(9)) is amended—
(i) in subparagraph (A), by striking clause (iii);
(ii) in subparagraph (B)—
(I) in clause (i), by striking ‘‘clauses (ii) and
(iii),’’ and inserting ‘‘clause (ii),’’; and
(II) by striking clause (iii); and
(iii) by adding at the end the following:
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132 STAT. 4837
‘‘(C) APPLIED RESEARCH.—An entity receiving a grant
under paragraph (5)(B) for applied research that is commodity-specific and not of national scope shall provide nonFederal matching funds equal to not less than the amount
of the grant.’’.
(c) APPLICATION OF AMENDMENTS.—
(1) AWARDS MADE AFTER DATE OF ENACTMENT.—The amendments made by subsections (a) and (b) shall apply with respect
to grants, cooperative agreements, or other awards described
in subsection (b) that are made after the date of the enactment
of this Act.
(2) AWARDS MADE ON OR BEFORE DATE OF ENACTMENT.—
Notwithstanding the amendments made by subsections (a) and
(b), a matching funds requirement in effect on the day before
the date of enactment of this Act under a provision of law
amended by subsection (a) or (b) shall continue to apply to
a grant, cooperative agreement, or other award described in
subsection (b) that is made on or before the date of the enactment of this Act.
7 USC 3151 note.
TITLE VIII—FORESTRY
Subtitle A—Cooperative Forestry
Assistance Act of 1978
SEC. 8101. SUPPORT FOR STATE ASSESSMENTS AND STRATEGIES FOR
FOREST RESOURCES.
Section 2A(f)(1) of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2101a(f)(1)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
SEC. 8102. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.
(a) IN GENERAL.—Section 13A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as
follows:
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‘‘SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.
‘‘(a) PURPOSE.—The purpose of this section is to encourage
collaborative, science-based restoration of priority forest landscapes.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
‘‘(2) NONINDUSTRIAL PRIVATE FOREST LAND.—The term ‘nonindustrial private forest land’ means land that—
‘‘(A) is rural, as determined by the Secretary;
‘‘(B) has existing tree cover or is suitable for growing
trees; and
‘‘(C) is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity.
‘‘(3) STATE FOREST LAND.—The term ‘State forest land’
means land that—
‘‘(A) is rural, as determined by the Secretary; and
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(B) is under State or local governmental ownership
and considered to be non-Federal forest land.
‘‘(c) ESTABLISHMENT.—The Secretary, in consultation with State
foresters or appropriate State agencies, shall establish a competitive
grant program to provide financial and technical assistance to
encourage collaborative, science-based restoration of priority forest
landscapes.
‘‘(d) ELIGIBILITY.—To be eligible to receive a grant under this
section, an applicant shall submit to the Secretary, through the
State forester or appropriate State agency, a State and private
forest landscape-scale restoration proposal based on a restoration
strategy that—
‘‘(1) is complete or substantially complete;
‘‘(2) is for a multiyear period;
‘‘(3) covers nonindustrial private forest land or State forest
land;
‘‘(4) is accessible by wood-processing infrastructure; and
‘‘(5) is based on the best available science.
‘‘(e) PLAN CRITERIA.—A State and private forest landscapescale restoration proposal submitted under this section shall include
plans—
‘‘(1) to reduce the risk of uncharacteristic wildfires;
‘‘(2) to improve fish and wildlife habitats, including the
habitats of threatened and endangered species;
‘‘(3) to maintain or improve water quality and watershed
function;
‘‘(4) to mitigate invasive species, insect infestation, and
disease;
‘‘(5) to improve important forest ecosystems;
‘‘(6) to measure ecological and economic benefits, including
air quality and soil quality and productivity; and
‘‘(7) to take other relevant actions, as determined by the
Secretary.
‘‘(f) PRIORITIES.—In making grants under this section, the Secretary shall give priority to plans that—
‘‘(1) further a statewide forest assessment and resource
strategy;
‘‘(2) promote cross boundary landscape collaboration; and
‘‘(3) leverage public and private resources.
‘‘(g) COLLABORATION AND CONSULTATION.—The Chief of the
Forest Service, the Chief of the Natural Resources Conservation
Service, and relevant stakeholders shall collaborate and consult
on an ongoing basis regarding—
‘‘(1) administration of the program established under this
section; and
‘‘(2) identification of other applicable resources for landscape-scale restoration.
‘‘(h) MATCHING FUNDS REQUIRED.—As a condition of receiving
a grant under this section, the Secretary shall require the recipient
of the grant to provide funds or in-kind support from non-Federal
sources in an amount that is at least equal to the amount of
Federal funds.
‘‘(i) COORDINATION AND PROXIMITY ENCOURAGED.—In making
grants under this section, the Secretary may consider coordination
with and proximity to other landscape-scale projects on other land
under the jurisdiction of the Secretary, the Secretary of the Interior,
or a Governor of a State, including under—
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132 STAT. 4839
‘‘(1) the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303);
‘‘(2) landscape areas designated for insect and disease treatments under section 602 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591a);
‘‘(3) good neighbor authority under section 19;
‘‘(4) stewardship end result contracting projects authorized
under section 604 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c);
‘‘(5) appropriate State-level programs; and
‘‘(6) other relevant programs, as determined by the Secretary.
‘‘(j) REGULATIONS.—The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this
section.
‘‘(k) REPORT.—Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
on—
‘‘(1) the status of development, execution, and administration of selected projects;
‘‘(2) the accounting of program funding expenditures; and
‘‘(3) specific accomplishments that have resulted from landscape-scale projects.
‘‘(l) FUND.—
‘‘(1) IN GENERAL.—There is established in the Treasury
a fund, to be known as the ‘State and Private Forest LandscapeScale Restoration Fund’ (referred to in this subsection as the
‘Fund’), to be used by the Secretary to make grants under
this section.
‘‘(2) CONTENTS.—The Fund shall consist of such amounts
as are appropriated to the Fund under paragraph (3).
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $20,000,000 for each fiscal
year beginning with the first full fiscal year after the date
of enactment of this subsection through fiscal year 2023, to
remain available until expended.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 13B of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by
striking ‘‘sections 13A and 13B’’ and inserting ‘‘section 13A’’.
Subtitle B—Forest and Rangeland
Renewable Resources Research Act of 1978
SEC. 8201. REPEAL OF RECYCLING RESEARCH.
Section 9 of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1648) is repealed.
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SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM.
Section 10 of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1649) is repealed.
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PUBLIC LAW 115–334—DEC. 20, 2018
Subtitle C—Global Climate Change
Prevention Act of 1990
SEC. 8301. REPEALS RELATING TO BIOMASS.
(a) BIOMASS ENERGY DEMONSTRATION PROJECTS.—Section 2410
of the Global Climate Change Prevention Act of 1990 (7 U.S.C.
6708) is repealed.
(b) INTERAGENCY COOPERATION TO MAXIMIZE BIOMASS
GROWTH.—Section 2411 of the Global Climate Change Prevention
Act of 1990 (7 U.S.C. 6709) is amended in the matter preceding
paragraph (1) by striking ‘‘to—’’ and all that follows through ‘‘such
forests and lands’’ in paragraph (2) and inserting ‘‘to develop a
program to manage forests and land on Department of Defense
military installations’’.
Subtitle D—Healthy Forests Restoration
Act of 2003
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SEC. 8401. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6513) is amended by adding at the end the following:
‘‘(e)
CROSS-BOUNDARY
HAZARDOUS
FUEL
REDUCTION
PROJECTS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) HAZARDOUS FUEL REDUCTION PROJECT.—The term
‘hazardous fuel reduction project’ means a hazardous fuel
reduction project described in paragraph (2).
‘‘(B) NON-FEDERAL LAND.—The term ‘non-Federal land’
includes—
‘‘(i) State land;
‘‘(ii) county land;
‘‘(iii) Tribal land;
‘‘(iv) private land; and
‘‘(v) other non-Federal land.
‘‘(2) GRANTS.—The Secretary may make grants to State
foresters to support hazardous fuel reduction projects that
incorporate treatments in landscapes across ownership boundaries on Federal and non-Federal land, particularly in areas
identified as priorities in applicable State-wide forest resource
assessments or strategies under section 2A(a) of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the State forester and the Regional Forester.
‘‘(3) LAND TREATMENTS.—To conduct and fund treatments
for hazardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may
use the authorities of the Secretary relating to cooperation
and technical and financial assistance, including the good
neighbor authority under—
‘‘(A) section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a); and
‘‘(B) section 331 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (16 U.S.C.
1011 note; Public Law 106–291).
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‘‘(4) COOPERATION.—In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal
land, the State forester, in consultation with the Secretary—
‘‘(A) shall consult with any applicable owners of the
non-Federal land; and
‘‘(B) shall not implement the hazardous fuel reduction
project on non-Federal land without the consent of the
owner of the non-Federal land.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $20,000,000
for each of fiscal years 2019 through 2023.’’.
SEC. 8402. AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS
FUEL REDUCTION ON FEDERAL LAND.
Section 108 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6518) is amended by striking ‘‘$760,000,000 for each
fiscal year’’ and inserting ‘‘$660,000,000 for each of fiscal years
2019 through 2023’’.
SEC. 8403. REPEAL OF BIOMASS COMMERCIAL UTILIZATION GRANT
PROGRAM.
(a) IN GENERAL.—Section 203 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6531) is repealed.
(b) CONFORMING AMENDMENT.—The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108–148) is amended by striking the item relating
to section 203.
SEC. 8404. WATER SOURCE PROTECTION PROGRAM.
(a) IN GENERAL.—Title III of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6541 et seq.) is amended by adding at
the end the following:
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‘‘SEC. 303. WATER SOURCE PROTECTION PROGRAM.
16 USC 6542.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) END WATER USER.—The term ‘end water user’ means
a non-Federal entity, including—
‘‘(A) a State;
‘‘(B) a political subdivision of a State;
‘‘(C) an Indian tribe;
‘‘(D) a utility;
‘‘(E) a municipal water system;
‘‘(F) an irrigation district;
‘‘(G) a nonprofit organization; and
‘‘(H) a corporation.
‘‘(2) FOREST MANAGEMENT ACTIVITY.—The term ‘forest
management activity’ means a project carried out by the Secretary on National Forest System land.
‘‘(3) FOREST PLAN.—The term ‘forest plan’ means a land
management plan prepared by the Forest Service for a unit
of the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604).
‘‘(4) NON-FEDERAL PARTNER.—The term ‘non-Federal
partner’ means an end water user with whom the Secretary
has entered into a partnership agreement under subsection
(c)(1).
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(5) PROGRAM.—The term ‘Program’ means the Water
Source Protection Program established under subsection (b).
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
‘‘(7) WATER SOURCE MANAGEMENT PLAN.—The term ‘water
source management plan’ means the water source management
plan developed under subsection (d)(1).
‘‘(b) ESTABLISHMENT.—The Secretary shall establish and maintain a program, to be known as the ‘Water Source Protection Program’, to carry out watershed protection and restoration projects
on National Forest System land.
‘‘(c) WATER SOURCE INVESTMENT PARTNERSHIPS.—
‘‘(1) IN GENERAL.—In carrying out the Program, the Secretary may enter into water source investment partnership
agreements with end water users to protect and restore the
condition of National Forest watersheds that provide water
to the end water users.
‘‘(2) FORM.—A partnership agreement described in paragraph (1) may take the form of—
‘‘(A) a memorandum of understanding;
‘‘(B) a cost-share or collection agreement;
‘‘(C) a long-term funding matching commitment; or
‘‘(D) another appropriate instrument, as determined
by the Secretary.
‘‘(d) WATER SOURCE MANAGEMENT PLAN.—
‘‘(1) IN GENERAL.—In carrying out the Program, the Secretary, in cooperation with the non-Federal partners and
applicable State, local, and Tribal governments, may develop
a water source management plan that describes the proposed
implementation of watershed protection and restoration projects
under the Program.
‘‘(2) REQUIREMENT.—A water source management plan
shall be conducted in a manner consistent with the forest
plan applicable to the National Forest System land on which
the watershed protection and restoration project is carried out.
‘‘(3) ENVIRONMENTAL ANALYSIS.—The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)—
‘‘(A) for each watershed protection and restoration
project included in the water source management plan;
or
‘‘(B) as part of the development of, or after the finalization of, the water source management plan.
‘‘(e) FOREST MANAGEMENT ACTIVITIES.—
‘‘(1) IN GENERAL.—To the extent that forest management
activities are necessary to protect, maintain, or enhance water
quality, and in accordance with paragraph (2), the Secretary
shall carry out forest management activities as part of watershed protection and restoration projects carried out on National
Forest System land, with the primary purpose of—
‘‘(A) protecting a municipal water supply system;
‘‘(B) restoring forest health from insect infestations
and disease; or
‘‘(C) any combination of the purposes described in subparagraphs (A) and (B).
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‘‘(2) COMPLIANCE.—The Secretary shall carry out forest
management activities under paragraph (1) in accordance
with—
‘‘(A) this Act;
‘‘(B) the applicable water source management plan;
‘‘(C) the applicable forest plan; and
‘‘(D) other applicable laws.
‘‘(f) ENDANGERED SPECIES ACT OF 1973.—In carrying out the
Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated
guidance, to comply with the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
‘‘(g) FUNDS AND SERVICES.—
‘‘(1) IN GENERAL.—In carrying out the Program, the Secretary may accept and use funding, services, and other forms
of investment and assistance from non-Federal partners to
implement the water source management plan.
‘‘(2) MATCHING FUNDS REQUIRED.—The Secretary shall
require the contribution of funds or in-kind support from nonFederal partners to be in an amount that is at least equal
to the amount of Federal funds.
‘‘(3) MANNER OF USE.—The Secretary may accept and use
investments described in paragraph (1) directly or indirectly
through the National Forest Foundation.
‘‘(4) WATER SOURCE PROTECTION FUND.—
‘‘(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary may establish a Water Source
Protection Fund to match funds or in-kind support contributed by non-Federal partners under paragraph (1).
‘‘(B) USE OF APPROPRIATED FUNDS.—There is authorized to be appropriated to carry out this section $10,000,000
for each of fiscal years 2019 through 2023.
‘‘(C) PARTNERSHIP AGREEMENTS.—The Secretary may
make multiyear commitments, if necessary, to implement
1 or more partnership agreements under subsection (c).’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108–148) is amended by striking the item relating
to section 303 and inserting the following:
‘‘Sec. 303. Water Source Protection Program.’’.
SEC. 8405. WATERSHED CONDITION FRAMEWORK.
(a) IN GENERAL.—Title III of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a))
is amended by adding at the end the following:
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‘‘SEC. 304. WATERSHED CONDITION FRAMEWORK.
16 USC 6543.
‘‘(a) IN GENERAL.—The Secretary of Agriculture, acting through
the Chief of the Forest Service (referred to in this section as
the ‘Secretary’), may establish and maintain a Watershed Condition
Framework for National Forest System land—
‘‘(1) to evaluate and classify the condition of watersheds,
taking into consideration—
‘‘(A) water quality and quantity;
‘‘(B) aquatic habitat and biota;
‘‘(C) riparian and wetland vegetation;
‘‘(D) the presence of roads and trails;
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132 STAT. 4844
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(E) soil type and condition;
‘‘(F) groundwater-dependent ecosystems;
‘‘(G) relevant terrestrial indicators, such as fire regime,
risk of catastrophic fire, forest and rangeland vegetation,
invasive species, and insects and disease; and
‘‘(H) other significant factors, as determined by the
Secretary;
‘‘(2) to identify for protection and restoration up to 5 priority
watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration
the impact of the condition of the watershed condition on—
‘‘(A) wildfire behavior;
‘‘(B) flood risk;
‘‘(C) fish and wildlife;
‘‘(D) drinking water supplies;
‘‘(E) irrigation water supplies;
‘‘(F) forest-dependent communities; and
‘‘(G) other significant impacts, as determined by the
Secretary;
‘‘(3) to develop a watershed protection and restoration
action plan for each priority watershed that—
‘‘(A) takes into account existing restoration activities
being implemented in the watershed; and
‘‘(B) includes, at a minimum—
‘‘(i) the major stressors responsible for the impaired
condition of the watershed;
‘‘(ii) a set of essential projects that, once completed,
will address the identified stressors and improve watershed conditions;
‘‘(iii) a proposed implementation schedule;
‘‘(iv) potential partners and funding sources; and
‘‘(v) a monitoring and evaluation program;
‘‘(4) to prioritize protection and restoration activities for
each watershed restoration action plan;
‘‘(5) to implement each watershed protection and restoration action plan; and
‘‘(6) to monitor the effectiveness of protection and restoration actions and indicators of watershed health.
‘‘(b) COORDINATION.—In carrying out subsection (a), the Secretary shall—
‘‘(1) coordinate with interested non-Federal landowners and
State, Tribal, and local governments within the relevant watershed; and
‘‘(2) provide for an active and ongoing public engagement
process.
‘‘(c) EMERGENCY DESIGNATION.—Notwithstanding paragraph (2)
of subsection (a), the Secretary may identify a watershed as a
priority for rehabilitation in the Watershed Condition Framework
without using the process described in that subsection if a Forest
Supervisor determines that—
‘‘(1) a wildfire has significantly diminished the condition
of the watershed; and
‘‘(2) the emergency stabilization activities of the Burned
Area Emergency Response Team are insufficient to return the
watershed to proper function.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
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132 STAT. 4845
Public Law 108–148) (as amended by section 8404(b)) is amended
by inserting after the item relating to section 303 the following:
‘‘Sec. 304. Watershed Condition Framework.’’.
SEC. 8406. AUTHORIZATION OF APPROPRIATIONS TO COMBAT INSECT
INFESTATIONS AND RELATED DISEASES.
(a) IN GENERAL.—Section 406 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6556) is amended to read as follows:
‘‘SEC. 406. TERMINATION OF EFFECTIVENESS.
‘‘The authority provided by this title terminates effective
October 1, 2023.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108–148) is amended by striking the item relating
to section 406 and inserting the following:
‘‘Sec. 406. Termination of effectiveness.’’.
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SEC. 8407. HEALTHY FORESTS RESTORATION ACT OF 2003 AMENDMENTS.
(a) HEALTHY FORESTS RESERVE PROGRAM.—
(1) ADDITIONAL PURPOSE OF PROGRAM.—Section 501(a) of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a))
is amended—
(A) by striking ‘‘and’’ at the end of paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) to conserve forest land that provides habitat for species
described in section 502(b); and’’.
(2) ELIGIBILITY FOR ENROLLMENT.—Subsection (b) of section
502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572) is amended to read as follows:
‘‘(b) ELIGIBILITY.—To be eligible for enrollment in the healthy
forests reserve program, land shall be private forest land, or private
land being restored to forest land, the enrollment of which will
maintain, restore, enhance, or otherwise measurably—
‘‘(1) increase the likelihood of recovery of a species that
is listed as endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533); or
‘‘(2) improve the well-being of a species that—
‘‘(A) is—
‘‘(i) not listed as endangered or threatened under
such section; and
‘‘(ii) a candidate for such listing, a State-listed
species, or a special concern species; or
‘‘(B) is deemed a species of greatest conservation need
by a State wildlife action plan.’’.
(3) OTHER ENROLLMENT CONSIDERATIONS.—Section 502(c)
of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572(c)) is amended—
(A) by striking ‘‘and’’ at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following new
paragraph:
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132 STAT. 4846
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(2) conserve forest land that provides habitat for species
described in subsection (b); and’’.
(4) ELIMINATION OF LIMITATION ON USE OF EASEMENTS.—
Section 502(e) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6572(e)) is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(5) ENROLLMENT OF ACREAGE OWNED BY AN INDIAN TRIBE.—
Paragraph (2) of section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) (as redesignated by paragraph (4)) is amended, in subparagraph (B), by striking clauses
(ii) and (iii) and inserting the following new clauses:
‘‘(ii) a 10-year cost-share agreement;
‘‘(iii) a permanent easement; or
‘‘(iv) any combination of the options described in
clauses (i) through (iii).’’.
(6) ENROLLMENT PRIORITY.—Section 502(f)(1)(B) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572(f)(1)(B)) is amended by striking clause (ii) and inserting
the following:
‘‘(ii)(I) are candidates for such listing, State-listed
species, or special concern species; or
‘‘(II) are deemed a species of greatest conservation
need under a State wildlife action plan.’’.
(7) RESTORATION PLANS.—Subsection (b) of section 503 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573)
is amended to read as follows:
‘‘(b) PRACTICES.—The restoration plan shall require such restoration practices and measures as are necessary to restore and
enhance habitat for species described in section 502(b), including
the following:
‘‘(1) Land management practices.
‘‘(2) Vegetative treatments.
‘‘(3) Structural practices and measures.
‘‘(4) Practices to increase carbon sequestration.
‘‘(5) Practices to improve biological diversity.
‘‘(6) Other practices and measures.’’.
(8) FUNDING.—Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended—
(A) in the subsection heading, by striking ‘‘FISCAL
YEARS 2014 THROUGH 2018’’ and inserting ‘‘AUTHORIZATION
OF APPROPRIATIONS’’; and
(B) by striking ‘‘2018’’ and inserting ‘‘2023’’.
(9) TECHNICAL CORRECTION.—Section 503(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended
by striking ‘‘Secretary of Interior’’ and inserting ‘‘Secretary
of the Interior’’.
(b) INSECT AND DISEASE INFESTATION.—
(1) TREATMENT OF AREAS.—Section 602(d)(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is
amended by striking ‘‘subsection (b) to reduce the risk or extent
of, or increase the resilience to, insect or disease infestation
in the areas.’’ and inserting the following: ‘‘subsection (b)—
‘‘(A) to reduce the risk or extent of, or increase the
resilience to, insect or disease infestation; or
‘‘(B) to reduce hazardous fuels.’’.
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132 STAT. 4847
(2) EXTENSION OF AUTHORITY.—Section 602(d)(2) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2))
is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION
OF TREATMENT AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591a) is amended by striking subsection (f).
Subtitle E—Repeal or Reauthorization of
Miscellaneous Forestry Programs
SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST
INVENTORY AND ANALYSIS.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642
note; Public Law 113–79) is repealed.
SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER.
Section 1243(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101–624)
is amended by striking ‘‘annually’’ and inserting ‘‘for each of fiscal
years 2019 through 2023’’.
SEC. 8503. NATIONAL FOREST FOUNDATION ACT.
(a) MATCHING FUNDS.—Section 405(b) of the National Forest
Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking ‘‘2018’’
and inserting ‘‘2023’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 410(b) of the
National Forest Foundation Act (16 U.S.C. 583j–8(b)) is amended
by striking ‘‘2018’’ and inserting ‘‘2023’’.
SEC. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.
Section 503(f) of the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–
54) is amended by striking ‘‘2016’’ and inserting ‘‘2023’’.
Subtitle F—Forest Management
SEC. 8601. DEFINITION OF NATIONAL FOREST SYSTEM.
In this subtitle, the term ‘‘National Forest System’’ has the
meaning given the term in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
16 USC 580d
note.
PART I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL
EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
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SEC. 8611. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE
AND MULE DEER HABITAT.
(a) IN GENERAL.—Title VI of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591 et seq.) is amended by adding at
the end the following:
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16 USC 6591e.
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE
AND MULE DEER HABITAT.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVERED VEGETATION MANAGEMENT ACTIVITY.—
‘‘(A) IN GENERAL.—The term ‘covered vegetation
management activity’ means any activity described in
subparagraph (B) that—
‘‘(i)(I) is carried out on National Forest System
land administered by the Forest Service; or
‘‘(II) is carried out on public land administered
by the Bureau of Land Management;
‘‘(ii) with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015;
‘‘(iii) conforms to an applicable forest plan or land
use plan;
‘‘(iv) protects, restores, or improves greater sagegrouse or mule deer habitat in a sagebrush steppe
ecosystem as described in—
‘‘(I) Circular 1416 of the United States
Geological Survey entitled ‘Restoration Handbook
for Sagebrush Steppe Ecosystems with Emphasis
on Greater Sage-Grouse Habitat—Part 1. Concepts
for Understanding and Applying Restoration’
(2015); or
‘‘(II) the habitat guidelines for mule deer published by the Mule Deer Working Group of the
Western Association of Fish and Wildlife Agencies;
‘‘(v) will not permanently impair—
‘‘(I) the natural state of the treated area;
‘‘(II) outstanding opportunities for solitude;
‘‘(III) outstanding opportunities for primitive,
unconfined recreation;
‘‘(IV) economic opportunities consistent with
multiple-use management; or
‘‘(V) the identified values of a unit of the
National Landscape Conservation System;
‘‘(vi)(I) restores native vegetation following a natural disturbance;
‘‘(II) prevents the expansion into greater sagegrouse or mule deer habitat of—
‘‘(aa) juniper, pinyon pine, or other associated
conifers; or
‘‘(bb) nonnative or invasive vegetation;
‘‘(III) reduces the risk of loss of greater sage-grouse
or mule deer habitat from wildfire or any other natural
disturbance; or
‘‘(IV) provides emergency stabilization of soil
resources after a natural disturbance; and
‘‘(vii) provides for the conduct of restoration treatments that—
‘‘(I) maximize the retention of old-growth and
large trees, as appropriate for the forest type;
‘‘(II) consider the best available scientific
information to maintain or restore the ecological
integrity, including maintaining or restoring structure, function, composition, and connectivity;
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132 STAT. 4849
‘‘(III) are developed and implemented through
a collaborative process that—
‘‘(aa) includes multiple interested persons
representing diverse interests; and
‘‘(bb)(AA) is transparent and nonexclusive;
or
‘‘(BB) meets the requirements for a
resource advisory committee under subsections
(c) through (f) of section 205 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125); and
‘‘(IV) may include the implementation of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the
Omnibus Public Land Management Act of 2009
(16 U.S.C. 7303(b)).
‘‘(B) DESCRIPTION OF ACTIVITIES.—An activity referred
to in subparagraph (A) is—
‘‘(i) manual cutting and removal of juniper trees,
pinyon pine trees, other associated conifers, or other
nonnative or invasive vegetation;
‘‘(ii) mechanical mastication, cutting, or mowing,
mechanical piling and burning, chaining, broadcast
burning, or yarding;
‘‘(iii) removal of cheat grass, medusa head rye,
or other nonnative, invasive vegetation;
‘‘(iv) collection and seeding or planting of native
vegetation using a manual, mechanical, or aerial
method;
‘‘(v) seeding of nonnative, noninvasive, ruderal
vegetation only for the purpose of emergency stabilization;
‘‘(vi) targeted use of an herbicide, subject to the
condition that the use shall be in accordance with
applicable legal requirements, Federal agency procedures, and land use plans;
‘‘(vii) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds;
‘‘(viii) temporary removal of wild horses or burros
in the area in which the activity is being carried out
to ensure treatment objectives are met;
‘‘(ix) in coordination with the affected permit
holder, modification or adjustment of permissible usage
under an annual plan of use of a grazing permit issued
by the Secretary concerned to achieve restoration treatment objectives;
‘‘(x) installation of new, or modification of existing,
fencing or water sources intended to control use or
improve wildlife habitat; or
‘‘(xi) necessary maintenance of, repairs to,
rehabilitation of, or reconstruction of an existing
permanent road or construction of temporary roads
to accomplish the activities described in this subparagraph.
‘‘(C) EXCLUSIONS.—The term ‘covered vegetation
management activity’ does not include—
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132 STAT. 4850
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(i) any activity conducted in a wilderness area
or wilderness study area;
‘‘(ii) any activity for the construction of a permanent road or permanent trail;
‘‘(iii) any activity conducted on Federal land on
which, by Act of Congress or Presidential proclamation,
the removal of vegetation is restricted or prohibited;
‘‘(iv) any activity conducted in an area in which
activities under subparagraph (B) would be inconsistent with the applicable land and resource management plan; or
‘‘(v) any activity conducted in an inventoried
roadless area.
‘‘(2) SECRETARY CONCERNED.—The term ‘Secretary concerned’ means—
‘‘(A) the Secretary of Agriculture, with respect to
National Forest System land; and
‘‘(B) the Secretary of the Interior, with respect to public
land.
‘‘(3) TEMPORARY ROAD.—The term ‘temporary road’ means
a road that is—
‘‘(A) authorized—
‘‘(i) by a contract, permit, lease, other written
authorization; or
‘‘(ii) pursuant to an emergency operation;
‘‘(B) not intended to be part of the permanent transportation system of a Federal department or agency;
‘‘(C) not necessary for long-term resource management;
‘‘(D) designed in accordance with standards appropriate
for the intended use of the road, taking into consideration—
‘‘(i) safety;
‘‘(ii) the cost of transportation; and
‘‘(iii) impacts to land and resources; and
‘‘(E) managed to minimize—
‘‘(i) erosion; and
‘‘(ii) the introduction or spread of invasive species.
‘‘(b) CATEGORICAL EXCLUSION.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary concerned shall
develop a categorical exclusion (as defined in section 1508.4
of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetation management activities carried out
to protect, restore, or improve habitat for greater sage-grouse
or mule deer.
‘‘(2) ADMINISTRATION.—In developing and administering the
categorical exclusion under paragraph (1), the Secretary concerned shall—
‘‘(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
‘‘(B) with respect to National Forest System land, apply
the extraordinary circumstances procedures under section
220.6 of title 36, Code of Federal Regulations (or successor
regulations), in determining whether to use the categorical
exclusion;
‘‘(C) with respect to public land, apply the extraordinary circumstances procedures under section 46.215 of
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4851
title 43, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and
‘‘(D) consider—
‘‘(i) the relative efficacy of landscape-scale habitat
projects;
‘‘(ii) the likelihood of continued declines in the
populations of greater sage-grouse and mule deer in
the absence of landscape-scale vegetation management;
and
‘‘(iii) the need for habitat restoration activities
after wildfire or other natural disturbances.
‘‘(c) IMPLEMENTATION OF COVERED VEGETATIVE MANAGEMENT
ACTIVITIES WITHIN THE RANGE OF GREATER SAGE-GROUSE AND
MULE DEER.—If the categorical exclusion developed under subsection (b) is used to implement a covered vegetative management
activity in an area within the range of both greater sage-grouse
and mule deer, the covered vegetative management activity shall
protect, restore, or improve habitat concurrently for both greater
sage-grouse and mule deer.
‘‘(d) LONG-TERM MONITORING AND MAINTENANCE.—Before commencing any covered vegetation management activity that is covered by the categorical exclusion under subsection (b), the Secretary
concerned shall develop a long-term monitoring and maintenance
plan, covering at least the 20-year period beginning on the date
of commencement, to ensure that management of the treated area
does not degrade the habitat gains secured by the covered vegetation
management activity.
‘‘(e) DISPOSAL OF VEGETATIVE MATERIAL.—Subject to applicable
local restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by the categorical
exclusion under subsection (b) may be—
‘‘(1) used for—
‘‘(A) fuel wood; or
‘‘(B) other products; or
‘‘(2) piled or burned, or both.
‘‘(f) TREATMENT FOR TEMPORARY ROADS.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(1)(B)(xi),
any temporary road constructed in carrying out a covered vegetation management activity that is covered by the categorical
exclusion under subsection (b)—
‘‘(A) shall be used by the Secretary concerned for the
covered vegetation management activity for not more than
2 years; and
‘‘(B) shall be decommissioned by the Secretary concerned not later than 3 years after the earlier of the date
on which—
‘‘(i) the temporary road is no longer needed; and
‘‘(ii) the project is completed.
‘‘(2) REQUIREMENT.—A treatment under paragraph (1) shall
include reestablishing native vegetative cover—
‘‘(A) as soon as practicable; but
‘‘(B) not later than 10 years after the date of completion
of the applicable covered vegetation management activity.
‘‘(g) LIMITATIONS.—
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(1) PROJECT SIZE.—A covered vegetation management
activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres.
‘‘(2) LOCATION.—A covered vegetation management activity
carried out on National Forest System land that is covered
by the categorical exclusion under subsection (b) shall be limited
to areas designated under section 602(b), as of the date of
enactment of this section.’’.
(b) CONFORMING AMENDMENTS.—The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108–148) is amended by adding at the end of the
items relating to title VI the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
602.
603.
604.
605.
606.
Designation of treatment areas.
Administrative review.
Stewardship end result contracting projects.
Wildfire resilience projects.
Categorical exclusion for greater sage-grouse and mule deer habitat.’’.
PART II—MISCELLANEOUS FOREST
MANAGEMENT ACTIVITIES
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SEC. 8621. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF
SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND.
(a) INCREASE IN MAXIMUM VALUE OF SMALL PARCELS.—Section
3 of Public Law 97–465 (commonly known as the ‘‘Small Tract
Act of 1983’’) (16 U.S.C. 521e) is amended in the matter preceding
paragraph (1) by striking ‘‘$150,000’’ and inserting ‘‘$500,000’’.
(b) ADDITIONAL CONVEYANCE PURPOSES.—Section 3 of Public
Law 97–465 (16 U.S.C. 521e) (as amended by subsection (a)) is
amended—
(1) in paragraph (2), by striking ‘‘; or’’ and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(4) parcels of 40 acres or less that are determined by
the Secretary—
‘‘(A) to be physically isolated from other Federal land;
‘‘(B) to be inaccessible; or
‘‘(C) to have lost National Forest character;
‘‘(5) parcels of 10 acres or less that are not eligible for
conveyance under paragraph (2) but are encroached on by a
permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent; or
‘‘(6) parcels used as a cemetery (including a parcel of not
more than 1 acre adjacent to the parcel used as a cemetery),
a landfill, or a sewage treatment plant under a special use
authorization issued or otherwise authorized by the Secretary.’’.
(c) DISPOSITION OF PROCEEDS.—Section 2 of Public Law 97–
465 (16 U.S.C. 521d) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘The
Secretary is authorized’’ and inserting the following:
‘‘(a) CONVEYANCE AUTHORITY; CONSIDERATION.—The Secretary
is authorized’’;
(2) in paragraph (2), in the second sentence, by striking
‘‘The Secretary shall insert’’ and inserting the following:
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‘‘(b) INCLUSION OF TERMS,
ERVATIONS.—
‘‘(1) IN GENERAL.—The
COVENANTS, CONDITIONS,
132 STAT. 4853
AND
RES-
Secretary shall insert’’;
(3) in subsection (b) (as so designated)—
(A) by striking ‘‘convenants’’ and inserting ‘‘covenants’’;
and
(B) in the second sentence by striking ‘‘The preceding
sentence shall not’’ and inserting the following:
‘‘(2) LIMITATION.—Paragraph (1) shall not’’; and
(4) by adding at the end the following:
‘‘(c) DISPOSITION OF PROCEEDS.—
‘‘(1) DEPOSIT IN SISK FUND.—The net proceeds derived from
any sale or exchange conducted under paragraph (4), (5), or
(6) of section 3 shall be deposited in the fund established
under Public Law 90–171 (commonly known as the ‘Sisk Act’)
(16 U.S.C. 484a).
‘‘(2) USE.—Amounts deposited under paragraph (1) shall
be available to the Secretary until expended for—
‘‘(A) the acquisition of land or interests in land for
administrative sites for the National Forest System in the
State from which the amounts were derived;
‘‘(B) the acquisition of land or interests in land for
inclusion in the National Forest System in that State,
including land or interests in land that enhance opportunities for recreational access; or
‘‘(C) the reimbursement of the Secretary for costs
incurred in preparing a sale conducted under the authority
of section 3 if the sale is a competitive sale.’’.
SEC. 8622. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a)
is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(a) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(b) TERMINATION OF EFFECTIVENESS.—The authority provided
to the Secretary to carry out this section terminates effective
October 1, 2023.’’.
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SEC. 8623. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATIVE SITE.—
(A) IN GENERAL.—The term ‘‘administrative site’’
means—
(i) any facility or improvement, including curtilage,
that was acquired or is used specifically for purposes
of administration of the National Forest System;
(ii) any Federal land that—
(I) is associated with a facility or improvement
described in clause (i) that was acquired or is
used specifically for purposes of administration of
Forest Service activities; and
(II) underlies or abuts the facility or improvement; and
(iii) for each fiscal year, not more than 10 isolated,
undeveloped parcels of not more than 40 acres each.
(B) EXCLUSIONS.—The term ‘‘administrative site’’ does
not include—
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132 STAT. 4854
PUBLIC LAW 115–334—DEC. 20, 2018
(i) any land within a unit of the National Forest
System that is exclusively designated for natural area
or recreational purposes;
(ii) any land within—
(I) a component of the National Wilderness
Preservation System;
(II) a component of the National Wild and
Scenic Rivers System; or
(III) a National Monument; or
(iii) any Federal land that the Secretary determines—
(I) is needed for resource management purposes or to provide access to other land or water;
or
(II) would be in the public interest not to
lease.
(2) FACILITY OR IMPROVEMENT.—The term ‘‘facility or
improvement’’ includes—
(A) a forest headquarters;
(B) a ranger station;
(C) a research station or laboratory;
(D) a dwelling;
(E) a warehouse;
(F) a scaling station;
(G) a fire-retardant mixing station;
(H) a fire-lookout station;
(I) a guard station;
(J) a storage facility;
(K) a telecommunication facility; and
(L) any other administrative installation for conducting
Forest Service activities.
(3) MARKET ANALYSIS.—The term ‘‘market analysis’’ means
the identification and study of the market for a particular
economic good or service.
(b) AUTHORIZATION.—The Secretary may lease an administrative site that is under the jurisdiction of the Secretary in accordance
with this section.
(c) IDENTIFICATION OF ELIGIBLE SITES.—A regional forester,
in consultation with forest supervisors in the region, may submit
to the Secretary a recommendation for administrative sites in the
region that the regional forester considers eligible for leasing under
this section.
(d) CONSULTATION WITH LOCAL GOVERNMENT AND PUBLIC
NOTICE.—Before making an administrative site available for lease
under this section, the Secretary shall—
(1) consult with government officials of the community
and of the State in which the administrative site is located;
and
(2) provide public notice of the proposed lease.
(e) LEASE REQUIREMENTS.—
(1) SIZE.—An administrative site or compound of administrative sites under a single lease under this section may not
exceed 40 acres.
(2) CONFIGURATION OF ADMINISTRATIVE SITES.—
(A) IN GENERAL.—To facilitate the lease of an administrative site under this section, the Secretary may configure
the administrative site—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4855
(i) to maximize the marketability of the administrative site; and
(ii) to achieve management objectives.
(B) SEPARATE TREATMENT OF FACILITY OR IMPROVEMENT.—A facility or improvement on an administrative
site to be leased under this section may be severed from
the land and leased under a separate lease under this
section.
(3) CONSIDERATION.—
(A) IN GENERAL.—A person to which a lease of an
administrative site is made under this section shall provide
to the Secretary consideration described in subparagraph
(B) in an amount that is not less than the market value
of the administrative site, as determined in accordance
with subparagraph (C).
(B) FORM OF CONSIDERATION.—The consideration
referred to in subparagraph (A) may be—
(i) cash;
(ii) in-kind, including—
(I) the construction of new facilities or
improvements, the title to which shall be transferred by the lessee to the Secretary;
(II) the maintenance, repair, improvement, or
restoration of existing facilities or improvements;
and
(III) other services relating to activities that
occur on the administrative site, as determined
by the Secretary; or
(iii) any combination of the consideration described
in clauses (i) and (ii).
(C) DETERMINATION OF MARKET VALUE.—
(i) IN GENERAL.—The Secretary shall determine
the market value of an administrative site to be leased
under this section—
(I) by conducting an appraisal in accordance
with—
(aa) the Uniform Appraisal Standards for
Federal Land Acquisitions established in
accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and
(bb) the Uniform Standards of Professional Appraisal Practice; or
(II) by competitive lease.
(ii) IN-KIND CONSIDERATION.—The Secretary shall
determine the market value of any in-kind consideration under subparagraph (B)(ii).
(4) CONDITIONS.—The lease of an administrative site under
this section shall be subject to such conditions, including
bonding, as the Secretary determines to be appropriate.
(5) RIGHT OF FIRST REFUSAL.—Subject to terms and conditions that the Secretary determines to be necessary, the Secretary shall offer to lease an administrative site to the municipality or county in which the administrative site is located
before seeking to lease the administrative site to any other
person.
(f) RELATION TO OTHER LAWS.—
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132 STAT. 4856
PUBLIC LAW 115–334—DEC. 20, 2018
(1) FEDERAL PROPERTY DISPOSAL.—Chapter 5 of title 40,
United States Code, shall not apply to the lease of an administrative site under this section.
(2) LEAD-BASED PAINT AND ASBESTOS ABATEMENT.—
(A) IN GENERAL.—Notwithstanding any provision of law
relating to the mitigation or abatement of lead-based paint
or asbestos-containing building materials, the Secretary
shall not be required to mitigate or abate lead-based paint
or asbestos-containing building materials with respect to
an administrative site to be leased under this section.
(B) PROCEDURES.—With respect to an administrative
site to be leased under this section that has lead-based
paint or asbestos-containing building materials, the Secretary shall—
(i) provide notice to the person to which the
administrative site will be leased of the presence of
the lead-based paint or asbestos-containing building
material; and
(ii) obtain written assurance from that person that
the person will comply with applicable Federal, State,
and local laws relating to the management of leadbased paint and asbestos-containing building materials.
(3) ENVIRONMENTAL REVIEW.—The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to
the lease of an administrative site under this section, except
that, in any environmental review or analysis required under
that Act for the lease of an administrative site under this
section, the Secretary shall be required only—
(A) to analyze the most reasonably foreseeable use
of the administrative site, as determined through a market
analysis;
(B) to determine whether to include any conditions
under subsection (e)(4); and
(C) to evaluate the alternative of not leasing the
administrative site in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) COMPLIANCE WITH LOCAL LAWS.—A person that leases
an administrative site under this section shall comply with
all applicable State and local zoning laws, building codes, and
permit requirements for any construction activities that occur
on the administrative site.
(g) PROHIBITION.—No agency of the Federal Government shall
make any cash payments to a leaseholder relating to the use or
occupancy of any administrative site or facility that has been
improved under this section.
(h) CONGRESSIONAL NOTIFICATIONS.—
(1) ANTICIPATED USE OF AUTHORITY.—As part of the annual
budget justification documents provided to the Committee on
Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, the Secretary shall
include—
(A) a list of the anticipated leases to be made, including
the anticipated revenue that may be obtained, under this
section;
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132 STAT. 4857
(B) a description of the intended use of any revenue
obtained under a lease under this section, including a
list of any projects that cost more than $500,000; and
(C) a description of accomplishments during previous
years using the authority of the Secretary under this section.
(2) CHANGES TO LEASE LIST.—If the Secretary desires to
lease an administrative site under this section that is not
included on a list provided under paragraph (1)(A), the Secretary shall submit to the congressional committees described
in paragraph (3) a notice of the proposed lease, including the
anticipated revenue that may be obtained from the lease.
(3) USE OF AUTHORITY.—Not less frequently than once each
year, the Secretary shall submit to the Committee on Agriculture, the Committee on Appropriations, and the Committee
on Natural Resources of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry, the
Committee on Appropriations, and the Committee on Energy
and Natural Resources of the Senate a report describing each
lease made by the Secretary under this section during the
period covered by the report.
(i) EXPIRATION OF AUTHORITY.—
(1) IN GENERAL.—The authority of the Secretary to make
a lease of an administrative site under this section expires
on October 1, 2023.
(2) EFFECT ON LEASE AGREEMENT.—Paragraph (1) shall
not affect the authority of the Secretary to carry out this
section in the case of any lease agreement that was entered
into by the Secretary before October 1, 2023.
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SEC. 8624. GOOD NEIGHBOR AUTHORITY.
(a) INCLUSION OF INDIAN TRIBES.—Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
(1) in paragraph (1)(A), by striking ‘‘land and non-Federal
land’’ and inserting ‘‘land, non-Federal land, and land owned
by an Indian tribe’’;
(2) in paragraph (5), by inserting ‘‘or Indian tribe’’ after
‘‘affected State’’;
(3) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and
(4) by inserting after paragraph (5) (as so redesignated)
the following:
‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).’’.
(b) INCLUSION OF COUNTIES.—Section 8206 of the Agricultural
Act of 2014 (16 U.S.C. 2113a) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(B), by inserting ‘‘or county, as
applicable,’’ after ‘‘Governor’’;
(B) by redesignating paragraphs (2) through (9) (as
amended by subsection (a)) as paragraphs (3) through (10),
respectively;
(C) by inserting after paragraph (1) the following:
‘‘(2) COUNTY.—The term ‘county’ means—
‘‘(A) the appropriate executive official of an affected
county; or
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(B) in any case in which multiple counties are affected,
the appropriate executive official of a compact of the
affected counties.’’; and
(D) in paragraph (5) (as so redesignated), by inserting
‘‘or county, as applicable,’’ after ‘‘Governor’’; and
(2) in subsection (b)—
(A) in paragraph (1)(A), by inserting ‘‘or county’’ after
‘‘Governor’’;
(B) in paragraph (2)(A), by striking ‘‘cooperative agreement or contract entered into under subsection (a)’’ and
inserting ‘‘good neighbor agreement’’;
(C) in paragraph (3), by inserting ‘‘or county’’ after
‘‘Governor’’; and
(D) by adding at the end the following:
‘‘(4) RECEIPTS.—Notwithstanding any other provision of
law, any payment made by a county to the Secretary under
a project conducted under a good neighbor agreement shall
not be considered to be monies received from National Forest
System land or Bureau of Land Management land, as
applicable.’’.
(c) TREATMENT OF REVENUE FROM TIMBER SALE CONTRACTS.—
Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C.
2113a(b)(2)) is amended by adding at the end the following:
‘‘(C) TREATMENT OF REVENUE.—
‘‘(i) IN GENERAL.—Funds received from the sale
of timber by a Governor of a State under a good
neighbor agreement shall be retained and used by
the Governor—
‘‘(I) to carry out authorized restoration services
on Federal land under the good neighbor agreement; and
‘‘(II) if there are funds remaining after carrying out subclause (I), to carry out authorized
restoration services on Federal land within the
State under other good neighbor agreements.
‘‘(ii)
TERMINATION
OF
EFFECTIVENESS.—The
authority provided by this subparagraph terminates
effective October 1, 2023.’’.
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SEC.
8625.
CHATTAHOOCHEE-OCONEE
ADJUSTMENT.
NATIONAL
FOREST
LAND
(a) FINDINGS.—Congress finds that—
(1) certain National Forest System land in the State of
Georgia consists of isolated tracts that are inefficient to manage
or have lost their principal value for National Forest purposes;
(2) the disposal of that National Forest System land would
be in the public interest; and
(3) proceeds from the sale of National Forest System land
under subsection (b)(1) would be used best by the Forest Service
to purchase land for National Forest purposes in the State
of Georgia.
(b) LAND CONVEYANCE AUTHORITY.—
(1) IN GENERAL.—Under such terms and conditions as the
Secretary may prescribe, the Secretary may sell or exchange
any or all rights, title, and interest of the United States in
and to the National Forest System land described in paragraph
(2)(A).
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4859
(2) LAND AUTHORIZED FOR DISPOSAL.—
(A) IN GENERAL.—The National Forest System land
referred to in paragraph (1) is the 30 tracts of land totaling
approximately 3,841 acres that are generally depicted on
the 2 maps entitled ‘‘Priority Land Adjustments, State
of Georgia, U.S. Forest Service–Southern Region, Oconee
and Chattahoochee National Forests, U.S. Congressional
Districts–8, 9, 10 & 14’’ and dated September 24, 2013.
(B) MAPS.—The maps described in subparagraph (A)
shall be on file and available for public inspection in the
Office of the Forest Supervisor, Chattahoochee-Oconee
National Forest, until such time as the land is sold or
exchanged.
(C) MODIFICATION OF BOUNDARIES.—The Secretary may
modify the boundaries of the National Forest System land
described in subparagraph (A) based on land management
considerations.
(3) FORM OF CONVEYANCE.—
(A) QUITCLAIM DEED.—The Secretary shall convey
National Forest System land sold or exchanged under paragraph (1) by quitclaim deed.
(B) RESERVATIONS.—The Secretary may reserve any
rights-of-way or other rights or interests in National Forest
System land sold or exchanged under paragraph (1) that
the Secretary considers necessary for management purposes or to protect the public interest.
(4) VALUATION.—
(A) MARKET VALUE.—The Secretary may not sell or
exchange National Forest System land under paragraph
(1) for less than market value, as determined by appraisal
or through competitive bid.
(B) APPRAISAL REQUIREMENTS.—Any appraisal under
subparagraph (A) shall be—
(i) consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform
Standards of Professional Appraisal Practice; and
(ii) subject to the approval of the Secretary.
(5) CONSIDERATION.—
(A) CASH.—Consideration for a sale of National Forest
System land or equalization of an exchange under paragraph (1) shall be paid in cash.
(B) EXCHANGE.—Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of
any National Forest System land exchanged under paragraph (1).
(6) METHOD OF SALE.—
(A) OPTIONS.—The Secretary may sell National Forest
System land under paragraph (1) at public or private sale,
including competitive sale by auction, bid, or otherwise,
in accordance with such terms, conditions, and procedures
as the Secretary determines are in the best interest of
the United States.
(B) SOLICITATIONS.—The Secretary may—
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(i) make public or private solicitations for the sale
or exchange of National Forest System land under
paragraph (1); and
(ii) reject any offer that the Secretary determines
is not adequate or not in the public interest.
(7) BROKERS.—The Secretary may—
(A) use brokers or other third parties in the sale or
exchange of National Forest System land under paragraph
(1); and
(B) from the proceeds of a sale, pay reasonable commissions or fees.
(c) TREATMENT OF PROCEEDS.—
(1) DEPOSIT.—Subject to subsection (b)(7)(B), the Secretary
shall deposit the proceeds of a sale or a cash equalization
payment received from the sale or exchange of National Forest
System land under subsection (b)(1) in the fund established
under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’)
(16 U.S.C. 484a).
(2) AVAILABILITY.—Subject to paragraph (3), amounts
deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation, for the
acquisition of land for National Forest purposes in the State
of Georgia.
(3) PRIVATE PROPERTY PROTECTION.—Nothing in this section
authorizes the use of funds deposited under paragraph (1)
to be used to acquire land without the written consent of
the owner of the land.
SEC. 8626. TENNESSEE WILDERNESS.
(a) DEFINITIONS.—In this section:
(1) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Proposed Wilderness Areas and Additions-Cherokee National
Forest’’ and dated January 20, 2010.
(2) STATE.—The term ‘‘State’’ means the State of Tennessee.
(b) ADDITIONS TO CHEROKEE NATIONAL FOREST.—
(1) DESIGNATION OF WILDERNESS.—In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels
of Federal land in the Cherokee National Forest in the State
are designated as wilderness and as additions to the National
Wilderness Preservation System:
(A) Certain land comprising approximately 9,038 acres,
as generally depicted as the ‘‘Upper Bald River Wilderness’’
on the Map and which shall be known as the ‘‘Upper
Bald River Wilderness’’.
(B) Certain land comprising approximately 348 acres,
as generally depicted as the ‘‘Big Frog Addition’’ on the
Map and which shall be incorporated in, and shall be
considered to be a part of, the Big Frog Wilderness.
(C) Certain land comprising approximately 630 acres,
as generally depicted as the ‘‘Little Frog Mountain Addition
NW’’ on the Map and which shall be incorporated in, and
shall be considered to be a part of, the Little Frog Mountain
Wilderness.
(D) Certain land comprising approximately 336 acres,
as generally depicted as the ‘‘Little Frog Mountain Addition
NE’’ on the Map and which shall be incorporated in, and
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16 USC 1132
note.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4861
shall be considered to be a part of, the Little Frog Mountain
Wilderness.
(E) Certain land comprising approximately 2,922 acres,
as generally depicted as the ‘‘Sampson Mountain Addition’’
on the Map and which shall be incorporated in, and shall
be considered to be a part of, the Sampson Mountain
Wilderness.
(F) Certain land comprising approximately 4,446 acres,
as generally depicted as the ‘‘Big Laurel Branch Addition’’
on the Map and which shall be incorporated in, and shall
be considered to be a part of, the Big Laurel Branch Wilderness.
(G) Certain land comprising approximately 1,836 acres,
as generally depicted as the ‘‘Joyce Kilmer-Slickrock Addition’’ on the Map and which shall be incorporated in, and
shall be considered to be a part of, the Joyce KilmerSlickrock Wilderness.
(2) MAPS AND LEGAL DESCRIPTIONS.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file maps
and legal descriptions of the wilderness areas designated
by paragraph (1) with the appropriate committees of Congress.
(B) PUBLIC AVAILABILITY.—The maps and legal descriptions filed under subparagraph (A) shall be on file and
available for public inspection in the office of the Chief
of the Forest Service and the office of the Supervisor of
the Cherokee National Forest.
(C) FORCE OF LAW.—The maps and legal descriptions
filed under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and
descriptions.
(3) ADMINISTRATION.—
(A) IN GENERAL.—Subject to valid existing rights, the
Federal land designated as wilderness by paragraph (1)
shall be administered by the Secretary in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that
any reference in that Act to the effective date of that
Act shall be deemed to be a reference to the date of enactment of this Act.
(B) FISH AND WILDLIFE MANAGEMENT.—In accordance
with section 4(d)(7) of the Wilderness Act (16 U.S.C.
1133(d)(7)), nothing in this section affects the jurisdiction
of the State with respect to fish and wildlife management,
including the regulation of hunting, fishing, and trapping,
in the wilderness areas designated by paragraph (1).
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SEC. 8627. KISATCHIE NATIONAL FOREST LAND CONVEYANCE.
(a) FINDING.—Congress finds that it is in the public interest
to authorize the conveyance of certain Federal land in the Kisatchie
National Forest in the State of Louisiana for market value consideration.
(b) DEFINITIONS.—In this section:
(1) COLLINS CAMP PROPERTIES.—The term ‘‘Collins Camp
Properties’’ means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
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132 STAT. 4862
PUBLIC LAW 115–334—DEC. 20, 2018
(2) STATE.—The term ‘‘State’’ means the State of Louisiana.
(c) AUTHORIZATION OF CONVEYANCES, KISATCHIE NATIONAL
FOREST, LOUISIANA.—
(1) AUTHORIZATION.—
(A) IN GENERAL.—Subject to valid existing rights and
paragraph (2), the Secretary may convey the Federal land
described in subparagraph (B) by quitclaim deed at public
or private sale, including competitive sale by auction, bid,
or other methods.
(B) DESCRIPTION OF LAND.—The Federal land referred
to in subparagraph (A) consists of—
(i) all Federal land within sec. 9, T. 10 N., R.
5 W., Winn Parish, Louisiana; and
(ii) a 2.16-acre parcel of Federal land located in
the SW1⁄4 of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(2) FIRST RIGHT OF PURCHASE.—Subject to valid existing
rights and subsection (e), during the 1-year period beginning
on the date of enactment of this Act, on the provision of consideration by the Collins Camp Properties to the Secretary, the
Secretary shall convey, by quitclaim deed, to Collins Camp
Properties all right, title, and interest of the United States
in and to—
(A) the not more than 47.92 acres of Federal land
comprising the Collins Campsites within sec. 9, T. 10 N.,
R. 5 W., in Winn Parish, Louisiana, as generally depicted
on a certificate of survey dated February 28, 2007, by
Glen L. Cannon, P.L.S. 4436; and
(B) the parcel of Federal land described in paragraph
(1)(B)(ii).
(3) TERMS AND CONDITIONS.—The Secretary may—
(A) configure the Federal land to be conveyed under
this section—
(i) to maximize the marketability of the conveyance; or
(ii) to achieve management objectives; and
(B) establish any terms and conditions for the conveyances under this section that the Secretary determines
to be in the public interest.
(4) CONSIDERATION.—Consideration for a conveyance of
Federal land under this section shall be—
(A) in the form of cash; and
(B) in an amount equal to the market value of the
Federal land being conveyed, as determined under paragraph (5).
(5) MARKET VALUE.—The market value of the Federal land
conveyed under this section shall be determined—
(A) in the case of Federal land conveyed under paragraph (2), by an appraisal that is—
(i) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions;
and
(ii) approved by the Secretary; or
(B) if conveyed by a method other than the methods
described in paragraph (2), by competitive sale.
(6) HAZARDOUS SUBSTANCES.—
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132 STAT. 4863
(A) IN GENERAL.—In any conveyance of Federal land
under this section, the Secretary shall meet disclosure
requirements for hazardous substances, but shall otherwise
not be required to remediate or abate the substances.
(B) EFFECT.—Except as provided in subparagraph (A),
nothing in this subsection affects the application of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the
conveyances of Federal land.
(d) PROCEEDS FROM THE SALE OF LAND.—The Secretary shall
deposit the proceeds of a conveyance of Federal land under subsection (c) in the fund established under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(e) ADMINISTRATION.—
(1) COSTS.—As a condition of a conveyance of Federal land
to Collins Camp Properties under subsection (c), the Secretary
shall require Collins Camp Properties to pay at closing—
(A) reasonable appraisal costs; and
(B) the cost of any administrative and environmental
analyses required by law (including regulations).
(2) PERMITS.—
(A) IN GENERAL.—An offer by Collins Camp Properties
for the acquisition of the Federal land under subsection
(c) shall be accompanied by a written statement from each
holder of a Forest Service special use authorization with
respect to the Federal land that specifies that the holder
agrees to relinquish the special use authorization on the
conveyance of the Federal land to Collins Camp Properties.
(B) SPECIAL USE AUTHORIZATIONS.—If any holder of
a special use authorization described in subparagraph (A)
fails to provide a written authorization in accordance with
that subparagraph, the Secretary shall require, as a condition of the conveyance, that Collins Camp Properties
administer the special use authorization according to the
terms of the special use authorization until the date on
which the special use authorization expires.
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SEC. 8628. PURCHASE OF NATURAL RESOURCES CONSERVATION
SERVICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) FINDINGS.—Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately 8.75
acres, more specifically described in subsection (b)(1) (in this
section referred to as the ‘‘property’’).
(2) The property is under the jurisdiction of the Department
of Agriculture and has been variously used for research and
plant materials purposes.
(3) Since 1998, the property has been administered by
the Natural Resources Conservation Service of the Department
of Agriculture.
(4) Since 2002, the property has been co-managed under
a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources
Code.
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132 STAT. 4864
PUBLIC LAW 115–334—DEC. 20, 2018
(5) The Conservation District wishes to purchase the property and use it for conservation, environmental, and related
educational purposes.
(6) As provided in subsection (b), the purchase of the property by the Conservation District would promote the conservation education and related activities of the Conservation District
and result in savings to the Federal Government.
(b) LAND PURCHASE, NATURAL RESOURCES CONSERVATION
SERVICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.—
(1) PURCHASE AUTHORIZED.—The Secretary shall sell and
quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the ‘‘Conservation District’’)
all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon, that
is located at 4500 Glenwood Drive in Riverside, California,
consists of approximately 8.75 acres, and is administered by
the Natural Resources Conservation Service of the Department
of Agriculture. As necessary or desirable to facilitate the purchase of the property under this subsection, the Secretary or
the Conservation District may survey all or portions of the
property.
(2) CONSIDERATION.—As consideration for the purchase of
the property under this subsection, the Conservation District
shall pay to the Secretary an amount equal to the appraised
value of the property.
(3) PROHIBITION ON RESERVATION OF INTEREST.—The Secretary shall not reserve any future interest in the property
to be conveyed under this subsection, except such interest as
may be acceptable to the Conservation District.
(4) HAZARDOUS SUBSTANCES.—Notwithstanding section
120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the
case of the property purchased by the Conservation District
under this subsection, the Secretary shall be only required
to meet the disclosure requirements for hazardous substances,
pollutants, or contaminants, but shall otherwise not be required
to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and
petroleum derivatives.
(5) COOPERATIVE AUTHORITY.—
(A) LEASES, CONTRACTS, AND COOPERATIVE AGREEMENTS
AUTHORIZED.—In conjunction with, or in addition to, the
purchase of the property by the Conservation District under
this subsection, the Secretary may enter into leases, contracts and cooperative agreements with the Conservation
District.
(B) SOLE SOURCE.—Notwithstanding sections 3105,
3301, and 3303 to 3305 of title 41, United States Code,
or any other provision of law, the Secretary may lease
real property from the Conservation District on a noncompetitive basis.
(C) NON-EXCLUSIVE AUTHORITY.—The authority provided by this subsection is in addition to any other
authority of the Secretary.
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132 STAT. 4865
SEC. 8629. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) WAIVER AUTHORITY.—Section 4003(d) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(d)) is amended
by adding at the end the following:
‘‘(4) WAIVER.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), after
consulting with the advisory panel established under subsection (e), if the Secretary determines that a proposal
that has been selected under paragraph (1) and is being
carried out continues to meet the eligibility criteria established by subsection (b), the Secretary, on a case-by-case
basis, may issue for the proposal a 1-time extension of
the 10-year period requirement under paragraph (1)(B)
of that subsection.
‘‘(B) LIMITATION.—The extension described in subparagraph (A)—
‘‘(i) shall be for the shortest period of time practicable to complete implementation of the proposal,
as determined by the Secretary; and
‘‘(ii) shall not exceed 10 years.’’.
(b) WAIVER LIMITATION.—Section 4003(f)(4) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is
amended by adding at the end the following:
‘‘(C) EXCEPTION.—The limitation described in subparagraph (B)(i) shall not apply to a proposal for which a
1-time extension is granted under subsection (d)(4).’’.
(c) REAUTHORIZATION.—Section 4003(f)(6) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended
by striking ‘‘$40,000,000 for each of fiscal years 2009 through 2019’’
and inserting ‘‘$80,000,000 for each of fiscal years 2019 through
2023’’.
(d) REPORTING REQUIREMENTS.—Section 4003(h) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(h))
is amended—
(1) in paragraph (3), by striking ‘‘and’’ after the semicolon;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’;
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
‘‘(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;’’; and
(5) by adding at the end the following:
‘‘(6) the Committee on Agriculture of the House of Representatives.’’.
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SEC. 8630. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION
MANAGEMENT PILOT PROGRAM.
43 USC 1772
note.
(a) DEFINITIONS.—In this section:
(1) NATIONAL FOREST SYSTEM LAND.—
(A) IN GENERAL.—The term ‘‘National Forest System
land’’ means land within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)).
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132 STAT. 4866
PUBLIC LAW 115–334—DEC. 20, 2018
(B) EXCLUSIONS.—The term ‘‘National Forest System
land’’ does not include—
(i) a National Grassland; or
(ii) a land utilization project on land designated
as a National Grassland and administered pursuant
to sections 31, 32, and 33 of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010, 1011, 1012).
(2) PASSING WILDFIRE.—The term ‘‘passing wildfire’’ means
a wildfire that originates outside of a right-of-way.
(3) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established by the Secretary under subsection
(b).
(4) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ means a special use authorization issued by the Forest Service allowing
the placement of utility infrastructure.
(5) UTILITY INFRASTRUCTURE.—The term ‘‘utility infrastructure’’ means electric transmission lines, natural gas infrastructure, or related structures.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—To encourage owners or operators of
rights-of-way on National Forest System land to partner with
the Forest Service to voluntarily conduct vegetation management projects on a proactive basis to better protect utility
infrastructure from potential passing wildfires, the Secretary
may establish a limited, voluntary pilot program, in the manner
described in this section, to conduct vegetation management
projects on National Forest System land adjacent to those
rights-of-way.
(2) APPLICATION.—The pilot program shall not apply in
a right-of-way described in paragraph (1).
(c) ELIGIBLE PARTICIPANTS.—
(1) IN GENERAL.—A participant in the pilot program shall
be the owner or operator of a right-of-way on National Forest
System land.
(2) SELECTION PRIORITY.—In selecting participants for the
pilot program, the Secretary shall give priority to an owner
or operator of a right-of-way that has developed the utility
infrastructure protection prescriptions of the owner or operator
in coordination with Forest Service fire scientists or fire managers.
(d) VEGETATION MANAGEMENT PROJECTS.—
(1) IN GENERAL.—A vegetation management project conducted under the pilot program shall involve only limited vegetation management activities that—
(A) shall create the least ground disturbance and least
disturbance to wildlife reasonably necessary to protect
utility infrastructure from passing wildfires based on
applicable models, including Forest Service fuel models;
(B) may include thinning and treatment of surface
fuels, ladder fuels, and activity fuels to create or maintain
shaded fuel breaks or other appropriate measures recommended by Forest Service fire scientists or fire managers;
(C)(i) shall only be conducted on National Forest
System land; and
(ii) shall not—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4867
(I) extend for more than 150 feet from the electric
transmission line for which the applicable participant
has a right-of-way; or
(II) comprise an overall width, for both sides of
that electric transmission line, that totals more than
200 feet; and
(D) shall not be conducted on—
(i) a component of the National Wilderness
Preservation System;
(ii) a designated wilderness study area;
(iii) an inventoried roadless area; or
(iv) Federal land on which, by Act of Congress
or Presidential proclamation, the removal of vegetation
is restricted or prohibited.
(2) APPROVAL.—Each vegetation management project
described in paragraph (1) shall be subject to approval by
the Forest Service in accordance with this section.
(3) FIRE PREVENTION.—In carrying out a vegetation
management project under the pilot program, a participant
shall adhere to—
(A) Forest Service regulations relating to spark
arresting devices;
(B) Forest Service regulations limiting and prohibiting
certain activities conducted by contractors in an area, based
on weather conditions and fire danger;
(C) Forest Service regulations that apply to contractors
removing vegetation on National Forest System land pursuant to a timber sale or stewardship contract, including
regulations relating to—
(i) protection of residual trees and timber damaged
by contractors;
(ii) protection measures needed for plants, animals,
cultural resources, and cave resources;
(iii) streamcourse protection and erosion control;
(iv) fire plans, precautions, and precautionary
periods;
(v) fire suppression costs; and
(vi) employment of eligible workers; and
(D) State regulations relating to the prevention of
wildfires and contractors removing vegetation.
(4) TREATMENT OF SLASH.—In carrying out a vegetation
management project under the pilot program, a participant
shall treat any activity fuels in a manner that—
(A) is satisfactory to the Forest Service;
(B) does not result in a fire hazard; and
(C) reduces the risk of an insect or disease outbreak.
(e) PROJECT COSTS.—
(1) IN GENERAL.—Except as provided in paragraph (2) and
subsection (f)(2), a participant in the pilot program shall be
responsible for all costs, as determined by the Secretary,
incurred in participating in the pilot program.
(2) FEDERAL FUNDING.—The Secretary may contribute
funds for a vegetation management project conducted under
the pilot program if the Secretary determines that the contribution is in the public interest.
(f) LIABILITY.—
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132 STAT. 4868
PUBLIC LAW 115–334—DEC. 20, 2018
(1) ACTIVITIES WITHIN RIGHTS-OF-WAY.—Participation in the
pilot program shall not affect any legal obligations or liability
standards that arise under the right-of-way for activities in
the right-of-way.
(2) WILDFIRES.—
(A) OPERATIONS FIRES.—
(i) IN GENERAL.—With respect to fire suppression
costs for a wildfire caused by the operations of a participant in the pilot program (other than an operation
or activity of a participant described in subparagraph
(B) or (C)), the participant shall reimburse the Forest
Service for those costs, subject to a maximum dollar
amount to which the Forest Service and the participant
shall agree prior to the commencement of the project.
(ii) CREDIT FOR ACTIONS BY PARTICIPANTS.—
(I) IN GENERAL.—If a participant in the pilot
program provides actions, supplies, or equipment
for use to suppress a wildfire described in clause
(i) or at the request of the Forest Service, the
cost of those actions, supplies, or equipment shall
be credited toward the maximum dollar amount
described in that clause.
(II) REIMBURSEMENT.—If the actual cost of a
participant described in subclause (I) exceeds the
maximum dollar amount described in clause (i),
the Forest Service shall reimburse the participant
for the excess.
(B) NEGLIGENT FIRES.—
(i) IN GENERAL.—Subject to clause (ii), if a wildfire
is caused by the negligence of a participant in the
pilot program, or an agent of the participant, including
a wildfire caused by smoking by persons engaged in
the operations of the participant, the participant shall
bear the cost of damages to Forest Service resources
and the fire suppression costs resulting from the wildfire.
(ii) LIMITATION.—Except as provided in clause (iii),
the costs borne by a participant under clause (i) shall
not exceed $500,000.
(iii) FAILURE TO COMPLY.—If the start or spread
of a wildfire described in clause (i) is caused by the
failure of the participant to comply with specific safety
requirements expressly imposed by the Forest Service
as a condition of conducting a vegetation management
project under the pilot program or by this section,
the participant shall bear the cost of damages to Forest
Service resources and the fire suppression costs
resulting from the wildfire.
(C) EXCEPTIONS.—This paragraph shall not apply in
the case of a wildfire caused by the felling of a tree by
a participant in the pilot program, or an agent of the
participant, onto an electric transmission line.
(3) EFFECT.—Nothing in this subsection relieves a participant in the pilot program of any liabilities to which the participant is subject—
(A) under State laws; or
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132 STAT. 4869
(B) with regard to damages to property other than
Forest Service property.
(g) IMPLEMENTATION.—
(1) IN GENERAL.—Except as provided in paragraph (3), the
Secretary shall use the authority of the Secretary under other
laws (including regulations) to carry out the pilot program.
(2) COMPLIANCE WITH EXISTING LAWS.—Except as provided
in paragraph (3), a vegetation management project under the
pilot program shall be—
(A) consistent with the applicable land management
plan for the area in which the project is located; and
(B) carried out in accordance with all applicable laws,
including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(3) MODIFICATION OF REGULATIONS.—In order to implement
the pilot program in an efficient and expeditious manner, the
Secretary may waive or modify specific provisions of the Federal
Acquisition Regulation, including waivers or modifications to
allow for the formation of contracts or agreements on a noncompetitive basis.
(h) TREATMENT OF PROCEEDS.—Notwithstanding any other
provision of law, the Secretary may—
(1) retain any funds provided to the Forest Service by
a participant in the pilot program; and
(2) use funds retained under paragraph (1), in such
amounts as may be appropriated, to carry out the pilot program.
(i) REPORT TO CONGRESS.—Not later than December 31, 2020,
and 2 years thereafter, the Secretary shall submit a report
describing the status of the pilot program and vegetation management projects conducted under the pilot program to—
(1) the Committees on Agriculture, Nutrition, and Forestry
and Energy and Natural Resources of the Senate; and
(2) the Committees on Agriculture and Natural Resources
of the House of Representatives.
(j) DURATION.—The authority to carry out the pilot program,
including any vegetation management project conducted under the
pilot program, expires on October 1, 2023.
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SEC. 8631. OKHISSA LAKE RURAL ECONOMIC DEVELOPMENT LAND
CONVEYANCE.
(a) DEFINITION OF ALLIANCE.—In this section, the term ‘‘Alliance’’ means the Scenic Rivers Development Alliance.
(b) REQUEST.—Subject to the requirements of this section, if
the Alliance submits a written request for conveyance by not later
than 180 days after the date of enactment of this Act and the
Secretary determines that it is in the public interest to convey
the National Forest System Land described in subsection (c), the
Secretary shall convey to the Alliance all right, title, and interest
of the United States in and to the National Forest System land
described in subsection (c) by quitclaim deed through a public
or private sale, including a competitive sale by auction or bid.
(c) DESCRIPTION OF NATIONAL FOREST SYSTEM LAND.—
(1) IN GENERAL.—Subject to paragraph (2), the National
Forest System land referred to in subsection (b) is the approximately 150 acres of real property located in sec. 6, T. 5 N.
R. 4 E., Franklin County, Mississippi, and further described
as—
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132 STAT. 4870
PUBLIC LAW 115–334—DEC. 20, 2018
(A) the portion of the NW1⁄4 NW1⁄4 lying south of
the south boundary of Berrytown Road;
(B) the portion of the W1⁄2 NE1⁄4 NW1⁄4 lying south
of the south boundary of Berrytown Road;
(C) the portion of the SW1⁄4 NW1⁄4 lying east of the
east boundary of U.S. Highway 98;
(D) the W1⁄2 SE1⁄4 NW1⁄4;
(E) the portion of the NW1⁄4 SW1⁄4 lying east of the
east boundary of U.S. Highway 98;
(F) the portion of the NE1⁄4 SW1⁄4 commencing at the
southwest corner of the NE1⁄4 SW1⁄4, said point being the
point of beginning, thence running east 330 feet along
the south boundary of the NE1⁄4 SW1⁄4 to a point in Lake
Okhissa, thence running northeasterly to a point in Lake
Okhissa on the east boundary of the NE1⁄4 SW1⁄4 330
feet south of the northeast corner thereof, thence running
north 330 feet along the east boundary of the NE1⁄4 SW1⁄4
to the northeast corner thereof, thence running west along
the north boundary of the NE1⁄4 SW1⁄4 to the NW corner
thereof; thence running south along the west boundary
of the NE1⁄4 SW1⁄4 to the point of beginning; and
(G) the portion of the SE1⁄4 SE1⁄4 NW1⁄4 commencing
at the southeast corner of the SE1⁄4 NW1⁄4, said point
being the point of beginning, and running northwesterly
to the northwest corner of the SE1⁄4 SE11⁄4 NW1⁄4, thence
running south along the west boundary of the SE1⁄4 SE1⁄4
NW1⁄4 to the southwest corner thereof, thence running
east along the south boundary of the SE1⁄4 SE1⁄4 NW1⁄4
to the point of beginning.
(2) SURVEY.—The exact acreage and legal description of
the National Forest System land to be conveyed under this
section shall be determined by a survey satisfactory to the
Secretary.
(d) CONSIDERATION.—
(1) IN GENERAL.—The consideration for the conveyance of
any National Forest System land under this section shall be—
(A) provided in the form of cash; and
(B) in an amount equal to the fair market value of
the National Forest System land being conveyed, as determined under paragraph (2).
(2) FAIR MARKET VALUE DETERMINATION.—The fair market
value of the National Forest System land conveyed under this
section shall be determined—
(A) in the case of a method of conveyance described
in subsection (b), by an appraisal that is—
(i) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions;
and
(ii) approved by the Secretary; or
(B) in the case of a conveyance by a method other
than a method described in subsection (b), by competitive
sale.
(e) TERMS AND CONDITIONS.—The conveyance under this section
shall be subject to—
(1) valid existing rights; and
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132 STAT. 4871
(2) such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United
States.
(f) PROCEEDS FROM SALE.—The Secretary shall deposit the
proceeds of the conveyance of any National Forest System land
under this section in the fund established under Public Law 90–
171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(g) COSTS.—As a condition for the conveyance under this section, the Secretary shall require the Alliance to pay at closing—
(1) any reasonable appraisal costs; and
(2) the costs of any administrative or environmental analysis required by applicable law (including regulations).
SEC. 8632. REMOTE SENSING TECHNOLOGIES.
The Chief of the Forest Service shall—
(1) continue to find efficiencies in the operations of the
forest inventory and analysis program under section 3(e) of
the Forest and Rangeland Renewable Resources Research Act
of 1978 (16 U.S.C. 1642(e)) through the improved use and
integration of advanced remote sensing technologies to provide
estimates for State- and national-level inventories, where
appropriate; and
(2) partner with States and other interested stakeholders
to carry out the program described in paragraph (1).
16 USC 1642
note.
PART III—TIMBER INNOVATION
SEC. 8641. DEFINITIONS.
In this part:
(1) INNOVATIVE WOOD PRODUCT.—The term ‘‘innovative
wood product’’ means a type of building component or system
that uses large panelized wood construction, including mass
timber.
(2) MASS TIMBER.—The term ‘‘mass timber’’ includes—
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Research and Development deputy
area and the State and Private Forestry deputy area of the
Forest Service.
(4) TALL WOOD BUILDING.—The term ‘‘tall wood building’’
means a building designed to be—
(A) constructed with mass timber; and
(B) more than 85 feet in height.
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SEC. 8642. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD BUILDING CONSTRUCTION.
7 USC 7655c
note.
7 USC 7655c.
(a) IN GENERAL.—The Secretary shall conduct performancedriven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood
products in wood building construction in the United States.
(b) ACTIVITIES.—In carrying out subsection (a), the Secretary
shall—
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PUBLIC LAW 115–334—DEC. 20, 2018
(1) after receipt of input and guidance from, and collaboration with, the wood products industry, conservation organizations, and institutions of higher education, conduct research
and development, education, and technical assistance at the
Forest Products Laboratory or through the State and Private
Forestry deputy area that meets measurable performance goals
for the achievement of the priorities described in subsection
(c); and
(2) after coordination and collaboration with the wood products industry and conservation organizations, make competitive
grants to institutions of higher education to conduct research
and development, education, and technical assistance that
meets measurable performance goals for the achievement of
the priorities described in subsection (c).
(c) PRIORITIES.—The research and development, education, and
technical assistance conducted under subsection (a) shall give priority to—
(1) ways to improve the commercialization of innovative
wood products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
lifecycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building
construction;
(4) analyzing methods to reduce the lifecycle environmental
footprint of tall wood building construction;
(5) analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and
(6) 1 or more other research areas identified by the Secretary, in consultation with conservation organizations, institutions of higher education, and the wood products industry.
(d) TIMEFRAME.—To the maximum extent practicable, the measurable performance goals for the research and development, education, and technical assistance conducted under subsection (a)
shall be achievable within a 5-year timeframe.
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7 USC 7655d.
SEC. 8643. WOOD INNOVATION GRANT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) an individual;
(B) a public or private entity (including a center of
excellence that consists of 1 or more partnerships between
forestry, engineering, architecture, or business schools at
1 or more institutions of higher education); or
(C) a State, local, or Tribal government.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Chief of the Forest Service.
(b) GRANT PROGRAM.—
(1) IN GENERAL.—The Secretary, in carrying out the wood
innovation grant program of the Secretary described in the
notice of the Secretary entitled ‘‘Request for Proposals: 2016
Wood Innovations Funding Opportunity’’ (80 Fed. Reg. 63498
(October 20, 2015)), may make a wood innovation grant to
1 or more eligible entities each year for the purpose of
advancing the use of innovative wood products.
(2) PROPOSALS.—To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the Secretary
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a proposal at such time, in such manner, and containing such
information as the Secretary may require.
(c) INCENTIVIZING USE OF EXISTING MILLING CAPACITY.—In
selecting among proposals of eligible entities under subsection (b)(2),
the Secretary shall give priority to proposals that include the use
or retrofitting (or both) of existing sawmill facilities located in
counties in which the average annual unemployment rate exceeded
the national average unemployment rate by more than 1 percent
in the previous calendar year.
(d) MATCHING REQUIREMENT.—As a condition of receiving a
grant under subsection (b), an eligible entity shall provide funds
equal to the amount received by the eligible entity under the
grant, to be derived from non-Federal sources.
SEC. 8644. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
Section 9013 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8113) is amended to read as follows:
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‘‘SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMMUNITY WOOD ENERGY SYSTEM.—
‘‘(A) IN GENERAL.—The term ‘community wood energy
system’ means an energy system that—
‘‘(i) produces thermal energy or combined thermal
energy and electricity where thermal is the primary
energy output;
‘‘(ii) services public facilities owned or operated
by State or local governments (including schools, town
halls, libraries, and other public buildings) or private
or nonprofit facilities (including commercial and business facilities, such as hospitals, office buildings, apartment buildings, and manufacturing and industrial
buildings); and
‘‘(iii) uses woody biomass, including residuals—
‘‘(I) that have not been adulterated with glue
or other chemical treatments from wood processing
facilities, as the primary fuel; and
‘‘(II) for which the use of that biomass for
energy production does not cause conversion of
forests to nonforest use.
‘‘(B) INCLUSIONS.—The term ‘community wood energy
system’ includes single-facility central heating, district
heating systems serving multiple buildings, combined heat
and electric systems where thermal energy is the primary
energy output, and other related biomass energy systems.
‘‘(2) INNOVATIVE WOOD PRODUCT FACILITY.—The term
‘innovative wood product facility’ means a manufacturing or
processing plant or mill that produces—
‘‘(A) building components or systems that use large
panelized wood construction, including mass timber;
‘‘(B) wood products derived from nanotechnology or
other new technology processes, as determined by the Secretary; or
‘‘(C) other innovative wood products that use low-value,
low-quality wood, as determined by the Secretary.
‘‘(3) MASS TIMBER.—The term ‘mass timber’ includes—
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(A) cross-laminated timber;
‘‘(B) nail-laminated timber;
‘‘(C) glue-laminated timber;
‘‘(D) laminated strand lumber; and
‘‘(E) laminated veneer lumber.
‘‘(4) PROGRAM.—The term ‘Program’ means the Community
Wood Energy and Wood Innovation Program established under
subsection (b).
‘‘(b) COMPETITIVE GRANT PROGRAM.—The Secretary, acting
through the Chief of the Forest Service, shall establish a competitive
grant program to be known as the ‘Community Wood Energy and
Wood Innovation Program’.
‘‘(c) MATCHING GRANTS.—
‘‘(1) IN GENERAL.—Under the Program, the Secretary shall
make grants to cover not more than 35 percent of the capital
cost for installing a community wood energy system or building
an innovative wood product facility.
‘‘(2) SPECIAL CIRCUMSTANCES.—The Secretary may establish special circumstances, such as in the case of a community
wood energy system project or innovative wood product facility
project involving a school or hospital in a low-income community, under which grants under the Program may cover up
to 50 percent of the capital cost.
‘‘(3) SOURCE OF MATCHING FUNDS.—Matching funds
required pursuant to this subsection from a grant recipient
shall be derived from non-Federal funds.
‘‘(d) PROJECT CAP.—The total amount of grants under the Program for a community wood energy system project or innovative
wood product facility project may not exceed—
‘‘(1) in the case of grants under the general authority
provided under subsection (c)(1), $1,000,000; and
‘‘(2) in the case of grants for which the special circumstances apply under subsection (c)(2), $1,500,000.
‘‘(e) SELECTION CRITERIA.—In selecting applicants for grants
under the Program, the Secretary shall consider the following:
‘‘(1) The energy efficiency of the proposed community wood
energy system or innovative wood product facility.
‘‘(2) The cost effectiveness of the proposed community wood
energy system or innovative wood product facility.
‘‘(3) The extent to which the proposed community wood
energy system or innovative wood product facility represents
the best available commercial technology.
‘‘(4) The extent to which the proposed community wood
energy system uses the most stringent control technology that
has been required or achieved in practice for a wood-fired
boiler of similar size and type.
‘‘(5)(A) The extent to which the proposed community wood
energy system will displace conventional fossil fuel generation.
‘‘(B) Whether the proposed community wood energy system
minimizes emission increases to the greatest extent possible.
‘‘(6) The extent to which the proposed community wood
energy system will increase delivered thermal efficiency of the
systems replaced.
‘‘(7) The extent to which the applicant has demonstrated
a high likelihood of project success by completing detailed
engineering and design work in advance of the grant application.
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‘‘(8) Other technical, economic, conservation, and environmental criteria that the Secretary considers appropriate.
‘‘(f) GRANT PRIORITIES.—In selecting applicants for grants under
the Program, the Secretary shall give priority to proposals that
use the most stringent control technology that has been required
or achieved in practice for a wood-fired boiler and—
‘‘(1) would be carried out in a location where markets
are needed for the low-value, low-quality wood;
‘‘(2) would be carried out in a location with limited access
to natural gas pipelines;
‘‘(3) would include the use or retrofitting (or both) of
existing sawmill facilities located in a location where the average annual unemployment rate exceeded the national average
unemployment rate by more than 1 percent during the previous
calendar year; or
‘‘(4) would be carried out in a location where the project
will aid with forest restoration.
‘‘(g) LIMITATIONS.—
‘‘(1) CAPACITY OF COMMUNITY WOOD ENERGY SYSTEMS.—
A community wood energy system acquired with grant funds
under the Program shall not exceed nameplate capacity of
5 megawatts of thermal energy or combined thermal and electric energy.
‘‘(2) FUNDING FOR INNOVATIVE WOOD PRODUCT FACILITIES.—
Not more than 25 percent of funds provided as grants under
the Program for a fiscal year may go to applicants proposing
innovative wood product facilities, unless the Secretary has
received an insufficient number of qualified proposals for
community wood energy systems.
‘‘(h) FUNDING.—There is authorized to be appropriated to carry
out the Program $25,000,000 for each of fiscal years 2019 through
2023.’’.
Subtitle G—Other Matters
SEC. 8701. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking
‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 8702. RESOURCE ADVISORY COMMITTEES.
Section 205 of the Secure Rural Schools and Community SelfDetermination Act of 2000 (16 U.S.C. 7125) is amended—
(1) in subsection (d)—
(A) in paragraph (1), by striking ‘‘Each’’ and inserting
‘‘Except as provided in paragraph (6), each’’;
(B) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘Committee’’ and inserting ‘‘Except
as provided in paragraph (6), committee’’; and
(C) by adding at the end the following:
‘‘(6) COMMITTEE COMPOSITION WAIVER AUTHORITY.—
‘‘(A) NOTICE.—On notice from the applicable regional
forester that an adequate number of qualified candidates
are not interested or available to serve on a resource
advisory committee, the Secretary concerned shall publish
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132 STAT. 4876
PUBLIC LAW 115–334—DEC. 20, 2018
a notice in the Federal Register seeking candidates for
the resource advisory committee.
‘‘(B) MODIFICATION OF MEMBERSHIP REQUIREMENTS.—
If, by the date that is 30 days after the date of publication
of notice under subparagraph (A), an inadequate number
of qualified candidates have applied to serve on a resource
advisory committee, the Secretary concerned may reduce—
‘‘(i) the membership requirement under paragraph
(1) to not fewer than 9; and
‘‘(ii) the membership requirements under subparagraphs (A), (B), and (C) of paragraph (2) to 3 in each
category described in that paragraph, except that
where a vacancy exists on a resource advisory committee, the Secretary concerned may not reject a qualified applicant from any category.
‘‘(C) TERMINATION OF AUTHORITY.—The authority provided under this paragraph terminates on October 1,
2023.’’; and
(2) by adding at the end the following:
‘‘(g) REGIONAL APPOINTMENT PILOT PROGRAM.—
‘‘(1) DEFINITION OF APPLICABLE DESIGNEE.—In this subsection, the term ‘applicable designee’ means the applicable
regional forester.
‘‘(2) PILOT PROGRAM.—The Secretary concerned shall carry
out a pilot program (referred to in this subsection as the ‘pilot
program’) to allow an applicable designee to appoint members
of resource advisory committees.
‘‘(3) GEOGRAPHIC LIMITATION.—The pilot program shall only
apply to resource advisory committees chartered in—
‘‘(A) the State of Montana; and
‘‘(B) the State of Arizona.
‘‘(4) RESPONSIBILITIES OF APPLICABLE DESIGNEE.—
‘‘(A) REVIEW.—Before appointing a member of a
resource advisory committee under the pilot program, an
applicable designee shall conduct the review and analysis
that would otherwise be conducted for an appointment
to a resource advisory committee if the pilot program was
not in effect, including any review and analysis with respect
to civil rights and budgetary requirements.
‘‘(B) SAVINGS CLAUSE.—Nothing in this subsection
relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect
on the date of enactment of this subsection, including any
requirement for advertising a vacancy.
‘‘(5) TERMINATION OF EFFECTIVENESS.—The authority provided under this subsection terminates on October 1, 2023.
‘‘(6) REPORT TO CONGRESS.—Not later than the date that
is 180 days after the date described in paragraph (5), the
Secretary concerned shall submit to Congress a report that
includes—
‘‘(A) with respect to appointments made under the
pilot program compared to appointments to resource
advisory committees not made under the pilot program,
a description of the extent to which—
‘‘(i) appointments were faster or slower; and
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132 STAT. 4877
‘‘(ii) the requirements described in paragraph (4)
differ; and
‘‘(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the
pilot program.’’.
SEC. 8703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
25 USC 3115b.
(a) IN GENERAL.—The Secretary of the Interior and the Secretary may carry out demonstration projects by which federally
recognized Indian Tribes or Tribal organizations may contract to
perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a
et seq.) through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).
(b) REQUIREMENTS.—With respect to any contract or project
carried out under subsection (a)—
(1) on National Forest System land, the Secretary shall
carry out all functions delegated to the Secretary of the Interior
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304 et seq.);
(2) the Secretary or the Secretary of the Interior, as
applicable, shall make any decisions required to be made
under—
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.); and
(3) the contract or project shall be entered into under,
and in accordance with, section 403(b)(2) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
5363(b)(2)).
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SEC. 8704. TECHNICAL CORRECTIONS.
(a) WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT.—
(1) IN GENERAL.—The Wildfire Suppression Funding and
Forest Management Activities Act (Public Law 115–141) is
amended—
(A) in section 102(a)(2), by striking ‘‘the date of enactment’’ and inserting ‘‘the date of the enactment’’; and
(B) in section 401(a)(1), by inserting ‘‘of 2000’’ after
‘‘Self-Determination Act’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act (Public
Law 115–141).
(b) AGRICULTURAL ACT OF 2014.—Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) (as amended by section
8624(b)) is amended—
(1) in paragraph (4)(B)(i)(II), by striking ‘‘Good Neighbor
Authority Improvement Act’’ and inserting ‘‘Wildfire Suppression Funding and Forest Management Activities Act’’; and
(2) in paragraph (8), by striking ‘‘Good Neighbor Authority
Improvement Act’’ and inserting ‘‘Wildfire Suppression Funding
and Forest Management Activities Act’’.
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Ante, p. 1076.
2 USC 901 note.
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43 USC 1761a.
PUBLIC LAW 115–334—DEC. 20, 2018
SEC. 8705. STREAMLINING THE FOREST SERVICE PROCESS FOR
CONSIDERATION OF COMMUNICATIONS FACILITY LOCATION APPLICATIONS.
(a) DEFINITIONS.—In this section:
(1) COMMUNICATIONS FACILITY.—The term ‘‘communications
facility’’ includes—
(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed
wireless or wireline transmission of writings, signs, signals,
data, images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that—
(i) is designed for the purpose of emitting radio
frequency;
(ii) is designed to be operated, or is operating,
from a fixed location pursuant to authorization by the
Federal Communications Commission or is using duly
authorized devices that do not require individual
licenses; and
(iii) is added to a tower, building, or other structure.
(2) COMMUNICATIONS SITE.—The term ‘‘communications
site’’ means an area of covered land designated for communications uses.
(3) COMMUNICATIONS USE.—The term ‘‘communications
use’’ means the placement and operation of a communications
facility.
(4) COMMUNICATIONS USE AUTHORIZATION.—The term
‘‘communications use authorization’’ means an easement, rightof-way, lease, license, or other authorization to locate or modify
a communications facility on covered land by the Forest Service
for the primary purpose of authorizing the occupancy and use
of the covered land for communications use.
(5) COVERED LAND.—The term ‘‘covered land’’ means
National Forest System land.
(6) FOREST SERVICE.—The term ‘‘Forest Service’’ means
the United States Forest Service of the Department of Agriculture.
(7) ORGANIZATIONAL UNIT.—The term ‘‘organizational unit’’
means, within the Forest Service—
(A) a regional office;
(B) the headquarters;
(C) a management unit; or
(D) a ranger district office.
(b) REGULATIONS.—Notwithstanding section 6409 of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455)
or section 606 of the Repack Airwaves Yielding Better Access for
Users of Modern Services Act of 2018 (Public Law 115–141), not
later than 1 year after the date of enactment of this Act, the
Secretary shall issue regulations—
(1) to streamline the process for considering applications
to locate or modify communications facilities on covered land;
(2) to ensure, to the maximum extent practicable, that
the process is uniform and standardized across the organizational units of the Forest Service; and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4879
(3) to require that the applications described in paragraph
(1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis.
(c) REQUIREMENTS.—The regulations issued under subsection
(b) shall include the following:
(1) Procedures for the tracking of applications described
in subsection (b)(1), including—
(A) identifying the number of applications—
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
describing the reasons for the denial; and
(C) describing the amount of time between the receipt
of an application and the issuance of a final decision on
an application.
(2) Provision for minimum lease terms of not less than
15 years for leases with respect to the location of communications facilities on covered land.
(3) A structure of fees for—
(A) submitting an application described in subsection
(b)(1), based on the cost to the Forest Service of considering
such an application; and
(B) issuing communications use authorizations, based
on the cost to the Forest Service of any maintenance or
other activities required to be performed by the Forest
Service as a result of the location or modification of the
communications facility.
(4) Provision for prioritization or streamlining of the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way.
(d) ADDITIONAL CONSIDERATIONS.—In issuing regulations under
subsection (b), the Secretary shall consider—
(1) how discrete reviews in considering an application
described in subsection (b)(1) can be conducted simultaneously,
rather than sequentially, by any organizational units of the
Forest Service that must approve the location or modification;
and
(2) how to eliminate overlapping requirements among the
organizational units of the Forest Service with respect to the
location or modification of a communications facility on covered
land administered by those organizational units.
(e) COMMUNICATION OF STREAMLINED PROCESS TO ORGANIZATIONAL UNITS.—The Secretary shall, with respect to the regulations
issued under subsection (b)—
(1) communicate the regulations to the organizational units
of the Forest Service; and
(2) ensure that the organizational units of the Forest
Service follow the regulations.
(f) DEPOSIT AND AVAILABILITY OF FEES.—
(1) SPECIAL ACCOUNT.—The Secretary of the Treasury shall
establish a special account in the Treasury for the Forest
Service for the deposit of fees collected by the Forest Service
under subsection (c)(3) for communications use authorizations
on covered land granted, issued, or executed by the Forest
Service.
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PUBLIC LAW 115–334—DEC. 20, 2018
(2) REQUIREMENTS FOR FEES COLLECTED.—Fees collected
by the Forest Service under subsection (c)(3) shall be—
(A) based on the costs described in subsection (c)(3);
and
(B) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site.
(3) DEPOSIT OF FEES.—Fees collected by the Forest Service
under subsection (c)(3) shall be deposited in the special account
established for the Forest Service under paragraph (1).
(4) AVAILABILITY OF FEES.—Amounts deposited in the special account for the Forest Service shall be available, to the
extent and in such amounts as are provided in advance in
appropriation Acts, to the Secretary to cover costs incurred
by the Forest Service described in subsection (c)(3), including
the following:
(A) Preparing needs assessments or other programmatic analyses necessary to designate communications
sites and issue communications use authorizations.
(B) Developing management plans for communications
sites.
(C) Training for management of communications sites.
(D) Obtaining or improving access to communications
sites.
(5) NO ADDITIONAL APPROPRIATIONS AUTHORIZED.—Except
as provided in paragraph (4), no other amounts are authorized
to be appropriated to carry out this section.
(g) SAVINGS PROVISIONS.—
(1) REAL PROPERTY AUTHORITIES.—Nothing in this section,
or the amendments made by this section, shall be construed
as providing any executive agency with any new leasing or
other real property authorities not existing prior to the date
of enactment of this Act.
(2) EFFECT ON OTHER LAWS.—Nothing in this section, or
the amendments made by this section, and no actions taken
pursuant to this section, or the amendments made by this
section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease,
reuse, or redevelop any Federal real property pursuant to title
40, United States Code, the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287), or
any other law governing real property activities of the Federal
Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate
the Federal Government to hold, control, or otherwise retain
or use real property that may otherwise be deemed as excess,
surplus, or that could otherwise be sold, leased, or redeveloped.
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43 USC 1748d.
SEC. 8706. REPORT ON WILDFIRE, INSECT INFESTATION, AND DISEASE
PREVENTION ON FEDERAL LAND.
Not later than 180 days after the date of the enactment of
this Act and every year thereafter, the Secretary and the Secretary
of Interior shall submit to the Committee on Agriculture of the
House of Representatives, the Committee on Natural Resources
of the House of Representatives, the Committee on Agriculture,
Nutrition, and Forestry of the Senate, and the Committee on Energy
and Natural Resources of the Senate a jointly written report on—
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132 STAT. 4881
(1) the number of acres of Federal land treated by the
Secretary or the Secretary of the Interior for wildfire, insect
infestation, or disease prevention;
(2) the number of acres of Federal land categorized as
a high or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of
wildfires affecting Federal land treated for wildfire, insect
infestation, or disease prevention;
(5) the number of acres and average fire intensity of
wildfires affecting Federal land not treated for wildfire, insect
infestation, or disease prevention;
(6) the Federal response time for each fire on greater
than 25,000 acres;
(7) the number of miles of roads and trails on Federal
land in need of maintenance;
(8) the number of miles of roads on Federal land in need
of decommissioning;
(9) the maintenance backlog, as of the date of the report,
for roads, trails, and recreational facilities on Federal land;
(10) other measures needed to maintain, improve, or restore
water quality on Federal land; and
(11) other measures needed to improve ecosystem function
or resiliency on Federal land.
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SEC. 8707. WEST FORK FIRE STATION.
(a) DEFINITIONS.—In this section:
(1) COUNTY.—The term ‘‘County’’ means Dolores County,
Colorado.
(2) WEST FORK FIRE STATION CONVEYANCE PARCEL.—The
term ‘‘West Fork Fire Station Conveyance Parcel’’ means the
parcel of approximately 3.61 acres of National Forest System
land in the County, as depicted on the map entitled ‘‘Map
for West Fork Fire Station Conveyance Parcel’’ and dated
November 21, 2017.
(b) CONVEYANCE OF WEST FORK FIRE STATION CONVEYANCE
PARCEL, DOLORES COUNTY, COLORADO.—
(1) IN GENERAL.—On receipt of a request from the County
and subject to such terms and conditions as are mutually
satisfactory to the Secretary and the County, including such
additional terms as the Secretary determines to be necessary,
the Secretary shall convey to the County without consideration
all right, title, and interest of the United States in and to
the West Fork Fire Station Conveyance Parcel.
(2) COSTS.—Any costs relating to the conveyance under
paragraph (1), including processing and transaction costs, shall
be paid by the County.
(3) USE OF LAND.—The land conveyed to the County under
paragraph (1) shall be used by the County only for a fire
station, related infrastructure, and roads to facilitate access
to and through the West Fork Fire Station Conveyance Parcel.
(4) REVERSION.—If any portion of the land conveyed under
paragraph (1) is used in a manner that is inconsistent with
the use described in paragraph (3), the land shall, at the
discretion of the Secretary, revert to the United States.
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SEC. 8708. COMPETITIVE FORESTRY, NATURAL RESOURCES, AND
ENVIRONMENTAL GRANTS PROGRAM.
Section 1232 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (16 U.S.C. 582a–8) is amended—
(1) in subsection (a) by inserting ‘‘or forest restoration’’
after ‘‘research’’; and
(2) by amending subsection (c) to read as follows:
‘‘(c) PRIORITIES.—
‘‘(1) RESEARCH.—In awarding the initial grants under subsection (a) the Secretary shall give priority to applicants who
will use such grants for research concerning—
‘‘(A) the biology of forest organisms, including physiology, genetic mechanisms, and biotechnology;
‘‘(B) ecosystem function and management, including
forest ecosystem research, biodiversity, forest productivity,
pest management, water resources, and alternative silvicultural systems;
‘‘(C) wood as a raw material, including forest products
and harvesting;
‘‘(D) human forest interactions, including outdoor recreation, public policy formulation, economics, sociology, and
administrative behavior;
‘‘(E) international trade, competition, and cooperation
related to forest products;
‘‘(F) alternative native crops, products, and services
that can be produced from renewable natural resources
associated with privately held forest lands;
‘‘(G) viable economic production and marketing systems
for alternative natural resource products and services;
‘‘(H) economic and environmental benefits of various
conservation practices on forest lands;
‘‘(I) genetic tree improvement; and
‘‘(J) market expansion.
‘‘(2) FOREST RESTORATION.—Grants may be used to support
programs that restore forest tree species native to American
forests that may have suffered severe levels of mortality caused
by non-native insects, plant pathogens, or others pests.
‘‘(A) REQUIRED COMPONENT OF FOREST RESTORATION
STRATEGY.—To receive a grant under this subsection, an
eligible institution shall demonstrate that it offers a program with a forest restoration strategy that incorporates
not less than one of the following components:
‘‘(i) Collection and conservation of native tree
genetic material.
‘‘(ii) Production of propagules of native trees in
numbers large enough for landscape scale restoration.
‘‘(iii) Site preparation of former of native tree
habitat.
‘‘(iv) Planting of native tree seedlings.
‘‘(v) Post-planting maintenance of native trees.
‘‘(B) AWARD OF GRANTS.—The Secretary shall award
competitive grants under this subsection based on the
degree to which the applicant addresses the following criteria:
‘‘(i) Risk posed to the forests of that State by
non-native pests, as measured by such factors as the
number of such pests present in the State.
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132 STAT. 4883
‘‘(ii) The proportion of the State’s forest composed
of species vulnerable to non-native pests present in
the United States.
‘‘(iii) The pests’ rate of spread via natural or
human-assisted means.’’.
TITLE IX—ENERGY
SEC. 9001. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8101) is amended—
(1) in paragraph (4)(A), by striking ‘‘agricultural materials’’
and inserting ‘‘agricultural materials, renewable chemicals,’’;
(2) in paragraph (7)(A), by striking ‘‘into biofuels and
biobased products; and’’ and inserting the following: ‘‘or an
intermediate ingredient or feedstock of renewable biomass into
any 1 or more, or a combination, of—
‘‘(i) biofuels;
‘‘(ii) renewable chemicals; or
‘‘(iii) biobased products; and’’; and
(3) in paragraph (16)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking
‘‘(B)’’ and inserting ‘‘(C)’’; and
(ii) by striking ‘‘that—’’ in the matter preceding
clause (i) and all that follows through the period at
the end of clause (ii) and inserting ‘‘that produces
usable energy from a renewable energy source.’’;
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
‘‘(B) INCLUSIONS.—The term ‘renewable energy system’
includes—
‘‘(i) distribution components necessary to move
energy produced by a system described in subparagraph (A) to the initial point of sale; and
‘‘(ii) other components and ancillary infrastructure
of a system described in subparagraph (A), such as
a storage system.’’.
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SEC. 9002. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8102) is amended—
(1) in subsection (b)(2)(A), by adding at the end the following:
‘‘(iii) RENEWABLE CHEMICALS.—Not later than 180
days after the date of enactment of this clause, the
Secretary shall update the criteria issued under clause
(i) to provide criteria for determining which renewable
chemicals may qualify to receive the label under paragraph (1).’’;
(2) by amending subsection (f) to read as follows:
‘‘(f) MANUFACTURERS OF RENEWABLE CHEMICALS AND BIOBASED
PRODUCTS.—
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(1) NAICS CODES.—The Secretary and the Secretary of
Commerce shall jointly develop North American Industry
Classification System codes for—
‘‘(A) renewable chemicals manufacturers; and
‘‘(B) biobased products manufacturers.
‘‘(2) NATIONAL TESTING CENTER REGISTRY.—The Secretary
shall establish a national registry of testing centers for biobased
products that will serve biobased product manufacturers.’’;
(3) by redesignating subsections (h) through (j) as subsections (j) through (l), respectively;
(4) by inserting after subsection (g) the following:
‘‘(h) STREAMLINING.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, the Secretary shall establish
guidelines for an integrated process under which biobased products may be, in 1 expedited approval process—
‘‘(A) determined to be eligible for a Federal procurement preference under subsection (a); and
‘‘(B) approved to use the ‘USDA Certified Biobased
Product’ label under subsection (b).
‘‘(2) INITIATION.—The Secretary shall ensure that a review
of a biobased product under the integrated qualification process
established pursuant to paragraph (1) may be initiated on
receipt of a recommendation or petition from a manufacturer,
vendor, or other interested party.
‘‘(3) PRODUCT DESIGNATIONS.—The Secretary may issue a
product designation pursuant to subsection (a)(3)(B), or approve
the use of the ‘USDA Certified Biobased Product’ label under
subsection (b), through streamlined procedures, which shall
not be subject to chapter 7 of title 5, United States Code.
‘‘(i) REQUIREMENT OF PROCURING AGENCIES.—A procuring
agency (as defined in subsection (a)(1)) shall not establish regulations, guidance, or criteria regarding the procurement of biobased
products, pursuant to this section or any other law, that impose
limitations on that procurement that are more restrictive than
the limitations established by the Secretary under the regulations
to implement this section.’’;
(5) in subsection (k) (as so redesignated)—
(A) in paragraph (1), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(B) in paragraph (2), by striking ‘‘$2,000,000 for each
of fiscal years 2014 through 2018’’ and inserting
‘‘$3,000,000 for each of fiscal years 2019 through 2023’’;
and
(6) by adding at the end the following:
‘‘(m) RURAL DEVELOPMENT MISSION AREA.—In carrying out this
section, except as provided in subsection (g), the Secretary shall
act through the rural development mission area.’’.
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SEC. 9003. BIOREFINERY ASSISTANCE.
Section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) is amended—
(1) in subsection (b)(3)—
(A) in subparagraph (A), by striking ‘‘produces an
advanced biofuel; and’’ and inserting the following: ‘‘produces any 1 or more, or a combination, of—
‘‘(i) an advanced biofuel;
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132 STAT. 4885
‘‘(ii) a renewable chemical; or
‘‘(iii) a biobased product; and’’; and
(B) in subparagraph (B), by striking ‘‘produces an
advanced biofuel.’’ and inserting the following: ‘‘produces
any 1 or more, or a combination, of—
‘‘(i) an advanced biofuel;
‘‘(ii) a renewable chemical; or
‘‘(iii) a biobased product.’’; and
(2) in subsection (g)—
(A) in paragraph (1)(A)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(iii) $50,000,000 for fiscal year 2019; and
‘‘(iv) $25,000,000 for fiscal year 2020.’’; and
(B) in paragraph (2), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC. 9004. REPOWERING ASSISTANCE PROGRAM.
Section 9004 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8104) is repealed.
SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8105) is amended—
(1) in subsection (e)—
(A) by striking ‘‘The Secretary may’’ and inserting the
following new paragraph:
‘‘(1) AMOUNT.—The Secretary shall’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) FEEDSTOCK.—The total amount of payments made in
a fiscal year under this section to one or more eligible producers
for the production of advanced biofuels derived from a single
eligible commodity, including intermediate ingredients of that
single commodity or use of that single commodity and its intermediate ingredients in combination with another commodity,
shall not exceed one-third of the total amount of funds made
available under subsection (g).’’; and
(2) in subsection (g)—
(A) in paragraph (1)—
(i) in subparagraph (D), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (E), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(F) $7,000,000 for each of fiscal years 2019 through
2023.’’; and
(B) in paragraph (2), by striking ‘‘2014 through 2018’’
and inserting ‘‘2019 through 2023’’.
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SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8106(d)) is amended to read as follows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,000,000 for each
of fiscal years 2019 through 2023.’’.
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SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107) is amended—
(1) in subsection (c)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—
‘‘(A) ASSISTANCE.—In addition to any similar authority,
the Secretary shall provide—
‘‘(i) loan guarantees and grants to agricultural producers and rural small businesses—
‘‘(I) to purchase renewable energy systems,
including systems that may be used to produce
and sell electricity; and
‘‘(II) to make energy efficiency improvements;
and
‘‘(ii) loan guarantees to agricultural producers to
purchase and install energy efficient equipment or systems for agricultural production or processing that
exceed—
‘‘(I) energy efficiency building codes, if
applicable;
‘‘(II) Federal or State energy efficiency standards, if applicable; and
‘‘(III) other energy efficiency standards determined appropriate by the Secretary.
‘‘(B) LIMITATIONS.—With respect to loan guarantees
under subparagraph (A)(ii)—
‘‘(i) if no codes or standards described in such
subparagraph apply to the energy efficient equipment
or system to be purchased or installed pursuant to
such subparagraph, the Secretary shall require, to the
maximum extent practicable, such equipment or
system to meet the same efficiency measurements as
the most efficient available equipment or system in
the market; and
‘‘(ii) the Secretary shall not provide such a loan
guarantee for the purchase or installation of any
energy efficient equipment or system unless more than
one type of such equipment or system is available
in the market.’’; and
(B) in paragraph (3), by adding at the end the following:
‘‘(D) LOAN GUARANTEES FOR ENERGY EFFICIENT EQUIPMENT TO AGRICULTURAL PRODUCERS.—Using funds made
available under paragraphs (1) and (3) of subsection (f),
in each fiscal year the Secretary may use for loan guarantees under paragraph (1)(A)(ii) an amount that does not
exceed 15 percent of such funds.’’;
(2) in subsection (e), by striking ‘‘subsection (g)’’ each place
it appears and inserting ‘‘subsection (f)’’;
(3) by striking subsection (f) and redesignating subsection
(g) as subsection (f); and
(4) in subsection (f)(3) (as so redesignated), by striking
‘‘2014 through 2018’’ and inserting ‘‘2019 through 2023’’.
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SEC. 9008. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.
Section 9009 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8109) is repealed.
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132 STAT. 4887
SEC. 9009. FEEDSTOCK FLEXIBILITY.
Section 9010(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8110(b)) is amended—
(1) in paragraph (1)(A), by striking ‘‘2018’’ and inserting
‘‘2023’’; and
(2) in paragraph (2)(A), by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8111) is amended—
(1) in subsection (a)(6)—
(A) in subparagraph (B)—
(i) in clause (ii)(II), by striking ‘‘and’’ at the end;
(ii) in clause (iii), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(iv) algae.’’; and
(B) in subparagraph (C)—
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) through (vii) as
clauses (iv) through (vi), respectively; and
(2) in subsection (f)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $25,000,000
for each of fiscal years 2019 through 2023.’’; and
(B) by amending paragraph (3) to read as follows:
‘‘(3) TECHNICAL ASSISTANCE.—Effective for fiscal year 2014
and each subsequent fiscal year, funds made available under
this subsection shall be available for the provision of technical
assistance with respect to activities authorized under this section.’’.
SEC. 9011. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end
the following:
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‘‘SEC. 9014. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.
7 USC 8115.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CARBON DIOXIDE.—The term ‘carbon dioxide’ means
carbon dioxide that is produced as a byproduct of the production
of a biobased product.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an
entity that—
‘‘(A) is—
‘‘(i) an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of that Code; or
‘‘(ii) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)));
‘‘(B) has demonstrated knowledge about—
‘‘(i) sequestration and utilization of carbon dioxide;
or
‘‘(ii) aggregation of organic waste from multiple
sources into a single biogas system; and
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‘‘(C) has a demonstrated ability to conduct educational
and technical support programs.
‘‘(b) ESTABLISHMENT.—The Secretary, in consultation with the
Secretary of Energy, shall make competitive grants to eligible entities—
‘‘(1) to provide education to the public about the economic
and emissions benefits of permanent sequestration or utilization
of carbon dioxide with a primary objective of providing benefits
and opportunities for rural businesses, rural communities, and
utilities serving rural communities; or
‘‘(2) to provide education to agricultural producers and
other stakeholders about opportunities for aggregation of
organic waste from multiple sources into a single biogas system.
‘‘(c) FUNDING.—There are authorized to be appropriated for
each of fiscal years 2019 through 2023—
‘‘(1) $1,000,000 to carry out subsection (b)(1); and
‘‘(2) $1,000,000 to carry out subsection (b)(2).’’.
TITLE X—HORTICULTURE
SEC. 10101. SPECIALTY CROPS MARKET NEWS ALLOCATION.
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Section 10107(b) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 1622b(b)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
7 USC 1627c
note.
SEC. 10102. LOCAL AGRICULTURE MARKET PROGRAM.
7 USC 1627c.
‘‘SEC. 210A. LOCAL AGRICULTURE MARKET PROGRAM.
(a) PURPOSE.—The purpose of this section is to combine the
purposes and coordinate the functions, as in effect on the day
before the date of enactment of this Act, of—
(1) the Farmers’ Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer
Direct Marketing Act of 1976 (7 U.S.C. 3005); and
(2) the value-added agricultural product market development grants under section 231(b) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(b)).
(b) LOCAL AGRICULTURE MARKET PROGRAM.—Subtitle A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BEGINNING FARMER OR RANCHER.—The term ‘beginning
farmer or rancher’ has the meaning given the term in section
343(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1991(a)).
‘‘(2) DIRECT PRODUCER-TO-CONSUMER MARKETING.—The
term ‘direct producer-to-consumer marketing’ has the meaning
given the term ‘direct marketing from farmers to consumers’
in section 3 of the Farmer-to-Consumer Direct Marketing Act
of 1976 (7 U.S.C. 3002).
‘‘(3) FAMILY FARM.—The term ‘family farm’ has the meaning
given the term in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)).
‘‘(4) FOOD COUNCIL.—The term ‘food council’ means a food
policy council or food and farm system network, as determined
by the Secretary, that—
‘‘(A) represents—
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132 STAT. 4889
‘‘(i) multiple organizations involved in the production, processing, and consumption of food; and
‘‘(ii) local, Tribal, or State governments; and
‘‘(B) addresses food and farm-related issues and needs
within city, county, State, Tribal region, multicounty
region, or other region designated by the food council or
food system network.
‘‘(5) MAJORITY-CONTROLLED PRODUCER-BASED BUSINESS
VENTURE.—
‘‘(A) IN GENERAL.—The term ‘majority-controlled producer-based business venture’ means a venture greater
than 50 percent of the ownership and control of which
is held by—
‘‘(i) 1 or more producers; or
‘‘(ii) 1 or more entities, 100 percent of the ownership and control of which is held by 1 or more producers.
‘‘(B) ENTITY DESCRIBED.—For purposes of subparagraph
(A), the term ‘entity’ means—
‘‘(i) a partnership;
‘‘(ii) a limited liability corporation;
‘‘(iii) a limited liability partnership; and
‘‘(iv) a corporation.
‘‘(6) MID-TIER VALUE CHAIN.—The term ‘mid-tier value
chain’ means a local or regional supply network that links
independent producers with businesses and cooperatives that
market value-added agricultural products in a manner that—
‘‘(A) targets and strengthens the profitability and
competitiveness of small and medium-sized farms and
ranches that are structured as a family farm; and
‘‘(B) obtains agreement from an eligible agricultural
producer group, farmer or rancher cooperative, or majoritycontrolled producer-based business venture that is engaged
in the value chain on a marketing strategy.
‘‘(7) PARTNERSHIP.—The term ‘partnership’ means a partnership entered into under an agreement between—
‘‘(A) 1 or more eligible partners (as defined in subsection (e)(1)); and
‘‘(B) 1 or more eligible entities (as defined in subsection
(e)(1)).
‘‘(8) PROGRAM.—The term ‘Program’ means the Local Agriculture Market Program established under subsection (b).
‘‘(9) REGIONAL FOOD CHAIN COORDINATION.—The term
‘regional food chain coordination’ means coordination and
collaboration along the supply chain to increase connections
between producers and markets.
‘‘(10) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.
‘‘(11) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The
term ‘socially disadvantaged farmer or rancher’ has the
meaning given the term in section 355(e) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2003(e)).
‘‘(12) VALUE-ADDED AGRICULTURAL PRODUCT.—The term
‘value-added agricultural product’ means any agricultural commodity or product that—
‘‘(A)(i) has undergone a change in physical state;
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132 STAT. 4890
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‘‘(ii) was produced in a manner that enhances the
value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced
value, as determined by the Secretary;
‘‘(iii) is physically segregated in a manner that results
in the enhancement of the value of the agricultural commodity or product;
‘‘(iv) is a source of farm- or ranch-based renewable
energy, including E–85 fuel; or
‘‘(v) is aggregated and marketed as a locally produced
agricultural food product; and
‘‘(B) as a result of the change in physical state or
the manner in which the agricultural commodity or product
was produced, marketed, or segregated—
‘‘(i) the customer base for the agricultural commodity or product is expanded; and
‘‘(ii) a greater portion of the revenue derived from
the marketing, processing, or physical segregation of
the agricultural commodity or product is available to
the producer of the commodity or product.
‘‘(13) VETERAN FARMER OR RANCHER.—The term ‘veteran
farmer or rancher’ has the meaning given the term in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall establish a program, to be known as the ‘Local Agriculture Market
Program’, that—
‘‘(1) supports the development, coordination, and expansion
of—
‘‘(A) direct producer-to-consumer marketing;
‘‘(B) local and regional food markets and enterprises;
and
‘‘(C) value-added agricultural products;
‘‘(2) connects and cultivates regional food economies
through public-private partnerships;
‘‘(3) supports the development of business plans, feasibility
studies, and strategies for value-added agricultural production
and local and regional food system infrastructure;
‘‘(4) strengthens capacity and regional food system development through community collaboration and expansion of midtier value chains;
‘‘(5) improves income and economic opportunities for producers and food businesses through job creation; and
‘‘(6) simplifies the application processes and the reporting
processes for the Program.
‘‘(c) ADMINISTRATION.—In administering the Program, the Secretary shall—
‘‘(1) streamline the Program to better support the activities
carried out by the recipient of a grant under the Program;
‘‘(2) connect producers with local food markets and valueadded agricultural product opportunities;
‘‘(3) partner with cooperative extension services, as appropriate, to provide Program technical assistance and outreach
to Program stakeholders; and
‘‘(4) ensure that the Rural Business-Cooperative Service
and Agricultural Marketing Service provide Program technical
assistance and outreach to Program stakeholders.
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‘‘(d) GRANTS.—
‘‘(1) IN GENERAL.—Under the Program, the Secretary may,
using funds made available under subsection (i), provide grants
for each of fiscal years 2019 through 2023, in accordance with
the purposes of the Program described in subsection (b), for
the conduct of activities described in paragraph (2).
‘‘(2) ELIGIBLE ACTIVITIES.—The recipient of a grant may
use a grant provided under paragraph (1)—
‘‘(A) to support and promote—
‘‘(i) domestic direct producer-to-consumer marketing;
‘‘(ii) farmers’ markets;
‘‘(iii) roadside stands;
‘‘(iv) agritourism activities,
‘‘(v) community-supported agriculture programs; or
‘‘(vi) online sales;
‘‘(B) to support local and regional food business enterprises that engage as intermediaries in indirect producerto-consumer marketing;
‘‘(C) to support the processing, aggregation, distribution, and storage of—
‘‘(i) local and regional food products that are marketed locally or regionally; and
‘‘(ii) value-added agricultural products;
‘‘(D) to encourage the development of value-added agricultural products;
‘‘(E) to assist with business development plans and
feasibility studies;
‘‘(F) to develop marketing strategies for producers of
local food products and value-added agricultural products
in new and existing markets;
‘‘(G) to facilitate regional food chain coordination and
mid-tier value chain development;
‘‘(H) to promote new business opportunities and marketing strategies to reduce on-farm food waste;
‘‘(I) to respond to changing technology needs in direct
producer-to-consumer marketing; or
‘‘(J) to cover expenses relating to costs incurred in—
‘‘(i) obtaining food safety certification; and
‘‘(ii) making changes and upgrades to practices
and equipment to improve food safety.
‘‘(3) CRITERIA AND GUIDELINES.—
‘‘(A) IN GENERAL.—The Secretary shall establish criteria and guidelines for the submission, evaluation, and
funding of proposed projects under paragraph (1) as the
Secretary determines are appropriate.
‘‘(B) PRODUCER OR FOOD BUSINESS BENEFITS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), an application submitted for a grant under paragraph (1) shall include a description of the direct or
indirect producer or food business benefits intended
by the applicant to result from the proposed project
within a reasonable period of time after the receipt
of the grant.
‘‘(ii) EXCEPTION.—Clause (i) shall not apply to a
planning or feasibility project.
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‘‘(4) AMOUNT.—Unless otherwise determined by the Secretary, the amount of a grant under this subsection shall be
not more than $500,000.
‘‘(5) VALUE-ADDED PRODUCER GRANTS.—In the case of a
grant provided under paragraph (1) to an eligible entity
described in subparagraph (B), the following shall apply:
‘‘(A) ADMINISTRATION.—The Secretary shall carry out
this subsection through the Administrator of the Rural
Business-Cooperative Service, in coordination with the
Administrator of the Agricultural Marketing Service.
‘‘(B) ELIGIBLE ENTITIES.—An entity shall be eligible
for a grant under this paragraph if the entity is—
‘‘(i) an independent producer (as determined by
the Secretary) of a value-added agricultural product;
or
‘‘(ii) an agricultural producer group, farmer or
rancher cooperative, or majority-controlled producerbased business venture (as determined by the Secretary).
‘‘(C) PRIORITIES.—The Secretary shall give priority to
applications—
‘‘(i) in the case of an application submitted by
a producer, that are submitted by, or serve—
‘‘(I) beginning farmers or ranchers;
‘‘(II) socially disadvantaged farmers or
ranchers;
‘‘(III) operators of small or medium sized farms
or ranches that are structured as family farms;
or
‘‘(IV) veteran farmers or ranchers; and
‘‘(ii) in the case of an application submitted by
an eligible entity described in subparagraph (B)(ii),
that provide the greatest contribution to creating or
increasing marketing opportunities for producers
described in subclauses (I) through (IV) of clause (i).
‘‘(D) LIMITATION ON USE OF FUNDS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), an eligible entity described in subparagraph (B)
may not use a grant for the purchase or construction
of a building, general purpose equipment, or structure.
‘‘(ii) EXCEPTION.—An eligible entity described in
subparagraph (B) may use not more than $6,500 of
the amount of a grant for an eligible activity described
in paragraph (2)(J) to purchase or upgrade equipment
to improve food safety.
‘‘(E) MATCHING FUNDS.—An eligible entity described
in subparagraph (B) receiving a grant shall contribute an
amount of non-Federal funds that is at least equal to
the amount of Federal funds received.
‘‘(6) FARMERS’ MARKETS AND LOCAL FOOD PROMOTION PROGRAM.—In the case of a grant provided under paragraph (1)
to an eligible entity described in subparagraph (B), the following
shall apply:
‘‘(A) ADMINISTRATION.—The Secretary shall carry out
this subsection through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Rural Business-Cooperative Service.
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‘‘(B) ELIGIBLE ENTITIES.—An entity shall be eligible
to receive a grant under this paragraph if the entity is—
‘‘(i) an agricultural cooperative or other agricultural business entity or a producer network or association, including a community-supported agriculture network or association;
‘‘(ii) a local or Tribal government;
‘‘(iii) a nonprofit corporation;
‘‘(iv) a public benefit corporation;
‘‘(v) an economic development corporation;
‘‘(vi) a regional farmers’ market authority;
‘‘(vii) a food council; or
‘‘(viii) such other entity as the Secretary may designate.
‘‘(C) PRIORITIES.—The Secretary shall give priority to
applications that—
‘‘(i) benefit underserved communities, including
communities that are located in areas of concentrated
poverty with limited access to fresh locally or regionally
grown food; or
‘‘(ii) are used to carry out eligible activities under
a partnership agreement under subsection (e) and have
not received benefits from the Program in the recent
past.
‘‘(D) LIMITATION ON USE OF FUNDS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), an eligible entity described in subparagraph (B)
may not use a grant for the purchase or construction
of a building, general purpose equipment, or structure.
‘‘(ii) EXCEPTION.—An eligible entity described in
subparagraph (B) may use not more than $6,500 of
the amount of a grant for an eligible activity described
in paragraph (2)(J) to purchase or upgrade equipment
to improve food safety.
‘‘(E) MATCHING FUNDS.—An eligible entity described
in subparagraph (B) receiving a grant shall provide
matching funds in the form of cash or an in-kind contribution in an amount that is equal to 25 percent of the total
amount of the Federal portion of the grant.
‘‘(e) PARTNERSHIPS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’
means—
‘‘(i) a producer;
‘‘(ii) a producer network or association;
‘‘(iii) a farmer or rancher cooperative;
‘‘(iv) a majority-controlled producer-based business
venture;
‘‘(v) a food council;
‘‘(vi) a local or Tribal government;
‘‘(vii) a nonprofit corporation;
‘‘(viii) an economic development corporation;
‘‘(ix) a public benefit corporation;
‘‘(x) a community-supported agriculture network
or association; and
‘‘(xi) a regional farmers’ market authority.
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‘‘(B) ELIGIBLE PARTNER.—The term ‘eligible partner’
means—
‘‘(i) a State agency or regional authority;
‘‘(ii) a philanthropic organization;
‘‘(iii) a private corporation;
‘‘(iv) an institution of higher education;
‘‘(v) a commercial, Federal, or Farm Credit System
lending institution; and
‘‘(vi) another entity, as determined by the Secretary.
‘‘(2) GRANTS TO SUPPORT PARTNERSHIPS.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Administrator of the Agricultural Marketing Service, in
accordance with the purposes of the Program described
in subsection (b), shall, using funds made available under
subsection (i), provide grants for each of fiscal years 2019
through 2023 to support partnerships to plan and develop
a local or regional food system.
‘‘(B) GEOGRAPHICAL DIVERSITY.—To the maximum
extent practicable, the Secretary shall ensure geographical
diversity in selecting partnerships to receive grants under
subparagraph (A).
‘‘(3) AUTHORITIES OF PARTNERSHIPS.—A partnership
receiving a grant under paragraph (2) may—
‘‘(A) determine the scope of the regional food system
to be developed, including goals, outreach objectives, and
eligible activities to be carried out;
‘‘(B) determine the local, regional, State, multi-State,
or other geographic area covered;
‘‘(C) create and conduct a feasibility study, implementation plan, and assessment of eligible activities under the
partnership agreement;
‘‘(D) conduct outreach and education to other eligible
entities and eligible partners for potential participation
in the partnership agreement and eligible activities;
‘‘(E) describe measures to be taken through the partnership agreement to obtain funding for the eligible activities to be carried out under the partnership agreement;
‘‘(F) at the request of a producer or eligible entity
desiring to participate in eligible activities under the partnership agreement, act on behalf of the producer or eligible
entity in applying for a grant under subsection (d);
‘‘(G) monitor, evaluate, and periodically report to the
Secretary on progress made toward achieving the objectives
of eligible activities under the partnership agreement; or
‘‘(H) at the conclusion of the partnership agreement,
submit to the Secretary a report describing—
‘‘(i) the results and effects of the partnership agreement; and
‘‘(ii) funds provided under paragraph (4).
‘‘(4) CONTRIBUTION.—A partnership receiving a grant under
paragraph (2) shall provide funding in an amount equal to
not less than 25 percent of the total amount of the Federal
portion of the grant.
‘‘(5) APPLICATIONS.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant
under paragraph (2), a partnership shall submit to the
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4895
Secretary an application at such time, in such manner,
and containing such information as the Secretary considers
necessary to evaluate and select applications.
‘‘(B) COMPETITIVE PROCESS.—The Secretary—
‘‘(i) shall conduct a competitive process to select
applications submitted under subparagraph (A);
‘‘(ii) may assess and rank applications with similar
purposes as a group; and
‘‘(iii) shall make public the criteria to be used
in evaluating applications prior to accepting applications.
‘‘(C) PRIORITY TO CERTAIN APPLICATIONS.—The Secretary may give priority to applications submitted under
subparagraph (A) that—
‘‘(i)(I) leverage significant non-Federal financial
and technical resources; and
‘‘(II) coordinate with other local, State, Tribal, or
national efforts;
‘‘(ii) cover an area that includes distressed lowincome rural or urban communities, including areas
with persistent poverty; or
‘‘(iii) have multiple entities and partners in a partnership.
‘‘(D) PRODUCER OR FOOD BUSINESS BENEFITS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), an application submitted under subparagraph (A)
shall include a description of the direct or indirect
producer or food business benefits intended by the
eligible entity to result from the proposed project
within a reasonable period of time after the receipt
of a grant.
‘‘(ii) EXCEPTION.—Clause (i) shall not apply to a
planning or feasibility project.
‘‘(6) TECHNICAL ASSISTANCE.—On request of an eligible
entity, an eligible partner, or a partnership, the Secretary
may provide technical assistance in carrying out a partnership
agreement.
‘‘(f) SIMPLIFICATION OF APPLICATION AND REPORTING PROCESSES.—
‘‘(1) APPLICATIONS.—The Secretary shall establish a simplified application form for eligible entities that—
‘‘(A) request less than $50,000 under subsection (d);
or
‘‘(B) apply for grants under subsection (d) under a
single application through partnership agreements under
subsection (e).
‘‘(2) REPORTING.—The Secretary shall—
‘‘(A) streamline and simplify the reporting process for
eligible entities; and
‘‘(B) obtain from eligible entities and maintain such
information as the Secretary determines is necessary to
administer and evaluate the Program.
‘‘(g) INTERDEPARTMENTAL COORDINATION.—In carrying out the
Program, to the maximum extent practicable, the Secretary shall
ensure coordination among Federal agencies.
‘‘(h) EVALUATION.—
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132 STAT. 4896
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(1) IN GENERAL.—Using amounts made available under
subsection (i)(3)(E), the Secretary shall conduct an evaluation
of the Program that—
‘‘(A) measures the economic impact of the Program
on new and existing market outcomes;
‘‘(B) measures the effectiveness of the Program in
improving and expanding—
‘‘(i) the regional food economy through public and
private partnerships;
‘‘(ii) the production of value-added agricultural
products;
‘‘(iii) producer-to-consumer marketing, including
direct producer-to-consumer marketing;
‘‘(iv) local and regional food systems, including
regional food chain coordination and business development;
‘‘(v) new business opportunities and marketing
strategies to reduce on-farm food waste;
‘‘(vi) the use of new technologies in producer-toconsumer marketing, including direct producer-to-consumer marketing; and
‘‘(vii) the workforce and capacity of regional food
systems; and
‘‘(C) provides a description of—
‘‘(i) each partnership agreement; and
‘‘(ii) each grant provided under subsection (d).
‘‘(2) REPORT.—Not later than 4 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the evaluation conducted under paragraph (1), including a thorough analysis of the outcomes of
the evaluation.
‘‘(i) FUNDING.—
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $50,000,000 for fiscal year 2019 and each fiscal year
thereafter, to remain available until expended.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $20,000,000
for fiscal year 2019 and each fiscal year thereafter, to remain
available until expended.
‘‘(3) ALLOCATION OF FUNDS.—
‘‘(A) VALUE-ADDED PRODUCER GRANTS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), of the funds
made available to carry out this section for a fiscal
year, 35 percent shall be used for grants under subsection (d)(5).
‘‘(ii) RESERVATION OF FUNDS.—
‘‘(I) MAJORITY-CONTROLLED PRODUCER-BASED
BUSINESS VENTURES.—The total amount of grants
under subsection (d)(5) provided to majority-controlled producer-based business ventures for a
fiscal year shall not exceed 10 percent of the
amount allocated under clause (i).
‘‘(II) BEGINNING, VETERAN, AND SOCIALLY DISADVANTAGED FARMERS AND RANCHERS.—Of the
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4897
funds made available for grants under subsection
(d)(5), 10 percent shall be reserved for grants provided to beginning, veteran, and socially disadvantaged farmers or ranchers.
‘‘(III) MID-TIER VALUE CHAINS.—Of the funds
made available for grants under subsection (d)(5),
10 percent shall be reserved for grants to develop
mid-tier value chains.
‘‘(IV) FOOD SAFETY ASSISTANCE.—Of the funds
made available for grants under subsection (d)(5),
not more than 25 percent shall be reserved for
grants for eligible activities described in subsection
(d)(2)(J).
‘‘(B) FARMERS’ MARKET AND LOCAL FOOD PROMOTION
GRANTS.—Of the funds made available to carry out this
section for a fiscal year, 47 percent shall be used for grants
under subsection (d)(6).
‘‘(C) REGIONAL PARTNERSHIPS.—Of the funds made
available to carry out this section for a fiscal year, 10
percent shall be used to provide grants to support partnerships under subsection (e).
‘‘(D) UNOBLIGATED FUNDS.—Any funds under subparagraph (A), (B), or (C) that are not obligated for the uses
described in that subparagraph, as applicable, by September 30 of the fiscal year for which the funds were
made available—
‘‘(i) shall be available to the agency carrying out
the Program with the unobligated funds to carry out
any function of the Program, as determined by the
Secretary; and
‘‘(ii) may carry over to the next fiscal year.
‘‘(E) ADMINISTRATIVE EXPENSES.—Not greater than 8
percent of amounts made available to provide grants under
subsections (d) and (e) for a fiscal year may be used for
administrative expenses.’’.
(c) CONFORMING AMENDMENTS.—
(1) AGRICULTURAL MARKETING RESOURCE CENTER PILOT
PROJECT.—Section 231 of the Agricultural Risk Protection Act
of 2000 (7 U.S.C. 1632a) is amended—
(A) by striking the section heading and inserting ‘‘agricultural marketing resource center pilot project.’’;
(B) by striking subsections (a), (b), (d), and (e);
(C) in subsection (c)—
(i) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively, and indenting appropriately; and
(ii) by striking the subsection designation and
heading;
(D) in subsection (a) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘Notwithstanding’’ and all that follows through
‘‘paragraph (2)’’ and inserting the following: ‘‘The Secretary shall not use more than 2.5 percent of the
funds made available to carry out the Local Agriculture
Market Program established under section 210A of
the Agricultural Marketing Act of 1946 to establish
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PUBLIC LAW 115–334—DEC. 20, 2018
a pilot project (to be known as the ‘Agricultural Marketing Resource Center’) at an eligible institution
described in subsection (b)’’; and
(ii) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively, and indenting
appropriately; and
(E) in subsection (b) (as so redesignated)—
(i) by redesignating subparagraphs (A) through (C)
as paragraphs (1) through (3), respectively, and
indenting appropriately; and
(ii) in paragraph (1) (as so redesignated), by
striking ‘‘paragraph (1)(A)’’ and inserting ‘‘subsection
(a)(1)’’.
(2) AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.—Section 6402(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter
preceding paragraph (1) by striking ‘‘section 231(d) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; Public
Law 106–224))’’ and inserting ‘‘section 210A(d)(2) of the Agricultural Marketing Act of 1946’’.
(3) LOCAL FOOD PRODUCTION AND PROGRAM EVALUATION.—
Section 10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C.
2204h(b)(2)(B)) is amended by striking ‘‘Farmers’ Market and
Local Food Promotion Program established under section 6
of the Farmer-to-Consumer Direct Marketing Act of 1976 (7
U.S.C. 3005)’’ and inserting ‘‘Local Agriculture Market Program
established under section 210A of the Agricultural Marketing
Act of 1946’’.
(4) PROGRAM METRICS.—Section 6209(a) of the Agricultural
Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking paragraph (1) and inserting the following:
‘‘(1) section 210A of the Agricultural Marketing Act of
1946;’’.
(5) FARMER-TO-CONSUMER DIRECT MARKETING ACT OF 1976.—
(A) Section 4 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3003) is amended—
(i) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(a) IN GENERAL.—The Secretary’’; and
(ii) by adding at the end the following:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.’’.
(B) Sections 6, 7, and 8 of the Farmer-to-Consumer
Direct Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90
Stat. 1983) are repealed.
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SEC. 10103. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
Section 7407(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 5925c(d)) is amended—
(1) in paragraph (1)—
(A) in the paragraph heading, by striking ‘‘THROUGH
FISCAL YEAR 2012’’; and
(B) by striking ‘‘$5,000,000, to remain available until
expended.’’ and inserting the following: ‘‘, to remain available until expended—
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132 STAT. 4899
‘‘(A) $5,000,000 for each of the periods of fiscal years
2008 through 2012 and 2014 through 2018; and
‘‘(B) $5,000,000 for the period of fiscal years 2019
through 2023.’’;
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2) (as so redesignated)—
(A) by striking ‘‘paragraphs (1) and (2)’’ and inserting
‘‘paragraph (1)’’; and
(B) by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 10104. ORGANIC CERTIFICATION.
7 USC 6503 note.
(a) EXCLUSIONS FROM CERTIFICATION.—Not later than 1 year
after the date of enactment of this Act, the Secretary shall issue
regulations to limit the type of organic operations that are excluded
from certification under section 205.101 of title 7, Code of Federal
Regulations, and from certification under any other related sections
under part 205 of title 7, Code of Federal Regulations.
(b) DEFINITIONS.—Section 2103 of the Organic Foods Production
Act of 1990 (7 U.S.C. 6502) is amended—
(1) in paragraph (3)—
(A) by striking ‘‘The term’’ and inserting the following:
‘‘(A) IN GENERAL.—The term’’; and
(B) by adding at the end the following:
‘‘(B) FOREIGN OPERATIONS.—When used in the context
of a certifying agent operating in a foreign country, the
term ‘certifying agent’ includes any person (including a
private entity)—
‘‘(i) accredited in accordance with section 2115(d);
or
‘‘(ii) accredited by a foreign government that acted
under an equivalency agreement negotiated between
the United States and the foreign government from
which the agricultural product is imported.’’;
(2) by redesignating paragraphs (13) through (21) as paragraphs (14) through (22), respectively; and
(3) by inserting after paragraph (12) the following:
‘‘(13) NATIONAL ORGANIC PROGRAM IMPORT CERTIFICATE.—
The term ‘national organic program import certificate’ means
a form developed for purposes of the program under this title—
‘‘(A) to provide documentation sufficient to verify that
an agricultural product imported for sale in the United
States satisfies the requirement under section 2115(c);
‘‘(B) which shall include, at a minimum, information
sufficient to indicate, with respect to the agricultural
product—
‘‘(i) the origin;
‘‘(ii) the destination;
‘‘(iii) the certifying agent issuing the national
organic program import certificate;
‘‘(iv) the harmonized tariff code, if a harmonized
tariff code exists for the agricultural product;
‘‘(v) the total weight; and
‘‘(vi) the organic standard to which the agricultural
product is certified; and
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132 STAT. 4900
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(C) that is not more than otherwise required under
an equivalency agreement negotiated between the United
States and the foreign government.’’.
(c) ACCREDITATION PROGRAM.—Section 2115 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6514) is amended by striking
subsection (c) and inserting the following:
‘‘(c) ADDITIONAL DOCUMENTATION AND VERIFICATION.—The Secretary, acting through the Deputy Administrator of the national
organic program established under this title, has the authority,
and shall grant a certifying agent the authority, to require producers
and handlers to provide additional documentation or verification
before granting a certification under section 2104, in the case of
a compliance risk with respect to meeting the national standards
for organic production established under section 2105, as determined by the Secretary or the certifying agent.
‘‘(d) ACCREDITATION OF FOREIGN ORGANIC CERTIFICATION PROGRAM.—
‘‘(1) IN GENERAL.—For an agricultural product being
imported into the United States to be represented as organically
produced, the Secretary shall require the agricultural product
to be accompanied by a complete and valid national organic
import certificate, which shall be available as an electronic
record.
‘‘(2) TRACKING SYSTEM.—
‘‘(A) IN GENERAL.—The Secretary shall establish a
system to track national organic import certificates.
‘‘(B) INTEGRATION.—In establishing the system under
subparagraph (A), the Secretary may integrate the system
into any existing information tracking systems for imports
of agricultural products.
‘‘(e) DURATION OF ACCREDITATION.—An accreditation made
under this section—
‘‘(1) subject to paragraph (2), shall be for a period of not
more than 5 years, as determined appropriate by the Secretary;
‘‘(2) in the case of a certifying agent operating in a foreign
country, shall be for a period of time that is consistent with
the certification of a domestic certifying agent, as determined
appropriate by the Secretary; and
‘‘(3) may be renewed.’’.
(d) REQUIREMENTS OF CERTIFYING AGENTS.—Section 2116 of
the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is
amended—
(1) in subsection (i)—
(A) in paragraph (1), by inserting ‘‘or an entity acting
as an agent of the certifying agent’’ after ‘‘a certifying
agent’’;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
‘‘(2) OVERSIGHT OF CERTIFYING OFFICES AND FOREIGN OPERATIONS.—
‘‘(A) IN GENERAL.—If the Secretary determines that
an office of a certifying agent or entity described in paragraph (1) is not complying with the provisions of this
title, the Secretary may suspend the operations of the
certifying agent or the noncompliant office, including—
‘‘(i) an office operating in a foreign country; and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4901
‘‘(ii) an office operating in the United States,
including an office acting on behalf of a foreign-domiciled entity.
‘‘(B) PROCESS FOR RESUMING OPERATIONS FOLLOWING
SUSPENSION.—The Secretary shall provide for a process
that is otherwise consistent with this section that authorizes a suspended office to resume operations.’’; and
(2) by adding at the end the following:
‘‘(j) NOTICE.—Not later than 90 days after the date on which
a new certifying office performing certification activities opens, an
accredited certifying agent shall notify the Secretary of the
opening.’’.
(e) CERTAIN EMPLOYEES ELIGIBLE TO SERVE AS NATIONAL
ORGANIC STANDARDS BOARD MEMBERS.—Section 2119(b) of the
Organic Foods Production Act of 1990 (7 U.S.C. 6518(b)) is
amended—
(1) in paragraph (1), by inserting ‘‘, or employees of such
individuals’’ after ‘‘operation’’;
(2) in paragraph (2), by inserting ‘‘, or employees of such
individuals’’ after ‘‘operation’’; and
(3) in paragraph (3), by inserting ‘‘, or an employee of
such individual’’ after ‘‘products’’.
(f) NATIONAL ORGANIC STANDARDS BOARD.—Section 2119(i) of
the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is
amended—
(1) by striking ‘‘Two-thirds’’ and inserting the following:
‘‘(1) IN GENERAL.—2⁄3’’; and
(2) by adding at the end the following:
‘‘(2) NATIONAL LIST.—Any vote on a motion proposing to
amend the national list shall be considered to be a decisive
vote that requires 2⁄3 of the votes cast at a meeting of the
Board at which a quorum is present to prevail.’’.
(g) INVESTIGATIONS.—Section 2120(b) of the Organic Foods
Production Act (7 U.S.C. 6519(b)) is amended by adding at the
end the following:
‘‘(3) INFORMATION SHARING DURING ACTIVE INVESTIGATION.—In carrying out this title, all parties to an active investigation (including certifying agents, State organic certification
programs, and the national organic program) shall share confidential business information with Federal Government officers
and employees involved in the investigation as necessary to
fully investigate and enforce potential violations of this title.’’.
(h) DATA ORGANIZATION AND ACCESS.—Section 2122 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended
by adding at the end the following:
‘‘(c) ACCESS TO DATA DOCUMENTATION SYSTEMS.—The Secretary
shall have access to available data from cross-border documentation
systems administered by other Federal agencies, including the Automated Commercial Environment system of U.S. Customs and
Border Protection.
‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—Not later than March 1, 2020, and
annually thereafter through March 1, 2023, the Secretary shall
submit to Congress, and make publicly available on the website
of the Department of Agriculture, a report describing national
organic program activities with respect to all domestic and
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overseas investigations and compliance actions taken pursuant
to this title during the preceding year.
‘‘(2) REQUIREMENTS.—The data described in paragraph (1)
shall be broken down by agricultural product, quantity, value,
and month.
‘‘(3) EXCEPTION.—Any data determined by the Secretary
to be confidential business information shall not be provided
in the report under paragraph (1).’’.
(i) ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY
WORKING GROUP.—The Organic Foods Production Act of 1990 is
amended by inserting after section 2122 (7 U.S.C. 6521) the following:
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7 USC 6521a.
‘‘SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY WORKING GROUP.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary and the Secretary of
Homeland Security shall jointly establish a working group to
facilitate coordination and information sharing between the
Department of Agriculture and U.S. Customs and Border
Protection relating to imports of organically produced agricultural products (referred to in this section as the ‘working
group’).
‘‘(2) MEMBERS.—The working group—
‘‘(A) shall include—
‘‘(i) the Secretary (or a designee); and
‘‘(ii) the Secretary of Homeland Security (or a designee); and
‘‘(B) shall not include any non-Federal officer or
employee.
‘‘(3) DUTIES.—The working group shall facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection for the purposes of—
‘‘(A) identifying imports of organically produced agricultural products;
‘‘(B) verifying the authenticity of organically produced
agricultural product import documentation, such as
national organic program import certificates;
‘‘(C) ensuring imported agricultural products represented as organically produced meet the requirements
under this title;
‘‘(D) collecting and organizing quantitative data on
imports of organically produced agricultural products; and
‘‘(E) requesting feedback from stakeholders on how
to improve the oversight of imports of organically produced
agricultural products.
‘‘(4) DESIGNATED EMPLOYEES AND OFFICIALS.—An employee
or official designated to carry out the duties of the Secretary
or the Secretary of Homeland Security on the working group
under subparagraph (A) or (B) of paragraph (2) shall be an
employee or official compensated at a rate of pay not less
than the minimum annual rate of basic pay for GS–12 under
section 5332 of title 5, United States Code.
‘‘(b) REPORTS.—On an annual basis, the working group shall
submit to Congress and make publicly available on the websites
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4903
of the Department of Agriculture and U.S. Customs and Border
Protection the following reports:
‘‘(1) ORGANIC TRADE ENFORCEMENT INTERAGENCY COORDINATION REPORT.—A report—
‘‘(A) identifying existing barriers to cooperation
between the agencies involved in agricultural product
import inspection, trade data collection and organization,
and organically produced agricultural product trade
enforcement, including—
‘‘(i) U.S. Customs and Border Protection;
‘‘(ii) the Agricultural Marketing Service; and
‘‘(iii) the Animal and Plant Health Inspection
Service;
‘‘(B) assessing progress toward integrating organic
trade enforcement into import inspection procedures of U.S.
Customs and Border Protection and the Animal and Plant
Health Inspection Service, including an assessment of—
‘‘(i) the status of the development of systems for—
‘‘(I) tracking the fumigation of imports of
organically produced agricultural products into the
United States; and
‘‘(II) electronically verifying national organic
program import certificate authenticity; and
‘‘(ii) training of U.S. Customs and Border Protection personnel on—
‘‘(I) the use of the systems described in clause
(i); and
‘‘(II) requirements and protocols under this
title;
‘‘(C) establishing methodology for ensuring imports of
agricultural products represented as organically produced
meet the requirements under this title;
‘‘(D) recommending steps to improve the documentation
and traceability of imported organically produced agricultural products;
‘‘(E) recommending and describing steps for—
‘‘(i) improving compliance with the requirements
of this title for all agricultural products imported into
the United States and represented as organically produced; and
‘‘(ii) ensuring accurate labeling and marketing of
imported agricultural products represented as organically produced by the exporter; and
‘‘(F) describing staffing needs and additional resources
at U.S. Customs and Border Protection and the Department
of Agriculture needed to ensure compliance.
‘‘(2) REPORT ON ENFORCEMENT ACTIONS TAKEN ON ORGANIC
IMPORTS.—A report—
‘‘(A) providing detailed quantitative data (broken down
by agricultural product, quantity, value, month, and origin)
on imports of agricultural products represented as organically produced found to be fraudulent or lacking any documentation required under this title at the port of entry
during the report year;
‘‘(B) providing data on domestic enforcement actions
taken on imported agricultural products represented as
organically produced, including the number and type of
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132 STAT. 4904
PUBLIC LAW 115–334—DEC. 20, 2018
actions taken by United States officials at ports of entry
in response to violations of this title;
‘‘(C) providing data on fumigation of agricultural products represented as organically produced at ports of entry
and notifications of fumigation actions to shipment owners,
broken down by product variety and country of origin;
and
‘‘(D) providing information on enforcement activities
under this title involving overseas investigations and
compliance actions taken within that year, including—
‘‘(i) the number of investigations by country; and
‘‘(ii) a descriptive summary of compliance actions
taken by certifying agents in each country.’’.
(j) AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC
PROGRAM.—Section 2123 of the Organic Foods Production Act of
1990 (7 U.S.C. 6522) is amended—
(1) by striking the section heading and inserting
‘‘FUNDING’’;
(2) in subsection (b), by striking paragraphs (1) through
(7) and inserting the following:
‘‘(1) $15,000,000 for fiscal year 2018;
‘‘(2) $16,500,000 for fiscal year 2019;
‘‘(3) $18,000,000 for fiscal year 2020;
‘‘(4) $20,000,000 for fiscal year 2021;
‘‘(5) $22,000,000 for fiscal year 2022; and
‘‘(6) $24,000,000 for fiscal year 2023.’’; and
(3) by striking subsection (c) and inserting the following:
‘‘(c) MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL
TRADE TECHNOLOGY SYSTEMS AND DATA COLLECTION.—
‘‘(1) IN GENERAL.—The Secretary shall establish a new
system or modify an existing data collection and organization
system to collect and organize in a single system quantitative
data on imports of each organically produced agricultural
product accepted into the United States.
‘‘(2) ACTIVITIES.—In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to
ensure full traceability to the port of entry without unduly
hindering trade or commerce, such as through an electronic
trade document exchange system.
‘‘(3) ACCESS.—The single system established under paragraph (1) shall be accessible by any agency with the direct
authority to engage in—
‘‘(A) inspection of imports of agricultural products;
‘‘(B) trade data collection and organization; or
‘‘(C) enforcement of trade requirements for organically
produced agricultural products.
‘‘(4) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for
fiscal year 2019 for the purposes of—
‘‘(A) carrying out this subsection; and
‘‘(B) maintaining the database and technology upgrades
previously carried out under this subsection, as in effect
on the day before the date of enactment of the Agriculture
Improvement Act of 2018.
‘‘(5) AVAILABILITY.—The amounts made available under
paragraph (4) are in addition to any other funds made available
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132 STAT. 4905
for the purposes described in that paragraph and shall remain
available until expended.’’.
(k) TRADE SAVINGS PROVISION.—The amendments made by subsection (i) shall be carried out in a manner consistent with United
States obligations under international agreements.
7 USC 6521a
note.
SEC. 10105. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.
(a) ELIMINATION OF DIRECTED DELEGATION.—Section 10606(a)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
6523(a)) is amended by striking ‘‘(acting through the Agricultural
Marketing Service)’’.
(b) FUNDING.—Section 10606 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 6523) is amended by striking
subsection (d) and inserting the following:
‘‘(d) MANDATORY FUNDING.—
‘‘(1) IN GENERAL.—Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section—
‘‘(A) $2,000,000 for each of fiscal years 2019 and 2020;
‘‘(B) $4,000,000 for fiscal year 2021; and
‘‘(C) $8,000,000 for each of fiscal years 2022 and 2023.
‘‘(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended.’’.
SEC. 10106. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 7655a(c)) is amended by striking ‘‘2018’’ and
inserting ‘‘2023’’.
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SEC. 10107. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of 2004
(7 U.S.C. 1621 note; Public Law 108–465) is amended—
(1) in subsection (a)—
(A) by striking ‘‘2018’’ and inserting ‘‘2023’’; and
(B) by striking ‘‘solely to enhance the competitiveness
of specialty crops.’’ and inserting the following: ‘‘to enhance
the competitiveness of specialty crops, including—
‘‘(1) by leveraging efforts to market and promote specialty
crops;
‘‘(2) by assisting producers with research and development
relevant to specialty crops;
‘‘(3) by expanding availability and access to specialty crops;
‘‘(4) by addressing local, regional, and national challenges
confronting specialty crop producers; and
‘‘(5) for such other purposes determined to be appropriate
by the Secretary of Agriculture, in consultation with specialty
crop stakeholders and relevant State departments of agriculture.’’;
(2) in subsection (j)—
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ‘‘Not later’’ and inserting the
following:
‘‘(1) IN GENERAL.—Not later’’; and
(C) by adding at the end the following:
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(2) ADMINISTRATION OF MULTISTATE PROJECTS FROM NONPARTICIPATING STATES.—The Secretary of Agriculture may
directly administer all aspects of multistate projects under this
subsection for applicants in a nonparticipating State.’’;
(3) in subsection (k), by adding at the end the following:
‘‘(3) EVALUATION.—
‘‘(A) PERFORMANCE MEASURES AND REVIEW.—
‘‘(i) DEVELOPMENT.—The Secretary of Agriculture
and the State departments of agriculture, in consultation with specialty crop stakeholders, shall develop
performance measures to be used as the sole means
of performing any evaluation of the grant program
established under this section.
‘‘(ii) REVIEW.—The Secretary of Agriculture, in consultation with the State departments of agriculture,
shall periodically evaluate the performance of the grant
program established under this section.
‘‘(B) COOPERATIVE AGREEMENTS.—The Secretary of
Agriculture may enter into cooperative agreements—
‘‘(i) to develop the performance measures under
subparagraph (A)(i); or
‘‘(ii) to evaluate the overall performance of the
grant program established under this section.’’; and
(4) in subsection (l)(2)(E), by inserting ‘‘and each fiscal
year thereafter’’ after ‘‘2018’’.
SEC. 10108. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.
(a) ASEXUALLY REPRODUCED DEFINED.—Section 41(a) of the
Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended—
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), (8), and (9) as paragraphs (2), (3), (4), (5), (6), (7), (8),
(9), and (10), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
‘‘(1) ASEXUALLY REPRODUCED.—The term ‘asexually
reproduced’ means produced by a method of plant propagation
using vegetative material (other than seed) from a single
parent, including cuttings, grafting, tissue culture, and propagation by root division.’’.
(b) RIGHT TO PLANT VARIETY PROTECTION; PLANT VARIETIES
PROTECTABLE.—Section 42(a) of the Plant Variety Protection Act
(7 U.S.C. 2402(a)) is amended by striking ‘‘or tuber propagated’’
and inserting ‘‘, tuber propagated, or asexually reproduced’’.
(c) INFRINGEMENT OF PLANT VARIETY PROTECTION.—Section
111(a)(3) of the Plant Variety Protection Act (7 U.S.C. 2541(a)(3))
is amended by inserting ‘‘or asexually’’ after ‘‘sexually’’.
(d) FALSE MARKETING; CEASE AND DESIST ORDERS.—Section
128(a) of the Plant Variety Protection Act (7 U.S.C. 2568(a)) is
amended, in the matter preceding paragraph (1), by inserting ‘‘or
asexually’’ after ‘‘sexually’’.
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SEC. 10109. MULTIPLE CROP AND PESTICIDE USE SURVEY.
(a) IN GENERAL.—The Secretary, acting through the Director
of the Office of Pest Management Policy, shall conduct a multiple
crop and pesticide use survey of farmers to collect data for risk
assessment modeling and mitigation for an active ingredient.
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(b) SUBMISSION.—The Secretary shall submit to the Administrator of the Environmental Protection Agency and make publicly
available the survey described in subsection (a).
(c) FUNDING.—
(1) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $500,000 for fiscal year 2019, to remain available until
expended.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $2,500,000,
to remain available until expended.
(d) CONFIDENTIALITY OF INFORMATION.—Section 1770 of the
Food Security Act of 1985 (7 U.S.C. 2276) is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) In the case’’ and inserting the
following:
‘‘(a) IN GENERAL.—In the case’’; and
(B) in paragraph (3), by striking ‘‘subsection (d)(12)’’
and inserting ‘‘paragraph (12) or (13) of subsection (d)’’;
and
(2) in subsection (d)—
(A) by striking ‘‘(d) For purposes’’ and inserting the
following:
‘‘(d) PROVISIONS OF LAW REFERENCES.—For purposes’’;
(B) in paragraph (11), by striking ‘‘or’’ at the end;
(C) in paragraph (12), by striking the period at the
end and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(13) section 10109 of the Agriculture Improvement Act
of 2018.’’.
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SEC. 10110. REPORT ON THE ARRIVAL IN THE UNITED STATES OF
FOREST PESTS THROUGH RESTRICTIONS ON THE
IMPORTATION OF CERTAIN PLANTS FOR PLANTING.
Not later than March 1, 2021, the Secretary shall submit to
Congress a report—
(1) evaluating the effectiveness of the Federal Government
in intercepting pests in international shipping and on plants
for planting;
(2) describing the geographic sources of intercepted pests
and the commodities or plant species most often associated
with infested shipments;
(3) quantifying the detection of forest pests in the national
surveillance networks, including the Cooperative Agricultural
Pest Survey and the Early Detection and Rapid Response network of the Forest Service;
(4) describing new outbreaks of forest pests in the United
States and the spread of existing infestations;
(5) describing how the numbers of such interceptions, detections, and outbreaks described in a preceding paragraph have
changed since January 1, 2018;
(6) containing proposed additional actions to further reduce
the rate of arrival for forest pests across the borders of the
United States;
(7) identifying current challenges with intercepting,
detecting, and addressing outbreaks of tree and wood pests,
as well as challenges in achieving compliance with the Plant
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PUBLIC LAW 115–334—DEC. 20, 2018
Protection Act (7 U.S.C. 7701 et seq.) and recommendations
with respect to such challenges; and
(8) describing the coordination and collaboration occurring
between the Animal and Plant Health Inspection Service and
the Forest Service with respect to—
(A) identifying and prioritizing critical detection,
surveillance, and eradication needs for tree and wood pests;
and
(B) identifying the actions each agency takes within
their respective missions to address identified priorities.
SEC. 10111. REPORT ON PLANT BIOSTIMULANTS.
(a) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the President
and Congress that identifies any potential regulatory, non-regulatory, and legislative recommendations, including the appropriateness of any definitions for plant biostimulant, to ensure the efficient
and appropriate review, approval, uniform national labeling, and
availability of plant biostimulant products to agricultural producers.
(b) CONSULTATION.—The Secretary shall prepare the report
required by subsection (a) in consultation with the Administrator
of the Environmental Protection Agency, the several States,
industry stakeholders, and such other stakeholders as the Secretary
determines necessary.
(c) PLANT BIOSTIMULANT.—For the purposes of the report under
subsection (a), the Secretary—
(1) shall consider ‘‘plant biostimulant’’ to be a substance
or micro-organism that, when applied to seeds, plants, or the
rhizosphere, stimulates natural processes to enhance or benefit
nutrient uptake, nutrient efficiency, tolerance to abiotic stress,
or crop quality and yield; and
(2) may modify the description of plant biostimulant, as
appropriate.
SEC. 10112. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL ASSISTANCE.
Section 11 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714i) is amended in the last sentence by inserting after
‘‘activities’’ the following: ‘‘but excluding any amounts used to provide technical assistance under title X of the Agriculture Improvement Act of 2018 or an amendment made by that title’’.
SEC. 10113. HEMP PRODUCTION.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) is amended by adding at the end the following:
‘‘Subtitle G—Hemp Production
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7 USC 1639o.
‘‘SEC. 297A. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis
sativa L. and any part of that plant, including the seeds thereof
and all derivatives, extracts, cannabinoids, isomers, acids, salts,
and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
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132 STAT. 4909
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture.
‘‘(4) STATE.—The term ‘State’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia;
‘‘(C) the Commonwealth of Puerto Rico; and
‘‘(D) any other territory or possession of the United
States.
‘‘(5) STATE DEPARTMENT OF AGRICULTURE.—The term ‘State
department of agriculture’ means the agency, commission, or
department of a State government responsible for agriculture
in the State.
‘‘(6) TRIBAL GOVERNMENT.—The term ‘Tribal government’
means the governing body of an Indian tribe.
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‘‘SEC. 297B. STATE AND TRIBAL PLANS.
7 USC 1639p.
‘‘(a) SUBMISSION.—
‘‘(1) IN GENERAL.—A State or Indian tribe desiring to have
primary regulatory authority over the production of hemp in
the State or territory of the Indian tribe shall submit to the
Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer
of the State) or the Tribal government, as applicable, a plan
under which the State or Indian tribe monitors and regulates
that production as described in paragraph (2).
‘‘(2) CONTENTS.—A State or Tribal plan referred to in paragraph (1)—
‘‘(A) shall only be required to include—
‘‘(i) a practice to maintain relevant information
regarding land on which hemp is produced in the State
or territory of the Indian tribe, including a legal
description of the land, for a period of not less than
3 calendar years;
‘‘(ii) a procedure for testing, using postdecarboxylation or other similarly reliable methods,
delta-9 tetrahydrocannabinol concentration levels of
hemp produced in the State or territory of the Indian
tribe;
‘‘(iii) a procedure for the effective disposal of—
‘‘(I) plants, whether growing or not, that are
produced in violation of this subtitle; and
‘‘(II) products derived from those plants;
‘‘(iv) a procedure to comply with the enforcement
procedures under subsection (e);
‘‘(v) a procedure for conducting annual inspections
of, at a minimum, a random sample of hemp producers
to verify that hemp is not produced in violation of
this subtitle;
‘‘(vi) a procedure for submitting the information
described in section 297C(d)(2), as applicable, to the
Secretary not more than 30 days after the date on
which the information is received; and
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132 STAT. 4910
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(vii) a certification that the State or Indian tribe
has the resources and personnel to carry out the practices and procedures described in clauses (i) through
(vi); and
‘‘(B) may include any other practice or procedure established by a State or Indian tribe, as applicable, to the
extent that the practice or procedure is consistent with
this subtitle.
‘‘(3) RELATION TO STATE AND TRIBAL LAW.—
‘‘(A) NO PREEMPTION.—Nothing in this subsection preempts or limits any law of a State or Indian tribe that—
‘‘(i) regulates the production of hemp; and
‘‘(ii) is more stringent than this subtitle.
‘‘(B) REFERENCES IN PLANS.—A State or Tribal plan
referred to in paragraph (1) may include a reference to
a law of the State or Indian tribe regulating the production
of hemp, to the extent that law is consistent with this
subtitle.
‘‘(b) APPROVAL.—
‘‘(1) IN GENERAL.—Not later than 60 days after receipt
of a State or Tribal plan under subsection (a), the Secretary
shall—
‘‘(A) approve the State or Tribal plan if the State
or Tribal plan complies with subsection (a); or
‘‘(B) disapprove the State or Tribal plan only if the
State or Tribal plan does not comply with subsection (a).
‘‘(2) AMENDED PLANS.—If the Secretary disapproves a State
or Tribal plan under paragraph (1)(B), the State, through the
State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the
Tribal government, as applicable, may submit to the Secretary
an amended State or Tribal plan that complies with subsection
(a).
‘‘(3) CONSULTATION.—The Secretary shall consult with the
Attorney General in carrying out this subsection.
‘‘(c) AUDIT OF STATE COMPLIANCE.—
‘‘(1) IN GENERAL.—The Secretary may conduct an audit
of the compliance of a State or Indian tribe with a State
or Tribal plan approved under subsection (b).
‘‘(2) NONCOMPLIANCE.—If the Secretary determines under
an audit conducted under paragraph (1) that a State or Indian
tribe is not materially in compliance with a State or Tribal
plan—
‘‘(A) the Secretary shall collaborate with the State or
Indian tribe to develop a corrective action plan in the
case of a first instance of noncompliance; and
‘‘(B) the Secretary may revoke approval of the State
or Tribal plan in the case of a second or subsequent
instance of noncompliance.
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to a State or Indian tribe in the development
of a State or Tribal plan under subsection (a).
‘‘(e) VIOLATIONS.—
‘‘(1) IN GENERAL.—A violation of a State or Tribal plan
approved under subsection (b) shall be subject to enforcement
solely in accordance with this subsection.
‘‘(2) NEGLIGENT VIOLATION.—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4911
‘‘(A) IN GENERAL.—A hemp producer in a State or
the territory of an Indian tribe for which a State or Tribal
plan is approved under subsection (b) shall be subject to
subparagraph (B) of this paragraph if the State department
of agriculture or Tribal government, as applicable, determines that the hemp producer has negligently violated
the State or Tribal plan, including by negligently—
‘‘(i) failing to provide a legal description of land
on which the producer produces hemp;
‘‘(ii) failing to obtain a license or other required
authorization from the State department of agriculture
or Tribal government, as applicable; or
‘‘(iii) producing Cannabis sativa L. with a delta9 tetrahydrocannabinol concentration of more than 0.3
percent on a dry weight basis.
‘‘(B) CORRECTIVE ACTION PLAN.—A hemp producer
described in subparagraph (A) shall comply with a plan
established by the State department of agriculture or Tribal
government, as applicable, to correct the negligent violation, including—
‘‘(i) a reasonable date by which the hemp producer
shall correct the negligent violation; and
‘‘(ii) a requirement that the hemp producer shall
periodically report to the State department of agriculture or Tribal government, as applicable, on the
compliance of the hemp producer with the State or
Tribal plan for a period of not less than the next
2 calendar years.
‘‘(C) RESULT OF NEGLIGENT VIOLATION.—A hemp producer that negligently violates a State or Tribal plan under
subparagraph (A) shall not as a result of that violation
be subject to any criminal enforcement action by the Federal Government or any State government, Tribal government, or local government.
‘‘(D) REPEAT VIOLATIONS.—A hemp producer that negligently violates a State or Tribal plan under subparagraph
(A) 3 times in a 5-year period shall be ineligible to produce
hemp for a period of 5 years beginning on the date of
the third violation.
‘‘(3) OTHER VIOLATIONS.—
‘‘(A) IN GENERAL.—If the State department of agriculture or Tribal government in a State or the territory
of an Indian tribe for which a State or Tribal plan is
approved under subsection (b), as applicable, determines
that a hemp producer in the State or territory has violated
the State or Tribal plan with a culpable mental state
greater than negligence—
‘‘(i) the State department of agriculture or Tribal
government, as applicable, shall immediately report
the hemp producer to—
‘‘(I) the Attorney General; and
‘‘(II) the chief law enforcement officer of the
State or Indian tribe, as applicable; and
‘‘(ii) paragraph (1) of this subsection shall not apply
to the violation.
‘‘(B) FELONY.—
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‘‘(i) IN GENERAL.—Except as provided in clause
(ii), any person convicted of a felony relating to a
controlled substance under State or Federal law before,
on, or after the date of enactment of this subtitle
shall be ineligible, during the 10-year period following
the date of the conviction—
‘‘(I) to participate in the program established
under this section or section 297C; and
‘‘(II) to produce hemp under any regulations
or guidelines issued under section 297D(a).
‘‘(ii) EXCEPTION.—Clause (i) shall not apply to any
person growing hemp lawfully with a license, registration, or authorization under a pilot program authorized
by section 7606 of the Agricultural Act of 2014 (7
U.S.C. 5940) before the date of enactment of this subtitle.
‘‘(C) FALSE STATEMENT.—Any person who materially
falsifies any information contained in an application to
participate in the program established under this section
shall be ineligible to participate in that program.
‘‘(f) EFFECT.—Nothing in this section prohibits the production
of hemp in a State or the territory of an Indian tribe—
‘‘(1) for which a State or Tribal plan is not approved under
this section, if the production of hemp is in accordance with
section 297C or other Federal laws (including regulations);
and
‘‘(2) if the production of hemp is not otherwise prohibited
by the State or Indian tribe.
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7 USC 1639q.
‘‘SEC. 297C. DEPARTMENT OF AGRICULTURE.
‘‘(a) DEPARTMENT OF AGRICULTURE PLAN.—
‘‘(1) IN GENERAL.—In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under section
297B, the production of hemp in that State or the territory
of that Indian tribe shall be subject to a plan established
by the Secretary to monitor and regulate that production in
accordance with paragraph (2).
‘‘(2) CONTENT.—A plan established by the Secretary under
paragraph (1) shall include—
‘‘(A) a practice to maintain relevant information
regarding land on which hemp is produced in the State
or territory of the Indian tribe, including a legal description
of the land, for a period of not less than 3 calendar years;
‘‘(B) a procedure for testing, using post-decarboxylation
or
other
similarly
reliable
methods,
delta-9
tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
‘‘(C) a procedure for the effective disposal of—
‘‘(i) plants, whether growing or not, that are produced in violation of this subtitle; and
‘‘(ii) products derived from those plants;
‘‘(D) a procedure to comply with the enforcement procedures under subsection (c)(2);
‘‘(E) a procedure for conducting annual inspections of,
at a minimum, a random sample of hemp producers to
verify that hemp is not produced in violation of this subtitle; and
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132 STAT. 4913
‘‘(F) such other practices or procedures as the Secretary
considers to be appropriate, to the extent that the practice
or procedure is consistent with this subtitle.
‘‘(b) LICENSING.—The Secretary shall establish a procedure to
issue licenses to hemp producers in accordance with a plan established under subsection (a).
‘‘(c) VIOLATIONS.—
‘‘(1) IN GENERAL.—In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under section
297B, it shall be unlawful to produce hemp in that State
or the territory of that Indian tribe without a license issued
by the Secretary under subsection (b).
‘‘(2) NEGLIGENT AND OTHER VIOLATIONS.—A violation of
a plan established under subsection (a) shall be subject to
enforcement in accordance with paragraphs (2) and (3) of section 297B(e), except that the Secretary shall carry out that
enforcement instead of a State department of agriculture or
Tribal government.
‘‘(3) REPORTING TO ATTORNEY GENERAL.—In the case of
a State or Indian tribe covered by paragraph (1), the Secretary
shall report the production of hemp without a license issued
by the Secretary under subsection (b) to the Attorney General.
‘‘(d) INFORMATION SHARING FOR LAW ENFORCEMENT.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) collect the information described in paragraph (2);
and
‘‘(B) make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.
‘‘(2) CONTENT.—The information collected by the Secretary
under paragraph (1) shall include—
‘‘(A) contact information for each hemp producer in
a State or the territory of an Indian tribe for which—
‘‘(i) a State or Tribal plan is approved under section
297B(b); or
‘‘(ii) a plan is established by the Secretary under
this section;
‘‘(B) a legal description of the land on which hemp
is grown by each hemp producer described in subparagraph
(A); and
‘‘(C) for each hemp producer described in subparagraph
(A)—
‘‘(i) the status of—
‘‘(I) a license or other required authorization
from the State department of agriculture or Tribal
government, as applicable; or
‘‘(II) a license from the Secretary; and
‘‘(ii) any changes to the status.
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‘‘SEC. 297D. REGULATIONS AND GUIDELINES; EFFECT ON OTHER LAW.
7 USC 1639r.
‘‘(a) PROMULGATION OF REGULATIONS AND GUIDELINES;
REPORT.—
‘‘(1) REGULATIONS AND GUIDELINES.—
‘‘(A) IN GENERAL.—The Secretary shall promulgate
regulations and guidelines to implement this subtitle as
expeditiously as practicable.
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‘‘(B) CONSULTATION WITH ATTORNEY GENERAL.—The
Secretary shall consult with the Attorney General on the
promulgation of regulations and guidelines under subparagraph (A).
‘‘(2) REPORT.—The Secretary shall annually submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report containing updates on the implementation of
this subtitle.
‘‘(b) AUTHORITY.—Subject to subsection (c)(3)(B), the Secretary
shall have sole authority to promulgate Federal regulations and
guidelines that relate to the production of hemp, including Federal
regulations and guidelines that relate to the implementation of
sections 297B and 297C.
‘‘(c) EFFECT ON OTHER LAW.—Nothing in this subtitle shall
affect or modify—
‘‘(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.);
‘‘(2) section 351 of the Public Health Service Act (42 U.S.C.
262); or
‘‘(3) the authority of the Commissioner of Food and Drugs
and the Secretary of Health and Human Services—
‘‘(A) under—
‘‘(i) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); or
‘‘(ii) section 351 of the Public Health Service Act
(42 U.S.C. 262); or
‘‘(B) to promulgate Federal regulations and guidelines
that relate to the production of hemp under the Act
described in subparagraph (A)(i) or the section described
in subparagraph (A)(ii).
7 USC 1639s.
‘‘SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.’’.
7 USC 1639o
note.
SEC. 10114. INTERSTATE COMMERCE.
(a) RULE OF CONSTRUCTION.—Nothing in this title or an amendment made by this title prohibits the interstate commerce of hemp
(as defined in section 297A of the Agricultural Marketing Act of
1946 (as added by section 10113)) or hemp products.
(b) TRANSPORTATION OF HEMP AND HEMP PRODUCTS.—No State
or Indian Tribe shall prohibit the transportation or shipment of
hemp or hemp products produced in accordance with subtitle G
of the Agricultural Marketing Act of 1946 (as added by section
10113) through the State or the territory of the Indian Tribe,
as applicable.
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SEC. 10115. FIFRA INTERAGENCY WORKING GROUP.
Section 3(c) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 13a(c)) is amended by adding at the
end the following:
‘‘(11) INTERAGENCY WORKING GROUP.—
‘‘(A) DEFINITION OF COVERED AGENCY.—In this paragraph, the term ‘covered agency’ means any of the following:
‘‘(i) The Department of Agriculture.
‘‘(ii) The Department of Commerce.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4915
‘‘(iii) The Department of the Interior.
‘‘(iv) The Council on Environmental Quality.
‘‘(v) The Environmental Protection Agency.
‘‘(B) ESTABLISHMENT.—The Administrator shall establish an interagency working group, to be comprised of representatives from each covered agency, to provide recommendations regarding, and to implement a strategy for
improving, the consultation process required under section
7 of the Endangered Species Act of 1973 (16 U.S.C. 1536)
for pesticide registration and registration review.
‘‘(C) DUTIES.—The interagency working group established under subparagraph (B) shall—
‘‘(i) analyze relevant Federal law (including regulations) and case law for purposes of providing an outline
of the legal and regulatory framework for the consultation process referred to in that subparagraph,
including—
‘‘(I) requirements under this Act and the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
‘‘(II) Federal case law regarding the intersection of this Act and the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.); and
‘‘(III) Federal regulations relating to the pesticide consultation process;
‘‘(ii) provide advice regarding methods of—
‘‘(I) defining the scope of actions of the covered
agencies that are subject to the consultation
requirement referred to in subparagraph (B); and
‘‘(II) properly identifying and classifying effects
of actions of the covered agencies with respect
to that consultation requirement;
‘‘(iii) identify the obligations and limitations under
Federal law of each covered agency for purposes of
providing a legal and regulatory framework for developing the recommendations referred to in subparagraph (B);
‘‘(iv) review practices for the consultation referred
to in subparagraph (B) to identify problem areas, areas
for improvement, and best practices for conducting that
consultation among the covered agencies;
‘‘(v) develop scientific and policy approaches to
increase the accuracy and timeliness of the process
for that consultation, in accordance with requirements
of this Act and the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), including—
‘‘(I) processes to efficiently share data and
coordinate analyses among the Department of
Agriculture, the Department of Commerce, the
Department of the Interior, and the Environmental
Protection Agency;
‘‘(II) a streamlined process for identifying
which actions require no consultation, informal
consultation, or formal consultation;
‘‘(III) an approach that will provide clarity
with respect to what constitutes the best scientific
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132 STAT. 4916
PUBLIC LAW 115–334—DEC. 20, 2018
and commercial data available in the fields of pesticide use and ecological risk assessment, pursuant
to section 7(a)(2) of the Endangered Species Act
of 1973 (16 U.S.C. 1536(a)(2)); and
‘‘(IV) approaches that enable the Environmental Protection Agency to better assist the
Department of the Interior and the Department
of Commerce in carrying out obligations under that
section in a timely and efficient manner; and
‘‘(vi) propose and implement a strategy to implement approaches to consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
and document that strategy in a memorandum of
understanding, revised regulations, or another appropriate format to promote durable cooperation among
the covered agencies.
‘‘(D) REPORTS.—
‘‘(i) PROGRESS REPORTS.—
‘‘(I) IN GENERAL.—Not later than 18 months
after the date of enactment of this paragraph,
the Administrator, in coordination with the head
of each other covered agency, shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report
describing the progress of the working group in
developing the recommendations under subparagraph (B).
‘‘(II) REQUIREMENTS.—The report under this
clause shall—
‘‘(aa) reflect the perspectives of each covered agency; and
‘‘(bb) identify areas of new consensus and
continuing topics of disagreement and debate.
‘‘(ii) RESULTS.—
‘‘(I) IN GENERAL.—Not later than 1 year after
the date of enactment of this paragraph, the
Administrator, in coordination with the head of
each other covered agency, shall submit to the
Committee on Agriculture of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report
describing—
‘‘(aa) the recommendations developed
under subparagraph (B); and
‘‘(bb) plans for implementation of those
recommendations.
‘‘(II) REQUIREMENTS.—The report under this
clause shall—
‘‘(aa) reflect the perspectives of each covered agency; and
‘‘(bb) identify areas of consensus and continuing topics of disagreement and debate, if
any.
‘‘(iii) IMPLEMENTATION.—Not later than 1 year
after the date of submission of the report under clause
(i), the Administrator, in coordination with the head
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132 STAT. 4917
of each other covered agency, shall submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—
‘‘(I) the implementation of the recommendations referred to in that clause;
‘‘(II) the extent to which that implementation
improved the consultation process referred to in
subparagraph (B); and
‘‘(III) any additional recommendations for
improvements to the process described in subparagraph (B).
‘‘(iv) OTHER REPORTS.—Not later than the date
that is 180 days after the date of submission of the
report under clause (iii), and not less frequently than
once every 180 days thereafter during the 5-year period
beginning on that date, the Administrator, in coordination with the head of each other covered agency, shall
submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report
describing—
‘‘(I) the implementation of the recommendations referred to in that clause;
‘‘(II) the extent to which that implementation
improved the consultation process referred to in
subparagraph (B); and
‘‘(III) any additional recommendations for
improvements to the process described in subparagraph (B).
‘‘(E) CONSULTATION WITH PRIVATE SECTOR.—In carrying
out the duties under this paragraph, the working group
shall, as appropriate—
‘‘(i) consult with, representatives of interested
industry stakeholders and nongovernmental organizations; and
‘‘(ii) take into consideration factors, such as actual
and potential differences in interest between, and the
views of, those stakeholders and organizations.
‘‘(F) FEDERAL ADVISORY COMMITTEE ACT.—The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the working group established under this paragraph.
‘‘(G) SAVINGS CLAUSE.—Nothing in this paragraph
supersedes any provision of—
‘‘(i) this Act; or
‘‘(ii) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), including the requirements under section
7 of that Act (16 U.S.C. 1536).’’.
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SEC. 10116. STUDY ON METHYL BROMIDE USE IN RESPONSE TO AN
EMERGENCY EVENT.
(a) DEFINITIONS.—In this section:
(1) EMERGENCY EVENT.—The term ‘‘emergency event’’
means a situation—
(A) that occurs at a location on which a plant or commodity is grown or produced or facility providing for the
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132 STAT. 4918
PUBLIC LAW 115–334—DEC. 20, 2018
storage of, or other services with respect to, a plant or
commodity;
(B) for which the lack of availability of methyl bromide
for a particular use would result in significant economic
loss to the owner, lessee, or operator of the location or
facility or the owner, grower, or purchaser of the plant
or commodity; and
(C) that, in light of the specific agricultural, meteorological, or other conditions presented, requires the use of
methyl bromide to control a pest or disease in the location
or facility because there are no technically feasible alternatives to methyl bromide easily accessible by an entity
referred to in subparagraph (B) at the time and location
of the event that—
(i) are registered under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.)
for the intended use or pest to be so controlled; and
(ii) would adequately control the pest or disease
presented at the location or facility.
(2) PEST.—The term ‘‘pest’’ has the meaning given the
term in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
(b) STUDY.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of State and the Administrator of the Environmental
Protection Agency, shall complete a study on the potential
use of methyl bromide in response to an emergency event.
(2) REQUIREMENTS.—The study under paragraph (1) shall
include—
(A) a risk-benefit analysis of authorizing State, local,
or Tribal authorities, in accordance with appropriate
requirements and criteria, such as the recommendations
developed under subparagraph (E)—
(i) to determine when the use of methyl bromide
is required; and
(ii) to authorize such use;
(B) a risk-benefit analysis of authorizing the Secretary,
in accordance with appropriate requirements and criteria,
such as the recommendations developed under subparagraph (E)—
(i) to determine when the use of methyl bromide
is required; and
(ii) to authorize such use;
(C) a historic estimate of situations occurring on or
after September 15, 1997, that could have been deemed
emergency events;
(D) a detailed assessment of the adherence of the
United States to international obligations of the United
States with respect to the prevention of ozone depletion;
and
(E) an assessment and recommendations on appropriate requirements and criteria to be met to authorize
the use of methyl bromide in response to an emergency
event (including any recommendations for revising the definition of the term ‘‘emergency event’’ in subsection (a))
in a manner that fully complies with the Montreal Protocol
on Substances that Deplete the Ozone Layer, including
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132 STAT. 4919
Decision IX/7 of the Ninth Meeting of the Conference of
the Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit a report on the study under
subsection (b) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Forestry, and
Nutrition of the Senate.
TITLE XI—CROP INSURANCE
SEC. 11101. DEFINITIONS.
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C.
1502(b)) is amended—
(1) by redesignating paragraphs (6), (7), (8), (9), (10), and
(11) as paragraphs (7), (8), (10), (11), (12), and (13) respectively;
(2) by inserting after paragraph (5) the following:
‘‘(6) COVER CROP TERMINATION.—The term ‘cover crop
termination’ means a practice that historically and under
reasonable circumstances results in the termination of the
growth of a cover crop.’’; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
‘‘(9) HEMP.—The term ‘hemp’ has the meaning given the
term in section 297A of the Agricultural Marketing Act of
1946.’’.
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SEC. 11102. DATA COLLECTION.
Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C.
1506(h)(2)) is amended—
(1) by striking ‘‘The Corporation’’ and inserting the following:
‘‘(A) IN GENERAL.—The Corporation’’; and
(2) by adding at the end the following:
‘‘(B) NATIONAL AGRICULTURAL STATISTICS SERVICE.—
Data collected by the National Agricultural Statistics
Service, whether published or unpublished, shall be—
‘‘(i) provided in an aggregate form to the Corporation for the purpose of providing insurance under this
subtitle; and
‘‘(ii) kept confidential by the Corporation in the
same manner and to the same extent as is required
under—
‘‘(I) section 1770 of the Food Security Act of
1985 (7 U.S.C. 2276); and
‘‘(II) the Confidential Information Protection
and Statistical Efficiency Act of 2002 (44 U.S.C.
3501 note; Public Law 107–347).
‘‘(C) NONINSURED CROP DISASTER ASSISTANCE PROGRAM.—In collecting data under this subsection, the Secretary shall ensure that—
‘‘(i) appropriate data are collected through the noninsured crop disaster assistance program established
by section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333); and
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‘‘(ii) not less frequently than annually, the Farm
Service Agency shares, and the Corporation considers,
the data described in clause (i).’’.
SEC. 11103. SHARING OF RECORDS.
Section 506(h)(3) of the Federal Crop Insurance Act (7 U.S.C.
1506(h)(3)) is amended by inserting ‘‘applicants who have received
payment under section 522(b)(2)(E),’’ after ‘‘divisions,’’.
SEC. 11104. USE OF RESOURCES.
Section 507(f) of the Federal Crop Insurance Act (7 U.S.C.
1507(f)) is amended—
(1) by striking paragraphs (3) and (4) and inserting the
following:
‘‘(3) the Farm Service Agency, in assisting the Board in—
‘‘(A) the determination of individual producer yields;
‘‘(B) sharing information on beginning farmers and
ranchers and veteran farmers and ranchers;
‘‘(C) investigating potential waste, fraud, or abuse;
‘‘(D) sharing information to support the transition of
crops and counties from the noninsured crop disaster assistance program established by section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) to insurance under this subtitle; and
‘‘(E) serving as a local point of contact for the dissemination of information on risk management options available
to farmers and ranchers; and
‘‘(4) other Federal agencies, in assisting the Board in any
way the Board determines is necessary in carrying out this
subtitle.’’;
(2) in paragraph (2), by striking ‘‘(2) the’’ and inserting
the following:
‘‘(2) the’’; and
(3) by striking ‘‘(f) The Board’’ in the matter preceding
paragraph (1) and all that follows through the semicolon at
the end of paragraph (1) and inserting the following:
‘‘(f) USE OF RESOURCES, DATA, BOARDS, AND COMMITTEES OF
FEDERAL AGENCIES.—If the Board determines it is necessary, the
Board shall use, to the maximum extent practicable, the resources,
data, boards, and the committees of—
‘‘(1) the Natural Resources Conservation Service, in
assisting the Board in—
‘‘(A) the classification of land as to risk and production
capability; and
‘‘(B) the consideration of acceptable conservation practices, including good farming practices with respect to conservation (such as cover crop termination);’’.
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SEC. 11105. SPECIALTY CROPS.
(a) SPECIALTY CROPS COORDINATOR.—Section 507(g) of the Federal Crop Insurance Act (7 U.S.C. 1507(g)) is amended—
(1) by striking the subsection designation and all that
follows through ‘‘The Corporation’’ in paragraph (1) and
inserting the following:
‘‘(g) SPECIALTY CROPS COORDINATOR.—
‘‘(1) IN GENERAL.—The Corporation’’; and
(2) by adding at the end the following:
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132 STAT. 4921
‘‘(4) SPECIALTY CROP LIAISONS.—The Specialty Crops
Coordinator shall—
‘‘(A) designate a Specialty Crops Liaison in each
regional field office; and
‘‘(B) share the contact information of the Specialty
Crops Liaisons with specialty crop producers.
‘‘(5) WEBSITE.—The Specialty Crops Coordinator shall
establish a website focused on the efforts of the Corporation
to provide and expand crop insurance for specialty crop producers.’’.
(b) ADDITION OF SPECIALTY CROPS AND OTHER VALUE-ADDED
CROPS.—Section 508(a)(6) of the Federal Crop Insurance Act (7
U.S.C. 1508(a)(6)) is amended—
(1) in the paragraph heading, by adding at the end the
following: ‘‘(INCLUDING VALUE-ADDED CROPS)’’;
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) ANNUAL REVIEW.—Not later than 1 year after the
date of enactment of the Agriculture Improvement Act
of 2018, and annually thereafter, the manager of the Corporation shall prepare, to the maximum extent practicable,
based on data shared from the noninsured crop disaster
assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333), written agreements, or other data, and
present to the Board not less than 1 of each of the following:
‘‘(i) Research and development for a policy or plan
of insurance for a commodity for which there is no
existing policy or plan of insurance.
‘‘(ii) Expansion of an existing policy or plan of
insurance to additional counties or States, including
malting barley endorsements or contract options.
‘‘(iii) Research and development for a new policy
or plan of insurance, or endorsement, for commodities
with existing policies or plans of insurance, such as
dollar plans.’’;
(3) in subparagraph (B), in the subparagraph heading,
by striking ‘‘ADDITION OF NEW CROPS’’ and inserting ‘‘REPORT’’;
and
(4) by striking subparagraphs (C) and (D).
SEC. 11106. INSURANCE PERIOD.
Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(2)) is amended by striking ‘‘and sweet potatoes’’ and
inserting ‘‘sweet potatoes, and hemp’’.
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SEC. 11107. COVER CROPS.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)) is amended—
(1) in paragraph (3)(B), in the subparagraph heading, by
inserting ‘‘DETERMINATION REVIEW’’ after ‘‘PRACTICES’’; and
(2) by adding at the end the following:
‘‘(11) COVER CROPS.—
‘‘(A) IN GENERAL.—The voluntary practice of cover cropping shall be considered a good farming practice under
paragraph (3)(A)(iii) if the cover crop is terminated in
accordance with subparagraph (B).
‘‘(B) TERMINATION.—
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‘‘(i) IN GENERAL.—The termination of a cover crop
shall be carried out according to—
‘‘(I) guidelines established by the Secretary;
or
‘‘(II) an exception to the guidelines approved
under clause (ii).
‘‘(ii) EXCEPTION TO GUIDELINES.—The Corporation
shall approve an exception to the guidelines under
clause (i)(I) if that exception is recommended by—
‘‘(I) the Natural Resources Conservation
Service; or
‘‘(II) an agricultural expert, as determined by
the Corporation, unless the exception is determined to be unreasonable by the Corporation.
‘‘(C) INSURABILITY OF SUBSEQUENT CROP.—Cover crop
termination shall not affect the insurability of a subsequently planted insurable crop if the cover crop is terminated in accordance with subparagraph (B).
‘‘(D) SUMMER FALLOW.—In a county in which summer
fallow is an insurable practice, a cover crop in that county
that is terminated in accordance with subparagraph (B)
shall be considered as summer fallow for the purpose of
insurability.’’.
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SEC. 11108. UNDERSERVED PRODUCERS.
Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(7)) is amended—
(1) in the paragraph heading, by inserting ‘‘AND UNDERSERVED PRODUCERS’’ after ‘‘STATES’’;
(2) in subparagraph (A)—
(A) by striking the designation and heading and all
that follows through ‘‘the term’’ and inserting the following:
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ADEQUATELY SERVED.—The term’’;
(B) in clause (i) (as so designated), by striking ‘‘participation rate’’ and inserting ‘‘participation rate, by crop,’’;
and
(C) by adding at the end the following:
‘‘(ii) UNDERSERVED PRODUCER.—The term ‘underserved producer’ means an individual (including a
member of an Indian Tribe) that is—
‘‘(I) a beginning farmer or rancher;
‘‘(II) a veteran farmer or rancher; or
‘‘(III) a socially disadvantaged farmer or
rancher.’’;
(3) in subparagraph (B)—
(A) by striking ‘‘The Board’’ and inserting ‘‘Using
resources and information available to the Board or the
Secretary, the Board’’; and
(B) by striking ‘‘subtitle’’ and inserting ‘‘subtitle,
including policies and plans of insurance for underserved
producers,’’; and
(4) by striking subparagraph (C) and inserting the following:
‘‘(C) REPORT.—
‘‘(i) IN GENERAL.—Not later than 30 days after
completion of the review under subparagraph (B), and
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132 STAT. 4923
not less frequently than once every 3 years thereafter,
the Board shall make publicly available and submit
to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing
the results of the review.
‘‘(ii) RECOMMENDATIONS.—The report under clause
(i) shall include recommendations to increase participation in States and among underserved producers that
are not adequately served by the policies and plans
of insurance, including any plans for administrative
action or recommendations for Congressional action.’’.
SEC. 11109. TREATMENT OF FORAGE AND GRAZING.
(a) AVAILABILITY OF CATASTROPHIC RISK PROTECTION FOR CROPS
GRASSES USED FOR GRAZING.—Section 508(b)(1) of the Federal
Crop Insurance Act (7 U.S.C. 1508(b)(1)) is amended—
(1) by striking ‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the’’ and inserting ‘‘The’’; and
(2) by striking subparagraph (B).
(b) COVERAGE FOR FORAGE AND GRAZING.—The Federal Crop
Insurance Act is amended by inserting after section 508C (7 U.S.C.
1508c) the following new section:
AND
‘‘SEC. 508D. COVERAGE FOR FORAGE AND GRAZING.
7 USC 1508d.
‘‘Notwithstanding section 508A, and in addition to any other
available coverage, for crops that can be both grazed and mechanically harvested on the same acres during the same growing season,
producers shall be allowed to purchase separate policies for each
intended use, as determined by the Corporation, and any indemnity
paid under those policies for each intended use shall not be considered to be for the same loss for the purposes of section 508(n).’’.
SEC. 11110. ADMINISTRATIVE BASIC FEE.
Section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)) is amended by striking ‘‘$300’’ and inserting ‘‘$655’’.
SEC. 11111. ENTERPRISE UNITS.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by adding at the end the following:
‘‘(E) ENTERPRISE UNITS ACROSS COUNTY LINES.—The
Corporation may allow a producer to establish a single
enterprise unit by combining an enterprise unit with—
‘‘(i) 1 or more other enterprise units in 1 or more
other counties; or
‘‘(ii) all basic units and all optional units in 1
or more other counties.’’.
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SEC. 11112. CONTINUED AUTHORITY.
Section 508(g) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)) is amended by adding at the end the following new paragraph:
‘‘(6) CONTINUED AUTHORITY.—
‘‘(A) IN GENERAL.—The Corporation shall establish—
‘‘(i) underwriting rules that limit the decrease in
the actual production history of a producer, at the
election of the producer, to not more than 10 percent
of the actual production history of the previous crop
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PUBLIC LAW 115–334—DEC. 20, 2018
year provided that the production decline was the
result of drought, flood, natural disaster, or other
insurable loss (as determined by the Corporation); and
‘‘(ii) actuarially sound premiums to cover additional risk.
‘‘(B) OTHER AUTHORITY.—The authority provided under
subparagraph (A) is in addition to any other authority
that adjusts the actual production history of the producer
under this Act.
‘‘(C) EFFECT.—Nothing in this paragraph shall be construed to require a change in the administration of any
provision of this Act as the Act was administered for the
2018 reinsurance year.’’.
SEC. 11113. SUBMISSION OF POLICIES AND MATERIALS TO BOARD.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)) is amended—
(1) in paragraph (1)(B)—
(A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
(B) in the matter preceding subclause (I) (as so redesignated), by striking ‘‘The Corporation shall’’ and inserting
the following:
‘‘(i) IN GENERAL.—The Corporation shall’’;
(C) in clause (i)(I) (as so redesignated), by inserting
‘‘subject to clause (ii),’’ before ‘‘will likely’’; and
(D) by adding at the end the following:
‘‘(ii) WAIVER FOR HEMP.—The Corporation may
waive the viability and marketability requirement
under clause (i)(I) in the case of a policy or pilot program relating to the production of hemp.’’; and
(2) in paragraph (3)(C)—
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iv) in the case of reviewing policies and other
materials relating to the production of hemp, may
waive the viability and marketability requirement
under subparagraph (A)(ii)(I).’’.
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SEC. 11114. CROP PRODUCTION ON NATIVE SOD.
Section 508(o)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(o)(2)(A)) is amended—
(1) by striking ‘‘During the’’ and inserting the following:
‘‘(i) FIRST 4 CROP YEARS.—During the’’;
(2) in clause (i) (as so designated), by striking ‘‘after the
date of enactment of the Agricultural Act of 2014’’ and inserting
‘‘beginning on February 8, 2014, and ending on the date of
enactment of the Agriculture Improvement Act of 2018’’; and
(3) by adding at the end the following:
‘‘(ii) SUBSEQUENT CROP YEARS.—Native sod acreage
that has been tilled for the production of an insurable
crop after the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to a reduction
in benefits under this subtitle as described in this
paragraph for not more than 4 cumulative years—
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132 STAT. 4925
‘‘(I) during the first 10 years after initial tillage; and
‘‘(II) during each of which a crop on that acreage is insured under subsection (c).’’.
SEC. 11115. USE OF NATIONAL AGRICULTURAL STATISTICS SERVICE
DATA TO COMBAT WASTE, FRAUD, AND ABUSE.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515)
is amended—
(1) in subsection (d)(1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) using published aggregate data from the National
Agricultural Statistics Service or any other data source
to—
‘‘(i) detect yield disparities or other data anomalies
that indicate potential fraud; and
‘‘(ii) target the relevant counties, crops, regions,
companies, or agents associated with that potential
fraud for audits and other enforcement actions.’’; and
(2) in subsection (f)(2)(A), by striking ‘‘pursuant to’’ each
place it appears and inserting ‘‘under’’.
SEC. 11116. SUBMISSION OF INFORMATION TO CORPORATION.
Section 515(g) of the Federal Crop Insurance Act (7 U.S.C.
1515(g)) is amended—
(1) in paragraph (1), by adding at the end the following:
‘‘(D) The actual production history to be used to establish insurable yields.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘The information required by paragraph
(1)’’ and inserting the following:
‘‘(A) IN GENERAL.—The information required to be submitted under subparagraphs (A) through (C) of paragraph
(1)’’; and
(B) by adding at the end the following:
‘‘(B) ACTUAL PRODUCTION HISTORY.—
‘‘(i) IN GENERAL.—The information required to be
submitted under paragraph (1)(D) with respect to an
applicable policy or plan of insurance for a covered
commodity (as defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)) shall be submitted
so as to ensure receipt by the Corporation not later
than the Saturday of the week containing the calendar
day that is 30 days after the applicable production
reporting date for the crop to be insured.
‘‘(ii) CORRECTION OF ERRORS.—Nothing in clause
(i) limits the ability of an approved insurance provider
to correct any error in the information submitted under
paragraph (1)(D) after receipt of the information by
the Corporation in accordance with clause (i).’’.
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SEC. 11117. CONTINUING EDUCATION FOR LOSS ADJUSTERS AND
AGENTS.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515)
is amended—
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132 STAT. 4926
PUBLIC LAW 115–334—DEC. 20, 2018
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
‘‘(k) CONTINUING EDUCATION FOR LOSS ADJUSTERS AND
AGENTS.—
‘‘(1) IN GENERAL.—The Corporation shall establish requirements for continuing education for loss adjusters and agents
of approved insurance providers.
‘‘(2) REQUIREMENTS.—The requirements for continuing education described in paragraph (1) shall ensure that loss
adjusters and agents of approved insurance providers are
familiar with—
‘‘(A) the policies and plans of insurance available under
this Act, including the regulations promulgated to carry
out this Act;
‘‘(B) efforts to promote program integrity through the
elimination of waste, fraud, and abuse; and
‘‘(C) other aspects of adjusting, delivering, and servicing policies and plans of insurance by adjustors and
agents, as determined by the Secretary, including conservation activities and agronomic practices (including organic
and sustainable practices) that are common and appropriate to the area in which the insured crop being inspected
is produced.’’.
SEC. 11118. PROGRAM ADMINISTRATION.
Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7
U.S.C. 1516(b)(2)(C)(i)) is amended by striking ‘‘$9,000,000’’ and
inserting ‘‘$7,000,000’’.
SEC. 11119. AGRICULTURAL COMMODITY.
Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518)
is amended by inserting ‘‘hemp,’’ before ‘‘aquacultural species’’.
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SEC. 11120. MAINTENANCE OF POLICIES.
(a) IN GENERAL.—Section 522(b) of the Federal Crop Insurance
Act (7 U.S.C. 1522(b)) is amended—
(1) in paragraph (1), by amending subparagraph (B) to
read as follows:
‘‘(B) REIMBURSEMENT.—
‘‘(i) IN GENERAL.—An applicant who submits a
policy under section 508(h) shall be eligible for the
reimbursement of reasonable research and development costs if the policy is approved by the Board
for sale to producers.
‘‘(ii) REASONABLE COSTS.—For the purpose of
reimbursing research and development and maintenance costs under this section, costs of the applicant
shall be considered reasonable costs if the costs are
based on—
‘‘(I) for any employees or contracted personnel,
wage rates equal to not more than 2 times the
hourly wage rate plus benefits, as provided by
the Bureau of Labor Statistics for the year in
which such costs are incurred, calculated using
the formula applied to an applicant by the Corporation in reviewing proposed project budgets under
this section on October 1, 2016; and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4927
‘‘(II) other actual documented costs incurred
by the applicant.’’; and
(2) in paragraph (4)—
(A) in subparagraph (C), by striking ‘‘approved insurance provider’’ and inserting ‘‘applicant’’; and
(B) in subparagraph (D)—
(i) in clause (i), by striking ‘‘determined by the
approved insurance provider’’ and inserting ‘‘determined by the applicant’’; and
(ii) by adding at the end the following:
‘‘(iii) REVIEW.—After the Board approves the
amount of a fee under clause (ii), the fee shall remain
in effect and not be reviewed by the Board unless—
‘‘(I) the applicant petitions the Board for
reconsideration of the fee;
‘‘(II) a substantial change is made to the policy,
as determined by the Board; or
‘‘(III) there is substantial evidence that the
fee is inhibiting sales or use of the policy, as determined by the Board.’’.
(b) APPLICABILITY.—
(1) IN GENERAL.—The amendments made by this section
shall apply to reimbursement requests made on or after October
1, 2016.
(2) RESUBMISSION OF DENIED REQUEST.—An applicant that
was denied all or a portion of a reimbursement request under
paragraph (1) of section 522(b) of the Federal Crop Insurance
Act (7 U.S.C. 1522(b)) during the period between October 1,
2016, and the date of the enactment of this Act shall be given
an opportunity to resubmit such request.
7 USC 1522 note.
SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND
MAINTENANCE COSTS.
Section 522(b) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)) is amended—
(1) in paragraph (2), by adding at the end the following:
‘‘(K) WAIVER FOR HEMP.—The Board may waive the
viability and marketability requirements under this paragraph in the case of research and development relating
to a policy to insure the production of hemp.’’; and
(2) in paragraph (3)—
(A) by striking ‘‘The Corporation’’ and inserting the
following:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Corporation’’; and
(B) by adding at the end the following:
‘‘(B) WAIVER FOR HEMP.—The Corporation may waive
the marketability requirement under subparagraph (A) in
the case of research and development relating to a policy
to insure the production of hemp.’’.
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SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C.
1522(c)) is amended—
(1) by striking paragraphs (7) through (18) and (20) through
(23);
(2) by redesignating paragraphs (19) and (24) as paragraphs
(7) and (8), respectively;
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132 STAT. 4928
PUBLIC LAW 115–334—DEC. 20, 2018
(3) in paragraph (7) (as so redesignated) (entitled ‘‘Whole
farm diversified risk management insurance plan’’), by adding
at the end the following:
‘‘(E) REVIEW OF MODIFICATIONS TO IMPROVE EFFECTIVENESS.—
‘‘(i) IN GENERAL.—Not later than 18 months after
the date of enactment of the Agriculture Improvement
Act of 2018—
‘‘(I) the Corporation shall hold stakeholder
meetings to solicit producer and agent feedback;
and
‘‘(II) the Board shall—
‘‘(aa) review procedures and paperwork
requirements on agents and producers; and
‘‘(bb) modify procedures and requirements,
as appropriate, to decrease burdens and
increase flexibility and effectiveness.
‘‘(ii) FACTORS.—In carrying out items (aa) and (bb)
of subclause (i)(II), the Board shall consider—
‘‘(I) removing caps on nursery and livestock
production;
‘‘(II) allowing a waiver to expand operations,
especially for small and beginning farmers;
‘‘(III) minimizing paperwork for producers and
agents;
‘‘(IV) implementing an option for producers
with less than $1,000,000 in gross revenue that
requires significantly less paperwork and recordkeeping;
‘‘(V) developing and using alternative records
such as time-stamped photographs or technology
applications to document planting and production
history;
‘‘(VI) treating the different growth stages of
aquaculture species as separate crops to recognize
the difference in perils at different phases of
growth;
‘‘(VII) moderating the impacts of disaster years
on historic revenue, such as—
‘‘(aa) using an average of the historic and
projected revenue;
‘‘(bb) counting indemnities as historic revenue for loss years;
‘‘(cc) counting payments under section 196
of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333) as historic
revenue for loss years; or
‘‘(dd) using an assigned yield floor similar
to the limitation described in section
508(g)(6)(A)(i), as determined by the Secretary;
‘‘(VIII) improving agent training and outreach
to underserved regions and sectors such as small
dairy farms; and
‘‘(IX) providing coverage and indemnification
of insurable losses—
‘‘(aa) after the losses exceed the deductible; and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4929
‘‘(bb) up to the maximum amount of total
coverage.
‘‘(F) BEGINNING FARMER OR RANCHER DEFINED.—Notwithstanding section 502(b)(3), with respect to plans
described under this paragraph, the term ‘beginning farmer
or rancher’ means a farmer or rancher who has not actively
operated and managed a farm or ranch with a bona fide
insurable interest in a crop or livestock as an owner-operator, landlord, tenant, or sharecropper for more than 10
crop years.’’; and
(4) by inserting after paragraph (8) (as so redesignated)
the following:
‘‘(9) TROPICAL STORM OR HURRICANE INSURANCE.—
‘‘(A) IN GENERAL.—The Corporation shall carry out
research and development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research and development, regarding a policy to insure
crops (including tomatoes, peppers, and citrus) against
losses due to a tropical storm or hurricane.
‘‘(B) RESEARCH AND DEVELOPMENT.—Research and
development under subparagraph (A) shall—
‘‘(i) evaluate the effectiveness of risk management
tools for a low frequency and catastrophic loss weather
event; and
‘‘(ii) result in a policy that provides protection for
at least 1 of the following:
‘‘(I) Production loss.
‘‘(II) Revenue loss.
‘‘(C) REPORT.—Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under this paragraph; and
‘‘(ii) any recommendations with respect to those
results.
‘‘(10) QUALITY LOSS.—
‘‘(A) IN GENERAL.—The Corporation shall carry out
research and development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research and development, regarding the establishment of
each of the following alternative methods of adjusting for
quality losses:
‘‘(i) A method that does not impact the actual
production history of a producer.
‘‘(ii) A method that provides that, in circumstances
in which a producer has suffered a quality loss to
the insured crop of the producer that is insufficient
to trigger an indemnity payment, the producer may
elect to exclude that quality loss from the actual
production history of the producer.
‘‘(iii) 1 or more methods that combine the methods
described in clauses (i) and (ii).
‘‘(B) REQUIREMENTS.—Notwithstanding subsections (g)
and (m) of section 508, any method developed under
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132 STAT. 4930
PUBLIC LAW 115–334—DEC. 20, 2018
subparagraph (A) that is used by the Corporation shall
be—
‘‘(i) optional for a producer to use; and
‘‘(ii) offered at an actuarially sound premium rate.
‘‘(C) REPORT.—Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under subparagraph (A); and
‘‘(ii) any recommendations with respect to those
results.
‘‘(11) CITRUS.—
‘‘(A) IN GENERAL.—The Corporation shall carry out
research and development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research and development, regarding the insurance of
citrus fruit commodities and commodity types, including
research and development of—
‘‘(i) improvements to 1 or more existing policies,
including the whole-farm revenue protection pilot
policy;
‘‘(ii) alternative methods of insuring revenue for
citrus fruit commodities and commodity types; and
‘‘(iii) the development of new, or expansion of
existing, revenue policies for citrus fruit commodities
and commodity types.
‘‘(B) REPORT.—Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under subparagraph (A); and
‘‘(ii) any recommendations with respect to those
results.
‘‘(12) HOPS.—
‘‘(A) IN GENERAL.—The Corporation shall carry out
research and development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research and development, regarding a policy to insure
the production of hops or revenue derived from the production of hops.
‘‘(B) REPORT.—Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under subparagraph (A); and
‘‘(ii) any recommendations with respect to those
results.
‘‘(13) SUBSURFACE IRRIGATION PRACTICES.—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4931
‘‘(A) IN GENERAL.—The Corporation shall carry out
research and development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research and development, regarding the creation of a separate practice for subsurface irrigation, including the
establishment of a separate transitional yield within a
county that is reflective of the average gain in productivity
and yield associated with the installation of a subsurface
irrigation system.
‘‘(B) REPORT.—Not later than 18 months after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under subparagraph (A); and
‘‘(ii) any recommendations with respect to those
results.
‘‘(14) GRAIN SORGHUM.—
‘‘(A) IN GENERAL.—The Corporation shall carry out
research and development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research and development—
‘‘(i) regarding improvements to 1 or more policies
to insure irrigated grain sorghum;
‘‘(ii) regarding alternative methods for producers
with not more than 4 years of production history to
insure irrigated grain sorghum; and
‘‘(iii) to assess, by county, the difference in the
rate, average yield, and coverage level of grain sorghum
policies compared to policies for other feed grains in
that county.
‘‘(B) REPORT.—Not later than 18 months after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under subparagraph (A); and
‘‘(ii) any recommendations with respect to those
results.
‘‘(15) LIMITED IRRIGATION PRACTICES.—
‘‘(A) AUTHORITY.—The Corporation shall—
‘‘(i) consider expanding the availability of the limited irrigation insurance program to neighboring and
similarly situated States (such as the States of Colorado and Nebraska), as determined by the Secretary;
‘‘(ii) carry out research, or offer to enter into 1
or more contracts with 1 or more qualified persons
to carry out research, on the marketability of the
existing limited irrigation insurance program; and
‘‘(iii) make recommendations on how to improve
participation in that program.
‘‘(B) RESEARCH.—In carrying out research under
subparagraph (A), a qualified person shall—
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(i) collaborate with researchers on the subjects
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of—
‘‘(I) reduced irrigation practices or limited
irrigation practices; and
‘‘(II) expected yield reductions following the
application of reduced irrigation;
‘‘(ii) collaborate with State and Federal officials
responsible for the collection of water and the regulation of water use for the purpose of irrigation;
‘‘(iii) provide recommendations to encourage producers to carry out limited irrigation practices or
reduced irrigation and water conservation practices;
and
‘‘(iv) develop web-based applications that will
streamline access to coverage for producers electing
to conserve water use on irrigated crops.
‘‘(C) REPORT.—Not later than 18 months after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research carried out under
subparagraphs (A) and (B);
‘‘(ii) any recommendations to encourage producers
to carry out limited irrigation practices or reduced
irrigation and water conservation practices; and
‘‘(iii) the actions taken by the Corporation to carry
out the recommendations described in clause (ii).
‘‘(16) INSURABLE IRRIGATION PRACTICES FOR RICE.—
‘‘(A) IN GENERAL.—The Corporation shall carry out
research and development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research and development, to include new and innovative
irrigation practices under the current rice policy or the
development of a distinct policy endorsement rated for rice
produced using—
‘‘(i) alternate wetting and drying practices (also
referred to as ‘intermittent flooding’); and
‘‘(ii) furrow irrigation practices.
‘‘(B) REPORT.—Not later than 18 months after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under paragraph (1); and
‘‘(ii) any recommendations with respect to those
results.
‘‘(17) GREENHOUSE POLICY.—
‘‘(A) IN GENERAL.—
‘‘(i) RESEARCH AND DEVELOPMENT.—The Corporation shall carry out research and development, or offer
to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development,
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4933
regarding a policy to insure in a controlled environment
such as a greenhouse—
‘‘(I) the production of floriculture, nursery, and
bedding plants;
‘‘(II) the establishment of cuttings or tissue
culture in a growing medium; or
‘‘(III) other similar production, as determined
by the Secretary.
‘‘(ii) AVAILABILITY OF POLICY.—Notwithstanding
the last sentence of section 508(a)(1), and section
508(a)(2), the Corporation shall make a policy described
in clause (i) available if the requirements of section
508(h) are met.
‘‘(B) RESEARCH AND DEVELOPMENT DESCRIBED.—
Research and development described in subparagraph (A)(i)
shall evaluate the effectiveness of policies for the production
of plants in a controlled environment, including policies
that—
‘‘(i) are based on the risk of—
‘‘(I) plant diseases introduced from the
environment;
‘‘(II) contaminated cuttings, seedlings, or
tissue culture; or
‘‘(III) Federal or State quarantine or destruction orders associated with the contaminated items
described in subclause (II);
‘‘(ii) consider other causes of loss applicable to
a controlled environment, such as a loss of electricity
due to weather;
‘‘(iii) consider appropriate best practices to minimize the risk of loss;
‘‘(iv) consider whether to provide coverage for various types of plants under 1 policy or to provide coverage for 1 species or type of plant per policy;
‘‘(v) have streamlined reporting and paperwork
requirements that take into account short propagation
schedules, variable crop years, and the variety of plants
that may be produced in a single facility; and
‘‘(vi) provide protection for revenue losses.
‘‘(C) REPORT.—Not later than 2 years after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes—
‘‘(i) the results of the research and development
carried out under subparagraphs (A)(i) and (B); and
‘‘(ii) any recommendations with respect to those
results.
‘‘(18) LOCAL FOODS.—
‘‘(A) IN GENERAL.—
‘‘(i) FEASIBILITY STUDY.—The Corporation shall
carry out a study to determine the feasibility of, or
offer to enter into 1 or more contracts with 1 or more
qualified persons to carry out a study to determine
the feasibility of, a policy to insure production—
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‘‘(I) of floriculture, fruits, vegetables, poultry,
livestock, or the products of floriculture, fruits,
vegetables, poultry, or livestock; and
‘‘(II) that is targeted toward local consumers
and markets.
‘‘(ii) AVAILABILITY OF POLICY.—Notwithstanding
the last sentence of section 508(a)(1), and section
508(a)(2), the Corporation shall make available a policy
described in clause (i) if—
‘‘(I) the results of the feasibility study under
clause (i) are viable; and
‘‘(II) the requirements of section 508(h) are
met.
‘‘(B) FEASIBILITY STUDY DESCRIBED.—The feasibility
study described in subparagraph (A)(i) shall evaluate the
effectiveness of policies for production targeted toward local
consumers and markets, including policies that—
‘‘(i) consider small-scale production in various
areas, including urban, suburban, and rural areas;
‘‘(ii) consider a variety of marketing strategies;
‘‘(iii) allow for production in soil and in alternative
systems such as vertical systems, greenhouses, rooftops, or hydroponic systems;
‘‘(iv) consider the price premium when accounting
for production or revenue losses;
‘‘(v) consider whether to provide coverage—
‘‘(I) for various types of production under 1
policy; and
‘‘(II) for 1 species or type of plant per policy;
and
‘‘(vi) have streamlined reporting and paperwork
requirements.
‘‘(C) REPORT.—Not later than 2 years after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that—
‘‘(i) examines whether a version of existing policies
such as the whole-farm revenue protection insurance
plan may be tailored to provide improved coverage
for producers of local foods;
‘‘(ii) describes the results of the feasibility study
carried out under subparagraph (A)(i); and
‘‘(iii) includes any recommendations with respect
to those results.
‘‘(19) HIGH-RISK, HIGHLY PRODUCTIVE BATTURE LAND
POLICY.—
‘‘(A) IN GENERAL.—
‘‘(i) RESEARCH AND DEVELOPMENT.—The Corporation shall carry out research and development, or offer
to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development,
regarding a policy to insure producers of corn, cotton,
and soybeans—
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132 STAT. 4935
‘‘(I) with operations on highly productive
batture land within the Lower Mississippi River
Valley;
‘‘(II) that have a history of production of not
less than 5 years; and
‘‘(III) that have been impacted by more frequent flooding over the past 10 years due to sedimentation or federally constructed engineering
improvements.
‘‘(ii) AVAILABILITY OF POLICY.—Notwithstanding
the last sentence of section 508(a)(1), and section
508(a)(2), the Corporation shall make a policy described
in clause (i) available if the requirements of section
508(h) are met.
‘‘(B) RESEARCH AND DEVELOPMENT DESCRIBED.—
Research and development described in subparagraph (A)(i)
shall evaluate the feasibility of less cost-prohibitive policies
for batture-land producers in high risk areas, including
policies that—
‘‘(i) consider premium rate adjustments;
‘‘(ii) consider automatic yield exclusion for consecutive-year losses; and
‘‘(iii) allow for flexibility of final plant dates and
prevent plant regulations.
‘‘(C) REPORT.—Not later than 2 years after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that—
‘‘(i) examines whether a version of existing policies
may be tailored to provide improved coverage for
batture-land producers;
‘‘(ii) describes the results of the research and
development carried out under subparagraphs (A) and
(B); and
‘‘(iii) includes any recommendations with respect
to those results.’’.
SEC. 11123. FUNDING FOR RESEARCH AND DEVELOPMENT.
Section 522(e)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)(2)(A)) is amended—
(1) by striking ‘‘not more than $12,500,000 for fiscal year
2008 and each subsequent fiscal year.’’ and inserting the following: ‘‘not more than—
‘‘(i) $12,500,000 for each of fiscal years 2008
through 2018; and’’; and
(2) by adding at the end the following:
‘‘(ii) $8,000,000 for fiscal year 2019 and each fiscal
year thereafter.’’.
SEC. 11124. TECHNICAL AMENDMENT TO PILOT PROGRAMS.
Section 523(i)(3)(A) of the Federal Crop Insurance Act (7 U.S.C.
1523(i)(3)(A)) is amended by adding a period at the end.
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SEC. 11125. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
(a) EDUCATION ASSISTANCE.—Section 524(a) of the Federal Crop
Insurance Act (7 U.S.C. 1524(a)) is amended—
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132 STAT. 4936
PUBLIC LAW 115–334—DEC. 20, 2018
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘paragraph (5)’’ and all that follows through ‘‘the
Secretary’’ in subparagraph (B) and inserting ‘‘paragraph
(4), the Secretary’’; and
(B) by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (2)’’;
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;
(4) in paragraph (2) (as so redesignated), in subparagraph
(A)—
(A) by striking ‘‘about the full range of’’ and inserting
‘‘and providing technical assistance to agricultural producers on a full range of farm viability and’’;
(B) by inserting ‘‘business planning, enterprise analysis, transfer and succession planning, management
coaching, market assessment, cash flow analysis,’’ after
‘‘insurance,’’; and
(C) by inserting ‘‘conservation activities,’’ after
‘‘benchmarking,’’;
(5) in paragraph (3) (as so redesignated)—
(A) in the matter preceding subparagraph (A)—
(i) by striking ‘‘programs established under paragraphs (2) and (3)’’ and inserting ‘‘program established
under paragraph (2)’’;
(ii) by inserting ‘‘farm viability and’’ after
‘‘emphasis on’’; and
(iii) by inserting ‘‘, business planning and technical
assistance, market assessment, transfer and succession
planning, and crop insurance participation’’ after
‘‘benchmarking’’;
(B) in subparagraph (D)(i), by striking ‘‘and’’ at the
end; and
(C) by striking subparagraph (E) and inserting the
following:
‘‘(iii) are converting production and marketing systems to pursue new markets; and
‘‘(E) producers that are underserved by the Federal
crop insurance program established under this subtitle,
as determined by the Corporation.’’; and
(6) in paragraph (4) (as so redesignated)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘transferred’’ and all that follows through ‘‘for
the partnerships’’ in subparagraph (B) and inserting ‘‘transferred for the partnerships’’;
(B) by striking ‘‘paragraph (3), $5,000,000 for fiscal
year 2001’’ and inserting ‘‘paragraph (2), $10,000,000 for
fiscal year 2019’’; and
(C) by striking the period at the end and inserting
‘‘, of which not less than $5,000,000 shall be used to carry
out paragraph (3)(E).’’.
(b) CONFORMING AMENDMENTS.—Section 251(f)(1)(D)(ii) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(D)(ii)) is amended—
(1) by striking ‘‘section 524(a)(3)’’ and inserting ‘‘section
524(a)’’; and
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132 STAT. 4937
(2) by striking ‘‘(7 U.S.C. 1524(a)(3))’’ and inserting ‘‘(7
U.S.C. 1524(a))’’.
SEC. 11126. REPEAL OF CROPLAND REPORT ANNUAL UPDATES.
Section 11014 of the Agricultural Act of 2014 (Public Law
113–79; 128 Stat. 963) is amended by striking subsection (c).
TITLE XII—MISCELLANEOUS
Subtitle A—Livestock
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SEC. 12101. ANIMAL DISEASE PREVENTION AND MANAGEMENT.
(a) DEFINITION.—Section 10403 of the Animal Health Protection
Act (7 U.S.C. 8302) is amended by adding at the end the following:
‘‘(18) VETERINARY COUNTERMEASURE.—The term ‘veterinary
countermeasure’ means any biological product (including an
animal vaccine or diagnostic), pharmaceutical product
(including a therapeutic), non-pharmaceutical product
(including a disinfectant), or other product or equipment to
prevent, detect, respond to, or mitigate harm to public or animal
health resulting from, animal pests or diseases.’’.
(b) ANIMAL DISEASE PREPAREDNESS AND RESPONSE.—Section
10409A of the Animal Health Protection Act (7 U.S.C. 8308A)
is amended—
(1) by striking the section heading and inserting ‘‘ANIMAL
DISEASE PREVENTION AND MANAGEMENT’’;
(2) in subsection (a), by striking ‘‘(a) DEFINITION OF
ELIGIBLE LABORATORY.—In this section,’’ and inserting the following:
‘‘(a) NATIONAL ANIMAL HEALTH LABORATORY NETWORK.—
‘‘(1) DEFINITION OF ELIGIBLE LABORATORY.—In this subsection,’’;
(3) in subsection (b)—
(A) in paragraph (2), by redesignating subparagraphs
(A) through (E) as clauses (i) through (v), respectively,
and moving the margins of such clauses (as so redesignated) 2 ems to the right;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and moving
the margins of such subparagraphs (as so redesignated)
2 ems to the right;
(4) by redesignating subsections (b) and (c) as paragraphs
(2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) 2 ems to the right; and
(5) by adding at the end the following:
‘‘(b) NATIONAL ANIMAL DISEASE PREPAREDNESS AND RESPONSE
PROGRAM.—
‘‘(1) PROGRAM REQUIRED.—The Secretary shall establish a
program, to be known as the National Animal Disease
Preparedness and Response Program (referred to in this section
as ‘the Program’), to address the increasing risk of the introduction and spread within the United States of animal pests and
diseases affecting the economic interests of the livestock and
related industries of the United States, including the maintenance and expansion of export markets.
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132 STAT. 4938
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(2) PROGRAM ACTIVITIES.—Activities under the Program
shall include, to the extent practicable, the following:
‘‘(A) Enhancing animal pest and disease analysis and
surveillance.
‘‘(B) Expanding outreach and education.
‘‘(C) Targeting domestic inspection activities at vulnerable points in the safeguarding continuum.
‘‘(D) Enhancing and strengthening threat identification
technology.
‘‘(E) Improving biosecurity.
‘‘(F) Enhancing emergency preparedness and response
capabilities, including training additional emergency
response personnel.
‘‘(G) Conducting technology development to enhance
electronic sharing of animal health data for risk analysis
between State and Federal animal health officials.
‘‘(H) Enhancing the development and effectiveness of
animal health technologies to treat and prevent animal
disease, including—
‘‘(i) veterinary biologics and diagnostics;
‘‘(ii) animal drugs for minor uses and minor species;
‘‘(iii) animal medical devices; and
‘‘(iv) emerging veterinary countermeasures.
‘‘(I) Such other activities as determined appropriate
by the Secretary, in consultation with eligible entities specified in paragraph (3).
‘‘(3) ELIGIBLE ENTITIES.—To carry out the Program, the
Secretary shall offer to enter into cooperative agreements or
other legal instruments, as authorized under section 10413
(referred to in this section as ‘agreements’) with eligible entities,
to be selected by the Secretary, which may include any of
the following entities, either individually or in combination:
‘‘(A) A State department of agriculture.
‘‘(B) The office of the chief animal health official of
a State.
‘‘(C) An entity eligible to receive funds under a capacity
and infrastructure program (as defined in section
251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C))).
‘‘(D) A college of veterinary medicine, including a veterinary emergency team at such college.
‘‘(E) A State or national livestock producer organization
with direct and significant economic interest in livestock
production.
‘‘(F) A State emergency agency.
‘‘(G) A State, national, allied, or regional veterinary
organization or specialty board recognized by the American
Veterinary Medical Association.
‘‘(H) An Indian Tribe.
‘‘(I) A Federal agency.
‘‘(4) SPECIAL FUNDING CONSIDERATIONS.—In entering into
agreements under this subsection, the Secretary shall give priority to applications submitted by—
‘‘(A) a State department of agriculture or an office
of the chief animal health official of a State; or
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132 STAT. 4939
‘‘(B) an eligible entity that will carry out program
activities in a State or region in which—
‘‘(i) an animal pest or disease is a Federal concern;
or
‘‘(ii) the Secretary determines a potential exists
for the spread of an animal pest or disease after taking
into consideration—
‘‘(I) the agricultural industries in the State
or region;
‘‘(II) factors contributing to animal pest or disease in the State or region, such as the climate,
natural resources, and geography of, and native
and exotic wildlife species and other disease vectors in, the State or region; and
‘‘(III) the movement of animals in the State
or region.
‘‘(5) CONSULTATION.—For purposes of setting priorities
under this subsection, the Secretary shall consult with eligible
entities specified in paragraph (3). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultation carried out under this paragraph.
‘‘(6) APPLICATION.—
‘‘(A) IN GENERAL.—An eligible entity specified in paragraph (3) seeking to enter into an agreement under the
Program shall submit to the Secretary an application containing such information as the Secretary may require.
‘‘(B) NOTIFICATION.—The Secretary shall notify each
applicant of—
‘‘(i) the requirements to be imposed on the eligible
entity that is the recipient of funds under the Program
for auditing of, and reporting on, the use of such funds;
and
‘‘(ii) the criteria to be used to ensure activities
supported using such funds are based on sound scientific data or thorough risk assessments.
‘‘(C) NON-FEDERAL CONTRIBUTIONS.—When deciding
whether to enter into an agreement under the Program
with an eligible entity described in paragraph (3), the Secretary—
‘‘(i) may take into consideration an eligible entity’s
ability to contribute non-Federal funds to carry out
such an agreement; and
‘‘(ii) shall not require such an eligible entity to
make such a contribution as a condition to enter into
an agreement.
‘‘(7) USE OF FUNDS.—
‘‘(A) USE CONSISTENT WITH TERMS OF COOPERATIVE
AGREEMENT.—The recipient of funds under the Program
shall use the funds for the purposes and in the manner
provided in the agreement under which the funds are provided.
‘‘(B) SUB-AGREEMENT.—Nothing in this section prevents an eligible entity from using funds received under
the Program to enter into sub-agreements with another
eligible entity or with a political subdivision of a State
that has legal responsibilities relating to animal disease
prevention, surveillance, or rapid response.
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(8) REPORTING REQUIREMENT.—Not later than 90 days
after the date of completion of an activity conducted using
funds provided under the Program, the recipient of such funds
shall submit to the Secretary a report that describes the purposes and results of the activities.’’.
(c) NATIONAL ANIMAL VACCINE AND VETERINARY COUNTERMEASURES BANK.—Section 10409A of the Animal Health Protection
Act (7 U.S.C. 8308A), as amended by subsection (b), is further
amended by inserting after subsection (b) (as added by subsection
(b)(5) of this section) the following:
‘‘(c) NATIONAL ANIMAL VACCINE BANK.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a
national animal vaccine and veterinary countermeasures bank
(to be known as the National Animal Vaccine and Veterinary
Countermeasures Bank and referred to in this subsection as
the ‘Vaccine Bank’) to benefit the domestic interests of the
United States.
‘‘(2) ELEMENTS OF VACCINE BANK.—Through the Vaccine
Bank, the Secretary shall—
‘‘(A) maintain sufficient quantities of veterinary
countermeasures to appropriately and rapidly respond to
the most damaging animal diseases affecting or with potential to affect human health or the economy of the United
States; and
‘‘(B) leverage, when appropriate, the mechanisms and
infrastructure that have been developed for the management, storage, and distribution of the National Veterinary
Stockpile.
‘‘(3) PRIORITY FOR RESPONSE TO FOOT AND MOUTH DISEASE.—The Secretary shall prioritize the acquisition and
maintenance of sufficient quantities of foot and mouth disease
vaccine and accompanying diagnostic products for the Vaccine
Bank. As part of such prioritization, the Secretary may offer
to enter into one or more contracts with one or more entities
that are capable of producing foot and mouth disease vaccine
and that have surge production capacity of the vaccine.’’.
(d) FUNDING.—Section 10409A of the Animal Health Protection
Act (7 U.S.C. 8308A), as amended by subsections (b) and (c), is
further amended by striking subsection (d) and inserting the following:
‘‘(d) FUNDING.—
‘‘(1) MANDATORY FUNDING.—
‘‘(A) FISCAL YEARS 2019 THROUGH 2022.—Of the funds
of the Commodity Credit Corporation, the Secretary shall
make available to carry out this section $120,000,000 for
the period of fiscal years 2019 through 2022, of which
not less than $5,000,000 shall be made available for each
of those fiscal years to carry out subsection (b).
‘‘(B) SUBSEQUENT FISCAL YEARS.—Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $30,000,000 for fiscal
year 2023 and each fiscal year thereafter, of which not
less than $18,000,000 shall be made available for each
of those fiscal years to carry out subsection (b).
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) NATIONAL ANIMAL HEALTH LABORATORY NETWORK.—In addition to the funds made available under
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132 STAT. 4941
paragraph (1), there is authorized to be appropriated
$30,000,000 for each of fiscal years 2019 through 2023
to carry out subsection (a).
‘‘(B) NATIONAL ANIMAL DISEASE PREPAREDNESS AND
RESPONSE PROGRAM; NATIONAL ANIMAL VACCINE AND VETERINARY COUNTERMEASURES BANK.—In addition to the
funds made available under paragraph (1), there is authorized to be appropriated such sums as are necessary for
each of fiscal years 2019 through 2023 to carry out subsections (b) and (c).
‘‘(C) ADDITIONALITY.—The funds authorized for appropriation under this paragraph are in addition to any funds
authorized or otherwise made available under this section
or section 10417.
‘‘(3) ADMINISTRATIVE COSTS.—
‘‘(A) SECRETARY.—Of the funds made available under
this section or section 10417 to carry out the National
Animal Health Laboratory Network under subsection (a)
and the National Animal Disease Preparedness and
Response Program under subsection (b), not more than
4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary.
‘‘(B) ELIGIBLE ENTITIES.—Of the funds made available
under this section or section 10417 to carry out the National
Animal Disease Preparedness and Response Program under
subsection (b), not more than 10 percent may be retained
by an eligible entity that receives funds under any agreement entered into under such subsection, including any
sub-agreement under paragraph (7)(B) of such subsection
to pay administrative costs incurred by the eligible entity
to carry out activities under the Program.
‘‘(4) DURATION OF AVAILABILITY.—Funds made available
under this subsection, including any proceeds credited under
paragraph (5), shall remain available until expended.
‘‘(5) PROCEEDS FROM VETERINARY COUNTERMEASURES
SALES.—Any proceeds of a sale of veterinary countermeasures
from the Vaccine Bank shall be—
‘‘(A) deposited into the Treasury of the United States;
and
‘‘(B) credited to the account for the operation of the
Vaccine Bank to be made available for expenditure without
further appropriation.
‘‘(6) LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.—Funds made available under the National Animal
Health Laboratory Network, the National Animal Disease
Preparedness and Response Program, and the Vaccine Bank
shall not be used for the construction of a new building or
facility or the acquisition or expansion of an existing building
or facility, including site grading and improvement and
architect fees.
‘‘(e) AVAILABILITY AND PURPOSE OF FUNDING.—
‘‘(1) IN GENERAL.—Using the funds made available under
subsection (d), the Secretary of Agriculture shall offer to enter
into contracts, grants, cooperative agreements, or other legal
instruments under subsections (a) through (c) during each of
the fiscal years 2019 through 2023.
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(2) EFFECT.—Nothing in paragraph (1) shall be construed
to terminate a contract, grant, cooperative agreement, or other
legal instrument entered into during the period specified in
such paragraph.’’.
SEC. 12102. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.
Section 209(c) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627a(c)) is amended by striking ‘‘$1,500,000 for fiscal year
2014’’ and inserting ‘‘$2,000,000 for fiscal year 2019’’.
SEC. 12103. FEASIBILITY STUDY ON LIVESTOCK DEALER STATUTORY
TRUST.
(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of establishing a livestock dealer statutory
trust.
(b) CONTENTS.—The study conducted under subsection (a)
shall—
(1) analyze how the establishment of a livestock dealer
statutory trust would affect buyer and seller behavior in markets for livestock (as defined in section 2(a) of the Packers
and Stockyards Act, 1921 (7 U.S.C. 182));
(2) examine how the establishment of a livestock dealer
statutory trust would affect seller recovery in the event of
a livestock dealer payment default;
(3) consider what potential effects a livestock dealer statutory trust would have on credit availability, including impacts
on lenders and lending behavior and other industry participants;
(4) examine unique circumstances common to livestock
dealers and how those circumstances could impact the
functionality of a livestock dealer statutory trust;
(5) study the feasibility of the industry-wide adoption of
electronic funds transfer or another expeditious method of payment to provide sellers of livestock protection from nonsufficient
funds payments;
(6) assess the effectiveness of statutory trusts in other
segments of agriculture, whether similar effects could be experienced under a livestock dealer statutory trust, and whether
authorizing the Secretary to appoint an independent trustee
under the livestock dealer statutory trust would improve seller
recovery;
(7) consider the effects of exempting dealers with average
annual purchases under a de minimis threshold from being
subject to the livestock dealer statutory trust; and
(8) analyze how the establishment of a livestock dealer
statutory trust would affect the treatment of sellers of livestock
as it relates to preferential transfer in bankruptcy.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the findings of the study conducted under subsection
(a).
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SEC. 12104. DEFINITION OF LIVESTOCK.
Section 602(2) of the Emergency Livestock Feed Assistance
Act of 1988 (7 U.S.C. 1471(2)) is amended in the matter preceding
subparagraph (A) by striking ‘‘fish’’ and all that follows through
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132 STAT. 4943
‘‘that—’’ and inserting ‘‘llamas, alpacas, live fish, crawfish, and
other animals that—’’.
SEC. 12105. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8322) is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 12106. VETERINARY TRAINING.
Section 10504 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8318) is amended—
(1) by inserting ‘‘and veterinary teams, including those
based at colleges of veterinary medicine,’’ after ‘‘veterinarians’’;
and
(2) by inserting before the period at the end the following:
‘‘and who are capable of providing effective services before,
during, and after emergencies’’.
SEC. 12107. REPORT ON FSIS GUIDANCE AND OUTREACH TO SMALL
MEAT PROCESSORS.
(a) IN GENERAL.—The Secretary shall offer to enter into a
contract with a land-grant college or university or a non-landgrant college of agriculture (as those terms are defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101)) to review the effectiveness of existing Food Safety and Inspection Service guidance materials and other tools used by small and very small establishments,
as defined by regulations issued by the Food Safety and Inspection
Service, operating under Federal inspection, as in effect on the
date of enactment of this Act, including—
(1) the effectiveness of the outreach conducted by the Food
Safety and Inspection Service to small and very small establishments;
(2) the effectiveness of the guidance materials and other
tools used by the Food Safety and Inspection Service to assist
small and very small establishments; and
(3) the responsiveness of Food Safety and Inspection Service
personnel to inquiries and issues from small and very small
establishments.
(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes—
(1) the results of the review conducted under subsection
(a); and
(2) recommendations on measures the Food Safety and
Inspection Service should take to improve regulatory clarity
and consistency and ensure all guidance materials and other
tools take into account small and very small establishments.
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SEC. 12108. REGIONAL CATTLE AND CARCASS GRADING CORRELATION
AND TRAINING CENTERS.
7 USC 1622 note.
(a) IN GENERAL.—The Secretary shall establish not more than
3 regional centers, to be known as Cattle and Carcass Grading
Correlation and Training Centers (referred to in this section as
the ‘‘Centers’’), to provide education and training for cattle and
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PUBLIC LAW 115–334—DEC. 20, 2018
carcass beef graders of the Agricultural Marketing Service, cattle
producers, and other professionals involved in the reporting,
delivery, and grading of feeder cattle, live cattle, and carcasses—
(1) to limit the subjectivity in the application of beef grading
standards;
(2) to provide producers with greater confidence in the
price of the producers’ cattle; and
(3) to provide investors with both long and short positions
more assurance in the cattle delivery system.
(b) LOCATION.—The Centers shall be located near cattle feeding
and slaughter populations and areas shall be strategically identified
in order to capture regional variances in cattle production.
(c) ADMINISTRATION.—Each Center shall be organized and
administered by offices of the Department of Agriculture in operation on the date on which the respective Center is established,
or in coordination with other appropriate Federal agencies or academic institutions.
(d) TRAINING PROGRAM.—The Centers shall offer intensive
instructional programs involving classroom and field training work
for individuals described in subsection (a).
(e) COORDINATION OF RESOURCES.—Each Center, in carrying
out the functions of the Center, shall make use of information
generated by the Department of Agriculture, the State agricultural
extension and research stations, relevant designated contract markets, and the practical experience of area cattle producers, especially
cattle producers cooperating in on-farm demonstrations, correlations, and research projects.
(f) PROHIBITION ON CONSTRUCTION.—Funds made available to
carry out this section shall not be used for the construction of
a new building or facility or the acquisition, expansion, remodeling,
or alteration of an existing building or facility (including site
grading and improvement, and architect fees). Notwithstanding the
preceding sentence, the Secretary may use funds made available
to carry out this section to provide a Center with payment for
the cost of the rental of a space determined to be necessary by
the Center for conducting training under this section and may
accept donations (including in-kind contributions) to cover such
cost.
Subtitle B—Agriculture and Food Defense
SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY.
Section 14111 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8911) is repealed.
SEC. 12202. OFFICE OF HOMELAND SECURITY.
Subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6911 et seq.) is amended by adding at
the end the following:
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7 USC 6922.
‘‘SEC. 221. OFFICE OF HOMELAND SECURITY.
‘‘(a) DEFINITION OF AGRICULTURE AND FOOD DEFENSE.—In this
section, the term ‘agriculture and food defense’ means any action
to prevent, protect against, mitigate the effects of, respond to,
or recover from a naturally occurring, unintentional, or intentional
threat to the agriculture and food system.
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4945
‘‘(b) AUTHORIZATION.—The Secretary shall establish in the
Department the Office of Homeland Security.
‘‘(c) EXECUTIVE DIRECTOR.—The Office of Homeland Security
shall be headed by an Executive Director, who shall be known
as the Executive Director of Homeland Security.
‘‘(d) DUTIES.—The Executive Director of Homeland Security
shall—
‘‘(1) serve as the principal advisor to the Secretary on
homeland security, including emergency management and agriculture and food defense;
‘‘(2) coordinate activities of the Department, including policies, processes, budget needs, and oversight relating to homeland security, including emergency management and agriculture and food defense;
‘‘(3) act as the primary liaison on behalf of the Department
with other Federal departments and agencies in activities
relating to homeland security, including emergency management and agriculture and food defense, and provide for interagency coordination and data sharing;
‘‘(4)(A) coordinate in the Department the gathering of
information relevant to early warning and awareness of threats
and risks to the food and agriculture critical infrastructure
sector; and
‘‘(B) share that information with, and provide assistance
with interpretation and risk characterization of that information to, the intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)), law
enforcement agencies, the Secretary of Defense, the Secretary
of Homeland Security, the Secretary of Health and Human
Services, and State fusion centers (as defined in section 210A(j)
of the Homeland Security Act of 2002 (6 U.S.C. 124h(j));
‘‘(5) liaise with the Director of National Intelligence to
assist in the development of periodic assessments and intelligence estimates, or other intelligence products, that support
the defense of the food and agriculture critical infrastructure
sector;
‘‘(6) coordinate the conduct, evaluation, and improvement
of exercises to identify and eliminate gaps in preparedness
and response;
‘‘(7) produce a Department-wide centralized strategic
coordination plan to provide a high-level perspective of the
operations of the Department relating to homeland security,
including emergency management and agriculture and food
defense; and
‘‘(8) carry out other appropriate duties, as determined by
the Secretary.
‘‘(e) AGRICULTURE AND FOOD THREAT AWARENESS PARTNERSHIP
PROGRAM.—
‘‘(1) INTERAGENCY EXCHANGE PROGRAM.—The Secretary, in
partnership with the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C. 3003))
and fusion centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)) that have analysis
and intelligence capabilities relating to the defense of the food
and agriculture critical infrastructure sector, shall establish
and carry out an interagency exchange program of personnel
and information to improve communication and analysis for
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PUBLIC LAW 115–334—DEC. 20, 2018
the defense of the food and agriculture critical infrastructure
sector.
‘‘(2) COLLABORATION WITH FEDERAL, STATE, AND LOCAL
AUTHORITIES.—To carry out the program established under
paragraph (1), the Secretary may—
‘‘(A) enter into 1 or more cooperative agreements or
contracts with Federal, State, or local authorities that have
analysis and intelligence capabilities and expertise relating
to the defense of the food and agriculture critical infrastructure sector; and
‘‘(B) carry out any other activity under any other
authority of the Secretary that is appropriate to engage
the authorities described in subparagraph (A) for the
defense of the food and agriculture critical infrastructure
sector, as determined by the Secretary.’’.
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7 USC 8914.
SEC. 12203. AGRICULTURE AND FOOD DEFENSE.
(a) DEFINITIONS.—In this section:
(1) ANIMAL.—The term ‘‘animal’’ has the meaning given
the term in section 10403 of the Animal Health Protection
Act (7 U.S.C. 8302).
(2) DISEASE OR PEST OF CONCERN.—The term ‘‘disease or
pest of concern’’ means a plant or animal disease or pest that—
(A) is—
(i) a transboundary disease; or
(ii) an established disease; and
(B) is likely to pose a significant risk to the food
and agriculture critical infrastructure sector that warrants
efforts at prevention, protection, mitigation, response, and
recovery.
(3) ESTABLISHED DISEASE.—The term ‘‘established disease’’
means a plant or animal disease or pest that—
(A)(i) if it becomes established, poses an imminent
threat to agriculture in the United States; or
(ii) has become established, as defined by the Secretary,
within the United States; and
(B) requires management.
(4) HIGH-CONSEQUENCE PLANT TRANSBOUNDARY DISEASE.—
The term ‘‘high-consequence plant transboundary disease’’
means a transboundary disease that is—
(A)(i) a plant disease; or
(ii) a plant pest; and
(B) of high consequence, as determined by the Secretary.
(5) PEST.—The term ‘‘pest’’—
(A) with respect to a plant, has the meaning given
the term ‘‘plant pest’’ in section 403 of the Plant Protection
Act (7 U.S.C. 7702); and
(B) with respect to an animal, has the meaning given
the term in section 10403 of the Animal Health Protection
Act (7 U.S.C. 8302).
(6) PLANT.—The term ‘‘plant’’ has the meaning given the
term in section 403 of the Plant Protection Act (7 U.S.C. 7702).
(7) PLANT HEALTH MANAGEMENT STRATEGY.—The term
‘‘plant health management strategy’’ means a strategy to timely
control and eradicate a plant disease or plant pest outbreak,
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4947
including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the
use of existing resistant seed stock.
(8) TRANSBOUNDARY DISEASE.—
(A) IN GENERAL.—The term ‘‘transboundary disease’’
means a plant or animal disease or pest that is within
1 or more countries outside of the United States.
(B) INCLUSION.—The term ‘‘transboundary disease’’
includes a plant or animal disease or pest described in
subparagraph (A) that—
(i) has emerged within the United States; or
(ii) has been introduced within the United States.
(9) VETERINARY COUNTERMEASURE.—The term ‘‘veterinary
countermeasure’’ has the meaning given such term in section
10403 of the Animal Health Protection Act (7 U.S.C. 8302).
(b) DISEASE OR PEST OF CONCERN RESPONSE PLANNING.—
(1) IN GENERAL.—The Secretary shall—
(A) establish a list of diseases or pests of concern
by—
(i) developing a process to solicit and receive expert
opinion and evidence relating to the diseases or pests
of concern entered on the list; and
(ii) reviewing all available evidence relating to the
diseases or pests of concern entered on the list,
including classified information; and
(B) periodically update the list established under
subparagraph (A).
(2) RESPONSE PLANS.—
(A) COMPREHENSIVE STRATEGIC RESPONSE PLAN OR
PLANS.—The Secretary shall develop, in collaboration with
appropriate Federal, State, regional, and local officials, a
comprehensive strategic response plan or plans, as appropriate, for the diseases or pests of concern that are entered
on the list established under paragraph (1).
(B) STATE OR REGION RESPONSE PLAN OR PLANS.—The
Secretary shall provide information to a State or region
to assist in producing a response plan or plans that shall
include a concept of operations for a disease or pest of
concern or a platform concept of operations for responses
to similar diseases or pests of concern that are determined
to be a priority to the State or region that shall, as appropriate—
(i) describe the appropriate interactions among,
and roles of—
(I) Federal, State, Tribal, and units of local
government; and
(II) plant or animal industry partners;
(ii) include a decision matrix or dynamic decision
modeling tools that, as appropriate, include—
(I) information and timing requirements necessary for the use of veterinary countermeasures;
(II) plant health management strategies;
(III) deployment of other key materials and
resources; and
(IV) parameters for transitioning from outbreak response to disease management;
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132 STAT. 4948
PUBLIC LAW 115–334—DEC. 20, 2018
(iii) identify key response performance metrics to
establish—
(I) benchmarking to provide assessments of
capabilities, capacity, and readiness to achieve
response goals and objectives;
(II) progressive exercise evaluation; and
(III) continuing improvement of a response
plan, including by providing for—
(aa) ongoing exercises;
(bb) improvement planning and the
implementation of corrective actions to
enhance a response plan over time; and
(cc) strategic information to guide investment in any appropriate research to mitigate
the risk of a disease or pest of concern; and
(iv) be updated periodically, including in response
to—
(I) an exercise evaluation; or
(II) new risk information becoming available
regarding a disease or pest of concern.
(3) COORDINATION OF PLANS.—Pursuant to section 221(d)(6)
of the Department of Agriculture Reorganization Act of 1994,
as added by section 12202, the Secretary shall, as appropriate,
assist in coordinating with other appropriate Federal, State,
regional, or local officials in the exercising of the plans developed under paragraph (2).
(c) NATIONAL PLANT DIAGNOSTIC NETWORK.—
(1) IN GENERAL.—The Secretary shall establish in the
Department of Agriculture a National Plant Diagnostic Network
to monitor and surveil through diagnostics threats to plant
health from diseases or pests of concern in the United States.
(2) REQUIREMENTS.—The National Plant Diagnostic Network established under paragraph (1) shall—
(A) provide for increased awareness, surveillance, early
identification, rapid communication, warning, and diagnosis of a threat to plant health from a disease or pest
of concern to protect natural and agricultural plant
resources;
(B) coordinate and collaborate with agencies of the
Department of Agriculture and State agencies and authorities involved in plant health;
(C) establish diagnostic laboratory standards;
(D) establish regional hubs throughout the United
States that provide expertise, leadership, and support to
diagnostic labs relating to the agricultural crops and plants
in the covered regions of those hubs; and
(E) establish a national repository for records of
endemic or emergent diseases and pests of concern.
(3) HEAD OF NETWORK.—
(A) IN GENERAL.—The Director of the National
Institute of Food and Agriculture shall serve as the head
of the National Plant Diagnostic Network.
(B) DUTIES.—The head of the National Plant Diagnostic Network shall—
(i) coordinate and collaborate with land-grant colleges and universities (as defined in section 1404 of
the National Agricultural Research, Extension, and
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132 STAT. 4949
Teaching Policy Act of 1977 (7 U.S.C. 3103)) in carrying
out the requirements under paragraph (2), including
through cooperative agreements described in paragraph (4);
(ii) partner with the Administrator of the Animal
and Plant Health Inspection Service for assistance with
plant health regulation and inspection; and
(iii) coordinate with other Federal agencies, as
appropriate, in carrying out activities relating to the
National Plant Diagnostic Network, including the
sharing of biosurveillance information.
(4) COLLABORATION WITH LAND-GRANT COLLEGES AND
UNIVERSITIES.—The Secretary shall seek to establish cooperative agreements with land-grant colleges and universities (as
defined in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103))
that have the appropriate level of skill, experience, and competence with plant diseases or pests of concern.
(5) AUTHORIZATION OF APPROPRIATIONS.—In addition to the
amount authorized to carry out this subtitle under section
12205, there is authorized to be appropriated to carry out
this subsection $15,000,000 for each of fiscal years 2019 through
2023.
(d) NATIONAL PLANT DISEASE RECOVERY SYSTEM.—
(1) RECOVERY SYSTEM.—The Secretary shall establish in
the Department of Agriculture a National Plant Disease
Recovery System to engage in strategic long-range planning
to recover from high-consequence plant transboundary diseases.
(2) REQUIREMENTS.—The National Plant Disease Recovery
System established under paragraph (1) shall—
(A) coordinate with disease or pest of concern concept
of operations response plans;
(B) make long-range plans for the initiation of future
research projects relating to high-consequence plant transboundary diseases;
(C) establish research plans for long-term recovery;
(D) plan for the identification and use of specific
genotypes, cultivars, breeding lines, and other diseaseresistant materials necessary for crop stabilization or
improvement; and
(E) establish a watch list of high-consequence plant
transboundary diseases for the purpose of making longrange plans under subparagraph (B).
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SEC. 12204. BIOLOGICAL AGENTS AND TOXINS LIST.
Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended—
(1) in subclause (III), by striking ‘‘and’’ at the end;
(2) by redesignating subclause (IV) as subclause (V); and
(3) by inserting after subclause (III) the following:
‘‘(IV)(aa) whether such inclusion would have
a substantial negative impact on the research and
development of solutions for the animal or plant
disease caused by the agent or toxin; and
‘‘(bb) whether the negative impact described
in item (aa) would substantially outweigh the risk
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posed by the agent or toxin to animal or plant
health if it is not included on the list; and’’.
SEC. 12205. AUTHORIZATION OF APPROPRIATIONS.
In addition to other amounts made available under this subtitle,
there is authorized to be appropriated to carry out this subtitle
$5,000,000 for each of fiscal years 2019 through 2023.
Subtitle C—Historically Underserved
Producers
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SEC. 12301. FARMING OPPORTUNITIES TRAINING AND OUTREACH.
(a) REPEAL.—
(1) IN GENERAL.—Section 7405 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed.
(2) CONFORMING AMENDMENTS.—
(A) Section 226B(e)(2)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(e)(2)(B))
is amended by striking ‘‘the beginning farmer and rancher
development program established under section 7405 of
the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3319f).’’ and inserting ‘‘the beginning farmer and
rancher development grant program established under subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279).’’.
(B) Section 251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D))
is amended by striking clause (iv) and inserting the following:
‘‘(iv) The beginning farmer and rancher development grant program established under subsection (d)
of section 2501 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279).’’.
(C) Section 7506(e) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 7614c(e)) is amended—
(i) in paragraph (2)(C)—
(I) by striking clause (v);
(II) by redesignating clauses (i) through (iv)
as clauses (ii) through (v), respectively;
(III) by inserting before clause (ii) (as so
redesignated) the following:
‘‘(i) each grant and cooperative agreement awarded
under subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279);’’;
(IV) in clause (ii) (as so redesignated), by
striking ‘‘450i(b)(2));’’ and inserting ‘‘3157(b)(2));’’;
and
(V) in clause (iv) (as so redesignated), by
adding ‘‘and’’ at the end; and
(ii) in paragraph (4)—
(I) by striking subparagraph (E);
(II) by redesignating subparagraphs (A)
through (D) as subparagraphs (B) through (E),
respectively;
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132 STAT. 4951
(III) by inserting before subparagraph (B) (as
so redesignated) the following:
‘‘(A) subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279);’’;
(IV) in subparagraph (B) (as so redesignated),
by striking ‘‘450i(b));’’ and inserting ‘‘3157(b));’’;
(V) in subparagraph (D) (as so redesignated),
by adding ‘‘or’’ at the end; and
(VI) in subparagraph (E) (as so redesignated),
by striking ‘‘; or’’ and inserting a period.
(b) OUTREACH AND EDUCATION FOR SOCIALLY DISADVANTAGED
FARMERS AND RANCHERS, VETERAN FARMERS AND RANCHERS, AND
BEGINNING FARMERS AND RANCHERS.—Section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279)
is amended—
(1) by striking the section heading and inserting ‘‘FARMING
OPPORTUNITIES TRAINING AND OUTREACH’’;
(2) by redesignating subsection (i) as paragraph (5) (and
moving the margins of such paragraph 2 ems to the right)
and moving such paragraph (as so redesignated) so as to follow
subsection (a)(4);
(3) by redesignating subsections (a) (as amended by paragraph (2)), (b), (c), (d), (e), (g), and (h) as subsections (c),
(g), (k), (h), (a), (i), and (j), respectively, and moving the subsections so as to appear in alphabetical order;
(4) by moving paragraph (5) of subsection (a) (as so redesignated) so as to appear at the end of subsection (c) (as so
redesignated) and redesignating such paragraph as paragraph
(6);
(5) in subsection (a) (as so redesignated)—
(A) by striking the subsection designation and heading
and inserting the following:
‘‘(a) DEFINITIONS.—In this section:’’;
(B) by redesignating paragraphs (1), (2), (3), (4), and
(6) as paragraphs (6), (5), (1), (3), and (4), respectively,
and moving the paragraphs so as to appear in numerical
order;
(C) in paragraphs (1), (5), and (6) (as so redesignated),
by striking ‘‘As used in this section, the’’ each place it
appears and inserting ‘‘The’’;
(D) in paragraph (1) (as so redesignated)—
(i) in the paragraph heading, by striking ‘‘AGRICULTURE’’ and inserting ‘‘AGRICULTURAL’’; and
(ii) in the matter preceding subparagraph (A), by
striking ‘‘agriculture’’ and inserting ‘‘agricultural’’; and
(E) by inserting after paragraph (1) (as so redesignated)
the following:
‘‘(2) BEGINNING FARMER OR RANCHER.—The term ‘beginning
farmer or rancher’ means a person that—
‘‘(A)(i) has not operated a farm or ranch; or
‘‘(ii) has operated a farm or ranch for not more than
10 years; and
‘‘(B) meets such other criteria as the Secretary may
establish.’’;
(6) by inserting after subsection (a) (as so redesignated)
the following:
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(b) FARMING OPPORTUNITIES TRAINING AND OUTREACH.—The
Secretary shall carry out this section to encourage and assist socially
disadvantaged farmers and ranchers, veteran farmers and ranchers,
and beginning farmers and ranchers in the ownership and operation
of farms and ranches through—
‘‘(1) education and training; and
‘‘(2) equitable participation in all agricultural programs
of the Department.’’;
(7) in subsection (c) (as so redesignated and as amended
by paragraph (4))—
(A) in the subsection heading, by inserting ‘‘FOR
SOCIALLY DISADVANTAGED AND VETERAN FARMERS AND
RANCHERS’’ after ‘‘ASSISTANCE’’;
(B) by striking paragraph (4);
(C) by redesignating paragraphs (1), (2), (3), and (6)
as paragraphs (2), (3), (4), and (1), respectively, and moving
the paragraphs so as to appear in numerical order;
(D) in paragraph (1) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘The term’’ and inserting ‘‘In this subsection,
the term’’;
(ii) in subparagraph (A)(ii), by striking ‘‘subsection
(a)’’ and inserting ‘‘this subsection’’; and
(iii) in subparagraph (F), by striking ‘‘450b))’’ and
inserting ‘‘5304))’’;
(E) in paragraph (2) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘The Secretary of Agriculture shall carry out’’
and inserting ‘‘Using funds made available under subsection (l), the Secretary of Agriculture shall, for the
period of fiscal years 2019 through 2023, carry out’’;
and
(ii) in subparagraph (B), by striking ‘‘agricultural’’
and inserting ‘‘agricultural, forestry, and related’’;
(iii) by striking ‘‘agricultural’’ and inserting ‘‘agricultural, forestry, and related’’;
(F) in paragraph (3) (as so redesignated), by striking
‘‘(1)’’ in the matter preceding subparagraph (A) and
inserting ‘‘(2)’’; and
(G) in paragraph (4) (as so redesignated)—
(i) in subparagraph (A)—
(I) by striking the subparagraph heading and
inserting ‘‘OUTREACH AND TECHNICAL ASSISTANCE.—’’;
(II) by striking ‘‘(2)’’ and inserting ‘‘(3)’’; and
(III) by inserting ‘‘to socially disadvantaged
farmers and ranchers and veteran farmers and
ranchers’’ after ‘‘assistance’’;
(ii) in subparagraph (C), by striking ‘‘(1)’’ and
inserting ‘‘(2)’’;
(iii) in subparagraph (D), by adding at the end
the following:
‘‘(v) The number of farms or ranches started, maintained, or improved as a result of funds made available
under the program.
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132 STAT. 4953
‘‘(vi) Actions taken by the Secretary in partnership
with eligible entities to enhance participation in agricultural programs by veteran farmers or ranchers and
socially disadvantaged farmers or ranchers.
‘‘(vii) The effectiveness of the actions described
in clause (vi).’’; and
(iv) by adding at the end the following:
‘‘(E) MAXIMUM TERM AND AMOUNT OF GRANT, CONTRACT,
OR AGREEMENT.—A grant, contract, or agreement entered
into under subparagraph (A) shall be—
‘‘(i) for a term of not longer than 3 years; and
‘‘(ii) in an amount that is not more than $250,000
for each year of the grant, contract, or agreement.
‘‘(F) PRIORITY.—In making grants and entering into
contracts and other agreements under subparagraph (A),
the Secretary shall give priority to nongovernmental and
community-based organizations with an expertise in
working with socially disadvantaged farmers and ranchers
or veteran farmers and ranchers.
‘‘(G) REGIONAL BALANCE.—To the maximum extent
practicable, the Secretary shall ensure the geographical
diversity of eligible entities to which grants are made and
contracts and other agreements are entered into under
subparagraph (A).
‘‘(H) PROHIBITION.—A grant, contract, or other agreement under subparagraph (A) may not be used for the
planning, repair, rehabilitation, acquisition, or construction
of a building or facility.
‘‘(I) PEER REVIEW.—The Secretary shall establish a fair
and efficient external peer review process that—
‘‘(i) the Secretary shall use in making grants and
entering into contracts and other agreements under
subparagraph (A); and
‘‘(ii) shall include a broad representation of peers
of the eligible entity.
‘‘(J) INPUT FROM ELIGIBLE ENTITIES.—The Secretary
shall seek input from eligible entities providing technical
assistance under this subsection not less than once each
year to ensure that the program is responsive to the eligible
entities providing that technical assistance.’’;
(8) by inserting after subsection (c) (as so redesignated)
the following:
‘‘(d) BEGINNING FARMER AND RANCHER DEVELOPMENT GRANT
PROGRAM.—
‘‘(1) IN GENERAL.—Using funds made available under subsection (l), the Secretary, acting through the Director of the
National Institute of Food and Agriculture, shall, for the period
of fiscal years 2019 through 2023, make competitive grants
or enter into cooperative agreements to support new and established local and regional training, education, outreach, and
technical assistance initiatives to increase opportunities for
beginning farmers and ranchers.
‘‘(2) INCLUDED PROGRAMS AND SERVICES.—Initiatives
described in paragraph (1) may include programs or services,
as appropriate, relating to—
‘‘(A) basic livestock, forest management, and crop
farming practices;
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(B) innovative farm, ranch, and private, nonindustrial
forest land transfer and succession strategies;
‘‘(C) entrepreneurship and business training;
‘‘(D) technical assistance to help beginning farmers
or ranchers acquire land from retiring farmers and
ranchers;
‘‘(E) financial and risk management training, including
the acquisition and management of agricultural credit;
‘‘(F) natural resource management and planning;
‘‘(G) diversification and marketing strategies;
‘‘(H) curriculum development;
‘‘(I) mentoring, apprenticeships, and internships;
‘‘(J) resources and referral;
‘‘(K) farm financial benchmarking;
‘‘(L) agricultural rehabilitation and vocational training
for veteran farmers and ranchers;
‘‘(M) farm safety and awareness;
‘‘(N) food safety and recordkeeping; and
‘‘(O) other similar subject areas of use to beginning
farmers and ranchers.
‘‘(3) ELIGIBILITY.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant
or enter into a cooperative agreement under this subsection,
the recipient of the grant or participant in the cooperative
agreement shall be a collaborative State, Tribal, local, or
regionally-based network or partnership of public or private
entities.
‘‘(B) INCLUSIONS.—A recipient of a grant or a participant that enters into a cooperative agreement described
in subparagraph (A) may include—
‘‘(i) a State cooperative extension service;
‘‘(ii) a Federal, State, municipal, or Tribal agency;
‘‘(iii) a community-based or nongovernmental
organization;
‘‘(iv) a college or university (including an institution awarding an associate’s degree) or foundation
maintained by a college or university; or
‘‘(v) any other appropriate partner, as determined
by the Secretary.
‘‘(4) TERMS OF GRANTS OR COOPERATIVE AGREEMENT.—A
grant or cooperative agreement under this subsection shall—
‘‘(A) be for a term of not longer than 3 years; and
‘‘(B) provide not more than $250,000 for each year.
‘‘(5) MATCHING REQUIREMENT.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), to be eligible to receive a grant or enter into a cooperative agreement under this subsection, a recipient or participant shall provide a match in the form of cash or inkind contributions in an amount equal to 25 percent of
the funds provided by the grant or cooperative agreement.
‘‘(B) EXCEPTION.—The Secretary may waive or reduce
the matching requirement in subparagraph (A) if the Secretary determines such a waiver or modification is necessary to effectively reach an underserved area or population.
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132 STAT. 4955
‘‘(6) EVALUATION CRITERIA.—In making grants or entering
into cooperative agreements under this subsection, the Secretary shall evaluate, with respect to applications for the grants
or cooperative agreements—
‘‘(A) relevancy;
‘‘(B) technical merit;
‘‘(C) achievability;
‘‘(D) the expertise and track record of 1 or more
applicants;
‘‘(E) the consultation of beginning farmers and ranchers
in design, implementation, and decisionmaking relating to
an initiative described in paragraph (1);
‘‘(F) the adequacy of plans for—
‘‘(i) a participatory evaluation process;
‘‘(ii) outcome-based reporting; and
‘‘(iii) the communication of findings and results
beyond the immediate target audience; and
‘‘(G) other appropriate factors, as determined by the
Secretary.
‘‘(7) REGIONAL BALANCE.—To the maximum extent practicable, the Secretary shall ensure the geographical diversity
of recipients of grants or participants in cooperative agreements
under this subsection.
‘‘(8) PRIORITY.—In making grants or entering into cooperative agreements under this subsection, the Secretary shall give
priority to partnerships and collaborations that are led by or
include nongovernmental, community-based organizations and
school-based educational organizations with expertise in new
agricultural producer training and outreach.
‘‘(9) PROHIBITION.—A grant made or cooperative agreement
entered into under this subsection may not be used for the
planning, repair, rehabilitation, acquisition, or construction of
a building or facility.
‘‘(10) COORDINATION PERMITTED.—A recipient of a grant
or participant in a cooperative agreement under this subsection
may coordinate with a recipient of a grant or cooperative agreement under section 1680 in addressing the needs of veteran
farmers and ranchers with disabilities.
‘‘(11) CONSECUTIVE AWARDS.—A grant or cooperative agreement under this subsection may be made to a recipient or
participant for consecutive years.
‘‘(12) PEER REVIEW.—
‘‘(A) IN GENERAL.—The Secretary shall establish a fair
and efficient external peer review process, which the Secretary shall use in making grants or entering into cooperative agreements under this subsection.
‘‘(B) REQUIREMENT.—The peer review process under
subparagraph (A) shall include a review panel composed
of a broad representation of peers of the applicant for
the grant or cooperative agreement that are not applying
for a grant or cooperative agreement under this subsection.
‘‘(13) PARTICIPATION BY OTHER FARMERS AND RANCHERS.—
Nothing in this subsection prohibits the Secretary from allowing
a farmer or rancher who is not a beginning farmer or rancher
(including an owner or operator that has ended, or expects
to end within 5 years, active labor in a farming or ranching
operation as a producer, retiring farmers, and non-farming
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132 STAT. 4956
PUBLIC LAW 115–334—DEC. 20, 2018
landowners) from participating in a program or service under
this subsection, to the extent that the Secretary determines
that such participation—
‘‘(A) is appropriate; and
‘‘(B) will not detract from the primary purpose of
increasing opportunities for beginning farmers and
ranchers.
‘‘(14) EDUCATION TEAMS.—
‘‘(A) IN GENERAL.—The Secretary shall establish beginning farmer and rancher education teams to develop curricula, conduct educational programs and workshops for
beginning farmers and ranchers in diverse geographical
areas of the United States, or provide training and technical assistance initiatives for beginning farmers or
ranchers or for trainers and service providers that work
with beginning farmers or ranchers.
‘‘(B) CURRICULUM.—In promoting the development of
curricula, educational programs and workshops, or training
and technical assistance initiatives under subparagraph
(A), the Secretary shall, to the maximum extent practicable,
include content tailored to specific audiences of beginning
farmers and ranchers, based on crop diversity or regional
diversity.
‘‘(C) COMPOSITION.—In establishing an education team
under subparagraph (A) for a specific program or workshop,
the Secretary shall, to the maximum extent practicable—
‘‘(i) obtain the short-term services of specialists
with knowledge and expertise in programs serving
beginning farmers and ranchers; and
‘‘(ii) use officers and employees of the Department
with direct experience in programs of the Department
that may be taught as part of the curriculum for the
program or workshop.
‘‘(D) COOPERATION.—
‘‘(i) IN GENERAL.—In carrying out this subsection,
the Secretary shall cooperate, to the maximum extent
practicable, with—
‘‘(I) State cooperative extension services;
‘‘(II) Federal, State, and Tribal agencies;
‘‘(III) community-based and nongovernmental
organizations;
‘‘(IV) colleges and universities (including an
institution awarding an associate’s degree) or
foundations maintained by a college or university;
and
‘‘(V) other appropriate partners, as determined
by the Secretary.
‘‘(ii) COOPERATIVE AGREEMENTS.—The Secretary
may enter into a cooperative agreement to reflect the
terms of any cooperation under subparagraph (A).
‘‘(15) CURRICULUM AND TRAINING CLEARINGHOUSE.—The
Secretary shall establish an online clearinghouse that makes
available to beginning farmers and ranchers education curricula
and training materials and programs, which may include online
courses for direct use by beginning farmers and ranchers.
‘‘(e) APPLICATION REQUIREMENTS.—In making grants and
entering into contracts and other agreements, as applicable, under
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132 STAT. 4957
subsections (c) and (d), the Secretary shall make available a simplified application process for an application for a grant that
requests less than $50,000.’’;
(9) by striking subsection (f) and inserting the following:
‘‘(f) STAKEHOLDER INPUT.—In carrying out this section, the
Secretary shall seek stakeholder input from—
‘‘(1) beginning farmers and ranchers;
‘‘(2) socially disadvantaged farmers and ranchers;
‘‘(3) veteran farmers and ranchers;
‘‘(4) national, State, Tribal, and local organizations and
other persons with expertise in operating programs for—
‘‘(A) beginning farmers and ranchers;
‘‘(B) socially disadvantaged farmers and ranchers; or
‘‘(C) veteran farmers and ranchers;
‘‘(5) the Advisory Committee on Beginning Farmers and
Ranchers established under section 5(b) of the Agricultural
Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public
Law 102–554);
‘‘(6) the Advisory Committee on Minority Farmers established under section 14008 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 2279 note; Public Law 110–
246); and
‘‘(7) the Tribal Advisory Committee established under subsection (b) of section 309 of the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6921).’’;
(10) in paragraph (3) of subsection (h) (as so redesignated),
by inserting ‘‘and not later than March 1, 2020,’’ after ‘‘1991,’’;
and
(11) by adding at the end the following:
‘‘(l) FUNDING.—
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section—
‘‘(A) $30,000,000 for each of fiscal years 2019 and 2020;
‘‘(B) $35,000,000 for fiscal year 2021;
‘‘(C) $40,000,000 for fiscal year 2022; and
‘‘(D) $50,000,000 for fiscal year 2023 and each fiscal
year thereafter.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $50,000,000
for each of fiscal years 2019 through 2023.
‘‘(3) RESERVATION OF FUNDS.—Of the amounts made available to carry out this section—
‘‘(A) 50 percent shall be used to carry out subsection
(c); and
‘‘(B) 50 percent shall be used to carry out subsection
(d).
‘‘(4) ALLOCATION OF FUNDS.—
‘‘(A) IN GENERAL.—Not less than 5 percent of the
amounts made available to carry out subsection (d) for
a fiscal year shall be used to support programs and services
that address the needs of—
‘‘(i) limited resource beginning farmers and
ranchers, as defined by the Secretary;
‘‘(ii) socially disadvantaged farmers and ranchers
that are beginning farmers and ranchers; and
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‘‘(iii) farmworkers desiring to become farmers or
ranchers.
‘‘(B) VETERAN FARMERS AND RANCHERS.—Not less than
5 percent of the amounts made available to carry out
subsection (d) for a fiscal year shall be used to support
programs and services that address the needs of veteran
farmers and ranchers.
‘‘(5) INTERAGENCY FUNDING.—Any agency of the Department may participate in any grant, contract, or agreement
entered into under this section by contributing funds, if the
contributing agency determines that the objectives of the grant,
contract, or agreement will further the authorized programs
of the contributing agency.
‘‘(6) ADMINISTRATIVE EXPENSES.—Not more than 5 percent
of the amounts made available to carry out this section for
a fiscal year may be used for expenses relating to the administration of this section.
‘‘(7) LIMITATION ON INDIRECT COSTS.—A recipient of a grant
or a party to a contract or other agreement under subsection
(c) or (d) may not use more than 10 percent of the funds
received for the indirect costs of carrying out a grant, contract,
or other agreement.’’.
SEC. 12302. URBAN AGRICULTURE.
Subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6911 et seq.) (as amended by section 12202)
is amended by adding at the end the following:
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7 USC 6923.
‘‘SEC.
222.
OFFICE OF URBAN
PRODUCTION.
AGRICULTURE
AND
INNOVATIVE
‘‘(a) OFFICE.—
‘‘(1) IN GENERAL.—The Secretary shall establish in the
Department an Office of Urban Agriculture and Innovative
Production.
‘‘(2) DIRECTOR.—The Secretary shall appoint a senior official to serve as the Director of the Office of Urban Agriculture
and Innovative Production (referred to in this section as the
‘Director’).
‘‘(3) MISSION.—The mission of the Office of Urban Agriculture and Innovative Production shall be to encourage and
promote urban, indoor, and other emerging agricultural practices, including—
‘‘(A) community gardens and farms located in urban
areas, suburbs, and urban clusters;
‘‘(B) rooftop farms, outdoor vertical production, and
green walls;
‘‘(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
‘‘(D) hydroponic, aeroponic, and aquaponic farm facilities; and
‘‘(E) other innovations in agricultural production, as
determined by the Secretary.
‘‘(4) RESPONSIBILITIES.—The Director shall be responsible
for engaging in activities to carry out the mission described
in paragraph (3), including by—
‘‘(A) managing programs, including for community gardens, urban farms, rooftop agriculture, and indoor vertical
production;
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4959
‘‘(B) advising the Secretary;
‘‘(C) coordinating with the agencies and officials of
the Department to update relevant programs;
‘‘(D) engaging in stakeholder relations and developing
external partnerships;
‘‘(E) identifying common State and municipal best practices for navigating local policies;
‘‘(F) coordinating networks of community gardens and
facilitating connections to local food banks, in partnership
with the Food and Nutrition Service; and
‘‘(G) collaborating with other Federal agencies.
‘‘(b) URBAN AGRICULTURE AND INNOVATIVE PRODUCTION
ADVISORY COMMITTEE.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the Secretary shall establish an
Urban Agriculture and Innovative Production Advisory Committee (referred to in this subsection as the ‘Committee’) to
advise the Secretary on—
‘‘(A) the development of policies and outreach relating
to urban, indoor, and other emerging agricultural production practices; and
‘‘(B) any other aspects of the implementation of this
section.
‘‘(2) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The Committee shall be composed
of 12 members, of whom—
‘‘(i) 4 shall be individuals who are agricultural
producers, of whom—
‘‘(I) 2 individuals shall be agricultural producers located in an urban area or urban cluster;
and
‘‘(II) 2 individuals shall be farmers that use
innovative technology;
‘‘(ii) 2 shall be representatives from an institution
of higher education or extension program;
‘‘(iii) 1 shall be an individual who represents a
nonprofit organization, which may include a public
health, environmental, or community organization;
‘‘(iv) 1 shall be an individual who represents business and economic development, which may include
a business development entity, a chamber of commerce,
a city government, or a planning organization;
‘‘(v) 1 shall be an individual with supply chain
experience, which may include a food aggregator,
wholesale food distributor, food hub, or an individual
who has direct-to-consumer market experience;
‘‘(vi) 1 shall be an individual from a financing
entity; and
‘‘(vii) 2 shall be individuals with related experience
or expertise in urban, indoor, and other emerging agriculture production practices, as determined by the Secretary.
‘‘(B) INITIAL APPOINTMENTS.—The Secretary shall
appoint the members of the Committee not later than
180 days after the date of enactment of this section.
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.—
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132 STAT. 4960
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), a member of the Committee shall be appointed for
a term of 3 years.
‘‘(B) INITIAL APPOINTMENTS.—Of the members first
appointed to the Committee—
‘‘(i) 4 of the members, as determined by the Secretary, shall be appointed for a term of 3 years;
‘‘(ii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and
‘‘(iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year.
‘‘(C) VACANCIES.—Any vacancy in the Committee—
‘‘(i) shall not affect the powers of the Committee;
and
‘‘(ii) shall be filled as soon as practicable in the
same manner as the original appointment.
‘‘(D) CONSECUTIVE TERMS.—An initial appointee of the
committee may serve an additional consecutive term if
the member is reappointed by the Secretary.
‘‘(4) MEETINGS.—
‘‘(A) FREQUENCY.—The Committee shall meet not fewer
than 3 times per year.
‘‘(B) INITIAL MEETING.—Not later than 180 days after
the date on which the members are appointed under paragraph (2)(B), the Committee shall hold the first meeting
of the Committee.
‘‘(5) DUTIES.—
‘‘(A) IN GENERAL.—The Committee shall—
‘‘(i) develop recommendations and advise the
Director on policies, initiatives, and outreach administered by the Office of Urban Agriculture and Innovative
Production;
‘‘(ii) evaluate and review ongoing research and
extension activities relating to urban, indoor, and other
innovative agricultural practices;
‘‘(iii) identify new and existing barriers to successful urban, indoor, and other emerging agricultural
production practices; and
‘‘(iv) provide additional assistance and advice to
the Director as appropriate.
‘‘(B) REPORTS.—Not later than 1 year after the date
on which the Committee is established, and every 2 years
through 2023, the Committee shall submit to the Secretary,
the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the recommendations developed under subparagraph (A).
‘‘(6) PERSONNEL MATTERS.—
‘‘(A) COMPENSATION.—A member of the Committee
shall serve without compensation.
‘‘(B) TRAVEL EXPENSES.—A member of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, in accordance with section 5703 of
title 5, United States Code.
‘‘(7) TERMINATION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years
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132 STAT. 4961
after the date on which the members are appointed under
paragraph (2)(B).
‘‘(B) EXTENSIONS.—Before the date on which the Committee terminates, the Secretary may renew the Committee
for 1 or more 2-year periods.
‘‘(c) GRANTS.—The Director shall award competitive grants to
support the development of urban agriculture and innovative
production to any of the following eligible entities:
‘‘(1) A nonprofit organization.
‘‘(2) A unit of local government.
‘‘(3) A Tribal government.
‘‘(4) Any school that serves any of grades kindergarten
through grade 12.
‘‘(d) PILOT PROJECTS.—
‘‘(1) URBAN AND SUBURBAN COUNTY COMMITTEES.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this section, the Secretary shall establish a pilot program for not fewer than 5 years that establishes 10 county committees in accordance with section
8(b)(5)(B)(ii)(II) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)(B)(ii)(II)) to operate
in counties located in urban or suburban areas with a
high concentration of urban or suburban farms.
‘‘(B) EFFECT.—Nothing in this paragraph requires or
precludes the establishment of a Farm Service Agency office
in a county in which a county committee is established
under subparagraph (A).
‘‘(C) REPORT.—For fiscal year 2019 and each fiscal
year thereafter through fiscal year 2023, the Secretary
shall submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing
a summary of—
‘‘(i) the status of the pilot program under subparagraph (A);
‘‘(ii) meetings and other activities of the committees established under that subparagraph; and
‘‘(iii) the types and volume of assistance and services provided to farmers in counties in which county
committees are established under that subparagraph.
‘‘(2) INCREASING COMMUNITY COMPOST AND REDUCING FOOD
WASTE.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Director, shall carry out pilot projects under which the
Secretary shall offer to enter into cooperative agreements
with local or municipal governments in not fewer than
10 States to develop and test strategies for planning and
implementing municipal compost plans and food waste
reduction plans.
‘‘(B) ELIGIBLE ENTITIES AND PURPOSES OF PILOT
PROJECTS.—Under a cooperative agreement entered into
under this paragraph, the Secretary shall provide assistance to municipalities, counties, local governments, or city
planners, as appropriate, to carry out planning and implementing activities that will—
‘‘(i) generate compost;
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(ii) increase access to compost for agricultural
producers;
‘‘(iii) reduce reliance on, and limit the use of, fertilizer;
‘‘(iv) improve soil quality;
‘‘(v)
encourage
waste
management
and
permaculture business development;
‘‘(vi) increase rainwater absorption;
‘‘(vii) reduce municipal food waste; and
‘‘(viii) divert food waste from landfills.
‘‘(C) EVALUATION AND RANKING OF APPLICATIONS.—
‘‘(i) CRITERIA.—Not later than 180 days after the
date of enactment of this section, the Secretary shall
establish criteria for the selection of pilot projects
under this paragraph.
‘‘(ii) CONSIDERATION.—In selecting, undertaking, or
funding pilot projects under this paragraph, the Secretary shall consider any commonly known significant
impact on existing food waste recovery and disposal
by commercial, marketing, or business relationships.
‘‘(iii) PRIORITY.—In selecting a pilot project under
this paragraph, the Secretary shall give priority to
an application for a pilot project that—
‘‘(I) anticipates or demonstrates economic
benefits;
‘‘(II) incorporates plans to make compost easily
accessible to agricultural producers, including
community gardeners;
‘‘(III) integrates other food waste strategies,
including food recovery efforts; and
‘‘(IV) provides for collaboration with multiple
partners.
‘‘(D) MATCHING REQUIREMENT.—The recipient of assistance for a pilot project under this paragraph shall provide
funds, in-kind contributions, or a combination of both from
sources other than funds provided through the grant in
an amount equal to not less than 25 percent of the amount
of the grant.
‘‘(E) EVALUATION.—The Secretary shall conduct an
evaluation of the pilot projects funded under this paragraph
to assess different solutions for increasing access to compost
and reducing municipal food waste, including an evaluation
of—
‘‘(i) the amount of Federal funds used for each
project; and
‘‘(ii) a measurement of the outcomes of each project.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section and the amendments
made by this section $25,000,000 for each of fiscal years 2019
through 2023.’’.
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SEC. 12303. TRIBAL ADVISORY COMMITTEE.
Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921)
is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(a) IN GENERAL.—The Secretary’’; and
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132 STAT. 4963
(2) by adding at the end the following:
‘‘(b) TRIBAL ADVISORY COMMITTEE.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) INDIAN TRIBE.—The term ‘Indian tribe’ has the
meaning given the term in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
5304).
‘‘(B) RELEVANT COMMITTEES OF CONGRESS.—The term
‘relevant committees of Congress’ means—
‘‘(i) the Committee on Agriculture of the House
of Representatives;
‘‘(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
‘‘(iii) the Committee on Indian Affairs of the
Senate.
‘‘(C) TRIBAL ORGANIZATION.—The term ‘tribal organization’ has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304).
‘‘(2) ESTABLISHMENT OF COMMITTEE.—
‘‘(A) IN GENERAL.—The Secretary shall establish an
advisory committee, to be known as the Tribal Advisory
Committee (referred to in this subsection as the ‘Committee’) to provide advice and guidance to the Secretary
on matters relating to Tribal and Indian affairs.
‘‘(B) FACILITATION.—The Committee shall facilitate, but
not supplant, government-to-government consultation
between the Department of Agriculture (referred to in this
subsection as the ‘Department’) and Indian tribes.
‘‘(3) MEMBERSHIP.—
‘‘(A) COMPOSITION.—The Committee shall be composed
of 11 members, of whom—
‘‘(i) 3 shall be appointed by the Secretary;
‘‘(ii) 1 shall be appointed by the chairperson of
the Committee on Indian Affairs of the Senate;
‘‘(iii) 1 shall be appointed by the ranking member
of the Committee on Indian Affairs of the Senate;
‘‘(iv) 1 shall be appointed by the chairperson of
the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
‘‘(v) 1 shall be appointed by the ranking member
of the Committee on Agriculture, Nutrition, and Forestry of the Senate;
‘‘(vi) 2 shall be appointed by the chairperson of
the Committee on Agriculture of the House of Representatives; and
‘‘(vii) 2 shall be appointed by the ranking member
of the Committee on Agriculture of the House of Representatives.
‘‘(B) NOMINATIONS.—The Secretary shall accept
nominations for members of the Committee from any of
the following:
‘‘(i) An Indian tribe.
‘‘(ii) A tribal organization.
‘‘(iii) A national or regional organization with
expertise in issues relating to the duties of the Committee described in paragraph (4).
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132 STAT. 4964
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(C) DIVERSITY.—To the maximum extent feasible, the
Secretary shall ensure that the members of the Committee
represent a diverse set of expertise on issues relating to
geographic regions, Indian tribes, and the agricultural
industry.
‘‘(D) LIMITATION.—No member of the Committee shall
be an officer or employee of the Federal Government.
‘‘(E) PERIOD OF APPOINTMENT; VACANCIES.—
‘‘(i) IN GENERAL.—Each member of the Committee—
‘‘(I) subject to clause (ii), shall be appointed
to a 3-year term; and
‘‘(II) may be reappointed to not more than
3 consecutive terms.
‘‘(ii) INITIAL STAGGERING.—The first 3 appointments by the Secretary under paragraph (3)(A)(i) shall
be for a 2-year term.
‘‘(iii) VACANCIES.—Any vacancy in the Committee
shall be filled in the same manner as the original
appointment not more than 90 days after the date
on which the position becomes vacant.
‘‘(F) MEETINGS.—
‘‘(i) IN GENERAL.—The Committee shall meet in
person not less than twice each year.
‘‘(ii) OFFICE OF TRIBAL RELATIONS REPRESENTATIVE.—Not fewer than 1 representative from the Office
of Tribal Relations of the Department shall be present
at each meeting of the Committee.
‘‘(iii) DEPARTMENT OF INTERIOR REPRESENTATIVE.—
The Assistant Secretary for Indian Affairs of the
Department of the Interior (or a designee) shall be
present at each meeting of the Committee.
‘‘(iv) NONVOTING REPRESENTATIVES.—The individuals described in clauses (ii) and (iii) shall be nonvoting
representatives at meetings of the Committee.
‘‘(4) DUTIES OF COMMITTEE.—The Committee shall—
‘‘(A) identify evolving issues of relevance to Indian
tribes relating to programs of the Department;
‘‘(B) communicate to the Secretary the issues identified
under subparagraph (A);
‘‘(C) submit to the Secretary recommendations for, and
solutions to—
‘‘(i) the issues identified under subparagraph (A);
‘‘(ii) issues raised at the Tribal, regional, or
national level; and
‘‘(iii) issues relating to any Tribal consultation carried out by the Department;
‘‘(D) discuss issues and proposals for changes to the
regulations, policies, and procedures of the Department
that impact Indian tribes;
‘‘(E) identify priorities and provide advice on appropriate strategies for Tribal consultation on issues at the
Tribal, regional, or national level regarding the Department;
‘‘(F) ensure that pertinent issues of the Department
are brought to the attention of an Indian tribe in a timely
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132 STAT. 4965
manner so that timely feedback from an Indian tribe can
be obtained; and
‘‘(G) identify and propose solutions to any interdepartmental barrier between the Department and other Federal
agencies.
‘‘(5) REPORTS.—
‘‘(A) IN GENERAL.—Not less frequently than once each
year, the Committee shall submit to the Secretary and
the relevant committees of Congress a report that
describes—
‘‘(i) the activities of the Committee during the previous year; and
‘‘(ii) recommendations for legislative or administrative action for the following year.
‘‘(B) RESPONSE FROM SECRETARY.—Not more than 45
days after the date on which the Secretary receives a
report under subparagraph (A), the Secretary shall submit
a written response to that report to—
‘‘(i) the Committee; and
‘‘(ii) the relevant committees of Congress.
‘‘(6) COMPENSATION OF MEMBERS.—Members of the Committee shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which
the member is engaged in the performance of the duties of
the Committee.
‘‘(7) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Committee.’’.
SEC. 12304. BEGINNING FARMER AND RANCHER COORDINATION.
Subtitle D of title VII of the Farm Security and Rural Investment Act of 2002 (as amended by sections 7506 and 12301(a)(1))
is further amended by inserting after section 7403 (7 U.S.C. 3119b
note; Public Law 107–171) the following:
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‘‘SEC. 7404. BEGINNING FARMER AND RANCHER COORDINATION.
7 USC 6934a.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BEGINNING FARMER OR RANCHER.—The term ‘beginning
farmer or rancher’ has the meaning given such term in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
‘‘(2) NATIONAL COORDINATOR.—The term ‘National Coordinator’ means the National Beginning Farmer and Rancher
Coordinator established under subsection (b)(1).
‘‘(3) STATE COORDINATOR.—The term ‘State coordinator’
means a State beginning farmer and rancher coordinator designated under subsection (c)(1)(A).
‘‘(4) STATE OFFICE.—The term ‘State office’ means—
‘‘(A) a State office of—
‘‘(i) the Farm Service Agency;
‘‘(ii) the Natural Resources Conservation Service;
‘‘(iii) the Rural Business-Cooperative Service; or
‘‘(iv) the Rural Utilities Service; or
‘‘(B) a regional office of the Risk Management Agency.
‘‘(b) NATIONAL BEGINNING FARMER AND RANCHER COORDINATOR.—
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132 STAT. 4966
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(1) ESTABLISHMENT.—The Secretary shall establish in the
Department the position of National Beginning Farmer and
Rancher Coordinator.
‘‘(2) DUTIES.—
‘‘(A) IN GENERAL.—The National Coordinator shall—
‘‘(i) advise the Secretary and coordinate activities
of the Department on programs, policies, and issues
relating to beginning farmers and ranchers; and
‘‘(ii) in consultation with the applicable State food
and agriculture council, determine whether to approve
a plan submitted by a State coordinator under subsection (c)(3)(B).
‘‘(B) DISCRETIONARY DUTIES.—Additional duties of the
National Coordinator may include—
‘‘(i) developing and implementing new strategies—
‘‘(I) for outreach to beginning farmers and
ranchers; and
‘‘(II) to assist beginning farmers and ranchers
with connecting to owners or operators that have
ended, or expect to end within 5 years, actively
owning or operating a farm or ranch; and
‘‘(ii) facilitating interagency and interdepartmental
collaboration on issues relating to beginning farmers
and ranchers.
‘‘(3) REPORTS.—Not less frequently than once each year,
the National Coordinator shall distribute within the Department and make publicly available a report describing the status
of steps taken to carry out the duties described in subparagraphs (A) and (B) of paragraph (2).
‘‘(4) CONTRACTS AND COOPERATIVE AGREEMENTS.—In carrying out the duties under paragraph (2), the National Coordinator may enter into a contract or cooperative agreement with
an institution of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)), cooperative extension services (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103)), or a nonprofit organization—
‘‘(A) to conduct research on the profitability of new
farms in operation for not less than 5 years in a region;
‘‘(B) to develop educational materials;
‘‘(C) to conduct workshops, courses, training, or certified vocational training; or
‘‘(D) to conduct mentoring activities.
‘‘(c) STATE BEGINNING FARMER AND RANCHER COORDINATORS.—
‘‘(1) IN GENERAL.—
‘‘(A) DESIGNATION.—The National Coordinator, in consultation with State food and agriculture councils and directors of State offices, shall designate in each State a State
beginning farmer and rancher coordinator from among
employees of State offices.
‘‘(B) REQUIREMENTS.—To be designated as a State
coordinator, an employee shall—
‘‘(i) be familiar with issues relating to beginning
farmers and ranchers; and
‘‘(ii) have the ability to coordinate with other Federal departments and agencies.
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132 STAT. 4967
‘‘(2) TRAINING.—The Secretary shall develop a training plan
to provide to each State coordinator knowledge of programs
and services available from the Department for beginning
farmers and ranchers, taking into consideration the needs of
all production types and sizes of agricultural operations.
‘‘(3) DUTIES.—A State coordinator shall—
‘‘(A) coordinate technical assistance at the State level
to assist beginning farmers and ranchers in accessing programs of the Department;
‘‘(B) develop and submit to the National Coordinator
for approval under subsection (b)(2)(A)(ii) a State plan to
improve the coordination, delivery, and efficacy of programs
of the Department to beginning farmers and ranchers,
taking into consideration the needs of all types of production methods and sizes of agricultural operation, at each
county and area office in the State;
‘‘(C) oversee implementation of an approved State plan
described in subparagraph (B);
‘‘(D) work with outreach coordinators in the State
offices to ensure appropriate information about technical
assistance is available at outreach events and activities;
and
‘‘(E) coordinate partnerships and joint outreach efforts
with other organizations and government agencies serving
beginning farmers and ranchers.’’.
SEC. 12305. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
Subtitle D of title VII of the Farm Security and Rural Investment Act of 2002 (as amended by sections 7506, section 12301(a)(1),
and 12304) is further amended by inserting after section 7404,
as added by section 12304, the following:
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‘‘SEC. 7405. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
7 USC 6934b.
‘‘(a) AUTHORIZATION.—The Secretary shall establish in the
Department the position of Agricultural Youth Organization Coordinator.
‘‘(b) DUTIES.—The Agricultural Youth Organization Coordinator
shall—
‘‘(1) promote the role of youth-serving organizations and
school-based agricultural education in motivating and preparing
young people to pursue careers in the agriculture, food, and
natural resources systems;
‘‘(2) work to help build youth awareness of the reach and
importance of agriculture, across a diversity of fields and disciplines;
‘‘(3) identify short-term and long-term interests of the
Department and provide opportunities, resources, input, and
coordination with programs and agencies of the Department
to youth-serving organizations and school-based agricultural
education, including the development of internship opportunities;
‘‘(4) share, internally and externally, the extent to which
active steps are being taken to encourage collaboration with,
and support of, youth-serving organizations and school-based
agricultural education;
‘‘(5) provide information to youth involved in food and
agriculture organizations concerning the availability of, and
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PUBLIC LAW 115–334—DEC. 20, 2018
eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and
rancher programs;
‘‘(6) serve as a resource for assisting youth involved in
food and agriculture organizations in applying for participation
in agriculture; and
‘‘(7) advocate on behalf of youth involved in food and agriculture organizations in interactions with employees of the
Department.
‘‘(c) CONTRACTS AND COOPERATIVE AGREEMENTS.—For purposes
of carrying out the duties under subsection (b), the Agricultural
Youth Organization Coordinator shall consult with the cooperative
extension and the land-grant university systems, and may enter
into contracts or cooperative agreements with the research centers
of the Agricultural Research Service, cooperative extension and
the land-grant university systems, non-land-grant colleges of agriculture, or nonprofit organizations for—
‘‘(1) the conduct of regional research on the profitability
of small farms;
‘‘(2) the development of educational materials;
‘‘(3) the conduct of workshops, courses, and certified vocational training;
‘‘(4) the conduct of mentoring activities; or
‘‘(5) the provision of internship opportunities.’’.
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SEC. 12306. AVAILABILITY OF DEPARTMENT OF AGRICULTURE PROGRAMS FOR VETERAN FARMERS AND RANCHERS.
(a) DEFINITION OF VETERAN FARMER OR RANCHER.—Paragraph
(7) of subsection (a) (as redesignated by section 12301(b)(3)) of
section 2501 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(C) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 10-year period.’’.
(b) FEDERAL CROP INSURANCE.—
(1) DEFINITION OF VETERAN FARMER OR RANCHER.—Section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b))
(as amended by section 11101) is amended by adding at the
end the following:
‘‘(14) VETERAN FARMER OR RANCHER.—The term ‘veteran
farmer or rancher’ means a farmer or rancher who—
‘‘(A) has served in the Armed Forces (as defined in
section 101 of title 38, United States Code); and
‘‘(B)(i) has not operated a farm or ranch;
‘‘(ii) has operated a farm or ranch for not more than
5 years; or
‘‘(iii) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 5-year period.’’.
(2) CROP INSURANCE.—Section 508 of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended—
(A) in subsection (b)(5)(E)—
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4969
(i) by striking ‘‘The Corporation’’ and inserting the
following:
‘‘(i) IN GENERAL.—The Corporation’’; and
(ii) in clause (i) (as so designated), by striking
the period at the end and inserting the following: ‘‘,
and veteran farmers or ranchers.
‘‘(ii) COORDINATION.—The Corporation shall coordinate with other agencies of the Department that provide programs or services to farmers and ranchers
described in clause (i) to make available coverage under
the waiver under that clause and to share eligibility
information to reduce paperwork and avoid duplication.’’;
(B) in subsection (e)(8)—
(i) in the paragraph heading, by inserting ‘‘AND
VETERAN’’ after ‘‘BEGINNING’’; and
(ii) by inserting ‘‘or veteran farmer or rancher’’
after ‘‘beginning farmer or rancher’’ each place it
appears; and
(C) in subsection (g)—
(i) in paragraph (2)(B)(iii), in the matter preceding
subclause (I), by inserting ‘‘or veteran farmer or
rancher’’ after ‘‘beginning farmer or rancher’’ each place
it appears; and
(ii) in paragraph (4)(B)(ii)(II), by inserting ‘‘and
veteran farmers or ranchers’’ after ‘‘beginning farmers
or ranchers’’.
(3) EDUCATION AND RISK MANAGEMENT ASSISTANCE.—Paragraph (3) of section 524(a) of the Federal Crop Insurance Act
(7 U.S.C. 1524(a)), as redesignated by section 11125(a)(3), is
amended—
(A) in subparagraph (D)(ii), by striking ‘‘and’’ at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(F) veteran farmers or ranchers.’’.
(c) DOWN PAYMENT LOAN PROGRAM.—Section 310E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1935)
is amended—
(1) in subsection (a)(1), by striking ‘‘qualified beginning
farmers or ranchers and socially disadvantaged farmers or
ranchers’’ and inserting ‘‘eligible farmers or ranchers’’;
(2) in subsection (d)—
(A) in paragraph (2)(A), by striking ‘‘recipients of the
loans’’ and inserting ‘‘farmers or ranchers’’;
(B) by striking paragraph (3) and inserting the following:
‘‘(3) encourage retiring farmers and ranchers to assist in
the sale of their farms and ranches to eligible farmers or
ranchers by providing seller financing;’’;
(C) in paragraph (4), by striking ‘‘for beginning farmers
or ranchers or socially disadvantaged farmers or ranchers’’
and inserting the following: ‘‘for—
‘‘(A) beginning farmers or ranchers;
‘‘(B) socially disadvantaged farmers or ranchers, as
defined in section 355(e); or
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PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(C) veteran farmers or ranchers, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(a)); and’’; and
(D) in paragraph (5), by striking ‘‘a qualified beginning
farmer or rancher or socially disadvantaged farmer or
rancher’’ and inserting ‘‘an eligible farmer or rancher’’;
and
(3) by striking subsection (e) and inserting the following:
‘‘(e) DEFINITION OF ELIGIBLE FARMER OR RANCHER.—In this
section, the term ‘eligible farmer or rancher’ means—
‘‘(1) a qualified beginning farmer or rancher;
‘‘(2) a socially disadvantaged farmer or rancher, as defined
in section 355(e); and
‘‘(3) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).’’.
(d) INTEREST RATE REDUCTION PROGRAM.—Section 351(e)(2)(B)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1999(e)(2)(B)) is amended—
(1) in the subparagraph heading, by inserting ‘‘AND VETERAN’’ after ‘‘BEGINNING’’;
(2) in clause (i), by inserting ‘‘or veteran farmers and
ranchers (as defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))’’ before
the period at the end; and
(3) in clause (ii), by striking ‘‘beginning’’.
(e) NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.—Section 405(c)
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7625(c)) is amended by inserting ‘‘veteran
farmers or ranchers (as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a))),’’ after ‘‘socially disadvantaged farmers,’’.
(f) ADMINISTRATION AND OPERATION OF NONINSURED CROP
ASSISTANCE PROGRAM.—Section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1) in subsection (k)(2), by inserting ‘‘, or a veteran farmer
or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)))’’ before the period at the end; and
(2) in subsection (l), in paragraph (3) (as redesignated
by section 1601(7)(D))—
(A) in the paragraph heading, by inserting ‘‘VETERAN,’’
before ‘‘AND SOCIALLY’’; and
(B) by inserting ‘‘and veteran farmers or ranchers (as
defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))’’ before
‘‘in exchange’’.
(g) FUNDING FOR TRANSITION OPTION FOR CERTAIN FARMERS
OR RANCHERS.—Section 1241(a)(1)(B) of the Food Security Act of
1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking ‘‘beginning
farmers or ranchers and socially disadvantaged farmers or
ranchers’’ and inserting ‘‘covered farmers or ranchers, as defined
in section 1235(f)(1)’’.
(h) SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.—
(1) DEFINITION OF COVERED PRODUCER.—Section 1501(a)
of the Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended—
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132 STAT. 4971
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so redesignated) the following:
‘‘(1) COVERED PRODUCER.—The term ‘covered producer’
means an eligible producer on a farm that is—
‘‘(A) as determined by the Secretary—
‘‘(i) a beginning farmer or rancher;
‘‘(ii) a socially disadvantaged farmer or rancher;
or
‘‘(iii) a limited resource farmer or rancher; or
‘‘(B) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(a)).’’.
(2) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES,
AND FARM-RAISED FISH.—Section 1501(d) of the Agricultural
Act of 2014 (7 U.S.C. 9081(d)) is amended by adding at the
end the following:
‘‘(4) PAYMENT RATE FOR COVERED PRODUCERS.—In the case
of a covered producer that is eligible to receive assistance
under this subsection, the Secretary shall provide reimbursement of 90 percent of the cost of losses described in paragraph
(1) or (2).’’.
Subtitle D—Department of Agriculture
Reorganization Act of 1994 Amendments
SEC. 12401. OFFICE OF CONGRESSIONAL RELATIONS AND INTERGOVERNMENTAL AFFAIRS.
(a) ASSISTANT SECRETARIES OF AGRICULTURE.—Section 218(a)(1)
of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918(a)(1)) is amended by striking ‘‘Relations’’ and inserting
‘‘Relations and Intergovernmental Affairs’’.
(b) SUCCESSION.—Any official who is serving as the Assistant
Secretary of Agriculture for Congressional Relations on the date
of enactment of this Act and who was appointed by the President,
by and with the advice and consent of the Senate, shall not be
required to be reappointed as a result of the change made to
the name of that position under the amendment made by subsection
(a).
7 USC 6918 note.
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SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON.
Section 219 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6919) is amended—
(1) in subsection (b)—
(A) in paragraph (3), by striking ‘‘and’’ at the end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(5) establish and periodically update the website described
in subsection (d); and
‘‘(6) in carrying out the duties described in paragraphs
(1) through (5), consult with and provide technical assistance
to any Federal agency, including the Department of Defense,
the Department of Veterans Affairs, the Small Business
Administration, and the Department of Labor.’’; and
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PUBLIC LAW 115–334—DEC. 20, 2018
(2) by adding at the end the following:
‘‘(d) WEBSITE REQUIRED.—
‘‘(1) IN GENERAL.—The website required under subsection
(b)(5) shall include the following:
‘‘(A) Positions identified within the Department of Agriculture that are available to veterans for apprenticeships.
‘‘(B) Apprenticeships, programs of training on the job,
and programs of education that are approved for purposes
of chapter 36 of title 38, United States Code.
‘‘(C) Employment skills training programs for members
of the Armed Forces carried out pursuant to section 1143(e)
of title 10, United States Code.
‘‘(D) Information designed to assist businesses, nonprofit entities, educational institutions, and farmers
interested in developing apprenticeships, on-the-job
training, educational, or entrepreneurial programs for veterans in navigating the process of having a program
approved by a State approving agency for purposes of
chapter 36 of title 38, United States Code, including—
‘‘(i) contact information for relevant offices in the
Department of Defense, Department of Veterans
Affairs, Department of Labor, and Small Business
Administration;
‘‘(ii) basic requirements for approval by each State
approving agency;
‘‘(iii) recommendations with respect to training and
coursework to be used during apprenticeships or onthe-job training that will enable a veteran to be eligible
for agricultural programs; and
‘‘(iv) examples of successful programs and curriculums that have been approved for purposes of chapter
36 of title 38, United States Code (with consent of
the organization and without any personally identifiable information).
‘‘(2) REVIEW OF WEBSITE.—
‘‘(A) IN GENERAL.—Not later than 5 years after the
date of enactment of this paragraph, and once every 5
years thereafter, the Secretary shall conduct a study to
determine if the website required under subsection (b)(5)
is effective in providing veterans the information required
under paragraph (1).
‘‘(B) INEFFECTIVE WEBSITE.—If the Secretary determines that the website is not effective under subparagraph
(A), the Secretary shall—
‘‘(i) notify the agriculture and veterans committees
described in subparagraph (C) of that determination;
and
‘‘(ii) not earlier than 180 days after the date on
which the Secretary provides notice under clause (i),
terminate the website.
‘‘(C) AGRICULTURE AND VETERANS COMMITTEES.—The
agriculture and veterans committees referred to in subparagraph (B)(i) are—
‘‘(i) the Committee on Agriculture of the House
of Representatives;
‘‘(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
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132 STAT. 4973
‘‘(iii) the Committee on Veterans’ Affairs of the
House of Representatives; and
‘‘(iv) the Committee on Veterans’ Affairs of the
Senate.
‘‘(e) CONSULTATION REQUIRED.—In carrying out this section,
the Secretary shall consult with organizations that serve veterans.
‘‘(f) REPORT.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall submit a report
on beginning farmer training for veterans and agricultural
vocational and rehabilitation programs for veterans to—
‘‘(A) the Committee on Agriculture of the House of
Representatives;
‘‘(B) the Committee on Veterans’ Affairs of the House
of Representatives;
‘‘(C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
‘‘(D) the Committee on Veterans’ Affairs of the Senate.
‘‘(2) CONTENTS OF REPORT.—The report submitted under
paragraph (1) shall include—
‘‘(A) a summary of the measures taken to carry out
subsections (b) and (c);
‘‘(B) a description of the information provided to veterans under paragraphs (1) and (2) of subsection (b);
‘‘(C) recommendations for best informing veterans of
the programs described in paragraphs (1) and (2) of subsection (b);
‘‘(D) a summary of the contracts or cooperative agreements entered into under subsection (c);
‘‘(E) a description of the programs implemented under
subsection (c);
‘‘(F) a summary of the employment outreach activities
directed to veterans;
‘‘(G) recommendations for how opportunities for veterans in agriculture should be developed or expanded;
‘‘(H) a summary of veteran farm lending data and
a summary of shortfalls, if any, identified by the Military
Veterans Agricultural Liaison in collecting data with
respect to veterans engaged in agriculture; and
‘‘(I) recommendations, if any, on how to improve activities under subsection (b).
‘‘(g) PUBLIC DISSEMINATION OF INFORMATION.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall make publicly
available and share broadly, including by posting on the website
of the Department—
‘‘(A) the report of the Military Veterans Agricultural
Liaison on beginning farmer training for veterans and agricultural vocational and rehabilitation programs; and
‘‘(B) the information disseminated under paragraphs
(1) and (2) of subsection (b).
‘‘(2) FURTHER DISSEMINATION.—Not later than the day
before the date on which the Military Veterans Agricultural
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PUBLIC LAW 115–334—DEC. 20, 2018
Liaison makes publicly available the information under paragraph (1), the Military Veterans Agricultural Liaison shall provide that information to the Department of Defense, the Department of Veterans Affairs, the Small Business Administration,
and the Department of Labor.’’.
SEC. 12403. CIVIL RIGHTS ANALYSES.
(a) IN GENERAL.—The Secretary shall conduct civil rights
impact analyses in accordance with Departmental Regulation 4300004 issued by the Department of Agriculture on October 17, 2016,
with respect to the Department of Agriculture’s employment, federally-conducted programs and activities, and federally-assisted programs and activities.
(b) STUDY; REPORT.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States
(referred to in this section as the ‘‘Comptroller General’’) shall
conduct a study describing—
(A) the effectiveness of the Department of Agriculture
in processing and resolving civil rights complaints;
(B) minority participation rates in farm programs,
including a comparison of overall farmer and rancher
participation with minority farmer and rancher participation by considering particular aspects of the programs of
the Department of Agriculture for producers, such as
ownership status, program participation, usage of permits,
and waivers;
(C) the realignment of the civil rights functions of
the Department of Agriculture, as outlined in Secretarial
Memorandum 1076–023 (March 9, 2018), including an analysis of whether that realignment has any negative implications on the civil rights functions of the Department;
(D) efforts of the Department of Agriculture to identify
actions, programs, or activities of the Department of Agriculture that may adversely affect employees, contractors,
or beneficiaries (including participants) of the action, program, or activity based on the membership of the
employees, contractors, or beneficiaries in a group that
is protected under Federal law from discrimination in
employment, contracting, or provision of an action, program, or activity, as applicable; and
(E) efforts of the Department of Agriculture to strategically plan actions to decrease discrimination and civil rights
complaints within the Department of Agriculture or in
the carrying out of the programs and authorities of the
Department of Agriculture.
(2) REPORT.—Not later than 60 days after the date of
completion of the study under paragraph (1), the Comptroller
General shall submit a report describing the results of the
study to—
(A) the Committee on Agriculture of the House of Representatives; and
(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate.
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SEC. 12404. FARM SERVICE AGENCY.
(a) IN GENERAL.—Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) is amended—
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(1) in the section heading, by striking ‘‘CONSOLIDATED
and inserting ‘‘FARM’’;
(2) in subsection (b), in the subsection heading, by striking
‘‘OF CONSOLIDATED FARM SERVICE AGENCY’’; and
(3) by striking ‘‘Consolidated Farm’’ each place it appears
and inserting ‘‘Farm’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) is amended—
(A) in subsection (c), by striking ‘‘Consolidated Farm’’
each place it appears and inserting ‘‘Farm’’; and
(B) in subsection (e)(2), by striking ‘‘Consolidated
Farm’’ each place it appears and inserting ‘‘Farm’’.
(2) Section 271(2)(A) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended
by striking ‘‘Consolidated Farm’’ each place it appears and
inserting ‘‘Farm’’.
(3) Section 275(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by striking
‘‘Consolidated Farm’’ each place it appears and inserting
‘‘Farm’’.
FARM’’
SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND CONSERVATION.
(a) OFFICE OF RISK MANAGEMENT.—Section 226A(d)(1) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6933(d)(1)) is amended by striking ‘‘Under Secretary of Agriculture
for Farm and Foreign Agricultural Services’’ and inserting ‘‘Under
Secretary of Agriculture for Farm Production and Conservation’’.
(b) MULTIAGENCY TASK FORCE.—Section 242(b)(3) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6952(b)(3))
is amended by striking ‘‘Under Secretary for Farm and Foreign
Agricultural Services’’ and inserting ‘‘Under Secretary of Agriculture
for Farm Production and Conservation’’.
(c) FOOD AID CONSULTATIVE GROUP.—Section 205(b)(2) of the
Food for Peace Act (7 U.S.C. 1725(b)(2)) is amended by striking
‘‘Under Secretary of Agriculture for Farm and Foreign Agricultural
Services’’ and inserting ‘‘Under Secretary of Agriculture for Trade
and Foreign Agricultural Affairs’’.
(d) INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS.—Section 625(c)(1)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended by striking ‘‘Under
Secretary’’ and all that follows through ‘‘designee’’ and inserting
‘‘Under Secretary of Agriculture for Trade and Foreign Agricultural
Affairs, or the designee of that Under Secretary’’.
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SEC. 12406. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT.
(a) CHANGING NAME OF OFFICE.—
(1) IN GENERAL.—Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is
amended—
(A) in the section heading, by striking ‘‘ADVOCACY AND
OUTREACH’’ and inserting ‘‘PARTNERSHIPS AND PUBLIC
ENGAGEMENT’’; and
(B) by striking ‘‘Advocacy and Outreach’’ each place
it appears in subsections (a)(2), (b)(1), and (d)(4)(B) and
inserting ‘‘Partnerships and Public Engagement’’.
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7 USC 6934 note.
PUBLIC LAW 115–334—DEC. 20, 2018
(2) REFERENCES.—Beginning on the date of the enactment
of this Act, any reference to the Office of Advocacy and Outreach
established under section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) in any
provision of Federal law shall be deemed to be a reference
to the Office of Partnerships and Public Engagement.
(b) INCREASING OUTREACH.—Section 226B of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as
amended by subsection (a), is further amended—
(1) in subsection (b)(1)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B)—
(i) in clause (ii), by striking ‘‘and’’ at the end;
(ii) in clause (iii), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following new clauses:
‘‘(iv) limited resource producers; and
‘‘(v) veteran farmers and ranchers; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(C) to promote youth outreach.’’; and
(2) in subsection (c)—
(A) in the matter preceding paragraph (1), by inserting
‘‘veteran farmers and ranchers,’’ after ‘‘beginning farmers
or ranchers,’’;
(B) in paragraph (1), by striking ‘‘or socially disadvantaged’’ and inserting ‘‘socially disadvantaged, or veteran’’;
and
(C) in paragraph (5), by inserting ‘‘veteran farmers
or ranchers,’’ after ‘‘beginning farmers or ranchers,’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 226B(f)(3)(B)
of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6934(f)(3)(B)) is amended by striking ‘‘2018’’ and inserting
‘‘2023’’.
SEC.
12407.
UNDER SECRETARY
DEVELOPMENT.
OF
AGRICULTURE
FOR
RURAL
Section 231 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6941) is amended—
(1) in subsection (a), by striking ‘‘is authorized to’’ and
inserting ‘‘shall’’; and
(2) in subsection (b), by striking ‘‘If the Secretary’’ and
all that follows through ‘‘the Under Secretary shall’’ and
inserting ‘‘The Under Secretary of Agriculture for Rural
Development shall’’.
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SEC. 12408. ADMINISTRATOR OF THE RURAL UTILITIES SERVICE.
(a) RATE OF PAY.—
(1) IN GENERAL.—Section 232(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) is
amended to read as follows:
‘‘(b) ADMINISTRATOR.—
‘‘(1) APPOINTMENT.—The Rural Utilities Service shall be
headed by an Administrator who shall be appointed by the
President.
‘‘(2) COMPENSATION.—The Administrator of the Rural Utilities Service shall receive basic pay at a rate not to exceed
the maximum amount of compensation payable to a member
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132 STAT. 4977
of the Senior Executive Service under subsection (b) of section
5382 of title 5, United States Code.’’.
(2) CONFORMING AMENDMENT.—Section 5315 of title 5,
United States Code, is amended by striking ‘‘Administrator,
Rural Utilities Service, Department of Agriculture.’’.
(b) OTHER AMENDMENT RELATING TO ADMINISTRATOR.—Section
748 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C.
918b) is amended by inserting ‘‘the Secretary of Agriculture, acting
through’’ before ‘‘the Administrator of the Rural Utilities Service’’.
SEC. 12409. RURAL HEALTH LIAISON.
Subtitle C of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6941 et seq.) is amended by adding
at the end the following:
‘‘SEC. 236. RURAL HEALTH LIAISON.
7 USC 6946.
‘‘(a) AUTHORIZATION.—The Secretary shall establish in the
Department the position of Rural Health Liaison.
‘‘(b) DUTIES.—The Rural Health Liaison shall—
‘‘(1) in consultation with the Secretary of Health and
Human Services, coordinate the role of the Department with
respect to rural health;
‘‘(2) integrate across the Department the strategic planning
and activities relating to rural health;
‘‘(3) improve communication relating to rural health within
the Department and between Federal agencies;
‘‘(4) advocate on behalf of the health care and relevant
infrastructure needs in rural areas;
‘‘(5) provide to stakeholders, potential grant applicants,
Federal agencies, State agencies, Indian Tribes, private
organizations, and academic institutions relevant data and
information, including the eligibility requirements for, and
availability and outcomes of, Department programs applicable
to the advancement of rural health;
‘‘(6) maintain communication with public health, medical,
occupational safety, and telecommunication associations,
research entities, and other stakeholders to ensure that the
Department is aware of current and upcoming issues relating
to rural health;
‘‘(7) consult on programs, pilot projects, research, training,
and other affairs relating to rural health at the Department
and other Federal agencies;
‘‘(8) provide expertise on rural health to support the activities of the Secretary as Chair of the Council on Rural Community Innovation and Economic Development; and
‘‘(9) provide technical assistance and guidance with respect
to activities relating to rural health to the outreach, extension,
and county offices of the Department.’’.
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SEC. 12410. NATURAL RESOURCES CONSERVATION SERVICE.
(a) FIELD OFFICES.—Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended
by section 12404(b)(1)) is amended by adding at the end the following:
‘‘(g) FIELD OFFICES.—
‘‘(1) IN GENERAL.—The Secretary shall not close any field
office of the Natural Resources Conservation Service unless,
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PUBLIC LAW 115–334—DEC. 20, 2018
not later than 30 days before the date of the closure, the
Secretary submits to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the closure.
‘‘(2) EMPLOYEES.—The Secretary shall not permanently
relocate any field-based employees of the Natural Resources
Conservation Service or the rural development mission area
if doing so would result in a field office of the Natural Resources
Conservation Service or the rural development mission area
with 2 or fewer employees, unless, not later than 30 days
before the date of the permanent relocation, the Secretary
submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a notification of the permanent relocation.
‘‘(3) SUNSET.—The requirements under paragraphs (1) and
(2) shall cease to be effective on September 30, 2023.’’.
(b) TECHNICAL CORRECTIONS.—Section 246 of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by subsection (a)) is further amended—
(1) in subsection (b)—
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(C) in paragraph (4) (as so redesignated), by inserting
‘‘; Public Law 101–624’’ after ‘‘note’’; and
(D) in paragraph (5) (as so redesignated), by striking
‘‘3831–3836’’ and inserting ‘‘3831 et seq.’’; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘paragraphs (1), (2), and (4) of subsection (b)
and the program under subchapter C of chapter 1 of subtitle
D of title XII of the Food Security Act of 1985 (16 U.S.C.
3837–3837f)’’ and inserting ‘‘paragraphs (1) and (3) of subsection
(b)’’.
(c) RELOCATION IN ACT.—
(1) IN GENERAL.—Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended
by subsections (a) and (b)) is—
(A) redesignated as section 228; and
(B) moved so as to appear at the end of subtitle B
of title II (7 U.S.C. 6931 et seq.).
(2) CONFORMING AMENDMENTS.—
(A) Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) (as amended
by section 12404(a)) is amended—
(i) in subsection (b)(5), by striking ‘‘section 246(b)’’
and inserting ‘‘section 228(b)’’; and
(ii) in subsection (g)(2), by striking ‘‘section 246(b)’’
and inserting ‘‘section 228(b)’’.
(B) Section 271(2)(F) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(F)) is
amended by striking ‘‘section 246(b)’’ and inserting ‘‘section
228(b)’’.
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SEC. 12411. OFFICE OF THE CHIEF SCIENTIST.
(a) IN GENERAL.—Section 251(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(e)) is amended—
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(1) in the subsection heading, by striking ‘‘RESEARCH, EDUOFFICE’’ and inserting ‘‘OFFICE OF THE
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CATION, AND EXTENSION
CHIEF SCIENTIST’’;
(2) in paragraph (1), by striking ‘‘Research, Education,
and Extension Office’’ and inserting ‘‘Office of the Chief Scientist’’;
(3) in paragraph (2), in the matter preceding subparagraph
(A), by striking ‘‘Research, Education, and Extension Office’’
and inserting ‘‘Office of the Chief Scientist’’;
(4) in paragraph (3)(C), by striking ‘‘subparagraph (A) shall
not exceed 4 years’’ and inserting ‘‘clauses (i) and (iii) of
subparagraph (A) shall be for not less than 3 years’’;
(5) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(6) by inserting after paragraph (3) the following:
‘‘(4) ADDITIONAL LEADERSHIP DUTIES.—In addition to
selecting the Division Chiefs under paragraph (3), using available personnel authority under title 5, United States Code,
the Under Secretary shall select personnel—
‘‘(A) to oversee implementation, training, and compliance with the scientific integrity policy of the Department;
‘‘(B)(i) to integrate strategic program planning and
evaluation functions across the programs of the Department; and
‘‘(ii) to help prepare the annual report to Congress
on the relevance and adequacy of programs under the
jurisdiction of the Under Secretary;
‘‘(C) to assist the Chief Scientist in coordinating the
international engagements of the Department with the
Department of State and other international agencies and
offices of the Federal Government; and
‘‘(D) to oversee other duties as may be required by
Federal law or Department policy.’’;
(7) in paragraph (5) (as so redesignated)—
(A) in subparagraph (A), by striking ‘‘Notwithstanding’’
and inserting the following:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as are necessary to fund the costs of Division personnel.
‘‘(ii) ADDITIONAL FUNDING.—In addition to amounts
made available under clause (i), notwithstanding’’; and
(B) in subparagraph (C)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) in clause (ii), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(iii) provides strong staff continuity to the Office
of the Chief Scientist.’’; and
(8) in paragraph (6) (as so redesignated), by striking
‘‘Research, Education and Extension Office’’ and inserting
‘‘Office of the Chief Scientist’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 251(f)(5)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended
by striking ‘‘Research, Education and Extension Office’’ and
inserting ‘‘Office of the Chief Scientist’’.
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PUBLIC LAW 115–334—DEC. 20, 2018
(2) Section 296(b)(6)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended
by striking ‘‘Research, Education, and Extension Office’’ and
inserting ‘‘Office of the Chief Scientist’’.
SEC. 12412. APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING
OFFICERS.
Section 272(e) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6992(e)) is amended to read as follows:
‘‘(e) DIVISION PERSONNEL.—
‘‘(1) IN GENERAL.—The Director shall recommend to the
Secretary persons for appointment as hearing officers as are
necessary for the conduct of hearings under section 277. The
Director shall appoint such other employees as are necessary
for the administration of the Division. A hearing officer or
other employee of the Division shall have no duties other than
those that are necessary to carry out this subtitle. Each position
of the Division shall be filled by an individual who is not
a political appointee.
‘‘(2) POLITICAL APPOINTEE.—In this subsection, the term
‘political appointee’ means an individual occupying—
‘‘(A) a position described under sections 5312 through
5316 of title 5, United States Code (relating to the Executive Schedule);
‘‘(B) a noncareer position in the Senior Executive
Service, as described under section 3132(a)(7) of that title;
‘‘(C) a position in the executive branch of the Government of a confidential or policy-determining character
under schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations; or
‘‘(D) a position which has been excepted from the
competitive service by reason of its confidential, policydetermining, policy-making, or policy-advocating character.’’.
SEC. 12413. TRADE AND FOREIGN AGRICULTURAL AFFAIRS.
The Department of Agriculture Reorganization Act of 1994
is amended—
(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.)
as subtitle K; and
(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.)
the following:
‘‘Subtitle J—Trade and Foreign
Agricultural Affairs
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7 USC 7007.
‘‘SEC. 287. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND FOREIGN AGRICULTURAL AFFAIRS.
‘‘(a) ESTABLISHMENT.—There is established in the Department
the position of Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs.
‘‘(b) APPOINTMENT.—The Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs shall be appointed by the
President, by and with the advice and consent of the Senate.
‘‘(c) FUNCTIONS.—
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132 STAT. 4981
‘‘(1) PRINCIPAL FUNCTIONS.—The Secretary shall delegate
to the Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs those functions and duties under the jurisdiction of the Department that are related to trade and foreign
agricultural affairs.
‘‘(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs shall perform
such other functions and duties as may be—
‘‘(A) required by law; or
‘‘(B) prescribed by the Secretary.’’.
SEC. 12414. REPEALS.
(a) DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF
1994.—The following provisions of the Department of Agriculture
Reorganization Act of 1994 are repealed:
(1) Section 211 (7 U.S.C. 6911).
(2) Section 213 (7 U.S.C. 6913).
(3) Section 214 (7 U.S.C. 6914).
(4) Section 217 (7 U.S.C. 6917).
(5) Section 247 (7 U.S.C. 6963).
(6) Section 252 (7 U.S.C. 6972).
(7) Section 295 (7 U.S.C. 7013).
(b) OTHER PROVISION.—Section 3208 of the Agricultural Act
of 2014 (7 U.S.C. 6935) is repealed.
(c) RULE OF CONSTRUCTION.—Nothing in the amendments made
by this section shall be construed as affecting—
(1) the authority of the Secretary to continue to carry
out a function vested in, and performed by, the Secretary as
of the date of enactment of this Act under any provision of
Federal law other than the provisions repealed by subsections
(a) and (b); or
(2) the authority of an agency, office, officer, or employee
of the Department of Agriculture to continue to perform all
functions delegated or assigned to the agency, office, officer,
or employee as of the date of enactment of this Act any provision
of Federal law other than the provisions repealed by subsections
(a) and (b).
7 USC 6911 note.
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SEC. 12415. TECHNICAL CORRECTIONS.
(a) OFFICE OF RISK MANAGEMENT.—Section 226A(a) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6933(a)) is amended by striking ‘‘Subject to subsection (e), the
Secretary’’ and inserting ‘‘The Secretary’’.
(b) CORRECTION OF ERROR.—
(1) ASSISTANT SECRETARIES OF AGRICULTURE.—Section 218
of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6918) (as in effect on the day before the effective
date of the amendments made by section 2(a)(1) of the Presidential Appointment Efficiency and Streamlining Act of 2011
(Public Law 112–166; 126 Stat. 1283, 1295)) is amended by
striking ‘‘Senate.’’ in subsection (b) and all that follows through
‘‘responsibility for—’’ in the matter preceding paragraph (1)
of subsection (d) and inserting the following: ‘‘Senate.
‘‘(c) DUTIES OF ASSISTANT SECRETARY OF AGRICULTURE FOR
CIVIL RIGHTS.—The Secretary may delegate to the Assistant Secretary for Civil Rights responsibility for—’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) take effect on the effective date described in section 6(a)
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PUBLIC LAW 115–334—DEC. 20, 2018
of the Presidential Appointment Efficiency and Streamlining
Act of 2011 (Public Law 112–166; 126 Stat. 1295).
SEC. 12416. TERMINATION OF AUTHORITY.
Section 296(b) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end
the following:
‘‘(9) The authority of the Secretary to carry out the amendments made to this title by section 772 of the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2018.
‘‘(10) The authority of the Secretary to carry out the amendments made to this title by the Agriculture Improvement Act
of 2018.’’.
Subtitle E—Other Miscellaneous
Provisions
PART I—MISCELLANEOUS AGRICULTURE
PROVISIONS
SEC. 12501. ACER ACCESS AND DEVELOPMENT PROGRAM.
Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C.
1632c(f)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.
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SEC. 12502. PROTECTING ANIMALS WITH SHELTER.
(a) CRIMES RELATED TO DOMESTIC VIOLENCE AND STALKING
TARGETING PETS.—
(1) INTERSTATE STALKING.—Section 2261A of title 18,
United States Code, is amended—
(A) in paragraph (1)(A)—
(i) in clause (ii), by striking ‘‘or’’ at the end; and
(ii) by inserting after clause (iii) the following:
‘‘(iv) the pet, service animal, emotional support
animal, or horse of that person; or’’; and
(B) in paragraph (2)(A)—
(i) by inserting after ‘‘to a person’’ the following:
‘‘, a pet, a service animal, an emotional support animal,
or a horse’’; and
(ii) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), or
(iv)’’.
(2) INTERSTATE VIOLATION OF PROTECTION ORDER.—Section
2262 of title 18, United States Code, is amended—
(A) in subsection (a)—
(i) in paragraph (1), by inserting after ‘‘another
person’’ the following: ‘‘or the pet, service animal, emotional support animal, or horse of that person’’; and
(ii) in paragraph (2), by inserting after ‘‘proximity
to, another person’’ the following ‘‘or the pet, service
animal, emotional support animal, or horse of that
person’’; and
(B) in subsection (b)(5), by inserting after ‘‘in any other
case,’’ the following: ‘‘including any case in which the
offense is committed against a pet, service animal, emotional support animal, or horse,’’.
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132 STAT. 4983
(3) RESTITUTION TO INCLUDE VETERINARY SERVICES.—Section 2264 of title 18, United States Code, is amended in subsection (b)(3)—
(A) by redesignating subparagraph (F) as subparagraph
(G);
(B) in subparagraph (E), by striking ‘‘and’’ at the end;
and
(C) by inserting after subparagraph (E) the following:
‘‘(F) veterinary services relating to physical care for
the victim’s pet, service animal, emotional support animal,
or horse; and’’.
(4) DEFINITIONS.—Section 2266 of title 18, United States
Code, is amended by inserting after paragraph (10) the following:
‘‘(11) PET.—The term ‘pet’ means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, or other animal
that is kept for pleasure rather than for commercial purposes.
‘‘(12) EMOTIONAL SUPPORT ANIMAL.—The term ‘emotional
support animal’ means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal
Regulations (or a successor regulation), and that is not a service
animal.
‘‘(13) SERVICE ANIMAL.—The term ‘service animal’ has the
meaning given the term in section 36.104 of title 28, Code
of Federal Regulations (or a successor regulation).’’.
(b) EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING
ASSISTANCE GRANT PROGRAM.—
(1) GRANT PROGRAM.—
(A) IN GENERAL.—The Secretary, acting in consultation
with the Office of the Violence Against Women of the
Department of Justice, the Secretary of Housing and Urban
Development, and the Secretary of Health and Human
Services, shall award grants under this subsection to
eligible entities to carry out programs to provide the assistance described in paragraph (3) with respect to victims
of domestic violence, dating violence, sexual assault, or
stalking and the pets, service animals, emotional support
animals, or horses of such victims.
(B) MEMORANDUM OF UNDERSTANDING.—The Secretary
may enter into a memorandum of understanding with the
head of another Department or agency, as appropriate,
to carry out any of the authorities provided to the Secretary
under this section.
(2) APPLICATION.—
(A) IN GENERAL.—An eligible entity seeking a grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require,
including—
(i) a description of the activities for which a grant
under this subsection is sought;
(ii) such assurances as the Secretary determines
to be necessary to ensure compliance by the entity
with the requirements of this subsection; and
(iii) a certification that the entity, before engaging
with any individual domestic violence victim, will disclose to the victim any mandatory duty of the entity
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132 STAT. 4984
PUBLIC LAW 115–334—DEC. 20, 2018
to report instances of abuse and neglect (including
instances of abuse and neglect of pets, service animals,
emotional support animals, or horses).
(B) ADDITIONAL REQUIREMENTS.—In addition to the
requirements of subparagraph (A), each application submitted by an eligible entity under that subparagraph
shall—
(i) not include proposals for any activities that
may compromise the safety of a domestic violence
victim, including—
(I) background checks of domestic violence victims; or
(II) clinical evaluations to determine the eligibility of such a victim for support services;
(ii) not include proposals that would require
mandatory services for victims or that a victim obtain
a protective order in order to receive proposed services;
and
(iii) reflect the eligible entity’s understanding of
the dynamics of domestic violence, dating violence,
sexual assault, or stalking.
(C) RULES OF CONSTRUCTION.—Nothing in this paragraph shall be construed to require—
(i) domestic violence victims to participate in the
criminal justice system in order to receive services;
or
(ii) eligible entities receiving a grant under this
subsection to breach client confidentiality.
(3) USE OF FUNDS.—Grants awarded under this subsection
may only be used for programs that provide—
(A) emergency and transitional shelter and housing
assistance for domestic violence victims with pets, service
animals, emotional support animals, or horses, including
assistance with respect to any construction or operating
expenses of newly developed or existing emergency and
transitional pet, service animal, emotional support animal,
or horse shelter and housing (regardless of whether such
shelter and housing is co-located at a victim service provider or within the community);
(B) short-term shelter and housing assistance for
domestic violence victims with pets, service animals, emotional support animals, or horses, including assistance with
respect to expenses incurred for the temporary shelter,
housing, boarding, or fostering of the pets, service animals,
emotional support animals, or horses of domestic violence
victims and other expenses that are incidental to securing
the safety of such a pet, service animal, emotional support
animal, or horse during the sheltering, housing, or relocation of such victims;
(C) support services designed to enable a domestic
violence victim who is fleeing a situation of domestic
violence, dating violence, sexual assault, or stalking to—
(i) locate and secure—
(I) safe housing with the victim’s pet, service
animal, emotional support animal, or horse; or
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132 STAT. 4985
(II) safe accommodations for the victim’s pet,
service animal, emotional support animal, or horse;
or
(ii) provide the victim with pet, service animal,
emotional support animal, or horse related services,
such as transportation, care services, and other assistance; or
(D) for the training of relevant stakeholders on—
(i) the link between domestic violence, dating
violence, sexual assault, or stalking and the abuse
and neglect of pets, service animals, emotional support
animals, and horses;
(ii) the needs of domestic violence victims;
(iii) best practices for providing support services
to such victims;
(iv) best practices for providing such victims with
referrals to victims’ services; and
(v) the importance of confidentiality.
(4) GRANT CONDITIONS.—An eligible entity that receives
a grant under this subsection shall, as a condition of such
receipt, agree—
(A) to be bound by the nondisclosure of confidential
information requirements of section 40002(b)(2) of the
Violence Against Women Act of 1994 (34 U.S.C.
12291(b)(2)); and
(B) that the entity shall not condition the receipt of
support, housing, or other benefits provided pursuant to
this subsection on the participation of domestic violence
victims in any or all of the support services offered to
such victims through a program carried out by the entity
using grant funds.
(5) DURATION OF ASSISTANCE PROVIDED TO VICTIMS.—
(A) IN GENERAL.—Subject to subparagraph (B), assistance provided with respect to a pet, service animal, emotional support animal, or horse of a domestic violence victim
using grant funds awarded under this subsection shall
be provided for a period of not more than 24 months.
(B) EXTENSION.—An eligible entity that receives a
grant under this subsection may extend the 24-month
period referred to in subparagraph (A) for a period of
not more than 6 months in the case of a domestic violence
victim who—
(i) has made a good faith effort to acquire permanent housing for the victim and the victim’s pet, service
animal, emotional support animal, or horse during that
24-month period; and
(ii) has been unable to acquire such permanent
housing within that period.
(6) REPORT TO THE SECRETARY.—Not later than 1 year
after the date on which an eligible entity receives a grant
under this subsection and each year thereafter in which the
grant funds are used, the entity shall submit to the Secretary
a report that contains, with respect to assistance provided
by the entity to domestic violence victims with pets, service
animals, emotional support animals, or horses using grant
funds received under this subsection, information on—
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132 STAT. 4986
PUBLIC LAW 115–334—DEC. 20, 2018
(A) the number of domestic violence victims with pets,
service animals, emotional support animals, or horses provided such assistance; and
(B) the purpose, amount, type of, and duration of such
assistance.
(7) REPORT TO CONGRESS.—
(A) REPORTING REQUIREMENT.—Not later than
November 1 of each even-numbered fiscal year, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report
that contains a compilation of the information contained
in the reports submitted under paragraph (6).
(B) AVAILABILITY OF REPORT.—The Secretary shall
transmit a copy of the report submitted under subparagraph (A) to—
(i) the Office on Violence Against Women of the
Department of Justice;
(ii) the Office of Community Planning and Development of the Department of Housing and Urban
Development; and
(iii) the Administration for Children and Families
of the Department of Health and Human Services.
(8) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection $3,000,000 for each
of fiscal years 2019 through 2023.
(B) LIMITATION.—Of the amount made available under
subparagraph (A) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, salaries, and
administrative expenses.
(9) DEFINITIONS.—In this subsection:
(A) DOMESTIC VIOLENCE VICTIM DEFINED.—The term
‘‘domestic violence victim’’ means a victim of domestic
violence, dating violence, sexual assault, or stalking.
(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’
means—
(i) a State;
(ii) a unit of local government;
(iii) an Indian tribe; or
(iv) any other organization that has a documented
history of effective work concerning domestic violence,
dating violence, sexual assault, or stalking (as determined by the Secretary), including—
(I) a domestic violence and sexual assault
victim service provider;
(II) a domestic violence and sexual assault
coalition;
(III) a community-based and culturally specific
organization;
(IV) any other nonprofit, nongovernmental
organization; and
(V) any organization that works directly with
pets, service animals, emotional support animals,
or horses and collaborates with any organization
referred to in clauses (i) through (iv), including—
(aa) an animal shelter; and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4987
(bb) an animal welfare organization.
(C) EMOTIONAL SUPPORT ANIMAL.—The term ‘‘emotional
support animal’’ means an animal that is covered by the
exclusion specified in section 5.303 of title 24, Code of
Federal Regulations (or a successor regulation), and that
is not a service animal.
(D) PET.—The term ‘‘pet’’ means a domesticated
animal, such as a dog, cat, bird, rodent, fish, turtle, or
other animal that is kept for pleasure rather than for
commercial purposes.
(E) SERVICE ANIMAL.—The term ‘‘service animal’’ has
the meaning given the term in section 36.104 of title 28,
Code of Federal Regulations (or a successor regulation).
(F) OTHER TERMS.—Except as otherwise provided in
this subsection, terms used in this section shall have the
meaning given such terms in section 40002(a) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(a)).
(c) SENSE OF CONGRESS.—It is the sense of Congress that
States should encourage the inclusion of protections against violent
or threatening acts against the pet, service animal, emotional support animal, or horse of a person in domestic violence protection
orders.
SEC. 12503. MARKETING ORDERS.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C.
608e–1(a)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by inserting ‘‘cherries,
pecans,’’ after ‘‘walnuts,’’.
SEC. 12504. ESTABLISHMENT OF FOOD LOSS AND WASTE REDUCTION
LIAISON.
Subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6901 et seq.), as amended by sections 12202,
12302, and 12403, is further amended by adding at the end the
following:
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‘‘SEC. 224. FOOD LOSS AND WASTE REDUCTION LIAISON.
7 USC 6924.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a Food
Loss and Waste Reduction Liaison to coordinate Federal, State,
local, and nongovernmental programs, and other efforts, to measure
and reduce the incidence of food loss and waste in accordance
with this section.
‘‘(b) IN GENERAL.—The Food Loss and Waste Reduction Liaison
shall—
‘‘(1) coordinate food loss and waste reduction efforts within
the Department of Agriculture and with other Federal agencies,
including the Environmental Protection Agency and the Food
and Drug Administration;
‘‘(2) support and promote Federal programs to measure
and reduce the incidence of food loss and waste and increase
food recovery;
‘‘(3) provide information to, and serve as a resource for,
entities engaged in food loss and waste reduction and food
recovery, including information about the availability of, and
eligibility requirements for, participation in Federal, State,
local, and nongovernmental programs;
‘‘(4) raise awareness of the liability protections afforded
under the Bill Emerson Good Samaritan Food Donation Act
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132 STAT. 4988
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(42 U.S.C. 1791) to persons engaged in food loss and waste
reduction and food recovery; and
‘‘(5) make recommendations with respect to expanding
innovative food recovery models and reducing the incidence
of food loss and waste.
‘‘(c) COOPERATIVE AGREEMENTS.—For purposes of carrying out
the duties under subsection (b), the Food Loss and Waste Reduction
Liaison may enter into contracts or cooperative agreements with
the research centers of the Research, Education, and Economics
mission area, institutions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or
nonprofit organizations for—
‘‘(1) the development of educational materials;
‘‘(2) the conduct of workshops and courses; or
‘‘(3) the conduct of research on best practices with respect
to food loss and waste reduction and food recovery.
‘‘(d) STUDY ON FOOD WASTE.—The Secretary shall conduct a
study, in consultation with the Food Loss and Waste Reduction
Liaison, to evaluate and determine—
‘‘(1) methods of measuring food waste;
‘‘(2) standards for the volume of food waste;
‘‘(3) factors that contribute to food waste;
‘‘(4) the cost and volume of food loss;
‘‘(5) the effectiveness of existing liability protections
afforded under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791); and
‘‘(6) measures to ensure that programs contemplated,
undertaken, or funded by the Department of Agriculture do
not disrupt existing food waste recovery and disposal efforts
by commercial, marketing, or business relationships.
‘‘(e) REPORTS.—
‘‘(1) INITIAL REPORT.—Not later than 1 year after the date
of enactment of this section, the Food Loss and Waste Liaison
shall submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the
results of the study conducted under subsection (d).
‘‘(2) REPORT.—Not later than 1 year after the date of the
submission of the report under paragraph (1), the Secretary
shall submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains, with
respect to the preceding year—
‘‘(A) an estimate of the quantity of food waste during
such year; and
‘‘(B) the results of the food waste reduction and loss
prevention activities carried out or led by the Department
of Agriculture.’’.
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SEC. 12505. REPORT ON BUSINESS CENTERS.
(a) IN GENERAL.—Not later than 365 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report evaluating each business center
established in the Department of Agriculture.
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132 STAT. 4989
(b) INCLUSIONS.—The report under subsection (a) shall
include—
(1) an examination of the effectiveness of each business
center in carrying out its mission, including any recommendations to improve the operation of and function of any of those
business centers; and
(2) an evaluation of—
(A) the impact the business centers have on customer
service of the Department of Agriculture;
(B) the impact on the annual budget for agencies the
budget offices of which have been relocated to the business
center, and the effectiveness of funds used to support the
business centers, including an accounting of all discretionary and mandatory funding provided to the business
center for conservation and farm services from—
(i) the Natural Resources Conservation Service;
(ii) the Farm Service Agency; and
(iii) the Risk Management Agency;
(C) funding described in subparagraph (B) spent on
information technology modernizations;
(D) the impact that the business centers have had
on the human resources of the Department of Agriculture,
including hiring;
(E) any concerns or problems with the business centers;
and
(F) any positive or negative impact that the business
centers have had on the functionality of the Department
of Agriculture.
SEC. 12506. REPORT ON PERSONNEL.
For the period of fiscal years 2019 through 2023, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a biannual report describing the number
of staff years and employees of each agency of the Department
of Agriculture.
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SEC. 12507. REPORT ON ABSENT LANDLORDS.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report
describing the effects of absent landlords on the long-term economic
health of agricultural production, including the effect of absent
landlords on—
(1) land valuation;
(2) soil health; and
(3) the economic stability of rural communities.
(b) CONTENTS.—The report under subsection (a) shall include—
(1) a description of the positive and negative effects of
an absent landlord on the land owned by the landlord,
including—
(A) the effect of an absent landlord on the long-term
value of the land; and
(B) the environmental and economic impact of an
absent landlord on the surrounding community; and
(2) recommendations to policymakers concerning how to
mitigate those effects when necessary.
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132 STAT. 4990
7 USC 2266a.
PUBLIC LAW 115–334—DEC. 20, 2018
SEC. 12508. CENTURY FARMS PROGRAM.
The Secretary shall establish a program under which the Secretary recognizes any farm that—
(1) a State department of agriculture or similar statewide
agricultural organization recognizes as a Century Farm; or
(2)(A) is defined as a farm or ranch under section 4284.902
of title 7, Code of Federal Regulations (as in effect on the
date of enactment of this Act);
(B) has been in continuous operation for at least 100 years;
and
(C) has been owned by the same family for at least 100
consecutive years, as verified through deeds, wills, abstracts,
tax statements, or other similar legal documents considered
appropriate by the Secretary.
SEC. 12509. REPORT ON IMPORTATION OF LIVE DOGS.
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(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
on the importation of live dogs into the United States.
(b) CONTENTS.—The report submitted under subsection (a) shall
include, with respect to the importation of live dogs into the United
States for each of the 3 most recent calendar years for which
data are available—
(1) the total number of live dogs imported;
(2) the number of live dogs imported as personal pets;
(3) the number of live dogs imported for resale (as defined
in section 18(a) of the Animal Welfare Act (7 U.S.C. 2148(a));
(4) the number of live dogs for which importation was
requested but denied due to the proposed importation failing
to meet the requirements under—
(A) section 18 of the Animal Welfare Act (7 U.S.C.
2148);
(B) section 71.51 of title 42, Code of Federal Regulations (or any successor regulations); or
(C) any other Federal law; and
(5) any recommendations of the Secretary for modifications
to Federal law (including regulations) relating to the importation of live dogs, including for the protection of public health.
(c) PROVISION OF INFORMATION.—To facilitate the preparation
of the report submitted under subsection (a), not later than 180
days after the date of enactment of this Act, the Secretary of
Commerce, the Secretary of Health and Human Services, and the
Secretary of Homeland Security shall each provide to the Secretary
of Agriculture all available data and information relating to the
importation of live dogs into the United States, including—
(1) the data described in paragraphs (1) through (4) of
subsection (b) for each of the 3 most recent calendar years
for which data is available; and
(2) any recommendations for modifications to Federal law
(including regulations) relating to the importation of live dogs,
including for the protection of public health.
25 USC 4301
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SEC. 12510. TRIBAL PROMISE ZONES.
(a) IN GENERAL.—In this section, the term ‘‘Tribal Promise
Zone’’ means an area that—
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132 STAT. 4991
(1) is nominated by 1 or more Indian tribes (as defined
in section 4(13) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for
designation as a Tribal Promise Zone (in this section referred
to as a ‘‘nominated zone’’);
(2) has a continuous boundary; and
(3) the Secretary designates as a Tribal Promise Zone,
after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of
the Interior, the Secretary of Housing and Urban Development,
the Secretary of Health and Human Services, the Secretary
of Labor, the Secretary of the Treasury, the Secretary of
Transportation, and other agencies as appropriate.
(b) AUTHORIZATION AND NUMBER OF DESIGNATIONS.—Not later
than 1 year after the date of enactment of this Act, the Secretary
shall nominate a minimum number of nominated zones, as determined by the Secretary in consultation with Indian tribes, to be
designated as Tribal Promise Zones.
(c) PERIOD OF DESIGNATIONS.—
(1) IN GENERAL.—The Secretary shall designate nominated
zones as Tribal Promise Zones before January 1, 2020.
(2) EFFECTIVE DATES OF DESIGNATIONS.—The designation
of any Tribal Promise Zone shall take effect—
(A) for purposes of priority consideration in Federal
grant programs and initiatives (other than this section),
upon execution of the Tribal Promise Zone agreement with
the Secretary; and
(B) for purposes of this section, on January 1 of the
first calendar year beginning after the date of the execution
of the Tribal Promise Zone agreement.
(3) TERMINATION OF DESIGNATIONS.—The designation of any
Tribal Promise Zone shall end on the earlier of—
(A)(i) with respect to a Tribal Promise Zone not
described in paragraph (4), the end of the 10-year period
beginning on the date that such designation takes effect;
or
(ii) with respect to a Tribal Promise Zone described
in paragraph (4), the end of the 10-year period beginning
on the date the area was designated as a Tribal Promise
Zone before the date of the enactment of this Act; or
(B) the date of the revocation of such designation.
(4) APPLICATION TO CERTAIN ZONES ALREADY DESIGNATED.—
In the case of any area designated as a Tribal Promise Zone
by the Secretary before the date of the enactment of this
Act, such area shall be deemed a Tribal Promise Zone designated under this section (notwithstanding whether any such
designation has been revoked before the date of the enactment
of this Act) and shall reduce the number of Tribal Promise
Zones remaining to be designated under paragraph (1).
(d) LIMITATIONS ON DESIGNATIONS.—No area may be designated
under this section unless—
(1) the entities nominating the area have the authority
to nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory
to the Secretary that the competitiveness plan described in
the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary with
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such data regarding the economic conditions of the area (before,
during, and after the area’s period of designation as a Tribal
Promise Zone) as the Secretary may require; and
(3) the Secretary determines that any information furnished is reasonably accurate.
(e) APPLICATION.—No area may be designated under this section
unless the application for such designation—
(1) demonstrates that the nominated zone satisfies the
eligibility criteria described in subsection (a); and
(2) includes a competitiveness plan that—
(A) addresses the need of the nominated zone to attract
investment and jobs and improve educational opportunities;
(B) leverages the nominated zone’s economic strengths
and outlines targeted investments to develop competitive
advantages;
(C) demonstrates collaboration across a wide range
of stakeholders;
(D) outlines a strategy that connects the nominated
zone to drivers of regional economic growth; and
(E) proposes a strategy for focusing on increased access
to high quality affordable housing and improved public
safety.
(f) SELECTION CRITERIA.—
(1) IN GENERAL.—From among the nominated zones eligible
for designation under this section, the Secretary shall designate
Tribal Promise Zones on the basis of—
(A) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under
subsection (d);
(B) unemployment rates, poverty rates, vacancy rates,
crime rates, and such other factors as the Secretary may
identify, including household income, labor force participation, and educational attainment; and
(C) other criteria as determined by the Secretary.
(2) MINIMAL STANDARDS.—The Secretary may set minimal
standards for the levels of unemployment and poverty that
must be satisfied for designation as a Tribal Promise Zone.
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SEC. 12511. PRECISION AGRICULTURE CONNECTIVITY.
(a) FINDINGS.—Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate overlap
in operations, and reduce inputs such as seed, fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture technologies
can reduce agricultural operation costs by up to 25 dollars
per acre and increase farm yields by up to 70 percent by
2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the availability
of reliable broadband Internet access service delivered to the
agricultural land of the United States.
(5) The deployment of broadband Internet access service
to unserved agricultural land is critical to the United States
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4993
economy and to the continued leadership of the United States
in global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet access
service is not consistently available where needed for agricultural operations.
(7) The Federal Communications Commission has an
important role to play in the deployment of broadband Internet
access service on unserved agricultural land to promote precision agriculture.
(b) TASK FORCE.—
(1) DEFINITIONS.—In this subsection:
(A)(i) The term ‘‘broadband Internet access service’’
means a mass-market retail service by wire or radio that
provides the capability to transmit data to, and receive
data from, all or substantially all Internet endpoints,
including any capabilities that are incidental to, and enable
the operation of, the communications service, but excluding
dial up internet access service.
(ii) Such term includes any service the Commission
finds to be providing a functional equivalent of the service
described in clause (i).
(B) The term ‘‘Commission’’ means the Federal
Communications Commission.
(C) The term ‘‘Department’’ means the Department
of Agriculture.
(D) The term ‘‘Secretary’’ means the Secretary of Agriculture.
(E) The term ‘‘Task Force’’ means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States established under
paragraph (2).
(2) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this Act, the Commission shall establish the
Task Force for Reviewing the Connectivity and Technology
Needs of Precision Agriculture in the United States.
(3) DUTIES.—
(A) IN GENERAL.—The Task Force shall consult with
the Secretary, or a designee of the Secretary, and collaborate with public and private stakeholders in the agriculture
and technology fields to—
(i) identify and measure current gaps in the availability of broadband Internet access service on agricultural land;
(ii) develop policy recommendations to promote the
rapid, expanded deployment of broadband Internet
access service on unserved agricultural land, with a
goal of achieving reliable capabilities on 95 percent
of agricultural land in the United States by 2025;
(iii) promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote
precision agriculture;
(iv) recommend specific new rules or amendments
to existing rules of the Commission that the Commission should issue to achieve the goals and purposes
of the policy recommendations described in clause (ii);
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(v) recommend specific steps that the Commission
should take to obtain reliable and standardized data
measurements of the availability of broadband Internet
access service as may be necessary to target funding
support, from future programs of the Commission dedicated to the deployment of broadband Internet access
service, to unserved agricultural land in need of
broadband Internet access service; and
(vi) recommend specific steps that the Commission
should consider to ensure that the expertise of the
Secretary and available farm data are reflected in
future programs of the Commission dedicated to the
infrastructure deployment of broadband Internet access
service and to direct available funding to unserved
agricultural land where needed.
(B) NO DUPLICATE DATA REPORTING.—In performing
the duties of the Commission under subparagraph (A),
the Commission shall ensure that no provider of broadband
Internet access service is required to report data to the
Commission that is, on the day before the date of enactment
of this Act, required to be reported by the provider of
broadband Internet access service.
(C) HOLD HARMLESS.—The Task Force and the
Commission shall not interpret the phrase ‘‘future programs of the Commission’’, as used in clauses (v) and
(vi) of subparagraph (A), to include the universal service
programs of the Commission established under section 254
of the Communications Act of 1934 (47 U.S.C. 254).
(D) CONSULTATION.—The Secretary, or a designee of
the Secretary, shall explain and make available to the
Task Force the expertise, data mapping information, and
resources of the Department that the Department uses
to identify cropland, ranchland, and other areas with agricultural operations that may be helpful in developing the
recommendations required under subparagraph (A).
(E) LIST OF AVAILABLE FEDERAL PROGRAMS AND
RESOURCES.—Not later than 180 days after the date of
enactment of this Act, the Secretary and the Commission
shall jointly submit to the Task Force a list of all Federal
programs or resources available for the expansion of
broadband Internet access service on unserved agricultural
land to assist the Task Force in carrying out the duties
of the Task Force.
(4) MEMBERSHIP.—
(A) IN GENERAL.—The Task Force shall be—
(i) composed of not more than 15 voting members
who shall—
(I) be selected by the Chairman of the Commission, in consultation with the Secretary; and
(II) include—
(aa) agricultural producers representing
diverse geographic regions and farm sizes,
including owners and operators of farms of
less than 100 acres;
(bb) an agricultural producer representing
tribal agriculture;
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132 STAT. 4995
(cc) Internet service providers, including
regional or rural fixed and mobile broadband
Internet access service providers and telecommunications infrastructure providers;
(dd) representatives from the electric
cooperative industry;
(ee) representatives from the satellite
industry;
(ff) representatives from precision agriculture equipment manufacturers, including
drone manufacturers, manufacturers of autonomous agricultural machinery, and manufacturers of farming robotics technologies;
(gg) representatives from State and local
governments; and
(hh) representatives with relevant expertise in broadband network data collection,
geospatial analysis, and coverage mapping;
and
(ii) fairly balanced in terms of technologies, points
of view, and fields represented on the Task Force.
(B) PERIOD OF APPOINTMENT; VACANCIES.—
(i) IN GENERAL.—A member of the Committee
appointed under subparagraph (A)(i) shall serve for
a single term of 2 years.
(ii) VACANCIES.—Any vacancy in the Task Force—
(I) shall not affect the powers of the Task
Force; and
(II) shall be filled in the same manner as
the original appointment.
(C) EX-OFFICIO MEMBER.—The Secretary, or a designee
of the Secretary, shall serve as an ex-officio, nonvoting
member of the Task Force.
(5) REPORTS.—Not later than 1 year after the date on
which the Commission establishes the Task Force, and annually
thereafter, the Task Force shall submit to the Chairman of
the Commission a report, which shall be made public not later
than 30 days after the date on which the Chairman receives
the report, that details—
(A) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(B) the projected future connectivity needs of agricultural operations, farmers, and ranchers; and
(C) the steps being taken to accurately measure the
availability of broadband Internet access service on agricultural land and the limitations of current, as of the date
of the report, measurement processes.
(6) TERMINATION.—The Commission shall renew the Task
Force every 2 years until the Task Force terminates on January
1, 2025.
(c) NO ADDITIONAL FUNDS AUTHORIZED.—No additional funds
is authorized to be appropriated to carry out this section. This
section shall be carried out using amounts otherwise authorized.
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SEC. 12512. IMPROVEMENTS TO UNITED STATES DROUGHT MONITOR.
7 USC 5856.
(a) IN GENERAL.—The Secretary shall coordinate with the
Director of the National Drought Mitigation Center and the
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Administrator of the National Oceanic and Atmospheric Administration to enhance the collection of data to improve the accuracy
of the United States Drought Monitor.
(b) UTILIZATION.—To the maximum extent practicable, the Secretary shall utilize a consistent source or sources of data for programs that are based on drought or precipitation indices, such
as the livestock forage disaster program established under section
1501(c) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)) or policies
or plans of insurance established under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(c) REVIEW.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall conduct a review of—
(1) the types of data currently utilized by the United States
Drought Monitor;
(2) the geographic coverage and density of existing data
collection sites; and
(3) other meteorological or climatological data that is being
collected by other Federal agencies, State and local governments, and non-Federal entities that could be utilized by the
United States Drought Monitor.
(d) IMPROVEMENTS.—
(1) IN GENERAL.—Upon the completion of the review prescribed in subsection (c), the Secretary shall—
(A) seek to expand the collection of relevant data in
States or geographic areas where coverage is currently
lacking as compared to other States or geographic areas;
and
(B) to the maximum extent practicable, develop standards to allow the integration of meteorological or climatological data into the United States Drought Monitor derived
from—
(i) in-situ soil moisture profile measuring devices;
(ii) citizen science (as defined in the Crowdsourcing
and Citizen Science Act (15 U.S.C. 3724)), including
data from the Cooperative Observer Program of the
National Weather Service; and
(iii) other Federal agencies, State and local governments, and non-Federal entities.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is to be
authorized to be appropriated to the Secretary to carry out
this subsection $5,000,000 for each of fiscal years 2019 through
2023.
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7 USC 1632d.
SEC. 12513. DAIRY BUSINESS INNOVATION INITIATIVES.
(a) DEFINITIONS.—In this section:
(1) DAIRY BUSINESS.—The term ‘‘dairy business’’ means
a business that develops, produces, markets, or distributes
dairy products.
(2) INITIATIVE.—The term ‘‘initiative’’ means a dairy
product and business innovation initiative established under
subsection (b).
(b) ESTABLISHMENT.—The Secretary shall establish not less
than 3 regionally-located dairy product and business innovation
initiatives for the purposes of—
(1) diversifying dairy product markets to reduce risk and
develop higher-value uses for dairy products;
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 4997
(2) promoting business development that diversifies farmer
income through processing and marketing innovation; and
(3) encouraging the use of regional milk production.
(c) SELECTION OF INITIATIVES.—An initiative—
(1) shall be positioned to draw on existing dairy industry
resources, including activities conducted by the National Dairy
Promotion and Research Board and other dairy promotion entities, research capacity, academic and industry expertise, a density of dairy farms or farmland suitable for dairying, and dairy
businesses; and
(2) may serve a certain product niche, such as specialty
cheese, or serve dairy businesses with dairy products derived
from the milk of a specific type of dairy animal, including
dairy products made from cow milk, sheep milk, and goat
milk.
(d) ENTITIES ELIGIBLE TO HOST INITIATIVE.—
(1) IN GENERAL.—Subject to paragraph (2), any of the following entities may submit to the Secretary an application
to host an initiative:
(A) A State department of agriculture or other State
entity.
(B) A nonprofit organization.
(C) An institution of higher education.
(D) A cooperative extension service.
(2) CAPACITY OF ELIGIBLE ENTITY.—Any entity described
in subparagraphs (A) through (D) of paragraph (1) shall be
eligible to submit an application under that paragraph if the
entity has—
(A) a capacity to provide consultation and expertise
necessary to advance the purpose and activities of the
proposed initiative; and
(B) expertise in grant distribution and tracking.
(3) INELIGIBLE ENTITY.—A dairy promotion program shall
not be eligible to host an initiative under this section.
(e) PARTNERS.—
(1) IN GENERAL.—An entity described in subsection (d)(1)
may establish as a partner an organization or entity described
in paragraph (2)—
(A) prior to the submission of the application under
that subsection; or
(B) after approval of the application, in consultation
with the Secretary.
(2) PARTNER DESCRIBED.—A partner under paragraph (1)
shall be an organization or entity with expertise or experience
in dairy, including the marketing, research, education, or promotion of dairy.
(f) ACTIVITIES OF INITIATIVES.—
(1) DIRECT ASSISTANCE TO DAIRY BUSINESSES.—An initiative
shall provide nonmonetary assistance directly to dairy
businesses through private consultation or widely available distribution—
(A) by the entity that hosts the initiative under subsection (d)(1);
(B) through contracting with industry experts;
(C) through the provision of technical assistance, such
as informational websites, webinars, conferences, trainings,
plant tours, and field days; or
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132 STAT. 4998
PUBLIC LAW 115–334—DEC. 20, 2018
(D) through research institutions, including cooperative
extension services.
(2) TYPES OF ASSISTANCE.—Eligible forms of assistance
include—
(A) business consulting, including business plan
development for processed dairy products, strategic planning assistance, and distribution and supply chain innovation;
(B) marketing and branding assistance, including
market messaging, packaging innovation, consumer assessments, innovation in emerging market opportunities, and
evaluation of regional, national, and international markets;
(C) assistance in product innovation, including the
development of value-added products, innovation in
byproduct reprocessing and use maximization, and dairy
product production training, including in new, rare, or
innovative techniques; and
(D) other nonmonetary assistance, as determined by
the Secretary.
(3) GRANTS TO DAIRY BUSINESSES.—
(A) IN GENERAL.—An initiative shall provide grants
on a competitive basis to new and existing dairy businesses
for the purposes of—
(i) modernization, specialization, and grazing
transition on dairy farms;
(ii) value chain and commodity innovation and
facility and process updates for dairy processors; and
(iii) product development, packaging, and marketing of dairy products.
(B) GRANTS TO CERTAIN ENTITIES.—An initiative may
provide a grant on a noncompetitive basis to an entity
that receives assistance under paragraph (1) to advance
the business activities recommended as a result of that
assistance.
(C) GRANT AMOUNTS.—Grants provided under this
paragraph shall not exceed $500,000, unless a greater
amount is approved by the Secretary.
(4) CONSULTATION.—An entity that hosts an initiative shall
consult with the National Dairy Promotion and Research Board,
the Secretary, and the Administrator of the Agricultural Marketing Service in carrying out the initiative.
(5) CONFLICT OF INTEREST.—
(A) IN GENERAL.—The Secretary shall establish guidelines and procedures to prevent any conflict of interest
or the appearance of a conflict of interest by an initiative
(including a partner of the initiative) during the allocation
of direct assistance under paragraph (1) or grant funding
under paragraph (3).
(B) PENALTY.—The Secretary may suspend or terminate an initiative if the initiative (including a partner
of the initiative) is found to be in violation of the guidelines
and procedures established under subparagraph (A).
(g) DISTRIBUTION OF FUNDS.—
(1) IN GENERAL.—Using the funds made available to carry
out this section, the Secretary—
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132 STAT. 4999
(A) shall provide not less than 3 awards to eligible
entities described in subsection (d) for the purposes of
carrying out the activities under subsection (f); and
(B) is encouraged to award funds under subparagraph
(A) in multiyear funding allocations.
(2) USE OF FUNDS.—Not less than 50 percent of the funds
made available under subsection (i) shall be allocated to grants
under subsection (f)(3).
(3) PRIORITY.—An entity hosting an initiative shall give
priority to the provision of direct assistance under subsection
(f)(1) and grants under subsection (f)(3) to—
(A) dairy farms and dairy businesses with limited
access to other forms of assistance;
(B) employee-owned dairy businesses;
(C) cooperatives; and
(D) dairy businesses that seek to create dairy products
that add substantial value in processing or marketing,
such as specialty cheeses.
(4) REQUIREMENT.—Assistance or a grant shall not be made
available to a foreign person making direct investment (as
those terms are defined in section 801.2 of title 15, Code of
Federal Regulations (or successor regulations)) in the United
States in the case of—
(A) direct assistance under subsection (f)(1) that is
provided to a specific dairy business and is not publicly
available, as determined by the Secretary; or
(B) a grant under subsection (f)(3).
(5) SUPPLEMENTATION.—To the extent practicable, the Secretary shall ensure that funds provided to an initiative supplement, and do not duplicate or replace, existing dairy product
research, development, and promotion activities.
(h) REPORT.—Not later than January 31, 2022, the Secretary
shall submit to Congress a report on the outcomes of the program
under this section and any related activities and opportunities
to further increase dairy innovation.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $20,000,000 for each
fiscal year.
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SEC. 12514. REPORT ON FUNDING FOR THE NATIONAL INSTITUTE OF
FOOD AND AGRICULTURE AND OTHER EXTENSION PROGRAMS.
(a) IN GENERAL.—Not later than 2 years after the date on
which the census of agriculture required to be conducted in calendar
year 2017 under section 2 of the Census of Agriculture Act of
1997 (7 U.S.C. 2204g) is released, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes the funding necessary to adequately
address the needs of the National Institute of Food and Agriculture,
activities carried out under the Smith-Lever Act (7 U.S.C. 341
et seq.), and research and extension programs carried out at an
1890 Institution (as defined in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7601)) or an institution designated under the Act of July 2, 1862
(commonly known as the ‘‘First Morrill Act’’) (12 Stat. 503, chapter
130; 7 U.S.C. 301 et seq.), to provide adequate services for the
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growth and development of the economies of rural communities
based on the changing demographic in the rural and farming
communities in the various States.
(b) REQUIREMENTS.—In preparing the report under subsection
(a), the Secretary shall focus on the funding needs of the programs
described in subsection (a) with respect to carrying out activities
relating to small and diverse farms and ranches, veteran farmers
and ranchers, value-added agriculture, direct-to-consumer sales,
and specialty crops.
SEC. 12515. PROHIBITION ON SLAUGHTER OF DOGS AND CATS FOR
HUMAN CONSUMPTION.
7 USC 2160.
(a) IN GENERAL.—Except as provided in subsection (c), no person may—
(1) knowingly slaughter a dog or cat for human consumption; or
(2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate—
(A) a dog or cat to be slaughtered for human consumption; or
(B) a dog or cat part for human consumption.
(b) SCOPE.—Subsection (a) shall apply only with respect to
conduct—
(1) in or affecting interstate commerce or foreign commerce;
or
(2) within the special maritime and territorial jurisdiction
of the United States.
(c) EXCEPTION FOR INDIAN TRIBES.—The prohibition in subsection (a) shall not apply to an Indian (as defined in section
4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) carrying out any activity described in subsection
(a) for the purpose of a religious ceremony.
(d) PENALTY.—Any person who violates subsection (a) shall
be subject to a fine in an amount not greater than $5,000 for
each violation.
(e) EFFECT ON STATE LAW.—Nothing in this section—
(1) limits any State or local law or regulation protecting
the welfare of animals; or
(2) prevents a State or unit of local government from
adopting and enforcing an animal welfare law or regulation
that is more stringent than this section.
21 USC 343 note.
SEC. 12516. LABELING EXEMPTION FOR SINGLE INGREDIENT FOODS
AND PRODUCTS.
The food labeling requirements under section 403(q) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) shall
not require that the nutrition facts label of any single-ingredient
sugar, honey, agave, or syrup, including maple syrup, that is packaged and offered for sale as a single-ingredient food bear the declaration ‘‘Includes X g Added Sugars.’’.
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SEC. 12517. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA PEANUT PRODUCING REGION.
Section 1308(c)(2)(B)(iii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by striking
‘‘Virginia and North Carolina’’ and inserting ‘‘Virginia, North Carolina, and South Carolina’’.
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132 STAT. 5001
SEC. 12518. FOREST SERVICE HIRE AUTHORITY.
16 USC 1725b.
(a) IN GENERAL.—The Secretary of Agriculture may appoint,
without regard to the provisions of subchapter I of chapter 33
of title 5, United States Code, other than sections 3303 and 3328
of such title, a qualified candidate described in subsection (b)
directly to a position with the Department of Agriculture, Forest
Service for which the candidate meets Office of Personnel Management qualification standards.
(b) QUALIFICATIONS.—Subsection (a) applies to a former
resource assistant (as defined in section 203 of the Public Land
Corps Act (16 U.S.C. 1722)) who—
(1) completed a rigorous internship with a land managing
agency, such as the Forest Service Resource Assistant Program;
(2) successfully fulfilled the requirements of the internship
program; and
(3) earned an undergraduate or graduate degree from an
accredited institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
(c) LIMITATION.—The direct hire authority under this section
may not be exercised with respect to a specific qualified candidate
after the end of the 2-year period beginning on the date on which
the candidate completed the undergraduate or graduate degree,
as the case may be, or has successfully fulfilled the requirements
of the internship program, whichever is later.
SEC. 12519. CONVERSION AUTHORITY.
7 USC 2279j.
The Secretary may, notwithstanding subchapter I of chapter
33 of title 5, United States Code, governing appointments in the
competitive or excepted service, noncompetitively convert to an
appointment in the competitive service, in an agency or office within
the Department of Agriculture, a recent graduate or student who
is a United States citizen and has been awarded and successfully
completed a scholarship program granted to the individual by the
Department through the 1890 National Scholars Program or the
1994 Tribal Scholars Program carried out by the Department, provided the individual meets the requirements for such conversion
and meets Office of Personnel Management qualification standards,
as determined by the Secretary. Nothing in the preceding sentence
shall be construed as requiring the Secretary to convert an individual under the authority under such sentence.
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SEC. 12520. AUTHORIZATION OF PROTECTION OPERATIONS FOR THE
SECRETARY OF AGRICULTURE AND OTHERS.
7 USC 2279k.
(a) IN GENERAL.—The Department of Agriculture is authorized
to employ qualified law enforcement officers or special agents to
provide—
(1) protection for the Secretary and the Deputy Secretary
during the performance of official duties by each such officer
and during any activity that is preliminary or postliminary
to the performance of official duties by each such officer;
(2) protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such
officer who is participating in an activity or event relating
to the official duties of each such officer when there is an
articulable threat to such individual;
(3) continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph
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(1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and
(4) protection of another senior officer representing the
Secretary (including a person nominated to be the Secretary
during the pendency of such nomination) if there is an
articulable threat of physical harm, in accordance with guidelines established by the Secretary.
(b) AUTHORITIES OF THE PROTECTIVE OPERATION.—
(1) IN GENERAL.—The Secretary may authorize officers or
special agents employed pursuant to subsection (a)—
(A) to carry firearms;
(B) to conduct criminal investigations into potential
threats to the security of persons protected under this
section;
(C) to make arrests without a warrant for any offense
against the United States committed in the presence of
such officer or special agent;
(D) to perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites
and events; and
(E) to coordinate with local law enforcement agencies.
(2) GUIDELINES.—The authority conveyed under this section
shall be exercised in accordance with any—
(A) guidelines issued by the Attorney General; and
(B) such additional guidelines as may be issued by
the Secretary.
(c) EXCEPTION.—The authorities granted under this section may
be exercised notwithstanding section 1343(b)(1) of title 31, United
States Code.
(d) REPORT.—Not later than September 30, 2019, and each
September 30 through 2024, the Secretary shall provide to the
Committee on Agriculture of the House of Representatives and
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report describing the protection provided, and accounting for
the expenditures made, pursuant to this section.
PART II—NATIONAL OILHEAT RESEARCH
ALLIANCE
SEC. 12531. NATIONAL OILHEAT RESEARCH ALLIANCE.
(a) IN GENERAL.—Section 713 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469)
is amended by striking ‘‘18 years’’ and inserting ‘‘28 years’’.
(b) LIMITATION ON OBLIGATIONS OF FUNDS.—The National
Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public
Law 106–469) is amended by inserting after section 707 the following:
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‘‘SEC. 708. LIMITATION ON OBLIGATION OF FUNDS.
‘‘(a) IN GENERAL.—In each calendar year of the covered period,
the Alliance may not obligate an amount greater than the sum
of—
‘‘(1) 75 percent of the amount of assessments estimated
to be collected under section 707 in that calendar year;
‘‘(2) 75 percent of the amount of assessments actually collected under section 707 in the most recent calendar year
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for which an audit report has been submitted under section
706(f)(2)(B) as of the beginning of the calendar year for which
the amount that may be obligated is being determined, less
the estimate made pursuant to paragraph (1) for that most
recent calendar year; and
‘‘(3) amounts permitted in preceding calendar years to be
obligated pursuant to this subsection that have not been obligated.
‘‘(b) EXCESS AMOUNTS DEPOSITED IN ESCROW ACCOUNT.—
Assessments collected under section 707 in excess of the amount
permitted to be obligated under subsection (a) in a calendar year
shall be deposited in an escrow account for the duration of the
covered period.
‘‘(c) TREATMENT OF AMOUNTS IN ESCROW ACCOUNT.—
‘‘(1) IN GENERAL.—During the covered period, the Alliance
may not obligate, expend, or borrow against amounts required
under subsection (b) to be deposited in the escrow account.
‘‘(2) INTEREST.—Any interest earned on amounts described
in paragraph (1) shall be—
‘‘(A) deposited in the escrow account; and
‘‘(B) unavailable for obligation for the duration of the
covered period.
‘‘(d) RELEASE OF AMOUNTS IN ESCROW ACCOUNT.—Beginning
on October 1, 2028, the Alliance may withdraw and obligate any
amount in the escrow account.
‘‘(e) COVERED PERIOD DEFINED.—In this section, the term ‘covered period’ means the period that begins on February 6, 2019,
and ends on September 30, 2028.’’.
(c) CONFORMING AMENDMENTS.—The National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469)
is amended—
(1) in section 706(d)(1), by striking ‘‘not exceed 7 percent
of the amount of assessments collected in any calendar year,
except that during the first year of operation of the Alliance
such expenses and amounts shall not exceed 10 percent of
the amount of assessments’’ and inserting ‘‘not exceed 7 percent
of the amount of assessments collected in any calendar year
that are permitted to be obligated in that calendar year’’; and
(2) in section 707—
(A) in subsection (e), by inserting ‘‘that are permitted
to be obligated’’ after ‘‘amount of assessments collected
in the State’’ each place it appears; and
(B) in subsection (f), by inserting ‘‘and permitted to
be obligated’’ after ‘‘assessments collected’’ each place it
appears.
Subtitle F—General Provisions
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SEC. 12601. BAITING OF MIGRATORY GAME BIRDS.
16 USC 704 note.
(a) DEFINITIONS.—In this section:
(1) NORMAL AGRICULTURAL OPERATION.—The term ‘‘normal
agricultural operation’’ has the meaning given the term in
section 20.11 of title 50, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(2) POST-DISASTER FLOODING.—The term ‘‘post-disaster
flooding’’ means the destruction of a crop through flooding
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in accordance with practices required by the Federal Crop
Insurance Corporation for agricultural producers to obtain crop
insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) on land on which a crop was not harvestable
due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, drought,
fire, snowstorm, or other catastrophe that is declared a major
disaster by the President in accordance with section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) in the crop year—
(A) in which the natural disaster occurred; or
(B) immediately preceding the crop year in which the
natural disaster occurred.
(3) RICE RATOONING.—The term ‘‘rice ratooning’’ means
the agricultural practice of harvesting rice by cutting the
majority of the aboveground portion of the rice plant but leaving
the roots and growing shoot apices intact to allow the plant
to recover and produce a second crop yield.
(b) REGULATIONS TO EXCLUDE RICE RATOONING AND POST-DISASTER FLOODING.—Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, in consultation
with the Secretary of Agriculture, shall revise part 20 of title
50, Code of Federal Regulations, to clarify that rice ratooning and
post-disaster flooding, when carried out as part of a normal agricultural operation, do not constitute baiting.
(c) REPORTS.—Not less frequently than once each year—
(1) the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to
normal agricultural operations across the range of crops grown
by agricultural producers in each region of the United States
in which the official recommendations described in section
20.11(h) of title 50, Code of Federal Regulations (as in effect
on the date of enactment of this Act), are provided to agricultural producers; and
(2) the Secretary of the Interior, in consultation with the
Secretary of Agriculture and after seeking input from the heads
of State departments of fish and wildlife or the Regional Migratory Bird Flyway Councils of the United States Fish and Wildlife Service, shall publicly post a report on the impact that
rice ratooning and post-disaster flooding have on the behavior
of migratory game birds that are hunted in the area in which
rice ratooning and post-disaster flooding, respectively, have
occurred.
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SEC. 12602. PIMA AGRICULTURE COTTON TRUST FUND.
Section 12314 of the Agricultural Act of 2014 (7 U.S.C. 2101
note; Public Law 113–79) is amended—
(1) by striking ‘‘2018’’ each place it appears and inserting
‘‘2023’’;
(2) by striking ‘‘calendar year 2013’’ each place it appears
and inserting ‘‘the prior calendar year’’;
(3) in subsection (b)(2)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
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(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘(2) Twenty-five’’ and inserting the following:
‘‘(2)(A) Except as provided in subparagraph (B), twentyfive’’;
(C) in subparagraph (A)(ii) (as so designated), by
striking ‘‘subparagraph (A)’’ and inserting ‘‘clause (i)’’; and
(D) by adding at the end the following:
‘‘(B)(i) A yarn spinner shall not receive an amount under
subparagraph (A) that exceeds the cost of pima cotton that—
‘‘(I) was purchased during the prior calendar year;
and
‘‘(II) was used in spinning any cotton yarns.
‘‘(ii) The Secretary shall reallocate any amounts reduced
by reason of the limitation under clause (i) to spinners using
the ratio described in subparagraph (A), disregarding production of any spinner subject to that limitation.’’;
(4) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking
‘‘(b)(2)(A)’’ and inserting ‘‘(b)(2)(A)(i)’’;
(B) in paragraph (2), by striking ‘‘and’’ at the end;
(C) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(4) the dollar amount of pima cotton purchased during
the prior calendar year—
‘‘(A) that was used in spinning any cotton yarns; and
‘‘(B) for which the producer maintains supporting documentation.’’;
(5) in subsection (e)—
(A) in the matter preceding paragraph (1), by striking
‘‘by the Secretary—’’ and inserting ‘‘by the Secretary not
later than March 15 of the applicable calendar year.’’; and
(B) by striking paragraphs (1) and (2); and
(6) in subsection (f), by striking ‘‘subsection (b)—’’ in the
matter preceding paragraph (1) and all that follows through
‘‘not later than’’ in paragraph (2) and inserting ‘‘subsection
(b) not later than’’.
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SEC. 12603. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST
FUND.
Section 12315 of the Agricultural Act of 2014 (7 U.S.C. 7101
note; Public Law 113–79) is amended—
(1) by striking ‘‘2019’’ each place it appears and inserting
‘‘2023’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘the payment—’’ and inserting ‘‘the payment, payments in amounts authorized under that
paragraph.’’; and
(II) by striking clauses (i) and (ii); and
(ii) in subparagraph (B)—
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(I) in the matter preceding clause (i), by
striking ‘‘4002(c)—’’ and inserting ‘‘4002(c), payments in amounts authorized under that paragraph.’’; and
(II) by striking clauses (i) and (ii); and
(B) in paragraph (2), by striking ‘‘submitted—’’ in the
matter preceding subparagraph (A) and all that follows
through ‘‘to the Secretary’’ in subparagraph (B) and
inserting ‘‘submitted to the Secretary’’; and
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking
‘‘subsection (b)—’’ and inserting ‘‘subsection (b) not later
than April 15 of the year of the payment.’’; and
(B) by striking paragraphs (1) and (2).
SEC. 12604. WOOL RESEARCH AND PROMOTION.
Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C.
7101 note; Public Law 113–79) is amended by striking ‘‘2015
through 2019’’ and inserting ‘‘2019 through 2023’’.
7 USC 7632 note.
SEC. 12605. EMERGENCY CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND.
(a) DEFINITION OF CITRUS.—In this section, the term ‘‘citrus’’
means edible fruit of the family Rutaceae, including any hybrid
of that fruit and any product of that hybrid that is produced
for commercial purposes in the United States.
(b) ESTABLISHMENT OF TRUST FUND.—There is established in
the Treasury of the United States a trust fund, to be known as
the Emergency Citrus Disease Research and Development Trust
Fund (referred to in this section as the ‘‘Citrus Trust Fund’’),
consisting of such amounts as shall be transferred to the Citrus
Trust Fund pursuant to subsection (d).
(c) USE OF FUND.—From amounts in the Citrus Trust Fund,
the Secretary shall, beginning in fiscal year 2019, carry out the
Emergency Citrus Disease Research and Extension Program in
section 412(j) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(j)).
(d) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Citrus Trust Fund
$25,000,000 for each of fiscal years 2019 through 2023, to remain
available until expended.
SEC. 12606. EXTENSION OF MERCHANDISE PROCESSING FEES.
Section 503 of the United States–Korea Free Trade Agreement
Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note)
is amended by striking ‘‘February 24, 2027’’ and inserting ‘‘May
26, 2027’’.
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7 USC 2204i.
SEC. 12607. REPORTS ON LAND ACCESS AND FARMLAND OWNERSHIP
DATA COLLECTION.
(a) LAND ACCESS.—Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture, in consultation
with the Chief Economist, shall submit to Congress and make
publicly available a report identifying—
(1) the barriers that prevent or hinder the ability of beginning farmers and ranchers (as defined in section 2501(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a))) and socially disadvantaged farmers and
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 5007
ranchers (as defined in such section) to acquire or access farmland;
(2) the extent to which Federal programs, including agricultural conservation easement programs, land transition programs, and financing programs, are improving—
(A) farmland access and tenure for beginning farmers
and ranchers and socially disadvantaged farmers and
ranchers; and
(B) farmland transition and succession; and
(3) the regulatory, operational, or statutory changes that
are necessary to improve—
(A) the ability of beginning farmers and ranchers and
socially disadvantaged farmers and ranchers to acquire
or access farmland;
(B) farmland tenure for beginning farmers and
ranchers and socially disadvantaged farmers and ranchers;
and
(C) farmland transition and succession.
(b) FARMLAND OWNERSHIP.—The Secretary shall collect and,
not less frequently than once every 3 years report, data and analysis
on farmland ownership, tenure, transition, and entry of beginning
farmers and ranchers and socially disadvantaged farmers and
ranchers (as those terms are defined in section 2501(a) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a))). In carrying out this subsection, the Secretary shall, at
a minimum—
(1) collect and distribute comprehensive reporting of trends
in farmland ownership, tenure, transition, barriers to entry,
profitability, and viability of beginning farmers and ranchers
and socially disadvantaged farmers and ranchers;
(2) develop surveys and report statistical and economic
analysis on farmland ownership, tenure, transition, barriers
to entry, profitability, and viability of beginning farmers and
ranchers, including a regular follow-on survey to each Census
of Agriculture with results of the follow-on survey made public
not later than 3 years after the previous Census of Agriculture;
and
(3) require the National Agricultural Statistics Service to
include in the Tenure, Ownership, and Transition of Agricultural Land survey questions relating to—
(A) the extent to which non-farming landowners are
purchasing and holding onto farmland for the sole purpose
of real estate investment;
(B) the impact of these farmland ownership trends
on the successful entry and viability of beginning farmers
and ranchers and socially disadvantaged farmers and
ranchers;
(C) the extent to which farm and ranch land with
undivided interests and no administrative authority identified have farms or ranches operating on that land; and
(D) the impact of land tenure patterns, categorized
by—
(i) race, gender, and ethnicity; and
(ii) region.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $3,000,000 for each
fiscal years 2019 through 2023, to remain available until expended.
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SEC. 12608. REAUTHORIZATION OF RURAL EMERGENCY MEDICAL
SERVICES TRAINING AND EQUIPMENT ASSISTANCE PROGRAM.
Section 330J of the Public Health Service Act (42 U.S.C. 254c–
15) is amended—
(1) in subsection (a), by striking ‘‘in rural areas’’ and
inserting ‘‘in rural areas or to residents of rural areas’’;
(2) by striking subsections (b) through (f) and inserting
the following:
‘‘(b) ELIGIBILITY; APPLICATION.—To be eligible to receive grant
under this section, an entity shall—
‘‘(1) be—
‘‘(A) an emergency medical services agency operated
by a local or tribal government (including fire-based and
non-fire based); or
‘‘(B) an emergency medical services agency that is
described in section 501(c) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code; and
‘‘(2) submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may require.
‘‘(c) USE OF FUNDS.—An entity—
‘‘(1) shall use amounts received through a grant under
subsection (a) to—
‘‘(A) train emergency medical services personnel as
appropriate to obtain and maintain licenses and certifications relevant to service in an emergency medical services
agency described in subsection (b)(1);
‘‘(B) conduct courses that qualify graduates to serve
in an emergency medical services agency described in subsection (b)(1) in accordance with State and local requirements;
‘‘(C) fund specific training to meet Federal or State
licensing or certification requirements; and
‘‘(D) acquire emergency medical services equipment;
and
‘‘(2) may use amounts received through a grant under
subsection (a) to—
‘‘(A) recruit and retain emergency medical services personnel, which may include volunteer personnel;
‘‘(B) develop new ways to educate emergency health
care providers through the use of technology-enhanced educational methods; or
‘‘(C) acquire personal protective equipment for emergency medical services personnel as required by the
Occupational Safety and Health Administration.
‘‘(d) GRANT AMOUNTS.—Each grant awarded under this section
shall be in an amount not to exceed $200,000.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘emergency medical services’—
‘‘(A) means resources used by a public or private nonprofit licensed entity to deliver medical care outside of
a medical facility under emergency conditions that occur
as a result of the condition of the patient; and
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‘‘(B) includes services delivered (either on a compensated or volunteer basis) by an emergency medical services provider or other provider that is licensed or certified
by the State involved as an emergency medical technician,
a paramedic, or an equivalent professional (as determined
by the State).
‘‘(2) The term ‘rural area’ means—
‘‘(A) a nonmetropolitan statistical area;
‘‘(B) an area designated as a rural area by any law
or regulation of a State; or
‘‘(C) a rural census tract of a metropolitan statistical
area (as determined under the most recent rural urban
commuting area code as set forth by the Office of Management and Budget).
‘‘(f) MATCHING REQUIREMENT.—The Secretary may not award
a grant under this section to an entity unless the entity agrees
that the entity will make available (directly or through contributions
from other public or private entities) non-Federal contributions
toward the activities to be carried out under the grant in an
amount equal to 10 percent of the amount received under the
grant.’’; and
(3) in subsection (g)(1), by striking ‘‘2002 through 2006’’
and inserting ‘‘2019 through 2023’’.
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SEC. 12609. COMMISSION ON FARM TRANSITIONS—NEEDS FOR 2050.
(a) ESTABLISHMENT.—There is established a commission to be
known as the Commission on Farm Transitions–Needs for 2050
(referred to in this section as the ‘‘Commission’’).
(b) STUDY.—The Commission shall conduct a study on issues
impacting the transition of agricultural operations from established
farmers and ranchers to the next generation of farmers and
ranchers, including—
(1) access to, and availability of—
(A) quality land and necessary infrastructure;
(B) affordable credit;
(C) adequate risk management tools; and
(D) apprenticeship and mentorship programs;
(2) agricultural asset transfer strategies in use as of the
date of the enactment of this Act and improvements to such
strategies;
(3) incentives that may facilitate agricultural asset transfers to the next generation of farmers and ranchers, including
an assessment of, and recommendations for, how existing and
new Federal tax policies—
(A) facilitate lifetime and estate transfers; and
(B) impact individuals seeking to farm who do not
have family farm lineage or access to farmland;
(4) the causes of the failures of such transitions, if any;
and
(5) the effectiveness of programs and incentives providing
assistance with respect to such transitions in effect on the
date of the enactment of this Act and opportunities for the
revision or improvement of such programs.
(c) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be composed of
10 members, as follows:
(A) 3 members appointed by the Secretary.
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132 STAT. 5010
PUBLIC LAW 115–334—DEC. 20, 2018
(B) 3 members appointed by the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(C) 3 members appointed by the Committee on Agriculture of the House of Representatives.
(D) The Chief Economist of the Department of Agriculture.
(2) FEDERAL GOVERNMENT EMPLOYMENT.—In addition to
the Chief Economist of the Department of Agriculture, the
membership of the Commission may include 1 or more
employees of the Department of Agriculture or other Federal
agencies.
(3) DATE OF APPOINTMENTS.—The appointment of all members of the Commission shall be made not later than 60 days
after the date of enactment of this Act.
(4) TERM; VACANCIES.—
(A) TERM.—A member shall be appointed for the life
of the Commission.
(B) VACANCIES.—A vacancy on the Commission—
(i) shall not affect the powers of the Commission;
and
(ii) shall be filled in the same manner as the
original appointment was made.
(5) INITIAL MEETING.—Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold the initial meeting of
the Commission.
(d) QUORUM.—A majority of the members of the Commission
shall constitute a quorum for the transaction of business, but a
lesser number of members may hold hearings.
(e) CHAIRPERSON.—The Secretary shall appoint 1 of the members of the Commission to serve as Chairperson of the Commission.
(f) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Commission shall submit to the President, the
Committee on Agriculture of the House of Representatives, and
the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report containing the results of the study required by subsection
(b), including such recommendations as the Commission considers
appropriate.
(g) HEARINGS.—The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out
this section.
(h) INFORMATION FROM FEDERAL AGENCIES.—The Commission
may secure directly from a Federal agency such information as
the Commission considers necessary to carry out this section. On
request of the Chairperson of the Commission, the head of the
agency shall provide the information to the Commission.
(i) POSTAL SERVICES.—The Commission may use the United
States mail in the same manner and under the same conditions
as other agencies of the Federal Government.
(j) ASSISTANCE FROM SECRETARY.—The Secretary may provide
to the Commission appropriate office space and such reasonable
administrative and support services as the Commission may
request.
(k) COMPENSATION OF MEMBERS.—
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(1) NON-FEDERAL EMPLOYEES.—A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which
the member is engaged in the performance of the duties of
the Commission.
(2) FEDERAL EMPLOYEES.—A member of the Commission
who is an officer or employee of the Federal Government shall
serve without compensation in addition to the compensation
received for the services of the member as an officer or employee
of the Federal Government.
(3) TRAVEL EXPENSES.—A member of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(l) FEDERAL ADVISORY COMMITTEE ACT.—Sections 9 and 14
of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission or any proceeding of the Commission.
(m) TERMINATION.—The Commission shall terminate on September 30, 2023.
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SEC. 12610. EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS
ACT.
(a) GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.—Section
7 of the United States Grain Standards Act (7 U.S.C. 79) is
amended—
(1) in subsection (f)(2)—
(A) by redesignating subparagraphs (A), (B), and (C)
as clauses (i), (iii), and (iv), respectively, and indenting
appropriately;
(B) in the matter preceding clause (i) (as so redesignated), by striking ‘‘Not more’’ and inserting the following:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), not
more’’;
(C) in subparagraph (A) (as so designated), in the
matter preceding clause (i) (as so redesignated), by striking
‘‘Secretary, except that, if’’ and inserting the following:
‘‘Secretary.
‘‘(B) EXCEPTIONS.—Subject to subsection (g)(4)(A), if’’;
(D) in subparagraph (B) (as so designated), by inserting
after clause (i) the following:
‘‘(ii) a person requesting inspection services in that
geographic area has not been receiving official inspection services from the current designated official
agency for that geographic area;’’; and
(E) by adding at the end the following:
‘‘(C) TERMINATION OF NONUSE OF SERVICE EXCEPTION.—
The exception under subparagraph (B)(ii) may only be
terminated if all parties to that exception jointly agree
on the termination, unless terminated according to subsection (g)(4)(A).
‘‘(D) RESTORATION OF CERTAIN EXCEPTIONS.—
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132 STAT. 5012
PUBLIC LAW 115–334—DEC. 20, 2018
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‘‘(i) DEFINITION OF ELIGIBLE
FACILITY.—In this subparagraph,
GRAIN
HANDLING
the term ‘eligible
grain handling facility’ means a grain handling facility
that—
‘‘(I) was granted an exception under the final
rule entitled ‘Exceptions to Geographic Areas for
Official Agencies Under the USGSA’ (68 Fed. Reg.
19137 (April 18, 2003)); and
‘‘(II) had that exception revoked between September 30, 2015, and the date of enactment of
the Agriculture Improvement Act of 2018.
‘‘(ii) RESTORATION OF EXCEPTIONS.—Within 90 days
of notification from an eligible grain handling facility,
the Secretary shall restore an exception described in
clause (i)(I) with an official agency if—
‘‘(I) the eligible grain handling facility and
the former excepted official agency agree to restore
that exception; and
‘‘(II) the eligible grain handling facility notifies
the Secretary of the preferred date for restoration
of the exception within 90 days of enactment of
the Agriculture Improvement Act of 2018.’’; and
(2) in subsection (g), by adding at the end the following:
‘‘(4) EFFECT ON EXCEPTIONS.—
‘‘(A) IN GENERAL.—The exceptions under clauses (ii)
and (iv) of subsection (f)(2)(B) shall not apply if the designation of an official agency is terminated, pursuant to paragraph (1).
‘‘(B) DESIGNATION RENEWED OR RESTORED.—If the designation of an official agency is renewed or restored after
being terminated under paragraph (1), the Secretary may
renew or restore the exceptions under subsection (f)(2)(B)
in accordance with that subsection.’’.
(b) UNAUTHORIZED WEIGHING PROHIBITED.—Section 7A(i)(2) of
the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is
amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (iii), respectively, and indenting appropriately;
(2) in the matter preceding clause (i) (as so redesignated),
by striking ‘‘Not more’’ and inserting the following:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), not
more’’;
(3) in subparagraph (A) (as so designated), in the matter
preceding clause (i) (as so redesignated), by striking ‘‘Secretary,
except that, if’’ and inserting the following: ‘‘Secretary.
‘‘(B) EXCEPTIONS.—If’’;
(4) in subparagraph (B) (as so designated)—
(A) in clause (i), by striking ‘‘or’’ at the end; and
(B) by inserting after clause (i) the following:
‘‘(ii) a person requesting weighing services in that
geographic area has not been receiving official
weighing services from the current designated official
agency for that geographic area; or’’; and
(5) by adding after subparagraph (B) (as so designated)—
‘‘(C) RESTORATION OF CERTAIN EXCEPTIONS.—
‘‘(i) DEFINITION OF ELIGIBLE GRAIN HANDLING
FACILITY.—In this subparagraph, the term ‘eligible
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PUBL334
PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 5013
grain handling facility’ means a grain handling facility
that—
‘‘(I) was granted an exception under the final
rule entitled ‘Exceptions to Geographic Areas for
Official Agencies Under the USGSA’ (68 Fed. Reg.
19137 (April 18, 2003)); and
‘‘(II) had that exception revoked between September 30, 2015 and the date of enactment of
the Agriculture Improvement Act of 2018.
‘‘(ii) RESTORATION OF EXCEPTIONS.—Within 90 days
of notification from an eligible grain handling facility,
the Secretary shall restore an exception described in
clause (i)(I) with an official agency if—
‘‘(I) the eligible grain handling facility and
the former excepted official agency agree to restore
that exception; and
‘‘(II) the eligible grain handling facility notifies
the Secretary of the preferred date for restoration
of the exception within 90 days of enactment of
the Agriculture Improvement Act of 2018.’’.
(c) TECHNICAL CORRECTION.—Section 7(f)(1) of the United
States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended by
indenting subparagraph (C) appropriately.
SEC. 12611. CONFERENCE REPORT REQUIREMENT THRESHOLD.
Section 14209(a)(3)(A) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by striking
‘‘$10,000’’ and inserting ‘‘$50,000’’.
SEC. 12612. NATIONAL AGRICULTURE IMAGERY PROGRAM.
7 USC 2204j.
(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.
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SEC. 12613. REPORT ON INCLUSION OF NATURAL STONE PRODUCTS
IN COMMODITY PROMOTION, RESEARCH, AND INFORMATION ACT OF 1996.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
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132 STAT. 5014
PUBLIC LAW 115–334—DEC. 20, 2018
examining the effect the establishment of a Natural Stone Research
and Promotion Board pursuant to the Commodity Promotion,
Research, and Information Act of 1996 (7 U.S.C. 7401 et seq.)
would have on the natural stone industry, including how such
a program would effect—
(1) research conducted on, and the promotion of, natural
stone;
(2) the development and expansion of domestic markets
for natural stone;
(3) economic activity of the natural stone industry subject
to such a Board;
(4) economic development in rural areas; and
(5) benefits to consumers in the United States of natural
stone products.
SEC. 12614. ESTABLISHMENT OF FOOD ACCESS LIAISON.
(a) IN GENERAL.—Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended
by sections 12202, 12302, 12403, and 12504, is amended by adding
at the end the following:
‘‘SEC. 225. FOOD ACCESS LIAISON.
7 USC 6925.
7 USC 6925 note.
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7 USC 6622b.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish the position of Food Access Liaison to coordinate Department programs
to reduce barriers to food access and monitor and evaluate the
progress of such programs in accordance with this section.
‘‘(b) DUTIES.—The Food Access Liaison shall—
‘‘(1) coordinate the efforts of the Department, including
regional offices, to experiment and consider programs and policies aimed at reducing barriers to food access for consumers,
including but not limited to participants in nutrition assistance
programs;
‘‘(2) provide outreach to entities engaged in activities to
reduce barriers to food access in accordance with the statutory
authorization for each program;
‘‘(3) provide outreach to entities engaged in activities to
reduce barriers to food access, including retailers, markets,
producers, and others involved in food production and distribution, with respect to the availability of, and eligibility for,
Department programs;
‘‘(4) raise awareness of food access issues in interactions
with employees of the Department;
‘‘(5) make recommendations to the Secretary with respect
to efforts to reduce barriers to food access; and
‘‘(6) submit to Congress an annual report with respect
to the efforts of the Department to reduce barriers to food
access.’’.
(b) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to entities that are participants, or seek to participate, in Department of Agriculture programs related to reduction
of barriers to food access.
SEC. 12615. ELIGIBILITY FOR OPERATORS ON HEIRS PROPERTY LAND
TO OBTAIN A FARM NUMBER.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE DOCUMENTATION.—The term ‘‘eligible documentation’’, with respect to land for which a farm operator
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PUBLIC LAW 115–334—DEC. 20, 2018
132 STAT. 5015
seeks assignment of a farm number under subsection (b)(1),
includes—
(A) in States that have adopted a statute consisting
of an enactment or adoption of the Uniform Partition of
Heirs Property Act, as approved and recommended for
enactment in all States by the National Conference of
Commissioners on Uniform State Laws in 2010—
(i) a court order verifying the land meets the definition of heirs property (as defined in that Act); or
(ii) a certification from the local recorder of deeds
that the recorded owner of the land is deceased and
not less than 1 heir of the recorded owner of the
land has initiated a procedure to retitle the land in
the name of the rightful heir;
(B) a fully executed, unrecorded tenancy-in-common
agreement that sets out ownership rights and responsibilities among all of the owners of the land that—
(i) has been approved by a majority of the ownership interests in that property;
(ii) has given a particular owner the right to manage and control any portion or all of the land for
purposes of operating a farm or ranch; and
(iii) was validly entered into under the authority
of the jurisdiction in which the land is located;
(C) the tax return of a farm operator farming a property with undivided interests for each of the 5 years preceding the date on which the farm operator submits the
tax returns as eligible documentation under subsection (b);
(D) self-certification that the farm operator has control
of the land for purposes of operating a farm or ranch;
and
(E) any other documentation identified by the Secretary under subsection (c).
(2) FARM NUMBER.—The term ‘‘farm number’’ has the
meaning given the term in section 718.2 of title 7, Code of
Federal Regulations (as in effect on the date of enactment
of this Act).
(b) FARM NUMBER.—
(1) IN GENERAL.—The Secretary shall provide for the
assignment of a farm number to any farm operator who provides any form of eligible documentation for purposes of demonstrating that the farm operator has control of the land for
purposes of defining that land as a farm.
(2) ELIGIBILITY.—Any farm number provided under paragraph (1) shall be sufficient to satisfy any requirement of the
Secretary to have a farm number to participate in a program
of the Secretary.
(c) ELIGIBLE DOCUMENTATION.—The Secretary shall identify
alternative forms of eligible documentation that a farm operator
may provide in seeking the assignment of a farm number under
subsection (b)(1).
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SEC. 12616. EXTENDING PROHIBITION ON ANIMAL FIGHTING TO THE
TERRITORIES.
(a) IN GENERAL.—Section 26 of the Animal Welfare Act (7
U.S.C. 2156) is amended—
(1) in subsection (a)—
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132 STAT. 5016
7 USC 2156 note.
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16 USC 1538
note.
PUBLIC LAW 115–334—DEC. 20, 2018
(A) in paragraph (1), by striking ‘‘Except as provided
in paragraph (3), it’’ and inserting ‘‘It’’; and
(B) by striking paragraph (3);
(2) by striking subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), (i), and
(j) as subsections (d), (e), (f), (g), (h), and (i), respectively.
(b) USE OF POSTAL SERVICE OR OTHER INTERSTATE INSTRUMENTALITIES.—Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c))
is amended by striking ‘‘(e)’’ and inserting ‘‘(d)’’.
(c) CRIMINAL PENALTIES.—Subsection (i) of section 26 of the
Animal Welfare Act (7 U.S.C. 2156), as redesignated by section
2(3), is amended by striking ‘‘(e)’’ and inserting ‘‘(d)’’.
(d) ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.—Section
49(a) of title 18, United States Code, is amended by striking ‘‘(e)’’
and inserting ‘‘(d)’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date that is one year after the date of
the enactment of this Act.
SEC. 12617. EXEMPTION OF EXPORTATION OF CERTAIN ECHINODERMS
FROM PERMISSION AND LICENSING REQUIREMENTS.
(a) DEFINITIONS.—In this section:
(1) CONSERVATION AND MANAGEMENT.—The term ‘‘conservation and management’’ has the meaning given the term in
section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802).
(2) MARINE FISHERIES COMMISSION.—The term ‘‘Marine
Fisheries Commission’’ means an interstate commission (as that
term is used in the Interjurisdictional Fisheries Act of 1986
(16 USC 4101 et seq.)).
(3) STATE JURISDICTION.—The term ‘‘State jurisdiction’’
means areas under the jurisdiction and authority of a State
as described in section 306(a)(2) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1856(a)(2)).
(b) EXEMPTION.—Not later than 90 days after the date of enactment of this Act, the Director of the United States Fish and Wildlife
Service shall amend section 14.92 of title 50, Code of Federal
Regulations, to clarify that—
(1) except as provided in paragraph (2) and subsection
(d)(2)—
(A) fish and wildlife described in subsection (c) are
fishery products exempt from the export permission
requirements of section 9(d)(1) of the Endangered Species
Act of 1973 (16 U.S.C. 1538(d)(1)); and
(B) any person may engage in business as an exporter
of fish or wildlife described in subsection (c) without procuring—
(i) permission under section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
(ii) an export license under subpart I of part 14
of title 50, Code of Federal Regulations (or successor
regulations); and
(2) notwithstanding paragraph (1), unless the person has
qualified for and obtained an export license described in paragraph (1)(B)(ii), any person that has been convicted of 1 or
more violations of a Federal law relating to the importation,
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132 STAT. 5017
transportation, or exportation of wildlife shall not be permitted,
during the 5-year period beginning on the date of the most
recent conviction, to engage in business as an exporter of fish
or wildlife described in subsection (c).
(c) COVERED FISH OR WILDLIFE.—The fish or wildlife referred
to in subsection (b) are members of the species Strongylocentrotus
droebachiensis (commonly known as the ‘‘green sea urchin’’),
including any products of that species, that—
(1) do not require a permit under part 16, 17, or 23 of
title 50, Code of Federal Regulations (or successor regulations);
(2)(A) are harvested in waters under State jurisdiction;
or
(B) are imported for processing in the United States pursuant to an import license as required under section 14.91 of
title 50, Code of Federal Regulations (or a successor regulation),
and not exempt from import license requirements under section
14.92 of that title (as in effect on the day before the date
of enactment of this Act); and
(3) are exported for purposes of human or animal consumption.
(d) INFORMATION COLLECTION ON EXPORTS.—
(1) IN GENERAL.—The State agency that regulates or otherwise oversees a State fishery in which the fish and wildlife
described in subsection (c) are harvested shall annually
transmit the conservation and management data (as defined
in subsection (a)) to the Interstate Fisheries Management Program Policy Board of the applicable Marine Fisheries Commission.
(2) PRIVACY.—Such data thereafter shall not be released
and shall be maintained as confidential by such applicable
Marine Fisheries Commission, including data requested under
the section 552 of title 5, United States Code, unless disclosure
is required under court order or unless the data is essential
for an enforcement action under Federal wildlife management
laws.
(3) EXCLUSION.—The exemption under subsection (b)(1)
shall not apply in a State if—
(A) the State fails to transmit the data required under
paragraph (1); or
(B) the applicable Marine Fisheries Commission determines, in consultation with the primary research agency
of such Commission, after notice and an opportunity to
comment, that the data required under paragraph (1) fails
to prove that the State agency or official is engaged in
conservation and management of the fish or wildlife
described in subsection (c).
SEC. 12618. DATA ON CONSERVATION PRACTICES.
Subtitle E of title XII of the Food Security Act of 1985 (16
U.S.C. 3841 et seq.) is amended by adding at the end the following:
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‘‘SEC. 1247. DATA ON CONSERVATION PRACTICES.
16 USC 3847.
‘‘(a) DATA ON CONSERVATION PRACTICES.—The Secretary shall
identify available data sets within the Department of Agriculture
regarding the use of conservation practices and the effect of such
practices on farm and ranch profitability (including such effects
relating to crop yields, soil health, and other risk-related factors).
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132 STAT. 5018
PUBLIC LAW 115–334—DEC. 20, 2018
‘‘(b) REPORT.—Not later than 1 year after the date of enactment
of the Agriculture Improvement Act of 2018, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report that includes—
‘‘(1) a summary of the data sets identified under subsection
(a);
‘‘(2) a summary of the steps the Secretary would have
to take to provide access to such data sets by university
researchers, including taking into account any technical, privacy, or administrative considerations;
‘‘(3) a summary of safeguards the Secretary employs when
providing access to data to university researchers;
‘‘(4) a summary of appropriate procedures to maximize
the potential for research benefits while preventing any violations of privacy or confidentiality; and
‘‘(5) recommendations for any necessary authorizations or
clarifications of Federal law to allow access to such data sets
to maximize the potential for research benefits.’’.
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES
ACT.
(a) IN GENERAL.—Section 102(16) of the Controlled Substances
Act (21 U.S.C. 802(16)) is amended—
(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject
to subparagraph (B), the’’; and
(2) by striking ‘‘Such term does not include the’’ and
inserting the following:
‘‘(B) The term ‘marihuana’ does not include—
‘‘(i) hemp, as defined in section 297A of the Agricultural
Marketing Act of 1946; or
‘‘(ii) the’’.
(b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)),
is
amended
in
subsection
(c)(17)
by
inserting
after
‘‘Tetrahydrocannabinols’’
the
following:
‘‘,
except
for
tetrahydrocannabinols in hemp (as defined under section 297A of
the Agricultural Marketing Act of 1946)’’.
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Approved December 20, 2018.
LEGISLATIVE HISTORY—H.R. 2:
HOUSE REPORTS: Nos. 115–661 (Comm. on Agriculture) and 115–1072 (Comm. of
Conference).
CONGRESSIONAL RECORD, Vol. 164 (2018):
May 16–18, considered and failed House.
June 21, considered and passed House.
June 27, 28, considered and passed Senate, amended.
Dec. 11, Senate agreed to the conference report.
Dec. 12, House agreed to the conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 20, Presidential remarks and statement.
Æ
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| File Type | application/pdf |
| File Title | PUBL334.PS |
| File Modified | 2019-07-22 |
| File Created | 2019-06-25 |