Appendix D_The Agricultural Act of 2014

Appendix D_The Agricultural Act of 2014
PUBLIC LAW 113–79—FEB. 7, 2014

Public Law 113–79
113th Congress

128 STAT. 649

An Act

To provide for the reform and continuation of agricultural and other programs
of the Department of Agriculture through fiscal year 2018, and for other purposes.

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 ‘‘Agricultural
Act of 2014’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary of Agriculture.
TITLE I—COMMODITIES
Subtitle A—Repeals and Reforms
PART I—REPEALS
Sec. 1101. Repeal of direct payments.
Sec. 1102. Repeal of counter-cyclical payments.
Sec. 1103. Repeal of average crop revenue election program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1111.
1112.
1113.
1114.
1115.
1116.
1117.
1118.
1119.

PART II—COMMODITY POLICY
Definitions.
Base acres.
Payment yields.
Payment acres.
Producer election.
Price loss coverage.
Agriculture risk coverage.
Producer agreements.
Transition assistance for producers of upland cotton.

Subtitle B—Marketing Loans
Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans for high moisture feed grains and seed cotton.
Sec. 1210. Adjustments of loans.
Sec. 1301. Sugar policy.

Subtitle C—Sugar
Subtitle D—Dairy

PART I—MARGIN PROTECTION PROGRAM FOR DAIRY PRODUCERS
Sec. 1401. Definitions.

Feb. 7, 2014
[H.R. 2642]
Agricultural Act
of 2014.

128 STAT. 650
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 113–79—FEB. 7, 2014
1402.
1403.
1404.
1405.
1406.
1407.
1408.
1409.
1410.

Calculation of average feed cost and actual dairy production margins.
Establishment of margin protection program for dairy producers.
Participation of dairy operations in margin protection program.
Production history of participating dairy operations.
Margin protection payments.
Premiums for margin protection program.
Effect of failure to pay administrative fees or premiums.
Duration.
Administration and enforcement.

PART II—REPEAL OR REAUTHORIZATION OF OTHER DAIRY-RELATED PROVISIONS
Sec. 1421. Repeal of dairy product price support program.
Sec. 1422. Temporary continuation and eventual repeal of milk income loss contract program.
Sec. 1423. Repeal of dairy export incentive program.
Sec. 1424. Extension of dairy forward pricing program.
Sec. 1425. Extension of dairy indemnity program.
Sec. 1426. Extension of dairy promotion and research program.
Sec. 1427. Repeal of Federal Milk Marketing Order Review Commission.
PART III—DAIRY PRODUCT DONATION PROGRAM
Sec. 1431. Dairy product donation program.
Subtitle E—Supplemental Agricultural Disaster Assistance Programs
Sec. 1501. Supplemental agricultural disaster assistance.
Sec.
Sec.
Sec.
Sec.

1601.
1602.
1603.
1604.

Sec.
Sec.
Sec.
Sec.

1605.
1606.
1607.
1608.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1609.
1610.
1611.
1612.
1613.
1614.
1615.

Subtitle F—Administration

Administration generally.
Suspension of permanent price support authority.
Payment limitations.
Rulemaking related to significant contribution for active personal management.
Adjusted gross income limitation.
Geographically disadvantaged farmers and ranchers.
Personal liability of producers for deficiencies.
Prevention of deceased individuals receiving payments under farm commodity programs.
Technical corrections.
Appeals.
Assignment of payments.
Tracking of benefits.
Signature authority.
Implementation.
Research option.
TITLE II—CONSERVATION
Subtitle A—Conservation Reserve Program

Sec. 2001. Extension and enrollment requirements of conservation reserve program.
Sec. 2002. Farmable wetland program.
Sec. 2003. Duties of owners and operators.
Sec. 2004. Duties of the Secretary.
Sec. 2005. Payments.
Sec. 2006. Contract requirements.
Sec. 2007. Conversion of land subject to contract to other conserving uses.
Sec. 2008. Effect on existing contracts.
Subtitle B—Conservation Stewardship Program
Sec. 2101. Conservation stewardship program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2201.
2202.
2203.
2204.
2205.
2206.
2207.
2208.

Subtitle C—Environmental Quality Incentives Program
Purposes.
Definitions.
Establishment and administration.
Evaluation of applications.
Duties of producers.
Limitation on payments.
Conservation innovation grants and payments.
Effect on existing contracts.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 651

Subtitle D—Agricultural Conservation Easement Program
Sec. 2301. Agricultural conservation easement program.
Subtitle E—Regional Conservation Partnership Program
Sec. 2401. Regional conservation partnership program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2501.
2502.
2503.
2504.
2505.
2506.
2507.
2508.

Sec.
Sec.
Sec.
Sec.

2601.
2602.
2603.
2604.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2605.
2606.
2607.
2608.
2609.
2610.
2611.

Subtitle F—Other Conservation Programs
Conservation of private grazing land.
Grassroots source water protection program.
Voluntary public access and habitat incentive program.
Agriculture conservation experienced services program.
Small watershed rehabilitation program.
Emergency watershed protection program.
Terminal Lakes.
Soil and Water Resources Conservation.
Subtitle G—Funding and Administration
Funding.
Technical assistance.
Regional equity.
Reservation of funds to provide assistance to certain farmers or ranchers
for conservation access.
Annual report on program enrollments and assistance.
Administrative requirements applicable to all conservation programs.
Standards for State technical committees.
Rulemaking authority.
Wetlands mitigation.
Lesser prairie-chicken conservation report.
Highly erodible land and wetland conservation for crop insurance.

Subtitle H—Repeal of Superseded Program Authorities and Transitional Provisions;
Technical Amendments
Sec. 2701. Comprehensive conservation enhancement program.
Sec. 2702. Emergency forestry conservation reserve program.
Sec. 2703. Wetlands reserve program.
Sec. 2704. Farmland protection program and farm viability program.
Sec. 2705. Grassland reserve program.
Sec. 2706. Agricultural water enhancement program.
Sec. 2707. Wildlife habitat incentive program.
Sec. 2708. Great Lakes basin program.
Sec. 2709. Chesapeake Bay watershed program.
Sec. 2710. Cooperative conservation partnership initiative.
Sec. 2711. Environmental easement program.
Sec. 2712. Temporary administration of conservation programs.
Sec. 2713. Technical amendments.
TITLE III—TRADE
Subtitle A—Food for Peace Act
Sec. 3001. General authority.
Sec. 3002. Set-aside for support for organizations through which nonemergency assistance is provided.
Sec. 3003. Food aid quality.
Sec. 3004. Minimum levels of assistance.
Sec. 3005. Food Aid Consultative Group.
Sec. 3006. Oversight, monitoring, and evaluation.
Sec. 3007. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3008. Impact on local farmers and economy and report on use of funds.
Sec. 3009. Prepositioning of agricultural commodities.
Sec. 3010. Annual report regarding food aid programs and activities.
Sec. 3011. Deadline for agreements to finance sales or to provide other assistance.
Sec. 3012. Minimum level of nonemergency food assistance.
Sec. 3013. Micronutrient fortification programs.
Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Sec. 3015. Coordination of foreign assistance programs report.
Subtitle B—Agricultural Trade Act of 1978

Sec. 3101. Export credit guarantee program.
Sec. 3102. Funding for market access program.

128 STAT. 652

PUBLIC LAW 113–79—FEB. 7, 2014

Sec. 3103. Foreign market development cooperator program.
Sec.
Sec.
Sec.
Sec.

3201.
3202.
3203.
3204.

Sec.
Sec.
Sec.
Sec.

3205.
3206.
3207.
3208.

Subtitle C—Other Agricultural Trade Laws
Food for Progress Act of 1985.
Bill Emerson Humanitarian Trust Act.
Promotion of agricultural exports to emerging markets.
McGovern-Dole International Food for Education and Child Nutrition
Program.
Technical assistance for specialty crops.
Global Crop Diversity Trust.
Local and regional food aid procurement projects.
Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.
TITLE IV—NUTRITION

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4026.
4027.
4028.
4029.
4030.
4031.
4032.
4033.

Subtitle A—Supplemental Nutrition Assistance Program
Preventing payment of cash to recipients of supplemental nutrition assistance benefits for the return of empty bottles and cans used to contain food purchased with benefits provided under the program.
Retail food stores.
Enhancing services to elderly and disabled supplemental nutrition assistance program participants.
Food distribution program on Indian reservations.
Exclusion of medical marijuana from excess medical expense deduction.
Standard utility allowances based on the receipt of energy assistance
payments.
Eligibility disqualifications.
Eligibility disqualifications for certain convicted felons.
Ending supplemental nutrition assistance program benefits for lottery or
gambling winners.
Improving security of food assistance.
Technology modernization for retail food stores.
Use of benefits for purchase of community-supported agriculture share.
Improved wage verification using the National Directory of New Hires.
Restaurant meals program.
Mandating State immigration verification.
Data exchange standardization for improved interoperability.
Pilot projects to improve Federal-State cooperation in identifying and reducing fraud in the supplemental nutrition assistance program.
Prohibiting government-sponsored recruitment activities.
Tolerance level for excluding small errors.
Quality control standards.
Performance bonus payments.
Pilot projects to reduce dependency and increase work requirements and
work effort under supplemental nutrition assistance program.
Cooperation with program research and evaluation.
Authorization of appropriations.
Review, report, and regulation of cash nutrition assistance program benefits provided in Puerto Rico.
Assistance for community food projects.
Emergency food assistance.
Nutrition education.
Retail food store and recipient trafficking.
Technical and conforming amendments.
Commonwealth of the Northern Mariana Islands pilot program.
Annual State report on verification of SNAP participation.
Service of traditional foods in public facilities.

Sec.
Sec.
Sec.
Sec.

4101.
4102.
4103.
4104.

Commodity distribution program.
Commodity supplemental food program.
Distribution of surplus commodities to special nutrition projects.
Processing of commodities.

Sec. 4001.
Sec. 4002.
Sec. 4003.
Sec. 4004.
Sec. 4005.
Sec. 4006.
Sec. 4007.
Sec. 4008.
Sec. 4009.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4010.
4011.
4012.
4013.
4014.
4015.
4016.
4017.

Sec.
Sec.
Sec.
Sec.
Sec.

4018.
4019.
4020.
4021.
4022.

Sec. 4023.
Sec. 4024.
Sec. 4025.

Subtitle B—Commodity Distribution Programs

Subtitle C—Miscellaneous

Sec. 4201. Purchase of fresh fruits and vegetables for distribution to schools and
service institutions.
Sec. 4202. Pilot project for procurement of unprocessed fruits and vegetables.
Sec. 4203. Seniors farmers’ market nutrition program.
Sec. 4204. Dietary Guidelines for Americans.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 653

Sec. 4205. Multiagency task force.
Sec. 4206. Healthy Food Financing Initiative.
Sec. 4207. Purchase of Halal and Kosher food for emergency food assistance program.
Sec. 4208. Food insecurity nutrition incentive.
Sec. 4209. Food and agriculture service learning program.
Sec. 4210. Nutrition information and awareness pilot program.
Sec. 4211. Termination of existing agreement.
Sec. 4212. Review of sole-source contracts in Federal nutrition programs.
Sec. 4213. Pulse crop products.
Sec. 4214. Pilot project for canned, frozen, or dried fruits and vegetables.
TITLE V—CREDIT
Sec.
Sec.
Sec.
Sec.
Sec.

5001.
5002.
5003.
5004.
5005.

Subtitle A—Farm Ownership Loans
Eligibility for farm ownership loans.
Conservation loan and loan guarantee program.
Joint financing arrangements.
Elimination of mineral rights appraisal requirement.
Down payment loan program.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5101.
5102.
5103.
5104.
5105.
5106.
5107.

Eligibility for farm operating loans.
Elimination of rural residency requirement for operating loans to youth.
Defaults by youth loan borrowers.
Term limits on direct operating loans.
Valuation of local or regional crops.
Microloans.
Term limits on guaranteed operating loans.

Subtitle B—Operating Loans

Subtitle C—Emergency Loans
Sec. 5201. Eligibility for emergency loans.
Subtitle D—Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts pilot
program.
Sec. 5302. Farmer loan pilot projects.
Sec. 5303. Definition of qualified beginning farmer or rancher.
Sec. 5304. Loan authorization levels.
Sec. 5305. Loan fund set-asides.
Sec. 5306. Borrower training.
Sec.
Sec.
Sec.
Sec.

5401.
5402.
5403.
5404.

Subtitle E—Miscellaneous
State agricultural mediation programs.
Loans to purchasers of highly fractionated land.
Removal of duplicative appraisals.
Compensation disclosure by Farm Credit System institutions.

6001.
6002.
6003.
6004.
6005.
6006.
6007.
6008.
6009.
6010.
6011.
6012.
6013.
6014.
6015.
6016.
6017.
6018.
6019.
6020.

Subtitle A—Consolidated Farm and Rural Development Act
Water, waste disposal, and wastewater facility grants.
Elimination of reservation of community facilities grant program funds.
Rural water and wastewater circuit rider program.
Use of loan guarantees for community facilities.
Tribal college and university essential community facilities.
Essential community facilities technical assistance and training.
Emergency and imminent community water assistance grant program.
Water systems for rural and native villages in Alaska.
Household water well systems.
Rural business and industry loan program.
Solid waste management grants.
Rural business development grants.
Rural cooperative development grants.
Locally or regionally produced agricultural food products.
Appropriate technology transfer for rural areas program.
Rural economic area partnership zones.
Intermediary relending program.
Rural college coordinated strategy.
Rural water and waste disposal infrastructure.
Simplified applications.

TITLE VI—RURAL DEVELOPMENT
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

128 STAT. 654
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 113–79—FEB. 7, 2014
6021.
6022.
6023.
6024.
6025.
6026.
6027.
6028.

National Rural Development Partnership.
Grants for NOAA weather radio transmitters.
Rural microentrepreneur assistance program.
Health care services.
Strategic economic and community development.
Delta Regional Authority.
Northern Great Plains Regional Authority.
Rural business investment program.

Subtitle B—Rural Electrification Act of 1936
Sec. 6101. Fees for certain loan guarantees.
Sec. 6102. Guarantees for bonds and notes issued for electrification or telephone
purposes.
Sec. 6103. Expansion of 911 access.
Sec. 6104. Access to broadband telecommunications services in rural areas.
Sec. 6105. Rural Gigabit Network Pilot Program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

6201.
6202.
6203.
6204.
6205.
6206.
6207.
6208.
6209.
6210.

Subtitle C—Miscellaneous

Distance learning and telemedicine.
Agricultural transportation.
Value-added agricultural product market development grants.
Agriculture innovation center demonstration program.
Rural energy savings program.
Study of rural transportation issues.
Regional economic and infrastructure development.
Definition of rural area for purposes of the Housing Act of 1949.
Program metrics.
Funding of pending rural development loan and grant applications.

TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of
1977
Sec. 7101. Option to be included as non-land-grant college of agriculture.
Sec. 7102. National Agricultural Research, Extension, Education, and Economics
Advisory Board.
Sec. 7103. Specialty crop committee.
Sec. 7104. Veterinary services grant program.
Sec. 7105. Grants and fellowships for food and agriculture sciences education.
Sec. 7106. Agricultural and food policy research centers.
Sec. 7107. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions.
Sec. 7108. Repeal of human nutrition intervention and health promotion research
program.
Sec. 7109. Repeal of pilot research program to combine medical and agricultural research.
Sec. 7110. Nutrition education program.
Sec. 7111. Continuing animal health and disease research programs.
Sec. 7112. Grants to upgrade agricultural and food sciences facilities at 1890 landgrant colleges, including Tuskegee University.
Sec. 7113. Grants to upgrade agriculture and food science facilities and equipment
at insular area land-grant institutions.
Sec. 7114. Repeal of national research and training virtual centers.
Sec. 7115. Hispanic-serving institutions.
Sec. 7116. Competitive Grants Program for Hispanic Agricultural Workers and
Youth.
Sec. 7117. Competitive grants for international agricultural science and education
programs.
Sec. 7118. Repeal of research equipment grants.
Sec. 7119. University research.
Sec. 7120. Extension service.
Sec. 7121. Auditing, reporting, bookkeeping, and administrative requirements.
Sec. 7122. Supplemental and alternative crops.
Sec. 7123. Capacity building grants for NLGCA institutions.
Sec. 7124. Aquaculture assistance programs.
Sec. 7125. Rangeland research programs.
Sec. 7126. Special authorization for biosecurity planning and response.
Sec. 7127. Distance education and resident instruction grants program for insular
area institutions of higher education.
Sec. 7128. Matching funds requirement.
Sec. 7129. Designation of Central State University as 1890 institution.

PUBLIC LAW 113–79—FEB. 7, 2014
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

128 STAT. 655

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 Genetics Resources Program.
7206. National Agricultural Weather Information System.
7207. Repeal of rural electronic commerce extension program.
7208. Agricultural Genome Initiative.
7209. High-priority research and extension initiatives.
7210. Repeal of nutrient management research and extension initiative.
7211. Organic agriculture research and extension initiative.
7212. Repeal of agricultural bioenergy feedstock and energy efficiency research
and extension initiative.
7213. Farm business management.
7214. Centers of excellence.
7215. Repeal of red meat safety research center.
7216. Assistive technology program for farmers with disabilities.
7217. National rural information center clearinghouse.

Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998
Sec. 7301. Relevance and merit of agricultural research, extension, and education
funded by the Department.
Sec. 7302. Integrated research, education, and extension competitive grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley
caused by Fusarium graminearum or by Tilletia indica.
Sec. 7304. Repeal of Bovine Johne’s disease control program.
Sec. 7305. Grants for youth organizations.
Sec. 7306. Specialty crop research initiative.
Sec. 7307. [H7308] Food animal residue avoidance database program.
Sec. 7308. Repeal of national swine research center.
Sec. 7309. Office of pest management policy.
Sec. 7310. Forestry products advanced utilization research.
Sec. 7311. Repeal of studies of agricultural research, extension, and education.
Subtitle D—Other Laws
Critical Agricultural Materials Act.
Equity in Educational Land-Grant Status Act of 1994.
Research Facilities Act.
Competitive, Special, and Facilities Research Grant Act.
Renewable Resources Extension Act of 1978.
National Aquaculture Act of 1980.
Repeal of use of remote sensing data.
Repeal of reports under Farm Security and Rural Investment Act of
2002.
Sec. 7409. Beginning farmer and rancher development program.
Sec. 7410. National Agricultural Research, Extension, and Teaching Policy Act
Amendments of 1985.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7401.
7402.
7403.
7404.
7405.
7406.
7407.
7408.

Subtitle E—Food, Conservation, and Energy Act of 2008
PART I—AGRICULTURAL SECURITY
Sec. 7501. Agricultural biosecurity communication center.
Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning,
preparation, and response.
Sec. 7503. Research and development of agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7511.
7512.
7513.
7514.
7515.
7516.
7517.
7518.

PART II—MISCELLANEOUS PROVISIONS
Enhanced use lease authority pilot program.
Grazinglands research laboratory.
Budget submission and funding.
Repeal of seed distribution.
Natural products research program.
Sun grant program.
Repeal of study and report on food deserts.
Repeal of agricultural and rural transportation research and education.

Subtitle F—Miscellaneous Provisions
Sec. 7601. Foundation for Food and Agriculture Research.

128 STAT. 656

PUBLIC LAW 113–79—FEB. 7, 2014

Sec. 7602. Concessions and agreements with nonprofit organizations for National
Arboretum.
Sec. 7603. Agricultural and food law research, legal tools, and information.
Sec. 7604. Cotton Disease Research Report.
Sec. 7605. Miscellaneous technical corrections.
Sec. 7606. Legitimacy of industrial hemp research.
TITLE VIII—FORESTRY
Subtitle A—Repeal of Certain Forestry Programs
Forest land enhancement program.
Watershed forestry assistance program.
Expired cooperative national forest products marketing program.
Hispanic-serving institution agricultural land national resources leadership program.
Sec. 8005. Tribal watershed forestry assistance program.
Sec. 8006. Separate Forest Service decisionmaking and appeals process.

Sec.
Sec.
Sec.
Sec.

8001.
8002.
8003.
8004.

Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978
Programs
Sec. 8101. State-wide assessment and strategies for forest resources.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8201.
8202.
8203.
8204.
8205.
8206.

Subtitle C—Reauthorization of Other Forestry-Related Laws
Rural revitalization technologies.
Office of International Forestry.
Healthy forests reserve program.
Insect and disease infestation.
Stewardship end result contracting projects.
Good neighbor authority.

Subtitle D—Miscellaneous Provisions
Sec. 8301. Revision of strategic plan for forest inventory and analysis.
Sec. 8302. Forest service participation in ACES program.
Sec. 8303. Extension of stewardship contracts authority regarding use of designation by prescription to all thinning sales under National Forest Management Act of 1976.
Sec. 8304. Reimbursement of fire funds.
Sec. 8305. Forest Service large airtanker and aerial asset firefighting recapitalization pilot program.
Sec. 8306. Land conveyance, Jefferson National Forest in Wise County, Virginia.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

9001.
9002.
9003.
9004.
9005.
9006.
9007.
9008.
9009.
9010.
9011.
9012.
9013.
9014.
9015.

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.
Biomass research and development.
Feedstock Flexibility Program for Bioenergy Producers.
Biomass Crop Assistance Program.
Repeal of forest biomass for energy.
Community wood energy program.
Repeal of biofuels infrastructure study.
Repeal of renewable fertilizer study.
Energy efficiency report for USDA facilities.

TITLE X—HORTICULTURE
Specialty crops market news allocation.
Repeal of grant program to improve movement of specialty crops.
Farmers’ market and local food promotion program.
Organic agriculture.
Investigations and enforcement of the Organic Foods Production Act of
1990.
10006. Food safety education initiatives.
10007. Consolidation of plant pest and disease management and disaster prevention programs.
10008. Importation of seed.
10009. Bulk shipments of apples to Canada.
10001.
10002.
10003.
10004.
10005.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 657

Sec. 10010. Specialty crop block grants.
Sec. 10011. Department of Agriculture consultation regarding enforcement of certain labor law provisions.
Sec. 10012. Report on honey.
Sec. 10013. Reports to Congress.
Sec. 10014. Stay of regulations.
Sec. 10015. Regulation of sulfuryl fluoride.
Sec. 10016. Local food production and program evaluation.
Sec. 10017. Clarification of use of funds for technical assistance.
TITLE XI—CROP INSURANCE
Sec. 11001. Information sharing.
Sec. 11002. Publication of information on violations of prohibition on premium adjustments.
Sec. 11003. Supplemental coverage option.
Sec. 11004. Crop margin coverage option.
Sec. 11005. Premium amounts for catastrophic risk protection.
Sec. 11006. Permanent enterprise unit subsidy.
Sec. 11007. Enterprise units for irrigated and nonirrigated crops.
Sec. 11008. Data collection.
Sec. 11009. Adjustment in actual production history to establish insurable yields.
Sec. 11010. Submission of policies and Board review and approval.
Sec. 11011. Consultation.
Sec. 11012. Budget limitations on renegotiation of the standard reinsurance agreement.
Sec. 11013. Test weight for corn.
Sec. 11014. Crop production on native sod.
Sec. 11015. Coverage levels by practice.
Sec. 11016. Beginning farmer and rancher provisions.
Sec. 11017. Stacked income protection plan for producers of upland cotton.
Sec. 11018. Peanut revenue crop insurance.
Sec. 11019. Authority to correct errors.
Sec. 11020. Implementation.
Sec. 11021. Crop insurance fraud.
Sec. 11022. Research and development priorities.
Sec. 11023. Crop insurance for organic crops.
Sec. 11024. Program compliance partnerships.
Sec. 11025. Pilot programs.
Sec. 11026. Index-based weather insurance pilot program.
Sec. 11027. Enhancing producer self-help through farm financial benchmarking.
Sec. 11028. Technical amendments.
TITLE XII—MISCELLANEOUS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

12101.
12102.
12103.
12104.
12105.
12106.
12107.
12108.

Subtitle A—Livestock
Trichinae certification program.
Sheep production and marketing grant program.
National Aquatic Animal Health Plan.
Country of origin labeling.
National animal health laboratory network.
Food safety inspection.
National Poultry Improvement Plan.
Sense of Congress regarding feral swine eradication.

Subtitle B—Socially Disadvantaged Producers and Limited Resource Producers

Sec. 12201. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers.
Sec. 12202. Office of Advocacy and Outreach.
Sec. 12203. Socially Disadvantaged Farmers and Ranchers Policy Research Center.
Sec. 12204. Receipt for service or denial of service from certain department of agriculture agencies.
Subtitle C—Other Miscellaneous Provisions

Sec. 12301. Grants to improve supply, stability, safety, and training of agricultural
labor force.
Sec. 12302. Program benefit eligibility status for participants in high plains water
study.
Sec. 12303. Office of Tribal Relations.
Sec. 12304. Military Veterans Agricultural Liaison.
Sec. 12305. Noninsured crop assistance program.
Sec. 12306. Acer access and development program.

128 STAT. 658

PUBLIC LAW 113–79—FEB. 7, 2014

Sec. 12307. Science Advisory Board.
Sec. 12308. Amendments to Animal Welfare Act.
Sec. 12309. Produce represented as grown in the United States when it is not in
fact grown in the United States.
Sec. 12310. Report on water sharing.
Sec. 12311. Scientific and economic analysis of the FDA Food Safety Modernization
Act.
Sec. 12312. Payment in lieu of taxes.
Sec. 12313. Silvicultural activities.
Sec. 12314. Pima agriculture cotton trust fund.
Sec. 12315. Agriculture Wool Apparel Manufacturers Trust Fund.
Sec. 12316. Wool research and promotion.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
7 USC 9001.

Subtitle D—Oilheat Efficiency, Renewable Fuel Research and Jobs Training
12401. Short title.
12402. Findings and purposes.
12403. Definitions.
12404. Membership.
12405. Functions.
12406. Assessments.
12407. Market survey and consumer protection.
12408. Lobbying restrictions.
12409. Noncompliance.
12410. Sunset.

SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE.

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

TITLE I—COMMODITIES
Subtitle A—Repeals and Reforms
PART I—REPEALS
SEC. 1101. REPEAL OF DIRECT PAYMENTS.

Sections 1103 and 1303 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8713, 8753) are repealed.
SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS.

7 USC 8714 note.

(a) REPEAL.—Sections 1104 and 1304 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8714, 8754) are repealed.
(b) CONTINUED APPLICATION FOR 2013 CROP YEAR.—Sections
1104 and 1304 of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8714, 8754), as in effect on the day before the date
of enactment of this Act, shall continue to apply through the 2013
crop year with respect to all covered commodities (as defined in
section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm.
SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION PROGRAM.

7 USC 8715 note.

(a) REPEAL.—Section 1105 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8715) is repealed.
(b) CONTINUED APPLICATION FOR 2013 CROP YEAR.—Section
1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8715), as in effect on the day before the date of enactment of
this Act, shall continue to apply through the 2013 crop year with
respect to all covered commodities (as defined in section 1001 of
that Act (7 U.S.C. 8702)) and peanuts on a farm for which the
irrevocable election under section 1105 of that Act was made before
the date of enactment of this Act.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 659

PART II—COMMODITY POLICY
SEC. 1111. DEFINITIONS.

In this subtitle and subtitle B:
(1) ACTUAL CROP REVENUE.—The term ‘‘actual crop revenue’’, with respect to a covered commodity for a crop year,
means the amount determined by the Secretary under section
1117(b).
(2) AGRICULTURE RISK COVERAGE.—The term ‘‘agriculture
risk coverage’’ means coverage provided under section 1117.
(3) AGRICULTURE RISK COVERAGE GUARANTEE.—The term
‘‘agriculture risk coverage guarantee’’, with respect to a covered
commodity for a crop year, means the amount determined by
the Secretary under section 1117(c).
(4) BASE ACRES.—
(A) IN GENERAL.—The term ‘‘base acres’’, with respect
to a covered commodity on a farm, means the number
of acres in effect under sections 1001 and 1301 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8702, 8751), as adjusted pursuant to sections 1101, 1108,
and 1302 of such Act (7 U.S.C. 8711, 8718, 8752), as
in effect on September 30, 2013, subject to any reallocation,
adjustment, or reduction under section 1112 of this Act.
(B) INCLUSION OF GENERIC BASE ACRES.—The term
‘‘base acres’’ includes any generic base acres planted to
a covered commodity as determined in section 1114(b).
(5) COUNTY COVERAGE.—The term ‘‘county coverage’’ means
agriculture risk coverage selected under section 1115(b)(1) to
be obtained at the county level.
(6) COVERED COMMODITY.—The term ‘‘covered commodity’’
means wheat, oats, and barley (including wheat, oats, and
barley used for haying and grazing), corn, grain sorghum, long
grain rice, medium grain rice, pulse crops, soybeans, other
oilseeds, and peanuts.
(7) EFFECTIVE PRICE.—The term ‘‘effective price’’, with
respect to a covered commodity for a crop year, means the
price calculated by the Secretary under section 1116(b) to determine whether price loss coverage payments are required to
be provided for that crop year.
(8) EXTRA LONG STAPLE COTTON.—The term ‘‘extra long
staple cotton’’ means cotton that—
(A) is produced from pure strain varieties of the
Barbadense species or any hybrid of the species, or other
similar types of extra long staple cotton, designated by
the Secretary, having characteristics needed for various
end uses for which United States upland cotton is not
suitable and grown in irrigated cotton-growing regions of
the United States designated by the Secretary or other
areas designated by the Secretary as suitable for the
production of the varieties or types; and
(B) is ginned on a roller-type gin or, if authorized
by the Secretary, ginned on another type gin for experimental purposes.
(9) GENERIC BASE ACRES.—The term ‘‘generic base acres’’
means the number of base acres for cotton in effect under
section 1001 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8702), as adjusted pursuant to section 1101

7 USC 9011.

128 STAT. 660

PUBLIC LAW 113–79—FEB. 7, 2014
of such Act (7 U.S.C. 8711), as in effect on September 30,
2013, subject to any adjustment or reduction under section
1112 of this Act.
(10) INDIVIDUAL COVERAGE.—The term ‘‘individual coverage’’ means agriculture risk coverage selected under section
1115(b)(2) to be obtained at the farm level.
(11) MEDIUM GRAIN RICE.—The term ‘‘medium grain rice’’
includes short grain rice and temperate japonica rice.
(12) OTHER OILSEED.—The term ‘‘other oilseed’’ means a
crop of sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard seed, crambe, sesame seed, or any oilseed designated
by the Secretary.
(13) PAYMENT ACRES.—The term ‘‘payment acres’’, with
respect to the provision of price loss coverage payments and
agriculture risk coverage payments, means the number of acres
determined for a farm under section 1114.
(14) PAYMENT YIELD.—The term ‘‘payment yield’’, for a
farm for a covered commodity—
(A) means the yield used to make payments pursuant
to section 1104 or 1304 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8714, 8754), as in effect
on September 30, 2013; or
(B) means the yield established under section 1113
of this Act.
(15) PRICE LOSS COVERAGE.—The term ‘‘price loss coverage’’
means coverage provided under section 1116.
(16) PRODUCER.—
(A) IN GENERAL.—The term ‘‘producer’’ means an
owner, operator, landlord, tenant, or sharecropper that
shares in the risk of producing a crop and is entitled
to share in the crop available for marketing from the farm,
or would have shared had the crop been produced.
(B) HYBRID SEED.—In determining whether a grower
of hybrid seed is a producer, the Secretary shall—
(i) not take into consideration the existence of a
hybrid seed contract; and
(ii) ensure that program requirements do not
adversely affect the ability of the grower to receive
a payment under this title.
(17) PULSE CROP.—The term ‘‘pulse crop’’ means dry peas,
lentils, small chickpeas, and large chickpeas.
(18) REFERENCE PRICE.—The term ‘‘reference price’’, with
respect to a covered commodity for a crop year, means the
following:
(A) For wheat, $5.50 per bushel.
(B) For corn, $3.70 per bushel.
(C) For grain sorghum, $3.95 per bushel.
(D) For barley, $4.95 per bushel.
(E) For oats, $2.40 per bushel.
(F) For long grain rice, $14.00 per hundredweight.
(G) For medium grain rice, $14.00 per hundredweight.
(H) For soybeans, $8.40 per bushel.
(I) For other oilseeds, $20.15 per hundredweight.
(J) For peanuts, $535.00 per ton.
(K) For dry peas, $11.00 per hundredweight.
(L) For lentils, $19.97 per hundredweight.
(M) For small chickpeas, $19.04 per hundredweight.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 661

(N) For large chickpeas, $21.54 per hundredweight.
(19) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(20) 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.
(21) TEMPERATE JAPONICA RICE.—The term ‘‘temperate
japonica rice’’ means rice that is grown in high altitudes or
temperate regions of high latitudes with cooler climate conditions, in the Western United States, as determined by the
Secretary, for the purpose of—
(A) the reallocation of base acres under section 1112;
(B) the establishment of a reference price (as required
under section 1116(g)) and an effective price pursuant to
section 1116; and
(C) the determination of the actual crop revenue and
agriculture risk coverage guarantee pursuant to section
1117.
(22) TRANSITIONAL YIELD.—The term ‘‘transitional yield’’
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(23) UNITED STATES.—The term ‘‘United States’’, when used
in a geographical sense, means all of the States.
(24) UNITED STATES PREMIUM FACTOR.—The term ‘‘United
States Premium Factor’’ means the percentage by which the
difference in the United States loan schedule premiums for
Strict Middling (SM) 11⁄8-inch upland cotton and for Middling
(M) 13⁄32-inch upland cotton exceeds the difference in the
applicable premiums for comparable international qualities.
SEC. 1112. BASE ACRES.

(a) RETENTION OR 1-TIME REALLOCATION OF BASE ACRES.—
(1) ELECTION REQUIRED.—
(A) NOTICE OF ELECTION OPPORTUNITY.—As soon as
practicable after the date of enactment of this Act, the
Secretary shall provide notice to the owners of a farm
regarding their opportunity to make an election, in the
manner provided in this subsection—
(i) to retain base acres, including any generic base
acres, as provided in paragraph (2); or
(ii) in lieu of retaining base acres, to reallocate
base acres, other than any generic base acres, as provided in paragraph (3).
(B) CONTENT OF NOTICE.—The notice under subparagraph (A) shall include the following:
(i) Information that the opportunity of an owner
to make the election is being provided only once.
(ii) Information regarding the manner in which
the owner must make the election and the manner
of notifying the Secretary of the election.
(iii) Information regarding the deadline before
which the owner must notify the Secretary of the election to be in effect beginning with the 2014 crop year.

7 USC 9012.

128 STAT. 662

PUBLIC LAW 113–79—FEB. 7, 2014
(C) EFFECT OF FAILURE TO MAKE ELECTION.—If the
owner of a farm fails to make the election under this
subsection, or fails to timely notify the Secretary of the
election as required by subparagraph (B)(iii), the owner
shall be deemed to have elected to retain base acres,
including generic base acres, as provided in paragraph
(2).
(2) RETENTION OF BASE ACRES.—
(A) ELECTION TO RETAIN.—For the purpose of applying
this part to a covered commodity, the Secretary shall give
an owner of a farm an opportunity to elect to retain all
of the base acres for each covered commodity on the farm.
(B) TREATMENT OF GENERIC BASE ACRES.—Generic base
acres are automatically retained.
(3) REALLOCATION OF BASE ACRES.—
(A) ELECTION TO REALLOCATE.—For the purpose of
applying this part to covered commodities, the Secretary
shall give an owner of a farm an opportunity to elect
to reallocate all of the base acres for covered commodities
on the farm, as in effect on September 30, 2013, among
those covered commodities planted on the farm at any
time during the 2009 through 2012 crop years.
(B) REALLOCATION FORMULA.—The reallocation of base
acres among covered commodities on a farm shall be in
proportion to the ratio of—
(i) the 4-year average of—
(I) the acreage planted on the farm to each
covered commodity for harvest, grazing, haying,
silage, or other similar purposes for the 2009
through 2012 crop years; and
(II) any acreage on the farm that the producers
were prevented from planting during the 2009
through 2012 crop years to that covered commodity
because of drought, flood, or other natural disaster,
or other condition beyond the control of the producers, as determined by the Secretary; to
(ii) the 4-year average of—
(I) the acreage planted on the farm to all
covered commodities for harvest, grazing, haying,
silage, or other similar purposes for such crop
years; and
(II) any acreage on the farm that the producers
were prevented from planting during such crop
years to covered commodities because of drought,
flood, or other natural disaster, or other condition
beyond the control of the producers, as determined
by the Secretary.
(C) TREATMENT OF GENERIC BASE ACRES.—Generic base
acres are retained and may not be reallocated under this
paragraph.
(D) INCLUSION OF ALL 4 YEARS IN AVERAGE.—For the
purpose of determining a 4-year acreage average under
subparagraph (B) for a farm, the Secretary shall not
exclude any crop year in which a covered commodity was
not planted.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 663

(E) TREATMENT OF MULTIPLE PLANTING OR PREVENTED
the purpose of determining under subparagraph (B) the acreage on a farm that producers planted
or were prevented from planting during the 2009 through
2012 crop years to covered commodities, if the acreage
that was planted or prevented from being planted was
devoted to another covered commodity in the same crop
year (other than a covered commodity produced under an
established practice of double cropping), the owner may
elect the commodity to be used for that crop year in determining the 4-year average, but may not include both the
initial commodity and the subsequent commodity.
(F) LIMITATION.—The reallocation of base acres among
covered commodities on a farm under this paragraph may
not result in a total number of base acres (including generic
base acres) for the farm in excess of the number of base
acres in effect for the farm on September 30, 2013.
(4) APPLICATION OF ELECTION TO ALL COVERED COMMODITIES.—The election made under this subsection, or deemed
to be made under paragraph (1)(C), with respect to a farm
shall apply to all of the covered commodities on the farm.
(b) ADJUSTMENT OF BASE ACRES.—
(1) IN GENERAL.—Notwithstanding the election made under
subsection (a), the Secretary shall provide for an adjustment,
as appropriate, in the base acres for covered commodities for
a farm and any generic base acres for the farm whenever
any of the following circumstances occur:
(A) A conservation reserve contract entered into under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) with respect to the farm expires or is voluntarily
terminated.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary.
(C) The producer has eligible oilseed acreage as the
result of the Secretary designating additional oilseeds,
which shall be determined in the same manner as eligible
oilseed acreage under section 1101(a)(1)(D) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C.
8711(a)(1)(D)).
(2) SPECIAL CONSERVATION RESERVE ACREAGE PAYMENT
RULES.—For the crop year in which a base acres adjustment
under subparagraph (A) or (B) of paragraph (1) is first made,
the owner of the farm shall elect to receive price loss coverage
or agriculture risk coverage with respect to the acreage added
to the farm under this subsection or a prorated payment under
the conservation reserve contract, but not both.
(c) PREVENTION OF EXCESS BASE ACRES.—
(1) REQUIRED REDUCTION.—Notwithstanding the election
made under subsection (a), if the sum of the base acres for
a farm, including generic base acres, and the acreage described
in paragraph (2) exceeds the actual cropland acreage of the
farm, the Secretary shall reduce the base acres for 1 or more
covered commodities or generic base acres for the farm so
that the sum of the base acres, including generic base acres,
and the acreage described in paragraph (2) does not exceed
the actual cropland acreage of the farm.
PLANTING.—For

128 STAT. 664

PUBLIC LAW 113–79—FEB. 7, 2014
(2) OTHER ACREAGE.—For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3830
et seq.).
(B) Any other acreage on the farm enrolled in a Federal
conservation program for which payments are made in
exchange for not producing an agricultural commodity on
the acreage.
(C) If the Secretary designates additional oilseeds, any
eligible oilseed acreage, which shall be determined in the
same manner as eligible oilseed acreage under subsection
(b)(1)(C).
(3) SELECTION OF ACRES.—The Secretary shall give the
owner of the farm the opportunity to select the base acres
for a covered commodity or generic base acres for the farm
against which the reduction required by paragraph (1) will
be made.
(4) EXCEPTION
FOR
DOUBLE-CROPPED
ACREAGE.—In
applying paragraph (1), the Secretary shall make an exception
in the case of double cropping, as determined by the Secretary.
(d) REDUCTION IN BASE ACRES.—
(1) REDUCTION AT OPTION OF OWNER.—
(A) IN GENERAL.—The owner of a farm may reduce,
at any time, the base acres for any covered commodity
or generic base acres for the farm.
(B) EFFECT OF REDUCTION.—A reduction under
subparagraph (A) shall be permanent and made in a
manner prescribed by the Secretary.
(2) REQUIRED ACTION BY SECRETARY.—
(A) IN GENERAL.—The Secretary shall proportionately
reduce base acres, including any generic base acres, on
a farm for land that has been subdivided and developed
for multiple residential units or other nonfarming uses
if the size of the tracts and the density of the subdivision
is such that the land is unlikely to return to the previous
agricultural use, unless the producers on the farm demonstrate that the land—
(i) remains devoted to commercial agricultural
production; or
(ii) is likely to be returned to the previous agricultural use.
(B) REQUIREMENT.—The Secretary shall establish
procedures to identify land described in subparagraph (A).

7 USC 9013.

SEC. 1113. PAYMENT YIELDS.

(a) ESTABLISHMENT AND PURPOSE.—For the purpose of making
price loss coverage payments under section 1116, the Secretary
shall provide for the establishment of a yield for each farm for
any designated oilseed for which a payment yield was not established under section 1102 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8712) in accordance with this section.
(b) PAYMENT YIELDS FOR DESIGNATED OILSEEDS.—
(1) DETERMINATION OF AVERAGE YIELD.—In the case of designated oilseeds, the Secretary shall determine the average

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 665

yield per planted acre for the designated oilseed on a farm
for the 1998 through 2001 crop years, excluding any crop year
in which the acreage planted to the designated oilseed was
zero.
(2) ADJUSTMENT FOR PAYMENT YIELD.—
(A) IN GENERAL.—The payment yield for a farm for
a designated oilseed shall be equal to the product of the
following:
(i) The average yield for the designated oilseed
determined under paragraph (1).
(ii) The ratio resulting from dividing the national
average yield for the designated oilseed for the 1981
through 1985 crops by the national average yield for
the designated oilseed for the 1998 through 2001 crops.
(B) NO NATIONAL AVERAGE YIELD INFORMATION AVAILABLE.—To the extent that national average yield information for a designated oilseed is not available, the Secretary
shall use such information as the Secretary determines
to be fair and equitable to establish a national average
yield under this section.
(3) USE OF COUNTY AVERAGE YIELD.—If the yield per
planted acre for a crop of a designated oilseed for a farm
for any of the 1998 through 2001 crop years was less than
75 percent of the county yield for that designated oilseed,
the Secretary shall assign a yield for that crop year equal
to 75 percent of the county yield for the purpose of determining
the average under paragraph (1).
(c) EFFECT OF LACK OF PAYMENT YIELD.—
(1) ESTABLISHMENT BY SECRETARY.—In the case of a covered
commodity on a farm for which base acres have been established
or that is planted on generic base acres, if no payment yield
is otherwise established for the covered commodity on the farm,
the Secretary shall establish an appropriate payment yield
for the covered commodity on the farm under paragraph (2).
(2) USE OF SIMILARLY SITUATED FARMS.—To establish an
appropriate payment yield for a covered commodity on a farm
as required by paragraph (1), the Secretary shall take into
consideration the farm program payment yields applicable to
that covered commodity for similarly situated farms. The use
of such data in an appeal, by the Secretary or by the producer,
shall not be subject to any other provision of law.
(d) SINGLE OPPORTUNITY TO UPDATE YIELDS USED TO DETERMINE PRICE LOSS COVERAGE PAYMENTS.—
(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) TIME FOR ELECTION.—The election under paragraph
(1) shall be made at a time and manner to be in effect beginning
with the 2014 crop year as determined by the Secretary.
(3) METHOD OF UPDATING YIELDS.—If the owner of a farm
elects to update yields under this subsection, the payment
yield for a covered commodity on the farm, for the purpose
of calculating price loss coverage payments only, shall be equal
to 90 percent of the average of the yield per planted acre

128 STAT. 666

PUBLIC LAW 113–79—FEB. 7, 2014
for the crop of the covered commodity on the farm for the
2008 through 2012 crop years, as determined by the Secretary,
excluding any crop year in which the acreage planted to the
crop of the covered commodity was zero.
(4) USE OF COUNTY AVERAGE YIELD.—If the yield per
planted acre for a crop of the covered commodity for a farm
for any of the 2008 through 2012 crop years was less than
75 percent of the average of the 2008 through 2012 county
yield for that commodity, the Secretary shall assign a yield
for that crop year equal to 75 percent of the average of the
2008 through 2012 county yield for the purposes of determining
the average yield under paragraph (3).

7 USC 9014.

SEC. 1114. PAYMENT ACRES.

(a) DETERMINATION OF PAYMENT ACRES.—
(1) GENERAL RULE.—For the purpose of price loss coverage
and agriculture risk coverage when county coverage has been
selected under section 1115(b)(1), but subject to subsection (e),
the payment acres for each covered commodity on a farm shall
be equal to 85 percent of the base acres for the covered commodity on the farm.
(2) EFFECT OF INDIVIDUAL COVERAGE.—In the case of agriculture risk coverage when individual coverage has been
selected under section 1115(b)(2), but subject to subsection (e),
the payment acres for a farm shall be equal to 65 percent
of the base acres for all of the covered commodities on the
farm.
(b) TREATMENT OF GENERIC BASE ACRES.—
(1) IN GENERAL.—In the case of generic base acres, price
loss coverage payments and agriculture risk coverage payments
are made only with respect to generic base acres planted to
a covered commodity for the crop year.
(2) ATTRIBUTION.—With respect to a farm containing
generic base acres, for the purpose of applying paragraphs
(1)(B) and (2)(B) of subsection (a), generic base acres on the
farm are attributed to a covered commodity in the following
manner:
(A) If a single covered commodity is planted and the
total acreage planted exceeds the generic base acres on
the farm, the generic base acres are attributed to that
covered commodity in an amount equal to the total number
of generic base acres.
(B) If multiple covered commodities are planted and
the total number of acres planted to all covered commodities on the farm exceeds the generic base acres on the
farm, the generic base acres are attributed to each of
the covered commodities on the farm on a pro rata basis
to reflect the ratio of—
(i) the acreage planted to a covered commodity
on the farm; to
(ii) the total acreage planted to all covered
commodities on the farm.
(C) If the total number of acres planted to all covered
commodities on the farm does not exceed the generic base
acres on the farm, the number of acres planted to a covered
commodity is attributed to that covered commodity.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 667

(3) TREATED AS ADDITIONAL ACREAGE.—When generic base
acres are planted to a covered commodity or acreage planted
to a covered commodity is attributed to generic base acres,
the generic base acres are in addition to other base acres
on the farm.
(c) EXCLUSION.—The quantity of payment acres determined
under subsection (a) may not include any crop subsequently planted
during the same crop year on the same land for which the first
crop is eligible for price loss coverage payments or agriculture
risk coverage payments, unless the crop was approved for double
cropping in the county, as determined by the Secretary.
(d) EFFECT OF MINIMAL PAYMENT ACRES.—
(1) PROHIBITION ON PAYMENTS.—Notwithstanding any other
provision of this title, a producer on a farm may not receive
price loss coverage payments or agriculture risk coverage payments if the sum of the base acres on the farm is 10 acres
or less, as determined by the Secretary.
(2) EXCEPTIONS.—Paragraph (1) does not apply to a producer that is—
(A) a socially disadvantaged farmer or rancher (as
defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))); or
(B) a limited resource farmer or rancher, as defined
by the Secretary.
(e) EFFECT OF PLANTING FRUITS AND VEGETABLES.—
(1) REDUCTION REQUIRED.—In the manner provided in this
subsection, payment acres on a farm shall be reduced in any
crop year in which fruits, vegetables (other than mung beans
and pulse crops), or wild rice have been planted on base acres
on a farm.
(2) PRICE LOSS COVERAGE AND COUNTY COVERAGE.—In the
case of price loss coverage payments and agricultural risk coverage payments using county coverage, the reduction under
paragraph (1) shall be the amount equal to the base acres
planted to crops referred to in such paragraph in excess of
15 percent of base acres.
(3) INDIVIDUAL COVERAGE.—In the case of agricultural risk
coverage payments using individual coverage, the reduction
under paragraph (1) shall be the amount equal to the base
acres planted to crops referred to in such paragraph in excess
of 35 percent of base acres.
(4) REDUCTION EXCEPTIONS.—No reduction to payment
acres shall be made under this subsection if—
(A) cover crops or crops referred to in paragraph (1)
are grown solely for conservation purposes and not harvested for use or sale, as determined by the Secretary;
or
(B) in any region in which there is a history of doublecropping covered commodities with crops referred to in
paragraph (1) and such crops were so double-cropped on
the base acres, as determined by the Secretary.
SEC. 1115. PRODUCER ELECTION.

(a) ELECTION REQUIRED.—For the 2014 through 2018 crop
years, all of the producers on a farm shall make a 1-time, irrevocable
election to obtain—

7 USC 9015.

128 STAT. 668

PUBLIC LAW 113–79—FEB. 7, 2014

(1) price loss coverage under section 1116 on a covered
commodity-by-covered-commodity basis; or
(2) agriculture risk coverage under section 1117.
(b) COVERAGE OPTIONS.—In the election under subsection (a),
the producers on a farm that elect under paragraph (2) of such
subsection to obtain agriculture risk coverage under section 1117
shall unanimously select whether to receive agriculture risk coverage payments based on—
(1) county coverage applicable on a covered commodityby-covered-commodity basis; or
(2) individual coverage applicable to all of the covered
commodities on the farm.
(c) EFFECT OF FAILURE TO MAKE UNANIMOUS ELECTION.—If
all the producers on a farm fail to make a unanimous election
under subsection (a) for the 2014 crop year—
(1) the Secretary shall not make any payments with respect
to the farm for the 2014 crop year under section 1116 or
1117; and
(2) the producers on the farm shall be deemed to have
elected price loss coverage under section 1116 for all covered
commodities on the farm for the 2015 through 2018 crop years.
(d) EFFECT OF SELECTION OF COUNTY COVERAGE.—If all the
producers on a farm select county coverage for a covered commodity
under subsection (b)(1), the Secretary may not make price loss
coverage payments under section 1116 to the producers on the
farm with respect to that covered commodity.
(e) EFFECT OF SELECTION OF INDIVIDUAL COVERAGE.—If all
the producers on a farm select individual coverage under subsection
(b)(2), in addition to the selection and election under this section
applying to each producer on the farm, the Secretary shall consider,
for purposes of making the calculations required by subsections
(b)(2) and (c)(3) of section 1117, the producer’s share of all farms
in the same State—
(1) in which the producer has an interest; and
(2) for which individual coverage has been selected.
(f) PROHIBITION ON RECONSTITUTION.—The Secretary shall
ensure that producers on a farm do not reconstitute the farm
to void or change an election or selection made under this section.
7 USC 9016.

SEC. 1116. PRICE LOSS COVERAGE.

(a) PRICE LOSS COVERAGE PAYMENTS.—If all of the producers
on a farm make the election under subsection (a) of section 1115
to obtain price loss coverage or, subject to subsection (c)(1) of
such section, are deemed to have made such election under subsection (c)(2) of such section, the Secretary shall make price loss
coverage payments to producers on the farm on a covered commodity-by-covered-commodity basis if the Secretary determines
that, for any of the 2014 through 2018 crop years—
(1) the effective price for the covered commodity for the
crop year; is less than
(2) the reference price for the covered commodity for the
crop year.
(b) EFFECTIVE PRICE.—The effective price for a covered commodity for a crop year shall be the higher of—
(1) the national average market price received by producers
during the 12-month marketing year for the covered commodity,
as determined by the Secretary; or

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 669

(2) the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop
year under subtitle B.
(c) PAYMENT RATE.—The payment rate shall be equal to the
difference between—
(1) the reference price for the covered commodity; and
(2) the effective price determined under subsection (b) for
the covered commodity.
(d) PAYMENT AMOUNT.—If price loss coverage payments are
required to be provided under this section for any of the 2014
through 2018 crop years for a covered commodity, the amount
of the price loss coverage payment to be paid to the producers
on a farm for the crop year shall be equal to the product obtained
by multiplying—
(1) the payment rate for the covered commodity under
subsection (c);
(2) the payment yield for the covered commodity; and
(3) the payment acres for the covered commodity.
(e) TIME FOR PAYMENTS.—If the Secretary determines under
this section that price loss coverage payments are required to be
provided for the covered commodity, the payments shall be made
beginning October 1, or as soon as practicable thereafter, after
the end of the applicable marketing year for the covered commodity.
(f) EFFECTIVE PRICE FOR BARLEY.—In determining the effective
price for barley under subsection (b), the Secretary shall use the
all-barley price.
(g) REFERENCE PRICE FOR TEMPERATE JAPONICA RICE.—The
Secretary shall provide a reference price with respect to temperate
japonica rice in an amount equal to 115 percent of the amount
established in subparagraphs (F) and (G) of section 1111(18) in
order to reflect price premiums.
SEC. 1117. AGRICULTURE RISK COVERAGE.

(a) AGRICULTURE RISK COVERAGE PAYMENTS.—If all of the producers on a farm make the election under section 1115(a) to obtain
agriculture risk coverage, the Secretary shall make agriculture
risk coverage payments to producers on the farm if the Secretary
determines that, for any of the 2014 through 2018 crop years—
(1) the actual crop revenue determined under subsection
(b) for the crop year; is less than
(2) the agriculture risk coverage guarantee determined
under subsection (c) for the crop year.
(b) ACTUAL CROP REVENUE.—
(1) COUNTY COVERAGE.—In the case of county coverage,
the amount of the actual crop revenue for a county for a
crop year of a covered commodity shall be equal to the product
obtained by multiplying—
(A) the actual average county yield per planted acre
for the covered commodity, as determined by the Secretary;
and
(B) the higher of—
(i) the national average market price received by
producers during the 12-month marketing year for the
covered commodity, as determined by the Secretary;
or

7 USC 9017.

128 STAT. 670

PUBLIC LAW 113–79—FEB. 7, 2014
(ii) the national average loan rate for a marketing
assistance loan for the covered commodity in effect
for such crop year under subtitle B.
(2) INDIVIDUAL COVERAGE.—In the case of individual coverage, the amount of the actual crop revenue for a producer
on a farm for a crop year shall be based on the producer’s
share of all covered commodities planted on all farms for which
individual coverage has been selected and in which the producer
has an interest, to be determined by the Secretary as follows:
(A) For each covered commodity, the product obtained
by multiplying—
(i) the total production of the covered commodity
on such farms, as determined by the Secretary; and
(ii) the higher of—
(I) the national average market price received
by producers during the 12-month marketing year,
as determined by the Secretary; or
(II) the national average loan rate for a marketing assistance loan for the covered commodity
in effect for such crop year under subtitle B.
(B) The sum of the amounts determined under subparagraph (A) for all covered commodities on such farms.
(C) The quotient obtained by dividing the amount
determined under subparagraph (B) by the total planted
acres of all covered commodities on such farms.
(c) AGRICULTURE RISK COVERAGE GUARANTEE.—
(1) IN GENERAL.—The agriculture risk coverage guarantee
for a crop year for a covered commodity shall equal 86 percent
of the benchmark revenue.
(2) BENCHMARK REVENUE FOR COUNTY COVERAGE.—In the
case of county coverage, the benchmark revenue shall be the
product obtained by multiplying—
(A) subject to paragraph (4), the average historical
county yield as determined by the Secretary for the most
recent 5 crop years, excluding each of the crop years with
the highest and lowest yields; and
(B) subject to paragraph (5), the national average
market price received by producers during the 12-month
marketing year for the most recent 5 crop years, excluding
each of the crop years with the highest and lowest prices.
(3) BENCHMARK REVENUE FOR INDIVIDUAL COVERAGE.—In
the case of individual coverage, the benchmark revenue for
a producer on a farm for a crop year shall be based on the
producer’s share of all covered commodities planted on all farms
for which individual coverage has been selected and in which
the producer has an interest, to be determined by the Secretary
as follows:
(A) For each covered commodity for each of the most
recent 5 crop years, the product obtained by multiplying—
(i) subject to paragraph (4), the yield per planted
acre for the covered commodity on such farms, as determined by the Secretary; by
(ii) subject to paragraph (5), the national average
market price received by producers during the 12month marketing year.
(B) For each covered commodity, the average of the
revenues determined under subparagraph (A) for the most

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 671

recent 5 crop years, excluding each of the crop years with
the highest and lowest revenues.
(C) For each of the 2014 through 2018 crop years,
the sum of the amounts determined under subparagraph
(B) for all covered commodities on such farms, but adjusted
to reflect the ratio between the total number of acres
planted on such farms to a covered commodity and the
total acres of all covered commodities planted on such
farms.
(4) YIELD CONDITIONS.—If the yield per planted acre for
the covered commodity or historical county yield per planted
acre for the covered commodity for any of the 5 most recent
crop years, as determined by the Secretary, is less than 70
percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph
(2)(A) or (3)(A)(i) shall be 70 percent of the transitional yield.
(5) REFERENCE PRICE.—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
reference price for the covered commodity, the Secretary shall
use the reference price for any of those years for the amounts
in paragraph (2)(B) or (3)(A)(ii).
(d) PAYMENT RATE.—The payment rate for a covered commodity, in the case of county coverage, or a farm, in the case
of individual coverage, shall be equal to the lesser of—
(1) the amount that—
(A) the agriculture risk coverage guarantee for the
crop year applicable under subsection (c); exceeds
(B) the actual crop revenue for the crop year applicable
under subsection (b); or
(2) 10 percent of the benchmark revenue for the crop year
applicable under subsection (c).
(e) PAYMENT AMOUNT.—If agriculture risk coverage payments
are required to be paid for any of the 2014 through 2018 crop
years, the amount of the agriculture risk coverage payment for
the crop year shall be determined by multiplying—
(1) the payment rate determined under subsection (d); and
(2) the payment acres determined under section 1114.
(f) TIME FOR PAYMENTS.—If the Secretary determines that agriculture risk coverage payments are required to be provided for
the covered commodity, payments shall be made beginning October
1, or as soon as practicable thereafter, after the end of the applicable
marketing year for the covered commodity.
(g) ADDITIONAL DUTIES OF THE SECRETARY.—In providing agriculture risk coverage, the Secretary shall—
(1) to the maximum extent practicable, use all available
information and analysis, including data mining, to check for
anomalies in the determination of agriculture risk coverage
payments;
(2) to the maximum extent practicable, calculate a separate
actual crop revenue and agriculture risk coverage guarantee
for irrigated and nonirrigated covered commodities;
(3) in the case of individual coverage, assign an average
yield for a farm on the basis of the yield history of representative farms in the State, region, or crop reporting district, as
determined by the Secretary, if the Secretary determines that

128 STAT. 672

PUBLIC LAW 113–79—FEB. 7, 2014
the farm has planted acreage in a quantity that is insufficient
to calculate a representative average yield for the farm; and
(4) 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 on the basis of the yield history
of representative farms in the State, region, or crop reporting
district, as determined by the Secretary, if—
(A) the Secretary cannot establish the actual or benchmark county yield for each planted acre for a crop year
for a covered commodity in the county in accordance with
subsection (b)(1) or (c)(2); or
(B) the yield determined under subsection (b)(1) or
(c)(2) is an unrepresentative average yield for the county,
as determined by the Secretary.

7 USC 9018.

SEC. 1118. PRODUCER AGREEMENTS.

(a) COMPLIANCE WITH CERTAIN REQUIREMENTS.—
(1) REQUIREMENTS.—Before the producers on a farm may
receive payments under this subtitle with respect to the farm,
the producers shall agree, during the crop year for which the
payments are made and in exchange for the payments—
(A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security
Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.);
(C) to effectively control noxious weeds and otherwise
maintain the land in accordance with sound agricultural
practices, as determined by the Secretary; and
(D) to use the land on the farm, in a quantity equal
to the attributable base acres for the farm and any base
acres for an agricultural or conserving use, and not for
a nonagricultural commercial, industrial, or residential use,
as determined by the Secretary.
(2) COMPLIANCE.—The Secretary may issue such rules as
the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1).
(3) MODIFICATION.—At the request of the transferee or
owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives
of this subsection, as determined by the Secretary.
(b) TRANSFER OR CHANGE OF INTEREST IN FARM.—
(1) TERMINATION.—
(A) IN GENERAL.—Except as provided in paragraph (2),
a transfer of (or change in) the interest of the producers
on a farm for which payments under this subtitle are
provided shall result in the termination of the payments,
unless the transferee or owner of the acreage agrees to
assume all obligations under subsection (a).
(B) EFFECTIVE DATE.—The termination shall take effect
on the date determined by the Secretary.
(2) EXCEPTION.—If a producer entitled to a payment under
this subtitle dies, becomes incompetent, or is otherwise unable
to receive the payment, the Secretary shall make the payment
in accordance with rules issued by the Secretary.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 673

(c) ACREAGE REPORTS.—As a condition on the receipt of any
benefits under this subtitle or subtitle B, the Secretary shall require
producers on a farm to submit to the Secretary annual acreage
reports with respect to all cropland on the farm.
(d) PRODUCTION REPORTS.—As an additional condition on
receiving agriculture risk coverage payments for individual coverage, the Secretary shall require a producer on a farm to submit
to the Secretary annual production reports with respect to all covered commodities produced on all farms in the same State—
(1) in which the producer has an interest; and
(2) for which individual coverage has been selected.
(e) EFFECT OF INACCURATE REPORTS.—No penalty with respect
to benefits under this subtitle or subtitle B shall be assessed against
a producer on a farm for an inaccurate acreage or production
report unless the Secretary determines that the producer on the
farm knowingly and willfully falsified the acreage or production
report.
(f) TENANTS AND SHARECROPPERS.—In carrying out this subtitle,
the Secretary shall provide adequate safeguards to protect the
interests of tenants and sharecroppers.
(g) SHARING OF PAYMENTS.—The Secretary shall provide for
the sharing of payments made under this subtitle among the producers on a farm on a fair and equitable basis.
SEC. 1119. TRANSITION ASSISTANCE FOR PRODUCERS OF UPLAND
COTTON.

(a) AVAILABILITY.—
(1) PURPOSE.—It is the purpose of this section to provide
transition assistance to producers of upland cotton in light
of the repeal of section 1103 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8713), the inapplicability of sections 1116 and 1117 to upland cotton, and the delayed
implementation of the Stacked Income Protection Plan required
by section 508B of the Federal Crop Insurance Act (7 U.S.C.
1508b), as added by section 11017 of this Act.
(2) 2014 CROP YEAR.—For the 2014 crop of upland cotton,
the Secretary shall provide transition assistance, pursuant to
the terms and conditions of this section, to producers on a
farm for which cotton base acres were in existence for the
2013 crop year.
(3) 2015 CROP YEAR.—For the 2015 crop of upland cotton,
the Secretary shall provide transition assistance, pursuant to
the terms and conditions of this section, to producers on a
farm—
(A) for which cotton base acres were in existence for
the 2013 crop year; and
(B) that is located in a county in which the Stacked
Income Protection Plan required by section 508B of the
Federal Crop Insurance Act (7 U.S.C. 1508b) is not available to producers of upland cotton for the 2015 crop year.
(b) TRANSITION ASSISTANCE RATE.—The transition assistance
rate shall be equal to the product obtained by multiplying—
(1) the June 12, 2013, midpoint estimate for the marketing
year average price of upland cotton received by producers for
the marketing year beginning August 1, 2013, minus the
December 10, 2013, midpoint estimate for the marketing year
average price of upland cotton received by producers for the

7 USC 9019.

128 STAT. 674

PUBLIC LAW 113–79—FEB. 7, 2014

marketing year beginning August 1, 2013, as contained in
the applicable World Agricultural Supply and Demand Estimates report published by the Department of Agriculture; and
(2) the national program yield for upland cotton of 597
pounds per acre.
(c) CALCULATION OF TRANSITION ASSISTANCE AMOUNT.—The
amount of transition assistance to be provided under this section
to producers on a farm for a crop year shall be equal to the
product obtained by multiplying—
(1) for the 2014 crop year, 60 percent, and for the 2015
crop year, 36.5 percent, of the cotton base acres referred to
in subsection (a) for the farm, subject to adjustment or reduction
for conservation measures as provided in subsections (b) and
(c) of section 1112;
(2) the transition assistance rate in effect for the crop
year under subsection (b); and
(3) the payment yield for upland cotton for the farm established for purposes of section 1103(c)(3) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713(c)(3)), divided
by the national program yield for upland cotton of 597 pounds
per acre.
(d) TIME FOR PAYMENT.—The Secretary may not make transition assistance payments for a crop year under this section before
October 1 of the calendar year in which the crop of upland cotton
is harvested.
(e) PAYMENT LIMITATIONS.—Sections 1001 through 1001C of
the Food Security Act of 1985 (7 U.S.C. 1308 through 1308C),
as in effect on September 30, 2013, shall apply to the receipt
of transition assistance under this section in the same manner
as such sections applied to section 1103 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8713).

Subtitle B—Marketing Loans
7 USC 9031.

SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE
LOANS FOR LOAN COMMODITIES.

(a) DEFINITION OF LOAN COMMODITY.—In this subtitle, the term
‘‘loan commodity’’ means wheat, corn, grain sorghum, barley, oats,
upland cotton, extra long staple cotton, long grain rice, medium
grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas,
and large chickpeas.
(b) NONRECOURSE LOANS AVAILABLE.—
(1) IN GENERAL.—For each of the 2014 through 2018 crops
of each loan commodity, the Secretary shall make available
to producers on a farm nonrecourse marketing assistance loans
for loan commodities produced on the farm.
(2) TERMS AND CONDITIONS.—The marketing assistance
loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under
section 1202 for the loan commodity.
(c) ELIGIBLE PRODUCTION.—The producers on a farm shall be
eligible for a marketing assistance loan under subsection (b) for
any quantity of a loan commodity produced on the farm.
(d) COMPLIANCE WITH CONSERVATION AND WETLANDS REQUIREMENTS.—As a condition of the receipt of a marketing assistance

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 675

loan under subsection (b), the producer shall comply with applicable
conservation requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland
protection requirements under subtitle C of title XII of that Act
(16 U.S.C. 3821 et seq.) during the term of the loan.
(e) SPECIAL RULES FOR PEANUTS.—
(1) IN GENERAL.—This subsection shall apply only to producers of peanuts.
(2) OPTIONS FOR OBTAINING LOAN.—A marketing assistance
loan under this section, and loan deficiency payments under
section 1205, may be obtained at the option of the producers
on a farm through—
(A) a designated marketing association or marketing
cooperative of producers that is approved by the Secretary;
or
(B) the Farm Service Agency.
(3) STORAGE OF LOAN PEANUTS.—As a condition on the
approval by the Secretary of an individual or entity to provide
storage for peanuts for which a marketing assistance loan
is made under this section, the individual or entity shall agree—
(A) to provide the storage on a nondiscriminatory basis;
and
(B) to comply with such additional requirements as
the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.
(4) STORAGE, HANDLING, AND ASSOCIATED COSTS.—
(A) IN GENERAL.—To ensure proper storage of peanuts
for which a loan is made under this section, the Secretary
shall pay handling and other associated costs (other than
storage costs) incurred at the time at which the peanuts
are placed under loan, as determined by the Secretary.
(B) REDEMPTION AND FORFEITURE.—The Secretary
shall—
(i) require the repayment of handling and other
associated costs paid under subparagraph (A) for all
peanuts pledged as collateral for a loan that is
redeemed under this section; and
(ii) pay storage, handling, and other associated
costs for all peanuts pledged as collateral that are
forfeited under this section.
(5) MARKETING.—A marketing association or cooperative
may market peanuts for which a loan is made under this
section in any manner that conforms to consumer needs,
including the separation of peanuts by type and quality.
(6) REIMBURSABLE AGREEMENTS AND PAYMENT OF ADMINISTRATIVE EXPENSES.—The
Secretary may implement any
reimbursable agreements or provide for the payment of
administrative expenses under this subsection only in a manner
that is consistent with those activities in regard to other loan
commodities.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE
LOANS.

(a) IN GENERAL.—For purposes of each of the 2014 through
2018 crop years, the loan rate for a marketing assistance loan

7 USC 9032.

128 STAT. 676

PUBLIC LAW 113–79—FEB. 7, 2014

under section 1201 for a loan commodity shall be equal to the
following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.95 per bushel.
(5) In the case of oats, $1.39 per bushel.
(6) In the case of base quality of upland cotton, for each
of the 2014 through 2018 crop years, 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 plantings,
but in no case less than $0.45 per pound or more than $0.52
per pound.
(7) In the case of extra long staple cotton, $0.7977 per
pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $10.09 per hundredweight
for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per hundredweight.
(15) In the case of large chickpeas, $11.28 per hundredweight.
(16) In the case of graded wool, $1.15 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.69 per pound.
(20) In the case of peanuts, $355 per ton.
(b) SINGLE COUNTY LOAN RATE FOR OTHER OILSEEDS.—The
Secretary shall establish a single loan rate in each county for
each kind of other oilseeds described in subsection (a)(11).
7 USC 9033.

7 USC 9034.

SEC. 1203. TERM OF LOANS.

(a) TERM OF LOAN.—In the case of each loan commodity, a
marketing assistance loan under section 1201 shall have a term
of 9 months beginning on the first day of the first month after
the month in which the loan is made.
(b) EXTENSIONS PROHIBITED.—The Secretary may not extend
the term of a marketing assistance loan for any loan commodity.
SEC. 1204. REPAYMENT OF LOANS.

(a) GENERAL RULE.—The Secretary shall permit the producers
on a farm to repay a marketing assistance loan under section
1201 for a loan commodity (other than upland cotton, long grain

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 677

rice, medium grain rice, extra long staple cotton, peanuts and
confectionery and each other kind of sunflower seed (other than
oil sunflower seed)) at a rate that is the lesser of—
(1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section
163 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7283));
(2) a rate (as determined by the Secretary) that—
(A) is calculated based on average market prices for
the loan commodity during the preceding 30-day period;
and
(B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries;
or
(3) a rate that the Secretary may develop using alternative
methods for calculating a repayment rate for a loan commodity
that the Secretary determines will—
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodity by the Federal Government;
(C) minimize the cost incurred by the Federal Government in storing the commodity;
(D) allow the commodity produced in the United States
to be marketed freely and competitively, both domestically
and internationally; and
(E) minimize discrepancies in marketing loan benefits
across State boundaries and across county boundaries.
(b) REPAYMENT RATES FOR UPLAND COTTON, LONG GRAIN RICE,
AND MEDIUM GRAIN RICE.—The Secretary shall permit producers
to repay a marketing assistance loan under section 1201 for upland
cotton, long grain rice, and medium grain rice at a rate that is
the lesser of—
(1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section
163 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7283)); or
(2) the prevailing world market price for the commodity,
as determined and adjusted by the Secretary in accordance
with this section.
(c) REPAYMENT RATES FOR EXTRA LONG STAPLE COTTON.—
Repayment of a marketing assistance loan for extra long staple
cotton shall be at the loan rate established for the commodity
under section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)).
(d) PREVAILING WORLD MARKET PRICE.—For purposes of this
section and section 1207, the Secretary shall prescribe by regulation—
(1) a formula to determine the prevailing world market
price for each of upland cotton, long grain rice, and medium
grain rice; and
(2) a mechanism by which the Secretary shall announce
periodically those prevailing world market prices.
(e) ADJUSTMENT OF PREVAILING WORLD MARKET PRICE FOR
UPLAND COTTON, LONG GRAIN RICE, AND MEDIUM GRAIN RICE.—

128 STAT. 678

PUBLIC LAW 113–79—FEB. 7, 2014

(1) RICE.—The prevailing world market price for long grain
rice and medium grain rice determined under subsection (d)
shall be adjusted to United States quality and location.
(2) COTTON.—The prevailing world market price for upland
cotton determined under subsection (d)—
(A) shall be adjusted to United States quality and
location, with the adjustment to include—
(i) a reduction equal to any United States Premium
Factor for upland cotton of a quality higher than Middling (M) 13⁄32-inch; and
(ii) the average costs to market the commodity,
including average transportation costs, as determined
by the Secretary; and
(B) may be further adjusted, during the period beginning on the date of enactment of this Act and ending
on July 31, 2019, if the Secretary determines the adjustment is necessary—
(i) to minimize potential loan forfeitures;
(ii) to minimize the accumulation of stocks of
upland cotton by the Federal Government;
(iii) to ensure that upland cotton produced in the
United States can be marketed freely and competitively, both domestically and internationally; and
(iv) to ensure an appropriate transition between
current-crop and forward-crop price quotations, except
that the Secretary may use forward-crop price
quotations prior to July 31 of a marketing year only
if—
(I) there are insufficient current-crop price
quotations; and
(II) the forward-crop price quotation is the
lowest such quotation available.
(3) GUIDELINES FOR ADDITIONAL ADJUSTMENTS.—In making
adjustments under this subsection, the Secretary shall establish
a mechanism for determining and announcing the adjustments
in order to avoid undue disruption in the United States market.
(f) REPAYMENT RATES FOR CONFECTIONERY AND OTHER KINDS
OF SUNFLOWER SEEDS.—The Secretary shall permit the producers
on a farm to repay a marketing assistance loan under section
1201 for confectionery and each other kind of sunflower seed (other
than oil sunflower seed) at a rate that is the lesser of—
(1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section
163 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7283)); or
(2) the repayment rate established for oil sunflower seed.
(g) PAYMENT OF COTTON STORAGE COSTS.—Effective for each
of the 2014 through 2018 crop years, the Secretary shall make
cotton storage payments available in the same manner, and at
the same rates as the Secretary provided storage payments for
the 2006 crop of cotton, except that the rates shall be reduced
by 10 percent.
(h) REPAYMENT RATE FOR PEANUTS.—The Secretary shall
permit producers on a farm to repay a marketing assistance loan
for peanuts under section 1201 at a rate that is the lesser of—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 679

(1) the loan rate established for peanuts under section
1202(a)(20), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) a rate that the Secretary determines will—
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of peanuts
by the Federal Government;
(C) minimize the cost incurred by the Federal Government in storing peanuts; and
(D) allow peanuts produced in the United States to
be marketed freely and competitively, both domestically
and internationally.
(i) AUTHORITY TO TEMPORARILY ADJUST REPAYMENT RATES.—
(1) ADJUSTMENT AUTHORITY.—In the event of a severe
disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise
applicable under this section for marketing assistance loans
under section 1201 for a loan commodity.
(2) DURATION.—Any adjustment made under paragraph (1)
in the repayment rate for marketing assistance loans for a
loan commodity shall be in effect on a short-term and temporary
basis, as determined by the Secretary.
SEC. 1205. LOAN DEFICIENCY PAYMENTS.

(a) AVAILABILITY OF LOAN DEFICIENCY PAYMENTS.—
(1) IN GENERAL.—Except as provided in subsection (d), the
Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing
assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity
in return for loan deficiency payments under this section.
(2) UNSHORN PELTS, HAY, AND SILAGE.—
(A) MARKETING ASSISTANCE LOANS.—Subject to
subparagraph (B), nongraded wool in the form of unshorn
pelts and hay and silage derived from a loan commodity
are not eligible for a marketing assistance loan under section 1201.
(B) LOAN DEFICIENCY PAYMENT.—Effective for each of
the 2014 through 2018 crop years, the Secretary may make
loan deficiency payments available under this section to
producers on a farm that produce unshorn pelts or hay
and silage derived from a loan commodity.
(b) COMPUTATION.—A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal
to the product obtained by multiplying—
(1) the payment rate determined under subsection (c) for
the commodity; by
(2) the quantity of the commodity produced by the eligible
producers, excluding any quantity for which the producers
obtain a marketing assistance loan under section 1201.
(c) PAYMENT RATE.—
(1) IN GENERAL.—In the case of a loan commodity, the
payment rate shall be the amount by which—
(A) the loan rate established under section 1202 for
the loan commodity; exceeds

7 USC 9035.

128 STAT. 680

PUBLIC LAW 113–79—FEB. 7, 2014

(B) the rate at which a marketing assistance loan
for the loan commodity may be repaid under section 1204.
(2) UNSHORN PELTS.—In the case of unshorn pelts, the
payment rate shall be the amount by which—
(A) the loan rate established under section 1202 for
ungraded wool; exceeds
(B) the rate at which a marketing assistance loan
for ungraded wool may be repaid under section 1204.
(3) HAY AND SILAGE.—In the case of hay or silage derived
from a loan commodity, the payment rate shall be the amount
by which—
(A) the loan rate established under section 1202 for
the loan commodity from which the hay or silage is derived;
exceeds
(B) the rate at which a marketing assistance loan
for the loan commodity may be repaid under section 1204.
(d) EXCEPTION FOR EXTRA LONG STAPLE COTTON.—This section
shall not apply with respect to extra long staple cotton.
(e) EFFECTIVE DATE FOR PAYMENT RATE DETERMINATION.—The
Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm
with respect to a quantity of a loan commodity or commodity
referred to in subsection (a)(2) using the payment rate in effect
under subsection (c) as of the date the producers request the payment.
7 USC 9036.

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

(a) ELIGIBLE PRODUCERS.—
(1) IN GENERAL.—Effective for each of the 2014 through
2018 crop years, in the case of a producer that would be
eligible for a loan deficiency payment under section 1205 for
wheat, barley, or oats, but that elects to use acreage planted
to the wheat, barley, or oats for the grazing of livestock, the
Secretary shall make a payment to the producer under this
section if the producer enters into an agreement with the
Secretary to forgo any other harvesting of the wheat, barley,
or oats on that acreage.
(2) GRAZING OF TRITICALE ACREAGE.—Effective for each of
the 2014 through 2018 crop years, with respect to a producer
on a farm that uses acreage planted to triticale for the grazing
of livestock, the Secretary shall make a payment to the producer
under this section if the producer enters into an agreement
with the Secretary to forgo any other harvesting of triticale
on that acreage.
(b) PAYMENT AMOUNT.—
(1) IN GENERAL.—The amount of a payment made under
this section to a producer on a farm described in subsection
(a)(1) shall be equal to the amount determined by multiplying—
(A) the loan deficiency payment rate determined under
section 1205(c) in effect, as of the date of the agreement,
for the county in which the farm is located; by
(B) the payment quantity determined by multiplying—
(i) the quantity of the grazed acreage on the farm
with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 681

(ii)(I) the payment yield in effect for the calculation
of price loss coverage under section 1115 with respect
to that loan commodity on the farm;
(II) in the case of a farm for which agriculture
risk coverage is elected under section 1116(a), the payment yield that would otherwise be in effect with
respect to that loan commodity on the farm in the
absence of such election; or
(III) in the case of a farm for which no payment
yield is otherwise established for that loan commodity
on the farm, an appropriate yield established by the
Secretary in a manner consistent with section 1113(c).
(2) GRAZING OF TRITICALE ACREAGE.—The amount of a payment made under this section to a producer on a farm described
in subsection (a)(2) shall be equal to the amount determined
by multiplying—
(A) the loan deficiency payment rate determined under
section 1205(c) in effect for wheat, as of the date of the
agreement, for the county in which the farm is located;
by
(B) the payment quantity determined by multiplying—
(i) the quantity of the grazed acreage on the farm
with respect to which the producer elects to forgo harvesting of triticale; and
(ii)(I) the payment yield in effect for the calculation
of price loss coverage under subtitle A with respect
to wheat on the farm;
(II) in the case of a farm for which agriculture
risk coverage is elected under section 1116(a), the payment yield that would otherwise be in effect for wheat
on the farm in the absence of such election; or
(III) in the case of a farm for which no payment
yield is otherwise established for wheat on the farm,
an appropriate yield established by the Secretary in
a manner consistent with section 1113(c).
(c) TIME, MANNER, AND AVAILABILITY OF PAYMENT.—
(1) TIME AND MANNER.—A payment under this section shall
be made at the same time and in the same manner as loan
deficiency payments are made under section 1205.
(2) AVAILABILITY.—
(A) IN GENERAL.—The Secretary shall establish an
availability period for the payments authorized by this
section.
(B) CERTAIN COMMODITIES.—In the case of wheat,
barley, and oats, the availability period shall be consistent
with the availability period for the commodity established
by the Secretary for marketing assistance loans authorized
by this subtitle.
(d) PROHIBITION ON CROP INSURANCE INDEMNITY OR NONINSURED CROP ASSISTANCE.—A 2014 through 2018 crop of wheat,
barley, oats, or triticale planted on acreage that a producer elects,
in the agreement required by subsection (a), to use for the grazing
of livestock in lieu of any other harvesting of the crop shall not
be eligible for an indemnity under a policy or plan of insurance
authorized under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) or noninsured crop assistance under section 196 of the

128 STAT. 682

PUBLIC LAW 113–79—FEB. 7, 2014

Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333).
7 USC 9037.

SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND
COTTON.

(a) SPECIAL IMPORT QUOTA.—
(1) DEFINITION OF SPECIAL IMPORT QUOTA.—In this subsection, the term ‘‘special import quota’’ means a quantity of
imports that is not subject to the over-quota tariff rate of
a tariff-rate quota.
(2) ESTABLISHMENT.—
(A) IN GENERAL.—The President shall carry out an
import quota program beginning on August 1, 2014, as
provided in this subsection.
(B) PROGRAM REQUIREMENTS.—Whenever the Secretary
determines and announces that for any consecutive 4-week
period, the Friday through Thursday average price
quotation for the lowest-priced United States growth, as
quoted for Middling (M) 13⁄32-inch cotton, delivered to a
definable and significant international market, as determined by the Secretary, exceeds the prevailing world
market price, there shall immediately be in effect a special
import quota.
(3) QUANTITY.—The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at
the seasonally adjusted average rate of the most recent 3
months for which official data of the Department of Agriculture
are available or, in the absence of sufficient data, as estimated
by the Secretary.
(4) APPLICATION.—The quota shall apply to upland cotton
purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (2) and entered into
the United States not later than 180 days after that date.
(5) OVERLAP.—A special quota period may be established
that overlaps any existing quota period if required by paragraph
(2), except that a special quota period may not be established
under this subsection if a quota period has been established
under subsection (b).
(6) PREFERENTIAL TARIFF TREATMENT.—The quantity under
a special import quota shall be considered to be an in-quota
quantity for purposes of—
(A) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act
(19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(7) LIMITATION.—The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of 10 weeks’ consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the
3 months immediately preceding the first special import quota
established in any marketing year.
(b) LIMITED GLOBAL IMPORT QUOTA FOR UPLAND COTTON.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 683

(1) DEFINITIONS.—In this subsection:
(A) DEMAND.—The term ‘‘demand’’ means—
(i) the average seasonally adjusted annual rate
of domestic mill consumption of cotton during the most
recent 3 months for which official data of the Department of Agriculture are available or, in the absence
of sufficient data, as estimated by the Secretary; and
(ii) the larger of—
(I) average exports of upland cotton during
the preceding 6 marketing years; or
(II) cumulative exports of upland cotton plus
outstanding export sales for the marketing year
in which the quota is established.
(B) LIMITED GLOBAL IMPORT QUOTA.—The term ‘‘limited
global import quota’’ means a quantity of imports that
is not subject to the over-quota tariff rate of a tariff-rate
quota.
(C) SUPPLY.—The term ‘‘supply’’ means, using the
latest official data of the Department of Agriculture—
(i) the carry-over of upland cotton at the beginning
of the marketing year (adjusted to 480-pound bales)
in which the quota is established;
(ii) production of the current crop; and
(iii) imports to the latest date available during
the marketing year.
(2) PROGRAM.—The President shall carry out an import
quota program that provides that whenever the Secretary determines and announces that the average price of the base quality
of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of
the average price of the quality of cotton in the markets for
the preceding 36 months, notwithstanding any other provision
of law, there shall immediately be in effect a limited global
import quota subject to the following conditions:
(A) QUANTITY.—The quantity of the quota shall be
equal to 21 days of domestic mill consumption of upland
cotton at the seasonally adjusted average rate of the most
recent 3 months for which official data of the Department
of Agriculture are available or, in the absence of sufficient
data, as estimated by the Secretary.
(B) QUANTITY IF PRIOR QUOTA.—If a quota has been
established under this subsection during the preceding 12
months, the quantity of the quota next established under
this subsection shall be the smaller of 21 days of domestic
mill consumption calculated under subparagraph (A) or
the quantity required to increase the supply to 130 percent
of the demand.
(C) PREFERENTIAL TARIFF TREATMENT.—The quantity
under a limited global import quota shall be considered
to be an in-quota quantity for purposes of—
(i) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference
Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and

128 STAT. 684

PUBLIC LAW 113–79—FEB. 7, 2014

(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(D) QUOTA ENTRY PERIOD.—When a quota is established under this subsection, cotton may be entered under
the quota during the 90-day period beginning on the date
the quota is established by the Secretary.
(3) NO OVERLAP.—Notwithstanding paragraph (2), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(a).
(c) ECONOMIC ADJUSTMENT ASSISTANCE TO USERS OF UPLAND
COTTON.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall, on a monthly basis, make economic adjustment assistance
available to domestic users of upland cotton in the form of
payments for all documented use of that upland cotton during
the previous monthly period regardless of the origin of the
upland cotton.
(2) VALUE OF ASSISTANCE.—Effective beginning on August
1, 2013, the value of the assistance provided under paragraph
(1) shall be 3 cents per pound.
(3) ALLOWABLE PURPOSES.—Economic adjustment assistance under this subsection shall be made available only to
domestic users of upland cotton that certify that the assistance
shall be used only to acquire, construct, install, modernize,
develop, convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4) REVIEW OR AUDIT.—The Secretary may conduct such
review or audit of the records of a domestic user under this
subsection as the Secretary determines necessary to carry out
this subsection.
(5) IMPROPER USE OF ASSISTANCE.—If the Secretary determines, after a review or audit of the records of the domestic
user, that economic adjustment assistance under this subsection
was not used for the purposes specified in paragraph (3), the
domestic user shall be—
(A) liable for the repayment of the assistance to the
Secretary, plus interest, as determined by the Secretary;
and
(B) ineligible to receive assistance under this subsection for a period of 1 year following the determination
of the Secretary.
7 USC 9038.

SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG
STAPLE COTTON.

(a) COMPETITIVENESS PROGRAM.—Notwithstanding any other
provision of law, during the period beginning on the date of enactment of this Act through July 31, 2019, the Secretary shall carry
out a program—
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton produced
in the United States; and
(3) to ensure that extra long staple cotton produced in
the United States remains competitive in world markets.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 685

(b) PAYMENTS UNDER PROGRAM; TRIGGER.—Under the program,
the Secretary shall make payments available under this section
whenever—
(1) for a consecutive 4-week period, the world market price
for the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and
for other factors affecting the competitiveness of such cotton),
as determined by the Secretary, is below the prevailing United
States price for a competing growth of extra long staple cotton;
and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and
for other factors affecting the competitiveness of such cotton),
as determined by the Secretary, is less than 134 percent of
the loan rate for extra long staple cotton.
(c) ELIGIBLE RECIPIENTS.—The Secretary shall make payments
available under this section to domestic users of extra long staple
cotton produced in the United States and exporters of extra long
staple cotton produced in the United States that enter into an
agreement with the Commodity Credit Corporation to participate
in the program under this section.
(d) PAYMENT AMOUNT.—Payments under this section shall be
based on the amount of the difference in the prices referred to
in subsection (b)(1) during the fourth week of the consecutive 4week period multiplied by the amount of documented purchases
by domestic users and sales for export by exporters made in the
week following such a consecutive 4-week period.
SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE
FEED GRAINS AND SEED COTTON.

(a) HIGH MOISTURE FEED GRAINS.—
(1) DEFINITION OF HIGH MOISTURE STATE.—In this subsection, the term ‘‘high moisture state’’ means corn or grain
sorghum having a moisture content in excess of Commodity
Credit Corporation standards for marketing assistance loans
made by the Secretary under section 1201.
(2) RECOURSE LOANS AVAILABLE.—For each of the 2014
through 2018 crops of corn and grain sorghum, the Secretary
shall make available recourse loans, as determined by the
Secretary, to producers on a farm that—
(A) normally harvest all or a portion of their crop
of corn or grain sorghum in a high moisture state;
(B) present—
(i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse,
feedlot, feed mill, distillery, or other similar entity
approved by the Secretary, pursuant to regulations
issued by the Secretary; or
(ii) field or other physical measurements of the
standing or stored crop in regions of the United States,
as determined by the Secretary, that do not have certified commercial scales from which certified scale
tickets may be obtained within reasonable proximity
of harvest operation;
(C) certify that the producers on the farm were the
owners of the feed grain at the time of delivery to, and

7 USC 9039.

128 STAT. 686

PUBLIC LAW 113–79—FEB. 7, 2014

that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered
to, a feedlot, feed mill, or commercial or on-farm highmoisture storage facility, or to a facility maintained by
the users of corn and grain sorghum in a high moisture
state; and
(D) comply with deadlines established by the Secretary
for harvesting the corn or grain sorghum and submit
applications for loans under this subsection within deadlines established by the Secretary.
(3) ELIGIBILITY OF ACQUIRED FEED GRAINS.—A loan under
this subsection shall be made on a quantity of corn or grain
sorghum of the same crop acquired by the producer equivalent
to a quantity determined by multiplying—
(A) the acreage of the corn or grain sorghum in a
high moisture state harvested on the farm of the producer;
by
(B) the lower of—
(i) the payment yield in effect for the calculation
of price loss coverage under section 1115, or the payment yield deemed to be in effect or established under
subclause (II) or (III) of section 1206(b)(1)(B)(ii), with
respect to corn or grain sorghum on a field that is
similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained;
or
(i) the actual yield of corn or grain sorghum on
a field, as determined by the Secretary, that is similar
to the field from which the corn or grain sorghum
referred to in subparagraph (A) was obtained.
(b) RECOURSE LOANS AVAILABLE FOR SEED COTTON.—For each
of the 2014 through 2018 crops of upland cotton and extra long
staple cotton, the Secretary shall make available recourse seed
cotton loans, as determined by the Secretary, on any production.
(c) REPAYMENT RATES.—Repayment of a recourse loan made
under this section shall be at the loan rate established for the
commodity by the Secretary, plus interest (determined in accordance
with section 163 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7283)).
7 USC 9040.

SEC. 1210. ADJUSTMENTS OF LOANS.

(a) ADJUSTMENT AUTHORITY.—Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for
any loan commodity (other than cotton) for differences in grade,
type, quality, location, and other factors.
(b) MANNER OF ADJUSTMENT.—The adjustments under subsection (a) shall, to the maximum extent practicable, be made
in such a manner that the average loan level for the commodity
will, on the basis of the anticipated incidence of the factors, be
equal to the level of support determined in accordance with this
subtitle and subtitle C.
(c) ADJUSTMENT ON COUNTY BASIS.—
(1) IN GENERAL.—The Secretary may establish loan rates
for a crop for producers in individual counties in a manner
that results in the lowest loan rate being 95 percent of the
national average loan rate, if those loan rates do not result
in an increase in outlays.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 687

(2) PROHIBITION.—Adjustments under this subsection shall
not result in an increase in the national average loan rate
for any year.
(d) ADJUSTMENT IN LOAN RATE FOR COTTON.—
(1) IN GENERAL.—The Secretary may make appropriate
adjustments in the loan rate for cotton for differences in quality
factors.
(2) TYPES OF ADJUSTMENTS.—Loan rate adjustments under
paragraph (1) may include—
(A) the use of non-spot market price data, in addition
to spot market price data, that would enhance the accuracy
of the price information used in determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or
above due to micronaire with the goal of eliminating any
unnecessary artificial splits in the calculations of the premiums or discounts; and
(C) such other adjustments as the Secretary determines
appropriate, after consultations conducted in accordance
with paragraph (3).
(3) CONSULTATION WITH PRIVATE SECTOR.—
(A) PRIOR TO REVISION.—In making adjustments to
the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall
consult with representatives of the United States cotton
industry.
(B) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to consultations under this subsection.
(4) REVIEW OF ADJUSTMENTS.—The Secretary may review
the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further
adjustments to the administration of the loan program for
upland cotton, by revoking or revising any adjustment taken
under paragraph (2).
(e) RICE.—The Secretary shall not make adjustments in the
loan rates for long grain rice and medium grain rice, except for
differences in grade and quality (including milling yields).

Subtitle C—Sugar
SEC. 1301. SUGAR POLICY.

(a) CONTINUATION OF CURRENT PROGRAM AND LOAN RATES.—
(1) SUGARCANE.—Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is
amended—
(A) by inserting ‘‘and’’ at the end of paragraph (3);
(B) in paragraph (4), by striking ‘‘the 2011 crop year;
and’’ and inserting ‘‘each of the 2011 through 2018 crop
years.’’; and
(C) by striking paragraph (5).
(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 ‘‘2012’’ and inserting ‘‘2018’’.

128 STAT. 688

PUBLIC LAW 113–79—FEB. 7, 2014
(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 ‘‘2012’’ and inserting ‘‘2018’’.
(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 ‘‘2012’’ and inserting ‘‘2018’’.
(2) EFFECTIVE PERIOD.—Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ‘‘2012’’ and inserting ‘‘2018’’.

Subtitle D—Dairy
PART I—MARGIN PROTECTION PROGRAM FOR
DAIRY PRODUCERS
7 USC 9051.

SEC. 1401. DEFINITIONS.

In this part and part III:
(1) ACTUAL DAIRY PRODUCTION MARGIN.—The term ‘‘actual
dairy production margin’’ means the difference between the
all-milk price and the average feed cost, as calculated under
section 1402.
(2) ALL-MILK PRICE.—The term ‘‘all-milk price’’ means the
average price received, per hundredweight of milk, by dairy
operations for all milk sold to plants and dealers in the United
States, as determined by the Secretary.
(3) AVERAGE FEED COST.—The term ‘‘average feed cost’’
means the average cost of feed used by a dairy operation
to produce a hundredweight of milk, determined under section
1402 using the sum of the following:
(A) The product determined by multiplying 1.0728 by
the price of corn per bushel.
(B) The product determined by multiplying 0.00735
by the price of soybean meal per ton.
(C) The product determined by multiplying 0.0137 by
the price of alfalfa hay per ton.
(4) CONSECUTIVE 2-MONTH PERIOD.—The term ‘‘consecutive
2-month period’’ refers to the 2-month period consisting of
the months of January and February, March and April, May
and June, July and August, September and October, or
November and December, respectively.
(5) DAIRY OPERATION.—
(A) IN GENERAL.—The term ‘‘dairy operation’’ means,
as determined by the Secretary, 1 or more dairy producers
that produce and market milk as a single dairy operation
in which each dairy producer—
(i) shares in the risk of producing milk; and
(ii) makes contributions (including land, labor,
management, equipment, or capital) to the dairy operation of the individual or entity, which are at least
commensurate with the individual or entity’s share
of the proceeds of the operation.
(B) ADDITIONAL OWNERSHIP STRUCTURES.—The Secretary shall determine additional ownership structures to
be covered by the definition of dairy operation.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 689

(6) MARGIN PROTECTION PROGRAM.—The term ‘‘margin
protection program’’ means the margin protection program
required by section 1403.
(7) MARGIN PROTECTION PROGRAM PAYMENT.—The term
‘‘margin protection program payment’’ means a payment made
to a participating dairy operation under the margin protection
program pursuant to section 1406.
(8) PARTICIPATING DAIRY OPERATION.—The term ‘‘participating dairy operation’’ means a dairy operation that registers
under section 1404 to participate in the margin protection
program.
(9) PRODUCTION HISTORY.—The term ‘‘production history’’
means the production history determined for a participating
dairy operation under subsection (a) or (b) of section 1405
when the participating dairy operation first registers to participate in the margin protection program.
(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(11) UNITED STATES.—The term ‘‘United States’’, in a geographical sense, means the 50 States, the District of Columbia,
American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, and any other territory or possession of the United States.
SEC. 1402. CALCULATION OF AVERAGE FEED COST AND ACTUAL DAIRY
PRODUCTION MARGINS.

7 USC 9052.

SEC. 1403. ESTABLISHMENT OF MARGIN PROTECTION PROGRAM FOR
DAIRY PRODUCERS.

7 USC 9053.

(a) CALCULATION OF AVERAGE FEED COST.—The Secretary shall
calculate the national average feed cost for each month using the
following data:
(1) The price of corn for a month shall be the price received
during that month by farmers in the United States for corn,
as reported in the monthly Agricultural Prices report by the
Secretary.
(2) The price of soybean meal for a month shall be the
central Illinois price for soybean meal, as reported in the
Market News–Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall be the price
received during that month by farmers in the United States
for alfalfa hay, as reported in the monthly Agricultural Prices
report by the Secretary.
(b) CALCULATION OF ACTUAL DAIRY PRODUCTION MARGIN.—
(1) IN GENERAL.—For use in the margin protection program,
the Secretary shall calculate the actual dairy production margin
for each consecutive 2-month period by subtracting—
(A) the average feed cost for that consecutive 2-month
period, determined in accordance with subsection (a); from
(B) the all-milk price for that consecutive 2-month
period.
(2) TIME FOR CALCULATION.—The calculation required by
this subsection shall be made as soon as practicable using
the full-month price of the applicable reference month.
Not later than September 1, 2014, the Secretary shall establish
and administer a margin protection program for dairy producers

128 STAT. 690

PUBLIC LAW 113–79—FEB. 7, 2014

under which participating dairy operations are paid a margin
protection payment when actual dairy production margins are less
than the threshold levels for a margin protection payment.
7 USC 9054.

SEC. 1404. PARTICIPATION OF DAIRY OPERATIONS IN MARGIN
PROTECTION PROGRAM.

(a) ELIGIBILITY.—All dairy operations in the United States shall
be eligible to participate in the margin protection program to receive
margin protection payments.
(b) REGISTRATION PROCESS.—
(1) IN GENERAL.—The Secretary shall specify the manner
and form by which a participating dairy operation may register
to participate in the margin protection program.
(2) TREATMENT OF MULTIPRODUCER DAIRY OPERATIONS.—
If a participating dairy operation is operated by more than
1 dairy producer, all of the dairy producers of the participating
dairy operation shall be treated as a single dairy operation
for purposes of participating in the margin protection program.
(3) TREATMENT OF PRODUCERS WITH MULTIPLE DAIRY OPERATIONS.—If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately
register to participate in the margin protection program.
(c) ANNUAL ADMINISTRATIVE FEE.—
(1) ADMINISTRATIVE FEE REQUIRED.—Each participating
dairy operation shall—
(A) pay an administrative fee to register to participate
in the margin protection program; and
(B) pay the administrative fee annually through the
duration of the margin protection program specified in
section 1409.
(2) AMOUNT OF FEE.—The administrative fee for a participating dairy operation shall be $100.
(3) USE OF FEES.—The Secretary shall use administrative
fees collected under this subsection to cover administrative
costs incurred to carry out the margin protection program.
(d) RELATION TO LIVESTOCK GROSS MARGIN FOR DAIRY PROGRAM.—A dairy operation may participate in the margin protection
program or the livestock gross margin for dairy program under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), but not
both.
7 USC 9055.

SEC. 1405. PRODUCTION HISTORY OF PARTICIPATING DAIRY OPERATIONS.

(a) PRODUCTION HISTORY.—
(1) IN GENERAL.—Except as provided in subsection (b),
when a dairy operation first registers to participate in the
margin protection program, the production history of the dairy
operation for the margin protection program is equal to the
highest annual milk marketings of the participating dairy operation during any one of the 2011, 2012, or 2013 calendar
years.
(2) ADJUSTMENT.—In subsequent years, the Secretary shall
adjust the production history of a participating dairy operation
determined under paragraph (1) to reflect any increase in the
national average milk production.
(b) ELECTION BY NEW DAIRY OPERATIONS.—In the case of a
participating dairy operation that has been in operation for less
than a year, the participating dairy operation shall elect 1 of the

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 691

following methods for the Secretary to determine the production
history of the participating dairy operation:
(1) The volume of the actual milk marketings for the
months the participating dairy operation has been in operation
extrapolated to a yearly amount.
(2) An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd
average data published by the Secretary.
(c) REQUIRED INFORMATION.—A participating dairy operation
shall provide all information that the Secretary may require in
order to establish the production history of the participating dairy
operation for purposes of participating in the margin protection
program.
SEC. 1406. MARGIN PROTECTION PAYMENTS.

7 USC 9056.

SEC. 1407. PREMIUMS FOR MARGIN PROTECTION PROGRAM.

7 USC 9057.

(a) COVERAGE LEVEL THRESHOLD AND COVERAGE PERCENTAGE.—For purposes of receiving margin protection payments for
a consecutive 2-month period, a participating dairy operation shall
annually elect—
(1) 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; and
(2) a percentage of coverage, in 5-percent increments, beginning with 25 percent and not exceeding 90 percent of the
production history of the participating dairy operation.
(b) PAYMENT THRESHOLD.—A participating dairy operation shall
receive a margin protection payment whenever the average actual
dairy production margin for a consecutive 2-month period is less
than the coverage level threshold selected by the participating
dairy operation.
(c) AMOUNT OF MARGIN PROTECTION PAYMENT.—The margin
protection payment for the participating dairy operation shall be
determined as follows:
(1) The Secretary shall calculate the amount by which
the coverage level threshold selected by the participating dairy
operation exceeds the average actual dairy production margin
for the consecutive 2-month period.
(2) The amount determined under paragraph (1) shall be
multiplied by—
(A) the coverage percentage selected by the participating dairy operation; and
(B) the production history of the participating dairy
operation divided by 6.
(a) CALCULATION OF PREMIUMS.—For purposes of participating
in the margin protection program, a participating dairy operation
shall pay an annual premium equal to the product obtained by
multiplying—
(1) the coverage percentage elected by the participating
dairy operation under section 1406(a)(2);
(2) the production history of the participating dairy operation; and
(3) the premium per hundredweight of milk imposed by
this section for the coverage level selected.
(b) PREMIUM PER HUNDREDWEIGHT FOR FIRST 4 MILLION
POUNDS OF PRODUCTION.—

128 STAT. 692

PUBLIC LAW 113–79—FEB. 7, 2014
(1) IN GENERAL.—For the first 4,000,000 pounds of milk
marketings included in the production history of a participating
dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph
(2).
(2) PRODUCER PREMIUMS.—Except as provided in paragraph
(3), 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

None
$0.010
$0.025
$0.040
$0.055
$0.090
$0.217
$0.300
$0.475

(3) SPECIAL RULE.—The premium per hundredweight specified in the table contained in paragraph (2) for each coverage
level (except the $8.00 coverage level) shall be reduced by
25 percent for each of calendar years 2014 and 2015.
(c) PREMIUM PER HUNDREDWEIGHT FOR PRODUCTION IN EXCESS
OF 4 MILLION POUNDS.—
(1) IN GENERAL.—For milk marketings in excess of
4,000,000 pounds included in the production history of a participating dairy operation, the premium per hundredweight for
each coverage level is specified in the table contained in paragraph (2).
(2) PRODUCER PREMIUMS.—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

None
$0.020
$0.040
$0.100
$0.155
$0.290
$0.830
$1.060
$1.360

(d) TIME FOR PAYMENT OF PREMIUM.—The Secretary shall provide more than 1 method by which a participating dairy operation
may pay the premium required under this section in any manner

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 693

that maximizes participating dairy operation payment flexibility
and program integrity.
(e) PREMIUM OBLIGATIONS.—
(1) PRO-RATION OF PREMIUM FOR NEW PARTICIPANTS.—In
the case of a participating dairy operation that first registers
to participate in the margin protection program for a calendar
year after the start of the calendar year, the participating
dairy operation shall pay a pro-rated premium for that calendar
year based on the portion of the calendar year for which the
participating dairy operation purchases the coverage.
(2) LEGAL OBLIGATION.—A participating dairy operation in
the margin protection program for a calendar year shall be
legally obligated to pay the applicable premium for that calendar year, except that the Secretary may waive that obligation,
under terms and conditions determined by the Secretary, for
any participating dairy operation in the case of death, retirement, permanent dissolution of a participating dairy operation,
or other circumstances as the Secretary considers appropriate
to ensure the integrity of the program.
SEC. 1408. EFFECT OF FAILURE TO PAY ADMINISTRATIVE FEES OR
PREMIUMS.

7 USC 9058.

SEC. 1409. DURATION.

7 USC 9059.

SEC. 1410. ADMINISTRATION AND ENFORCEMENT.

7 USC 9060.

(a) LOSS OF BENEFITS.—A participating dairy operation that
fails to pay the required annual administrative fee under section
1404 or is in arrears on premium payments under section 1407—
(1) remains legally obligated to pay the administrative
fee or premiums, as the case may be; and
(2) may not receive margin protection payments until the
fees or premiums are fully paid.
(b) ENFORCEMENT.—The Secretary may take such action as
necessary to collect administrative fees and premium payments
for participation in the margin protection program.
The margin protection program shall end on December 31,
2018.

(a) IN GENERAL.—The Secretary shall promulgate regulations
to address administrative and enforcement issues involved in carrying out the margin protection program.
(b) RECONSTITUTION.—The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving margin protection payments.
(c) ADMINISTRATIVE APPEALS.—Using authorities under section
1001(h) of the Food Security Act of 1985 (7 U.S.C. 1308(h)) and
subtitle H of the Department of Agriculture Reorganization Act
(7 U.S.C. 6991 et seq.), the Secretary shall promulgate regulations
to provide for administrative appeals of decisions of the Secretary
that are adverse to participants of the margin protection program.
(d) INCLUSION OF ADDITIONAL ORDER.—Section 143(a)(2) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7253(a)(2)) is amended by adding at the end the following new
sentence: ‘‘Subsection (b) does not apply to the authority of the
Secretary under this subsection.’’.

128 STAT. 694

PUBLIC LAW 113–79—FEB. 7, 2014

PART II—REPEAL OR REAUTHORIZATION OF
OTHER DAIRY-RELATED PROVISIONS
SEC. 1421. REPEAL OF DAIRY PRODUCT PRICE SUPPORT PROGRAM.

Section 1501 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8771) is repealed.

SEC. 1422. TEMPORARY CONTINUATION AND EVENTUAL REPEAL OF
MILK INCOME LOSS CONTRACT PROGRAM.
7 USC 8773 note.

(a) TEMPORARY CONTINUATION OF PAYMENTS UNDER MILK
INCOME LOSS CONTRACT PROGRAM.—Section 1506 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(6) TERMINATION DATE.—The term ‘termination date’
means the earlier of the following:
‘‘(A) The date on which the Secretary certifies to Congress that the margin protection program required by section 1403 of the Agricultural Act of 2014 is operational.
‘‘(B) September 1, 2014.’’;
(2) in subsection (c)(3)—
(A) in subparagraph (B), by inserting after ‘‘August
31, 2013,’’ the following: ‘‘and for the period beginning
February 1, 2014, and ending on the termination date,’’;
and
(B) in subparagraph (C), by striking ‘‘and thereafter,’’
and inserting ‘‘and ending January 31, 2014,’’;
(3) in subsection (d)—
(A) in paragraph (2), by striking ‘‘For any month beginning on or after September 1, 2013,’’ and inserting ‘‘During
the period beginning on September 1, 2013, and ending
on January 31, 2014,’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) FINAL ADJUSTMENT AUTHORITY.—During the period
beginning on February 1, 2014, and ending on the termination
date, if the National Average Dairy Feed Ration Cost for a
month during that period is greater than $7.35 per hundredweight, the amount specified in subsection (c)(2)(A) used to
determine the payment rate for that month shall be increased
by 45 percent of the percentage by which the National Average
Dairy Feed Ration Cost exceeds $7.35 per hundredweight.’’;
(4) in subsection (e)(2)(A)—
(A) in clause (ii), by inserting after ‘‘August 31, 2013,’’
the following: ‘‘and for the period beginning February 1,
2014, and ending on the termination date,’’; and
(B) in clause (iii), by striking ‘‘effective beginning September 1, 2013,’’ and inserting ‘‘for the period beginning
September 1, 2013, and ending January 31, 2014,’’;
(5) in subsection (g), by striking ‘‘during the period beginning on the date that is 90 days after the date of enactment
of this Act and ending on September 30, 2013’’ and inserting
‘‘until the termination date’’; and
(6) in subsection (h)(1), by striking ‘‘September 30, 2013’’
and inserting ‘‘the termination date’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 695

(b) REPEAL OF MILK INCOME LOSS CONTRACT PROGRAM.—
(1) REPEAL.—Effective on the termination date, section
1506 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8773) is repealed.
(2) TERMINATION DATE DEFINED.—In paragraph (1), the
term ‘‘termination date’’ means the earlier of the following:
(A) The date on which the Secretary certifies to Congress that the margin protection program required by section 1403 is operational.
(B) September 1, 2014.
SEC. 1423. REPEAL OF DAIRY EXPORT INCENTIVE PROGRAM.

(a) REPEAL.—Section 153 of the Food Security Act of 1985
(15 U.S.C. 713a–14) is repealed.
(b) CONFORMING AMENDMENTS.—Section 902(2) of the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201(2)) is amended—
(1) by striking subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively.
SEC. 1424. EXTENSION OF DAIRY FORWARD PRICING PROGRAM.

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 ‘‘2012’’ and inserting
‘‘2018’’; and
(2) in paragraph (2), by striking ‘‘2015’’ and inserting
‘‘2021’’.
SEC. 1425. EXTENSION OF DAIRY INDEMNITY PROGRAM.

Section 3 of Public Law 90–484 (7 U.S.C. 450l) is amended
by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 1426. EXTENSION OF DAIRY PROMOTION AND RESEARCH PROGRAM.

Section 113(e)(2) of the Dairy Production Stabilization Act of
1983 (7 U.S.C. 4504(e)(2)) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.

SEC. 1427. REPEAL OF FEDERAL MILK MARKETING ORDER REVIEW
COMMISSION.

Section 1509 of the Food, Conservation, and Energy Act of
2008 (Public Law 110–246; 122 Stat. 1726) is repealed.

PART III—DAIRY PRODUCT DONATION
PROGRAM
SEC. 1431. DAIRY PRODUCT DONATION PROGRAM.

(a) PROGRAM REQUIRED; PURPOSE.—Not later than 120 days
after the date on which the Secretary certifies to Congress that
the margin protection program is operational, the Secretary shall
establish and administer a dairy product donation program for
the purposes of—
(1) addressing low operating margins experienced by
participating dairy operations; and
(2) providing nutrition assistance to individuals in lowincome groups.

7 USC 9071.

128 STAT. 696

PUBLIC LAW 113–79—FEB. 7, 2014

(b) PROGRAM TRIGGER.—The Secretary shall announce that the
dairy product donation program is in effect for a month, and undertake activities under subsection (c) during the month, whenever
the actual dairy production margin has been $4.00 or less per
hundredweight of milk for each of the immediately preceding 2
months.
(c) REQUIRED PROGRAM ACTIVITIES.—
(1) IN GENERAL.—Whenever the dairy product donation
program is in effect under subsection (b), the Secretary shall
immediately purchase dairy products, at prevailing market
prices, until such time as one of the termination conditions
specified in subsection (d)(1) is met.
(2) CONSULTATION.—To determine the types and quantities
of dairy products to purchase under the dairy product donation
program, the Secretary shall consult with public and private
nonprofit organizations organized to feed low-income populations
(d) TERMINATION OF PROGRAM ACTIVITIES.—
(1) TERMINATION THRESHOLDS.—The Secretary shall cease
activities under the dairy product donation program, and shall
not reinitiate activities under the program until the condition
specified in subsection (b) is again met, whenever any one
of the following occurs:
(A) The Secretary has made purchases under the dairy
product donation program for three consecutive months,
even if the actual dairy production margin remains $4.00
or less per hundredweight of milk.
(B) The actual dairy production margin has been
greater than $4.00 per hundredweight of milk for the immediately preceding month.
(C) The actual dairy production margin has been $4.00
or less, but more than $3.00, per hundredweight of milk
for the immediately preceding month and during the same
month—
(i) the price in the United States for cheddar cheese
was more than 5 percent above the world price; or
(ii) the price in the United States for non-fat dry
milk was more than 5 percent above the world price
of skim milk powder.
(D) The actual dairy production margin has been $3.00
or less per hundredweight of milk for the immediately
preceding month and during the same month—
(i) the price in the United States for cheddar cheese
was more than 7 percent above the world price; or
(ii) the price in the United States for non-fat dry
milk was more than 7 percent above the world price
of skim milk powder.
(2) DETERMINATIONS.—For purposes of this subsection, the
Secretary shall determine the price in the United States for
cheddar cheese and non-fat dry milk and the world price of
cheddar cheese and skim milk powder.
(e) DISTRIBUTION OF PURCHASED DAIRY PRODUCTS.—
(1) IN GENERAL.—The Secretary of Agriculture shall distribute, but not store, the dairy products purchased under
the dairy product donation program in a manner that encourages the domestic consumption of such dairy products by

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 697

diverting them to persons in low-income groups, as determined
by the Secretary.
(2) USE OF PUBLIC OR PRIVATE NONPROFIT ORGANIZATIONS.—
The Secretary shall utilize the services of public and private
nonprofit organizations for the distribution of dairy products
purchased under the dairy product donation program. A public
or private nonprofit organization that receives dairy products
may transfer the products to another public or private nonprofit
organization that agrees to use the dairy products to provide,
without cost or waste, nutrition assistance to individuals in
low-income groups.
(f) PROHIBITION ON RESALE OF PRODUCTS.—A public or private
nonprofit organization that receives dairy products under subsection
(e) may not sell the products back into commercial markets.
(g) USE OF COMMODITY CREDIT CORPORATION FUNDS.—As specified in section 1601(a), the funds, facilities, and authorities of the
Commodity Credit Corporation shall be available to the Secretary
for the purposes of implementing and administering the dairy
product donation program.
(h) DURATION.—In addition to the termination conditions specified in subsection (d)(1), the dairy product donation program shall
end on December 31, 2018.

Subtitle E—Supplemental Agricultural
Disaster Assistance Programs
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE PRODUCER ON A FARM.—
(A) IN GENERAL.—The term ‘‘eligible producer on a
farm’’ means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes
the production and market risks associated with the agricultural production of crops or livestock.
(B) DESCRIPTION.—An individual or entity referred to
in subparagraph (A) is—
(i) a citizen of the United States;
(ii) a resident alien;
(iii) a partnership of citizens of the United States;
or
(iv) a corporation, limited liability corporation, or
other farm organizational structure organized under
State law.
(2) FARM-RAISED FISH.—The term ‘‘farm-raised fish’’ means
any aquatic species that is propagated and reared in a controlled environment.
(3) LIVESTOCK.—The term ‘‘livestock’’ includes—
(A) cattle (including dairy cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine;
(F) horses; and
(G) other livestock, as determined by the Secretary.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.

7 USC 9081.

128 STAT. 698

PUBLIC LAW 113–79—FEB. 7, 2014
(b) LIVESTOCK INDEMNITY PAYMENTS.—
(1) PAYMENTS.—For fiscal year 2012 and each succeeding
fiscal year, the Secretary shall use such sums as are necessary
of the funds of the Commodity Credit Corporation to make
livestock indemnity payments to eligible producers on farms
that have incurred livestock death losses in excess of the normal
mortality, as determined by the Secretary, due to—
(A) attacks by animals reintroduced into the wild by
the Federal Government or protected by Federal law,
including wolves and avian predators; or
(B) adverse weather, as determined by the Secretary,
during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat,
and extreme cold.
(2) PAYMENT RATES.—Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at
a rate of 75 percent of the market value of the applicable
livestock on the day before the date of death of the livestock,
as determined by the Secretary.
(3) SPECIAL RULE FOR PAYMENTS MADE DUE TO DISEASE.—
The Secretary shall ensure that payments made to an eligible
producer under paragraph (1) are not made for the same livestock losses for which compensation is provided pursuant to
section 10407(d) of the Animal Health Protection Act (7 U.S.C.
8306(d)).
(c) LIVESTOCK FORAGE DISASTER PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) COVERED LIVESTOCK.—
(i) IN GENERAL.—Except as provided in clause (ii),
the term ‘‘covered livestock’’ means livestock of an
eligible livestock producer that, during the 60 days
prior to the beginning date of a qualifying drought
or fire condition, as determined by the Secretary, the
eligible livestock producer—
(I) owned;
(II) leased;
(III) purchased;
(IV) entered into a contract to purchase;
(V) is a contract grower; or
(VI) sold or otherwise disposed of due to qualifying drought conditions during—
(aa) the current production year; or
(bb) subject to paragraph (3)(B)(ii), 1 or
both of the 2 production years immediately
preceding the current production year.
(ii) EXCLUSION.—The term ‘‘covered livestock’’ does
not include livestock that were or would have been
in a feedlot, on the beginning date of the qualifying
drought or fire condition, as a part of the normal
business operation of the eligible livestock producer,
as determined by the Secretary.
(B) DROUGHT MONITOR.—The term ‘‘drought monitor’’
means a system for classifying drought severity according
to a range of abnormally dry to exceptional drought, as
defined by the Secretary.
(C) ELIGIBLE LIVESTOCK PRODUCER.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 699

(i) IN GENERAL.—The term ‘‘eligible livestock producer’’ means an eligible producer on a farm that—
(I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the
pastureland or grazing land, including cash-leased
pastureland or grazing land, for the livestock;
(II) provides the pastureland or grazing land
for covered livestock, including cash-leased
pastureland or grazing land that is physically
located in a county affected by drought;
(III) certifies grazing loss; and
(IV) meets all other eligibility requirements
established under this subsection.
(ii) EXCLUSION.—The term ‘‘eligible livestock producer’’ does not include an owner, cash or share lessee,
or contract grower of livestock that rents or leases
pastureland or grazing land owned by another person
on a rate-of-gain basis.
(D) NORMAL CARRYING CAPACITY.—The term ‘‘normal
carrying capacity’’, with respect to each type of grazing
land or pastureland in a county, means the normal carrying
capacity, as determined under paragraph (3)(D)(i), that
would be expected from the grazing land or pastureland
for livestock during the normal grazing period, in the
absence of a drought or fire that diminishes the production
of the grazing land or pastureland.
(E) NORMAL GRAZING PERIOD.—The term ‘‘normal
grazing period’’, with respect to a county, means the normal
grazing period during the calendar year for the county,
as determined under paragraph (3)(D)(i).
(2) PROGRAM.—For fiscal year 2012 and each succeeding
fiscal year, the Secretary shall use such sums as are necessary
of the funds of the Commodity Credit Corporation to provide
compensation for losses to eligible livestock producers due to
grazing losses for covered livestock due to—
(A) a drought condition, as described in paragraph
(3) ; or
(B) fire, as described in paragraph (4).
(3) ASSISTANCE FOR LOSSES DUE TO DROUGHT CONDITIONS.—
(A) ELIGIBLE LOSSES.—
(i) IN GENERAL.—An eligible livestock producer
may receive assistance under this subsection only for
grazing losses for covered livestock that occur on land
that—
(I) is native or improved pastureland with
permanent vegetative cover; or
(II) is planted to a crop planted specifically
for the purpose of providing grazing for covered
livestock.
(ii) EXCLUSIONS.—An eligible livestock producer
may not receive assistance under this subsection for
grazing losses that occur on land used for haying or
grazing under 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.).
(B) MONTHLY PAYMENT RATE.—

128 STAT. 700

PUBLIC LAW 113–79—FEB. 7, 2014
(i) IN GENERAL.—Except as provided in clause (ii),
the payment rate for assistance under this paragraph
for 1 month shall, in the case of drought, be equal
to 60 percent of the lesser of—
(I) the monthly feed cost for all covered livestock owned or leased by the eligible livestock
producer, as determined under subparagraph (C);
or
(II) the monthly feed cost calculated by using
the normal carrying capacity of the eligible grazing
land of the eligible livestock producer.
(ii) PARTIAL COMPENSATION.—In the case of an
eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions
in 1 or both of the 2 production years immediately
preceding the current production year, as determined
by the Secretary, the payment rate shall be 80 percent
of the payment rate otherwise calculated in accordance
with clause (i).
(C) MONTHLY FEED COST.—
(i) IN GENERAL.—The monthly feed cost shall equal
the product obtained by multiplying—
(I) 30 days;
(II) a payment quantity that is equal to the
feed grain equivalent, as determined under clause
(ii); and
(III) a payment rate that is equal to the corn
price per pound, as determined under clause (iii).
(ii) FEED GRAIN EQUIVALENT.—For purposes of
clause (i)(II), the feed grain equivalent shall equal—
(I) in the case of an adult beef cow, 15.7
pounds of corn per day; or
(II) in the case of any other type of weight
of livestock, an amount determined by the Secretary that represents the average number of
pounds of corn per day necessary to feed the livestock.
(iii) CORN PRICE PER POUND.—For purposes of
clause (i)(III), the corn price per pound shall equal
the quotient obtained by dividing—
(I) the higher of—
(aa) the national average corn price per
bushel for the 12-month period immediately
preceding March 1 of the year for which the
disaster assistance is calculated; or
(bb) the national average corn price per
bushel for the 24-month period immediately
preceding that March 1; by
(II) 56.
(D) NORMAL GRAZING PERIOD AND DROUGHT MONITOR
INTENSITY.—
(i) FSA COUNTY COMMITTEE DETERMINATIONS.—
(I) IN GENERAL.—The Secretary shall determine the normal carrying capacity and normal
grazing period for each type of grazing land or
pastureland in the county served by the applicable
committee.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 701

(II) CHANGES.—No change to the normal carrying capacity or normal grazing period established
for a county under subclause (I) shall be made
unless the change is requested by the appropriate
State and county Farm Service Agency committees.
(ii) DROUGHT INTENSITY.—
(I) D2.—An eligible livestock producer that
owns or leases grazing land or pastureland that
is physically located in a county that is rated by
the U.S. Drought Monitor as having a D2 (severe
drought) intensity in any area of the county for
at least 8 consecutive weeks during the normal
grazing period for the county, as determined by
the Secretary, shall be eligible to receive assistance
under this paragraph in an amount equal to 1
monthly payment using the monthly payment rate
determined under subparagraph (B).
(II) D3.—An eligible livestock producer that
owns or leases grazing land or pastureland that
is physically located in a county that is rated by
the U.S. Drought Monitor as having at least a
D3 (extreme drought) intensity in any area of the
county at any time during the normal grazing
period for the county, as determined by the Secretary, shall be eligible to receive assistance under
this paragraph—
(aa) in an amount equal to 3 monthly
payments using the monthly payment rate
determined under subparagraph (B);
(bb) if the county is rated as having a
D3 (extreme drought) intensity in any area
of the county for at least 4 weeks during the
normal grazing period for the county, or is
rated as having a D4 (exceptional drought)
intensity in any area of the county at any
time during the normal grazing period, in an
amount equal to 4 monthly payments using
the monthly payment rate determined under
subparagraph (B); or
(cc) if the county is rated as having a
D4 (exceptional drought) intensity in any area
of the county for at least 4 weeks during the
normal grazing period, in an amount equal
to 5 monthly payments using the monthly rate
determined under subparagraph (B).
(4) ASSISTANCE FOR LOSSES DUE TO FIRE ON PUBLIC MANAGED LAND.—
(A) IN GENERAL.—An eligible livestock producer may
receive assistance under this paragraph only if—
(i) the grazing losses occur on rangeland that is
managed by a Federal agency; and
(ii) the eligible livestock producer is prohibited
by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to
a fire.
(B) PAYMENT RATE.—The payment rate for assistance
under this paragraph shall be equal to 50 percent of the

128 STAT. 702

PUBLIC LAW 113–79—FEB. 7, 2014

monthly feed cost for the total number of livestock covered
by the Federal lease of the eligible livestock producer,
as determined under paragraph (3)(C).
(C) PAYMENT DURATION.—
(i) IN GENERAL.—Subject to clause (ii), an eligible
livestock producer shall be eligible to receive assistance
under this paragraph for the period—
(I) beginning on the date on which the Federal
agency excludes the eligible livestock producer
from using the managed rangeland for grazing;
and
(II) ending on the last day of the Federal lease
of the eligible livestock producer.
(ii) LIMITATION.—An eligible livestock producer
may only receive assistance under this paragraph for
losses that occur on not more than 180 days per year.
(5) NO DUPLICATIVE PAYMENTS.—An eligible livestock producer may elect to receive assistance for grazing or pasture
feed losses due to drought conditions under paragraph (3) or
fire under paragraph (4), but not both for the same loss, as
determined by the Secretary.
(d) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND
FARM-RAISED FISH.—
(1) IN GENERAL.—For fiscal year 2012 and each succeeding
fiscal year, the Secretary shall use not more than $20,000,000
of the funds of the Commodity Credit Corporation to provide
emergency relief to eligible producers of livestock, honey bees,
and farm-raised fish to aid in the reduction of losses due
to disease (including cattle tick fever), adverse weather, or
other conditions, such as blizzards and wildfires, as determined
by the Secretary, that are not covered under subsection (b)
or (c).
(2) USE OF FUNDS.—Funds made available under this subsection shall be used to reduce losses caused by feed or water
shortages, disease, or other factors as determined by the Secretary.
(3) AVAILABILITY OF FUNDS.—Any funds made available
under this subsection shall remain available until expended.
(e) TREE ASSISTANCE PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) ELIGIBLE
ORCHARDIST.—The
term
‘‘eligible
orchardist’’ means a person that produces annual crops
from trees for commercial purposes.
(B) NATURAL DISASTER.—The term ‘‘natural disaster’’
means plant disease, insect infestation, drought, fire,
freeze, flood, earthquake, lightning, or other occurrence,
as determined by the Secretary.
(C) NURSERY TREE GROWER.—The term ‘‘nursery tree
grower’’ means a person who produces nursery, ornamental,
fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary.
(D) TREE.—The term ‘‘tree’’ includes a tree, bush, and
vine.
(2) ELIGIBILITY.—
(A) LOSS.—Subject to subparagraph (B), for fiscal year
2012 and each succeeding fiscal year, the Secretary shall

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 703

use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance—
(i) under paragraph (3) to eligible orchardists and
nursery tree growers that planted trees for commercial
purposes but lost the trees as a result of a natural
disaster, as determined by the Secretary; and
(ii) under paragraph (3)(B) to eligible orchardists
and nursery tree growers that have a production history for commercial purposes on planted or existing
trees but lost the trees as a result of a natural disaster,
as determined by the Secretary.
(B) LIMITATION.—An eligible orchardist or nursery tree
grower shall qualify for assistance under subparagraph
(A) only if the tree mortality of the eligible orchardist
or nursery tree grower, as a result of damaging weather
or related condition, exceeds 15 percent (adjusted for
normal mortality).
(3) ASSISTANCE.—Subject to paragraph (4), the assistance
provided by the Secretary to eligible orchardists and nursery
tree growers for losses described in paragraph (2) shall consist
of—
(A)(i) reimbursement of 65 percent of the cost of
replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality
(adjusted for normal mortality); or
(ii) at the option of the Secretary, sufficient seedlings
to reestablish a stand; and
(B) reimbursement of 50 percent of the cost of pruning,
removal, and other costs incurred by an eligible orchardist
or nursery tree grower to salvage existing trees or, in
the case of tree mortality, to prepare the land to replant
trees as a result of damage or tree mortality due to a
natural disaster, as determined by the Secretary, in excess
of 15 percent damage or mortality (adjusted for normal
tree damage and mortality).
(4) LIMITATIONS ON ASSISTANCE.—
(A) DEFINITIONS OF LEGAL ENTITY AND PERSON.—In
this paragraph, the terms ‘‘legal entity’’ and ‘‘person’’ have
the meaning given those terms in section 1001(a) of the
Food Security Act of 1985 (7 U.S.C. 1308(a)).
(B) AMOUNT.—The total amount of payments received,
directly or indirectly, by a person or legal entity (excluding
a joint venture or general partnership) under this subsection may not exceed $125,000 for any crop year, or
an equivalent value in tree seedlings.
(C) ACRES.—The total quantity of acres planted to trees
or tree seedlings for which a person or legal entity shall
be entitled to receive payments under this subsection may
not exceed 500 acres.
(f) PAYMENT LIMITATIONS.—
(1) DEFINITIONS OF LEGAL ENTITY AND PERSON.—In this
subsection, the terms ‘‘legal entity’’ and ‘‘person’’ have the
meaning given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).
(2) AMOUNT.—The total amount of disaster assistance payments received, directly or indirectly, by a person or legal
entity (excluding a joint venture or general partnership) under

128 STAT. 704

PUBLIC LAW 113–79—FEB. 7, 2014
this section (excluding payments received under subsection (e))
may not exceed $125,000 for any crop year.
(3) DIRECT ATTRIBUTION.—Subsections (e) and (f) of section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or
any successor provisions relating to direct attribution shall
apply with respect to assistance provided under this section.

Subtitle F—Administration
7 USC 9091.

SEC. 1601. ADMINISTRATION GENERALLY.

(a) USE OF COMMODITY CREDIT CORPORATION.—The Secretary
shall use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this title.
(b) DETERMINATIONS BY SECRETARY.—A determination made
by the Secretary under this title shall be final and conclusive.
(c) REGULATIONS.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, not later than 90 days after the date of enactment
of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement this title and the amendments made
by this title.
(2) PROCEDURE.—The promulgation of the regulations and
administration of this title and the amendments made by this
title and sections 11003 and 11017 shall be made without
regard to—
(A) the notice and comment provisions of section 553
of title 5, United States Code;
(B) chapter 35 of title 44, United States Code (commonly known as the ‘‘Paperwork Reduction Act’’); and
(C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and public
participation in rulemaking.
(3) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In
carrying out this subsection, the Secretary shall use the
authority provided under section 808 of title 5, United States
Code.
(d) ADJUSTMENT AUTHORITY RELATED TO TRADE AGREEMENTS
COMPLIANCE.—
(1) REQUIRED DETERMINATION; ADJUSTMENT.—If the Secretary determines that expenditures under this title that are
subject to the total allowable domestic support levels under
the Uruguay Round Agreements (as defined in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501)) will
exceed such allowable levels for any applicable reporting period,
the Secretary shall, to the maximum extent practicable, make
adjustments in the amount of such expenditures during that
period to ensure that such expenditures do not exceed the
allowable levels.
(2) CONGRESSIONAL NOTIFICATION.—Before making any
adjustment under paragraph (1), the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report describing the determination made under
that paragraph and the extent of the adjustment to be made.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 705

SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.

(a) AGRICULTURAL ADJUSTMENT ACT OF 1938.—The following
provisions of the Agricultural Adjustment Act of 1938 shall not
be applicable to the 2014 through 2018 crops of covered commodities
(as defined in section 1111), cotton, and sugar and shall not be
applicable to milk during the period beginning on the date of
enactment of this Act through December 31, 2018:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) AGRICULTURAL ACT OF 1949.—The following provisions of
the Agricultural Act of 1949 shall not be applicable to the 2014
through 2018 crops of covered commodities (as defined in section
1111), cotton, and sugar and shall not be applicable to milk during
the period beginning on the date of enactment of this Act and
through December 31, 2018:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections
404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.—The joint resolution entitled ‘‘A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as
amended’’, approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall
not be applicable to the crops of wheat planted for harvest in
the calendar years 2014 through 2018.
SEC. 1603. PAYMENT LIMITATIONS.

(a) IN GENERAL.—Section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended by striking subsections (b) and
(c) and inserting the following:
‘‘(b) LIMITATION ON PAYMENTS FOR COVERED COMMODITIES
(OTHER THAN PEANUTS).—The total amount of payments received,
directly or indirectly, by a person or legal entity (except a joint
venture or general partnership) for any crop year under sections
1116 and 1117 and as marketing loan gains or loan deficiency
payments under subtitle B of title I of the Agricultural Act of
2014 (other than for peanuts) may not exceed $125,000.
‘‘(c) LIMITATION ON PAYMENTS FOR PEANUTS.—The total amount
of payments received, directly or indirectly, by a person or legal
entity (except a joint venture or general partnership) for any crop
year under sections 1116 and 1117 and as marketing loan gains
or loan deficiency payments under subtitle B of title I of the Agricultural Act of 2014 for peanuts may not exceed $125,000.’’.
(b) CONFORMING AMENDMENTS.—

7 USC 9092.

128 STAT. 706

7 USC 1308 note.
7 USC 1308–1
note.

PUBLIC LAW 113–79—FEB. 7, 2014

(1) LIMITATION ON APPLICABILITY.—Section 1001(d) of the
Food Security Act of 1985 (7 U.S.C. 1308(d)) is amended by
striking ‘‘the marketing assistance loan program or the loan
deficiency payment program under title I of the Food, Conservation, and Energy Act of 2008’’ and inserting ‘‘the forfeiture
of a commodity pledged as collateral for a loan made available
under subtitle B of title I of the Agricultural Act of 2014’’.
(2) TREATMENT OF FEDERAL AGENCIES AND STATE AND LOCAL
GOVERNMENTS.—Section 1001(f) of the Food Security Act of
1985 (7 U.S.C. 1308(f)) is amended—
(A) in paragraph (5)(A), by striking ‘‘or title XII’’ and
inserting ‘‘, title I of the Agricultural Act of 2014, or title
XII’’; and
(B) in paragraph (6)(A), by striking ‘‘or title XII’’ and
inserting ‘‘, title I of the Agricultural Act of 2014, or title
XII’’.
(3) FOREIGN PERSONS INELIGIBLE.—Section 1001C(a) of the
Food Security Act of 1985 (7 U.S.C. 1308–3(a)) is amended
by inserting ‘‘title I of the Agricultural Act of 2014,’’ after
‘‘2008,’’.
(c) APPLICATION.—The amendments made by this section shall
apply beginning with the 2014 crop year.
SEC. 1604. RULEMAKING RELATED TO SIGNIFICANT CONTRIBUTION
FOR ACTIVE PERSONAL MANAGEMENT.

(a) REGULATIONS REQUIRED.—Within 180 days after the date
of the enactment of this Act, the Secretary shall promulgate, with
an opportunity for notice and comment, regulations—
(1) to define the term ‘‘significant contribution of active
personal management’’ for purposes of section 1001A of the
Food Security Act of 1985 (7 U.S.C. 1308–1); and
(2) if the Secretary determines it is appropriate, to establish
limits for varying types of farming operations on the number
of individuals who may be considered to be actively engaged
in farming with respect to the farming operation when a significant contribution of active personal management is the basis
used to meet the requirement of being actively engaged in
farming under section 1001A of the Food Security Act of 1985
(7 U.S.C. 1308–1) by an individual or entity.
(b) CONSIDERATIONS.—In promulgating the regulations required
under subsection (a), the Secretary shall consider—
(1) the size, nature, and management requirements of each
type of farming operation;
(2) the changing nature of active personal management
due to advancements of farming operations; and
(3) the degree to which the regulations promulgated pursuant to subsection (a) will adversely impact the long-term
viability of the farming operation.
(c) FAMILY FARMS.—The Secretary shall not apply the regulations promulgated pursuant to subsection (a) to individuals or entities comprised solely of family members (as that term is defined
in section 1001(a)(2) of the Food Security Act of 1985 (7 U.S.C.
1308(a)(2))).
(d) MONITORING.—The regulations promulgated pursuant to
subsection (a) shall include a plan for monitoring the status of
compliance reviews for whether a person or entity is in compliance
with the regulations.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 707

(e) PAPERWORK REDUCTION.—In order to conserve Federal
resources and prevent unnecessary paperwork burdens, the Secretary shall ensure that any additional paperwork required as
a result of the regulations promulgated pursuant to subsection
(a) be limited to those persons who are subject to such regulations.
(f) RELATION TO OTHER REQUIREMENTS.—Nothing in this section may be construed to authorize the Secretary to alter, directly
or indirectly, existing regulations for other requirements in section
1001A of the Food Security Act of 1985 (7 U.S.C. 1308–1).
(g) EFFECTIVE DATE.—The requirements of any regulation
promulgated pursuant to this section shall apply beginning with
the 2015 crop year.
SEC. 1605. ADJUSTED GROSS INCOME LIMITATION.

(a) LIMITATIONS AND COVERED BENEFITS.—Section 1001D(b) of
the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended—
(1) in the subsection heading, by striking ‘‘LIMITATIONS’’
and inserting ‘‘LIMITATIONS ON COMMODITY AND CONSERVATION
PROGRAMS’’;
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
‘‘(1) LIMITATION.—Notwithstanding any other provision of
law, a person or legal entity shall not be eligible to receive
any benefit described in paragraph (2) during a crop, fiscal,
or program year, as appropriate, if the average adjusted gross
income of the person or legal entity exceeds $900,000.
‘‘(2) COVERED BENEFITS.—Paragraph (1) applies with
respect to the following:
‘‘(A) A payment or benefit under subtitle A or E of
title I of the Agricultural Act of 2014.
‘‘(B) A marketing loan gain or loan deficiency payment
under subtitle B of title I of the Agricultural Act of 2014.
‘‘(C) Starting with fiscal year 2015, a payment or benefit under title II of the Agricultural Act of 2014, title
II of the Farm Security and Rural Investment Act of 2002,
title II of the Food, Conservation, and Energy Act of 2008,
or title XII of the Food Security Act of 1985.
‘‘(D) A payment or benefit under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)).
‘‘(E) A payment or benefit under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333).’’.
(b) UPDATING DEFINITIONS.—Paragraph (1) of section 1001D(a)
of the Food Security Act of 1985 (7 U.S.C. 1308–3a(a)) is amended
to read as follows:
‘‘(1) AVERAGE ADJUSTED GROSS INCOME.—In this section,
the term ‘average adjusted gross income’, with respect to a
person or legal entity, means the average of the adjusted gross
income or comparable measure of the person or legal entity
over the 3 taxable years preceding the most immediately preceding complete taxable year, as determined by the Secretary.’’.
(c) INCOME DETERMINATION.—Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.

128 STAT. 708

7 USC 1308–3a
note.

PUBLIC LAW 113–79—FEB. 7, 2014

(d) CONFORMING AMENDMENTS.—Section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308–3a) is amended—
(1) in subsection (a)(2)—
(A) by striking ‘‘subparagraph (A) or (B) of’’; and
(B) by striking ‘‘, the average adjusted gross farm
income, and the average adjusted gross nonfarm income’’;
(2) in subsection (a)(3), by striking ‘‘, average adjusted
gross farm income, and average adjusted gross nonfarm income’’
both places it appears;
(3) in subsection (c) (as redesignated by subsection (c)(2)
of this section)—
(A) in paragraph (1), by striking ‘‘, average adjusted
gross farm income, and average adjusted gross nonfarm
income’’ both places it appears; and
(B) in paragraph (2), by striking ‘‘paragraphs (1)(C)
and (2)(B) of subsection (b)’’ and inserting ‘‘subsection
(b)(2)’’; and
(4) in subsection (d) (as redesignated by subsection (c)(2)
of this section)—
(A) by striking ‘‘paragraphs (1)(C) and (2)(B) of subsection (b)’’ and inserting ‘‘subsection (b)(2)’’; and
(B) by striking ‘‘, average adjusted gross farm income,
or average adjusted gross nonfarm income’’.
(e) EFFECTIVE PERIOD.—Subsection (e) of section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308–3a), as redesignated
by subsection (c)(2) of this section, is repealed.
(f) LIMITATION ON APPLICABILITY.—Section 1001(d) of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended by inserting before
the period at the end the following: ‘‘or title I of the Agricultural
Act of 2014’’.
(g) 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 the enactment of this Act, shall apply with respect to the 2013
crop, fiscal, or program year, as appropriate, for each program
described in paragraphs (1)(C) and (2)(B) of subsection (b) of that
section (as so in effect on that day).
SEC.

1606.

GEOGRAPHICALLY
RANCHERS.

DISADVANTAGED

FARMERS

AND

Section 1621(d) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8792(d)) is amended by striking ‘‘each of fiscal
years 2009 through 2012’’ and inserting ‘‘fiscal year 2009 and each
succeeding fiscal year’’.
SEC. 1607. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.

Section 164 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7284) is amended by striking ‘‘and
title I of the Food, Conservation, and Energy Act of 2008’’ each
place it appears and inserting ‘‘title I of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8702 et seq.), and title I of
the Agricultural Act of 2014’’.

7 USC 9093.

SEC. 1608. PREVENTION OF DECEASED INDIVIDUALS RECEIVING PAYMENTS UNDER FARM COMMODITY PROGRAMS.

(a) RECONCILIATION.—At least twice each year, the Secretary
shall reconcile Social Security numbers of all individuals who
receive payments under this title, whether directly or indirectly,

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 709

with the Commissioner of Social Security to determine if the individuals are alive.
(b) PRECLUSION.—The Secretary shall preclude the issuance
of payments to, and on behalf of, deceased individuals that were
not eligible for payments.
SEC. 1609. TECHNICAL CORRECTIONS.

(a) MISSING PUNCTUATION.—Section 359f(c)(1)(B) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(B)) is amended
by adding a period at the end.
(b) ERRONEOUS CROSS REFERENCE.—
(1) AMENDMENT.—Section 1603(g) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat.
1739) is amended in paragraphs (2) through (6) and the amendments made by those paragraphs by striking ‘‘1703(a)’’ each
place it appears and inserting ‘‘1603(a)’’.
(2) EFFECTIVE DATE.—This subsection and the amendments
made by this subsection take effect as if included in the Food,
Conservation, and Energy Act of 2008 (Public Law 110–246;
122 Stat. 1651).
(c) CONTINUED APPLICABILITY OF APPROPRIATIONS GENERAL
PROVISION.—Section 767 of division A of Public Law 108–7 (7 U.S.C.
7911 note; 117 Stat. 48) is amended—
(1) by striking ‘‘(a)’’;
(2) by striking ‘‘sections 1101 and 1102 of Public Law 107–
171’’ and inserting ‘‘subtitle A of title I of the Agricultural Act of
2014’’; and
(3) by striking ‘‘such section 1102’’ and inserting ‘‘such
subtitle’’; and
(4) by striking subsection (b).
SEC. 1610. APPEALS.

(a) DIRECTION, CONTROL, AND SUPPORT.—Section 272 of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6992) is amended by striking subsection (c) and inserting the following:
‘‘(c) DIRECTION, CONTROL, AND SUPPORT.—
‘‘(1) DIRECTION AND CONTROL.—
‘‘(A) IN GENERAL.—Except as provided in paragraph
(2), the Director shall be free from the direction and control
of any person other than the Secretary or the Deputy
Secretary of Agriculture.
‘‘(B) ADMINISTRATIVE SUPPORT.—The Division shall not
receive administrative support (except on a reimbursable
basis) from any agency other than the Office of the Secretary.
‘‘(C) PROHIBITION ON DELEGATION.—The Secretary may
not delegate to any other officer or employee of the Department, other than the Deputy Secretary of Agriculture or
the Director, the authority of the Secretary with respect
to the Division.
‘‘(2) EXCEPTION.—The Assistant Secretary for Administration is authorized to investigate, enforce, and implement the
provisions in law, Executive order, or regulations that relate
in general to competitive and excepted service positions and
employment within the Division, including the position of
Director, and such authority may be further delegated to
subordinate officials.’’.

7 USC 1471g,
1524, 8204; 16
USC 2106a; 19
USC 2401.
7 USC 1471g
note.

128 STAT. 710

PUBLIC LAW 113–79—FEB. 7, 2014

(b) CONFORMING AMENDMENT.—Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b))
is amended—
(1) in the matter preceding paragraph (1) by striking
‘‘affect—’’ and inserting ‘‘affect:’’;
(2) by striking ‘‘the authority’’ each place it appears in
paragraphs (1) through (7) and inserting ‘‘The authority’’;
(3) by striking the semicolon at the end of each of paragraphs (1) through (5) and inserting a period;
(4) in paragraph (6)(C), by striking ‘‘; or’’ at the end and
inserting a period; and
(5) by adding at the end the following:
‘‘(8) The authority of the Secretary to carry out amendments
made to this title by the Agricultural Act of 2014.’’.
7 USC 9094.

SEC. 1611. ASSIGNMENT OF PAYMENTS.

(a) IN GENERAL.—The provisions of section 8(g) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)),
relating to assignment of payments, shall apply to payments made
under this title.
(b) NOTICE.—The producer making the assignment, or the
assignee, shall provide the Secretary with notice, in such manner
as the Secretary may require, of any assignment made under this
section.

7 USC 9095.

SEC. 1612. TRACKING OF BENEFITS.

7 USC 9096.

SEC. 1613. SIGNATURE AUTHORITY.

As soon as practicable after the date of enactment of this
Act, the Secretary may track the benefits provided, directly or
indirectly, to individuals and entities under titles I and II and
the amendments made by those titles.

(a) IN GENERAL.—In carrying out this title and title II and
amendments made by those titles, if the Secretary approves a
document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority
of any person signing the document on behalf of the applicant
or any other individual, entity, general partnership, or joint venture,
or the documents relied upon were determined inadequate or
invalid, unless the person signing the program document knowingly
and willfully falsified the evidence of signature authority or a
signature.
(b) AFFIRMATION.—
(1) IN GENERAL.—Nothing in this section prohibits the Secretary from asking a proper party to affirm any document
that otherwise would be considered approved under subsection
(a).
(2) NO RETROACTIVE EFFECT.—A denial of benefits based
on a lack of affirmation under paragraph (1) shall not be
retroactive with respect to third-party producers who were not
the subject of the erroneous representation of authority, if
the third-party producers—
(A) relied on the prior approval by the Secretary of
the documents in good faith; and
(B) substantively complied with all program requirements.

PUBLIC LAW 113–79—FEB. 7, 2014
SEC. 1614. IMPLEMENTATION.

128 STAT. 711

(a) MAINTENANCE OF BASE ACRES AND PAYMENT YIELDS.—The
Secretary shall maintain, for each covered commodity and upland
cotton, base acres and payment yields on a farm established under
sections 1001 and 1301 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8702, 8751), as adjusted pursuant to sections
1101, 1102, 1108, and 1302 of such Act (7 U.S.C. 8711, 8712,
8718, 8752), as in effect on September 30, 2013.
(b) STREAMLINING.—In implementing this title, the Secretary
shall—
(1) reduce administrative burdens and costs to producers
by streamlining and reducing paperwork, forms, and other
administrative
requirements,
including
through
the
implementation of the Acreage Crop Reporting and Streamlining Initiative that, in part, shall ensure that—
(A) a producer (or an agent of a producer) may report
information, electronically (including geospatial data) or
conventionally, to the Department; and
(B) upon the request of the producer (or agent thereof)
the Department of Agriculture electronically shares with
the producer (or agent) in real time and without cost to
the producer (or agent) the common land unit data, related
farm level data, and other information of the producer;
(2) improve coordination, information sharing, and administrative work with the Farm Service Agency, Risk Management
Agency, and the Natural Resources Conservation Service; and
(3) take advantage of new technologies to enhance efficiency
and effectiveness of program delivery to producers.
(c) IMPLEMENTATION.—
(1) IN GENERAL.—The Secretary shall make available to
the Farm Service Agency to carry out this title $100,000,000.
(2) ADDITIONAL FUNDS.—
(A) INITIAL DETERMINATION.—If, by September 30,
2014, the Secretary notifies the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate that
the Farm Service Agency has made substantial progress
toward implementing the requirements of subsection (b)(1),
the Secretary shall make available to the Farm Service
Agency to carry out this title $10,000,000 on October 1,
2014. The amount made available under this subparagraph
is in addition to the amount made available under paragraph (1).
(B) SUBSEQUENT DETERMINATION.—If, by September
30, 2015, the Secretary notifies the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate that
the requirements of subsection (b)(1) have been fully implemented and those Committees provide written concurrence
to the Secretary, the Secretary shall make available to
the Farm Service Agency to carry out this title $10,000,000
on the date the written concurrence is provided or October
1, 2015, whichever is later. The amount made available
under this subparagraph is in addition to the amount made
available under paragraph (1) and any amount made available under subparagraph (A).
(3) PRODUCER EDUCATION.—

7 USC 9097.

128 STAT. 712

PUBLIC LAW 113–79—FEB. 7, 2014
(A) IN GENERAL.—Of the funds made available under
paragraph (1), the Secretary shall provide $3,000,000 to
State extension services for the purpose of educating
farmers and ranchers on the options made available under
subtitles A, D, and E of this title and under section 196
of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333).
(B) WEB-BASED DECISION AIDS.—
(i) USE OF QUALIFIED UNIVERSITIES.—Of the funds
made available under paragraph (1), the Secretary
shall use $3,000,000 to support qualified universities
(or university-based organizations) that represent a
diversity of regions and commodities (including dairy),
possess expertise regarding the programs authorized
by this Act, have a history in the development of
decision aids and producer outreach initiatives
regarding farm risk management programs, and are
able to meet the deadline established pursuant to
clause (ii) to develop web-based decision aids to assist
producers in understanding available options described
in subparagraph (A) and to train producers to use
these decision aids.
(ii) DEADLINES.—To the maximum extent practicable, the Secretary shall—
(I) obligate the funds made available under
clause (i) within 30 days after the date of the
enactment of this Act; and
(II) require the products described in clause
(i) to be made available to producers on the internet within a reasonable period of time, as determined by the Secretary, after the implementation
of the first rule implementing programs required
under subtitle A of this title.
(d) LOAN IMPLEMENTATION.—
(1) IN GENERAL.—In any crop year in which an order is
issued pursuant 2 U.S.C. 901(a), the Secretary shall use such
sums as necessary of the funds of the Commodity Credit Corporation for such crop year to fully restore the support, loan,
or assistance that is otherwise required under subtitles B or
C of this title or under the amendments made by subtitles
B or C, except with respect to the assistance provided under
sections 1207(c) and 1208.
(2) REPAYMENT.—In carrying out this subsection, the Secretary shall ensure that when a producer repays a loan at
a rate equal to the loan rate plus interest in accordance with
the repayment provisions of subtitles B or C that the repayment
amount shall include the portion of the loan amount provided
under paragraph (1), except that this paragraph shall not affect
or reduce marketing loan gains, loan deficiency payments, or
forfeiture benefits provided for under subtitles B or C and
as supplemented in accordance with paragraph (1).

SEC. 1615. RESEARCH OPTION.

(a) IN GENERAL.—Notwithstanding section 4(m) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(m)), funds
of the Commodity Credit Corporation disbursed pursuant to the
memorandum of understanding between the Government of the

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 713

United States of America and the Government of the Federative
Republic of Brazil regarding a fund for technical assistance and
capacity building with respect to dispute WT/DS 267 in the World
Trade Organization may, upon resolution of the dispute, be used
for research consistent with the conditions imposed by subsection
(b).
(b) CONDITIONS.—Research authorized by subsection (a) must
be conducted in collaboration with research agencies of the United
States Department of Agriculture or with a college, university,
or research foundation located in the United States. Such research
and collaboration shall be subject to the agreement of the parties
to the resolved dispute described in subsection (a).

TITLE II—CONSERVATION
Subtitle A—Conservation Reserve Program
SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS OF CONSERVATION RESERVE PROGRAM.

(a) EXTENSION.—Section 1231(a) of the Food Security Act of
1985 (16 U.S.C. 3831(a)) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.
(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 ‘‘the date of enactment
of the Food, Conservation, and Energy Act of 2008’’ and
inserting ‘‘the date of enactment of the Agricultural Act of
2014’’;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(3) by inserting before paragraph (4) the following new
paragraph:
‘‘(3) grasslands that—
‘‘(A) contain forbs or shrubland (including improved
rangeland and pastureland) for which grazing is the
predominant use;
‘‘(B) are located in an area historically dominated by
grasslands; and
‘‘(C) could provide habitat for animal and plant populations of significant ecological value if the land is retained
in its current use or restored to a natural condition;’’;
(4) in paragraph (4)(C), by striking ‘‘filterstrips devoted
to trees or shrubs’’ and inserting ‘‘filterstrips or riparian buffers
devoted to trees, shrubs, or grasses’’; and
(5) by striking paragraph (5) and inserting the following
new paragraph:
‘‘(5) the portion of land in a field not enrolled in the
conservation reserve in a case in which—
‘‘(A) more than 50 percent of the land in the field
is enrolled as a buffer or filterstrip, or more than 75 percent
of the land in the field is enrolled as a conservation practice
other than as a buffer or filterstrip; and
‘‘(B) the remainder of the field is—
‘‘(i) infeasible to farm; and
‘‘(ii) enrolled at regular rental rates.’’.

128 STAT. 714

PUBLIC LAW 113–79—FEB. 7, 2014

(c) PLANTING STATUS OF CERTAIN LAND.—Section 1231(c) of
the Food Security Act of 1985 (16 U.S.C. 3831(c)) is amended
by striking ‘‘if’’ and all that follows through the period at the
end and inserting ‘‘if, during the crop year, the land was devoted
to a conserving use.’’.
(d) ENROLLMENT.—Subsection (d) of section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended to read as follows:
‘‘(d) ENROLLMENT.—
‘‘(1) MAXIMUM ACREAGE ENROLLED.—The Secretary may
maintain in the conservation reserve at any one time during—
‘‘(A) fiscal year 2014, no more than 27,500,000 acres;
‘‘(B) fiscal year 2015, no more than 26,000,000 acres;
‘‘(C) fiscal year 2016, no more than 25,000,000 acres;
‘‘(D) fiscal year 2017, no more than 24,000,000 acres;
and
‘‘(E) fiscal year 2018, no more than 24,000,000 acres.
‘‘(2) GRASSLANDS.—
‘‘(A) LIMITATION.—For purposes of applying the limitations in paragraph (1), no more than 2,000,000 acres of
the land described in subsection (b)(3) may be enrolled
in the program at any one time during the 2014 through
2018 fiscal years.
‘‘(B) PRIORITY.—In enrolling acres under subparagraph
(A), the Secretary may give priority to land with expiring
conservation reserve program contracts.
‘‘(C) METHOD OF ENROLLMENT.—In enrolling acres
under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land on
a continuous enrollment basis with one or more ranking
periods.’’.
(e) DURATION OF CONTRACT.—Section 1231(e) of the Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended by striking paragraphs (2) and (3) and inserting the following new paragraph:
‘‘(2) SPECIAL RULE FOR CERTAIN LAND.—In the case of land
devoted to hardwood trees, shelterbelts, windbreaks, or wildlife
corridors under a contract entered into under this subchapter,
the owner or operator of the land may, within the limitations
prescribed under paragraph (1), specify the duration of the
contract.’’.
(f) CONSERVATION PRIORITY AREAS.—Section 1231(f) of the Food
Security Act of 1985 (16 U.S.C. 3831(f)) is amended—
(1) in paragraph (1), by striking ‘‘watershed areas of the
Chesapeake Bay Region, the Great Lakes Region, the Long
Island Sound Region, and other’’;
(2) in paragraph (2), by striking ‘‘WATERSHEDS.—Watersheds’’ and inserting ‘‘AREAS.—Areas’’; and
(3) in paragraph (3), by striking ‘‘a watershed’s designation—’’ and all that follows through the period at the end
and inserting ‘‘an area’s designation if the Secretary finds that
the area no longer contains actual and significant adverse
water quality or habitat impacts related to agricultural production activities.’’.
SEC. 2002. FARMABLE WETLAND PROGRAM.

(a) EXTENSION.—Section 1231B(a)(1) of the Food Security Act
of 1985 (16 U.S.C. 3831b(a)(1)) is amended—
(1) by striking ‘‘2012’’ and inserting ‘‘2018’’; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 715

(2) by striking ‘‘a program’’ and inserting ‘‘a farmable wetland program’’.
(b) ELIGIBLE ACREAGE.—Section 1231B(b)(1)(B) of the Food
Security Act of 1985 (16 U.S.C. 3831b(b)(1)(B)) is amended by
striking ‘‘flow from a row crop agriculture drainage system’’ and
inserting ‘‘surface and subsurface flow from row crop agricultural
production’’.
(c) ACREAGE LIMITATION.—Section 1231B(c)(1)(B) of the Food
Security Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) is amended by
striking ‘‘1,000,000’’ and inserting ‘‘750,000’’.
(d) CLERICAL AMENDMENTS.—Section 1231B of the Food Security Act of 1985 (16 U.S.C. 3831b) is amended—
(1) by striking the heading and inserting the following:
‘‘FARMABLE WETLAND PROGRAM’’; and
(2) in subsection (f)(2), by striking ‘‘section 1234(c)(2)(B)’’
and inserting ‘‘section 1234(d)(2)(A)(ii)’’.
SEC. 2003. DUTIES OF OWNERS AND OPERATORS.

(a) LIMITATION ON HARVESTING, GRAZING, OR COMMERCIAL USE
FORAGE.—Section 1232(a)(8) of the Food Security Act of 1985
(16 U.S.C. 3832(a)(8)) is amended by striking ‘‘except that’’ and
all that follows through the semicolon at the end of the paragraph
and inserting ‘‘except as provided in subsection (b) or (c) of section
1233;’’.
(b) CONSERVATION PLAN REQUIREMENTS.—Subsection (b) of section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is
amended to read as follows:
‘‘(b) CONSERVATION PLANS.—The plan referred to in subsection
(a)(1) shall set forth—
‘‘(1) the conservation measures and practices to be carried
out by the owner or operator during the term of the contract;
and
‘‘(2) the commercial use, if any, to be permitted on the
land during the term.’’.
(c) RENTAL PAYMENT REDUCTION.—Section 1232 of the Food
Security Act of 1985 (16 U.S.C. 3832) is amended by striking
subsection (d).
OF

SEC. 2004. DUTIES OF THE SECRETARY.

Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833)
is amended to read as follows:

‘‘SEC. 1233. DUTIES OF THE SECRETARY.

‘‘(a) COST-SHARE AND RENTAL PAYMENTS.—In return for a contract entered into by an owner or operator under the conservation
reserve program, the Secretary shall—
‘‘(1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the
Secretary determines that cost sharing is appropriate and in
the public interest; and
‘‘(2) for a period of years not in excess of the term of
the contract, pay an annual rental payment in an amount
necessary to compensate for—
‘‘(A) the conversion of highly erodible cropland or other
eligible lands normally devoted to the production of an
agricultural commodity on a farm or ranch to a less intensive use;

128 STAT. 716

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(B) the retirement of any base history that the owner
or operator agrees to retire permanently; and
‘‘(C) the development and management of grasslands
for multiple natural resource conservation benefits,
including to soil, water, air, and wildlife.
‘‘(b) SPECIFIED ACTIVITIES PERMITTED.—The Secretary shall
permit certain activities or commercial uses of land that is subject
to a contract under the conservation reserve program if those activities or uses are consistent with a plan approved by the Secretary
and include—
‘‘(1) harvesting, grazing, or other commercial use of the
forage in response to a drought, flooding, or other emergency,
without any reduction in the rental rate;
‘‘(2) consistent with the conservation of soil, water quality,
and wildlife habitat (including habitat during primary nesting
seasons for birds in the area), and in exchange for a reduction
of not less than 25 percent in the annual rental rate for the
acres covered by the authorized activity, managed harvesting
and other commercial use (including the managed harvesting
of biomass), except that in permitting those activities, the Secretary, in coordination with the State technical committee—
‘‘(A) shall develop appropriate vegetation management
requirements; and
‘‘(B) shall identify periods during which the activities
may be conducted, such that the frequency is at least
every 5 but not more than once every 3 years;
‘‘(3) subject to appropriate restrictions during the nesting
season for birds in the local area that are economically significant, in significant decline, or conserved in accordance with
Federal or State law, as determined by the Secretary in consultation with the State technical committee, and in exchange
for a reduction of not less than 25 percent in the annual
rental rate for the acres covered by the authorized activity—
‘‘(A) prescribed grazing for the control of invasive species, which may be conducted annually;
‘‘(B) routine grazing, except that in permitting such
routine grazing, the Secretary, in coordination with the
State technical committee—
‘‘(i) shall develop appropriate vegetation management requirements and stocking rates for the land
that are suitable for continued routine grazing; and
‘‘(ii) shall identify the periods during which routine
grazing may be conducted, such that the frequency
is not more than once every 2 years, taking into consideration regional differences such as—
‘‘(I) climate, soil type, and natural resources;
‘‘(II) the number of years that should be
required between routine grazing activities; and
‘‘(III) how often during a year in which routine
grazing is permitted that routine grazing should
be allowed to occur; and
‘‘(C) the installation of wind turbines and associated
access, except that in permitting the installation of wind
turbines, the Secretary shall determine the number and
location of wind turbines that may be installed, taking
into account—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 717

‘‘(i) the location, size, and other physical characteristics of the land;
‘‘(ii) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and
‘‘(iii) the purposes of the conservation reserve program under this subchapter;
‘‘(4) the intermittent and seasonal use of vegetative buffer
practices incidental to agricultural production on lands adjacent
to the buffer such that the permitted use does not destroy
the permanent vegetative cover; and
‘‘(5) grazing by livestock of a beginning farmer or rancher
without any reduction in the rental rate, if the grazing is—
‘‘(A) consistent with the conservation of soil, water
quality, and wildlife habitat;
‘‘(B) subject to appropriate restrictions during the
nesting season for birds in the local area that are economically significant, in significant decline, or conserved in
accordance with Federal or State law, as determined by
the Secretary in consultation with the State technical committee; and
‘‘(C) described in subparagraph (A) or (B) of paragraph
(3).
‘‘(c) AUTHORIZED ACTIVITIES ON GRASSLANDS.—For eligible land
described in section 1231(b)(3), the Secretary shall permit the following activities:
‘‘(1) Common grazing practices, including maintenance and
necessary cultural practices, on the land in a manner that
is consistent with maintaining the viability of grassland, forb,
and shrub species appropriate to that locality.
‘‘(2) Haying, mowing, or harvesting for seed production,
subject to appropriate restrictions during the nesting season
for birds in the local area that are economically significant,
in significant decline, or conserved in accordance with Federal
or State law, as determined by the Secretary in consultation
with the State technical committee.
‘‘(3) Fire presuppression, fire-related rehabilitation, and
construction of fire breaks.
‘‘(4) Grazing-related activities, such as fencing and livestock
watering.
‘‘(d) RESOURCE CONSERVING USE.—
‘‘(1) IN GENERAL.—Beginning on the date that is 1 year
before the date of termination of a contract under the program,
the Secretary shall allow an owner or operator to make conservation and land improvements for economic use that facilitate maintaining protection of enrolled land after expiration
of the contract.
‘‘(2) CONSERVATION PLAN.—The Secretary shall require an
owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan.
‘‘(3) RE-ENROLLMENT PROHIBITED.—Land improved under
paragraph (1) may not be re-enrolled in the conservation reserve
program for 5 years after the date of termination of the contract.
‘‘(4) PAYMENT REDUCTION.—In the case of an activity carried out under paragraph (1), the Secretary shall reduce the
payment otherwise payable under the contract by an amount
commensurate with the economic value of the activity.’’.

128 STAT. 718
16 USC 3834.

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 2005. PAYMENTS.

(a) TREES, WINDBREAKS, SHELTERBELTS, AND WILDLIFE CORRIDORS.—Section 1234(b)(3)(A) of the Food Security Act of 1985

(16 U.S.C. 3834(b)(3)(A)) is amended to read as follows:
‘‘(A) APPLICABILITY.—This paragraph applies to land
devoted to the production of hardwood trees, windbreaks,
shelterbelts, or wildlife corridors under a contract entered
into under this subchapter after November 28, 1990.’’.
(b) INCENTIVES FOR THINNING.—Section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) is amended—
(1) in subsection (b)—
(A) in the heading, by striking ‘‘FEDERAL PERCENTAGE
OF’’; and
(B) in paragraph (3)(B)—
(i) in clause (i), by striking ‘‘or thinning’’; and
(ii) by amending clause (ii) to read as follows:
‘‘(ii) DURATION.—The Secretary shall make payments as described in clause (i) for a period of not
less than 2 years, but not more than 4 years, beginning
on the date of the planting of the trees or shrubs.’’;
(2) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and
(3) by inserting after subsection (b) the following:
‘‘(c) INCENTIVE PAYMENTS.—
‘‘(1) IN GENERAL.—The Secretary may make incentive payments to an owner or operator of eligible land in an amount
sufficient to encourage proper thinning and other practices
to improve the condition of resources, promote forest management, or enhance wildlife habitat on the land.
‘‘(2) LIMITATION.—A payment described in paragraph (1)
may not exceed 150 percent of the total cost of thinning and
other practices conducted by the owner or operator.’’.
(c) ANNUAL RENTAL PAYMENTS.—Section 1234(d) of the Food
Security Act of 1985 (as redesignated by subsection (b)(2)) is
amended—
(1) in paragraph (1), by inserting ‘‘or other eligible lands’’
after ‘‘highly erodible cropland’’ both places it appears;
(2) by striking paragraph (2) and inserting the following
new paragraph:
‘‘(2) METHODS OF DETERMINATION.—
‘‘(A) IN GENERAL.—The amounts payable to owners or
operators in the form of rental payments under contracts
entered into under this subchapter may be determined
through—
‘‘(i) the submission of bids for such contracts by
owners and operators in such manner as the Secretary
may prescribe; or
‘‘(ii) such other means as the Secretary determines
are appropriate.
‘‘(B) GRASSLANDS.—In the case of eligible land
described in section 1231(b)(3), the Secretary shall make
annual payments in an amount that is not more than
75 percent of the grazing value of the land covered by
the contract.’’; and
(3) in paragraph (5)—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 719

(A) in subparagraph (A), by striking ‘‘conduct an
annual survey’’ and inserting ‘‘, not less frequently than
once every other year, conduct a survey’’;
(B) in subparagraph (B), by striking ‘‘annual’’; and
(C) by adding at the end the following:
‘‘(C) USE.—The Secretary may use the estimates
derived from the survey conducted under subparagraph
(A) relating to dryland cash rental rates as a factor in
determining rental rates under this section in a manner
determined appropriate by the Secretary.’’.
(d) PAYMENT SCHEDULE.—Subsection (e) of section 1234 of the
Food Security Act of 1985 (as redesignated by subsection (b)(2))
is amended to read as follows:
‘‘(e) PAYMENT SCHEDULE.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
section, payments under this subchapter shall be made in cash
in such amount and on such time schedule as is agreed on
and specified in the contract.
‘‘(2) ADVANCE PAYMENT.—Payments under this subchapter
may be made in advance of determination of performance.’’.
(e) PAYMENT LIMITATION.—Section 1234(g) of the Food Security
Act of 1985 (as redesignated by subsection (b)(2)) is amended—
(1) in paragraph (1), by striking ‘‘, including rental payments made in the form of in-kind commodities,’’;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 2006. CONTRACT REQUIREMENTS.

(a) EARLY TERMINATION BY OWNER OR OPERATOR.—Section
1235(e) of the Food Security Act of 1985 (16 U.S.C. 3835(e)) is
amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘The Secretary’’ and inserting ‘‘During
fiscal year 2015, the Secretary’’; and
(B) by striking ‘‘before January 1, 1995,’’;
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
‘‘(C) Land devoted to hardwood trees.
‘‘(D) Wildlife habitat, duck nesting habitat, pollinator
habitat, upland bird habitat buffer, wildlife food plots, State
acres for wildlife enhancement, shallow water areas for
wildlife, and rare and declining habitat.
‘‘(E) Farmable wetland and restored wetland.
‘‘(F) Land that contains diversions, erosion control
structures, flood control structures, contour grass strips,
living snow fences, salinity reducing vegetation, cross wind
trap strips, and sediment retention structures.
‘‘(G) Land located within a federally designated wellhead protection area.
‘‘(H) Land that is covered by an easement under the
conservation reserve program.
‘‘(I) Land located within an average width, according
to the applicable Natural Resources Conservation Service
field office technical guide, of a perennial stream or permanent water body.
‘‘(J) Land enrolled under the conservation reserve
enhancement program.’’; and

128 STAT. 720

PUBLIC LAW 113–79—FEB. 7, 2014

(3) in paragraph (3), by striking ‘‘60 days after the date
on which the owner or operator submits the notice required
under paragraph (1)(C)’’ and inserting ‘‘upon approval by the
Secretary’’.
(b) 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)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘DUTIES’’ and all that follows through ‘‘a beginning
farmer or rancher or’’ and inserting ‘‘TRANSITION TO COVERED FARMER OR RANCHER.—In the case of a contract modification approved in order to facilitate the transfer of land
subject to a contract from a retired farmer or rancher
to a beginning farmer or rancher, a veteran farmer or
rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))), or a’’;
(B) in subparagraph (A)(i), by inserting ‘‘, including
preparing to plant an agricultural crop’’ after ‘‘improvements’’;
(C) in subparagraph (D), by striking ‘‘the farmer or
rancher’’ and inserting ‘‘the covered farmer or rancher’’;
and
(D) in subparagraph (E), by striking ‘‘section
1001A(b)(3)(B)’’ and inserting ‘‘section 1001’’; and
(2) in paragraph (2), by striking ‘‘requirement of section
1231(h)(4)(B)’’ and inserting ‘‘option pursuant to section
1234(d)(2)(A)(ii)’’.
(c) FINAL YEAR CONTRACT.—Section 1235 of the Food Security
Act of 1985 (16 U.S.C. 3835) is amended by adding at the end
the following new subsections:
‘‘(g) FINAL YEAR OF CONTRACT.—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 land is enrolled in the conservation stewardship program;
and
‘‘(2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with
this subchapter.
‘‘(h) LAND ENROLLED IN AGRICULTURAL CONSERVATION EASEMENT PROGRAM.—The Secretary may terminate or modify a contract
entered into under this subchapter if eligible land that is subject
to such contract is transferred into the agricultural conservation
easement program under subtitle H.’’.
SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER
CONSERVING USES.

16 USC 3831
note.

Section 1235A of the Food Security Act of 1985 (16 U.S.C.
3835a) is repealed.

SEC. 2008. EFFECT ON EXISTING CONTRACTS.

(a) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this subtitle shall not affect the validity
or terms of any contract entered into by the Secretary of Agriculture
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.) before the

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 721

date of enactment of the Agricultural Act of 2014, or any payments
required to be made in connection with the contract.
(b) UPDATING OF EXISTING CONTRACTS.—The Secretary shall
permit an owner or operator of land subject to a contract entered
into 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.) before
the date of enactment of the Agricultural Act of 2014, to update
the contract to reflect the activities and uses of land under contract
permitted under the terms and conditions of section 1233(b) of
that Act (as amended by section 2004), as determined appropriate
by the Secretary.

Subtitle B—Conservation Stewardship
Program
SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM.

(a) REVISION OF CURRENT 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 to read as follows:
‘‘Subchapter B—Conservation Stewardship Program
‘‘SEC. 1238D. DEFINITIONS.

‘‘In this subchapter:
‘‘(1) AGRICULTURAL OPERATION.—The term ‘agricultural
operation’ means all eligible land, whether or not contiguous,
that is—
‘‘(A) under the effective control of a producer at the
time the producer enters into a contract under the program;
and
‘‘(B) operated with equipment, labor, management, and
production or cultivation practices that are substantially
separate from other agricultural operations, as determined
by the Secretary.
‘‘(2) CONSERVATION ACTIVITIES.—
‘‘(A) IN GENERAL.—The term ‘conservation activities’
means conservation systems, practices, or management
measures.
‘‘(B) INCLUSIONS.—The term ‘conservation activities’
includes—
‘‘(i) structural measures, vegetative measures, and
land management measures, including agriculture
drainage management systems, as determined by the
Secretary; and
‘‘(ii) planning needed to address a priority resource
concern.
‘‘(3) CONSERVATION STEWARDSHIP PLAN.—The term ‘conservation stewardship plan’ means a plan that—
‘‘(A) identifies and inventories priority resource concerns;
‘‘(B) establishes benchmark data and conservation
objectives;
‘‘(C) describes conservation activities to be implemented, managed, or improved; and

16 USC 3838d.

128 STAT. 722

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(D) includes a schedule and evaluation plan for the
planning, installation, and management of the new and
existing conservation activities.
‘‘(4) ELIGIBLE LAND.—
‘‘(A) IN GENERAL.—The term ‘eligible land’ means—
‘‘(i) private or tribal land on which agricultural
commodities, livestock, or forest-related products are
produced; and
‘‘(ii) lands associated with the land described in
clause (i) on which priority resource concerns could
be addressed through a contract under the program.
‘‘(B) INCLUSIONS.—The term ‘eligible land’ includes—
‘‘(i) cropland;
‘‘(ii) grassland;
‘‘(iii) rangeland;
‘‘(iv) pasture land;
‘‘(v) nonindustrial private forest land; and
‘‘(vi) other land in agricultural areas (including
cropped woodland, marshes, and agricultural land used
or capable of being used for the production of livestock),
as determined by the Secretary.
‘‘(5) 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;
‘‘(B) represents a significant concern in a State or
region; and
‘‘(C) is likely to be addressed successfully through the
implementation of conservation activities under this program.
‘‘(6) PROGRAM.—The term ‘program’ means the conservation
stewardship program established by this subchapter.
‘‘(7) STEWARDSHIP THRESHOLD.—The term ‘stewardship
threshold’ means the level of management required, as determined by the Secretary, to conserve and improve the quality
and condition of a natural resource.

16 USC 3838e.

‘‘SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM.

‘‘(a) ESTABLISHMENT AND PURPOSE.—During each of fiscal years
2014 through 2018, the Secretary shall carry out a conservation
stewardship program to encourage producers to address priority
resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner—
‘‘(1) by undertaking additional conservation activities; and
‘‘(2) by improving, maintaining, and managing existing conservation activities.
‘‘(b) EXCLUSIONS.—
‘‘(1) LAND ENROLLED IN OTHER CONSERVATION PROGRAMS.—
Subject to paragraph (2), the following land (even if covered
by the definition of eligible land) is not eligible for enrollment
in the program:
‘‘(A) Land enrolled in the conservation reserve program,
unless—
‘‘(i) the conservation reserve contract will expire
at the end of the fiscal year in which the land is
to be enrolled in the program; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 723

‘‘(ii) conservation reserve program payments for
land enrolled in the program cease before the first
program payment is made to the applicant under this
subchapter.
‘‘(B) Land enrolled in a wetland reserve easement
through the agricultural conservation easement program.
‘‘(C) Land enrolled in the conservation security program.
‘‘(2) CONVERSION TO CROPLAND.—Eligible land used for crop
production after the date of enactment of the Agricultural Act
of 2014, that had not been planted, considered to be planted,
or devoted to crop production for at least 4 of the 6 years
preceding that date shall not be the basis for any payment
under the program, unless the land does not meet such requirement because—
‘‘(A) the land had previously been enrolled in the conservation reserve program;
‘‘(B) the land has been maintained using long-term
crop rotation practices, as determined by the Secretary;
or
‘‘(C) the land is incidental land needed for efficient
operation of the farm or ranch, as determined by the Secretary.
‘‘SEC. 1238F. STEWARDSHIP CONTRACTS.

‘‘(a) SUBMISSION OF CONTRACT OFFERS.—To be eligible to
participate in the conservation stewardship program, a producer
shall submit to the Secretary a contract offer for the agricultural
operation that—
‘‘(1) demonstrates to the satisfaction of the Secretary that
the producer, at the time of the contract offer, meets or exceeds
the stewardship threshold for at least 2 priority resource concerns; and
‘‘(2) would, at a minimum, meet or exceed the stewardship
threshold for at least 1 additional priority resource concern
by the end of the stewardship contract by—
‘‘(A) installing and adopting additional conservation
activities; and
‘‘(B) improving, maintaining, and managing existing
conservation activities across the entire agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is
accepted by the Secretary.
‘‘(b) EVALUATION OF CONTRACT OFFERS.—
‘‘(1) RANKING OF APPLICATIONS.—In evaluating contract
offers submitted under subsection (a), the Secretary shall rank
applications based on—
‘‘(A) the level of conservation treatment on all
applicable priority resource concerns at the time of application;
‘‘(B) the degree to which the proposed conservation
activities effectively increase conservation performance;
‘‘(C) the number of applicable priority resource concerns
proposed to be treated to meet or exceed the stewardship
threshold by the end of the contract;

16 USC 3838f.

128 STAT. 724

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(D) the extent to which other priority resource concerns will be addressed to meet or exceed the stewardship
threshold by the end of the contract period;
‘‘(E) the extent to which the actual and anticipated
conservation benefits from the contract are provided at
the least cost relative to other similarly beneficial contract
offers; and
‘‘(F) the extent to which priority resource concerns
will be addressed when transitioning from the conservation
reserve program to agricultural production.
‘‘(2) PROHIBITION.—The Secretary may not assign a higher
priority to any application because the applicant is willing
to accept a lower payment than the applicant would otherwise
be eligible to receive.
‘‘(3) ADDITIONAL CRITERIA.—The Secretary may develop and
use such additional criteria that the Secretary determines are
necessary to ensure that national, State, and local priority
resource concerns are effectively addressed.
‘‘(c) ENTERING INTO CONTRACTS.—After a determination that
a producer is eligible for the program under subsection (a), and
a determination that the contract offer ranks sufficiently high under
the evaluation criteria under subsection (b), the Secretary shall
enter into a conservation stewardship contract with the producer
to enroll the eligible land to be covered by the contract.
‘‘(d) CONTRACT PROVISIONS.—
‘‘(1) TERM.—A conservation stewardship contract shall be
for a term of 5 years.
‘‘(2) REQUIRED PROVISIONS.—The conservation stewardship
contract of a producer shall—
‘‘(A) state the amount of the payment the Secretary
agrees to make to the producer for each year of the conservation stewardship contract under section 1238G(d);
‘‘(B) require the producer—
‘‘(i) to implement a conservation stewardship plan
that describes the program purposes to be achieved
through 1 or more conservation activities;
‘‘(ii) to maintain and supply information as
required by the Secretary to determine compliance with
the conservation stewardship plan and any other
requirements of the program; and
‘‘(iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes
of the program;
‘‘(C) permit all economic uses of the eligible land that—
‘‘(i) maintain the agricultural nature of the land;
and
‘‘(ii) are consistent with the conservation purposes
of the conservation stewardship contract;
‘‘(D) include a provision to ensure that a producer
shall not be considered in violation of the contract for
failure to comply with the contract due to circumstances
beyond the control of the producer, including a disaster
or related condition, as determined by the Secretary;
‘‘(E) include provisions requiring that upon the violation of a term or condition of the contract at any time
the producer has control of the land—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 725

‘‘(i) if the Secretary determines that the violation
warrants termination of the contract—
‘‘(I) the producer shall forfeit all rights to
receive payments under the contract; and
‘‘(II) the producer shall refund all or a portion
of the payments received by the producer under
the contract, including any interest on the payments, as determined by the Secretary; or
‘‘(ii) if the Secretary determines that the violation
does not warrant termination of the contract, the producer shall refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate;
‘‘(F) include provisions in accordance with paragraphs
(3) and (4); and
‘‘(G) include any additional provisions the Secretary
determines are necessary to carry out the program.
‘‘(3) CHANGE OF INTEREST IN LAND SUBJECT TO A CONTRACT.—
‘‘(A) IN GENERAL.—At the time of application, a producer shall have control of the eligible land to be enrolled
in the program. Except as provided in subparagraph (B),
a change in the interest of a producer in eligible land
covered by a contract under the program shall result in
the termination of the contract with regard to that land.
‘‘(B) TRANSFER OF DUTIES AND RIGHTS.—Subparagraph
(A) shall not apply if—
‘‘(i) within a reasonable period of time (as determined by the Secretary) after the date of the change
in the interest in eligible land covered by a contract
under the program, the transferee of the land provides
written notice to the Secretary that all duties and
rights under the contract have been transferred to,
and assumed by, the transferee for the portion of the
land transferred;
‘‘(ii) the transferee meets the eligibility requirements of the program; and
‘‘(iii) the Secretary approves the transfer of all
duties and rights under the contract.
‘‘(4) MODIFICATION AND TERMINATION OF CONTRACTS.—
‘‘(A) VOLUNTARY MODIFICATION OR TERMINATION.—The
Secretary may modify or terminate a contract with a producer if—
‘‘(i) the producer agrees to the modification or
termination; and
‘‘(ii) the Secretary determines that the modification
or termination is in the public interest.
‘‘(B) INVOLUNTARY TERMINATION.—The Secretary may
terminate a contract if the Secretary determines that the
producer violated the contract.
‘‘(5) REPAYMENT.—If a contract is terminated, the Secretary
may, consistent with the purposes of the program—
‘‘(A) allow the producer to retain payments already
received under the contract; or
‘‘(B) require repayment, in whole or in part, of payments received and assess liquidated damages.

128 STAT. 726

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(e) CONTRACT RENEWAL.—At the end of the initial 5-year contract period, the Secretary may allow the producer to renew the
contract for 1 additional 5-year period if the producer—
‘‘(1) demonstrates compliance with the terms of the initial
contract;
‘‘(2) agrees to adopt and continue to integrate conservation
activities across the entire agricultural operation, as determined
by the Secretary; and
‘‘(3) agrees, by the end of the contract period—
‘‘(A) to meet the stewardship threshold of at least
2 additional priority resource concerns on the agricultural
operation; or
‘‘(B) to exceed the stewardship threshold of 2 existing
priority resource concerns that are specified by the Secretary in the initial contract.
16 USC 3838g.

‘‘SEC. 1238G. DUTIES OF THE SECRETARY.

‘‘(a) IN GENERAL.—To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary
shall—
‘‘(1) make the program available to eligible producers on
a continuous enrollment basis with 1 or more ranking periods,
1 of which shall occur in the first quarter of each fiscal year;
‘‘(2) identify not less than 5 priority resource concerns
in a particular watershed or other appropriate region or area
within a State; and
‘‘(3) establish a science-based stewardship threshold for
each priority resource concern identified under paragraph (2).
‘‘(b) ALLOCATION TO STATES.—The Secretary shall allocate acres
to States for enrollment, based—
‘‘(1) primarily on each State’s proportion of eligible land
to the total acreage of eligible land in all States; and
‘‘(2) also on consideration of—
‘‘(A) the extent and magnitude of the conservation
needs associated with agricultural production in each State;
‘‘(B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and
‘‘(C) other considerations to achieve equitable
geographic distribution of funds, as determined by the Secretary.
‘‘(c) ACREAGE ENROLLMENT LIMITATION.—During the period
beginning on the date of enactment of the Agricultural Act of
2014, and ending on September 30, 2022, the Secretary shall, to
the maximum extent practicable—
‘‘(1) enroll in the program an additional 10,000,000 acres
for each fiscal year; and
‘‘(2) manage the program to achieve a national average
rate of $18 per acre, which shall include the costs of all financial
assistance, technical assistance, and any other expenses associated with enrollment or participation in the program.
‘‘(d) CONSERVATION STEWARDSHIP PAYMENTS.—
‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary shall provide annual payments under the program to compensate the
producer for—
‘‘(A) installing and adopting additional conservation
activities; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 727

‘‘(B) improving, maintaining, and managing conservation activities in place at the agricultural operation of
the producer at the time the contract offer is accepted
by the Secretary.
‘‘(2) PAYMENT AMOUNT.—The amount of the annual payment shall be determined by the Secretary and based, to the
maximum extent practicable, on the following factors:
‘‘(A) Costs incurred by the producer associated with
planning, design, materials, installation, labor, management, maintenance, or training.
‘‘(B) Income forgone by the producer.
‘‘(C) Expected conservation benefits.
‘‘(D) The extent to which priority resource concerns
will be addressed through the installation and adoption
of conservation activities on the agricultural operation.
‘‘(E) The level of stewardship in place at the time
of application and maintained over the term of the contract.
‘‘(F) The degree to which the conservation activities
will be integrated across the entire agricultural operation
for all applicable priority resource concerns over the term
of the contract.
‘‘(G) Such other factors as are determined appropriate
by the Secretary.
‘‘(3) EXCLUSIONS.—A payment to a producer under this
subsection shall not be provided for—
‘‘(A) the design, construction, or maintenance of animal
waste storage or treatment facilities or associated waste
transport or transfer devices for animal feeding operations;
or
‘‘(B) conservation activities for which there is no cost
incurred or income forgone to the producer.
‘‘(4) DELIVERY OF PAYMENTS.—In making payments under
this subsection, the Secretary shall, to the extent practicable—
‘‘(A) prorate conservation performance over the term
of the contract so as to accommodate, to the extent practicable, producers earning equal annual payments in each
fiscal year; and
‘‘(B) make such payments as soon as practicable after
October 1 of each fiscal year for activities carried out in
the previous fiscal year.
‘‘(e) SUPPLEMENTAL PAYMENTS FOR RESOURCE-CONSERVING
CROP ROTATIONS.—
‘‘(1) AVAILABILITY OF PAYMENTS.—The Secretary shall provide additional payments to producers that, in participating
in the program, agree to adopt or improve resource-conserving
crop rotations to achieve beneficial crop rotations as appropriate
for the eligible land of the producers.
‘‘(2) BENEFICIAL CROP ROTATIONS.—The Secretary shall
determine whether a resource-conserving crop rotation is a
beneficial crop rotation eligible for additional payments under
paragraph (1) based on whether the resource-conserving crop
rotation is designed to provide natural resource conservation
and production benefits.
‘‘(3) ELIGIBILITY.—To be eligible to receive a payment
described in paragraph (1), a producer shall agree to adopt
and maintain beneficial resource-conserving crop rotations for
the term of the contract.

128 STAT. 728

16 USC 3838d
note.

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(4) RESOURCE-CONSERVING CROP ROTATION.—In this subsection, the term ‘resource-conserving crop rotation’ means a
crop rotation that—
‘‘(A) includes at least 1 resource-conserving crop (as
defined by the Secretary);
‘‘(B) reduces erosion;
‘‘(C) improves soil fertility and tilth;
‘‘(D) interrupts pest cycles; and
‘‘(E) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation.
‘‘(f) PAYMENT LIMITATIONS.—A person or legal entity may not
receive, directly or indirectly, payments under the program that,
in the aggregate, exceed $200,000 under all contracts entered into
during fiscal years 2014 through 2018, excluding funding arrangements with Indian tribes, regardless of the number of contracts
entered into under the program by the person or legal entity.
‘‘(g) SPECIALTY CROP AND ORGANIC PRODUCERS.—The Secretary
shall ensure that outreach and technical assistance are available,
and program specifications are appropriate to enable specialty crop
and organic producers to participate in the program.
‘‘(h) COORDINATION WITH ORGANIC CERTIFICATION.—The Secretary shall establish a transparent means by which producers
may initiate organic certification under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while participating in
a contract under the program.
‘‘(i) REGULATIONS.—The Secretary shall promulgate regulations
that—
‘‘(1) prescribe such other rules as the Secretary determines
to be necessary to ensure a fair and reasonable application
of the limitations established under subsection (f); and
‘‘(2) otherwise enable the Secretary to carry out the program.’’.
(b) EFFECT ON EXISTING CONTRACTS.—
(1) IN GENERAL.—The amendment made by this section
shall not affect the validity or terms of any contract entered
into by the Secretary of Agriculture under subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) before the date of enactment
of the Agricultural Act of 2014, or any payments required
to be made in connection with the contract.
(2) CONSERVATION STEWARDSHIP PROGRAM.—Funds made
available under section 1241(a)(4) of the Food Security Act
of 1985 (16 U.S.C. 3841(a)(4)) (as amended by section 2601(a)
of this title) may be used to administer and make payments
to program participants that enrolled into contracts during
any of fiscal years 2009 through 2013.

Subtitle C—Environmental Quality
Incentives Program
SEC. 2201. PURPOSES.

Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa)
is amended—
(1) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 729

(B) by redesignating subparagraph (B) as subparagraph (C) and, in such subparagraph, by inserting ‘‘and’’
after the semicolon; and
(C) by inserting after subparagraph (A) the following
new subparagraph:
‘‘(B) developing and improving wildlife habitat; and’’;
(2) in paragraph (4), by striking ‘‘; and’’ and inserting
a period; and
(3) by striking paragraph (5).
SEC. 2202. DEFINITIONS.

Section 1240A of the Food Security Act of 1985 (16 U.S.C.
3839aa–1) is amended—
(1) by striking paragraph (2) and redesignating paragraphs
(3) through (6) as paragraphs (2) through (5), respectively;
and
(2) in paragraph (2) (as so redesignated), by inserting
‘‘established under the Organic Foods Production Act of 1990
(7 U.S.C. 6501 et seq.)’’ after ‘‘national organic program’’.

SEC. 2203. ESTABLISHMENT AND ADMINISTRATION.

Section 1240B of the Food Security Act of 1985 (16 U.S.C.
3839aa–2) is amended—
(1) in subsection (a), by striking ‘‘2014’’ and inserting
‘‘2018’’;
(2) in subsection (b), by striking paragraph (2) and inserting
the following new paragraph:
‘‘(2) TERM.—A contract under the program shall have a
term that does not exceed 10 years.’’;
(3) in subsection (d)—
(A) in paragraph (3), by striking subparagraphs (A)
through (G) and inserting the following:
‘‘(A) soil health;
‘‘(B) water quality and quantity improvement;
‘‘(C) nutrient management;
‘‘(D) pest management;
‘‘(E) air quality improvement;
‘‘(F) wildlife habitat development, including pollinator
habitat; or
‘‘(G) invasive species management.’’; and
(B) in paragraph (4)—
(i) in subparagraph (A), in the matter preceding
clause (i), by inserting ‘‘, a veteran farmer or rancher
(as defined in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))),’’ before ‘‘or a beginning farmer or rancher’’;
and
(ii) by striking subparagraph (B) and inserting
the following new subparagraph:
‘‘(B) ADVANCE PAYMENTS.—
‘‘(i) IN GENERAL.—Not more than 50 percent of
the amount determined under subparagraph (A) may
be provided in advance for the purpose of purchasing
materials or contracting.
‘‘(ii) RETURN OF FUNDS.—If funds provided in
advance are not expended during the 90-day period
beginning on the date of receipt of the funds, the

128 STAT. 730

PUBLIC LAW 113–79—FEB. 7, 2014
funds shall be returned within a reasonable timeframe,
as determined by the Secretary.’’;
(4) by striking subsection (f) and inserting the following
new subsection:
‘‘(f) ALLOCATION OF FUNDING.—
‘‘(1) LIVESTOCK.—For each of fiscal years 2014 through
2018, at least 60 percent of the funds made available for payments under the program shall be targeted at practices relating
to livestock production.
‘‘(2) WILDLIFE HABITAT.—For each of fiscal years 2014
through 2018, at least 5 percent of the funds made available
for payments under the program shall be targeted at practices
benefitting wildlife habitat under subsection (g).’’; and
(5) by striking subsection (g) and inserting the following
new subsection:
‘‘(g) WILDLIFE HABITAT INCENTIVE PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall provide payments
under the environmental quality incentives program for conservation practices that support the restoration, development,
protection, and improvement of wildlife habitat on eligible land,
including—
‘‘(A) upland wildlife habitat;
‘‘(B) wetland wildlife habitat;
‘‘(C) habitat for threatened and endangered species;
‘‘(D) fish habitat;
‘‘(E) habitat on pivot corners and other irregular areas
of a field; and
‘‘(F) other types of wildlife habitat, as determined by
the Secretary.
‘‘(2) STATE TECHNICAL COMMITTEE.—In determining the
practices eligible for payment under paragraph (1) and targeted
for funding under subsection (f), the Secretary shall consult
with the relevant State technical committee not less often than
once each year.’’.

SEC. 2204. EVALUATION OF APPLICATIONS.

Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C.
3839aa–3(b)) is amended—
(1) in paragraph (1), by striking ‘‘environmental’’ and
inserting ‘‘conservation’’; and
(2) in paragraph (3), by striking ‘‘purpose of the environmental quality incentives program specified in section 1240(1)’’
and inserting ‘‘purposes of the program’’.
SEC. 2205. DUTIES OF PRODUCERS.

Section 1240D(2) of the Food Security Act of 1985 (16 U.S.C.
3839aa–4(2)) is amended by striking ‘‘farm, ranch, or forest’’ and
inserting ‘‘enrolled’’.

SEC. 2206. LIMITATION ON PAYMENTS.

Section 1240G of the Food Security Act of 1985 (16 U.S.C.
3839aa–7) is amended to read as follows:

‘‘SEC. 1240G. LIMITATION ON PAYMENTS.

‘‘A person or legal entity may not receive, directly or indirectly,
cost-share or incentive payments under this chapter that, in aggregate, exceed $450,000 for all contracts entered into under this
chapter by the person or legal entity during the period of fiscal

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 731

years 2014 through 2018, regardless of the number of contracts
entered into under this chapter by the person or legal entity.’’.
SEC. 2207. CONSERVATION INNOVATION GRANTS AND PAYMENTS.

Section 1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa–8) is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
‘‘(E) facilitate on-farm conservation research and demonstration activities; and
‘‘(F) facilitate pilot testing of new technologies or
innovative conservation practices.’’;
(2) in subsection (b)(2)—
(A) by striking
‘‘$37,500,000’’
and
inserting
‘‘$25,000,000’’; and
(B) by striking ‘‘2012’’ and inserting ‘‘2018’’; and
(3) by adding at the end the following new subsection:
‘‘(c) REPORTING.—Not later than December 31, 2014, and every
two years thereafter, the Secretary shall submit to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report
on the status of projects funded under this section, including—
‘‘(1) funding awarded;
‘‘(2) project results; and
‘‘(3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts
implemented by the Secretary.’’.
SEC. 2208. EFFECT ON EXISTING CONTRACTS.

The amendments made by this subtitle shall not affect the
validity or terms of any contract entered into by the Secretary
of Agriculture under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) before the
date of enactment of the Agricultural Act of 2014, or any payments
required to be made in connection with the contract.

16 USC 3839aa
note.

Subtitle D—Agricultural Conservation
Easement Program
SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT PROGRAM.

(a) ESTABLISHMENT.—Title XII of the Food Security Act of 1985
is amended by adding at the end the following new subtitle:

‘‘Subtitle H—Agricultural Conservation
Easement Program
‘‘SEC. 1265. ESTABLISHMENT AND PURPOSES.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish an agricultural conservation easement program for the conservation of eligible

16 USC 3865.

128 STAT. 732

PUBLIC LAW 113–79—FEB. 7, 2014

land and natural resources through easements or other interests
in land.
‘‘(b) PURPOSES.—The purposes of the program are to—
‘‘(1) combine the purposes and coordinate the functions
of the wetlands reserve program established under section 1237,
the grassland reserve program established under section 1238N,
and the farmland protection program established under section
1238I, as such sections were in effect on the day before the
date of enactment of the Agricultural Act of 2014;
‘‘(2) restore, protect, and enhance wetlands on eligible land;
‘‘(3) protect the agricultural use and future viability, and
related conservation values, of eligible land by limiting nonagricultural uses of that land; and
‘‘(4) protect grazing uses and related conservation values
by restoring and conserving eligible land.
16 USC 3865a.

‘‘SEC. 1265A. DEFINITIONS.

‘‘In this subtitle:
‘‘(1) AGRICULTURAL LAND EASEMENT.—The term ‘agricultural land easement’ means an easement or other interest
in eligible land that—
‘‘(A) is conveyed for the purpose of protecting natural
resources and the agricultural nature of the land; and
‘‘(B) permits the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as approved by the Secretary.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) an agency of State or local government or an
Indian tribe (including a farmland protection board or land
resource council established under State law); or
‘‘(B) an organization that is—
‘‘(i) organized for, and at all times since the formation of the organization has been operated principally
for, 1 or more of the conservation purposes specified
in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A)
of the Internal Revenue Code of 1986;
‘‘(ii) an organization described in section 501(c)(3)
of that Code that is exempt from taxation under section
501(a) of that Code; or
‘‘(iii) described in—
‘‘(I) paragraph (1) or (2) of section 509(a) of
that Code; or
‘‘(II) section 509(a)(3) of that Code and is controlled by an organization described in section
509(a)(2) of that Code.
‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ means private
or tribal land that is—
‘‘(A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch—
‘‘(i) that is subject to a pending offer for purchase
of an agricultural land easement from an eligible
entity;
‘‘(ii)(I) that has prime, unique, or other productive
soil;
‘‘(II) that contains historical or archaeological
resources;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 733

‘‘(III) the enrollment of which would protect
grazing uses and related conservation values by
restoring and conserving land; or
‘‘(IV) the protection of which will further a State
or local policy consistent with the purposes of the program; and
‘‘(iii) that is—
‘‘(I) cropland;
‘‘(II) rangeland;
‘‘(III) grassland or land that contains forbs,
or shrubland for which grazing is the predominant
use;
‘‘(IV) located in an area that has been historically dominated by grassland, forbs, or shrubs and
could provide habitat for animal or plant populations of significant ecological value;
‘‘(V) pastureland; or
‘‘(VI) nonindustrial private forest land that
contributes to the economic viability of an offered
parcel or serves as a buffer to protect such land
from development;
‘‘(B) in the case of a wetland reserve easement, a
wetland or related area, including—
‘‘(i) farmed or converted wetlands, together with
adjacent land that is functionally dependent on that
land, if the Secretary determines it—
‘‘(I) is likely to be successfully restored in a
cost-effective manner; and
‘‘(II) will maximize the wildlife benefits and
wetland functions and values, as determined by
the Secretary in consultation with the Secretary
of the Interior at the local level;
‘‘(ii) cropland or grassland that was used for agricultural production prior to flooding from the natural
overflow of—
‘‘(I) a closed basin lake and adjacent land that
is functionally dependent upon it, if the State or
other entity is willing to provide 50 percent share
of the cost of an easement; or
‘‘(II) a pothole and adjacent land that is functionally dependent on it;
‘‘(iii) farmed wetlands and adjoining lands that—
‘‘(I) are enrolled in the conservation reserve
program;
‘‘(II) have the highest wetland functions and
values, as determined by the Secretary; and
‘‘(III) are likely to return to production after
they leave the conservation reserve program;
‘‘(iv) riparian areas that link wetlands that are
protected by easements or some other device that
achieves the same purpose as an easement; or
‘‘(v) other wetlands of an owner that would not
otherwise be eligible, if the Secretary determines that
the inclusion of such wetlands in a wetland reserve
easement would significantly add to the functional
value of the easement; or

128 STAT. 734

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(C) in the case of either an agricultural land easement
or a wetland reserve easement, other land that is incidental
to land described in subparagraph (A) or (B), if the Secretary determines that it is necessary for the efficient
administration of an easement under the program.
‘‘(4) PROGRAM.—The term ‘program’ means the agricultural
conservation easement program established by this subtitle.
‘‘(5) WETLAND RESERVE EASEMENT.—The term ‘wetland
reserve easement’ means a reserved interest in eligible land
that—
‘‘(A) is defined and delineated in a deed; and
‘‘(B) stipulates—
‘‘(i) the rights, title, and interests in land conveyed
to the Secretary; and
‘‘(ii) the rights, title, and interests in land that
are reserved to the landowner.

16 USC 3865b.

‘‘SEC. 1265B. AGRICULTURAL LAND EASEMENTS.

‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary shall facilitate and provide funding for—
‘‘(1) the purchase by eligible entities of agricultural land
easements in eligible land; and
‘‘(2) technical assistance to provide for the conservation
of natural resources pursuant to an agricultural land easement
plan.
‘‘(b) COST-SHARE ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall protect the agricultural use, including grazing, and related conservation values
of eligible land through cost-share assistance to eligible entities
for purchasing agricultural land easements.
‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.—
‘‘(A) FEDERAL SHARE.—An agreement described in paragraph (4) shall provide for a Federal share determined
by the Secretary of an amount not to exceed 50 percent
of the fair market value of the agricultural land easement,
as determined by the Secretary using—
‘‘(i) the Uniform Standards of Professional
Appraisal Practice;
‘‘(ii) an areawide market analysis or survey; or
‘‘(iii) another industry-approved method.
‘‘(B) NON-FEDERAL SHARE.—
‘‘(i) IN GENERAL.—Under the agreement, the
eligible entity shall provide a share that is at least
equivalent to that provided by the Secretary.
‘‘(ii) SOURCE OF CONTRIBUTION.—An eligible entity
may include as part of its share under clause (i) a
charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the private landowner if the
eligible entity contributes its own cash resources in
an amount that is at least 50 percent of the amount
contributed by the Secretary.
‘‘(C) EXCEPTION.—
‘‘(i) GRASSLANDS.—In the case of grassland of special environmental significance, as determined by the
Secretary, the Secretary may provide an amount not

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 735

to exceed 75 percent of the fair market value of the
agricultural land easement.
‘‘(ii) CASH CONTRIBUTION.—For purposes of
subparagraph (B)(ii), the Secretary may waive any portion of the eligible entity cash contribution requirement
for projects of special significance, subject to an
increase in the private landowner donation that is
equal to the amount of the waiver, if the donation
is voluntary and the property is in active agricultural
production.
‘‘(3) EVALUATION AND RANKING OF APPLICATIONS.—
‘‘(A) CRITERIA.—The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal
investment under the program.
‘‘(B) CONSIDERATIONS.—In establishing the criteria, the
Secretary shall emphasize support for—
‘‘(i) protecting agricultural uses and related conservation values of the land; and
‘‘(ii) maximizing the protection of areas devoted
to agricultural use.
‘‘(C) BIDDING DOWN.—If the Secretary determines that
2 or more applications for cost-share assistance are comparable in achieving the purpose of the program, the Secretary shall not assign a higher priority to any of those
applications solely on the basis of lesser cost to the program.
‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.—
‘‘(A) IN GENERAL.—The Secretary shall enter into agreements with eligible entities to stipulate the terms and
conditions under which the eligible entity is permitted to
use cost-share assistance provided under this section.
‘‘(B) LENGTH OF AGREEMENTS.—An agreement shall be
for a term that is—
‘‘(i) in the case of an eligible entity certified under
the process described in paragraph (5), a minimum
of five years; and
‘‘(ii) for all other eligible entities, at least three,
but not more than five years.
‘‘(C) MINIMUM TERMS AND CONDITIONS.—An eligible
entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions—
‘‘(i) are consistent with the purposes of the program;
‘‘(ii) permit effective enforcement of the conservation purposes of such easements;
‘‘(iii) include a right of enforcement for the Secretary, that may be used only if the terms of the
easement are not enforced by the holder of the easement;
‘‘(iv) subject the land in which an interest is purchased to an agricultural land easement plan that—
‘‘(I) describes the activities which promote the
long-term viability of the land to meet the purposes
for which the easement was acquired;
‘‘(II) requires the management of grasslands
according to a grasslands management plan; and

128 STAT. 736

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(III) includes a conservation plan, where
appropriate, and requires, at the option of the
Secretary, the conversion of highly erodible cropland to less intensive uses; and
‘‘(v) include a limit on the impervious surfaces
to be allowed that is consistent with the agricultural
activities to be conducted.
‘‘(D) SUBSTITUTION OF QUALIFIED PROJECTS.—An agreement shall allow, upon mutual agreement of the parties,
substitution of qualified projects that are identified at the
time of the proposed substitution.
‘‘(E) EFFECT OF VIOLATION.—If a violation occurs of
a term or condition of an agreement under this subsection—
‘‘(i) the Secretary may terminate the agreement;
and
‘‘(ii) the Secretary may require the eligible entity
to refund all or part of any payments received by
the entity under the program, with interest on the
payments as determined appropriate by the Secretary.
‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.—
‘‘(A) CERTIFICATION PROCESS.—The Secretary shall
establish a process under which the Secretary may—
‘‘(i) directly certify eligible entities that meet established criteria;
‘‘(ii) enter into long-term agreements with certified
eligible entities; and
‘‘(iii) accept proposals for cost-share assistance for
the purchase of agricultural land easements throughout the duration of such agreements.
‘‘(B) CERTIFICATION CRITERIA.—In order to be certified,
an eligible entity shall demonstrate to the Secretary that
the entity will maintain, at a minimum, for the duration
of the agreement—
‘‘(i) a plan for administering easements that is
consistent with the purpose of the program;
‘‘(ii) the capacity and resources to monitor and
enforce agricultural land easements; and
‘‘(iii) policies and procedures to ensure—
‘‘(I) the long-term integrity of agricultural land
easements on eligible land;
‘‘(II) timely completion of acquisitions of such
easements; and
‘‘(III) timely and complete evaluation and
reporting to the Secretary on the use of funds
provided under the program.
‘‘(C) REVIEW AND REVISION.—
‘‘(i) REVIEW.—The Secretary shall conduct a review
of eligible entities certified under subparagraph (A)
every three years to ensure that such entities are
meeting the criteria established under subparagraph
(B).
‘‘(ii) REVOCATION.—If the Secretary finds that a
certified eligible entity no longer meets the criteria
established under subparagraph (B), the Secretary
may—
‘‘(I) allow the certified eligible entity a specified period of time, at a minimum 180 days, in

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 737

which to take such actions as may be necessary
to meet the criteria; and
‘‘(II) revoke the certification of the eligible
entity, if, after the specified period of time, the
certified eligible entity does not meet such criteria.
‘‘(c) METHOD OF ENROLLMENT.—The Secretary shall enroll
eligible land under this section through the use of—
‘‘(1) permanent easements; or
‘‘(2) easements for the maximum duration allowed under
applicable State laws.
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance, if requested, to assist in—
‘‘(1) compliance with the terms and conditions of easements;
and
‘‘(2) implementation of an agricultural land easement plan.
‘‘SEC. 1265C. WETLAND RESERVE EASEMENTS.

‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary shall provide
assistance to owners of eligible land to restore, protect, and enhance
wetlands through—
‘‘(1) wetland reserve easements and related wetland reserve
easement plans; and
‘‘(2) technical assistance.
‘‘(b) EASEMENTS.—
‘‘(1) METHOD OF ENROLLMENT.—The Secretary shall enroll
eligible land under this section through the use of—
‘‘(A) 30-year easements;
‘‘(B) permanent easements;
‘‘(C) easements for the maximum duration allowed
under applicable State laws; or
‘‘(D) as an option for Indian tribes only, 30-year contracts.
‘‘(2) LIMITATIONS.—
‘‘(A) INELIGIBLE LAND.—The Secretary may not acquire
easements on—
‘‘(i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of
this section; and
‘‘(ii) farmed wetlands or converted wetlands where
the conversion was not commenced prior to December
23, 1985.
‘‘(B) CHANGES IN OWNERSHIP.—No wetland reserve
easement shall be created on land that has changed ownership during the preceding 24-month period unless—
‘‘(i) the new ownership was acquired by will or
succession as a result of the death of the previous
owner;
‘‘(ii)(I) the ownership change occurred because of
foreclosure on the land; and
‘‘(II) immediately before the foreclosure, the owner
of the land exercises a right of redemption from the
mortgage holder in accordance with State law; or
‘‘(iii) the Secretary determines that the land was
acquired under circumstances that give adequate
assurances that such land was not acquired for the
purposes of placing it in the program.

16 USC 3865c.

128 STAT. 738

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(3) EVALUATION AND RANKING OF OFFERS.—
‘‘(A) CRITERIA.—The Secretary shall establish evaluation and ranking criteria for offers from landowners under
this section to maximize the benefit of Federal investment
under the program.
‘‘(B) CONSIDERATIONS.—When evaluating offers from
landowners, the Secretary may consider—
‘‘(i) the conservation benefits of obtaining a wetland reserve easement, including the potential environmental benefits if the land was removed from agricultural production;
‘‘(ii) the cost effectiveness of each wetland reserve
easement, so as to maximize the environmental benefits per dollar expended;
‘‘(iii) whether the landowner or another person
is offering to contribute financially to the cost of the
wetland reserve easement to leverage Federal funds;
and
‘‘(iv) such other factors as the Secretary determines
are necessary to carry out the purposes of the program.
‘‘(C) PRIORITY.—The Secretary shall give priority to
acquiring wetland reserve easements based on the value
of the wetland reserve easement for protecting and
enhancing habitat for migratory birds and other wildlife.
‘‘(4) AGREEMENT.—To be eligible to place eligible land into
the program through a wetland reserve easement, the owner
of such land shall enter into an agreement with the Secretary
to—
‘‘(A) grant an easement on such land to the Secretary;
‘‘(B) authorize the implementation of a wetland reserve
easement plan developed for the eligible land under subsection (f);
‘‘(C) create and record an appropriate deed restriction
in accordance with applicable State law to reflect the easement agreed to;
‘‘(D) provide a written statement of consent to such
easement signed by those holding a security interest in
the land;
‘‘(E) comply with the terms and conditions of the easement and any related agreements; and
‘‘(F) permanently retire any existing base history for
the land on which the easement has been obtained.
‘‘(5) TERMS AND CONDITIONS OF EASEMENT.—
‘‘(A) IN GENERAL.—A wetland reserve easement 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
easement areas while identifying access routes to
be used for restoration activities and management
and easement monitoring;
‘‘(ii) prohibit—
‘‘(I) the alteration of wildlife habitat and other
natural features of such land, unless specifically
authorized by the Secretary;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 739

‘‘(II) the spraying of such land with chemicals
or the mowing of such land, except where such
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 activities to be carried out on the
owner’s or successor’s land that is immediately
adjacent to, and functionally related to, the land
that is subject to the easement if such activities
will alter, degrade, or otherwise diminish the functional value of the eligible land; and
‘‘(IV) the adoption of any other practice that
would tend to defeat the purposes of the program,
as determined by the Secretary;
‘‘(iii) provide for the efficient and effective
establishment of wetland functions and values; and
‘‘(iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof.
‘‘(B) VIOLATION.—On the violation of a term or condition of a wetland reserve easement, the wetland reserve
easement shall remain in force and the Secretary may
require the owner to refund all or part of any payments
received by the owner under the program, with interest
on the payments as determined appropriate by the Secretary.
‘‘(C) COMPATIBLE USES.—Land subject to a wetland
reserve easement may be used for compatible economic
uses, including such activities as hunting and fishing, managed timber harvest, or periodic haying or grazing, if such
use is specifically permitted by the wetland reserve easement plan developed for the land under subsection (f) and
is consistent with the long-term protection and enhancement of the wetland resources for which the easement
was established.
‘‘(D) RESERVATION OF GRAZING RIGHTS.—The Secretary
may include in the terms and conditions of a wetland
reserve easement a provision under which the owner
reserves grazing rights if—
‘‘(i) the Secretary determines that the reservation
and use of the grazing rights—
‘‘(I) is compatible with the land subject to the
easement;
‘‘(II) is consistent with the historical natural
uses of the land and the long-term protection and
enhancement goals for which the easement was
established; and
‘‘(III) complies with the wetland reserve easement plan developed for the land under subsection
(f); and

128 STAT. 740

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(ii) the agreement provides for a commensurate
reduction in the easement payment to account for the
grazing value, as determined by the Secretary.
‘‘(6) COMPENSATION.—
‘‘(A) DETERMINATION.—
‘‘(i) PERMANENT EASEMENTS.—The Secretary shall
pay as compensation for a permanent wetland reserve
easement acquired under the program an amount necessary to encourage enrollment in the program, based
on the lowest of—
‘‘(I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an
areawide market analysis or survey;
‘‘(II) the amount corresponding to a geographical cap, as determined by the Secretary in
regulations; or
‘‘(III) the offer made by the landowner.
‘‘(ii) OTHER.—Compensation for a 30-year contract
or 30-year wetland reserve easement shall be not less
than 50 percent, but not more than 75 percent, of
the compensation that would be paid for a permanent
wetland reserve easement.
‘‘(B) FORM OF PAYMENT.—Compensation for a wetland
reserve easement shall be provided by the Secretary in
the form of a cash payment, in an amount determined
under subparagraph (A).
‘‘(C) PAYMENT SCHEDULE.—
‘‘(i) EASEMENTS VALUED AT $500,000 OR LESS.—For
wetland reserve easements valued at $500,000 or less,
the Secretary may provide payments in not more than
10 annual payments.
‘‘(ii) EASEMENTS VALUED AT MORE THAN $500,000.—
For wetland reserve easements valued at more than
$500,000, the Secretary may provide payments in at
least 5, but not more than 10 annual payments, except
that, if the Secretary determines it would further the
purposes of the program, the Secretary may make a
lump-sum payment for such an easement.
‘‘(c) EASEMENT RESTORATION.—
‘‘(1) IN GENERAL.—The Secretary shall provide financial
assistance to owners of eligible land to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance
activities, as set forth in a wetland reserve easement plan
developed for the eligible land under subsection (f).
‘‘(2) PAYMENTS.—The Secretary shall—
‘‘(A) in the case of a permanent wetland reserve easement, pay an amount that is not less than 75 percent,
but not more than 100 percent, of the eligible costs, as
determined by the Secretary; and
‘‘(B) in the case of a 30-year contract or 30-year wetland
reserve easement, pay an amount that is not less than
50 percent, but not more than 75 percent, of the eligible
costs, as determined by the Secretary.
‘‘(d) TECHNICAL ASSISTANCE.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 741

‘‘(1) IN GENERAL.—The Secretary shall assist owners in
complying with the terms and conditions of a wetland reserve
easement.
‘‘(2) 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 restoration, enhancement, or maintenance of a wetland reserve easement if the Secretary determines that the contract or agreement will advance the purposes
of the program.
‘‘(e) WETLAND RESERVE ENHANCEMENT OPTION.—The Secretary
may enter into 1 or more agreements with a State (including
a political subdivision or agency of a State), nongovernmental
organization, or Indian tribe to carry out a special wetland reserve
enhancement option that the Secretary determines would advance
the purposes of program.
‘‘(f) ADMINISTRATION.—
‘‘(1) WETLAND RESERVE EASEMENT PLAN.—The Secretary
shall develop a wetland reserve easement plan for any eligible
land subject to a wetland reserve easement, which shall include
practices and activities necessary to restore, protect, enhance,
and maintain the enrolled land.
‘‘(2) DELEGATION OF EASEMENT ADMINISTRATION.—
‘‘(A) IN GENERAL.—The Secretary may delegate any
of the management, monitoring, and enforcement responsibilities of the Secretary under this section to other Federal or State agencies that have the appropriate authority,
expertise, and resources necessary to carry out such delegated responsibilities, or to conservation organizations if
the Secretary determines the organization has similar
expertise and resources.
‘‘(B) LIMITATION.—The Secretary shall not delegate any
of the monitoring or enforcement responsibilities under
this section to conservation organizations.
‘‘(3) PAYMENTS.—
‘‘(A) TIMING OF PAYMENTS.—The Secretary shall provide payment for obligations incurred by the Secretary
under this section—
‘‘(i) with respect to any easement restoration
obligation under subsection (c), as soon as possible
after the obligation is incurred; and
‘‘(ii) with respect to any annual easement payment
obligation incurred by the Secretary, as soon as possible after October 1 of each calendar year.
‘‘(B) PAYMENTS TO OTHERS.—If an owner who is entitled
to a payment under this section dies, becomes incompetent,
is otherwise unable to receive such payment, or is succeeded by another person or entity who renders or completes the required performance, the Secretary shall make
such payment, in accordance with regulations prescribed
by the Secretary and without regard to any other provision
of law, in such manner as the Secretary determines is
fair and reasonable in light of all of the circumstances.
‘‘(g) APPLICATION.—The relevant provisions of this section shall
also apply to a 30-year contract.

128 STAT. 742
16 USC 3865d.

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘SEC. 1265D. ADMINISTRATION.

‘‘(a) INELIGIBLE LAND.—The Secretary may not use program
funds for the purposes of acquiring an easement on—
‘‘(1) lands owned by an agency of the United States, other
than land held in trust for Indian tribes;
‘‘(2) lands owned in fee title by a State, including an agency
or a subdivision of a State, or a unit of local government;
‘‘(3) land subject to an easement or deed restriction which,
as determined by the Secretary, provides similar protection
as would be provided by enrollment in the program; or
‘‘(4) lands where the purposes of the program would be
undermined due to on-site or off-site conditions, such as risk
of hazardous substances, proposed or existing rights of way,
infrastructure development, or adjacent land uses.
‘‘(b) PRIORITY.—In evaluating applications under the program,
the Secretary may give priority to land that is currently enrolled
in the conservation reserve program in a contract that is set to
expire within 1 year and—
‘‘(1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term
easement; and
‘‘(2) in the case of a wetland reserve easement, is a wetland
or related area with the highest wetland functions and value
and is likely to return to production after the land leaves
the conservation reserve program.
‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, AND TERMINATION.—
‘‘(1) IN GENERAL.—The Secretary may subordinate,
exchange, modify, or terminate any interest in land, or portion
of such interest, administered by the Secretary, either directly
or on behalf of the Commodity Credit Corporation under the
program if the Secretary determines that—
‘‘(A) it is in the Federal Government’s interest to
subordinate, exchange, modify, or terminate the interest
in land;
‘‘(B) the subordination, exchange, modification, or
termination action—
‘‘(i) will address a compelling public need for which
there is no practicable alternative; or
‘‘(ii) such action will further the practical administration of the program; and
‘‘(C) the subordination, exchange, modification, or
termination action will result in comparable conservation
value and equivalent or greater economic value to the
United States.
‘‘(2) CONSULTATION.—The Secretary shall work with the
owner, and eligible entity if applicable, to address any subordination, exchange, modification, or termination of the interest,
or portion of such interest, in land.
‘‘(3) NOTICE.—At least 90 days before taking any termination action described in paragraph (1), 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.
‘‘(d) LAND ENROLLED IN OTHER PROGRAMS.—
‘‘(1) CONSERVATION RESERVE PROGRAM.—The Secretary may
terminate or modify a contract entered into under section

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 743

1231(a) if eligible land that is subject to such contract is transferred into the program.
‘‘(2) OTHER.—In accordance with the provisions of subtitle
H of title II of the Agricultural Act of 2014, land enrolled
in the wetlands reserve program, grassland reserve program,
or farmland protection program on the day before the date
of enactment of the Agricultural Act of 2014 shall be considered
enrolled in the program.
‘‘(e) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The Secretary may not provide assistance under this subtitle to an eligible
entity or owner of eligible land unless the eligible entity or owner
agrees, during the crop 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.’’.
(b) CROSS REFERENCE; CALCULATION.—Section 1244 of the Food
Security Act of 1985 (16 U.S.C. 3844) is amended—
(1) in subsection (c)—
(A) in paragraph (1)—
(i) by inserting ‘‘and’’ at the end of subparagraph
(A);
(ii) by striking ‘‘and’’ at the end of subparagraph
(B); and
(iii) by striking subparagraph (C);
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) the agricultural conservation easement program established under subtitle H; and’’; and
(2) in subsection (f)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘programs
administered under subchapters B and C of chapter
1 of subtitle D’’ and inserting ‘‘conservation reserve
program established under subchapter B of chapter
1 of subtitle D and wetland reserve easements under
section 1265C’’; and
(ii) in subparagraph (B), by striking ‘‘an easement
acquired under subchapter C of chapter 1 of subtitle
D’’ and inserting ‘‘a wetland reserve easement under
section 1265C’’;
(B) by striking paragraph (4) and inserting the following:
‘‘(4) EXCLUSIONS.—
‘‘(A) SHELTERBELTS AND WINDBREAKS.—The limitations
established under paragraph (1) shall not apply to cropland
that is subject to an easement under subchapter B of
chapter 1 of subtitle D that is used for the establishment
of shelterbelts and windbreaks.
‘‘(B) WET AND SATURATED SOILS.—For the purposes
of enrolling land in a wetland reserve easement under
section 1265C, the limitations established under paragraph
(1) shall not apply to cropland designated by the Secretary
with subclass w in the land capability classes IV through

128 STAT. 744

PUBLIC LAW 113–79—FEB. 7, 2014
VIII because of severe use limitations due to soil saturation
or inundation.’’; and
(C) by adding at the end the following new paragraph:
‘‘(5) CALCULATION.—In
calculating the percentages
described in paragraph (1), the Secretary shall include any
acreage that was included in calculations of percentages made
under such paragraph, as in effect on the day before the date
of enactment of the Agricultural Act of 2014, and that remains
enrolled when the calculation is made after that date under
paragraph (1).’’.

Subtitle E—Regional Conservation
Partnership Program
SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.

Title XII of the Food Security Act of 1985 is amended by
inserting after subtitle H, as added by section 2301, the following
new subtitle:

‘‘Subtitle I—Regional Conservation
Partnership Program
16 USC 3871.

‘‘SEC. 1271. ESTABLISHMENT AND PURPOSES.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a regional
conservation partnership program to implement eligible activities
on eligible land through—
‘‘(1) partnership agreements with eligible partners; and
‘‘(2) contracts with producers.
‘‘(b) PURPOSES.—The purposes of the program are as follows:
‘‘(1) To use covered programs to accomplish purposes and
functions similar to those of the following programs, as in
effect on the day before the date of enactment of the Agricultural Act of 2014:
‘‘(A) The agricultural water enhancement program
established under section 1240I.
‘‘(B) The Chesapeake Bay watershed program established under section 1240Q.
‘‘(C) The cooperative conservation partnership initiative
established under section 1243.
‘‘(D) The Great Lakes basin program for soil erosion
and sediment control established under section 1240P.
‘‘(2) To further the conservation, restoration, and sustainable use of soil, water, wildlife, and related natural resources
on eligible land on a regional or watershed scale.
‘‘(3) To encourage eligible partners to cooperate with producers in—
‘‘(A) meeting or avoiding the need for national, State,
and local natural resource regulatory requirements related
to production on eligible land; and
‘‘(B) implementing projects that will result in the
installation and maintenance of eligible activities that
affect multiple agricultural or nonindustrial private forest
operations on a local, regional, State, or multistate basis.

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘SEC. 1271A. DEFINITIONS.

128 STAT. 745

‘‘In this subtitle:
‘‘(1) COVERED PROGRAM.—The term ‘covered program’
means the following:
‘‘(A) The agricultural conservation easement program.
‘‘(B) The environmental quality incentives program.
‘‘(C) The conservation stewardship program.
‘‘(D) The healthy forests reserve program established
under section 501 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6571).
‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible activity’ means
a conservation activity for any of the following:
‘‘(A) Water quality restoration or enhancement projects,
including nutrient management and sediment reduction.
‘‘(B) Water quantity conservation, restoration, or
enhancement projects relating to surface water and groundwater resources, including—
‘‘(i) the conversion of irrigated cropland to the
production of less water-intensive agricultural
commodities or dryland farming; or
‘‘(ii) irrigation system improvement and irrigation
efficiency enhancement.
‘‘(C) Drought mitigation.
‘‘(D) Flood prevention.
‘‘(E) Water retention.
‘‘(F) Air quality improvement.
‘‘(G) Habitat conservation, restoration, and enhancement.
‘‘(H) Erosion control and sediment reduction.
‘‘(I) Forest restoration.
‘‘(J) Other related activities that the Secretary determines will help achieve conservation benefits.
‘‘(3) ELIGIBLE LAND.—
‘‘(A) IN GENERAL.—The term ‘eligible land’ means—
‘‘(i) land on which agricultural commodities, livestock, or forest-related products are produced; and
‘‘(ii) lands associated with the lands described in
clause (i).
‘‘(B) INCLUSIONS.—The term ‘eligible land’ includes—
‘‘(i) cropland;
‘‘(ii) grassland;
‘‘(iii) rangeland;
‘‘(iv) pastureland;
‘‘(v) nonindustrial private forest land; and
‘‘(vi) other land incidental to agricultural production (including wetlands and riparian buffers) on which
significant natural resource issues could be addressed
under the program.
‘‘(4) ELIGIBLE PARTNER.—The term ‘eligible partner’ means
any of the following:
‘‘(A) An agricultural or silvicultural producer association or other group of producers.
‘‘(B) A State or unit of local government.
‘‘(C) An Indian tribe.
‘‘(D) A farmer cooperative.

16 USC 3871a.

128 STAT. 746

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(E) A water district, irrigation district, rural water
district or association, or other organization with specific
water delivery authority to producers on agricultural land.
‘‘(F) A municipal water or wastewater treatment entity.
‘‘(G) An institution of higher education.
‘‘(H) An organization or entity with an established
history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address—
‘‘(i) local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or
‘‘(ii) critical watershed-scale soil erosion, water
quality, sediment reduction, or other natural resource
issues.
‘‘(5) PARTNERSHIP AGREEMENT.—The term ‘partnership
agreement’ means an agreement entered into under section
1271B between the Secretary and an eligible partner.
‘‘(6) PROGRAM.—The term ‘program’ means the regional
conservation partnership program established by this subtitle.

16 USC 3871b.

‘‘SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS.

‘‘(a) PARTNERSHIP AGREEMENTS AUTHORIZED.—The Secretary
may enter into a partnership agreement with an eligible partner
to implement a project that will assist producers with installing
and maintaining an eligible activity on eligible land.
‘‘(b) LENGTH.—A partnership agreement shall be for a period
not to exceed 5 years, except that the Secretary may extend the
agreement one time for up to 12 months when an extension is
necessary to meet the objectives of the program.
‘‘(c) DUTIES OF PARTNERS.—
‘‘(1) IN GENERAL.—Under a partnership agreement, the
eligible partner shall—
‘‘(A) define the scope of a project, including—
‘‘(i) the eligible activities to be implemented;
‘‘(ii) the potential agricultural or nonindustrial private forest land operations affected;
‘‘(iii) the local, State, multistate, or other
geographic area covered; and
‘‘(iv) the planning, outreach, implementation, and
assessment to be conducted;
‘‘(B) conduct outreach and education to producers for
potential participation in the project;
‘‘(C) at the request of a producer, act on behalf of
a producer participating in the project in applying for
assistance under section 1271C;
‘‘(D) leverage financial or technical assistance provided
by the Secretary with additional funds to help achieve
the project objectives;
‘‘(E) conduct an assessment of the project’s effects;
and
‘‘(F) at the conclusion of the project, report to the
Secretary on its results and funds leveraged.
‘‘(2) CONTRIBUTION.—An eligible partner shall provide a
significant portion of the overall costs of the scope of the project
that is the subject of the agreement entered into under subsection (a), as determined by the Secretary.
‘‘(d) APPLICATIONS.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 747

‘‘(1) COMPETITIVE PROCESS.—The Secretary shall conduct
a competitive process to select applications for partnership
agreements and may assess and rank applications with similar
conservation purposes as a group.
‘‘(2) CRITERIA USED.—In carrying out the process described
in paragraph (1), the Secretary shall make public the criteria
used in evaluating applications.
‘‘(3) CONTENT.—An application to the Secretary shall
include a description of—
‘‘(A) the scope of the project, as described in subsection
(c)(1)(A);
‘‘(B) the plan for monitoring, evaluating, and reporting
on progress made toward achieving the project’s objectives;
‘‘(C) the program resources requested for the project,
including the covered programs to be used and estimated
funding needed from the Secretary;
‘‘(D) each eligible partner collaborating to achieve
project objectives, including their roles, responsibilities,
capabilities, and financial contribution; and
‘‘(E) any other elements the Secretary considers necessary to adequately evaluate and competitively select
applications for funding under the program.
‘‘(4) PRIORITY TO CERTAIN APPLICATIONS.—The Secretary
may give a higher priority to applications that—
‘‘(A) assist producers in meeting or avoiding the need
for a natural resource regulatory requirement;
‘‘(B) have a high percentage of producers in the area
to be covered by the agreement;
‘‘(C) significantly leverage non-Federal financial and
technical resources and coordinate with other local, State,
or national efforts;
‘‘(D) deliver high percentages of applied conservation
to address conservation priorities or regional, State, or
national conservation initiatives;
‘‘(E) provide innovation in conservation methods and
delivery, including outcome-based performance measures
and methods; or
‘‘(F) meet other factors that are important for achieving
the purposes of the program, as determined by the Secretary.
‘‘SEC. 1271C. ASSISTANCE TO PRODUCERS.

‘‘(a) IN GENERAL.—The Secretary shall enter into contracts
with producers to provide financial and technical assistance to—
‘‘(1) producers participating in a project with an eligible
partner; or
‘‘(2) producers that fit within the scope of a project
described in section 1271B or a critical conservation area designated under section 1271F, but who are seeking to implement
an eligible activity on eligible land independent of an eligible
partner.
‘‘(b) TERMS AND CONDITIONS.—
‘‘(1) CONSISTENCY WITH PROGRAM RULES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) and paragraph (2), the Secretary shall ensure that
the terms and conditions of a contract under this section
are consistent with the applicable rules of the covered

16 USC 3871c.

128 STAT. 748

PUBLIC LAW 113–79—FEB. 7, 2014
programs to be used as part of the partnership agreement,
as described in the application under section
1271B(d)(3)(C).
‘‘(B) ADJUSTMENTS.—
‘‘(i) IN GENERAL.—The Secretary may adjust the
rules of a covered program, including—
‘‘(I) operational guidance and requirements for
a covered program at the discretion of the Secretary so as to provide a simplified application
and evaluation process; and
‘‘(II) nonstatutory, regulatory rules or provisions to better reflect unique local circumstances
and purposes if the Secretary determines such
adjustments are necessary to achieve the purposes
of the covered program.
‘‘(ii) LIMITATION.—The Secretary shall not adjust
the application of statutory requirements for a covered
program, including requirements governing appeals,
payment limits, and conservation compliance.
‘‘(iii) IRRIGATION.—In States where irrigation has
not been used significantly for agricultural purposes,
as determined by the Secretary, the Secretary shall
not limit eligibility under section 1271B or this section
on the basis of prior irrigation history.
‘‘(2) ALTERNATIVE FUNDING ARRANGEMENTS.—
‘‘(A) IN GENERAL.—For the purposes of providing assistance for land described in subsection (a) and section 1271F,
the Secretary may enter into alternative funding arrangements with a multistate water resource agency or authority
if—
‘‘(i) the Secretary determines that the goals and
objectives of the program will be met by the alternative
funding arrangements;
‘‘(ii) the agency or authority certifies that the
limitations established under this section on agreements with individual producers will not be exceeded;
and
‘‘(iii) all participating producers meet applicable
payment eligibility provisions.
‘‘(B) CONDITIONS.—As a condition of receiving funding
under subparagraph (A), the multistate water resource
agency or authority shall agree—
‘‘(i) to submit an annual independent audit to the
Secretary that describes the use of funds under this
paragraph;
‘‘(ii) to provide any data necessary for the Secretary
to issue a report on the use of funds under this paragraph; and
‘‘(iii) not to use any of the funds provided pursuant
to subparagraph (A) for administration or to provide
for administrative costs through contracts with another
entity.
‘‘(C) LIMITATION.—The Secretary may enter into not
more than 20 alternative funding arrangements under this
paragraph.
‘‘(c) PAYMENTS.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 749

‘‘(1) IN GENERAL.—In accordance with statutory requirements of the covered programs involved, the Secretary may
make payments to a producer in an amount determined by
the Secretary to be necessary to achieve the purposes of the
program.
‘‘(2) PAYMENTS TO CERTAIN PRODUCERS.—The Secretary
may provide payments for a period of 5 years—
‘‘(A) to producers participating in a project that
addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland
farming; and
‘‘(B) to producers participating in a project that
addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and
systems that improve nutrient management.
‘‘(3) WAIVER AUTHORITY.—To assist in the implementation
of the program, the Secretary may waive the applicability of
the limitation in section 1001D(b)(2) of this Act for participating
producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program.
‘‘SEC. 1271D. FUNDING.

16 USC 3871d.

‘‘SEC. 1271E. ADMINISTRATION.

16 USC 3871e.

‘‘(a) AVAILABILITY
OF
FUNDS.—The Secretary shall use
$100,000,000 of the funds of the Commodity Credit Corporation
for each of fiscal years 2014 through 2018 to carry out the program.
‘‘(b) DURATION OF AVAILABILITY.—Funds made available under
subsection (a) shall remain available until expended.
‘‘(c) ADDITIONAL FUNDING AND ACRES.—
‘‘(1) IN GENERAL.—In addition to the funds made available
under subsection (a), the Secretary shall reserve 7 percent
of the funds and acres made available for a covered program
for each of fiscal years 2014 through 2018 in order to ensure
additional resources are available to carry out this program.
‘‘(2) UNUSED FUNDS AND ACRES.—Any funds or acres
reserved under paragraph (1) for a fiscal year from a covered
program that are not committed under this program by April
1 of that fiscal year shall be returned for use under the covered
program.
‘‘(d) ALLOCATION OF FUNDING.—Of the funds and acres made
available for the program under subsection (a) and reserved for
the program under subsection (c), the Secretary shall allocate—
‘‘(1) 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
established under subtitle G;
‘‘(2) 40 percent of the funds and acres to projects based
on a national competitive process to be established by the
Secretary; and
‘‘(3) 35 percent of the funds and acres to projects for critical
conservation areas designated under section 1271F.
‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.—None of the
funds made available or reserved for the program may be used
to pay for the administrative expenses of eligible partners.
‘‘(a) DISCLOSURE.—In addition to the criteria used in evaluating
applications as described in section 1271B(d)(2), the Secretary shall

128 STAT. 750

PUBLIC LAW 113–79—FEB. 7, 2014

make publicly available information on projects selected through
the competitive process described in section 1271B(d)(1).
‘‘(b) REPORTING.—Not later than December 31, 2014, 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
on the status of projects funded under the program, including—
‘‘(1) the number and types of eligible partners and producers participating in the partnership agreements selected;
‘‘(2) the number of producers receiving assistance;
‘‘(3) total funding committed to projects, including from
Federal and non-Federal resources; and
‘‘(4) a description of how the funds under section
1271C(b)(2) are being administered, including—
‘‘(A) any oversight mechanisms that the Secretary has
implemented;
‘‘(B) the process through which the Secretary is
resolving appeals by program participants; and
‘‘(C) the means by which the Secretary is tracking
adherence to any applicable provisions for payment eligibility.
16 USC 3871f.

‘‘SEC. 1271F. CRITICAL CONSERVATION AREAS.

‘‘(a) IN GENERAL.—In administering funds under section
1271D(d)(3), the Secretary shall select applications for partnership
agreements and producer contracts within critical conservation
areas designated under this section.
‘‘(b) CRITICAL CONSERVATION AREA DESIGNATIONS.—
‘‘(1) PRIORITY.—In designating critical conservation areas
under this section, the Secretary shall give priority to geographical areas based on the degree to which the geographical
area—
‘‘(A) includes multiple States with significant agricultural production;
‘‘(B) is covered by an existing regional, State,
binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted
by a Federal, State, or regional authority;
‘‘(C) would benefit from 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;
‘‘(D) would benefit from water quantity improvement,
including improvement relating to—
‘‘(i) groundwater, surface water, aquifer, or other
water sources; or
‘‘(ii) a need to promote water retention and flood
prevention; or
‘‘(E) contains producers that need assistance in meeting
or avoiding the need for a natural resource regulatory
requirement that could have a negative impact on the
economic scope of the agricultural operations within the
area.
‘‘(2) EXPIRATION.—Critical conservation area designations
under this section shall expire after 5 years, subject to

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 751

redesignation, except that the Secretary may withdraw designation from an area if the Secretary finds the area no longer
meets the conditions described in paragraph (1).
‘‘(3) LIMITATION.—The Secretary may not designate more
than 8 geographical areas as critical conservation areas under
this section.
‘‘(c) ADMINISTRATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary shall administer any partnership agreement or
producer contract under this section in a manner that is consistent with the terms of the program.
‘‘(2) RELATIONSHIP TO EXISTING ACTIVITY.—The Secretary
shall, to the maximum extent practicable, ensure that eligible
activities carried out in critical conservation areas designated
under this section complement and are consistent with other
Federal and State programs and water quality and quantity
strategies.
‘‘(3) ADDITIONAL AUTHORITY.—For a critical conservation
area described in subsection (b)(1)(D), the Secretary may use
authorities under the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), other than section 14 of
such Act (16 U.S.C. 1012), to carry out projects for the purposes
of this section.’’.

Subtitle F—Other Conservation Programs
SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND.

Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C.
3839bb(e)) is amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.

Section 1240O(b) of the Food Security Act of 1985 (16 U.S.C.
3839bb–2(b)) is amended to read as follows:
‘‘(b) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $20,000,000
for each of fiscal years 2008 through 2018.
‘‘(2) AVAILABILITY OF FUNDS.—In addition to funds made
available under paragraph (1), of the funds of the Commodity
Credit Corporation, the Secretary shall use $5,000,000, to
remain available until expended.’’.
SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.

(a) FUNDING.—Section 1240R(f)(1) of the Food Security Act
of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended—
(1) in the heading, by striking ‘‘FISCAL YEARS 2009 THROUGH
2012’’ and inserting ‘‘MANDATORY FUNDING’’; and
(2) by inserting ‘‘and $40,000,000 for the period of fiscal
years 2014 through 2018’’ before the period at the end.
(b) REPORT ON PROGRAM EFFECTIVENESS.—Not later than 2
years after the date of enactment of this Act, the Secretary of
Agriculture shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating the effectiveness

128 STAT. 752

PUBLIC LAW 113–79—FEB. 7, 2014

of the voluntary public access and habitat incentive program established by section 1240R of the Food Security Act of 1985 (16 U.S.C.
3839bb–5), including—
(1) identifying cooperating agencies;
(2) identifying the number of land holdings and total acres
enrolled by State;
(3) evaluating the extent of improved access on eligible
land, improved wildlife habitat, and related economic benefits;
and
(4) any other relevant information and data relating to
the program that would be helpful to such Committees.
SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED SERVICES
PROGRAM.

Subsection (c)(2) of section 1252 of the Food Security Act of
1985 (16 U.S.C. 3851) is amended to read as follows:
‘‘(2) EXCLUSION.—Funds made available to carry out the
conservation reserve program may not be used to carry out
the ACES program.’’.

SEC. 2505. SMALL WATERSHED REHABILITATION PROGRAM.

(a) AVAILABILITY OF FUNDS.—Section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) is
amended—
(1) in subparagraph (E), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (F), by striking the period and inserting
a semicolon;
(3) in subparagraph (G), by striking the period and
inserting ‘‘; and’’; and
(4) by adding at the end the following new subparagraph:
‘‘(H) $250,000,000 for fiscal year 2014, to remain available until expended.’’.
(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 ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 2506. EMERGENCY WATERSHED PROTECTION PROGRAM.

Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203) is amended—
(1) by striking ‘‘Sec. 403. The Secretary’’ and inserting
the following:
‘‘SEC. 403. EMERGENCY MEASURES.

‘‘(a) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(b) FLOODPLAIN EASEMENTS.—
‘‘(1) MODIFICATION AND TERMINATION.—The Secretary may
modify or terminate a floodplain easement administered by
the Secretary under this section if—
‘‘(A) the current owner agrees to the modification or
termination; and
‘‘(B) the Secretary determines that the modification
or termination—
‘‘(i) will address a compelling public need for which
there is no practicable alternative; and
‘‘(ii) is in the public interest.
‘‘(2) CONSIDERATION.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 753

‘‘(A) TERMINATION.—As consideration for termination
of an easement and associated agreements under paragraph (1), the Secretary shall enter into compensatory
arrangements as determined to be appropriate by the Secretary.
‘‘(B) MODIFICATION.—In the case of a modification
under paragraph (1)—
‘‘(i) as a condition of the modification, the current
owner shall enter into a compensatory arrangement
(as determined to be appropriate by the Secretary)
to incur the costs of modification; and
‘‘(ii) the Secretary shall ensure that—
‘‘(I) the modification will not adversely affect
the floodplain functions and values for which the
easement was acquired;
‘‘(II) any adverse impacts will be mitigated
by enrollment and restoration of other land that
provides greater floodplain functions and values
at no additional cost to the Federal Government;
and
‘‘(III) the modification will result in equal or
greater environmental and economic values to the
United States.’’.
SEC. 2507. TERMINAL LAKES.

Section 2507 of the Farm Security and Rural Investment Act
of 2002 (43 U.S.C. 2211 note; Public Law 107–171) is amended
to read as follows:
‘‘SEC. 2507. TERMINAL LAKES ASSISTANCE.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE LAND.—The term ‘eligible land’ means privately owned agricultural land (including land in which a State
has a property interest as a result of State water law)—
‘‘(A) that a landowner voluntarily agrees to sell to
a State; and
‘‘(B) which—
‘‘(i)(I) is ineligible for enrollment as a wetland
reserve easement established under the agricultural
conservation easement program under subtitle H of
the Food Security Act of 1985;
‘‘(II) is flooded to—
‘‘(aa) an average depth of at least 6.5 feet;
or
‘‘(bb) a level below which the State determines the management of the water level is
beyond the control of the State or landowner;
or
‘‘(III) is inaccessible for agricultural use due
to the flooding of adjoining property (such as
islands of agricultural land created by flooding);
‘‘(ii) is located within a watershed with water
rights available for lease or purchase; and
‘‘(iii) has been used during at least 5 of the immediately preceding 30 years—
‘‘(I) to produce crops or hay; or
‘‘(II) as livestock pasture or grazing.

128 STAT. 754

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(2) PROGRAM.—The term ‘program’ means the voluntary
land purchase program established under this section.
‘‘(3) TERMINAL LAKE.—The term ‘terminal lake’ means a
lake and its associated riparian and watershed resources that
is—
‘‘(A) considered flooded because there is no natural
outlet for water accumulating in the lake or the associated
riparian area such that the watershed and surrounding
land is consistently flooded; or
‘‘(B) considered terminal because it has no natural
outlet and is at risk due to a history of consistent Federal
assistance to address critical resource conditions, including
insufficient water available to meet the needs of the lake,
general uses, and water rights.
‘‘(b) ASSISTANCE.—The Secretary shall—
‘‘(1) provide grants under subsection (c) for the purchase
of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and
‘‘(2) provide funds to the Secretary of the Interior pursuant
to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B).
‘‘(c) LAND PURCHASE GRANTS.—
‘‘(1) IN GENERAL.—Using funds provided under subsection
(e)(1), the Secretary shall make available land purchase grants
to States for the purchase of eligible land in accordance with
this subsection.
‘‘(2) IMPLEMENTATION.—
‘‘(A) AMOUNT.—A land purchase grant shall be in an
amount not to exceed the lesser of—
‘‘(i) 50 percent of the total purchase price per acre
of the eligible land; or
‘‘(ii)(I) in the case of eligible land that was used
to produce crops or hay, $400 per acre; and
‘‘(II) in the case of eligible land that was pasture or grazing land, $200 per acre.
‘‘(B) DETERMINATION OF PURCHASE PRICE.—A State purchasing eligible land with a land purchase grant shall
ensure, to the maximum extent practicable, that the purchase price of such land reflects the value, if any, of other
encumbrances on the eligible land to be purchased,
including easements and mineral rights.
‘‘(C) COST-SHARE REQUIRED.—To be eligible to receive
a land purchase grant, a State shall provide matching
non-Federal funds in an amount equal to 50 percent of
the amount described in subparagraph (A), including additional non-Federal funds.
‘‘(D) CONDITIONS.—To receive a land purchase grant,
a State shall agree—
‘‘(i) to ensure that any eligible land purchased
is—
‘‘(I) conveyed in fee simple to the State; and
‘‘(II) free from mortgages or other liens at
the time title is transferred;
‘‘(ii) to maintain ownership of the eligible land
in perpetuity;
‘‘(iii) to pay (from funds other than grant dollars
awarded) any costs associated with the purchase of

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 755

eligible land under this section, including surveys and
legal fees; and
‘‘(iv) to keep eligible land in a conserving use,
as defined by the Secretary.
‘‘(E) LOSS OF FEDERAL BENEFITS.—Eligible land purchased with a grant under this section shall lose eligibility
for any benefits under other Federal programs, including—
‘‘(i) benefits under title XII of the Food Security
Act of 1985 (16 U.S.C. 3801 et seq.);
‘‘(ii) benefits under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.); and
‘‘(iii) covered benefits described in section 1001D(b)
of the Food Security Act of 1985 (7 U.S.C. 1308–3a).
‘‘(F) PROHIBITION.—Any Federal rights or benefits associated with eligible land prior to purchase by a State may
not be transferred to any other land or person in anticipation of or as a result of such purchase.
‘‘(d) WATER ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary of the Interior, acting
through the Commissioner of Reclamation, may use the funds
described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water
and assistance to a terminal lake described in subsection
(a)(3)(B) through willing sellers or willing participants only—
‘‘(A) to lease water;
‘‘(B) to purchase land, water appurtenant to the land,
and related interests; and
‘‘(C) to carry out research, support, and conservation
activities for associated fish, wildlife, plant, and habitat
resources.
‘‘(2) EXCLUSIONS.—The Secretary of the Interior may not
use this subsection to deliver assistance to the Great Salt
Lake in Utah, lakes that are considered dry lakes, or other
lakes that do not meet the purposes of this section, as determined by the Secretary of the Interior.
‘‘(3) TRANSITIONAL PROVISION.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of this section, any funds made available before the
date of enactment of the Agricultural Act of 2014 under
a provision of law described in subparagraph (B) shall
remain available using the provisions of law (including
regulations) in effect on the day before the date of enactment of that Act.
‘‘(B) DESCRIBED LAWS.—The provisions of law described
in this section are—
‘‘(i) section 2507 of the Farm Security and Rural
Investment Act of 2002 (43 U.S.C. 2211 note; Public
Law 107–171) (as in effect on the day before the date
of enactment of the Agricultural Act of 2014);
‘‘(ii) section 207 of the Energy and Water Development Appropriations Act, 2003 (Public Law 108–7; 117
Stat. 146);
‘‘(iii) section 208 of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103;
119 Stat. 2268, 123 Stat. 2856); and
‘‘(iv) section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010

128 STAT. 756

PUBLIC LAW 113–79—FEB. 7, 2014
(Public Law 111–85; 123 Stat. 2858, 123 Stat. 2967,
125 Stat. 867).
‘‘(e) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out subsection
(c) $25,000,000, to remain available until expended.
‘‘(2) COMMODITY CREDIT CORPORATION.—As soon as practicable after the date of enactment of the Agricultural Act
of 2014, the Secretary shall transfer to the ‘Bureau of Reclamation—Water and Related Resources’ account $150,000,000 from
the funds of the Commodity Credit Corporation to carry out
subsection (d), to remain available until expended.’’.

SEC. 2508. SOIL AND WATER RESOURCES CONSERVATION.

(a) CONGRESSIONAL POLICY AND DECLARATION OF PURPOSE.—
Section 4 of the Soil and Water Resources Conservation Act of
1977 (16 U.S.C. 2003) is amended—
(1) in subsection (b), by inserting ‘‘and tribal’’ after ‘‘State’’
each place it appears; and
(2) in subsection (c)(2), by inserting ‘‘, tribal,’’ after ‘‘State’’.
(b) CONTINUING APPRAISAL OF SOIL, WATER, AND RELATED
RESOURCES.—Section 5 of the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2004) is amended—
(1) in subsection (a)(4), by striking ‘‘and State’’ and
inserting ‘‘, State, and tribal’’;
(2) in subsection (b), by inserting ‘‘, tribal’’ after ‘‘State’’
each place it appears; and
(3) in subsection (c)—
(A) by striking ‘‘State soil’’ and inserting ‘‘State and
tribal soil’’; and
(B) by striking ‘‘local’’ and inserting ‘‘local, tribal,’’.
(c) SOIL AND WATER CONSERVATION PROGRAM.—Section 6(a)
of the Soil and Water Resources Conservation Act of 1977 (16
U.S.C. 2005(a)) is amended—
(1) by inserting ‘‘, tribal,’’ after ‘‘State’’ the first place it
appears;
(2) by inserting ‘‘, tribal’’ after ‘‘State’’ each other place
it appears; and
(3) by inserting ‘‘, tribal,’’ after ‘‘private’’.
(d) UTILIZATION OF AVAILABLE INFORMATION AND DATA.—Section 9 of the Soil and Water Resources Conservation Act of 1977
(16 U.S.C. 2008) is amended by inserting ‘‘, tribal’’ after ‘‘State’’.

Subtitle G—Funding and Administration
SEC. 2601. FUNDING.

(a) IN GENERAL.—Section 1241 of the Food Security Act of
1985 (16 U.S.C. 3841) is amended by striking subsection (a) and
inserting the following:
‘‘(a) ANNUAL FUNDING.—For each of fiscal years 2014 through
2018, the Secretary shall use the funds, facilities, and authorities
of the Commodity Credit Corporation to carry out the following
programs under this title (including the provision of technical assistance):

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 757

‘‘(1) The conservation reserve program under subchapter
B of chapter 1 of subtitle D, including, to the maximum extent
practicable—
‘‘(A) $10,000,000 for the period of fiscal years 2014
through 2018 to provide payments under section 1234(c);
and
‘‘(B) $33,000,000 for the period of fiscal years 2014
through 2018 to carry out section 1235(f) to facilitate the
transfer of land subject to contracts from retired or retiring
owners and operators to beginning farmers or ranchers
and socially disadvantaged farmers or ranchers.
‘‘(2) The agricultural conservation easement program under
subtitle H using to the maximum extent practicable—
‘‘(A) $400,000,000 for fiscal year 2014;
‘‘(B) $425,000,000 for fiscal year 2015;
‘‘(C) $450,000,000 for fiscal year 2016;
‘‘(D) $500,000,000 for fiscal year 2017; and
‘‘(E) $250,000,000 for fiscal year 2018.
‘‘(3) The conservation security program under subchapter
A of chapter 2 of subtitle D, using such sums as are necessary
to administer contracts entered into before September 30, 2008.
‘‘(4) The conservation stewardship program under subchapter B of chapter 2 of subtitle D.
‘‘(5) The environmental quality incentives program under
chapter 4 of subtitle D, using, to the maximum extent practicable—
‘‘(A) $1,350,000,000 for fiscal year 2014;
‘‘(B) $1,600,000,000 for fiscal year 2015;
‘‘(C) $1,650,000,000 for fiscal year 2016;
‘‘(D) $1,650,000,000 for fiscal year 2017; and
‘‘(E) $1,750,000,000 for fiscal year 2018.’’.
(b) GUARANTEED AVAILABILITY OF FUNDS.—Section 1241 of the
Food Security Act of 1985 (16 U.S.C. 3841) is amended—
(1) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively;
(2) by inserting after subsection (a) the following:
‘‘(b) AVAILABILITY OF FUNDS.—Amounts made available by subsection (a) for fiscal years 2014 through 2018 shall be used by
the Secretary to carry out the programs specified in such subsection
and shall remain available until expended.’’; and
(3) in subsection (d) (as redesignated by paragraph (1)),
by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’.
SEC. 2602. TECHNICAL ASSISTANCE.

Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841)
is amended by striking subsection (c) (as redesignated by section
2601(b)(1)) and inserting the following:
‘‘(c) TECHNICAL ASSISTANCE.—
‘‘(1) AVAILABILITY.—Commodity Credit Corporation funds
made available for a fiscal year for each of the programs specified in subsection (a)—
‘‘(A) shall be available for the provision of technical
assistance for the programs for which funds are made
available as necessary to implement the programs effectively;
‘‘(B) except for technical assistance for the conservation
reserve program under subchapter B of chapter 1 of subtitle

128 STAT. 758

PUBLIC LAW 113–79—FEB. 7, 2014
D, shall be apportioned for the provision of technical assistance in the amount determined by the Secretary, at the
sole discretion of the Secretary; and
‘‘(C) shall not be available for the provision of technical
assistance for conservation programs specified in subsection
(a) other than the program for which the funds were made
available.
‘‘(2) PRIORITY.—
‘‘(A) IN GENERAL.—In the delivery of technical assistance under the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590a et seq.), the Secretary shall give priority to producers who request technical assistance from
the Secretary in order to comply for the first time with
the requirements of subtitle B and subtitle C of this title
as a result of the amendments made by section 2611 of
the Agricultural Act of 2014.
‘‘(B) REPORT.—Not later than 270 days after the date
of enactment of the Agricultural Act of 2014, 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 regarding
the extent to which the conservation compliance requirements contained in the amendments made by section 2611
of the Agricultural Act of 2014 apply to and impact specialty crop growers, including national analysis and surveys
to determine the extent of specialty crop acreage that
includes highly erodible land and wetlands.
‘‘(3) REPORT.—Not later than December 31, 2014, the Secretary shall submit (and update as necessary in subsequent
years) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report—
‘‘(A) detailing the amount of technical assistance funds
requested and apportioned in each program specified in
subsection (a) during the preceding fiscal year; and
‘‘(B) any other data relating to this provision that
would be helpful to such Committees.
‘‘(4) COMPLIANCE REPORT.—Not later than November 1 of
each 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 includes—
‘‘(A) a description of the extent to which the requests
for highly erodible land conservation and wetland compliance determinations are being addressed in a timely
manner;
‘‘(B) the total number of requests completed in the
previous fiscal year;
‘‘(C) the incomplete determinations on record; and
‘‘(D) the number of requests that are still outstanding
more than 1 year since the date on which the requests
were received from the producer.’’.

SEC. 2603. REGIONAL EQUITY.

Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841)
is amended by striking subsection (e) (as redesignated by section
2601(b)(1)) and inserting the following:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 759

‘‘(e) REGIONAL EQUITY.—
‘‘(1) EQUITABLE DISTRIBUTION.—When determining funding
allocations each fiscal year, the Secretary shall, after considering available funding and program demand in each State,
provide a distribution of funds for conservation programs under
subtitle D (excluding the conservation reserve program under
subchapter B of chapter 1), subtitle H, and subtitle I to ensure
equitable program participation proportional to historical
funding allocations and usage by all States.
‘‘(2) MINIMUM PERCENTAGE.—In determining the specific
funding allocations under paragraph (1), the Secretary shall—
‘‘(A) ensure that during the first quarter of each fiscal
year each State has the opportunity to establish that the
State can use an aggregate allocation amount of at least
0.6 percent of the funds made available for those conservation programs; and
‘‘(B) for each State that can so establish, provide an
aggregate amount of at least 0.6 percent of the funds
made available for those conservation programs.’’.
SEC. 2604. RESERVATION OF FUNDS TO PROVIDE ASSISTANCE TO CERTAIN FARMERS OR RANCHERS FOR CONSERVATION
ACCESS.

Subsection (h) of section 1241 of the Food Security Act of
1985 (16 U.S.C. 3841) (as redesignated by section 2601(b)(1)) is
amended—
(1) in paragraph (1) by striking ‘‘2012’’ and inserting ‘‘2018’’;
and
(2) by adding at the end the following new paragraph:
‘‘(4) PREFERENCE.—In providing assistance under paragraph (1), the Secretary shall give preference to a veteran
farmer or rancher (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))) that qualifies under subparagraph (A) or (B) of paragraph (1).’’.

SEC. 2605. ANNUAL REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.

Subsection (i) of section 1241 of the Food Security Act of 1985
(16 U.S.C. 3841) (as redesignated by section 2601(b)(1)) is
amended—
(1) in paragraph (1), by striking ‘‘wetlands reserve program’’
and inserting ‘‘agricultural conservation easement program’’;
(2) by striking paragraphs (2) and (3) and redesignating
paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4),
respectively;
(3) in paragraph (3) (as so redesignated)—
(A) by striking ‘‘agricultural water enhancement program’’ and inserting ‘‘regional conservation partnership program’’; and
(B) by striking ‘‘1240I(g)’’ and inserting ‘‘1271C(c)(3)’’;
and
(4) by adding at the end the following:
‘‘(5) Payments made under the conservation stewardship
program.
‘‘(6) Exceptions provided by the Secretary under section
1265B(b)(2)(C).’’.

128 STAT. 760

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 2606. ADMINISTRATIVE REQUIREMENTS APPLICABLE TO ALL
CONSERVATION PROGRAMS.

Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844)
is amended—
(1) in subsection (a)(2), by adding at the end the following
new subparagraph:
‘‘(E) Veteran farmers or ranchers (as defined in section
2501(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(e))).’’;
(2) in subsection (d), by inserting ‘‘, H, and I’’ before the
period at the end;
(3) in subsection (f)—
(A) in paragraph (1)(B), by striking ‘‘country’’ and
inserting ‘‘county’’; and
(B) in paragraph (3), by striking ‘‘subsection (c)(2)(B)
or (f)(4)’’ and inserting ‘‘subsection (d)(2)(A)(ii) or (g)(2)’’;
(4) in subsection (h)(2), by inserting ‘‘, including, to the
extent practicable, practices that maximize benefits for honey
bees’’ after ‘‘pollinators’’; and
(5) by adding at the end the following new subsections:
‘‘(j) IMPROVED ADMINISTRATIVE EFFICIENCY AND EFFECTIVENESS.—In administrating a conservation program under this title,
the Secretary shall, to the maximum extent practicable—
‘‘(1) seek to reduce administrative burdens and costs to
producers by streamlining conservation planning and program
resources; and
‘‘(2) take advantage of new technologies to enhance efficiency and effectiveness.
‘‘(k) RELATION TO OTHER PAYMENTS.—Any payment received
by an owner or operator under this title, including an easement
payment or rental payment, shall be in addition to, and not affect,
the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following:
‘‘(1) This Act.
‘‘(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
‘‘(3) The Agricultural Act of 2014.
‘‘(4) Any law that succeeds a law specified in paragraph
(1), (2), or (3).
‘‘(l) FUNDING FOR INDIAN TRIBES.—In carrying out the conservation stewardship program under subchapter B of chapter 2 of subtitle D and the environmental quality incentives program under
chapter 4 of subtitle D, the Secretary may enter into alternative
funding arrangements with Indian tribes if the Secretary determines that the goals and objectives of the programs will be met
by such arrangements, and that statutory limitations regarding
contracts with individual producers will not be exceeded by any
tribal member.’’.
SEC. 2607. STANDARDS FOR STATE TECHNICAL COMMITTEES.

Section 1261(b) of the Food Security Act of 1985 (16 U.S.C.
3861(b)) is amended by striking ‘‘Not later than 180 days after
the date of enactment of the Food, Conservation, and Energy Act
of 2008, the Secretary shall develop’’ and inserting ‘‘The Secretary
shall review and update as necessary’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 761

SEC. 2608. RULEMAKING AUTHORITY.

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
new section:
‘‘SEC. 1246. REGULATIONS.

‘‘(a) IN GENERAL.—The Secretary shall promulgate such regulations as are necessary to implement programs under this title,
including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations
established under section 1244(f).
‘‘(b) RULEMAKING PROCEDURE.—The promulgation of regulations and administration of programs under this title—
‘‘(1) shall be carried out without regard to chapter 35
of title 44, United States Code (commonly known as the Paperwork Reduction Act); and
‘‘(2) shall be made as an interim rule effective on publication with an opportunity for notice and comment.
‘‘(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In
promulgating regulations under this section, the Secretary shall
use the authority provided under section 808 of title 5, United
States Code.’’.
SEC. 2609. WETLANDS MITIGATION.

Section 1222(k) of the Food Security Act of 1985 (16 U.S.C.
3822(k)) is amended to read as follows:
‘‘(k) MITIGATION BANKING.—
‘‘(1) MITIGATION BANKING PROGRAM.—
‘‘(A) IN GENERAL.—Using authorities available to the
Secretary, the Secretary shall operate a program or work
with third parties to establish mitigation banks to assist
persons in complying with the provisions of this section
while mitigating any loss of wetland values and functions.
‘‘(B) FUNDING.—Of the funds of the Commodity Credit
Corporation, the Secretary shall use $10,000,000, to remain
available until expended, to carry out this paragraph.
‘‘(2) APPLICABILITY.—Subsection (f)(2)(C) shall not apply
to this subsection.
‘‘(3) POLICY AND CRITERIA.—The Secretary shall develop
the appropriate policy and criteria that will allow willing persons to access existing mitigation banks, under this section
or any other authority, that will serve the purposes of this
section without requiring the Secretary to hold an easement,
in whole or in part, in a mitigation bank.’’.

SEC. 2610. LESSER PRAIRIE-CHICKEN CONSERVATION REPORT.

(a) IN GENERAL.—Not later than 90 days after the date of
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 containing the results of a review and analysis
of each of the activities (including those administered by the Secretary) that pertain to the conservation of the lesser prairie-chicken,
including the conservation reserve program, the environmental
quality incentives program, the Lesser Prairie-Chicken Initiative,
the Western Association of Fish and Wildlife Agencies Candidate
Conservation Agreement with Assurances for Oil and Gas, and

16 USC 3846.

128 STAT. 762

PUBLIC LAW 113–79—FEB. 7, 2014

the Western Association of Fish and Wildlife Agencies Lesser
Prairie-Chicken Range-Wide Conservation Plan.
(b) CONTENTS.—The Secretary shall include in the report
required by this section, at a minimum—
(1) with respect to each activity described in subsection
(a) as it relates to the conservation of the lesser prairie-chicken,
findings regarding—
(A) the cost of the activity to the Federal Government,
impacted State governments, and the private sector;
(B) the conservation effectiveness of the activity; and
(C) the cost effectiveness of the activity; and
(2) a ranking of the activities described in subsection (a)
based on their relative cost effectiveness.
SEC. 2611. HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION
FOR CROP INSURANCE.

(a) HIGHLY ERODIBLE LAND PROGRAM INELIGIBILITY.—
(1) IN GENERAL.—Section 1211(a)(1) of the Food Security
Act of 1985 (16 U.S.C. 3811(a)(1)) is amended—
(A) in subparagraph (C), by striking ‘‘or’’ at the end;
(B) in subparagraph (D), by adding ‘‘or’’ at the end;
and
(C) by adding at the end the following:
‘‘(E) any portion of the premium paid by the Federal
Crop Insurance Corporation for a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.), on the condition that if a person is determined
to have committed a violation under this subsection during
a crop year, ineligibility under this subparagraph shall—
‘‘(i) only apply to reinsurance years subsequent
to the date of final determination of a violation,
including all administrative appeals; and
‘‘(ii) not apply to the existing reinsurance year
or any reinsurance year prior to the date of final determination;’’.
(2) EXEMPTIONS.—Section 1212(a)(2) of the Food Security
Act of 1985 (16 U.S.C. 3812(a)(2)) is amended—
(A) in the first sentence, by striking ‘‘(2) If,’’ and
inserting the following:
‘‘(2) ELIGIBILITY BASED ON COMPLIANCE WITH CONSERVATION
PLAN.—
‘‘(A) IN GENERAL.—If,’’;
(B) in the second sentence, by striking ‘‘In carrying’’
and inserting the following:
‘‘(B) MINIMIZATION OF DOCUMENTATION.—In carrying’’;
and
(C) by adding at the end the following:
‘‘(C) CROP INSURANCE.—
‘‘(i) OPERATIONS NEW TO COMPLIANCE.—Notwithstanding section 1211(a), in the case of a person that
is subject to section 1211 for the first time solely due
to the amendment made by section 2611(a) of the Agricultural Act of 2014, any person who produces an
agricultural commodity on the land that is the basis
of the payments described in section 1211(a)(1)(E) shall
have 5 reinsurance years after the date on which such
payments become subject to section 1211 to develop

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 763

and comply with an approved conservation plan so
as to maintain eligibility for such payments.
‘‘(ii) EXISTING OPERATIONS WITH PRIOR VIOLATIONS.—Notwithstanding section 1211(a), in the case
of a person that the Secretary determines would have
been in violation of section 1211(a) if the person had
continued participation in the programs requiring
compliance at any time after the date of enactment
of the Agricultural Act of 2014 and is currently in
violation of section 1211(a), the person shall have 2
reinsurance years after the date on which the payments described in section 1211(a)(1)(E) become subject
to section 1211 to develop and comply with an approved
conservation plan, as determined by the Secretary, so
as to maintain eligibility for such payments.
‘‘(iii) APPLICABLE REINSURANCE YEAR.—Ineligibility
for the payment described in section 1211(a)(1)(E) for
a violation under this subparagraph during a crop
year shall—
‘‘(I) only apply to reinsurance years subsequent
to the date of a final determination of a violation,
including all administrative appeals; and
‘‘(II) not apply to the existing reinsurance year
or any reinsurance year prior to the date of the
final determination.’’.
(3) CROP INSURANCE PREMIUM ASSISTANCE.—Section 1213(d)
of the Food Security Act of 1985 (16 U.S.C. 3812a(d)) is
amended by adding at the end the following:
‘‘(4) CROP INSURANCE PREMIUM ASSISTANCE.—For the purpose of determining the eligibility of a person for the payment
described in section 1211(a)(1)(E), the Secretary shall apply
the procedures described in section 1221(c)(3)(E) and coordinate
the certification process so as to avoid duplication or unnecessary paperwork.’’.
(b) WETLAND CONSERVATION PROGRAM INELIGIBILITY.—Section
1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended—
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) INELIGIBILITY FOR CROP INSURANCE PREMIUM ASSISTANCE.—
‘‘(1) REQUIREMENTS.—
‘‘(A) IN GENERAL.—If a person is determined to have
committed a violation under subsection (a) or (d) during
a crop year, the person shall be ineligible to receive any
payment of any portion of premium paid by the Federal
Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) pursuant to this subsection.
‘‘(B) APPLICABILITY.—Ineligibility under this subsection
shall—
‘‘(i) only apply to reinsurance years subsequent
to the date of a final determination of a violation,
including all administrative appeals; and
‘‘(ii) not apply to the existing reinsurance year
or any reinsurance year prior to the date of the final
determination.

128 STAT. 764

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(2) CONVERSIONS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1),
ineligibility for crop insurance premium assistance shall
apply in accordance with this paragraph.
‘‘(B) NEW CONVERSIONS.—In the case of a wetland that
the Secretary determines was converted after the date of
enactment of the Agricultural Act of 2014—
‘‘(i) the person shall be ineligible to receive crop
insurance premium subsidies in subsequent reinsurance years unless the Secretary determines that an
exemption pursuant to section 1222 applies; or
‘‘(ii) for any violation that the Secretary determines
impacts less than 5 acres of an entire farm, the person
may pay a contribution in an amount equal to 150
percent of the cost of mitigation, as determined by
the Secretary, to the fund described in section 1241(f)
for wetland restoration in lieu of ineligibility to receive
crop insurance premium assistance.
‘‘(C) PRIOR CONVERSIONS.—In the case of a wetland
that the Secretary determines was converted prior to the
date of enactment of the Agricultural Act of 2014, ineligibility under this subsection shall not apply.
‘‘(D) CONVERSIONS AND NEW POLICIES OR PLANS OF
INSURANCE.—In the case of an agricultural commodity for
which an individual policy or plan of insurance is available
for the first time to the person after the date of enactment
of the Agricultural Act of 2014—
‘‘(i) ineligibility shall apply only to conversions that
take place after the date on which the policy or plan
of insurance first becomes available to the person; and
‘‘(ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior
conversion in a timely manner but not to exceed 2
reinsurance years.
‘‘(3) LIMITATIONS.—
‘‘(A) MITIGATION REQUIRED.—Except as otherwise provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation described in subsection (d) shall have 1 reinsurance
year to initiate a mitigation plan to remedy the violation,
as determined by the Secretary, before becoming ineligible
under this subsection in the following reinsurance year
to receive any payment of any portion of the premium
paid by the Federal Crop Insurance Corporation for a policy
or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
‘‘(B) PERSONS COVERED FOR THE FIRST TIME.—Notwithstanding the requirements of paragraph (1), in the case
of a person that is subject to this subsection for the first
time solely due to the amendment made by section 2611(b)
of the Agricultural Act of 2014, the person shall have
2 reinsurance years after the reinsurance year in which
a final determination is made, including all administrative
appeals, of a violation described in this subsection to take
such steps as the Secretary determines appropriate to
remedy or mitigate the violation in accordance with this
subsection.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 765

‘‘(C) GOOD FAITH.—If the Secretary determines that
a person subject to a final determination, including all
administrative appeals, of a violation described in this subsection acted in good faith and without intent to commit
a violation described in this subsection as described in
section 1222(h), the person shall have 2 reinsurance years
to take such steps as the Secretary determines appropriate
to remedy or mitigate the violation in accordance with
this subsection.
‘‘(D) TENANT RELIEF.—
‘‘(i) IN GENERAL.—If a tenant is determined to be
ineligible for payments and other benefits under this
subsection, the Secretary may limit the ineligibility
only to the farm that is the basis for the ineligibility
determination if the tenant has established, to the
satisfaction of the Secretary that—
‘‘(I) the tenant has made a good faith effort
to meet the requirements of this section, including
enlisting the assistance of the Secretary to obtain
a reasonable plan for restoration or mitigation for
the farm;
‘‘(II) the landlord on the farm refuses to comply
with the plan on the farm; and
‘‘(III) the Secretary determines that the lack
of compliance is not a part of a scheme or device
to avoid the compliance.
‘‘(ii) 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 concerning
the ineligibility determinations limited during the previous 12-month period under this subparagraph.
‘‘(E) CERTIFICATE OF COMPLIANCE.—
‘‘(i) IN GENERAL.—Beginning with the first full
reinsurance year immediately following the date of
enactment of this paragraph, all persons seeking eligibility for the payment of a portion of the premium
paid by the Federal Crop Insurance Corporation for
a policy or plan of insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) shall provide
certification of compliance with this section as determined by the Secretary.
‘‘(ii) TIMELY EVALUATION.—The Secretary shall
evaluate the certification in a timely manner and—
‘‘(I) a person who has properly complied with
certification shall be held harmless with regard
to eligibility during the period of evaluation; and
‘‘(II) if the Secretary fails to evaluate the certification in a timely manner and the person is
subsequently found to be in violation of this subsection, ineligibility shall not apply to the person
for that violation.
‘‘(iii) EQUITABLE CONTRIBUTION.—
‘‘(I) IN GENERAL.—If a person fails to notify
the Secretary as required and is subsequently
found to be in violation of this subsection, the
Secretary shall—

128 STAT. 766

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(aa) determine the amount of an equitable contribution to conservation by the person for the violation; and
‘‘(bb) deposit the contribution in the fund
described in section 1241(f).
‘‘(II) LIMITATION.—The contribution shall not
exceed the total of the portion of the premium
paid by the Federal Crop Insurance Corporation
for a policy or plan of insurance for all years
the person is determined to have been in violation
subsequent to the date on which certification was
first required under this subparagraph.
‘‘(4) DUTIES OF THE SECRETARY.—
‘‘(A) IN GENERAL.—In carrying out this subsection, the
Secretary shall use existing processes and procedures for
certifying compliance.
‘‘(B) RESPONSIBILITY.—The Secretary, acting through
the agencies of the Department of Agriculture, shall be
solely responsible for determining whether a producer is
eligible to receive crop insurance premium subsidies in
accordance with this subsection.
‘‘(C) LIMITATION.—The Secretary shall ensure that no
agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears
responsibility or liability for the eligibility of an insured
producer under this subsection, other than in cases of
misrepresentation, fraud, or scheme and device.’’.

Subtitle H—Repeal of Superseded Program
Authorities and Transitional Provisions;
Technical Amendments
SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM.

Section 1230 of the Food Security Act of 1985 (16 U.S.C. 3830)
is repealed.
SEC. 2702. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.

16 USC 3831
note.

(a) REPEAL.—Except as provided in subsection (b), section
1231A of the Food Security Act of 1985 (16 U.S.C. 3831a) is
repealed.
(b) TRANSITIONAL PROVISIONS.—
(1) EFFECT ON EXISTING CONTRACTS AND AGREEMENTS.—
The amendment made by this section shall not affect the
validity or terms of any contract or agreement entered into
by the Secretary of Agriculture under section 1231A of the
Food Security Act of 1985 (16 U.S.C. 3831a) before the date
of enactment of the Agricultural Act of 2014, or any payments
required to be made in connection with the contract or agreement.
(2) FUNDING.—The Secretary may use funds made available
to carry out 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.) to continue to carry out

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 767

contracts or agreements referred to in paragraph (1) using
the provisions of law and regulation applicable to such contracts
or agreements as in existence on the day before the date of
enactment of the Agricultural Act of 2014.
SEC. 2703. WETLANDS RESERVE PROGRAM.

(a) REPEAL.—Except as provided in subsection (b), subchapter
C of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3837 et seq.) is repealed.
(b) TRANSITIONAL PROVISIONS.—
(1) EFFECT ON EXISTING CONTRACTS, AGREEMENTS, AND
EASEMENTS.—The amendment made by this section shall not
affect the validity or terms of any contract, agreement, or
easement entered into by the Secretary of Agriculture under
subchapter C of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before
the date of enactment of the Agricultural Act of 2014, or any
payments required to be made in connection with the contract,
agreement, or easement.
(2) FUNDING.—
(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the
repeal of subchapter C of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3837
et seq.), any funds made available from the Commodity
Credit Corporation to carry out the wetlands reserve program under that subchapter for fiscal years 2009 through
2013 shall be made available to carry out contracts, agreements, or easements referred to in paragraph (1) that were
entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical
assistance), provided that no such contract, agreement, or
easement is modified so as to increase the amount of the
payment received.
(B) OTHER.—The Secretary may use funds made available to carry out the agricultural conservation easement
program under subtitle H of title XII of the Food Security
Act of 1985, as added by section 2301, to continue to
carry out contracts, agreements, and easements referred
to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.

16 USC 3837
and note,
3837a–3837f.

SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM VIABILITY
PROGRAM.

(a) REPEAL.—Except as provided in subsection (b), subchapter
C of chapter 2 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3838h et seq.) is repealed.
(b) TRANSITIONAL PROVISIONS.—
(1) EFFECT ON EXISTING AGREEMENTS AND EASEMENTS.—
The amendment made by this section shall not affect the
validity or terms of any agreement or easement entered into
by the Secretary of Agriculture under subchapter C of chapter
2 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3838h et seq.) before the date of enactment of the
Agricultural Act of 2014, or any payments required to be made
in connection with the agreement or easement.
(2) FUNDING.—

16 USC 3838h
and note, 3838i,
3838j.

128 STAT. 768

PUBLIC LAW 113–79—FEB. 7, 2014
(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the
repeal of subchapter C of chapter 2 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3838h
et seq.), any funds made available from the Commodity
Credit Corporation to carry out the farmland protection
program under that subchapter for fiscal years 2009
through 2013 shall be made available to carry out agreements and easements referred to in paragraph (1) that
were entered into prior to the date of enactment of the
Agricultural Act of 2014 (including the provision of technical assistance).
(B) OTHER.—On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food
Security Act of 1985, as added by section 2301, to continue
to carry out agreements and easements referred to in paragraph (1) using the provisions of law and regulation
applicable to such agreements and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.

SEC. 2705. GRASSLAND RESERVE PROGRAM.

16 USC 3838n
and note,
3838o–3838q.

(a) REPEAL.—Except as provided in subsection (b), subchapter
D of chapter 2 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3838n et seq.) is repealed.
(b) TRANSITIONAL PROVISIONS.—
(1) EFFECT ON EXISTING CONTRACTS, AGREEMENTS, AND
EASEMENTS.—The amendment made by this section shall not
affect the validity or terms of any contract, agreement, or
easement entered into by the Secretary of Agriculture under
subchapter D of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.) before
the date of enactment of the Agricultural Act of 2014, or any
payments required to be made in connection with the contract,
agreement, or easement.
(2) FUNDING.—
(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the
repeal of subchapter D of chapter 2 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3838n
et seq.), any funds made available from the Commodity
Credit Corporation to carry out the grassland reserve program under that subchapter for fiscal years 2009 through
2013 shall be made available to carry out contracts, agreements, or easements referred to in paragraph (1) that were
entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical
assistance), provided that no such contract, agreement, or
easement is modified so as to increase the amount of the
payment received.
(B) OTHER.—The Secretary may use funds made available to carry out the agricultural conservation easement
program under subtitle H of title XII of the Food Security
Act of 1985, as added by section 2301, to continue to
carry out contracts, agreements, and easements referred

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 769

to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.
SEC. 2706. AGRICULTURAL WATER ENHANCEMENT PROGRAM.

(a) REPEAL.—Except as provided in subsection (b), section 1240I
of the Food Security Act of 1985 (16 U.S.C. 3839aa–9) is repealed.
(b) TRANSITIONAL PROVISIONS.—
(1) EFFECT ON EXISTING CONTRACTS AND AGREEMENTS.—
The amendment made by this section shall not affect the
validity or terms of any contract or agreement entered into
by the Secretary of Agriculture under section 1240I of the
Food Security Act of 1985 (16 U.S.C. 3839aa–9) before the
date of enactment of the Agricultural Act of 2014, or any
payments required to be made in connection with the contract
or agreement.
(2) FUNDING.—
(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the
repeal of section 1240I of the Food Security Act of 1985
(16 U.S.C. 3839aa–9), any funds made available from the
Commodity Credit Corporation to carry out the agricultural
water enhancement program under that section for fiscal
years 2009 through 2013 shall be made available to carry
out contracts and agreements referred to in paragraph
(1) that were entered into prior to the date of enactment
of the Agricultural Act of 2014 (including the provision
of technical assistance).
(B) OTHER.—On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the regional conservation partnership
program under subtitle I of title XII of the Food Security
Act of 1985, as added by section 2401, to continue to
carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation
applicable to such contracts and agreements as in existence
on the day before the date of enactment of the Agricultural
Act of 2014.

16 USC
3839aa–9 note.

SEC. 2707. WILDLIFE HABITAT INCENTIVE PROGRAM.

16 USC
3839bb–1 note.

(a) REPEAL.—Except as provided in subsection (b), section
1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb–1)
is repealed.
(b) TRANSITIONAL PROVISIONS.—
(1) EFFECT ON EXISTING CONTRACTS AND AGREEMENTS.—
The amendment made by this section shall not affect the
validity or terms of any contract or agreement entered into
by the Secretary of Agriculture under section 1240N of the
Food Security Act of 1985 (16 U.S.C. 3839bb–1) before the
date of enactment of the Agricultural Act of 2014, or any
payments required to be made in connection with the contract
or agreement.
(2) FUNDING.—
(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the
repeal of section 1240N of the Food Security Act of 1985
(16 U.S.C. 3839bb–1), any funds made available from the
Commodity Credit Corporation to carry out the wildlife
habitat incentive program under that section for fiscal

128 STAT. 770

PUBLIC LAW 113–79—FEB. 7, 2014
years 2009 through 2013 shall be made available to carry
out contracts or agreements referred to in paragraph (1)
which were entered into prior to the date of enactment
of the Agricultural Act of 2014 (including the provision
of technical assistance).
(B) OTHER.—On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the environmental quality incentives
program under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) to
continue to carry out contracts or agreements referred to
in paragraph (1) using the provisions of law and regulation
applicable to such contracts or agreements as in existence
on the day before the date of enactment of the Agricultural
Act of 2014.

SEC. 2708. GREAT LAKES BASIN PROGRAM.

Section 1240P of the Food Security Act of 1985 (16 U.S.C.
3839bb–3) is repealed.
SEC. 2709. CHESAPEAKE BAY WATERSHED PROGRAM.
16 USC
3839bb–4 note.

(a) REPEAL.—Except as provided in subsection (b), section
1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb–4)
is repealed.
(b) TRANSITIONAL PROVISIONS.—
(1) EFFECT ON EXISTING CONTRACTS, AGREEMENTS, AND
EASEMENTS.—The amendment made by this section shall not
affect the validity or terms of any contract, agreement, or
easement entered into by the Secretary of Agriculture under
section 1240Q of the Food Security Act of 1985 (16 U.S.C.
3839bb–4) before the date of enactment of the Agricultural
Act of 2014, or any payments required to be made in connection
with the contract, agreement, or easement.
(2) FUNDING.—
(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the
repeal of section 1240Q of the Food Security Act of 1985
(16 U.S.C. 3839bb–4), any funds made available from the
Commodity Credit Corporation to carry out the Chesapeake
Bay watershed program under that section for fiscal years
2009 through 2013 shall be made available to carry out
contracts, agreements, and easements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance).
(B) OTHER.—The Secretary may use funds made available to carry out the regional conservation partnership
program under subtitle I of title XII of the Food Security
Act of 1985, as added by section 2401, to continue to
carry out contracts, agreements, and easements referred
to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014.

16 USC 3843
note.

SEC. 2710. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.

(a) REPEAL.—Except as provided in subsection (b), section 1243
of the Food Security Act of 1985 (16 U.S.C. 3843) is repealed.
(b) TRANSITIONAL PROVISIONS.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 771

(1) EFFECT ON EXISTING CONTRACTS AND AGREEMENTS.—
The amendment made by this section shall not affect the
validity or terms of any contract or agreement entered into
by the Secretary of Agriculture under section 1243 of the Food
Security Act of 1985 (16 U.S.C. 3843) before the date of enactment of the Agricultural Act of 2014, or any payments required
to be made in connection with the contract or agreement.
(2) FUNDING.—
(A) USE OF PRIOR YEAR FUNDS.—Notwithstanding the
repeal of section 1243 of the Food Security Act of 1985
(16 U.S.C. 3843), any funds made available from the Commodity Credit Corporation to carry out the cooperative
conservation partnership initiative under that section for
fiscal years 2009 through 2013 shall be made available
to carry out contracts and agreements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance).
(B) OTHER.—On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the regional conservation partnership
program under subtitle I of title XII of the Food Security
Act of 1985, as added by section 2401, to continue to
carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation
applicable to such contracts and agreements as in existence
on the day before the date of enactment of the Agricultural
Act of 2014.
SEC. 2711. ENVIRONMENTAL EASEMENT PROGRAM.

Chapter 3 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839 et seq.) is repealed.
SEC. 2712. TEMPORARY ADMINISTRATION OF CONSERVATION PROGRAMS.

(a) APPLICABILITY.—This section is applicable to activities
under—
(1) the wetlands reserve program, the farmland protection
program, and the farm viability program being merged into
the agricultural conservation easement program under the
amendment made by section 2301;
(2) the wildlife habitat incentive program being merged
into the environmental quality incentives program under the
amendments made by subtitle C;
(3) the agricultural water enhancement program, the
Chesapeake Bay watershed program, the cooperative conservation partnership initiative, and the Great Lakes basin program
being merged into the regional conservation partnership program under the amendment made by section 2401; and
(4) the grassland reserve program being merged into the
conservation reserve program under the amendments made
by subtitle A and into the agricultural conservation easement
program under the amendment made by section 2301.
(b) INTERIM ADMINISTRATION.—Subject to subsection (d), with
respect to the implementation of the agricultural conservation easement program under subtitle H of title XII of the Food Security
Act of 1985, as added by section 2301, the amendments to the
environmental quality incentives program made by subtitle C, the

16 USC
3839–3839d.
16 USC 3801
note.

128 STAT. 772

PUBLIC LAW 113–79—FEB. 7, 2014

regional conservation partnership program under subtitle I of title
XII of the Food Security Act of 1985, as added by section 2401,
and the amendments to the conservation reserve program made
by subtitle A, 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 wetlands reserve program, the grassland reserve
program, the farmland protection program, the farm viability program, the wildlife habitat incentive program, the agricultural water
enhancement program, the Chesapeake Bay watershed program,
the cooperative conservation partnership initiative, and the Great
Lakes basin program repealed by this subtitle, to the extent that
the terms and conditions of such regulations are consistent with—
(1) the provisions of the agricultural conservation easement
program and the regional conservation partnership program;
and
(2) the amendments to the environmental quality incentives
program and the conservation reserve program made by this
title.
(c) FUNDING.—The Secretary may only use funds authorized
in this title or in the amendments made by this title for the
specific programs listed in subsection (b), including any restrictions
on the use of those funds, for the purposes identified in paragraphs
(1) and (2) of subsection (b).
(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out subsection (b) shall terminate on the date
that is 270 days after the date of enactment of this Act.
(e) PERMANENT ADMINISTRATION.—Effective beginning on the
termination date described in subsection (d), the Secretary shall
provide technical assistance, financial assistance, and easement
enrollment in accordance with any final regulations that the Secretary considers necessary to carry out this title and the amendments made by this title.
SEC. 2713. TECHNICAL AMENDMENTS.

(a) DEFINITIONS.—Section 1201(a) of the Food Security Act of
1985 (16 U.S.C. 3801(a)) is amended in the matter preceding paragraph (1) by striking ‘‘E’’ and inserting ‘‘I’’.
(b) PROGRAM INELIGIBILITY.—Section 1211(a) of the Food Security Act of 1985 (16 U.S.C. 3811(a)) is amended by striking
‘‘predominate’’ each place it appears and inserting ‘‘predominant’’.
(c) SPECIALTY CROP PRODUCERS.—Section 1242(i) of the Food
Security Act of 1985 (16 U.S.C. 3842(i)) is amended in the header
by striking ‘‘SPECIALITY’’ and inserting ‘‘SPECIALTY’’.

TITLE III—TRADE
Subtitle A—Food for Peace Act
SEC. 3001. GENERAL AUTHORITY.

Section 201 of the Food for Peace Act (7 U.S.C. 1721) is
amended—
(1) in the matter preceding paragraph (1), by inserting
‘‘(to be implemented by the Administrator)’’ after ‘‘under this
title’’; and
(2) by striking paragraph (7) and the second sentence and
inserting the following new paragraph:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 773

‘‘(7) build resilience to mitigate and prevent food crises
and reduce the future need for emergency aid.’’.
SEC. 3002. SET-ASIDE FOR SUPPORT FOR ORGANIZATIONS THROUGH
WHICH NONEMERGENCY ASSISTANCE IS PROVIDED.

Section 202(e) of the Food for Peace Act (7 U.S.C. 1722(e))
is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘13 percent’’ and inserting ‘‘20 percent’’;
(B) in subparagraph (A), by striking ‘‘new’’ and
inserting ‘‘and enhancing’’;
(C) by striking subparagraph (B);
(D) by redesignating subparagraph (C) as subparagraph (D); and
(E) by inserting after subparagraph (A) the following
new subparagraphs:
‘‘(B) meeting specific administrative, management, personnel, transportation, storage, and distribution costs for
carrying out programs in foreign countries under this title;
‘‘(C) implementing income-generating, community
development, health, nutrition, cooperative development,
agricultural, and other developmental activities within 1
or more recipient countries or within 1 or more countries
in the same region; and’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) INVESTMENT AUTHORITY.—An eligible organization that
receives funds made available under paragraph (1) may invest
the funds pending the eligible organization’s use of the funds.
Any interest earned on such investment may be used for the
purposes for which the assistance was provided to the eligible
organization without further appropriation by Congress.’’.
SEC. 3003. FOOD AID QUALITY.

Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h))
is amended—
(1) by striking paragraph (1) and inserting the following
new paragraph:
‘‘(1) IN GENERAL.—The Administrator shall use funds made
available for fiscal year 2014 and subsequent fiscal years to
carry out this title—
‘‘(A) to assess the types and quality of agricultural
commodities and products donated for food aid;
‘‘(B) to adjust products and formulations, including
potential introduction of new fortificants and products, as
necessary to cost-effectively meet nutrient needs of target
populations;
‘‘(C) to test prototypes;
‘‘(D) to adopt new specifications or improve existing
specifications for micronutrient fortified food aid products,
based on the latest developments in food and nutrition
science, and in coordination with other international partners;
‘‘(E) to develop new program guidance to facilitate
improved matching of products to purposes having nutritional intent, in coordination with other international partners;

128 STAT. 774

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(F) to develop improved guidance for implementing
partners on how to address nutritional deficiencies that
emerge among recipients for whom food assistance is the
sole source of diet in emergency programs that extend
beyond 1 year, in coordination with other international
partners; and
‘‘(G) to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or
modified specialized food products and program approaches
designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and
children under the age of 5.’’; and
(2) in paragraph (3), by striking ‘‘fiscal years 2009 through
2011’’ and inserting ‘‘fiscal years 2014 through 2018’’.

SEC. 3004. MINIMUM LEVELS OF ASSISTANCE.

Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a))
is amended—
(1) in paragraph (1), by striking ‘‘2012’’ and inserting
‘‘2018’’; and
(2) in paragraph (2), by striking ‘‘2012’’ and inserting
‘‘2018’’.
SEC. 3005. FOOD AID CONSULTATIVE GROUP.

(a) MEMBERSHIP.—Section 205(b) of the Food for Peace Act
(7 U.S.C. 1725(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new paragraph:
‘‘(7) representatives from the United States agricultural
processing sector involved in providing agricultural commodities
for programs under this Act; and’’.
(b) CONSULTATION.—Section 205(d) of the Food for Peace Act
(7 U.S.C. 1725(d)) is amended—
(1) by striking the first sentence and inserting the following:
‘‘(1) CONSULTATION IN ADVANCE OF ISSUANCE OF
IMPLEMENTATION REGULATIONS, HANDBOOKS, AND GUIDELINES.—
Not later than 45 days before a proposed regulation, handbook,
or guideline implementing this title, or a proposed significant
revision to a regulation, handbook, or guideline implementing
this title, becomes final, the Administrator shall provide the
proposal to the Group for review and comment.’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) CONSULTATION REGARDING FOOD AID QUALITY
EFFORTS.—The Administrator shall seek input from and consult
with the Group on the implementation of section 202(h).’’.
(c) REAUTHORIZATION.—Section 205(f) of the Food for Peace
Act (7 U.S.C. 1725(f)) is amended by striking ‘‘2012’’ and inserting
‘‘2018’’.
SEC. 3006. OVERSIGHT, MONITORING, AND EVALUATION.

(a) REGULATIONS AND GUIDANCE.—Section 207(c) of the Food
for Peace Act (7 U.S.C. 1726a(c)) is amended—
(1) in the subsection heading, by inserting ‘‘AND GUIDANCE’’
after ‘‘REGULATIONS’’;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 775

(2) in paragraph (1), by adding at the end the following
new sentence: ‘‘Not later than 270 days after the date of the
enactment of the Agricultural Act of 2014, the Administrator
shall issue all regulations and revisions to agency guidance
necessary to implement the amendments made to this title
by such Act.’’; and
(3) in paragraph (2), by inserting ‘‘and guidance’’ after
‘‘develop regulations’’.
(b) FUNDING.—Section 207(f) of the Food for Peace Act (7 U.S.C.
1726a(f)) is amended—
(1) in paragraph (2)(F), by striking ‘‘upgraded’’ and
inserting ‘‘maintenance of’’;
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively; and
(4) in paragraph (4) (as so redesignated)—
(A) in subparagraph (A), by striking ‘‘$22,000,000’’ and
all that follows through the period at the end and inserting
‘‘$17,000,000 of the funds made available under this title
for each of fiscal years 2014 through 2018, except for paragraph (2)(F), for which not more than $500,000 shall be
made available for each of the fiscal years 2014 through
2018.’’; and
(B) in subparagraph (B)(i), by striking ‘‘2012’’ and
inserting ‘‘2018’’.
(c) IMPLEMENTATION REPORTS.—Not later than 270 days after
the date of the enactment of this Act, the Administrator of the
Agency for International Development shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and
the Committees on Agriculture and Foreign Affairs of the House
of Representatives a report describing—
(1) the implementation of section 207(c) of the Food for
Peace Act (7 U.S.C. 1726a(c));
(2) the surveys, studies, monitoring, reporting, and audit
requirements for programs conducted under title II of such
Act (7 U.S.C. 1721 et seq.) by an eligible organization that
is a nongovernmental organization (as such term is defined
in section 402 of such Act (7 U.S.C. 1732)); and
(3) the surveys, studies, monitoring, reporting, and audit
requirements for such programs by an eligible organization
that is an intergovernmental organization, such as the World
Food Program or other multilateral organization.
SEC. 3007. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION, DELIVERY, AND DISTRIBUTION OF SHELFSTABLE PREPACKAGED FOODS.

Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f))
is amended by striking ‘‘$8,000,000 for each of fiscal years 2001
through 2012’’ and inserting ‘‘$10,000,000 for each of fiscal years
2014 through 2018’’.

SEC. 3008. IMPACT ON LOCAL FARMERS AND ECONOMY AND REPORT
ON USE OF FUNDS.

(a) IMPACT ON LOCAL FARMERS AND ECONOMY.—Section 403(b)
of the Food for Peace Act (7 U.S.C. 1733(b)) is amended by adding
at the end the following new sentence: ‘‘The Secretary or the
Administrator, as appropriate, shall seek information, as part of
the regular proposal and submission process, from implementing

128 STAT. 776

PUBLIC LAW 113–79—FEB. 7, 2014

agencies on the potential costs and benefits to the local economy
of sales of agricultural commodities within the recipient country.’’.
(b) REPORT ON USE OF FUNDS.—Section 403 of the Food for
Peace Act (7 U.S.C. 1733) is amended by adding at the end the
following new subsection:
‘‘(m) REPORT ON USE OF FUNDS.—
‘‘(1) REPORT REQUIRED.—Not later than 180 days after the
date of the enactment of the Agricultural Act of 2014, and
annually thereafter, the Administrator shall submit to Congress
a report that—
‘‘(A) specifies 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 in the previous fiscal
year;
‘‘(B) describes how those funds were used by the eligible
organization;
‘‘(C) describes the actual rate of return for each commodity made available under this Act, including—
‘‘(i) factors that influenced the rate of return; and
‘‘(ii) 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
determines to be necessary; and
‘‘(D) for each instance in which a commodity was made
available under this Act at a rate of return less than
70 percent, describes the reasons for the rate of return
realized.
‘‘(2) RATE OF RETURN DESCRIBED.—For purposes of applying
paragraph (1)(C), 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.’’.
SEC. 3009. PREPOSITIONING OF AGRICULTURAL COMMODITIES.

Section 407(c)(4) of the Food for Peace Act (7 U.S.C. 1736a(c)(4))
is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘2012’’ and inserting ‘‘2018’’; and
(B) by striking ‘‘for each such fiscal year not more
than $10,000,000 of such funds’’ and inserting ‘‘for each
of fiscal years 2001 through 2013 not more than
$10,000,000 of such funds and for each of fiscal years
2014 through 2018 not more than $15,000,000 of such
funds’’; and
(2) by striking subparagraph (B) and inserting the following
new subparagraph:
‘‘(B) ADDITIONAL PREPOSITIONING SITES.—The Administrator may establish additional sites for prepositioning in
foreign countries or change the location of current sites
for prepositioning in foreign countries after conducting,

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 777

and based on the results of, assessments of need, the availability of appropriate technology for long-term storage, feasibility, and cost.’’.
SEC. 3010. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND
ACTIVITIES.

Section 407(f)(1) of the Food for Peace Act (7 U.S.C. 1736a(f)(1))
is amended—
(1) in the paragraph heading, by striking ‘‘AGRICULTURAL
TRADE’’ and inserting ‘‘FOOD AID’’;
(2) in subparagraph (B)(ii), by inserting before the semicolon at the end the following: ‘‘and the total number of beneficiaries of the project and the activities carried out through
such project’’; and
(3) in subparagraph (B)(iii)—
(A) in the matter preceding subclause (I), by inserting
‘‘, and the total number of beneficiaries in,’’ after ‘‘commodities made available to’’;
(B) by striking ‘‘and’’ at the end of subclause (I);
(C) by inserting ‘‘and’’ at the end of subclause (II);
and
(D) by inserting after subclause (II) the following new
subclause:
‘‘(III) 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);’’.

SEC. 3011. 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 ‘‘2012’’ and inserting ‘‘2018’’.

SEC. 3012. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.

Subsection (e) of section 412 of the Food for Peace Act (7
U.S.C. 1736f) is amended to read as follows:
‘‘(e) MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), of the amounts
made available to carry out emergency and nonemergency food
assistance programs under title II, not less than 20 nor more
than 30 percent for each of fiscal years 2014 through 2018
shall be expended for nonemergency food assistance programs
under title II.
‘‘(2) MINIMUM LEVEL.—The amount made available to carry
out nonemergency food assistance programs under title II shall
not be less than $350,000,000 for any fiscal year.’’.

SEC. 3013. MICRONUTRIENT FORTIFICATION PROGRAMS.

(a) ELIMINATION OF OBSOLETE REFERENCE TO STUDY.—Section
415(a)(2)(B) of the Food for Peace Act (7 U.S.C. 1736g–2(a)(2)(B))
is amended by striking ‘‘, using recommendations’’ and all that
follows through ‘‘quality enhancements’’.
(b) EXTENSION.—Section 415(c) of the Food for Peace Act (7
U.S.C. 1736g–2(c)) is amended by striking ‘‘2012’’ and inserting
‘‘2018’’.

128 STAT. 778

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 3014. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TOFARMER PROGRAM.

(a) FUNDING AND REAUTHORIZATION OF PROGRAM.—Section 501
of the Food for Peace Act (7 U.S.C. 1737) is amended—
(1) in subsection (d), in the matter preceding paragraph
(1), by striking ‘‘2012’’ and inserting ‘‘2013, and not less than
the greater of $15,000,000 or 0.6 percent of the amounts made
available for each of fiscal years 2014 through 2018,’’; and
(2) in subsection (e)(1), by striking ‘‘2012’’ and inserting
‘‘2018’’.
(b) COMPTROLLER GENERAL REPORT.—Not later than 270 days
after the date of enactment of this Act, the Comptroller General
of the United States shall submit to Congress a report that contains—
(1) a review of the John Ogonowski and Doug Bereuter
Farmer-to-Farmer Program authorized by section 501 of the
Food for Peace Act (7 U.S.C. 1737); and
(2) recommendations relating to actions that the Comptroller General determines to be necessary to improve the monitoring and evaluation of assistance provided under such program.
SEC. 3015. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS
REPORT.

Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is
amended—
(1) by striking ‘‘(a) IN GENERAL.—To the maximum’’ and
inserting ‘‘To the maximum’’; and
(2) by striking subsection (b).

Subtitle B—Agricultural Trade Act of 1978
SEC. 3101. EXPORT CREDIT GUARANTEE PROGRAM.

(a) SHORT-TERM CREDIT GUARANTEES.—Section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amended—
(1) in subsection (a), by striking ‘‘3-year’’ and inserting
‘‘24-month’’;
(2) in subsection (d), by striking ‘‘country’’ and inserting
‘‘obligor’’;
(3) by striking subsection (i);
(4) by redesignating subsections (j) and (k) as subsections
(i) and (j), respectfully; and
(5) in subsection (j)(2) (as so redesignated)—
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) through (E)
as subparagraphs (A) through (C), respectfully;
(C) in subparagraph (B) (as so redesignated), by
striking ‘‘and’’ at the end;
(D) in subparagraph (C) (as so redesignated)—
(i) by striking ‘‘, but do not exceed,’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(E) by adding at the end the following new subparagraph:
‘‘(D) notwithstanding any other provision of this section, administer and carry out (only after consulting with

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 779

the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition and
Forestry of the Senate) the program pursuant to such terms
as may be agreed between the parties to address the World
Trade Organization dispute WTO/DS267 to the extent not
superseded by any applicable international undertakings
on officially supported export credits to which the United
States is a party.’’.
(b) FUNDING.—Subsection (b) of section 211 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5641) is amended to read as follows:
‘‘(b) EXPORT CREDIT GUARANTEE PROGRAM.—The Commodity
Credit Corporation shall make available for each fiscal year
$5,500,000,000 of credit guarantees under section 202(a).’’.
SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM.

Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641(c)(1)(A)) is amended by striking ‘‘2012’’ and inserting
‘‘2018’’.

SEC. 3103. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.

Section 703(a) of the Agricultural Trade Act of 1978 (7 U.S.C.
5723(a)) is amended by striking ‘‘2012’’ and inserting ‘‘2018’’.

Subtitle C—Other Agricultural Trade Laws
SEC. 3201. FOOD FOR PROGRESS ACT OF 1985.

(a) EXTENSION.—The Food for Progress Act of 1985 (7 U.S.C.
1736o) is amended—
(1) in subsection (f)(3), by striking ‘‘2012’’ and inserting
‘‘2018’’;
(2) in subsection (g), by striking ‘‘2012’’ and inserting
‘‘2018’’;
(3) in subsection (k), by striking ‘‘2012’’ and inserting
‘‘2018’’; and
(4) in subsection (l)(1), by striking ‘‘2012’’ and inserting
‘‘2018’’.
(b) REPEAL OF COMPLETED PROJECT.—Subsection (f) of the Food
for Progress Act of 1985 (7 U.S.C. 1736o) is amended by striking
paragraph (6).
SEC. 3202. 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 ‘‘2012’’ both places
it appears and inserting ‘‘2018’’; and
(2) in subsection (h), by striking ‘‘2012’’ both places it
appears and inserting ‘‘2018’’.

SEC. 3203. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING
MARKETS.

(a) DIRECT CREDITS OR EXPORT CREDIT GUARANTEES.—Section
1542(a) of the Food, Agriculture, Conservation, and Trade Act of
1990 (Public Law 101–624; 7 U.S.C. 5622 note) is amended by
striking ‘‘2012’’ and inserting ‘‘2018’’.
(b) DEVELOPMENT
OF
AGRICULTURAL
SYSTEMS.—Section
1542(d)(1)(A)(i) of the Food, Agriculture, Conservation, and Trade

128 STAT. 780

PUBLIC LAW 113–79—FEB. 7, 2014

Act of 1990 (Public Law 101–624; 7 U.S.C. 5622 note) is amended
by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 3204. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION
AND CHILD NUTRITION PROGRAM.

(a) REAUTHORIZATION.—Section 3107(l)(2) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(l)(2)) is
amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
(b) TECHNICAL CORRECTION.—Section 3107(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(d)) is
amended by striking ‘‘to’’ in the matter preceding paragraph (1).
SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.

(a) PURPOSE.—Section 3205(b) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680(b)) is amended by striking
‘‘related barriers to trade’’ and inserting ‘‘technical barriers to
trade’’.
(b) FUNDING.—Section 3205(e)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 5680(e)(2)) is amended—
(1) by inserting ‘‘and’’ at the end of subparagraph (C);
and
(2) by striking subparagraphs (D) and (E) and inserting
the following new subparagraph:
‘‘(D) $9,000,000 for each of fiscal years 2011 through
2018.’’.
(c) U.S. ATLANTIC SPINY DOGFISH STUDY.—Not later than 90
days after the date of the enactment of this Act, the Secretary
shall conduct an economic study on the existing market in the
United States for U.S. Atlantic Spiny Dogfish.
SEC. 3206. GLOBAL CROP DIVERSITY TRUST.

Section 3202(c) of the Food, Conservation, and Energy Act
of 2008 (Public Law 110–246; 22 U.S.C. 2220a note) is amended
by striking ‘‘2008 through 2012’’ and inserting ‘‘2014 through 2018’’.

SEC.

3207.

LOCAL AND
PROJECTS.

REGIONAL

FOOD

AID

PROCUREMENT

Section 3206 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 1726c) is amended—
(1) in subsection (b)—
(A) by striking ‘‘(b) STUDY; FIELD-BASED PROJECTS.—
’’ and all that follows through ‘‘(2) FIELD-BASED PROJECTS.—
’’ and inserting the following:
‘‘(b) FIELD-BASED PROJECTS.—’’;
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting appropriately;
(C) in paragraph (1) (as so redesignated), by striking
‘‘subparagraph (B)’’ and inserting ‘‘paragraph (2)’’; and
(D) in paragraph (2) (as so redesignated), by striking
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’;
(2) in subsection (c)(1), by striking ‘‘subsection (b)(2)’’ and
inserting ‘‘subsection (b)’’;
(3) by striking subsections (d), (f), and (g);
(4) by redesignating subsection (e) as subsection (d);
(5) in subsection (d) (as so redesignated)—
(A) in paragraph (2)—
(i) by striking subparagraph (B); and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 781

(ii) in subparagraph (A)—
(I) by striking ‘‘(A) APPLICATION.—’’ and all
that follows through ‘‘To be eligible’’ in clause (i)
and inserting the following:
‘‘(A) IN GENERAL.—To be eligible’’;
(II) by redesignating clause (ii) as subparagraph (B) and indenting appropriately; and
(III) in subparagraph (B) (as so redesignated),
by striking ‘‘clause (i)’’ and inserting ‘‘subparagraph (A)’’; and
(B) by striking paragraph (4); and
(6) by adding at the end the following new subsection:
‘‘(e) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $80,000,000
for each of fiscal years 2014 through 2018.
‘‘(2) PREFERENCE.—In carrying out this section, the Secretary may give a preference to eligible organizations that
have, or are working toward, projects under the McGovernDole International Food for Education and Child Nutrition
Program established under section 3107 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 1736o–1).
‘‘(3) REPORTING.—Each year, the Secretary shall submit
to the appropriate committees of Congress a report that
describes the use of funds under this section, including—
‘‘(A) the impact of procurements and projects on—
‘‘(i) local and regional agricultural producers; and
‘‘(ii) markets and consumers, including low-income
consumers; and
‘‘(B) implementation time frames and costs.’’.
SEC. 3208. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND
FOREIGN AGRICULTURAL AFFAIRS.

(a) DEFINITION OF AGRICULTURE COMMITTEES AND SUBCOMMITthis section, the term ‘‘agriculture committees and subcommittees’’ means—
(1) the Committee on Agriculture of the House of Representatives;
(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(3) the subcommittees on agriculture, rural development,
food and drug administration, and related agencies of the
Committees on Appropriations of the House of Representatives
and the Senate.
(b) PROPOSAL.—
(1) IN GENERAL.—The Secretary, in consultation with the
agriculture committees and subcommittees, shall propose a
reorganization of international trade functions for imports and
exports of the Department of Agriculture.
(2) CONSIDERATIONS.—In producing the proposal under this
section, the Secretary shall—
(A) in recognition of the importance of agricultural
exports to the farm economy and the economy as a whole,
include a plan for the establishment of an Under Secretary
of Agriculture for Trade and Foreign Agricultural Affairs;
TEES.—In

7 USC 6935.

128 STAT. 782

PUBLIC LAW 113–79—FEB. 7, 2014

(B) take into consideration how the Under Secretary
described in subparagraph (A) would serve as a multiagency coordinator of sanitary and phytosanitary issues
and nontariff trade barriers in agriculture with respect
to imports and exports of agricultural products; and
(C) take into consideration all implications of a reorganization described in paragraph (1) on domestic programs
and operations of the Department of Agriculture.
(3) REPORT.—Not later than 180 days after the date of
enactment of this Act and before the reorganization described
in paragraph (1) can take effect, the Secretary shall submit
to the agriculture committees and subcommittees a report
that—
(A) includes the results of the proposal under this
section; and
(B) provides a notice of the reorganization plan.
(4) IMPLEMENTATION.—Not later than 1 year after the date
of the submission of the report under paragraph (3), the Secretary shall implement a reorganization of international trade
functions for imports and exports of the Department of Agriculture, including the establishment of an Under Secretary
of Agriculture for Trade and Foreign Agricultural Affairs.
(c) CONFIRMATION REQUIRED.—The position of Under Secretary
of Agriculture for Trade and Foreign Agricultural Affairs established
under subsection (b)(2)(A) shall be appointed by the President,
by and with the advice and consent of the Senate.

TITLE IV—NUTRITION
Subtitle A—Supplemental Nutrition
Assistance Program
SEC. 4001. PREVENTING PAYMENT OF CASH TO RECIPIENTS OF
SUPPLEMENTAL NUTRITION ASSISTANCE BENEFITS FOR
THE RETURN OF EMPTY BOTTLES AND CANS USED TO
CONTAIN FOOD PURCHASED WITH BENEFITS PROVIDED
UNDER THE PROGRAM.

Section 3(k)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(k)(1)) is amended—
(1) by striking ‘‘and hot foods’’ and inserting ‘‘hot foods’’;
and
(2) by adding at the end the following: ‘‘and any deposit
fee in excess of the amount of the State fee reimbursement
(if any) required to purchase any food or food product contained
in a returnable bottle or can, regardless of whether the fee
is included in the shelf price posted for the food or food
product,’’.
SEC. 4002. RETAIL FOOD STORES.

(a) DEFINITION OF RETAIL FOOD STORE.—Section 3(p)(1)(A) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(1)(A)) is
amended—
(1) by inserting ‘‘at least 7’’ after ‘‘a variety of’’; and
(2) by striking ‘‘at least 2’’ and inserting ‘‘at least 3’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 783

(b) ALTERNATIVE BENEFIT DELIVERY.—Section 7(f) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2016(f)) is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) IMPOSITION OF COSTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall require participating retail food
stores (including restaurants participating in a State option
restaurant program intended to serve the elderly, disabled,
and homeless) to pay 100 percent of the costs of acquiring,
and arrange for the implementation of, electronic benefit
transfer point-of-sale equipment and supplies, including
related services.
‘‘(B) EXEMPTIONS.—The Secretary may exempt from
subparagraph (A)—
‘‘(i) farmers’ markets and other direct-to-consumer
markets, military commissaries, nonprofit food buying
cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 3(k); and
‘‘(ii) establishments described in paragraphs (3),
(4), and (9) of section 3(k), other than restaurants
participating in a State option restaurant program.
‘‘(C) INTERCHANGE FEES.—Nothing in this paragraph
permits the charging of fees relating to the redemption
of supplemental nutrition assistance program benefits, in
accordance with subsection (h)(13).’’; and
(2) by adding at the end the following:
‘‘(4) TERMINATION OF MANUAL VOUCHERS.—
‘‘(A) IN GENERAL.—Effective beginning on the date of
enactment of this paragraph, except as provided in
subparagraph (B), no State shall issue manual vouchers
to a household that receives supplemental nutrition assistance under this Act or allow retail food stores to accept
manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as
in the event of an electronic benefit transfer system failure
or a disaster situation.
‘‘(B) EXEMPTIONS.—The Secretary may exempt categories of retail food stores or individual retail food stores
from subparagraph (A) based on criteria established by
the Secretary.
‘‘(5) UNIQUE IDENTIFICATION NUMBER REQUIRED.—
‘‘(A) IN GENERAL.—To enhance the anti-fraud protections of the program, the Secretary shall require all parties
providing electronic benefit transfer services to provide for
and maintain unique terminal identification number
information through the supplemental nutrition assistance
program electronic benefit transfer transaction routing
system.
‘‘(B) REGULATIONS.—
‘‘(i) IN GENERAL.—Not earlier than 2 years after
the date of enactment of this paragraph, the Secretary
shall issue proposed regulations to carry out this paragraph.
‘‘(ii) COMMERCIAL PRACTICES.—In issuing regulations to carry out this paragraph, the Secretary shall

128 STAT. 784

PUBLIC LAW 113–79—FEB. 7, 2014

consider existing commercial practices for other pointof-sale debit transactions.’’.
(c) ELECTRONIC BENEFIT TRANSFER AUDITABILITY.—Section
7(h)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(2)(C)) is amended by striking clause (ii) and inserting the
following:
‘‘(ii) unless determined by the Secretary to be
located in an area with significantly limited access
to food, measures that require an electronic benefit
transfer system—
‘‘(I) to set and enforce sales restrictions based
on benefit transfer payment eligibility by using
scanning or product lookup entry; and
‘‘(II) to deny benefit tenders for manually
entered sales of ineligible items.’’.
(d) ELECTRONIC BENEFIT TRANSFERS.—Section 7(h)(3)(B) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended
by striking ‘‘is operational—’’ and all that follows through ‘‘(ii)
in the case of other participating stores,’’ and inserting ‘‘is operational’’.
(e) APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD
CONCERNS.—Section 9 of the Food and Nutrition Act of 2008 (7
U.S.C. 2018) is amended—
(1) in subsection (a)(1), in the second sentence, by striking
‘‘; and (C)’’ and inserting ‘‘; (C) whether the applicant is located
in an area with significantly limited access to food; and (D)’’;
(2) in subsection (c), in the first sentence, by inserting
‘‘purchase invoices, or program-related records,’’ after ‘‘relevant
income and sales tax filing documents,’’; and
(3) by adding at the end the following:
‘‘(g) EBT SERVICE REQUIREMENT.—An approved retail food store
shall provide adequate EBT service as described in section
7(h)(3)(B).’’.
SEC.

4003.

ENHANCING SERVICES TO ELDERLY AND
SUPPLEMENTAL NUTRITION ASSISTANCE
PARTICIPANTS.

DISABLED
PROGRAM

(a) ENHANCING SERVICES TO ELDERLY AND DISABLED PROGRAM
PARTICIPANTS.—Section 3(p) of the Food and Nutrition Act of 2008
(7 U.S.C. 2012(p)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (4) the following:
‘‘(5) a governmental or private nonprofit food purchasing
and delivery service that—
‘‘(A) purchases food for, and delivers the food to,
individuals who are—
‘‘(i) unable to shop for food; and
‘‘(ii)(I) not less than 60 years of age; or
‘‘(II) physically or mentally handicapped or otherwise disabled;
‘‘(B) clearly notifies the participating household at the
time the household places a food order—
‘‘(i) of any delivery fee associated with the food
purchase and delivery provided to the household by
the service; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 785

‘‘(ii) that a delivery fee cannot be paid with benefits
provided under supplemental nutrition assistance program; and
‘‘(C) sells food purchased for the household at the price
paid by the service for the food and without any additional
cost markup.’’.
(b) IMPLEMENTATION.—
(1) ISSUANCE OF RULES.—The Secretary shall issue regulations that—
(A) establish criteria to identify a food purchasing and
delivery service referred to in section 3(p)(5) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2012(p)(5)); and
(B) establish procedures to ensure that the service—
(i) does not charge more for a food item than
the price paid by the service for the food item;
(ii) offers food delivery service at no or low cost
to households under that Act;
(iii) ensures that benefits provided under the
supplemental nutrition assistance program are used
only to purchase food (as defined in section 3 of that
Act (7 U.S.C. 2012));
(iv) limits the purchase of food, and the delivery
of the food, to households eligible to receive services
described in section 3(p)(5) of that Act (7 U.S.C.
2012(p)(5));
(v) has established adequate safeguards against
fraudulent activities, including unauthorized use of
electronic benefit cards issued under that Act; and
(vi) meets such other requirements as the Secretary determines to be appropriate.
(2) LIMITATION.—Before the issuance of rules under paragraph (1), the Secretary may not approve more than 20 food
purchasing and delivery services referred to in section 3(p)(5)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(5))
to participate as retail food stores under the supplemental
nutrition assistance program.

7 USC 2012 note.

SEC. 4004. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.

(a) IN GENERAL.—Section 4(b)(6)(F) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b)(6)(F)) is amended by striking ‘‘2012’’
and inserting ‘‘2018’’.
(b) FEASIBILITY STUDY, REPORT, AND DEMONSTRATION PROJECT
FOR INDIAN TRIBES.—
(1) DEFINITIONS.—In this subsection:
(A) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’ and
‘‘Indian tribe’’ have the meaning given the terms in section
4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(B) 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. 450b).
(2) STUDY.—The Secretary shall conduct a study to determine the feasibility of tribal administration of Federal food
assistance programs, services, functions, and activities (or portions thereof), in lieu of State agencies or other administrating
entities.

7 USC 2013 note.

128 STAT. 786

PUBLIC LAW 113–79—FEB. 7, 2014
(3) REPORT.—Not later than 18 months 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 that—
(A) contains a list of programs, services, functions,
and activities with respect to which it would be feasible
to be administered by a tribal organization;
(B) a description of whether that administration would
necessitate a statutory or regulatory change; and
(C) such other issues that may be determined by the
Secretary and developed through consultation pursuant to
paragraph (4).
(4) CONSULTATION WITH INDIAN TRIBES.—In developing the
report required by paragraph (3), the Secretary shall consult
with tribal organizations.
(5) FUNDING.—Out of any funds made available under section 18 for fiscal year 2014, the Secretary shall make available
to carry out the study and report described in paragraphs
(2) and (3) $1,000,000, to remain available until expended.
(6) TRADITIONAL AND LOCAL FOODS DEMONSTRATION
PROJECT.—
(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall pilot a demonstration project
by awarding a grant to 1 or more tribal organizations
authorized to administer the food distribution program on
Indian reservations under section 4(b) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2013(b)) for the purpose
of purchasing nutritious and traditional foods, and when
practicable, foods produced locally by Indian producers,
for distribution to recipients of foods distributed under
that program.
(B) ADMINISTRATION.—The Secretary may award a
grant on a noncompetitive basis to 1 or more tribal
organizations that have the administrative and financial
capability to conduct a demonstration project, as determined by the Secretary.
(C) CONSULTATION, TECHNICAL ASSISTANCE, AND
TRAINING.—During the implementation phase of the demonstration project, the Secretary shall consult with Indian
tribes and provide outreach to Indian farmers, ranchers,
and producers regarding the training and capacity to
participate in the demonstration project.
(D) FUNDING.—
(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$2,000,000 for each of fiscal years 2014 through 2018.
(ii) RELATIONSHIP TO OTHER AUTHORITIES.—The
funds and authorities provided under this subparagraph are in addition to any other funds or authorities
the Secretary may have to carry out activities described
in this paragraph.

SEC. 4005. EXCLUSION OF MEDICAL MARIJUANA FROM EXCESS MEDICAL EXPENSE DEDUCTION.

Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(5)) is amended by adding at the end the following:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 787

‘‘(C) EXCLUSION OF MEDICAL MARIJUANA.—The Secretary shall promulgate rules to ensure that medical marijuana is not treated as a medical expense for purposes
of this paragraph.’’.
SEC. 4006. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT
OF ENERGY ASSISTANCE PAYMENTS.

(a) STANDARD UTILITY ALLOWANCES IN THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM.—Section 5(e)(6)(C) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)) is amended—
(1) in clause (i), by inserting ‘‘, subject to clause (iv)’’
after ‘‘Secretary’’; and
(2) in clause (iv), by striking subclause (I) and inserting
the following:
‘‘(I) IN GENERAL.—Subject to subclause (II),
if a State agency elects to use a standard utility
allowance that reflects heating and cooling costs,
the standard utility allowance shall be made available to households that received a payment, or
on behalf of which a payment was made, under
the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.) or other similar
energy assistance program, if in the current month
or in the immediately preceding 12 months, the
household either received such a payment, or such
a payment was made on behalf of the household,
that was greater than $20 annually, as determined
by the Secretary.’’.
(b) CONFORMING AMENDMENT.—Section 2605(f)(2)(A) of the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(f)(2)(A)) is amended by inserting before the semicolon the
following: ‘‘, except that, for purposes of the supplemental nutrition
assistance program established under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were
greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I)
of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the
Secretary of Agriculture’’.
(c) APPLICATION AND IMPLEMENTATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), this
section and the amendments made by this section shall—
(A) take effect 30 days after the date of enactment
of this Act; and
(B) apply with respect to certification periods that
begin after that date.
(2) STATE OPTION TO DELAY IMPLEMENTATION FOR CURRENT
RECIPIENTS.—A State may, at the option of the State, implement
a policy that eliminates or reduces the effect of the amendments
made by this section on households that received a standard
utility allowance as of the date of enactment of this Act, for
not more than a 5-month period beginning on the date on
which the amendments would otherwise apply to the respective
household.
SEC. 4007. ELIGIBILITY DISQUALIFICATIONS.

Section 6(e)(3)(B) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(e)(3)(B)) is amended by striking ‘‘section;’’ and inserting
the following:

7 USC 2014 note.

128 STAT. 788

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘section, subject to the condition that the course or
program of study—
‘‘(i) is part of a program of career and technical
education (as defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302)) that may be completed in not more than 4
years at an institution of higher education (as defined
in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)); or
‘‘(ii) is limited to remedial courses, basic adult
education, literacy, or English as a second language;’’.

SEC. 4008. ELIGIBILITY DISQUALIFICATIONS FOR CERTAIN CONVICTED
FELONS.

7 USC 2014 note.

(a) IN GENERAL.—Section 6 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015) is amended by adding at the end the
following:
‘‘(r) DISQUALIFICATION FOR CERTAIN CONVICTED FELONS.—
‘‘(1) IN GENERAL.—An individual shall not be eligible for
benefits under this Act if—
‘‘(A) the individual is convicted of—
‘‘(i) aggravated sexual abuse under section 2241
of title 18, United States Code;
‘‘(ii) murder under section 1111 of title 18, United
States Code;
‘‘(iii) an offense under chapter 110 of title 18,
United States Code;
‘‘(iv) a Federal or State offense involving sexual
assault, as defined in 40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(a)); or
‘‘(v) an offense under State law determined by
the Attorney General to be substantially similar to
an offense described in clause (i), (ii), or (iii); and
‘‘(B) the individual is not in compliance with the terms
of the sentence of the individual or the restrictions under
subsection (k).
‘‘(2) EFFECTS ON ASSISTANCE AND BENEFITS FOR OTHERS.—
The amount of benefits otherwise required to be provided to
an eligible household under this Act shall be determined by
considering the individual to whom paragraph (1) applies not
to be a member of the household, except that the income
and resources of the individual shall be considered to be income
and resources of the household.
‘‘(3) ENFORCEMENT.—Each State shall require each individual applying for benefits under this Act to attest to whether
the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph
(1).’’.
(b) CONFORMING AMENDMENT.—Section 5(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second
sentence by striking ‘‘sections 6(b), 6(d)(2), and 6(g)’’ and inserting
‘‘subsections (b), (d)(2), (g), and (r) of section 6’’.
(c) INAPPLICABILITY TO CONVICTIONS OCCURRING ON OR BEFORE
ENACTMENT.—The amendments made by this section shall not apply
to a conviction if the conviction is for conduct occurring on or
before the date of enactment of this Act.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 789

SEC. 4009. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS FOR LOTTERY OR GAMBLING WINNERS.

(a) IN GENERAL.—Section 6 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015) (as amended by section 4008) is amended
by adding at the end the following:
‘‘(s) INELIGIBILITY FOR BENEFITS DUE TO RECEIPT OF SUBSTANTIAL LOTTERY OR GAMBLING WINNINGS.—
‘‘(1) IN GENERAL.—Any household in which a member
receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings.
‘‘(2) DURATION OF INELIGIBILITY.—A household described
in paragraph (1) shall remain ineligible for participation until
the household meets the allowable financial resources and
income eligibility requirements under subsections (c), (d), (e),
(f), (g), (i), (k), (l), (m), and (n) of section 5.
‘‘(3) AGREEMENTS.—As determined by the Secretary, each
State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation
or sponsorship of gaming in the State to determine whether
individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling
winnings.’’.
SEC. 4010. IMPROVING SECURITY OF FOOD ASSISTANCE.

Section 7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(8)) is amended—
(1) in the paragraph heading, by striking ‘‘CARD FEE’’ and
inserting ‘‘OF CARDS’’;
(2) by striking ‘‘A State’’ and inserting the following:
‘‘(A) FEES.—A State’’; and
(3) by adding after subparagraph (A) (as so designated)
the following:
‘‘(B) PURPOSEFUL LOSS OF CARDS.—
‘‘(i) IN GENERAL.—Subject to terms and conditions
established by the Secretary in accordance with clause
(ii), if a household makes excessive requests for replacement of the electronic benefit transfer card of the
household, the Secretary may require a State agency
to decline to issue a replacement card to the household
unless the household, upon request of the State agency,
provides an explanation for the loss of the card.
‘‘(ii) REQUIREMENTS.—The terms and conditions
established by the Secretary shall provide that—
‘‘(I) the household be given the opportunity
to provide the requested explanation and meet
the requirements under this paragraph promptly;
‘‘(II) after an excessive number of lost cards,
the head of the household shall be required to
review program rights and responsibilities with
State agency personnel authorized to make determinations under section 5(a); and
‘‘(III) any action taken, including actions
required under section 6(b)(2), other than the withholding of the electronic benefit transfer card until
an explanation described in subclause (I) is provided, shall be consistent with the due process

128 STAT. 790

PUBLIC LAW 113–79—FEB. 7, 2014
protections under section 6(b) or 11(e)(10), as
appropriate.
‘‘(C) PROTECTING VULNERABLE PERSONS.—In implementing this paragraph, a State agency shall act to protect
homeless persons, persons with disabilities, victims of
crimes, and other vulnerable persons who lose electronic
benefit transfer cards but are not intentionally committing
fraud.
‘‘(D) EFFECT ON ELIGIBILITY.—While a State may
decline to issue an electronic benefits transfer card until
a household satisfies the requirements under this paragraph, nothing in this paragraph shall be considered a
denial of, or limitation on, the eligibility for benefits under
section 5.’’.

SEC. 4011. TECHNOLOGY MODERNIZATION FOR RETAIL FOOD STORES.

(a) MOBILE TECHNOLOGIES.—Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) (as amended by section 4030(e))
is amended by adding at the end the following:
‘‘(14) MOBILE TECHNOLOGIES.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall approve retail food stores to redeem benefits
through electronic means other than wired point of sale
devices for electronic benefit transfer transactions, if the
retail food stores—
‘‘(i) establish recipient protections regarding privacy, ease of use, access, and support similar to the
protections provided for transactions made in retail
food stores;
‘‘(ii) bear the costs of obtaining, installing, and
maintaining mobile technologies, including mechanisms needed to process EBT cards and transaction
fees;
‘‘(iii) demonstrate the 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;
‘‘(iv) provide adequate documentation for each
authorized transaction, as determined by the Secretary; and
‘‘(v) meet other criteria as established by the Secretary.
‘‘(B) DEMONSTRATION PROJECT ON ACCEPTANCE OF
BENEFITS OF MOBILE TRANSACTIONS.—
‘‘(i) IN GENERAL.—Before authorizing implementation of subparagraph (A) in all States, the Secretary
shall pilot the use of mobile technologies determined
by the Secretary to be appropriate to test the feasibility
and implications for program integrity, by allowing
retail food stores to accept benefits from recipients
of supplemental nutrition assistance through mobile
transactions.
‘‘(ii) DEMONSTRATION PROJECTS.—To be eligible to
participate in a demonstration project under clause

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 791

(i), a retail food store shall submit to the Secretary
for approval a plan that includes—
‘‘(I) a description of the technology;
‘‘(II) the manner by which the retail food store
will provide proof of the transaction to households;
‘‘(III) the provision of data to the Secretary,
consistent with requirements established by the
Secretary, in a manner that allows the Secretary
to evaluate the impact of the demonstration on
participant access, ease of use, and program integrity; and
‘‘(IV) such other criteria as the Secretary may
require.
‘‘(iii) DATE OF COMPLETION.—The demonstration
projects under this subparagraph shall be completed
and final reports submitted to the Secretary by not
later than July 1, 2016.
‘‘(C) REPORT TO CONGRESS.—The Secretary shall—
‘‘(i) by not later than January 1, 2017, authorize
implementation of subparagraph (A) in all States,
unless the Secretary makes a finding, based on the
data provided under subparagraph (B), that
implementation in all States is not in the best interest
of the supplemental nutrition assistance program; and
‘‘(ii) if the determination made in clause (i) is
not to implement subparagraph (A) in all States,
submit a report to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate that
includes the basis of the finding.’’.
(b) ACCEPTANCE OF BENEFITS THROUGH ON-LINE TRANSACTIONS.—
(1) IN GENERAL.—Section 7 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2016) is amended by adding at the end
the following:
‘‘(k) OPTION TO ACCEPT PROGRAM BENEFITS THROUGH ON-LINE
TRANSACTIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (4), the Secretary
shall approve retail food stores to accept benefits from recipients
of supplemental nutrition assistance through on-line transactions.
‘‘(2) REQUIREMENTS TO ACCEPT BENEFITS.—A retail food
store seeking to accept benefits from recipients of supplemental
nutrition assistance through on-line transactions shall—
‘‘(A) establish recipient protections regarding privacy,
ease of use, access, and support similar to the protections
provided for transactions made in retail food stores;
‘‘(B) ensure benefits are not used to pay delivery,
ordering, convenience, or other fees or charges;
‘‘(C) clearly notify participating households at the time
a food order is placed—
‘‘(i) of any delivery, ordering, convenience, or other
fee or charge associated with the food purchase; and
‘‘(ii) that any such fee cannot be paid with benefits
provided under this Act;
‘‘(D) ensure the security of on-line transactions by using
the most effective technology available that the Secretary

128 STAT. 792

PUBLIC LAW 113–79—FEB. 7, 2014
considers appropriate and cost-effective and that is comparable to the security of transactions at retail food stores;
and
‘‘(E) meet other criteria as established by the Secretary.
‘‘(3) STATE AGENCY ACTION.—Each State agency shall
ensure that recipients of supplemental nutrition assistance can
use benefits on-line as described in this subsection as appropriate.
‘‘(4) DEMONSTRATION PROJECT ON ACCEPTANCE OF BENEFITS
THROUGH ON-LINE TRANSACTIONS.—
‘‘(A) IN GENERAL.—Before the Secretary authorizes
implementation of paragraph (1) in all States, the Secretary
shall carry out a number of demonstration projects as
determined by the Secretary to test the feasibility of
allowing retail food stores to accept benefits through online transactions.
‘‘(B) DEMONSTRATION PROJECTS.—To be eligible to
participate in a demonstration project under subparagraph
(A), a retail food store shall submit to the Secretary for
approval a plan that includes—
‘‘(i) a method of ensuring that benefits may be
used to purchase only eligible items under this Act;
‘‘(ii) a description of the method of educating
participant households about the availability and operation of on-line purchasing;
‘‘(iii) adequate testing of the on-line purchasing
option prior to implementation;
‘‘(iv) the provision of data as requested by the
Secretary for purposes of analyzing the impact of the
project on participant access, ease of use, and program
integrity;
‘‘(v) reports on progress, challenges, and results,
as determined by the Secretary; and
‘‘(vi) such other criteria, including security criteria,
as established by the Secretary.
‘‘(C) DATE OF COMPLETION.—The demonstration
projects under this paragraph shall be completed and final
reports submitted to the Secretary by not later than July
1, 2016.
‘‘(5) REPORT TO CONGRESS.—The Secretary shall—
‘‘(A) by not later than January 1, 2017, authorize
implementation of paragraph (1) in all States, unless the
Secretary makes a finding, based on the data provided
under paragraph (4), that implementation in all States
is not in the best interest of the supplemental nutrition
assistance program; and
‘‘(B) if the determination made in subparagraph (A)
is not to implement in all States, submit a report to the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate that includes the basis of the finding.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 7(b) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(b)) is amended by striking ‘‘purchase food
in retail food stores’’ and inserting ‘‘purchase food from
retail food stores’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 793

(B) Section 10 of the Food and Nutrition Act of 2008
(7 U.S.C. 2019) is amended in the first sentence by
inserting ‘‘retail food stores authorized to accept and
redeem benefits through on-line transactions shall be
authorized to accept benefits prior to the delivery of food
if the delivery occurs within a reasonable time of the purchase, as determined by the Secretary,’’ after ‘‘food so purchased,’’.
(c) SAVINGS CLAUSE.—Nothing in this section or an amendment
made by this section alters any requirements of the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) unless specifically
authorized in this section or an amendment made by this section.
SEC. 4012. USE OF BENEFITS FOR PURCHASE OF COMMUNITY-SUPPORTED AGRICULTURE SHARE.

Subsection (o)(4) of section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012) (as redesignated by section 4030(a)(4))
is amended by inserting ‘‘, or agricultural producers who market
agricultural products directly to consumers’’ after ‘‘such food’’.

SEC. 4013. IMPROVED WAGE VERIFICATION USING THE NATIONAL
DIRECTORY OF NEW HIRES.

Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)) is amended—
(1) in paragraph (3), by inserting ‘‘and after compliance
with the requirement specified in paragraph (24)’’ after ‘‘section
16(e) of this Act’’;
(2) in paragraph (22), by striking ‘‘and’’ at the end;
(3) in paragraph (23)(C), by striking the period at the
end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(24) that the State agency shall request wage data directly
from the National Directory of New Hires established under
section 453(i) of the Social Security Act (42 U.S.C. 653(i)) relevant to determining eligibility to receive supplemental nutrition assistance program benefits and determining the correct
amount of those benefits at the time of certification.’’.
SEC. 4014. RESTAURANT MEALS PROGRAM.

(a) IN GENERAL.—Section 11(e) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020(e)) (as amended by section 4013) is
amended—
(1) in paragraph (23)(C), by striking ‘‘and’’ at the end;
(2) in paragraph (24), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(25) if the State elects to carry out a program to contract
with private establishments to offer meals at concessional
prices, as described in paragraphs (3), (4), and (9) of section
3(k)—
‘‘(A) the plans of the State agency for operating the
program, including—
‘‘(i) documentation of a need that eligible homeless,
elderly, and disabled clients are underserved in a particular geographic area;
‘‘(ii) the manner by which the State agency will
limit participation to only those private establishments

7 USC 2016 note.

128 STAT. 794

PUBLIC LAW 113–79—FEB. 7, 2014

that the State determines necessary to meet the need
identified in clause (i); and
‘‘(iii) any other conditions the Secretary may prescribe, such as the level of security necessary to ensure
that only eligible recipients participate in the program;
and
‘‘(B) a report by the State agency to the Secretary
annually, the schedule of which shall be established by
the Secretary, that includes—
‘‘(i) the number of households and individual recipients authorized to participate in the program, including
any information on whether the individual recipient
is elderly, disabled, or homeless; and
‘‘(ii) an assessment of whether the program is
meeting an established need, as documented under
subparagraph (A)(i).’’.
(b) APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD
CONCERNS.—Section 9 of the Food and Nutrition Act of 2008 (7
U.S.C. 2018) (as amended by section 4002(d)(2)) is amended by
adding at the end the following:
‘‘(h) PRIVATE ESTABLISHMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), no private
establishment that contracts with a State agency to offer meals
at concessional prices as described in paragraphs (3), (4), and
(9) of section 3(k) may be authorized to accept and redeem
benefits unless the Secretary determines that the participation
of the private establishment is required to meet a documented
need in accordance with section 11(e)(25).
‘‘(2) EXISTING CONTRACTS.—
‘‘(A) IN GENERAL.—If, on the day before the date of
enactment of this subsection, a State has entered into
a contract with a private establishment described in paragraph (1) and the Secretary has not determined that the
participation of the private establishment is necessary to
meet a documented need in accordance with section
11(e)(25), the Secretary shall allow the operation of the
private establishment to continue without that determination of need for a period not to exceed 180 days from
the date on which the Secretary establishes determination
criteria, by regulation, under section 11(e)(25).
‘‘(B) JUSTIFICATION.—If the Secretary determines to
terminate a contract with a private establishment that
is in effect on the date of enactment of this subsection,
the Secretary shall provide justification to the State in
which the private establishment is located for that termination.
‘‘(3) REPORT TO CONGRESS.—Not later than 90 days after
September 30, 2014, and 90 days after the last day of each
fiscal 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 on the effectiveness of a program under this
subsection using any information received from States under
section 11(e)(25) as well as any other information the Secretary
may have relating to the manner in which benefits are used.’’.
(c) CONFORMING AMENDMENTS.—Section 3(k) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended by inserting

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 795

‘‘subject to section 9(h)’’ after ‘‘concessional prices’’ each place it
appears.
SEC. 4015. MANDATING STATE IMMIGRATION VERIFICATION.

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended by striking subsection (p) and inserting the following:
‘‘(p) STATE VERIFICATION OPTION.—In carrying out the supplemental nutrition assistance program, a State agency shall be
required to use an immigration status verification system established under section 1137 of the Social Security Act (42 U.S.C.
1320b–7), and an income and eligibility verification system, in
accordance with standards set by the Secretary.’’.
SEC. 4016. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.

(a) DATA EXCHANGE STANDARDIZATION.—Section 11 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding
at the end the following:
‘‘(v) DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.—
‘‘(1) DESIGNATION.—The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget, and considering State government
perspectives, designate data exchange standards to govern,
under this Act—
‘‘(A) necessary categories of information that State
agencies operating related programs are required under
applicable law to electronically exchange with another
State agency; and
‘‘(B) Federal reporting and data exchange required
under applicable law.
‘‘(2) REQUIREMENTS.—The data exchange standards
required by paragraph (1) shall, to the maximum extent practicable—
‘‘(A) incorporate a widely accepted, nonproprietary,
searchable, computer-readable format, such as the eXtensible Markup Language;
‘‘(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as the
National Information Exchange Model;
‘‘(C) incorporate interoperable standards developed and
maintained by Federal entities with authority over contracting and financial assistance;
‘‘(D) be consistent with and implement applicable
accounting principles;
‘‘(E) be implemented in a manner that is cost-effective
and improves program efficiency and effectiveness; and
‘‘(F) be capable of being continually upgraded as necessary.
‘‘(3) RULES OF CONSTRUCTION.—Nothing in this subsection
requires a change to existing data exchange standards for Federal reporting found to be effective and efficient.’’.
(b) APPLICATION DATE.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall issue a proposed
rule to carry out the amendments made by this section.
(2) REQUIREMENTS.—The rule shall—

7 USC 2020 note.

128 STAT. 796

PUBLIC LAW 113–79—FEB. 7, 2014
(A) identify federally required data exchanges;
(B) include specification and timing of exchanges to
be standardized;
(C) address the factors used in determining whether
and when to standardize data exchanges;
(D) specify State implementation options; and
(E) describe future milestones.

SEC. 4017. PILOT PROJECTS TO IMPROVE FEDERAL-STATE COOPERATION IN IDENTIFYING AND REDUCING FRAUD IN THE
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C.
2021) is amended by adding at the end the following:
‘‘(i) PILOT PROJECTS TO IMPROVE FEDERAL-STATE COOPERATION
IN IDENTIFYING AND REDUCING FRAUD IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—
‘‘(1) PILOT PROJECTS REQUIRED.—
‘‘(A) IN GENERAL.—The Secretary shall carry out, under
such terms and conditions as are determined by the Secretary, pilot projects to test innovative Federal-State partnerships to identify, investigate, and reduce fraud by retail
food stores and wholesale food concerns in the supplemental
nutrition assistance program, including allowing States to
operate programs to investigate that fraud.
‘‘(B) REQUIREMENT.—At least 1 pilot project described
in subparagraph (A) shall be carried out in an urban area
that is among the 10 largest urban areas in the United
States (based on population), if—
‘‘(i) the supplemental nutrition assistance program
is separately administered in the area; and
‘‘(ii) if the administration of the supplemental
nutrition assistance program in the area complies with
the other applicable requirements of the program.
‘‘(2) SELECTION CRITERIA.—Pilot projects shall be selected
based on criteria the Secretary establishes, which shall
include—
‘‘(A) enhancing existing efforts by the Secretary to
reduce fraud described in paragraph (1)(A);
‘‘(B) requiring participant States to maintain the
overall level of effort of the States at addressing recipient
fraud, as determined by the Secretary, prior to participation
in the pilot project;
‘‘(C) collaborating with other law enforcement authorities as necessary to carry out an effective pilot project;
‘‘(D) commitment of the participant State agency to
follow Federal rules and procedures with respect to investigations described in paragraph (1)(A); and
‘‘(E) the extent to which a State has committed
resources to recipient fraud and the relative success of
those efforts.
‘‘(3) EVALUATION.—
‘‘(A) IN GENERAL.—The Secretary shall evaluate the
pilot projects selected under this subsection to measure
the impact of the pilot projects.
‘‘(B) REQUIREMENTS.—The evaluation shall include—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 797

‘‘(i) the impact of each pilot project on increasing
the capacity of the Secretary to address fraud described
in paragraph (1)(A);
‘‘(ii) the effectiveness of the pilot projects in identifying, preventing and reducing fraud described in paragraph (1)(A); and
‘‘(iii) the cost effectiveness of the pilot projects.
‘‘(4) REPORT TO CONGRESS.—Not later than September 30,
2017, 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 the results of each pilot project,
including—
‘‘(A) an evaluation of the impact of the pilot project
on fraud described in paragraph (1)(A); and
‘‘(B) the costs associated with the pilot project.
‘‘(5) FUNDING.—Any costs incurred by a State to operate
pilot projects under this subsection that are in excess of the
amount expended under this Act to identify, investigate, and
reduce fraud described in paragraph (1)(A) in the respective
State in the previous fiscal year shall not be eligible for Federal
reimbursement under this Act.’’.
SEC. 4018. PROHIBITING GOVERNMENT-SPONSORED RECRUITMENT
ACTIVITIES.

(a) ADMINISTRATIVE COST-SHARING AND QUALITY CONTROL.—
Section 16(a)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(a)(4)) is amended by inserting after ‘‘recruitment activities’’
the following: ‘‘designed to persuade an individual to apply for
program benefits or that promote the program through television,
radio, or billboard advertisements’’.
(b) LIMITATION ON USE OF FUNDS AUTHORIZED TO BE APPROPRIATED UNDER ACT.—Section 18 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2027) is amended by adding at the end the
following:
‘‘(g) BAN ON RECRUITMENT AND PROMOTION ACTIVITIES.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no funds authorized to be appropriated under this Act shall
be used by the Secretary for—
‘‘(A) recruitment activities designed to persuade an
individual to apply for supplemental nutrition assistance
program benefits;
‘‘(B) television, radio, or billboard advertisements that
are designed to promote supplemental nutrition assistance
program benefits and enrollment; or
‘‘(C) any agreements with foreign governments
designed to promote supplemental nutrition assistance program benefits and enrollment.
‘‘(2) LIMITATION.—Paragraph (1)(B) shall not apply to programmatic activities undertaken with respect to benefits made
under section 5(h).’’.
(c) BAN ON RECRUITMENT ACTIVITIES BY ENTITIES THAT RECEIVE
FUNDS.—Section 18 of the Food and Nutrition Act of 2008 (7 U.S.C.
2027) (as amended by subsection (b)) is amended by adding at
the end the following:
‘‘(h) BAN ON RECRUITMENT BY ENTITIES THAT RECEIVE FUNDS.—
The Secretary shall issue regulations that prohibit entities that

128 STAT. 798

PUBLIC LAW 113–79—FEB. 7, 2014

receive funds under this Act to compensate any person for conducting outreach activities relating to participation in, or for
recruiting individuals to apply to receive benefits under, the supplemental nutrition assistance program, if the amount of the compensation would be based on the number of individuals who apply to
receive the benefits.’’.
SEC. 4019. TOLERANCE LEVEL FOR EXCLUDING SMALL ERRORS.

Section 16(c)(1)(A) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(c)(1)(A)) is amended—
(1) by striking ‘‘In carrying’’ and inserting the following:
‘‘(i) IN GENERAL.—In carrying’’; and
(2) by adding at the end the following:
‘‘(ii) TOLERANCE LEVEL FOR EXCLUDING SMALL
ERRORS.—The Secretary shall set the tolerance level
for excluding small errors for the purposes of this
subsection—
‘‘(I) for fiscal year 2014, at an amount not
greater than $37; and
‘‘(II) for each fiscal year thereafter, the amount
specified in subclause (I) adjusted by the percentage by which the thrifty food plan is adjusted
under section 3(u)(4) between June 30, 2013, and
June 30 of the immediately preceding fiscal year.’’.

SEC. 4020. QUALITY CONTROL STANDARDS.

(a) IN GENERAL.—Section 16(c)(1)(D)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(D)(i)) is amended by striking
subclause (I).
(b) CONFORMING AMENDMENTS.—
(1) Section 13(a)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2022(a)(1)) is amended in the first sentence by striking
‘‘section
16(c)(1)(D)(i)(III)’’
and
inserting
‘‘section
16(c)(1)(D)(i)(II)’’.
(2) Section 16(c)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(c)(1)) is amended—
(A) in subparagraph (D)—
(i) in clause (i)—
(I) by redesignating subclauses (II) through
(IV) as subclauses (I) through (III), respectively;
and
(II) in subclause (III) (as so redesignated), by
striking ‘‘through (III)’’ and inserting ‘‘and (II)’’;
and
(ii) in clause (ii), by striking ‘‘waiver amount or’’;
(B) in subparagraph (E)(i), by striking ‘‘(D)(i)(III)’’ and
inserting ‘‘(D)(i)(II)’’; and
(C) in subparagraph (F), by striking ‘‘(D)(i)(II)’’ each
place it appears and inserting ‘‘(D)(i)(I)’’.
SEC. 4021. PERFORMANCE BONUS PAYMENTS.

Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(d)) is amended by adding at the end the following:
‘‘(5) USE OF PERFORMANCE BONUS PAYMENTS.—A State
agency may use a performance bonus payment received under
this subsection only to carry out the program established under
this Act, including investments in—
‘‘(A) technology;

PUBLIC LAW 113–79—FEB. 7, 2014
and

128 STAT. 799

‘‘(B) improvements in administration and distribution;
‘‘(C) actions to prevent fraud, waste, and abuse.’’.

SEC. 4022. PILOT PROJECTS TO REDUCE DEPENDENCY AND INCREASE
WORK REQUIREMENTS AND WORK EFFORT UNDER
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

(a) IN GENERAL.—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)—
(i) by striking ‘‘15 months’’ and inserting ‘‘24
months’’; and
(ii) by striking ‘‘, except that for fiscal year 2013
and fiscal year 2014, the amount shall be $79,000,000’’;
(B) in subparagraph (C)—
(i) by striking ‘‘If a State’’ and inserting the following:
‘‘(i) IN GENERAL.—If a State’’; and
(ii) by adding at the end the following:
‘‘(ii) TIMING.—The Secretary shall collect such
information as the Secretary determines to be necessary about the expenditures and anticipated expenditures by the State agencies of the funds initially allocated to the State agencies under subparagraph (A)
to make reallocations of unexpended funds under
clause (i) within a timeframe that allows each State
agency to which funds are reallocated at least 270
days to expend the reallocated funds.
‘‘(iii) OPPORTUNITY.—The Secretary shall ensure
that all State agencies have an opportunity to obtain
reallocated funds.’’; and
(C) by adding at the end the following:
‘‘(F) PILOT PROJECTS TO REDUCE DEPENDENCY AND
INCREASE WORK REQUIREMENTS AND WORK EFFORT UNDER
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—

‘‘(i) PILOT PROJECTS REQUIRED.—
‘‘(I) IN GENERAL.—The Secretary shall carry
out pilot projects under which State agencies shall
enter into cooperative agreements with the Secretary to develop and test methods, including operating work programs with certain features comparable to 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.), for employment and
training programs and services to raise the number
of work registrants under section 6(d) of this Act
who obtain unsubsidized employment, increase the
earned income of the registrants, and reduce the
reliance of the registrants on public assistance,
so as to reduce the need for supplemental nutrition
assistance benefits.
‘‘(II) REQUIREMENTS.—Pilot projects shall—
‘‘(aa) meet such terms and conditions as
the Secretary considers to be appropriate; and

128 STAT. 800

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(bb) except as otherwise provided in this
subparagraph, be in accordance with the
requirements of sections 6(d) and 20.
‘‘(ii) SELECTION CRITERIA.—
‘‘(I) IN GENERAL.—The Secretary shall select
pilot projects under this subparagraph in accordance with the criteria established under this clause
and additional criteria established by the Secretary.
‘‘(II) QUALIFYING CRITERIA.—To be eligible to
participate in a pilot project, a State agency shall—
‘‘(aa) agree to participate in the evaluation
described in clause (vii), including providing
evidence that the State has a robust data
collection system for program administration
and cooperating to make available State data
on the employment activities and post-participation employment, earnings, and public benefit receipt of participants to ensure proper
and timely evaluation;
‘‘(bb) commit to collaborate with the State
workforce board and other job training programs in the State and local area; and
‘‘(cc) commit to maintain at least the
amount of State funding for employment and
training programs and services under paragraphs (2) and (3) and under section 20 as
the State expended for fiscal year 2013.
‘‘(III) SELECTION CRITERIA.—In selecting pilot
projects, the Secretary shall—
‘‘(aa) consider the degree to which the pilot
project would enhance existing employment
and training programs in the State;
‘‘(bb) consider the degree to which the pilot
project would enhance the employment and
earnings of program participants;
‘‘(cc) consider whether there is evidence
that the pilot project could be replicated easily
by other States or political subdivisions;
‘‘(dd) consider whether the State agency
has a demonstrated capacity to operate high
quality employment and training programs;
and
‘‘(ee) ensure the pilot projects, when
considered as a group, test a range of strategies, including strategies that—
‘‘(AA) target individuals with low
skills or limited work experience, individuals subject to the requirements under
section 6(o), and individuals who are
working;
‘‘(BB) are located in a range of
geographic areas and States, including
rural and urban areas;
‘‘(CC) emphasize education and
training, rehabilitative services for
individuals with barriers to employment,

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 801

rapid attachment to employment, and
mixed strategies; and
‘‘(DD) test programs that assign work
registrants to mandatory and voluntary
participation in employment and training
activities.
‘‘(iii) ACCOUNTABILITY .—
‘‘(I) IN GENERAL.—The Secretary shall establish and implement a process to terminate a pilot
project for which the State has failed to meet
the criteria described in clause (ii) or other criteria
established by the Secretary.
‘‘(II) TIMING.—The process shall include a
reasonable time period, not to exceed 180 days,
for State agencies found noncompliant to correct
the noncompliance.
‘‘(iv) EMPLOYMENT AND TRAINING ACTIVITIES.—
Allowable programs and services carried out under
this subparagraph shall include those programs and
services authorized under this Act and employment
and training activities authorized under 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.),
including:
‘‘(I) Employment in the public or private sector
that is not subsidized by any public program.
‘‘(II) Employment in the private sector for
which the employer receives a subsidy from public
funds to offset all or a part of the wages and
costs of employing an adult.
‘‘(III) Employment in the public sector for
which the employer receives a subsidy from public
funds to offset all or a part of the wages and
costs of employing an adult.
‘‘(IV) A work activity that—
‘‘(aa) is performed in return for public
benefits;
‘‘(bb) provides an adult with an opportunity to acquire the general skills, knowledge,
and work habits necessary to obtain employment;
‘‘(cc) is designed to improve the employability of those who cannot find unsubsidized
employment; and
‘‘(dd) is supervised by an employer, work
site sponsor, or other responsible party on an
ongoing basis.
‘‘(V) Training in the public or private sector
that—
‘‘(aa) is given to a paid employee while
the employee is engaged in productive work;
and
‘‘(bb) provides knowledge and skills essential to the full and adequate performance of
the job.

128 STAT. 802

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(VI) Job search, obtaining employment, or
preparation to seek or obtain employment,
including—
‘‘(aa) life skills training;
‘‘(bb) substance abuse treatment or mental
health treatment, determined to be necessary
and documented by a qualified medical, substance abuse, or mental health professional;
and
‘‘(cc) rehabilitation activities, supervised
by a public agency or other responsible party
on an ongoing basis.
‘‘(VII) Structured programs and embedded
activities—
‘‘(aa) in which adults perform work for
the direct benefit of the community under the
auspices of public or nonprofit organizations;
‘‘(bb) that are limited to projects that serve
useful community purposes in fields such as
health, social service, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities,
public safety, and child care;
‘‘(cc) that are designed to improve the
employability of adults not otherwise able to
obtain unsubsidized employment;
‘‘(dd) that are supervised on an ongoing
basis; and
‘‘(ee) with respect to which a State agency
takes into account, to the maximum extent
practicable, the prior training, experience, and
skills of a recipient in making appropriate
community service assignments.
‘‘(VIII) Career and technical training programs
that are—
‘‘(aa) directly related to the preparation
of adults for employment in current or
emerging occupations; and
‘‘(bb) supervised on an ongoing basis.
‘‘(IX) Training or education for job skills that
are—
‘‘(aa) required by an employer to provide
an adult with the ability to obtain employment
or to advance or adapt to the changing
demands of the workplace; and
‘‘(bb) supervised on an ongoing basis.
‘‘(X) Education that is—
‘‘(aa) related to a specific occupation, job,
or job offer; and
‘‘(bb) supervised on an ongoing basis.
‘‘(XI) In the case of an adult who has not
completed secondary school or received a certificate
of general equivalence, regular attendance that
is—
‘‘(aa) in accordance with the requirements
of the secondary school or course of study,
at a secondary school or in a course of study

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 803

leading to a certificate of general equivalence;
and
‘‘(bb) supervised on an ongoing basis.
‘‘(XII) Providing child care to enable another
recipient of public benefits to participate in a
community service program that—
‘‘(aa) does not provide compensation for
the community service;
‘‘(bb) is a structured program designed to
improve the employability of adults who
participate in the program; and
‘‘(cc) is supervised on an ongoing basis.
‘‘(v) SANCTIONS.—Subject to clause (vi), no work
registrant shall be eligible to participate in the supplemental nutrition assistance program if the individual
refuses without good cause to participate in an employment and training program under this subparagraph,
to the extent required by the State agency.
‘‘(vi) STANDARDS.—
‘‘(I) IN GENERAL.—Employment and training
activities under this subparagraph shall be considered to be carried out under section 6(d), including
for the purpose of satisfying any conditions of
participation and duration of ineligibility.
‘‘(II) STANDARDS FOR CERTAIN EMPLOYMENT
ACTIVITIES.—The Secretary shall establish standards for employment activities described in subclauses (I), (II), and (III) of clause (iv) that ensure
that failure to work for reasons beyond the control
of an individual, such as involuntary reduction
in hours of employment, shall not result in ineligibility.
‘‘(III) PARTICIPATION IN OTHER PROGRAMS.—
Before assigning a work registrant to mandatory
employment and training activities, a State agency
shall—
‘‘(aa) assess whether the work registrant
is participating in substantial employment and
training activities outside of the pilot project
that are expected to result in the work registrant gaining increased skills, training,
work, or experience consistent with the objectives of the pilot project; and
‘‘(bb) if determined to be acceptable, count
hours engaged in the activities toward any
minimum participation requirement.
‘‘(vii) EVALUATION AND REPORTING.—
‘‘(I) INDEPENDENT EVALUATION.—
‘‘(aa) IN GENERAL.—The Secretary shall,
under such terms and conditions as the Secretary determines to be appropriate, conduct
for each State agency that enters into a
cooperative agreement under clause (i) an
independent longitudinal evaluation of each
pilot project of the State agency under this
subparagraph, with results reported not less

128 STAT. 804

PUBLIC LAW 113–79—FEB. 7, 2014
frequently than in consecutive 12-month increments.
‘‘(bb) PURPOSE.—The purpose of the independent evaluation shall be to measure the
impact of employment and training programs
and services provided by each State agency
under the pilot projects on the ability of adults
in each pilot project target population to find
and retain employment that leads to increased
household income and reduced reliance on
public assistance, as well as other measures
of household well-being, compared to what
would have occurred in the absence of the
pilot project.
‘‘(cc) METHODOLOGY.—The independent
evaluation shall use valid statistical methods
that can determine, for each pilot project, the
difference, if any, between supplemental nutrition assistance and other public benefit receipt
expenditures, employment, earnings and other
impacts as determined by the Secretary—
‘‘(AA) as a result of the employment
and training programs and services provided by the State agency under the pilot
project; as compared to
‘‘(BB) a control group that is not subject to the employment and training programs and services provided by the State
agency under the pilot project.
‘‘(II) REPORTING.—Not later than December 31,
2015, and each December 31 thereafter until the
completion of the last evaluation under subclause
(I), 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 share broadly, including
by posting on the Internet website of the Department of Agriculture, a report that includes a
description of—
‘‘(aa) the status of each pilot project carried out under this subparagraph;
‘‘(bb) the results of the evaluation completed during the previous fiscal year;
‘‘(cc) to the maximum extent practicable,
baseline information relevant to the stated
goals and desired outcomes of the pilot project;
‘‘(dd) the employment and training programs and services each State tested under
the pilot, including—
‘‘(AA) the system of the State for
assessing the ability of work registrants
to participate in and meet the requirements of employment and training activities and assigning work registrants to
appropriate activities; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 805

‘‘(BB) the employment and training
activities and services provided under the
pilot;
‘‘(ee) the impact of the employment and
training programs and services on appropriate
employment, income, and public benefit
receipt as well as other outcomes among
households participating in the pilot project,
relative to households not participating; and
‘‘(ff) the steps and funding necessary to
incorporate into State employment and
training programs and services the components of the pilot projects that demonstrate
increased employment and earnings.
‘‘(viii) FUNDING.—
‘‘(I) IN GENERAL.—Subject to subclause (II),
from amounts made available under section
18(a)(1), the Secretary shall use to carry out this
subparagraph—
‘‘(aa) for fiscal year 2014, $10,000,000; and
‘‘(bb) for fiscal year 2015, $190,000,000.
‘‘(II) LIMITATIONS.—
‘‘(aa) IN GENERAL.—The Secretary shall
not fund more than 10 pilot projects under
this subparagraph.
‘‘(bb) DURATION.—Each pilot project shall
be in effect for not more than 3 years.
‘‘(III) AVAILABILITY OF FUNDS.—Funds made
available under subclause (I) shall remain available through September 30, 2018.
‘‘(ix) USE OF FUNDS.—
‘‘(I) IN GENERAL.—Funds made available under
this subparagraph for pilot projects shall be used
only for—
‘‘(aa) pilot projects that comply with this
Act;
‘‘(bb) the program and administrative
costs of carrying out the pilot projects;
‘‘(cc) the costs incurred in developing systems and providing information and data for
the independent evaluations under clause (vii);
and
‘‘(dd) the costs of the evaluations under
clause (vii).
‘‘(II) MAINTENANCE OF EFFORT.—Funds made
available under this subparagraph shall be used
only to supplement, not to supplant, non-Federal
funds used for existing employment and training
activities or services.
‘‘(III) OTHER FUNDS.—In carrying out pilot
projects, States may contribute additional funds
obtained from other sources, including Federal,
State, or private funds, on the condition that the
use of the contributions is permissible under Federal law.’’; and
(2) by striking paragraph (5) and inserting the following:
‘‘(5) MONITORING.—

128 STAT. 806

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(A) IN GENERAL.—The Secretary shall monitor the
employment and training programs carried out by State
agencies under section 6(d)(4) and assess the effectiveness
of the programs in—
‘‘(i) preparing members of households participating
in the supplemental nutrition assistance program for
employment, including the acquisition of basic skills
necessary for employment; and
‘‘(ii) increasing the number of household members
who obtain and retain employment subsequent to
participation in the employment and training programs.
‘‘(B) REPORTING MEASURES.—
‘‘(i) IN GENERAL.—The Secretary, in consultation
with the Secretary of Labor, shall develop State
reporting measures that identify improvements in the
skills, training, education, or work experience of members of households participating in the supplemental
nutrition assistance program.
‘‘(ii) REQUIREMENTS.—Measures shall—
‘‘(I) be based on common measures of performance for Federal workforce training programs; and
‘‘(II) include additional indicators that reflect
the challenges facing the types of members of
households participating in the supplemental
nutrition assistance program who participate in
a specific employment and training component.
‘‘(iii) STATE REQUIREMENTS.—The Secretary shall
require that each State employment and training plan
submitted under section 11(e)(19) identifies appropriate reporting measures for each proposed component
that serves a threshold number of participants determined by the Secretary of at least 100 people a year.
‘‘(iv) INCLUSIONS.—Reporting measures described
in clause (iii) may include—
‘‘(I) the percentage and number of program
participants who received employment and
training services and are in unsubsidized employment subsequent to the receipt of those services;
‘‘(II) the percentage and number of program
participants who obtain a recognized credential,
including a registered apprenticeship, or a regular
secondary school diploma or its recognized equivalent, while participating in, or within 1 year after
receiving, employment and training services;
‘‘(III) the percentage and number of program
participants who are in an education or training
program that is intended to lead to a recognized
credential, including a registered apprenticeship
or on-the-job training program, a regular secondary school diploma or its recognized equivalent,
or unsubsidized employment;
‘‘(IV) subject to terms and conditions established by the Secretary, measures developed by
each State agency to assess the skills acquisition
of employment and training program participants
that reflect the goals of the specific employment

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 807

and training program components of the State
agency, which may include, at a minimum—
‘‘(aa) the percentage and number of program participants who are meeting program
requirements in each component of the education and training program of the State
agency;
‘‘(bb) the percentage and number of program participants who are gaining skills likely
to lead to employment as measured through
testing, quantitative or qualitative assessment, or other method; and
‘‘(cc) the percentage and number of program participants who do not comply with
employment and training requirements and
who are ineligible under section 6(b); and
‘‘(V) other indicators approved by the Secretary.
‘‘(C) OVERSIGHT OF STATE EMPLOYMENT AND TRAINING
ACTIVITIES.—The Secretary shall assess State employment
and training programs on a periodic basis to ensure—
‘‘(i) compliance with Federal employment and
training program rules and regulations;
‘‘(ii) that program activities are appropriate to
meet the needs of the individuals referred by the State
agency to an employment and training program component;
‘‘(iii) that reporting measures are appropriate to
identify improvements in skills, training, work and
experience for participants in an employment and
training program component; and
‘‘(iv) for States receiving additional allocations
under paragraph (1)(E), any information the Secretary
may require to evaluate the compliance of the State
agency with paragraph (1), which may include—
‘‘(I) a report for each fiscal year of the number
of individuals in the State who meet the conditions
of paragraph (1)(E)(ii), the number of individuals
the State agency offers a position in a program
described in subparagraph (B) or (C) of section
6(o)(2), and the number who participate in such
a program;
‘‘(II) a description of the types of employment
and training programs the State agency uses to
comply with paragraph (1)(E) and the availability
of those programs throughout the State; and
‘‘(III) any additional information the Secretary
determines to be appropriate.
‘‘(D) STATE REPORT.—Each State agency shall annually
prepare and submit to the Secretary a report on the State
employment and training program that includes, using
measures identified under subparagraph (B), the numbers
of supplemental nutrition assistance program participants
who have gained skills, training, work, or experience that
will increase the ability of the participants to obtain regular
employment.

128 STAT. 808

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(E) MODIFICATIONS

TRAINING PLAN.—Subject

7 USC 2014 note.
7 USC 2025 note.

TO THE STATE EMPLOYMENT AND

to terms and conditions established by the Secretary, if the Secretary determines that
the performance of a State agency with respect to employment and training outcomes is inadequate, the Secretary
may require the State agency to make modifications to
the State employment and training plan to improve the
outcomes.
‘‘(F) PERIODIC EVALUATION.—Subject to terms and
conditions established by the Secretary, not later than
October 1, 2016, and not less frequently than once every
5 years thereafter, the Secretary shall conduct a study
to review existing practice and research to identify employment and training program components and practices
that—
‘‘(i) effectively assist members of households
participating in the supplemental nutrition assistance
program in gaining skills, training, work, or experience
that will increase the ability of the participants to
obtain regular employment; and
‘‘(ii) are best integrated with statewide workforce
development systems.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 5 of the Food and Nutrition Act of 2008 (7
U.S.C. 2014) is amended—
(A) in subsection (d)(14), by inserting ‘‘or a pilot project
under section 16(h)(1)(F)’’ after ‘‘6(d)(4)(I)’’;
(B) in subsection (e)(3)(B)(iii), by inserting ‘‘or a pilot
project under section 16(h)(1)(F)’’ after ‘‘6(d)(4)’’; and
(C) in subsection (g)(3), in the first sentence, by
inserting ‘‘or a pilot project under section 16(h)(1)(F)’’ after
‘‘6(d)’’.
(2) Section 16(h) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(h)) is amended—
(A) in paragraph (3), by inserting ‘‘or a pilot project
under paragraph (1)(F)’’ after ‘‘6(d)(4)’’; and
(B) in paragraph (4), by inserting ‘‘or a pilot project
under paragraph (1)(F)’’ after ‘‘6(d)(4)’’.
(3) Section 17(b)(1)(B)(iv)(III)(hh) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(hh)) is amended by
inserting ‘‘(h)(1)(F),’’ after ‘‘(g),’’.
(c) APPLICATION DATE.—
(1) IN GENERAL.—The amendments made by this section
(other than the amendments made by subsection (a)(2)) shall
apply beginning on the date of enactment of this Act.
(2) PROCESS FOR SELECTING PILOT PROGRAMS.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall—
(i) develop and publish the process for selecting
pilot projects under section 16(h)(1)(F) of the Food
and Nutrition Act of 2008 (as added by subsection
(a)(1)(C)); and
(ii) issue such request for proposals for the independent evaluation as is determined appropriate by
the Secretary.
(B) APPLICATION.—The Secretary shall begin considering proposals not earlier than 90 days after the date

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 809

on which the Secretary completes the actions described
in subparagraph (A).
(C) SELECTION.—Not later than 180 days after the
date on which the Secretary completes the actions described
in subparagraph (A), the Secretary shall select pilot projects
from the applications submitted in response to the request
for proposals issued under subparagraph (A).
(3) MONITORING OF EMPLOYMENT AND TRAINING PROGRAMS.—
(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this Act, the Secretary shall issue
interim final regulations implementing the amendments
made by subsection (a)(2).
(B) STATE ACTION.—States shall include reporting
measures required under section 16(h)(5) of the Food and
Nutrition Act of 2008 (as amended by subsection (a)(2))
in the employment and training plans of the States for
the first full fiscal year that begins not earlier than 180
days after the date that the regulations described in
subparagraph (A) are published.
SEC. 4023. COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.

Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.
2026) is amended by adding at the end the following:
‘‘(l) COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.—Subject to the requirements of this Act, including protections
under section 11(e)(8), States, State agencies, local agencies, institutions, facilities such as data consortiums, and contractors participating in programs authorized under this Act shall—
‘‘(1) cooperate with officials and contractors acting on behalf
of the Secretary in the conduct of evaluations and studies
under this Act; and
‘‘(2) submit information at such time and in such manner
as the Secretary may require.’’.
SEC. 4024. AUTHORIZATION OF APPROPRIATIONS.

Section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)) is amended in the first sentence by striking ‘‘2012’’
and inserting ‘‘2018’’.

SEC. 4025. REVIEW, REPORT, AND REGULATION OF CASH NUTRITION
ASSISTANCE PROGRAM BENEFITS PROVIDED IN PUERTO
RICO.

Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C.
2028) is amended by adding at the end the following:
‘‘(e) REVIEW, REPORT, AND REGULATION OF CASH NUTRITION
ASSISTANCE PROGRAM BENEFITS PROVIDED IN PUERTO RICO.—
‘‘(1) REVIEW.—The Secretary, in consultation with the Secretary of Health and Human Services, shall carry out a review
of the provision of nutrition assistance in Puerto Rico in the
form of cash benefits under this section that shall include—
‘‘(A) an examination of the history of and purpose
for distribution of a portion of monthly benefits in the
form of cash;
‘‘(B) an examination of current barriers to the redemption of non-cash benefits by current program participants
and retailers;

7 USC 2025 note.

128 STAT. 810

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(C) an examination of current usage of cash benefits
for the purchase of non-food and other prohibited items;
‘‘(D) an identification and assessment of potential
adverse effects of the discontinuation of a portion of benefits
in the form of cash for program participants and retailers;
and
‘‘(E) an examination of such other factors as the Secretary determines to be relevant.
‘‘(2) REPORT.—Not later than 18 months 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 that describes the results of the review conducted under this subsection.
‘‘(3) REGULATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), and notwithstanding the second sentence of subsection
(b)(1)(B)(i), the Secretary shall disapprove any plan submitted pursuant to subsection (b)(1)(A)—
‘‘(i) for fiscal year 2017 that provides for the distribution of more than 20 percent of the nutrition
assistance benefit of a participant in the form of cash;
‘‘(ii) for fiscal year 2018 that provides for the distribution of more than 15 percent of the nutrition
assistance benefit of a participant in the form of cash;
‘‘(iii) for fiscal year 2019 that provides for the
distribution of more than 10 percent of the nutrition
assistance benefit of a participant in the form of cash;
‘‘(iv) for fiscal year 2020 that provides for the distribution of more than 5 percent of the nutrition assistance benefit of a participant in the form of cash; and
‘‘(v) for fiscal year 2021 that provides for the distribution of any portion of the nutrition assistance
benefit of a participant in the form of cash.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
the Secretary, informed by the report required under paragraph (2), may approve a plan that exempts participants
or categories of participants if the Secretary determines
that discontinuation of benefits in the form of cash is
likely to have significant adverse effects.
‘‘(4) FUNDING.—Out of any funds made available under
section 18 for fiscal year 2014, the Secretary shall make available to carry out the review and report described in paragraphs
(1) and (2) $1,000,000, to remain available until expended.’’.

SEC. 4026. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.

Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C.
2034) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(B)—
(i) in clause (i)—
(I) in subclause (I), by inserting after ‘‘individuals’’ the following: ‘‘through food distribution,
community outreach to assist in participation in
Federally assisted nutrition programs, or
improving access to food as part of a comprehensive service;’’; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 811

(II) in subclause (III), by inserting ‘‘food
access,’’ after ‘‘food,’’; and
(ii) in clause (ii), by striking subclause (I) and
inserting the following:
‘‘(I) equipment necessary for the efficient operation of a project;’’; and
(B) by striking paragraphs (2) and (3) and inserting
the following:
‘‘(2) GLEANER.—The term ‘gleaner’ means an entity that—
‘‘(A) collects edible, surplus food that would be thrown
away and distributes the food to agencies or nonprofit
organizations that feed the hungry; or
‘‘(B) harvests for free distribution to the needy, or
for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that
has been donated by the owner of the crop.
‘‘(3) HUNGER-FREE COMMUNITIES GOAL.—The term ‘hungerfree communities goal’ means any of the 14 goals described
in House Concurrent Resolution 302, 102nd Congress, agreed
to October 5, 1992.’’;
(2) in subsection (b)(2)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B), by striking ‘‘fiscal year 2008
and each fiscal year thereafter.’’ and inserting the following:
‘‘each of fiscal years 2008 through 2014; and
‘‘(C) $9,000,000 for fiscal year 2015 and each fiscal
year thereafter.’’;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking
‘‘private nonprofit entity’’ and inserting ‘‘public food program service provider, a tribal organization, or a private
nonprofit entity, including gleaners,’’;
(B) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘or’’ after the
semicolon at the end;
(ii) in subparagraph (B), by inserting ‘‘or’’ after
the semicolon at the end; and
(iii) by adding at the end the following:
‘‘(C) efforts to reduce food insecurity in the community,
including food distribution, improving access to services,
or coordinating services and programs;’’;
(C) in paragraph (2), by striking ‘‘and’’ after the semicolon at the end;
(D) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(4) collaborate with 1 or more local partner organizations
to achieve at least 1 hunger-free communities goal.’’;
(4) in subsection (d)—
(A) in paragraph (3), by striking ‘‘or’’ after the semicolon at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(5) develop new resources and strategies to help reduce
food insecurity in the community and prevent food insecurity
in the future by—

128 STAT. 812

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(A) developing creative food resources;
‘‘(B) coordinating food services with park and recreation
programs and other community-based outlets to reduce
barriers to access; or
‘‘(C) creating nutrition education programs for at- risk
populations to enhance food-purchasing and food- preparation skills and to heighten awareness of the connection
between diet and health.’’;
(5) in subsection (f)(2), by striking ‘‘3 years’’ and inserting
‘‘5 years’’; and
(6) by striking subsections (h) and (i) and inserting the
following:
‘‘(h) REPORTS TO CONGRESS.—Not later than September 30,
2014, and each year thereafter, the Secretary shall submit to Congress a report that describes each grant made under this section,
including—
‘‘(1) a description of any activity funded;
‘‘(2) the degree of success of each activity funded in
achieving hunger-free community goals; and
‘‘(3) the degree of success in improving the long-term
capacity of a community to address food and agriculture problems related to hunger or access to healthy food.’’.
SEC. 4027. EMERGENCY FOOD ASSISTANCE.

(a) PURCHASE OF COMMODITIES.—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 ‘‘2008 through 2012’’ and
inserting ‘‘2014 through 2018’’;
(2) in paragraph (2)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C)—
(i) by striking ‘‘2012’’ and inserting ‘‘2018’’; and
(ii) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
‘‘(D) for each of fiscal years 2015 through 2018, the
sum obtained by adding the total dollar amount of commodities specified in subparagraph (C) and—
‘‘(i) for fiscal year 2015, $50,000,000;
‘‘(ii) for fiscal year 2016, $40,000,000;
‘‘(iii) for fiscal year 2017, $20,000,000; and
‘‘(iv) for fiscal year 2018, $15,000,000; and
‘‘(E) for fiscal year 2019 and each subsequent fiscal
year, the total dollar amount of commodities specified in
subparagraph (D)(iv) adjusted by the percentage by which
the thrifty food plan has been adjusted under section 3(u)(4)
to reflect changes between June 30, 2017, and June 30
of the immediately preceding fiscal year.’’; and
(3) by adding at the end the following:
‘‘(3) FUNDS AVAILABILITY.—For purposes of the funds
described in this subsection, the Secretary shall—
‘‘(A) make the funds available for 2 fiscal years; and
‘‘(B) allow States to carry over unexpended balances
to the next fiscal year pursuant to such terms and conditions as are determined by the Secretary.’’.
(b) EMERGENCY FOOD PROGRAM INFRASTRUCTURE GRANTS.—
Section 209(d) of the Emergency Food Assistance Act of 1983 (7

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 813

U.S.C. 7511a(d)) is amended by striking ‘‘2012’’ and inserting
‘‘2018’’.
SEC. 4028. NUTRITION EDUCATION.

Section 28(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(b)) is amended by inserting ‘‘and physical activity’’ after
‘‘healthy food choices’’.

SEC. 4029. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
is amended by adding at the end the following:
‘‘SEC. 29. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.

‘‘(a) PURPOSE.—The purpose of this section is to provide the
Department of Agriculture with additional resources to prevent
trafficking in violation of this Act by strengthening recipient and
retail food store program integrity.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Additional funds are provided under this
section to supplement the retail food store and recipient integrity activities of the Department.
‘‘(2) INFORMATION TECHNOLOGIES.—The Secretary shall use
an appropriate amount of the funds provided under this section
to employ information technologies known as data mining and
data warehousing and other available information technologies
to administer the supplemental nutrition assistance program
and enforce regulations promulgated under section 4(c).
‘‘(c) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000
for each of fiscal years 2014 through 2018.
‘‘(2) MANDATORY FUNDING.—
‘‘(A) IN GENERAL.—Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this section
not less than $15,000,000 for fiscal year 2014, to remain
available until expended.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this section the funds transferred under subparagraph
(A), without further appropriation.
‘‘(C) MAINTENANCE OF FUNDING.—The funding provided
under subparagraph (A) shall supplement (and not supplant) other Federal funding for programs carried out under
this Act.’’.
SEC. 4030. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012) is amended—
(1) in subsection (g), by striking ‘‘coupon,’’ the last place
it appears and inserting ‘‘coupon’’;
(2) in subsection (k)(7), by striking ‘‘or are’’ and inserting
‘‘and’’;
(3) by striking subsection (l);
(4) by redesignating subsections (m) through (t) as subsections (l) through (s), respectively; and
(5) by inserting after subsection (s) (as so redesignated)
the following:

7 USC 2036b.

128 STAT. 814

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(t) ‘Supplemental nutrition assistance program’ means the program operated pursuant to this Act.’’.
(b) Section 4(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(a)) is amended in the last sentence by striking ‘‘benefits’’ and inserting ‘‘Benefits’’.
(c) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C.
2014) is amended—
(1) in the last sentence of subsection (i)(2)(D), by striking
‘‘section 13(b)(2)’’ and inserting ‘‘section 13(b)’’; and
(2) in subsection (k)(4)(A), by striking ‘‘paragraph (2)(H)’’
and inserting ‘‘paragraph (2)(G)’’.
(d) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(d)(4)) is amended in subparagraphs (B)(vii) and (F)(iii)
by indenting both clauses appropriately.
(e) Section 7(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(h)) is amended by redesignating the second paragraph
(12) (relating to interchange fees) as paragraph (13).
(f) Section 9(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2018(a)) is amended by indenting paragraph (3) appropriately.
(g) Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C.
2021) is amended—
(1) in subsection (b)(3)(C), by striking ‘‘civil money penalties’’ and inserting ‘‘civil penalties’’; and
(2) in subsection (g)(1), by striking ‘‘(7 U.S.C. 1786)’’ and
inserting ‘‘(42 U.S.C. 1786)’’.
(h) Section 15(b)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2024(b)(1)) is amended in the first sentence by striking
‘‘an benefit’’ both places it appears and inserting ‘‘a benefit’’.
(i) Section 16(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(a)) is amended in the proviso following paragraph
(8) by striking ‘‘as amended.’’.
(j) Section 18(e) of the Food and Nutrition Act of 2008 (7
U.S.C. 2027(e)) is amended in the first sentence by striking ‘‘sections
7(f)’’ and inserting ‘‘section 7(f)’’.
(k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of
2008 (7 U.S.C. 2031(b)(10)(B)(i)) is amended in the last sentence
by striking ‘‘Food benefits’’ and inserting ‘‘Benefits’’.
(l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008
(7 U.S.C. 2035(f)(3)(C)) is amended by striking ‘‘subsection’’ and
inserting ‘‘subsections’’.
(m) Section 27(a)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)(1)) is amended by striking ‘‘(Public Law 98–
8; 7 U.S.C. 612c note)’’ and inserting ‘‘(7 U.S.C. 7515)’’.
(n) Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is amended—
(1) in subsection (a)(2), by striking ‘‘food stamp program
(as defined in section 3(l) of the Food Stamp Act of 1977)
or any State program carried out under the Food Stamp Act
of 1977’’ and inserting ‘‘supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012)) or any State program carried out
under that Act’’;
(2) in subsection (b)(2)—
(A) in the paragraph heading, by striking ‘‘THE FOOD
STAMP ACT OF 1977’’ and inserting ‘‘THE FOOD AND NUTRITION
ACT OF 2008’’; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 815

(B) by striking ‘‘food stamp program (as defined in
section 3(l) of the Food Stamp Act of 1977), or any State
program carried out under the Food Stamp Act of 1977’’
and inserting ‘‘supplemental nutrition assistance program
(as defined in section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012)), or any State program carried
out under that Act’’; and
(3) in subsection (e)(2), by striking ‘‘section 3(s) of the
Food Stamp Act of 1977, when referring to the food stamp
program (as defined in section 3(l) of the Food Stamp Act
of 1977) or any State program carried out under the Food
Stamp Act of 1977’’ and inserting ‘‘section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012), when referring to the
supplemental nutrition assistance program (as defined in that
section) or any State program carried out under that Act’’.
(o) Section 3803(c)(2)(C)(vii) of title 31 of the United States
Code is amended by striking ‘‘section 3(l)’’ and inserting ‘‘section
3’’.
(p) Section 453(j)(10) of the Social Security Act (42 U.S.C.
653(j)(10)) is amended in the paragraph heading by striking ‘‘FOOD
STAMP PROGRAMS’’ and inserting ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS’’.
(q) Section 1137 of the Social Security Act (42 U.S.C. 1320b–
7)—
(1) in subsection (a)(5)(B), by striking ‘‘food stamp’’ and
inserting ‘‘supplemental nutrition assistance’’; and
(2) in subsection (b)(4), by striking ‘‘food stamp program
under the Food Stamp Act of 1977’’ and inserting ‘‘supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)’’.
(r) Section 1631(n) of the Social Security Act (42 U.S.C. 1383)
is amended in the subsection heading by striking ‘‘FOOD STAMP’’
and inserting ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE’’.
(s) Section 509 of the Older Americans Act of 1965 (42 U.S.C.
3056g) is amended in the section heading by striking ‘‘FOOD STAMP
PROGRAMS’’ and inserting ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAMS’’.
(t) Section 4(a) of the Agriculture and Consumer Protection
Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended
by striking ‘‘Food Stamp Act of 1977’’ and inserting ‘‘Food and
Nutrition Act of 2008’’.
(u) 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 (h)(1), by striking ‘‘food stamps’’ and
inserting ‘‘the supplemental nutrition assistance program’’;
(2) in subsection (i)(1), by striking ‘‘food stamps provided
under the Food Stamp Act of 1977’’ and inserting ‘‘supplemental
nutrition assistance benefits provided under the Food and
Nutrition Act of 2008’’; and
(3) in subsection (l)(2)(B), by striking ‘‘Food Stamp Act
of 1977’’ and inserting ‘‘Food and Nutrition Act of 2008’’.
(v) Section 4115(c)(2)(H) of the Food, Conservation, and Energy
Act of 2008 (Public Law 110–246; 122 Stat. 1871) is amended
by striking ‘‘531’’ and inserting ‘‘454’’.

42 USC 654.

128 STAT. 816
48 USC 1841
note.

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 4031. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
PILOT PROGRAM.

(a) STUDY.—
(1) IN GENERAL.—Prior to establishing the pilot program
under subsection (b), the Secretary shall conduct a study to
be completed not later than 2 years after the date of enactment
of this Act to assess—
(A) the capabilities of the Commonwealth of the
Northern Mariana Islands to operate the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in a
similar manner as the program is operated in the States
(as defined in section 3 of that Act (7 U.S.C. 2012)); and
(B) alternative models of the supplemental nutrition
assistance program operation and benefit delivery that best
meet the nutrition assistance needs of the Commonwealth
of the Northern Mariana Islands.
(2) SCOPE.—The study conducted under paragraph (1)(A)
shall assess the capability of the Commonwealth of the
Northern Mariana Islands to fulfill the responsibilities of a
State agency (as defined in section 3 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012)), including—
(A) extending and limiting participation to eligible
households, as required by sections 5 and 6 of that Act
(7 U.S.C. 2014, 2015);
(B) issuing benefits through EBT cards, as required
by section 7 of that Act (7 U.S.C. 2016);
(C) maintaining the integrity of the program, including
operation of a quality control system, as required by section
16(c) of that Act (7 U.S.C. 2025(c));
(D) implementing work requirements, including operating an employment and training program, as required
by section 6(d) of that Act (7 U.S.C. 2015(d)); and
(E) paying a share of administrative costs with nonFederal funds, as required by section 16(a) of that Act
(7 U.S.C. 2016(a)).
(b) ESTABLISHMENT.—If the Secretary determines that a pilot
program is feasible, the Secretary shall establish a pilot program
for the Commonwealth of the Northern Mariana Islands to operate
the supplemental nutrition assistance program in the same manner
in which the program is operated in the States.
(c) SCOPE.—The Secretary shall use the information obtained
from the study conducted under subsection (a) to establish the
scope of the pilot program established under subsection (b).
(d) REPORT.—Not later than June 30, 2019, 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 pilot program carried out under
this section, including an analysis of the feasibility of operating
the supplemental nutrition assistance program in the Commonwealth of the Northern Mariana Islands in the same manner in
which the program is operated in the States.
(e) FUNDING.—
(1) STUDY.—Of the funds made available under section
18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)), the Secretary may use to conduct the study

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 817

described in subsection (a) not more than $1,000,000 for each
of fiscal years 2014 and 2015.
(2) PILOT PROGRAM.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), of the funds made available under section 18(a)(1)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)),
the Secretary may use to establish and carry out the pilot
program under subsection (b), including the Federal costs
for providing technical assistance to the Commonwealth
of the Northern Mariana Islands, authorizing and monitoring retail food stores, and assessing pilot operations,
not more than—
(i) $13,500,000 for fiscal year 2016; and
(ii) $8,500,000 for each of fiscal years 2017 and
2018.
(B) EXCEPTION.—If the Secretary determines that a
pilot program described in subsection (b) is not feasible,
the Secretary shall provide to the Commonwealth of the
Northern Mariana Islands any unspent funds described
in subparagraph (A), which shall—
(i) be made available for obligation under the
Commonwealth of the Northern Mariana Islands nutrition assistance program block grant in addition to any
other funds made available for that grant; and
(ii) remain available until expended.
SEC. 4032. ANNUAL STATE REPORT ON VERIFICATION OF SNAP
PARTICIPATION.

(a) ANNUAL REPORT.—Not later than 1 year after the date
specified by the Secretary during the 180-day period beginning
on the date of enactment of this Act, and annually thereafter,
each State agency that carries out the supplemental nutrition assistance program established under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) shall submit to the Secretary a report
containing sufficient information for the Secretary to determine
whether the State agency has, for the most recently concluded
fiscal year preceding that annual date, verified that the State
agency in that fiscal year—
(1) did not issue benefits to a deceased individual; and
(2) did not issue benefits to an individual who had been
permanently disqualified from receiving benefits.
(b) PENALTY FOR NONCOMPLIANCE.—For any fiscal year for
which a State agency fails to comply with subsection (a), the Secretary shall impose a penalty that includes a reduction of up to
50 percent of the amount that would be otherwise payable to
the State agency under section 16(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(a)) with respect to that fiscal year.
(c) REPORT OF PILOT PROGRAM TO TEST PREVENTION OF DUPLICATE PARTICIPATION.—Not later than 90 days after the completion
in multiple States of a temporary pilot program to test the detection
and prevention of duplicate participation by beneficiaries of the
supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 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 assessing the feasibility, effectiveness, and cost for the expansion of the pilot program nationwide.

7 USC 2036c.

128 STAT. 818
25 USC 443d.

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 4033. SERVICE OF TRADITIONAL FOODS IN PUBLIC FACILITIES.

(a) PURPOSES.—The purposes of this section are—
(1) to provide access to traditional foods in food service
programs;
(2) to encourage increased consumption of traditional foods
to decrease health disparities among Indians, particularly
Alaska Natives; and
(3) to provide alternative food options for food service programs.
(b) DEFINITIONS.—In this section:
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ means a
person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)).
(2) COMMISSIONER.—The term ‘‘Commissioner’’ means the
Commissioner of Food and Drugs.
(3) FOOD SERVICE PROGRAM.—The term ‘‘food service program’’ includes—
(A) food service at residential child care facilities that
have a license from an appropriate State agency;
(B) any child nutrition program (as that term is defined
in section 25(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769f(b));
(C) food service at hospitals, clinics, and long-term
care facilities; and
(D) senior meal programs.
(4) INDIAN; INDIAN TRIBE.—The terms ‘‘Indian’’ and ‘‘Indian
tribe’’ have the meanings given those terms in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(5) TRADITIONAL FOOD.—
(A) IN GENERAL.—The term ‘‘traditional food’’ means
food that has traditionally been prepared and consumed
by an Indian tribe.
(B)
INCLUSIONS.—The
term
‘‘traditional
food’’
includes—
(i) wild game meat;
(ii) fish;
(iii) seafood;
(iv) marine mammals;
(v) plants; and
(vi) berries.
(6) 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.
450b).
(c) PROGRAM.—The Secretary and the Commissioner shall allow
the donation to and serving of traditional food through food service
programs at public facilities and nonprofit facilities, including facilities operated by Indian tribes and facilities operated by tribal
organizations, that primarily serve Indians if the operator of the
food service program—
(1) ensures that the food is received whole, gutted, gilled,
as quarters, or as a roast, without further processing;
(2) makes a reasonable determination that—
(A) the animal was not diseased;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 819

(B) the food was butchered, dressed, transported, and
stored to prevent contamination, undesirable microbial
growth, or deterioration; and
(C) the food will not cause a significant health hazard
or potential for human illness;
(3) carries out any further preparation or processing of
the food at a different time or in a different space from the
preparation or processing of other food for the applicable program to prevent cross-contamination;
(4) cleans and sanitizes food-contact surfaces of equipment
and utensils after processing the traditional food;
(5) labels donated traditional food with the name of the
food;
(6) stores the traditional food separately from other food
for the applicable program, including through storage in a
separate freezer or refrigerator or in a separate compartment
or shelf in the freezer or refrigerator;
(7) follows Federal, State, local, county, tribal, or other
non-Federal law regarding the safe preparation and service
of food in public or nonprofit facilities; and
(8) follows other such criteria as established by the Secretary and Commissioner.
(d) LIABILITY.—
(1) IN GENERAL.—The United States, an Indian tribe, and
a tribal organization shall not be liable in any civil action
for any damage, injury, or death caused to any person by
the donation to or serving of traditional foods through food
service programs.
(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1)
alters any liability or other obligation of the United States
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 1450 et seq.).

Subtitle B—Commodity Distribution
Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.

Section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended in
the first sentence by striking ‘‘2012’’ and inserting ‘‘2018’’.
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 paragraphs (1) and (2)(B) of subsection (a), by striking
‘‘2012’’ each place it appears and inserting ‘‘2018’’;
(2) in the first sentence of subsection (d)(2), by striking
‘‘2012’’ and inserting ‘‘2018’’;
(3) by striking subsection (g) and inserting the following:
‘‘(g) ELIGIBILITY.—Except as provided in subsection (m), the
States shall only provide assistance under the commodity supplemental food program to low-income persons aged 60 and older.’’;
and
(4) by adding at the end the following:

128 STAT. 820

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(m) PHASE-OUT.—Notwithstanding any other provision of law,
an individual who receives assistance under the commodity supplemental food program on the day before the date of enactment
of this subsection shall continue to receive that assistance until
the date on which the individual is no longer eligible for assistance
under the eligibility requirements for the program in effect on
the day before the date of enactment of this subsection.’’.
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(2)(A)) is amended in the first sentence by striking
‘‘2012’’ and inserting ‘‘2018’’.
SEC. 4104. PROCESSING OF COMMODITIES.

(a) IN GENERAL.—Section 17 of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
Public Law 100–237) is amended—
(1) in the section heading, by inserting ‘‘AND PROCESSING’’
after ‘‘DONATIONS’’; and
(2) by adding at the end the following:
‘‘(c) PROCESSING.—
‘‘(1) IN GENERAL.—For any program included under subsection (b), the Secretary may, notwithstanding any other provision of Federal or State law relating to the procurement of
goods and services—
‘‘(A) retain title to commodities delivered to a processor,
on behalf of a State (including a State distributing agency
and a recipient agency), until such time as end products
containing the commodities, or similar commodities as
approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and
‘‘(B) promulgate regulations to ensure accountability
for commodities provided to a processor for processing into
end products, and to facilitate processing of commodities
into end products for use by recipient agencies.
‘‘(2) REGULATIONS.—The regulations described in paragraph
(1)(B) may provide that—
‘‘(A) a processor that receives commodities for processing into end products, or provides a service with respect
to the commodities or end products, in accordance with
the agreement of the processor with a State distributing
agency or a recipient agency, provide to the Secretary a
bond or other means of financial assurance to protect the
value of the commodities; and
‘‘(B) in the event a processor fails to deliver to a State
distributing agency or a recipient agency an end product
in conformance with the processing agreement entered into
under this Act, the Secretary—
‘‘(i) take action with respect to the bond or other
means of financial assurance pursuant to regulations
promulgated under this subsection; and
‘‘(ii) distribute any proceeds obtained by the Secretary to 1 or more State distributing agencies and
recipient agencies, as determined appropriate by the
Secretary.’’.
(b) DEFINITIONS.—Section 18 of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 821

Public Law 100–237) is amended by striking paragraphs (1) and
(2) and inserting the following:
‘‘(1) COMMODITIES.—The term ‘commodities’ means agricultural commodities and their products that are donated by the
Secretary for use by recipient agencies.
‘‘(2) END PRODUCT.—The term ‘end product’ means a food
product that contains processed commodities.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 3 of
the Commodity Distribution Reform Act and WIC Amendments
of 1987 (7 U.S.C. 612c note; Public Law 100–237) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking subparagraph (B)
and inserting the following:
‘‘(B) the program established under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));’’; and
(B) in paragraph (3)(D), by striking ‘‘the Committee
on Education and Labor’’ and inserting ‘‘the Committee
on Education and the Workforce’’;
(2) in subsection (b)(1)(A)(ii), by striking ‘‘section 32 of
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.)’’ and
inserting ‘‘section 32 of the Act of August 24, 1935 (7 U.S.C.
612c)’’;
(3) in subsection (e)(1)(D)(iii), by striking subclause (II)
and inserting the following:
‘‘(II) the program established under section
4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b));’’; and
(4) in subsection (k), by striking ‘‘the Committee on Education and Labor’’ and inserting ‘‘the Committee on Education
and the Workforce’’.

Subtitle C—Miscellaneous
SEC. 4201. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR DISTRIBUTION TO SCHOOLS AND SERVICE INSTITUTIONS.

Section 10603(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 612c–4(b)) is amended by striking ‘‘2012’’
and inserting ‘‘2018’’.

SEC. 4202. PILOT PROJECT FOR PROCUREMENT OF UNPROCESSED
FRUITS AND VEGETABLES.

Section 6 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1755) is amended by adding at the end the following:
‘‘(f) PILOT PROJECT FOR PROCUREMENT OF UNPROCESSED FRUITS
AND VEGETABLES.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a pilot
project under which the Secretary shall facilitate the procurement of unprocessed fruits and vegetables in not more than
8 States receiving funds under this Act.
‘‘(2) PURPOSE.—The purpose of the pilot project required
by this subsection is to provide selected States flexibility for
the procurement of unprocessed fruits and vegetables by permitting each State—
‘‘(A) to utilize multiple suppliers and products established and qualified by the Secretary; and

128 STAT. 822

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(B) to allow geographic preference, if desired, in the
procurement of the products under the pilot project.
‘‘(3) SELECTION AND PARTICIPATION.—
‘‘(A) IN GENERAL.—The Secretary shall select States
for participation in the pilot project in accordance with
criteria established by the Secretary and terms and conditions established for participation.
‘‘(B) REQUIREMENT.—The Secretary shall ensure that
at least 1 project is located in a State in each of—
‘‘(i) the Pacific Northwest Region;
‘‘(ii) the Northeast Region;
‘‘(iii) the Western Region;
‘‘(iv) the Midwest Region; and
‘‘(v) the Southern Region.
‘‘(4) PRIORITY.—In selecting States for participation in the
pilot project, the Secretary shall prioritize applications based
on—
‘‘(A) the quantity and variety of growers of local fruits
and vegetables in the States on a per capita basis;
‘‘(B) the demonstrated commitment of the States to
farm-to-school efforts, as evidenced by prior efforts to
increase and promote farm-to-school programs in the
States; and
‘‘(C) whether the States contain a sufficient quantity
of local educational agencies, various population sizes, and
geographical locations.
‘‘(5) RECORDKEEPING AND REPORTING REQUIREMENTS.—
‘‘(A) RECORDKEEPING REQUIREMENT.—States selected to
participate in the pilot project, and participating school
food authorities within those States, shall keep records
of the fruits and vegetables received under the pilot project
in such manner and form as requested by the Secretary.
‘‘(B) REPORTING REQUIREMENT.—Each participating
State shall submit to the Secretary a report on the success
of the pilot project in the State, including information
on—
‘‘(i) the quantity and cost of each type of fruit
and vegetable received by the State under the pilot
project; and
‘‘(ii) the benefit provided by those procurements
in conducting school food service in the State, including
meeting school meal requirements.’’.

SEC. 4203. SENIORS FARMERS’ MARKET NUTRITION PROGRAM.

7 USC 3007 note.

(a) IN GENERAL.—Section 4402(a) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is amended by
striking ‘‘2012’’ and inserting ‘‘2018’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
takes effect on October 1, 2013.
SEC. 4204. DIETARY GUIDELINES FOR AMERICANS.

Section 301(a) of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341(a)) is amended by adding
at the end the following:
‘‘(3) PREGNANT WOMEN AND YOUNG CHILDREN.—Not later
than the 2020 report and in each report thereafter, the Secretaries shall include national nutritional and dietary information

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 823

and guidelines for pregnant women and children from birth
until the age of 2.’’.
SEC. 4205. MULTIAGENCY TASK FORCE.

Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is amended by adding
at the end the following:
‘‘SEC. 242. MULTIAGENCY TASK FORCE.

‘‘(a) IN GENERAL.—The Secretary shall establish, in the office
of the Under Secretary for Food, Nutrition, and Consumer Services,
a multiagency task force for the purpose of providing coordination
and direction for commodity programs.
‘‘(b) COMPOSITION.—The Task Force shall be composed of at
least 4 members, including—
‘‘(1) a representative from the Food Distribution Division
of the Food and Nutrition Service, who shall—
‘‘(A) be appointed by the Under Secretary for Food,
Nutrition, and Consumer Services; and
‘‘(B) serve as Chairperson of the Task Force;
‘‘(2) at least 1 representative from the Agricultural Marketing Service, who shall be appointed by the Under Secretary
for Marketing and Regulatory Programs;
‘‘(3) at least 1 representative from the Farm Services
Agency, who shall be appointed by the Under Secretary for
Farm and Foreign Agricultural Services; and
‘‘(4) at least 1 representative from the Food Safety and
Inspection Service, who shall be appointed by the Under Secretary for Food Safety.
‘‘(c) DUTIES.—
‘‘(1) IN GENERAL.—The Task Force shall be responsible
for evaluation and monitoring of the commodity programs to
ensure that the commodity programs meet the mission of the
Department—
‘‘(A) to support the United States farm sector; and
‘‘(B) to contribute to the health and well-being of
individuals in the United States through the distribution
of domestic agricultural products through commodity programs.
‘‘(2) SPECIFIC DUTIES.—In carrying out paragraph (1), the
Task Force shall—
‘‘(A) review and make recommendations regarding the
specifications used for the procurement of food commodities;
‘‘(B) review and make recommendations regarding the
efficient and effective distribution of food commodities; and
‘‘(C) review and make recommendations regarding the
degree to which the quantity, quality, and specifications
of procured food commodities align the needs of producers
and the preferences of recipient agencies.
‘‘(d) REPORTS.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall
submit to Congress a report that describes, for the period covered
by the report—
‘‘(1) the findings and recommendations of the Task Force;
and
‘‘(2) policies implemented for the improvement of commodity procurement programs.’’.

7 USC 6952.

128 STAT. 824

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 4206. HEALTHY FOOD FINANCING INITIATIVE.

Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) (as amended by section
4205) is amended by adding at the end the following:
7 USC 6953.

‘‘SEC. 243. HEALTHY FOOD FINANCING INITIATIVE.

‘‘(a) PURPOSE.—The purpose of this section is to enhance the
authorities of the Secretary to support efforts to provide access
to healthy food by establishing an initiative to improve access
to healthy foods in underserved areas, to create and preserve quality
jobs, and to revitalize low-income communities by providing loans
and grants to eligible fresh, healthy food retailers to overcome
the higher costs and initial barriers to entry in underserved areas.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.—
The term ‘community development financial institution’ has
the meaning given the term in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
‘‘(2) INITIATIVE.—The term ‘Initiative’ means the Healthy
Food Financing Initiative established under subsection (c)(1).
‘‘(3) NATIONAL FUND MANAGER.—The term ‘national fund
manager’ means a community development financial institution
that is—
‘‘(A) in existence on the date of enactment of this
section; and
‘‘(B) certified by the Community Development Financial
Institution Fund of the Department of Treasury to manage
the Initiative for purposes of—
‘‘(i) raising private capital;
‘‘(ii) providing financial and technical assistance
to partnerships; and
‘‘(iii) funding eligible projects to attract fresh,
healthy food retailers to underserved areas, in accordance with this section.
‘‘(4) PARTNERSHIP.—The term ‘partnership’ means a
regional, State, or local public-private partnership that—
‘‘(A) is organized to improve access to fresh, healthy
foods;
‘‘(B) provides financial and technical assistance to
eligible projects; and
‘‘(C) meets such other criteria as the Secretary may
establish.
‘‘(5) PERISHABLE FOOD.—The term ‘perishable food’ means
a staple food that is fresh, refrigerated, or frozen.
‘‘(6) QUALITY JOB.—The term ‘quality job’ means a job that
provides wages and other benefits comparable to, or better
than, similar positions in existing businesses of similar size
in similar local economies.
‘‘(7) STAPLE FOOD.—
‘‘(A) IN GENERAL.—The term ‘staple food’ means food
that is a basic dietary item.
‘‘(B) INCLUSIONS.—The term ‘staple food’ includes—
‘‘(i) bread or cereal;
‘‘(ii) flour;
‘‘(iii) fruits;
‘‘(iv) vegetables;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 825

‘‘(v) meat; and
‘‘(vi) dairy products.
‘‘(c) INITIATIVE.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish an initiative to achieve the purpose described in subsection (a) in
accordance with this subsection.
‘‘(2) IMPLEMENTATION.—
‘‘(A) IN GENERAL.—
‘‘(i) IN GENERAL.—In carrying out the Initiative,
the Secretary shall provide funding to entities with
eligible projects, as described in subparagraph (B), subject to the priorities described in subparagraph (C).
‘‘(ii) USE OF FUNDS.—Funds provided to an entity
pursuant to clause (i) shall be used—
‘‘(I) to create revolving loan pools of capital
or other products to provide loans to finance
eligible projects or partnerships;
‘‘(II) to provide grants for eligible projects or
partnerships;
‘‘(III) to provide technical assistance to funded
projects and entities seeking Initiative funding;
and
‘‘(IV) to cover administrative expenses of the
national fund manager in an amount not to exceed
10 percent of the Federal funds provided.
‘‘(B) ELIGIBLE PROJECTS.—Subject to the approval of
the Secretary, the national fund manager shall establish
eligibility criteria for projects under the Initiative, which
shall include the existence or planned execution of agreements—
‘‘(i) to expand or preserve the availability of staple
foods in underserved areas with moderate- and lowincome populations by maintaining or increasing the
number of retail outlets that offer an assortment of
perishable food and staple food items, as determined
by the Secretary, in those areas; and
‘‘(ii) to accept benefits under the supplemental
nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.).
‘‘(C) PRIORITIES.—In carrying out the Initiative, priority
shall be given to projects that—
‘‘(i) are located in severely distressed low-income
communities, as defined by the Community Development Financial Institutions Fund of the Department
of Treasury; and
‘‘(ii) include 1 or more of the following characteristics:
‘‘(I) The project will create or retain quality
jobs for low-income residents in the community.
‘‘(II) The project supports regional food systems and locally grown foods, to the maximum
extent practicable.
‘‘(III) In areas served by public transit, the
project is accessible by public transit.
‘‘(IV) The project involves women- or minorityowned businesses.

128 STAT. 826

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(V) The project receives funding from other
sources, including other Federal agencies.
‘‘(VI) The project otherwise advances the purpose of this section, as determined by the Secretary.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$125,000,000, to remain available until expended.’’.
SEC. 4207. PURCHASE OF HALAL AND KOSHER FOOD FOR EMERGENCY
FOOD ASSISTANCE PROGRAM.

Section 202 of the Emergency Food Assistance Act of 1983
(7 U.S.C. 7502) is amended by adding at the end the following:
‘‘(h) KOSHER AND HALAL FOOD.—As soon as practicable after
the date of enactment of this subsection, the Secretary shall finalize
and implement a plan—
‘‘(1) to increase the purchase of Kosher and Halal food
from food manufacturers with a Kosher or Halal certification
to carry out the program established under this Act if the
Kosher and Halal food purchased is cost neutral as compared
to food that is not from food manufacturers with a Kosher
or Halal certification; and
‘‘(2) to modify the labeling of the commodities list used
to carry out the program in a manner that enables Kosher
and Halal distribution entities to identify which commodities
to obtain from local food banks.’’.

SEC. 4208. FOOD INSECURITY NUTRITION INCENTIVE.

Section 4405 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517) is amended to read as follows:

‘‘SEC. 4405. FOOD INSECURITY NUTRITION INCENTIVE.

‘‘(a) IN GENERAL.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a nonprofit organization (including an emergency
feeding organization);
‘‘(B) an agricultural cooperative;
‘‘(C) a producer network or association;
‘‘(D) a community health organization;
‘‘(E) a public benefit corporation;
‘‘(F) an economic development corporation;
‘‘(G) a farmers’ market;
‘‘(H) a community-supported agriculture program;
‘‘(I) a buying club;
‘‘(J) a retail food store participating in the supplemental nutrition assistance program;
‘‘(K) a State, local, or tribal agency; and
‘‘(L) any other entity the Secretary designates.
‘‘(2) EMERGENCY FEEDING ORGANIZATION.—The term ‘emergency feeding organization’ has the meaning given the term
in section 201A of the Emergency Food Assistance Act of 1983
(7 U.S.C. 7501).
‘‘(3) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—The
term ‘supplemental nutrition assistance program’ means the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
‘‘(b) FOOD INSECURITY NUTRITION INCENTIVE GRANTS.—
‘‘(1) AUTHORIZATION.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 827

‘‘(A) IN GENERAL.—In each of the years specified in
subsection (c), the Secretary shall make grants to eligible
entities in accordance with paragraph (2).
‘‘(B) FEDERAL SHARE.—The Federal share of the cost
of carrying out an activity under this subsection shall not
exceed 50 percent of the total cost of the activity.
‘‘(C) NON-FEDERAL SHARE.—
‘‘(i) IN GENERAL.—The non-Federal share of the
cost of an activity under this subsection may be provided—
‘‘(I) in cash or in-kind contributions as determined by the Secretary, including facilities, equipment, or services; and
‘‘(II) by a State or local government or a private source.
‘‘(ii) LIMITATION.—In the case of a for-profit entity,
the non-Federal share described in clause (i) shall not
include services of an employee, including salaries paid
or expenses covered by the employer.
‘‘(2) CRITERIA.—
‘‘(A) IN GENERAL.—For purposes of this subsection, an
eligible entity is a governmental agency or nonprofit
organization that—
‘‘(i) meets the application criteria set forth by the
Secretary; and
‘‘(ii) proposes a project that, at a minimum—
‘‘(I) has the support of the State agency;
‘‘(II) would increase the purchase of fruits and
vegetables by low-income consumers participating
in the supplemental nutrition assistance program
by providing incentives at the point of purchase;
‘‘(III) agrees to participate in the evaluation
described in paragraph (4);
‘‘(IV) ensures that the same terms and conditions apply to purchases made by individuals with
benefits issued under this Act 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); and
‘‘(V) includes effective and efficient technologies for benefit redemption systems that may
be replicated in other States and communities.
‘‘(B) PRIORITY.—In awarding grants under this section,
the Secretary shall give priority to projects that—
‘‘(i) maximize the share of funds used for direct
incentives to participants;
‘‘(ii) use direct-to-consumer sales marketing;
‘‘(iii) demonstrate a track record of designing and
implementing successful nutrition incentive programs
that connect low-income consumers and agricultural
producers;
‘‘(iv) provide locally or regionally produced fruits
and vegetables;
‘‘(v) are located in underserved communities; or

128 STAT. 828

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(vi) address other criteria as established by the
Secretary.
‘‘(3) APPLICABILITY.—
‘‘(A) IN GENERAL.—The value of any benefit provided
to a participant in any activity funded under this subsection
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)).
‘‘(B) PROHIBITION ON COLLECTION OF SALES TAXES.—
Each State shall ensure that no State or local tax is collected on a purchase of food under this subsection.
‘‘(C) NO LIMITATION ON BENEFITS.—A grant made available under this subsection 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.
‘‘(D) HOUSEHOLD ALLOTMENT.—Assistance provided
under this subsection to households receiving benefits
under the supplemental nutrition assistance program shall
not—
‘‘(i) be considered part of the supplemental nutrition assistance program benefits of the household; or
‘‘(ii) 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).
‘‘(4) EVALUATION.—
‘‘(A) INDEPENDENT EVALUATION.—The Secretary shall
provide for an independent evaluation of projects selected
under this subsection that measures the impact of each
project on—
‘‘(i) improving the nutrition and health status of
participating households receiving incentives under
this subsection; and
‘‘(ii) increasing fruit and vegetable purchases in
participating households.
‘‘(B) REQUIREMENT.—The independent evaluation
under subparagraph (A) shall use rigorous methodologies
capable of producing scientifically valid information
regarding the effectiveness of a project.
‘‘(C) COSTS.—The Secretary may use funds not to
exceed 10 percent of the funding provided to carry out
this section to pay costs associated with administering,
monitoring, and evaluating each project.
‘‘(c) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out subsection (b) $5,000,000
for each of fiscal years 2014 through 2018.
‘‘(2) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out subsection (b)—
‘‘(A) $35,000,000 for the period of fiscal years 2014
and 2015;
‘‘(B) $20,000,000 for each of fiscal years 2016 and 2017;
and
‘‘(C) $25,000,000 for fiscal year 2018.’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 829

SEC. 4209. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.

Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7630 et seq.) is amended by adding
at the end the following:
‘‘SEC. 413. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations
under subsection (e), the Secretary, acting through the Director
of the National Institute of Food and Agriculture, and working
in consultation with other appropriate Federal agencies that oversee
national service programs, shall administer a competitively awarded
food and agriculture service learning grant program (referred to
in this section as the ‘Program’) to increase knowledge of agriculture
and improve the nutritional health of children.
‘‘(b) PURPOSES.—The purposes of the Program are—
‘‘(1) to increase capacity for food, garden, and nutrition
education within host organizations or entities and school cafeterias and in the classroom;
‘‘(2) to complement and build on the efforts of the farm
to school programs implemented under section 18(g) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g));
‘‘(3) to complement efforts by the Department and school
food authorities to implement the school lunch program established under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773);
‘‘(4) to carry out activities that advance the nutritional
health of children and nutrition education in elementary schools
and secondary schools (as those terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)); and
‘‘(5) to foster higher levels of community engagement and
support the expansion of national service and volunteer
opportunities.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—In carrying out the Program, the
Director of the National Institute of Food and Agriculture shall
make competitive grants to eligible entities that carry out the
purposes described in paragraphs (1) through (5) of subsection
(b).
‘‘(2) PRIORITIES.—In making grants under this section, the
Secretary may consider projects that are carried out by entities
that—
‘‘(A) have a proven track record in carrying out the
purposes described in subsection (b);
‘‘(B) work in underserved rural and urban communities;
‘‘(C) teach and engage children in experiential learning
about agriculture, gardening, nutrition, cooking, and where
food comes from; and
‘‘(D) facilitate a connection between elementary schools
and secondary schools and agricultural producers in the
local and regional area.
‘‘(d) ACCOUNTABILITY.—

7 USC 7633.

128 STAT. 830

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(1) IN GENERAL.—The Secretary may require a partner
organization or other qualified entity to collect and report any
data on the activities carried out under the Program, as determined by the Secretary.
‘‘(2) EVALUATION.—The Secretary shall—
‘‘(A) conduct regular evaluations of the activities carried out under the Program; and
‘‘(B) 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 the results of each evaluation
conducted under subparagraph (A).
‘‘(e) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the Program $25,000,000,
to remain available until expended.
‘‘(2) ADMINISTRATION.—Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)) shall apply with respect
to the making of a competitive grant under this section.
‘‘(3) MAINTENANCE OF EFFORT.—Funds made available
under paragraph (1) shall be used only to supplement, not
to supplant, the amount of Federal funding otherwise expended
for nutrition, research, and extension programs of the Department.’’.

SEC. 4210. NUTRITION INFORMATION AND AWARENESS PILOT PROGRAM.

Section 4403 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3171 note; Public Law 107–171) is repealed.
SEC. 4211. TERMINATION OF EXISTING AGREEMENT.

Effective beginning on the date of the enactment of this Act,
the memorandum of understanding entered into on July 22, 2004,
by the Secretary of Agriculture of the United States Department
of Agriculture and the Secretary of Foreign Affairs of the Republic
of Mexico and known as the ‘‘Partnership for Nutrition Assistance
Initiative’’ is null and void.
SEC. 4212. REVIEW OF SOLE-SOURCE CONTRACTS IN FEDERAL NUTRITION PROGRAMS.

(a) IN GENERAL.—The Secretary shall conduct an evaluation
of sole-source contracts in Federal nutrition programs carried out
by the Secretary, and the effect the contracts have on program
participation, program goals, nonprogram consumers, retailers, and
free market dynamics.
(b) 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 that
describes the findings of the review conducted under subsection
(a).
42 USC 1755b.

SEC. 4213. PULSE CROP PRODUCTS.

(a) PURPOSE.—The purpose of this section is to encourage
greater awareness and interest in the number and variety of pulse
crop products available to schoolchildren, as recommended by the

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 831

most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341).
(b) DEFINITIONS.—In this section:
(1) ELIGIBLE PULSE CROP.—The term ‘‘eligible pulse crop’’
means dry beans, dry peas, lentils, and chickpeas.
(2) PULSE CROP PRODUCT.—The term ‘‘pulse crop product’’
means a food product derived in whole or in part from an
eligible pulse crop.
(c) PURCHASE OF PULSE CROPS AND PULSE CROP PRODUCTS.—
In addition to the commodities delivered under section 6 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1755),
subject to the availability of appropriations, the Secretary shall
purchase eligible pulse crops and pulse crop products for use in—
(1) the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
and
(2) the school breakfast program established by section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(d) EVALUATION.—Not later than September 30, 2016, the Secretary shall conduct an evaluation of the activities conducted under
subsection (c), including—
(1) an evaluation of whether children participating in the
school lunch and breakfast programs described in subsection
(c) increased overall consumption of eligible pulse crops as
a result of the activities;
(2) an evaluation of which eligible pulse crops and pulse
crop products are most acceptable for use in the school lunch
and breakfast programs;
(3) any recommendations of the Secretary regarding the
integration of the use of pulse crop products in carrying out
the school lunch and breakfast programs;
(4) an evaluation of any change in the nutrient composition
in the school lunch and breakfast programs due to the activities;
and
(5) an evaluation of any other outcomes determined to
be appropriate by the Secretary.
(e) REPORT.—As soon as practicable after the completion of
the evaluation under subsection (d), the Secretary shall submit
to the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Education and the Workforce of
the House of Representative a report describing the results of
the evaluation.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000, to remain
available until expended.
SEC. 4214. PILOT PROJECT FOR CANNED, FROZEN, OR DRIED FRUITS
AND VEGETABLES.

(a) IN GENERAL.—Subject to subsection (b), in the 2014–2015
school year, the Secretary shall carry out a pilot project in schools
participating in the Fresh Fruit and Vegetable Program under
section 19 of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769a) (referred to in this section as the ‘‘Program’’),
in not less than 5 States, to evaluate the impact of allowing schools
to offer canned, frozen, or dried fruits and vegetables as part of
the Program.

42 USC 1769a
note.

128 STAT. 832

PUBLIC LAW 113–79—FEB. 7, 2014

(b) REQUIREMENTS.—Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish criteria
for the conditions under which canned, frozen, or dried fruits and
vegetables may be offered, which shall be in accordance with the
most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341).
(c) EVALUATION.—With respect to the pilot project, the Secretary shall evaluate—
(1) the impacts on fruit and vegetable consumption at
the schools participating in the pilot project;
(2) the impacts of the pilot project on school participation
in the Program and operation of the Program;
(3) the implementation strategies used by the schools
participating in the pilot project;
(4) the acceptance of the pilot project by key stakeholders;
and
(5) such other outcomes as are determined by the Secretary.
(d) REPORTS.—
(1) INTERIM REPORT.—Not later than January 1, 2015, the
Secretary shall submit to the Committee on Education and
Workforce of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes the results of the evaluation under subsection
(c).
(2) FINAL REPORT.—On completion of the pilot project, the
Secretary shall submit to the Committee on Education and
Workforce of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes the results of the evaluation under subsection
(c).
(e) NOTICE OF AVAILABILITY.—As soon as practicable after the
date on which the Secretary establishes the criteria for the pilot
project under subsection (b), the Secretary shall notify potentially
eligible schools of the potential eligibility of the schools for participation in the pilot project.
(f) RELATIONSHIP TO FRESH FRUIT AND VEGETABLE PROGRAM.—
Nothing in this section permits a school that is not a part of
the pilot project to offer anything other than fresh fruits and vegetables through the Program.
(g) FUNDING.—The Secretary shall use $5,000,000 of amounts
otherwise made available to the Secretary to carry out this section.

TITLE V—CREDIT
Subtitle A—Farm Ownership Loans
SEC. 5001. ELIGIBILITY FOR FARM OWNERSHIP LOANS.

(a) IN GENERAL.—Section 302(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1922(a)) is amended—
(1) by striking ‘‘(a) IN GENERAL.—The’’ and inserting the
following:
‘‘(a) IN GENERAL.—
‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 833

(2) in the first sentence, by striking ‘‘and limited liability
companies’’ and inserting ‘‘limited liability companies, and such
other legal entities as the Secretary considers appropriate,’’;
(3) in the second sentence, by redesignating paragraphs
(1) through (4) as subparagraphs (A) through (D), respectively;
(4) in each of the second and third sentences, by striking
‘‘and limited liability companies’’ each place it appears and
inserting ‘‘limited liability companies, and such other legal entities’’;
(5) in the third sentence—
(A) by striking ‘‘clause (3)’’ and inserting ‘‘subparagraph (C)’’;
(B) by striking ‘‘clause (4)’’ and inserting ‘‘subparagraph (D)’’; and
(6) by adding at the end the following:
‘‘(2) SPECIAL RULES.—
‘‘(A) ELIGIBILITY OF CERTAIN OPERATING-ONLY ENTITIES.—An entity that is or will become only the operator
of a family farm shall be considered to meet the owneroperator requirements of paragraph (1) if the individuals
that are the owners of the family farm own more than
50 percent (or such other percentage as the Secretary determines is appropriate) of the entity.
‘‘(B) ELIGIBILITY OF CERTAIN EMBEDDED ENTITIES.—An
entity that is an owner-operator described in paragraph
(1), or an operator described in subparagraph (A) of this
paragraph that is owned, in whole or in part, by other
entities, shall be considered to meet the direct ownership
requirement imposed under paragraph (1) if at least 75
percent of the ownership interests of each embedded entity
of the entity is owned directly or indirectly by the individuals that own the family farm.’’.
(b) DIRECT FARM OWNERSHIP EXPERIENCE REQUIREMENT.—Section 302(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922(b)(1)) is amended in the matter preceding
subparagraph (A) by inserting ‘‘or has other acceptable experience
for a period of time, as determined by the Secretary,’’ after ‘‘3
years’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 304(c)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(c)(2)) by striking ‘‘paragraphs
(1) and (2) of section 302(a)’’ and inserting ‘‘subparagraphs
(A) and (B) of section 302(a)(1)’’.
(2) Section 310D(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1934(a)) is amended in the second
sentence—
(A) by inserting after ‘‘partnership’’ the following: ‘‘,
or such other legal entities as the Secretary considers
appropriate,’’; and
(B) by striking ‘‘or partners’’ each place it appears
and inserting ‘‘partners, or owners’’.
SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.

(a) ELIGIBILITY.—Section 304(c) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1924(c)) is amended by striking
‘‘or limited liability companies’’ and inserting ‘‘limited liability

128 STAT. 834

PUBLIC LAW 113–79—FEB. 7, 2014

companies, or such other legal entities as the Secretary considers
appropriate’’.
(b) LIMITATIONS APPLICABLE TO LOAN GUARANTEES.—Section
304(e) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1924(e)) is amended by striking ‘‘shall be 75 percent of
the principal amount of the loan.’’ and inserting ‘‘shall be—
‘‘(1) 80 percent of the principal amount of the loan; or
‘‘(2) in the case of a producer that is a qualified socially
disadvantaged farmer or rancher or a beginning farmer or
rancher, 90 percent of the principal amount of the loan.’’.
(c) EXTENSION OF PROGRAM.—Section 304 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1924) is amended
by striking subsection (h) and inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$150,000,000 for each of fiscal years 2014 through 2018.’’.
SEC. 5003. JOINT FINANCING ARRANGEMENTS.

Section 307(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)(3)) is amended by striking subparagraph
(D) and inserting the following:
‘‘(D) JOINT FINANCING ARRANGEMENTS.—If a direct farm
ownership loan is made under this subtitle as part of
a joint financing arrangement and the amount of the direct
farm ownership loan does not exceed 50 percent of the
total principal amount financed under the arrangement,
the interest rate on the direct farm ownership loan shall
be a rate equal to the greater of—
‘‘(i) the difference between—
‘‘(I) 2 percent; and
‘‘(II) the interest rate for farm ownership loans
under this subtitle; or
‘‘(ii) 2.5 percent.’’.
SEC. 5004. ELIMINATION OF MINERAL RIGHTS APPRAISAL REQUIREMENT.

Section 307 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1927) is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).

SEC. 5005. DOWN PAYMENT LOAN PROGRAM.

(a) IN GENERAL.—Section 310E(b)(1)(C) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is
amended by striking ‘‘$500,000’’ and inserting ‘‘$667,000’’.
(b) TECHNICAL CORRECTION.—Section 310E(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(b)) is
amended by striking paragraph (2) (as added by section 7(a) of
Public Law 102–554; 106 Stat. 4145).

Subtitle B—Operating Loans
SEC. 5101. ELIGIBILITY FOR FARM OPERATING LOANS.

Section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended—
(1) by striking ‘‘(a) IN GENERAL.—The’’ and inserting the
following:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 835

‘‘(a) IN GENERAL.—
‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’;
(2) in the first sentence, by striking ‘‘and limited liability
companies’’ and inserting ‘‘ limited liability companies, and
such other legal entities as the Secretary considers appropriate,’’;
(3) in the second sentence, by redesignating paragraphs
(1) through (4) as subparagraphs (A) through (D), respectively;
(4) in each of the second and third sentences, by striking
‘‘and limited liability companies’’ each place it appears and
inserting ‘‘limited liability companies, and such other legal entities’’;
(5) in the third sentence—
(A) by striking ‘‘clause (3)’’ and inserting ‘‘subparagraph (C)’’; and
(B) by striking ‘‘clause (4)’’ and inserting ‘‘subparagraph (D)’’; and
(6) by adding at the end the following:
‘‘(2) SPECIAL RULE.—An entity that is an operator described
in paragraph (1) that is owned, in whole or in part, by other
entities, shall be considered to meet the direct ownership
requirement imposed under paragraph (1) if at least 75 percent
of the ownership interests of each embedded entity of the
entity is owned directly or indirectly by the individuals that
own the family farm.’’.
SEC. 5102. ELIMINATION OF RURAL RESIDENCY REQUIREMENT FOR
OPERATING LOANS TO YOUTH.

Section 311(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(b)(1)) is amended by striking ‘‘who are
rural residents’’.
SEC. 5103. DEFAULTS BY YOUTH LOAN BORROWERS.

Section 311(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(b)) is amended by adding at the end
the following:
‘‘(5) EQUITABLE CONSIDERATIONS FOR DEFAULT.—
‘‘(A) DEBT FORGIVENESS.—
‘‘(i) IN GENERAL.—The Secretary may, on a caseby-case basis, provide debt forgiveness to a borrower
for a loan made under this subsection if the borrower
was unable to timely repay the loan due to circumstances beyond the control of the borrower, as
determined by the Secretary, including any natural
disaster, act of terrorism, or other man-made disaster
that results in an inordinate level of damage or disruption severely affecting the borrower.
‘‘(ii) ELIGIBILITY FOR FUTURE LOANS.—Notwithstanding any other provision of law, debt forgiveness
provided under this subparagraph shall not be used
by any Federal agency in determining the eligibility
of the borrower for any loan made or guaranteed by
the agency.
‘‘(B) EDUCATION LOANS.—Notwithstanding any other
provision of law, if a borrower becomes delinquent or is
provided with debt forgiveness with respect to a youth
loan made under this subsection, the borrower shall not
become ineligible, as a result of the delinquency or debt

128 STAT. 836

PUBLIC LAW 113–79—FEB. 7, 2014
forgiveness, to receive loans and loan guarantees from the
Federal Government to pay for education expenses of the
borrower.’’.

SEC. 5104. TERM LIMITS ON DIRECT OPERATING LOANS.

Section 311(c) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1941(c)) is amended by adding at the end the following:
‘‘(5) ANNUAL REPORT ON TERM LIMITS ON DIRECT OPERATING
LOANS.—
‘‘(A) IN GENERAL.—The Secretary shall prepare a report
annually that describes—
‘‘(i) the status of the direct operating loan program
of the Department of Agriculture; and
‘‘(ii) the impact of term limits on direct loan borrowers.
‘‘(B) DEMOGRAPHIC INFORMATION.—
‘‘(i) IN GENERAL.—The report shall provide a demographic breakdown, on a State-by-State basis, of—
‘‘(I) all direct loan borrowers; and
‘‘(II) borrowers that have reached the eligibility limit for direct lending programs during the
previous calendar year.
‘‘(ii) DEMOGRAPHIC INFORMATION.—The available
demographic information shall include, to the maximum extent practicable, a description of race or ethnicity, gender, age, type of farm or ranch, financial
classification, number of years of indebtedness, veteran
status, and other similar information, as determined
by the Secretary.
‘‘(C) ADDITIONAL CONTENT.—In addition to information
described in subparagraph (B), the report shall provide—
‘‘(i) a demographic analysis of the borrowers
impacted by term limits;
‘‘(ii) information on the conditions impacting the
direct lending portfolio of the Department of Agriculture, including impacts by region and agriculture
sector, and credit availability within those regions and
sectors;
‘‘(iii) to the maximum extent practicable, information on the status of borrower operations impacted
by term limits; and
‘‘(iv) recommendations, if appropriate, to address
any identifiable unmet credit needs.
‘‘(D) SUBMISSION.—The Secretary shall—
‘‘(i) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the
Senate a copy of the report; and
‘‘(ii) make the report available to the public,
including posting the report on the website of the
Department of Agriculture.’’.

SEC. 5105. VALUATION OF LOCAL OR REGIONAL CROPS.

Section 312 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1942) is amended by adding at the end the following:
‘‘(e) VALUATION OF LOCAL OR REGIONAL CROPS.—
‘‘(1) IN GENERAL.—The Secretary shall develop ways to
determine unit prices (or other appropriate forms of valuation)

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 837

for crops and other agricultural products, the end use of which
is intended to be in locally or regionally produced agricultural
food products, to facilitate lending to local and regional food
producers.
‘‘(2) PRICE HISTORY.—The Secretary shall implement a
mechanism for local and regional food producers to establish
price history for the crops and other agricultural products produced by local and regional food producers.’’.
SEC. 5106. MICROLOANS.

(a) IN GENERAL.—Section 313 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1943) is amended by adding
at the end the following:
‘‘(c) MICROLOANS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
may establish a program to make or guarantee microloans.
‘‘(2) LIMITATIONS.—The Secretary shall not make or guarantee a microloan under this subsection that would cause the
total principal indebtedness outstanding at any 1 time for
microloans made under this title to any 1 borrower to exceed
$50,000.
‘‘(3) APPLICATIONS.—To the maximum extent practicable,
the Secretary shall limit the administrative burdens and
streamline the application and approval process for microloans
under this subsection.
‘‘(4) COOPERATIVE LENDING PILOT PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), during
each of the 2014 through 2018 fiscal years, the Secretary
may carry out a pilot project to make loans to community
development financial institutions, as the Secretary determines appropriate—
‘‘(i) to make or guarantee microloans consistent
with the terms provided under this subsection; and
‘‘(ii) to provide business, financial, marketing, and
credit management services to microloan borrowers.
‘‘(B) REQUIREMENTS.—Prior to making a loan to an
institution described in subparagraph (A), the Secretary
shall—
‘‘(i) review and approve—
‘‘(I) the loan loss reserve fund for microloans
established by the institution; and
‘‘(II)
the
underwriting
standards
for
microloans of the institution; and
‘‘(ii) establish such other requirements for making
a loan to the institution as the Secretary determines
necessary.
‘‘(C) ELIGIBILITY.—To be eligible for a loan under
subparagraph (A), an institution described in subparagraph
(A) shall, as determined by the Secretary—
‘‘(i) have the legal authority necessary to carry
out the actions described in subparagraph (A);
‘‘(ii) have a proven track record of successfully
assisting agricultural borrowers; and
‘‘(iii) have the services of a staff with appropriate
loan making and servicing expertise.
‘‘(D) OVERSIGHT.—Not less often than annually, on a
date determined by the Secretary, an institution that has

128 STAT. 838

PUBLIC LAW 113–79—FEB. 7, 2014
a loan under this paragraph shall provide to the Secretary
such information as the Secretary may require to ensure
that the services provided by the institution are serving
the purposes of this subsection.
‘‘(E) LIMITATION.—The Secretary shall not make more
than $10,000,000 in loans under this paragraph in any
fiscal year.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 311(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1941(c)) is amended by striking
paragraph (2) and inserting the following:
‘‘(2) DEFINITION OF DIRECT OPERATING LOAN.—In this subsection, the term ‘direct operating loan’ does not include—
‘‘(A) a loan made to a youth under subsection (b);
or
‘‘(B) a microloan made to a beginning farmer or rancher
or a veteran farmer or rancher (as defined in section 2501(e)
of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(e)).’’.
(2) Section 312(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1942(a)) is amended in the matter
preceding paragraph (1) by inserting ‘‘(including a microloan,
as defined by the Secretary)’’ after ‘‘A direct loan’’.
(3) Section 316(a)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1946(a)(2)) is amended in the matter
preceding subparagraph (A) by inserting ‘‘a microloan to a
beginning farmer or rancher or veteran farmer or rancher (as
defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)), or’’ after ‘‘The
interest rate on’’.

SEC. 5107. TERM LIMITS ON GUARANTEED OPERATING LOANS.

Section 319 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1949) is amended—
(1) in subsection (a), by striking ‘‘(a) GRADUATION PLAN.—
’’; and
(2) by striking subsection (b).

Subtitle C—Emergency Loans
SEC. 5201. ELIGIBILITY FOR EMERGENCY LOANS.

Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended—
(1) by striking ‘‘owner-operators (in the case of loans for
a purpose under subtitle A) or operators (in the case of loans
for a purpose under subtitle B)’’ each place it appears and
inserting ‘‘(in the case of farm ownership loans in accordance
with subtitle A) owner-operators or operators, or (in the case
of loans for a purpose under subtitle B) operators’’;
(2) in the first sentence—
(A) by inserting ‘‘, or such other legal entities as the
Secretary considers appropriate’’ after ‘‘limited liability
companies’’ the first place it appears;
(B) by inserting ‘‘, or other legal entities’’ after ‘‘limited
liability companies’’ the second place it appears; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 839

(C) by striking ‘‘and limited liability companies,’’ and
inserting ‘‘limited liability companies, and such other legal
entities’’;
(3) in the second sentence, by striking ‘‘ownership and
operator’’ and inserting ‘‘ownership or operator’’; and
(4) by adding at the end the following: ‘‘An entity that
is an owner-operator or operator described in this subsection
shall be considered to meet the direct ownership requirement
imposed under this subsection if at least 75 percent of the
ownership interests of each embedded entity of the entity is
owned directly or indirectly by the individuals that own the
family farm.’’.

Subtitle D—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 ‘‘2012’’ and
inserting ‘‘2018’’.

SEC. 5302. FARMER LOAN PILOT PROJECTS.

Subtitle D of the Consolidated Farm and Rural Development
Act is amended by inserting after section 333C (7 U.S.C. 1983c)
the following:

‘‘SEC. 333D. FARMER LOAN PILOT PROJECTS.

‘‘(a) IN GENERAL.—The Secretary may conduct pilot projects
of limited scope and duration that are consistent with subtitle
A through this subtitle to evaluate processes and techniques that
may improve the efficiency and effectiveness of the programs carried
out under subtitle A through this subtitle.
‘‘(b) NOTIFICATION.—The Secretary shall—
‘‘(1) not less than 60 days before the date on which the
Secretary initiates a pilot project under subsection (a), submit
notice of the proposed pilot project to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate; and
‘‘(2) consider any recommendations or feedback provided
to the Secretary in response to the notice provided under paragraph (1).’’.
SEC. 5303. DEFINITION OF QUALIFIED BEGINNING FARMER OR
RANCHER.

(a) IN GENERAL.—Section 343(a)(11) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)(11)) is amended in
subparagraphs (C) and (D)—
(1) by striking ‘‘or joint operation,’’ each place it appears
and inserting ‘‘joint operation, or such other legal entity as
the Secretary considers appropriate,’’;
(2) by striking ‘‘or joint operators,’’ each place it appears
and inserting ‘‘joint operators, or owners,’’; and
(3) in subparagraph (D), by striking ‘‘corporation, has stockholders,’’ each place it appears in clauses (i)(II)(bb) and
(ii)(II)(bb) and inserting ‘‘cooperative, corporation, partnership,
joint operation, or other such legal entity as the Secretary

7 USC 1983d.

128 STAT. 840

PUBLIC LAW 113–79—FEB. 7, 2014

considers appropriate, has members, stockholders, partners, or
joint operators,’’.
(b) MODIFICATION OF ACREAGE OWNERSHIP LIMITATION.—Section 343(a)(11)(F) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1991(a)(11)(F)) is amended by striking ‘‘median acreage’’ and inserting ‘‘average acreage’’.
SEC. 5304. LOAN AUTHORIZATION LEVELS.

Section 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended in the matter preceding
subparagraph (A) by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 5305. 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—
(1) by striking ‘‘2012’’ and inserting ‘‘2018’’; and
(2) by striking ‘‘of the total amount’’.

SEC. 5306. BORROWER TRAINING.

Section 359(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006a(c)(2)) is amended by striking ‘‘section
302(a)(2) or 311(a)(2)’’ and inserting ‘‘section 302(a)(1)(B) or
311(a)(1)(B)’’.

Subtitle E—Miscellaneous
SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS.

Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C.
5106) is amended by striking ‘‘2015’’ and inserting ‘‘2018’’.
SEC. 5402. LOANS TO PURCHASERS OF HIGHLY FRACTIONATED LAND.

The first section of Public Law 91–229 (25 U.S.C. 488) is
amended—
(1) in subsection (a), in the first sentence, by striking
‘‘loans from’’ and all that follows through ‘‘1929)’’ and inserting
‘‘direct loans in a manner consistent with direct loans pursuant
to subtitle D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981 et seq.)’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘pursuant to section 205(c) of the Indian
Land Consolidation Act (25 U.S.C. 2204(c))’’; and
(B) by inserting ‘‘or to intermediaries in order to establish revolving loan funds for the purchase of highly
fractionated land under that section’’ before the period
at the end.

25 USC 488a.

SEC. 5403. REMOVAL OF DUPLICATIVE APPRAISALS.

12 USC 2252
note.

SEC. 5404. COMPENSATION DISCLOSURE BY FARM CREDIT SYSTEM
INSTITUTIONS.

Notwithstanding any other law (including regulations), in
making loans under the first section of Public Law 91–229 (25
U.S.C. 488), borrowers who are Indian tribes, members of Indian
tribes, or tribal corporations shall only be required to obtain 1
appraisal under an appraisal standard recognized as of the date
of enactment of this Act by the Secretary or the Secretary of
the Interior.
(a) FINDINGS.—Congress finds that —

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 841

(1) the reasonable disclosure to stockholders by Farm
Credit System institutions regarding the compensation of Farm
Credit System institution senior officers is beneficial to stockholders’ understanding of the operation of their institutions;
(2) transparency regarding compensation practices
reinforces the cooperative nature of Farm Credit System institutions;
(3) the unique cooperative structure of the Farm Credit
System should be considered when promulgating rules;
(4) the participation of stockholders in the election of the
boards of directors of Farm Credit System institutions provides
stockholders the opportunity to participate in the management
of their institutions;
(5) as representatives of stockholders, the boards of directors of Farm Credit System institutions importantly establish
and oversee the compensation practices of Farm Credit System
institutions to ensure the safe and sound operation of those
institutions; and
(6) any regulation should strengthen and not hinder the
ability of Farm Credit System boards of directors to oversee
compensation practices.
(b) IMPLEMENTATION.—Not later than 60 days after the date
of enactment of this Act, the Farm Credit Administration shall
review its rules to reflect Congressional intent that a primary
responsibility of the boards of directors of Farm Credit System
institutions, as elected representatives of their stockholders, is to
oversee compensation practices.

TITLE VI—RURAL DEVELOPMENT
Subtitle A—Consolidated Farm and Rural
Development Act
SEC. 6001. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY
GRANTS.

Section 306(a)(2)(B)(vii) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) is amended by striking
‘‘2012’’ and inserting ‘‘2018’’.
SEC. 6002. ELIMINATION OF RESERVATION OF COMMUNITY FACILITIES
GRANT PROGRAM FUNDS.

Section 306(a)(19) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by striking subparagraph (C).
SEC. 6003. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.

Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by striking paragraph
(22) and inserting the following:
‘‘(22) RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall continue a
national rural water and wastewater circuit rider program
that—

128 STAT. 842

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(i) is consistent with the activities and results
of the program conducted before the date of enactment
of this clause, as determined by the Secretary; and
‘‘(ii) receives funding from the Secretary, acting
through the Rural Utilities Service.
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this paragraph
$20,000,000 for fiscal year 2014 and each fiscal year thereafter.’’.

SEC. 6004. USE OF LOAN GUARANTEES FOR COMMUNITY FACILITIES.

Section 306(a)(24) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(24)) is amended by adding at the end
the following:
‘‘(C) USE OF LOAN GUARANTEES FOR COMMUNITY FACILITIES.—The Secretary shall consider the benefits to communities that result from using loan guarantees in carrying
out the community facilities program and, to the maximum
extent practicable, use guarantees to enhance community
involvement.’’.
SEC. 6005. 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
‘‘2012’’ and inserting ‘‘2018’’.

SEC. 6006. ESSENTIAL COMMUNITY FACILITIES TECHNICAL ASSISTANCE AND TRAINING.

Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by adding at the end
the following:
‘‘(26) ESSENTIAL COMMUNITY FACILITIES TECHNICAL ASSISTANCE AND TRAINING.—
‘‘(A) IN GENERAL.—The Secretary may make grants
to public bodies and private nonprofit corporations (such
as States, counties, cities, townships, and incorporated
towns and villages, boroughs, authorities, districts, and
Indian tribes on Federal and State reservations) that will
serve rural areas for the purpose of enabling the public
bodies and private nonprofit corporations to provide to
associations described in paragraph (1) technical assistance
and training, with respect to essential community facilities
programs authorized under this subsection—
‘‘(i) to assist communities in identifying and planning for community facility needs;
‘‘(ii) to identify public and private resources to
finance community facility needs;
‘‘(iii) to prepare reports and surveys necessary to
request financial assistance to develop community
facilities;
‘‘(iv) to prepare applications for financial assistance;
‘‘(v) to improve the management, including financial management, related to the operation of community facilities; or
‘‘(vi) to assist with other areas of need identified
by the Secretary.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 843

‘‘(B) SELECTION PRIORITY.—In selecting recipients of
grants under this paragraph, the Secretary shall give priority to private, nonprofit, or public organizations that
have experience in providing technical assistance and
training to rural entities.
‘‘(C) FUNDING.—Not less than 3 nor more than 5 percent of any funds appropriated to carry out each of the
essential community facilities grant, loan and loan guarantee programs as authorized under this subsection for
a fiscal year shall be reserved for grants under this paragraph.’’.
SEC. 6007. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT PROGRAM.

Section 306A(i)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926a(i)(2)) is amended by striking ‘‘2012’’
and inserting ‘‘2018’’.

SEC. 6008. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.

Section 306D(d)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926d(d)(1)) is amended by striking
‘‘2012’’ and inserting ‘‘2018’’.

SEC. 6009. HOUSEHOLD WATER WELL SYSTEMS.

Section 306E(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926e(d)) is amended by striking ‘‘$10,000,000
for each of fiscal years 2008 through 2012’’ and inserting ‘‘$5,000,000
for each of fiscal years 2014 through 2018’’.
SEC. 6010. RURAL BUSINESS AND INDUSTRY LOAN PROGRAM.

(a) IN GENERAL.—Section 310B(a)(2)(A) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(a)(2)(A)) is
amended by inserting ‘‘(including through the financing of working
capital)’’ after ‘‘employment’’.
(b) GREATER FLEXIBILITY FOR ADEQUATE COLLATERAL THROUGH
ACCOUNTS RECEIVABLE.—Section 310B(g)(7) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(7)) is
amended—
(1) by striking ‘‘In determining’’ and inserting the following:
‘‘(A) IN GENERAL.—In determining’’; and
(2) by adding at the end the following:
‘‘(B) ACCOUNTS RECEIVABLE.—In the discretion of the
Secretary, if the Secretary determines that the action would
not create or otherwise contribute to an unreasonable risk
of default or loss to the Federal Government, the Secretary
may take accounts receivable as security for the obligations
entered into in connection with loans and a borrower may
use accounts receivable as collateral to secure a loan made
or guaranteed under this subsection.’’.
(c) REGULATIONS.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate such regulations as are necessary to implement the amendments made by
this section.
SEC. 6011. SOLID WASTE MANAGEMENT GRANTS.

Section 310B(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(b)) is amended—

7 USC 1932 note.

128 STAT. 844

PUBLIC LAW 113–79—FEB. 7, 2014
(1) by striking ‘‘The Secretary’’ and by inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2014 through 2018.’’.

SEC. 6012. RURAL BUSINESS DEVELOPMENT GRANTS.

(a) IN GENERAL.—Section 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932) is amended by striking
subsection (c) and inserting the following:
‘‘(c) RURAL BUSINESS DEVELOPMENT GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants under
this subsection to eligible entities described in paragraph (2)
in rural areas that primarily serve rural areas for purposes
described in paragraph (3).
‘‘(2) ELIGIBLE ENTITIES.—The Secretary may make grants
under this subsection to—
‘‘(A) governmental entities;
‘‘(B) Indian tribes; and
‘‘(C) nonprofit entities.
‘‘(3) ELIGIBLE PURPOSES FOR GRANTS.—Eligible entities that
receive grants under this subsection may use the grant funds
for—
‘‘(A) business opportunity projects that—
‘‘(i) identify and analyze business opportunities;
‘‘(ii) identify, train, and provide technical assistance to existing or prospective rural entrepreneurs and
managers;
‘‘(iii) assist in the establishment of new rural
businesses and the maintenance of existing businesses,
including through business support centers;
‘‘(iv) conduct regional, community, and local economic development planning and coordination, and
leadership development; and
‘‘(v) establish centers for training, technology, and
trade that will provide training to rural businesses
in the use of interactive communications technologies
to develop international trade opportunities and markets; and
‘‘(B) projects that support the development of business
enterprises that finance or facilitate—
‘‘(i) the development of small and emerging private
business enterprise;
‘‘(ii) the establishment, expansion, and operation
of rural distance learning networks;
‘‘(iii) the development of rural learning programs
that provide educational instruction or job training
instruction related to potential employment or job
advancement to adult students; and
‘‘(iv) the provision of technical assistance and
training to rural communities for the purpose of
improving passenger transportation services or facilities.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 845

‘‘(A) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out this subsection
$65,000,000 for each of fiscal years 2014 through 2018,
to remain available until expended.
‘‘(B) ALLOCATION.—Of the funds made available under
subparagraph (A) for a fiscal year, not more than 10 percent
shall be used for the purposes described in paragraph
(3)(A).’’.
(b) CONFORMING AMENDMENT.—Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is
amended by striking paragraph (11).
SEC. 6013. RURAL COOPERATIVE DEVELOPMENT GRANTS.

Section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)) is amended—
(1) by redesignating paragraph (12) as paragraph (13);
(2) by inserting after paragraph (11) the following:
‘‘(12) INTERAGENCY WORKING GROUP.—Not later than 90
days after the date of enactment of the Agricultural Act of
2014, the Secretary shall coordinate and chair an interagency
working group to foster cooperative development and ensure
coordination with Federal agencies and national and local
cooperative organizations that have cooperative programs and
interests.’’; and
(3) in paragraph (13) (as so redesignated), by striking
‘‘$50,000,000 for each of fiscal years 2008 through 2012’’ and
inserting ‘‘$40,000,000 for each of fiscal years 2014 through
2018’’.
SEC. 6014. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL
FOOD PRODUCTS.

Section 310B(g)(9)(B)(v)(I) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(B)(v)(I)) is amended by
striking ‘‘2012’’ and inserting ‘‘2018’’.

SEC. 6015. 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 ‘‘2012’’ and
inserting ‘‘2018’’.
SEC. 6016. 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 ‘‘2012’’ and
inserting ‘‘2018’’.

SEC. 6017. INTERMEDIARY RELENDING PROGRAM.

(a) IN GENERAL.—Subtitle A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1922 et seq.) is amended by
adding at the end the following:
‘‘SEC. 310H. INTERMEDIARY RELENDING PROGRAM.

‘‘(a) IN GENERAL.—The Secretary may make or guarantee loans
to eligible entities described in subsection (b) so that the eligible
entities may relend the funds to individuals and entities for the
purposes described in subsection (c).
‘‘(b) ELIGIBLE ENTITIES.—Entities eligible for loans and loan
guarantees described in subsection (a) are—
‘‘(1) public agencies;

7 USC 1936b.

128 STAT. 846

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(2) Indian tribes;
‘‘(3) cooperatives; and
‘‘(4) nonprofit corporations.
‘‘(c) ELIGIBLE PURPOSES.—The proceeds from loans made or
guaranteed by the Secretary pursuant to subsection (a) may be
relent by eligible entities for projects that—
‘‘(1) predominately serve communities in rural areas; and
‘‘(2) as determined by the Secretary—
‘‘(A) promote community development;
‘‘(B) establish new businesses;
‘‘(C) establish and support microlending programs; and
‘‘(D) create or retain employment opportunities.
‘‘(d) LIMITATION.—The Secretary shall not make loans under
section 623(a) of the Community Economic Development Act of
1981 (42 U.S.C. 9812(a)).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2014 through 2018.’’.
(b) CONFORMING AMENDMENTS.—Section 1323(b)(2) of the Food
Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1932 note)
is amended—
(1) in subparagraph (A), by adding ‘‘and’’ at the end;
(2) in subparagraph (B), by striking ‘‘; and’’ and inserting
a period; and
(3) by striking subparagraph (C).
SEC. 6018. RURAL COLLEGE COORDINATED STRATEGY.

Section 331 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981) is amended by adding at the end the following:
‘‘(d) RURAL COLLEGE COORDINATED STRATEGY.—
‘‘(1) IN GENERAL.—The Secretary shall develop a coordinated strategy across the relevant programs within the Rural
Development mission areas to serve the specific, local needs
of rural communities when making investments in rural
community colleges and technical colleges through other
authorities in effect on the date of enactment of this subsection.
‘‘(2) CONSULTATION.—In developing a coordinated strategy,
the Secretary shall consult with groups representing ruralserving community colleges and technical colleges to coordinate
critical investments in rural community colleges and technical
colleges involved in workforce training.
‘‘(3) ADMINISTRATION.—Nothing in this subsection provides
a priority for funding under authorities in effect on the date
of enactment of this subsection.
‘‘(4) USE.—The Secretary shall use the coordinated strategy
and information developed for the strategy to more effectively
serve rural communities with respect to investments in community colleges and technical colleges.’’.

SEC. 6019. RURAL WATER AND WASTE DISPOSAL INFRASTRUCTURE.

Section 333 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1983) is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘require’’;
(2) in paragraph (1), by inserting ‘‘require’’ after ‘‘(1)’’;
(3) in paragraph (2), by inserting ‘‘, require’’ after ‘‘314’’;
(4) in paragraph (3), by inserting ‘‘require’’ after ‘‘loans,’’;
(5) in paragraph (4)—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 847

(A) by inserting ‘‘require’’ after ‘‘(4)’’; and
(B) by striking ‘‘and’’ after the semicolon;
(6) in paragraph (5)—
(A) by inserting ‘‘require’’ after ‘‘(5)’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(7) by adding at the end the following:
‘‘(6) in the case of water and waste disposal direct and
guaranteed loans provided under section 306, encourage, to
the maximum extent practicable, private or cooperative lenders
to finance rural water and waste disposal facilities by—
‘‘(A) maximizing the use of loan guarantees to finance
eligible projects in rural communities in which the population exceeds 5,500;
‘‘(B) maximizing the use of direct loans to finance
eligible projects in rural communities if the impact on
ratepayers will be material when compared to financing
with a loan guarantee;
‘‘(C) establishing and applying a materiality standard
when determining the difference in impact on ratepayers
between a direct loan and a loan guarantee;
‘‘(D) in the case of projects that require interim
financing in excess of $500,000, requiring that the projects
initially seek the financing from private or cooperative
lenders; and
‘‘(E) determining if an existing direct loan borrower
can refinance with a private or cooperative lender,
including with a loan guarantee, prior to providing a new
direct loan.’’.
SEC. 6020. SIMPLIFIED APPLICATIONS.

(a) IN GENERAL.—Section 333A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983a) is amended by adding
at the end the following:
‘‘(h) SIMPLIFIED APPLICATION FORMS.—Except as provided in
subsection (g)(2), the Secretary shall, to the maximum extent practicable, develop a simplified application process, including a single
page application if practicable, for grants and relending authorized
under sections 306, 306C, 306D, 306E, 310B(b), 310B(c), 310B(e),
310B(f), 310H, 379B, and 379E.’’.
(b) REPORT TO CONGRESS.—Not later than 2 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 that contains an evaluation of the implementation of the
amendment made by subsection (a).
SEC. 6021. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.

Section 378 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008m) is amended—
(1) in subsection (g)(1), by striking ‘‘2012’’ and inserting
‘‘2018’’; and
(2) in subsection (h), by striking ‘‘2012’’ and inserting
‘‘2018’’.

128 STAT. 848

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 6022. 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 subsection
(d) and inserting the following:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,000,000 for each
of fiscal years 2014 through 2018.’’.
SEC. 6023. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.

Section 379E(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘and’’ after the
semicolon at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) $3,000,000 for each of fiscal years 2014 through
2018.’’; and
(2) in paragraph (2), by striking ‘‘2012’’ and inserting
‘‘2018’’.

SEC. 6024. HEALTH CARE SERVICES.

Section 379G(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008u(e)) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.
SEC. 6025. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.

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:

7 USC 2008v.

‘‘SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.

‘‘(a) IN GENERAL.—In the case of any rural development program described in subsection (d)(2), the Secretary may 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;
‘‘(2) will be carried out solely in a rural area; and
‘‘(3) supports strategic community and economic development plans on a multijurisdictional basis.
‘‘(b) RURAL AREA.—For purposes of subsection (a)(2), the Secretary shall consider an application to be for a project that will
be carried out solely in a rural area only if—
‘‘(1) in the case of an application for a project in the
rural community facilities category described in subsection
(d)(2)(A), the project will be carried out in a rural area described
in section 343(a)(13)(C);
‘‘(2) in the case of an application for a project in the
rural utilities category described in subsection (d)(2)(B), the
project will be carried out in a rural area described in section
343(a)(13)(B); and
‘‘(3) in the case of an application for a project in the
rural business and cooperative development category described
in subsection (d)(2)(C), the project will be carried out in a
rural area described in section 343(a)(13)(A).
‘‘(c) EVALUATION.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 849

‘‘(1) IN GENERAL.—In evaluating strategic applications, the
Secretary shall give a higher priority to strategic applications
for a plan described in subsection (a) that demonstrates to
the Secretary—
‘‘(A) the plan was developed through the collaboration
of multiple stakeholders in the service area of the plan,
including the participation of combinations of stakeholders
such as State, local, and tribal governments, nonprofit
institutions, institutions of higher education, and private
entities;
‘‘(B) an understanding of the applicable regional
resources that could support the plan, including natural
resources, human resources, infrastructure, and financial
resources;
‘‘(C) investment from other Federal agencies;
‘‘(D) investment from philanthropic organizations; and
‘‘(E) clear objectives for the plan and the ability to
establish measurable performance measures and to track
progress toward meeting the objectives.
‘‘(2) CONSISTENCY WITH PLANS.—Applications involving
State, county, municipal, or tribal governments shall include
an indication of consistency with an adopted regional economic
or community development plan.
‘‘(d) FUNDS.—
‘‘(1) IN GENERAL.—Subject to paragraph (3) and subsection
(e), the Secretary may reserve for projects that support multijurisdictional strategic community and economic development
plans described in subsection (a) an amount that does not
exceed 10 percent of the funds made available for a fiscal
year for a functional category described in paragraph (2).
‘‘(2) FUNCTIONAL CATEGORIES.—The functional categories
described in this subsection are the following:
‘‘(A) RURAL COMMUNITY FACILITIES CATEGORY.—The
rural community facilities category consists of all amounts
made available for community facility grants and direct
and guaranteed loans under paragraph (1), (19), (20), (21),
(24), or (25) of section 306(a).
‘‘(B) RURAL UTILITIES CATEGORY.—The rural utilities
category consists of all amounts made available for—
‘‘(i) water or waste disposal grants or direct or
guaranteed loans under paragraph (1), (2), or (24) of
section 306(a);
‘‘(ii) rural water or wastewater technical assistance
and training grants under section 306(a)(14);
‘‘(iii) emergency community water assistance
grants under section 306A; or
‘‘(iv) solid waste management grants under section
310B(b).
‘‘(C) RURAL BUSINESS AND COOPERATIVE DEVELOPMENT
CATEGORY.—The rural business and cooperative development category consists of all amounts made available for—
‘‘(i) business and industry direct and guaranteed
loans under section 310B(a)(2)(A); or
‘‘(ii) rural business development grants under section 310B(c).

128 STAT. 850

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(3) PERIOD.—The reservation of funds described in paragraph (2) may only extend through June 30 of the fiscal year
in which the funds were first made available.
‘‘(e) APPROVED APPLICATIONS.—
‘‘(1) IN GENERAL.—Any applicant who submitted a rural
development application that was approved before the date
of enactment of this section may amend the application to
qualify for the funds reserved under subsection (d)(1).
‘‘(2) RURAL UTILITIES.—Any rural development application
authorized under section 306(a)(2), 306(a)(14), 306(a)(24), 306A,
or 310B(b) and approved by the Secretary before the date
of enactment of this section shall be eligible for the funds
reserved under subsection (d)(1) on the same basis as the
applications submitted under this section until September 30,
2016.’’.

SEC. 6026. 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 ‘‘2012’’ and inserting ‘‘2018’’.
(b) TERMINATION OF AUTHORITY.—Section 382N of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–13) is
amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 6027. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.

(a) AUDIT.—Section 383L(c) of the Consolidated Farm and Rural
Development Ac (7 U.S.C. 2009bb-10(c)) is amended by inserting
‘‘for any fiscal year for which funds are appropriated’’ after ‘‘annual
basis’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 383N(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2009bb–12(a)) is amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
(c) TERMINATION OF AUTHORITY.—Section 383O of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb–13) is
amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 6028. RURAL BUSINESS INVESTMENT PROGRAM.

Section 384S of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009cc–18) is amended by striking ‘‘$50,000,000 for
the period of fiscal years 2008 through 2012’’ and inserting
‘‘$20,000,000 for each of fiscal years 2014 through 2018’’.

Subtitle B—Rural Electrification Act of
1936
SEC. 6101. FEES FOR CERTAIN LOAN GUARANTEES.

The Rural Electrification Act of 1936 is amended by inserting
after section 4 (7 U.S.C. 904) the following:
7 USC 905.

‘‘SEC. 5. FEES FOR CERTAIN LOAN GUARANTEES.

‘‘(a) IN GENERAL.—For electrification baseload generation loan
guarantees, the Secretary shall, at the request of the borrower,
charge an upfront fee to cover the costs of the loan guarantee.
‘‘(b) FEE.—The fee described in subsection (a) for a loan guarantee shall be equal to the costs of the loan guarantee (within
the meaning of section 502(5)(C) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5)(C))).

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 851

‘‘(c) LIMITATION.—Funds received from a borrower to pay the
fee described in this section shall not be derived from a loan
or other debt obligation that is made or guaranteed by the Federal
Government.’’.
SEC. 6102. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR TELEPHONE PURPOSES.

Section 313A(f) of the Rural Electrification Act of 1936 (7 U.S.C.
940c–1(f)) is amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 6103. EXPANSION OF 911 ACCESS.

Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C.
940e(d)) is amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 6104. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES
IN RURAL AREAS.

(a) IN GENERAL.—Section 601 of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb) is amended—
(1) in subsection (c), by striking paragraph (2) and inserting
the following:
‘‘(2) PRIORITY.—In making loans or loan guarantees under
paragraph (1), the Secretary shall—
‘‘(A) establish not less than 2 evaluation periods for
each fiscal year to compare loan and loan guarantee
applications and to prioritize loans and loan guarantees
to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable
level of broadband service established under subsection
(e);
‘‘(B) give the highest priority to applicants that offer
to provide broadband service to the greatest proportion
of unserved households or households that do not have
residential broadband service that meets the minimum
acceptable level of broadband service established under
subsection (e), as—
‘‘(i) certified by the affected community, city,
county, or designee; or
‘‘(ii) demonstrated on—
‘‘(I) the broadband map of the affected State
if the map contains address-level data; or
‘‘(II) the National Broadband Map if addresslevel data is unavailable; and
‘‘(C) provide equal consideration to all qualified
applicants, including applicants that have not previously
received loans or loan guarantees under paragraph (1);
and
‘‘(D) give priority to applicants that offer in the applications of the applicants to provide broadband service not
predominantly for business service, if at least 25 percent
of the customers in the proposed service territory are
commercial interests.’’;
(2) in subsection (d)—
(A) in paragraph (1)(A), by striking clause (i) and
inserting the following:
‘‘(i) demonstrate the ability to furnish, improve
in order to meet the minimum acceptable level of
broadband service established under subsection (e), or
extend broadband service to all or part of an unserved

128 STAT. 852

PUBLIC LAW 113–79—FEB. 7, 2014
rural area or an area below the minimum acceptable
level of broadband service established under subsection
(e);’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
‘‘(i) not less than 15 percent of the households
in the proposed service territory are unserved or have
service levels below the minimum acceptable level of
broadband service established under subsection (e);
and’’;
(ii) in the heading of subparagraph (B), by striking
‘‘25’’; and
(iii) in subparagraph (C)—
(I) in the subparagraph heading, by striking
‘‘3 OR MORE’’; and
(II) by striking clause (i) and inserting the
following:
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), subparagraph (A)(ii) shall not apply to an incumbent service provider in the portion of a proposed
service territory in which the provider is upgrading
broadband service to meet the minimum acceptable
level of broadband service established under subsection
(e) for the existing territory of the incumbent service
provider.’’;
(C) in paragraph (3)(B), by adding at the end the
following:
‘‘(iii) INFORMATION.—Information submitted under
this subparagraph shall be—
‘‘(I) certified by the affected community, city,
county, or designee; or
‘‘(II) demonstrated on—
‘‘(aa) the broadband map of the affected
State if the map contains address-level data;
or
‘‘(bb) the National Broadband Map if
address-level data is unavailable.’’;
(D) by striking paragraph (5) and inserting the following:
‘‘(5) NOTICE REQUIREMENTS.—The Secretary shall promptly
provide a fully searchable database on the website of the Rural
Utilities Service that contains, at a minimum—
‘‘(A) notice of each application for a loan or loan guarantee under this section describing the application,
including—
‘‘(i) the identity of the applicant;
‘‘(ii) a description of each application, including—
‘‘(I) each area proposed to be served by the
applicant; and
‘‘(II) the amount and type of support requested
by each applicant;
‘‘(iii) the status of each application;
‘‘(iv) the estimated number and proportion relative
to the service territory of households without terrestrial-based broadband service in those areas; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 853

‘‘(v) a list of the census block groups or proposed
service territory, in a manner specified by the Secretary, that the applicant proposes to service;
‘‘(B) notice of each entity receiving assistance under
this section, including—
‘‘(i) the name of the entity;
‘‘(ii) the type of assistance being received;
‘‘(iii) the purpose for which the entity is receiving
the assistance;
‘‘(iv) each semiannual report submitted under
paragraph (8)(A) (redacted to protect any proprietary
information in the report); and
‘‘(C) such other information as is sufficient to allow
the public to understand assistance provided under this
section.’’;
(E) by adding at the end the following:
‘‘(8) REPORTING.—
‘‘(A) IN GENERAL.—The Secretary shall require any
entity receiving assistance under this section to submit
a semiannual report for 3 years after completion of the
project, in a format specified by the Secretary, that
describes—
‘‘(i) 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
‘‘(ii) the progress towards fulfilling the objectives
for which the assistance was granted, including—
‘‘(I) the number and location of residences and
businesses 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 broadband service
in a proposed service area;
‘‘(IV) any changes in broadband service adoption rates, including new subscribers generated
from demand-side projects; and
‘‘(V) any metrics the Secretary determines to
be appropriate;
‘‘(B) ADDITIONAL REPORTING.—The Secretary may
require any additional reporting and information by any
recipient of any assistance under this section so as to
ensure compliance with this section.
‘‘(9) DEFAULT AND DEOBLIGATION.—In addition to other
authority under applicable law, the Secretary shall establish
written procedures for all broadband programs administered
by the Rural Utilities Service under this or any other Act
that, to the maximum extent practicable—
‘‘(A) recover funds from loan defaults;
‘‘(B) deobligate any awards, less allowable costs that
demonstrate an insufficient level of performance (including

128 STAT. 854

PUBLIC LAW 113–79—FEB. 7, 2014
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 section;
‘‘(C) award those funds, on a competitive basis, to
new or existing applicants consistent with this section;
and
‘‘(D) minimize overlap among the programs.
‘‘(10) SERVICE AREA ASSESSMENT.—The Secretary shall,
with respect to an application for assistance under this section—
‘‘(A) provide not less than 15 days for broadband service
providers to voluntarily submit information concerning the
broadband services that the providers offer in the census
block groups or tracts described in paragraph (5)(A)(v) so
that the Secretary may assess whether the applications
submitted meet the eligibility requirements under this section; and
‘‘(B) if no broadband service provider submits information under subparagraph (A), consider the number of providers in the census block group or tract to be established
by using—
‘‘(i) the most current National Broadband Map of
the National Telecommunications and Information
Administration; or
‘‘(ii) any other data regarding the availability of
broadband service that the Secretary may collect or
obtain through reasonable efforts.’’;
(3) in subsection (e)—
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Subject to paragraph (2), for purposes
of this section, the minimum acceptable level of broadband
service for a rural area shall be at least—
‘‘(A) a 4-Mbps downstream transmission capacity; and
‘‘(B) a 1-Mbps upstream transmission capacity.
‘‘(2) ADJUSTMENTS.—
‘‘(A) IN GENERAL.—At least once every 2 years, the
Secretary shall review, and may adjust through notice published in the Federal Register, the minimum acceptable
level of broadband service established under paragraph
(1) to ensure that high quality, cost-effective broadband
service is provided to rural areas over time.
‘‘(B) CONSIDERATIONS.—In making an adjustment to
the minimum acceptable level of broadband service under
subparagraph (A), the Secretary may consider establishing
different transmission rates for fixed broadband service
and mobile broadband service.’’;
(4) in subsection (g), by striking paragraph (2) and inserting
the following:
‘‘(2) TERMS.—In determining the term and conditions of
a loan or loan guarantee, the Secretary may—
‘‘(A) consider whether the recipient is or would be
serving an area that is unserved or has service levels

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 855

below the minimum acceptable level of broadband service
established under subsection (e); and
‘‘(B) if the Secretary makes a determination in the
affirmative under subparagraph (A), establish a limited
initial deferral period or comparable terms necessary to
achieve the financial feasibility and long-term sustainability of the project.’’;
(5) in subsection (j)—
(A) in paragraph (1), by inserting ‘‘, including any
loan terms or conditions for which the Secretary provided
additional assistance to unserved areas’’ before the semicolon at the end;
(B) in paragraph (5), by striking ‘‘and’’ after the semicolon at the end;
(C) in paragraph (6), by striking the period at the
end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(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;
‘‘(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.’’; and
(6) in subsections (k)(1) and (l), by striking ‘‘2012’’ each
place it appears and inserting ‘‘2018’’.
(b) STUDY ON PROVIDING EFFECTIVE DATA FOR NATIONAL
BROADBAND MAP.—.
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Commerce and the Chairman of the Federal
Communications Commission, shall conduct a study of the ways
that data collected under the broadband programs of the Secretary of Agriculture could be most effectively shared with
the Commission to support the development and maintenance
of the National Broadband Map by the Commission.
(2) INCLUSIONS.—The study shall include a consideration
of the circumstances under which address-level data could be
collected by the Secretary and appropriately shared with the
Commission.
(3) COMPLETION.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall complete the
study required under this subsection.
(4) REPORT.—Not later than 60 days after the date of
completion of the study, the Secretary shall submit a report
describing the results of the study to—
(A) the Committee on Agriculture of the House of Representatives;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

128 STAT. 856

PUBLIC LAW 113–79—FEB. 7, 2014
(D) the Committee on
Transportation of the Senate.

Commerce,

Science,

and

SEC. 6105. RURAL GIGABIT NETWORK PILOT 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:

7 USC 950bb–2.

‘‘SEC. 603. RURAL GIGABIT NETWORK PILOT PROGRAM.

‘‘(a) DEFINITION OF ULTRA-HIGH SPEED SERVICE.—In this section, the term ‘ultra-high speed service’ means broadband service
operating at a 1 gigabit per second downstream transmission
capacity.
‘‘(b) PILOT PROGRAM.—The Secretary shall establish a pilot
program to be known as the ‘Rural Gigabit Network Pilot Program’,
under which the Secretary may, at the discretion of the Secretary,
provide grants, loans, or loan guarantees to eligible entities.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—To be eligible to obtain assistance under
this section, an entity shall—
‘‘(A) demonstrate to the Secretary the ability to furnish
or extend ultra-high speed service to a rural area;
‘‘(B) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
‘‘(C) not already provide ultra-high speed service to
a rural area within any State in the proposed service
territory; and
‘‘(D) agree to complete buildout of ultra-high speed
service by not later than 3 years after the initial date
on which assistance under this section is made available.
‘‘(2) ELIGIBLE PROJECTS.—Assistance under this section may
only be used to carry out a project in a proposed service territory
if—
‘‘(A) the proposed service territory is a rural area;
and
‘‘(B) ultra-high speed service is not provided in any
part of the proposed service territory.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2014 through 2018.’’.

Subtitle C—Miscellaneous
SEC. 6201. 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 ‘‘$100,000,000 for each of fiscal
years 1996 through 2012’’ and inserting ‘‘$75,000,000 for each of
fiscal years 2014 through 2018’’.
(b) CONFORMING AMENDMENT.—Section 1(b) of Public Law 102–
551 (7 U.S.C. 950aaa note) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.
SEC. 6202. AGRICULTURAL TRANSPORTATION.

Section 203(j) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(j)) is amended by striking ‘‘the Interstate Commerce

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 857

Commission, the Maritime Commission,,’’ and inserting ‘‘the Surface
Transportation Board, the Federal Maritime Commission,’’.
SEC.

6203.

VALUE-ADDED
AGRICULTURAL
DEVELOPMENT GRANTS.

PRODUCT

MARKET

Section 231(b) of the Agricultural Risk Protection Act of 2000
(7 U.S.C. 1632a(b)) is amended—
(1) by striking paragraph (6) and inserting the following:
‘‘(6) PRIORITY.—
‘‘(A) ELIGIBLE INDEPENDENT PRODUCERS OF VALUEADDED AGRICULTURAL PRODUCTS.—In
awarding grants
under paragraph (1)(A), the Secretary shall give priority
to—
‘‘(i) operators of small- and medium-sized farms
and ranches that are structured as family farms;
‘‘(ii) beginning farmers or ranchers;
‘‘(iii) socially disadvantaged farmers or ranchers;
and
‘‘(iv) veteran farmers or ranchers (as defined in
section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e))).
‘‘(B) ELIGIBLE AGRICULTURAL PRODUCER GROUPS,
FARMER OR RANCHER COOPERATIVES, AND MAJORITY-CONTROLLED
PRODUCER-BASED
BUSINESS
VENTURE.—In
awarding grants under paragraph (1)(B), the Secretary
shall give priority to projects (including farmer or rancher
cooperative projects) that best contribute to creating or
increasing marketing opportunities for operators, farmers,
and ranchers described in subparagraph (A).’’; and
(2) in paragraph (7)—
(A) in subparagraph (A)—
(i) by striking ‘‘On October 1, 2008,’’ and inserting
‘‘On the date of enactment of the Agricultural Act
of 2014,’’; and
(ii) by striking ‘‘$15,000,000’’ and inserting
‘‘$63,000,000’’; and
(B) in subparagraph (B), by striking ‘‘2012’’ and
inserting ‘‘2018’’.
SEC. 6204. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.

Section 6402(i) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 1632b(i)) is amended by striking ‘‘$6,000,000
for each of fiscal years 2008 through 2012’’ and inserting ‘‘$1,000,000
for each of fiscal years 2014 through 2018’’.
SEC. 6205. RURAL ENERGY SAVINGS PROGRAM.

Subtitle E of title VI of the Farm Security and Rural Investment
Act of 2002 (Public Law 107–171; 116 Stat. 424) is amended by
adding at the end the following:
‘‘SEC. 6407. RURAL ENERGY SAVINGS PROGRAM.

‘‘(a) PURPOSE.—The purpose of this section is to help rural
families and small businesses achieve cost savings by providing
loans to qualified consumers to implement durable cost-effective
energy efficiency measures.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

7 USC 8107a.

128 STAT. 858

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(A) any public power district, public utility district,
or similar entity, or any electric cooperative described in
section 501(c)(12) or 1381(a)(2) of the Internal Revenue
Code of 1986, that borrowed and repaid, prepaid, or is
paying an electric loan made or guaranteed by the Rural
Utilities Service (or any predecessor agency);
‘‘(B) any entity primarily owned or controlled by 1
or more entities described in subparagraph (A); or
‘‘(C) any other entity that is an eligible borrower of
the Rural Utilities Service, as determined under section
1710.101 of title 7, Code of Federal Regulations (or a successor regulation).
‘‘(2) ENERGY EFFICIENCY MEASURES.—The term ‘energy efficiency measures’ means, for or at property served by an eligible
entity, structural improvements and investments in cost-effective, commercial technologies to increase energy efficiency.
‘‘(3) QUALIFIED CONSUMER.—The term ‘qualified consumer’
means a consumer served by an eligible entity that has the
ability to repay a loan made under subsection (d), as determined
by the eligible entity.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture, acting through the Administrator of the Rural
Utilities Service.
‘‘(c) LOANS TO ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall make loans to eligible entities that agree to use the
loan funds to make loans to qualified consumers for the purpose
of implementing energy efficiency measures.
‘‘(2) REQUIREMENTS.—
‘‘(A) IN GENERAL.—As a condition of receiving a loan
under this subsection, an eligible entity shall—
‘‘(i) establish a list of energy efficiency measures
that is expected to decrease energy use or costs of
qualified consumers;
‘‘(ii) prepare an implementation plan for use of
the loan funds, including use of any interest to be
received pursuant to subsection (d)(1)(A);
‘‘(iii) provide for appropriate measurement and
verification to ensure—
‘‘(I) the effectiveness of the energy efficiency
loans made by the eligible entity; and
‘‘(II) that there is no conflict of interest in
carrying out this section; and
‘‘(iv) demonstrate expertise in effective use of
energy efficiency measures at an appropriate scale.
‘‘(B) REVISION OF LIST OF ENERGY EFFICIENCY MEASURES.—Subject to the approval of the Secretary, an eligible
entity may update the list required under subparagraph
(A)(i) to account for newly available efficiency technologies.
‘‘(C) EXISTING ENERGY EFFICIENCY PROGRAMS.—An
eligible entity that, at any time before the date that is
60 days after the date of enactment of this section, has
established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and
verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 859

the list, plan, or systems are consistent with the purposes
of this section.
‘‘(3) NO INTEREST.—A loan under this subsection shall bear
no interest.
‘‘(4) REPAYMENT.—With respect to a loan under paragraph
(1)—
‘‘(A) the term shall not exceed 20 years from the date
on which the loan is closed; and
‘‘(B) except as provided in paragraph (6), the repayment
of each advance shall be amortized for a period not to
exceed 10 years.
‘‘(5) AMOUNT OF ADVANCES.—Any advance of loan funds
to an eligible entity in any single year shall not exceed 50
percent of the approved loan amount.
‘‘(6) SPECIAL ADVANCE FOR START-UP ACTIVITIES.—
‘‘(A) IN GENERAL.—In order to assist an eligible entity
in defraying the appropriate start-up costs (as determined
by the Secretary) of establishing new programs or modifying existing programs to carry out subsection (d), the
Secretary shall allow an eligible entity to request a special
advance.
‘‘(B) AMOUNT.—No eligible entity may receive a special
advance under this paragraph for an amount that is greater
than 4 percent of the loan amount received by the eligible
entity under paragraph (1).
‘‘(C) REPAYMENT.—Repayment of the special advance—
‘‘(i) shall be required during the 10-year period
beginning on the date on which the special advance
is made; and
‘‘(ii) at the election of the eligible entity, may be
deferred to the end of the 10-year period.
‘‘(7) LIMITATION.—All special advances shall be made under
a loan described in paragraph (1) during the first 10 years
of the term of the loan.
‘‘(d) LOANS TO QUALIFIED CONSUMERS.—
‘‘(1) TERMS OF LOANS.—Loans made by an eligible entity
to qualified consumers using loan funds provided by the Secretary under subsection (c)—
‘‘(A) may bear interest, not to exceed 3 percent, to
be used for purposes that include—
‘‘(i) to establish a loan loss reserve; and
‘‘(ii) to offset personnel and program costs of
eligible entities to provide the loans;
‘‘(B) shall finance energy efficiency measures for the
purpose of decreasing energy usage or costs of the qualified
consumer by an amount that ensures, to the maximum
extent practicable, that a loan term of not more than 10
years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity;
‘‘(C) shall not be used to fund purchases of, or modifications to, personal property unless the personal property
is or becomes attached to real property (including a manufactured home) as a fixture;
‘‘(D) shall be repaid through charges added to the
electric bill for the property for, or at which, energy efficiency measures are or will be implemented, on the condition that this requirement does not prohibit—

128 STAT. 860

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(i) the voluntary prepayment of a loan by the
owner of the property; or
‘‘(ii) the use of any additional repayment mechanisms that are—
‘‘(I) demonstrated to have appropriate risk
mitigation features, as determined by the eligible
entity; or
‘‘(II) required if the qualified consumer is no
longer a customer of the eligible entity; and
‘‘(E) shall require an energy audit by an eligible entity
to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified
consumer.
‘‘(2) CONTRACTORS.—In addition to any other qualified general contractor, eligible entities may serve as general contractors.
‘‘(e) CONTRACT FOR MEASUREMENT AND VERIFICATION,
TRAINING, AND TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this section, the Secretary—
‘‘(A) shall establish a plan for measurement and
verification, training, and technical assistance of the program; and
‘‘(B) may enter into 1 or more contracts with a qualified
entity for the purposes of—
‘‘(i) providing measurement and verification activities; and
‘‘(ii) developing a program to provide technical
assistance and training to the employees of eligible
entities to carry out this section.
‘‘(2) USE OF SUBCONTRACTORS AUTHORIZED.—A qualified
entity that enters into a contract under paragraph (1) may
use subcontractors to assist the qualified entity in carrying
out the contract.
‘‘(f) ADDITIONAL AUTHORITY.—The authority provided in this
section is in addition to any other authority of the Secretary to
offer loans under any other law.
‘‘(g) EFFECTIVE PERIOD.—Subject to the availability of funds
and except as otherwise provided in this section, the loans and
other expenditures required to be made under this section shall
be available until expended, with the Secretary authorized to make
new loans as loans are repaid.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $75,000,000 for each
of fiscal years 2014 through 2018.’’.
SEC. 6206. STUDY OF RURAL TRANSPORTATION ISSUES.

(a) IN GENERAL.—The Secretary of Agriculture and the Secretary of Transportation shall publish an updated version of the
study described in section 6206 of the Food, Conservation, and
Energy Act of 2008 (as amended by subsection (b)).
(b) ADDITION TO STUDY.—Section 6206(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1971)
is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 861

(3) by adding at the end the following:
‘‘(5) the sufficiency of infrastructure along waterways in
the United States and the impact of the infrastructure on
the movement of agricultural goods in terms of safety, efficiency
and speed, as well as the benefits derived through upgrades
and repairs to locks and dams.’’.
(c) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Agriculture and
the Secretary of Transportation shall submit to Congress the
updated version of the study required by subsection (a).
SEC. 6207. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT.

Section 15751 of title 40, United States Code, is amended—
(1) in subsection (a), by striking ‘‘2012’’ and inserting
‘‘2018’’; and
(2) in subsection (b)—
(A) by striking ‘‘Not more than’’ and inserting the
following:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
not more than’’; and
(B) by adding at the end the following:
‘‘(2) LIMITED FUNDING.—In a case in which less than
$10,000,000 is made available to a Commission for a fiscal
year under this section, paragraph (1) shall not apply.’’.

SEC. 6208. 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 ‘‘1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the
decennial census in the year 2010’’ and inserting ‘‘1990, 2000,
or 2010 decennial census, and any area deemed to be a ‘rural
area’ for purposes of this title under any other provision of
law at any time during the period beginning January 1, 2000,
and ending December 31, 2010, shall continue to be so classified
until the receipt of data from the decennial census in the
year 2020’’; and
(2) by striking ‘‘25,000’’ and inserting ‘‘35,000’’.

SEC. 6209. PROGRAM METRICS.

(a) IN GENERAL.—The Secretary shall collect data regarding
economic activities created through grants and loans, including
any technical assistance provided as a component of the grant
or loan program, and measure the short- and long-term viability
of award recipients and any entities to whom those recipients
provide assistance using award funds, under—
(1) section 231 of the Agricultural Risk Protection Act
of 2000 (7 U.S.C. 1632a);
(2) section 313(b)(2) of the Rural Electrification Act of 1936
(7 U.S.C. 940c(b)(2)); or
(3) section 310B(c), 310B(e), 310B(g), 310H, or 379E, or
subtitle E, of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(c), 1932(e), 1932(g), 2008s, 2009 et seq.).
(b) DATA.—The data collected under subsection (a) shall include
information collected from recipients both during the award period

7 USC 2207b.

128 STAT. 862

PUBLIC LAW 113–79—FEB. 7, 2014

and for a period of time, as determined by the Secretary, which
is not less than 2 years after the award period ends.
(c) REPORT.—
(1) IN GENERAL.—Not later than 4 years after the date
of enactment of this Act, 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 that
contains the data described in subsection (a).
(2) DETAILED INFORMATION.—The report shall include
detailed information regarding—
(A) actions taken by the Secretary to use the data;
(B) the percentage increase of employees;
(C) the number of business starts and clients served;
(D) any benefit, such as an increase in revenue or
customer base; and
(E) such other information as the Secretary considers
appropriate.
SEC. 6210. FUNDING OF PENDING RURAL DEVELOPMENT LOAN AND
GRANT APPLICATIONS.

(a) IN GENERAL.—The Secretary shall use funds made available
under subsection (b) to provide funds for applications that are
pending on the date of enactment of this Act in accordance with
the terms and conditions of section 6029 of the Food, Conservation,
and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1955).
(b) FUNDING.—Notwithstanding any other provision of law,
beginning in fiscal year 2014, of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$150,000,000, to remain available until expended.

TITLE VII—RESEARCH, EXTENSION,
AND RELATED MATTERS
Subtitle A—National Agricultural Research, Extension, and Teaching Policy
Act of 1977
SEC. 7101. OPTION TO BE INCLUDED AS NON-LAND-GRANT COLLEGE
OF AGRICULTURE.

Section 1404 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103) is amended—
(1) by striking paragraph (5) and inserting the following
new paragraph:
‘‘(5) COOPERATING FORESTRY SCHOOL.—
‘‘(A) IN GENERAL.—The term ‘cooperating forestry
school’ means an institution—
‘‘(i) that is eligible to receive funds under Public
Law 87–788 (commonly known as the McIntire-Stennis
Cooperative Forestry Act; 16 U.S.C. 582a et seq.); and
‘‘(ii) with respect to which the Secretary has not
received a declaration of the intent of that institution
to not be considered a cooperating forestry school.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 863

‘‘(B) TERMINATION OF DECLARATION.—A declaration of
the intent of an institution to not be considered a cooperating forestry school submitted to the Secretary shall be
in effect until September 30, 2018.’’;
(2) in paragraph (10)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking
‘‘that’’;
(ii) in clause (i)—
(I) by inserting ‘‘that’’ before ‘‘qualify’’; and
(II) by striking ‘‘and’’ at the end;
(iii) in clause (ii)—
(I) by inserting ‘‘that’’ before ‘‘offer’’; and
(II) by striking the period at the end and
inserting ‘‘; and’’; and
(iv) by adding at the end the following new clause:
‘‘(iii) with respect to which the Secretary has not
received a declaration of the intent of a college or
university to not be considered a Hispanic-serving agricultural college or university.’’; and
(B) by adding at the end the following new subparagraph:
‘‘(C) TERMINATION OF DECLARATION OF INTENT.—A declaration of the intent of a college or university to not
be considered a Hispanic-serving agricultural college or
university submitted to the Secretary shall be in effect
until September 30, 2018.’’; and
(3) in paragraph (14)—
(A) in subparagraph (A), by striking ‘‘agriculture or
forestry’’ and inserting ‘‘food and agricultural sciences’’;
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following
new subparagraph:
‘‘(B) DESIGNATION.—Not later than 90 days after the
date of the enactment of this subparagraph, the Secretary
shall establish an ongoing process through which public
colleges or universities may apply for designation as an
NLGCA Institution.’’.
SEC. 7102. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND ECONOMICS ADVISORY BOARD.

(a) EXTENSION OF TERMINATION DATE.—Section 1408(h) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123(h)) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.
(b) DUTIES OF NATIONAL AGRICULTURAL RESEARCH, EXTENSION,
EDUCATION, AND ECONOMICS ADVISORY BOARD.—Section 1408(c) of
the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123(c)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Committee on Appropriations of the
Senate’’ and all that follows through the semi-colon and
inserting ‘‘Committee on Appropriations of the Senate on—
’’; and
(B) by adding at the end the following new subparagraphs:

128 STAT. 864

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(A) long-term and short-term national policies and
priorities consistent with the purposes specified in section
1402 for agricultural research, extension, education, and
economics; and
‘‘(B) the annual establishment of priorities that—
‘‘(i) are in accordance with the purposes specified
in a provision of a covered law (as defined in subsection
(d) of section 1492) under which competitive grants
(described in subsection (c) of such section) are
awarded; and
‘‘(ii) the Board determines are national priorities.’’;
(2) in paragraph (3), by striking ‘‘and’’ at the end;
(3) in paragraph (4)—
(A) in subparagraph (B), by striking ‘‘the national
research policies and priorities set forth in’’ inserting
‘‘national research policies and priorities that are consistent
with the purposes specified in’’; and
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following new paragraph:
‘‘(5) consult with industry groups on agricultural research,
extension, education, and economics, and make recommendations to the Secretary based on that consultation.’’.

SEC. 7103. SPECIALTY CROP COMMITTEE.

(a) ESTABLISHMENT OF SUBCOMMITTEE.—Section 1408A(a) of
the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123a(a)) is amended—
(1) by striking ‘‘Not later than’’ and inserting the following:
‘‘(1) IN GENERAL.—Not later than’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) CITRUS DISEASE SUBCOMMITTEE.—
‘‘(A) IN GENERAL.—Not later than 45 days after the
date of the enactment of the Agricultural Act of 2014,
the Secretary shall establish within the speciality crops
committee, and appoint the initial members of, a citrus
disease subcommittee to carry out the responsibilities of
the subcommittee described in subsection (g) in accordance
with subsection (j)(3) of section 412 of the Agricultural
Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7632).
‘‘(B) COMPOSITION.—The citrus disease subcommittee
shall be composed of 9 members, each of whom is a
domestic producer of citrus in a State, represented as follows:
‘‘(i) Three of such members shall represent Arizona
or California.
‘‘(ii) Five of such members shall represent Florida.
‘‘(iii) One of such members shall represent Texas.
‘‘(C) MEMBERSHIP.—The Secretary may appoint individuals who are not members of the specialty crops committee
or the Advisory Board established under section 1408 as
members of the citrus disease subcommittee
‘‘(D) TERMINATION.—The subcommittee established
under subparagraph (A) shall terminate on September 30,
2018.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 865

‘‘(E) FEDERAL ADVISORY COMMITTEE ACT.—The subcommittee established under subparagraph (A) shall be
covered by the exemption to section 9(c) of the Federal
Advisory Committee Act (5 U.S.C. App.) applicable to the
Advisory Board under section 1408(f).’’.
(b) MEMBERS.—Section 1408A(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3123a(b)) is amended—
(1) by striking ‘‘Individuals’’ and inserting the following:
‘‘(1) ELIGIBILITY.—Individuals’’;
(2) by striking ‘‘Members’’ and inserting the following:
‘‘(2) SERVICE.—Members’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) DIVERSITY.—Membership of the specialty crops committee shall reflect diversity in the specialty crops represented.’’.
(c) ANNUAL COMMITTEE REPORT.—Section 1408A(c) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123a(c)) is amended—
(1) in paragraph (1), by striking ‘‘Measures’’ and inserting
‘‘Programs’’;
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively;
(4) in paragraph (2) (as so redesignated)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘Programs that would’’ and inserting ‘‘Research,
extension, and teaching programs designed to improve
competitiveness in the specialty crop industry, including
programs that would’’;
(B) in subparagraph (D), by inserting ‘‘, including
improving the quality and taste of processed specialty
crops’’ before the semicolon; and
(C) in subparagraph (G), by inserting ‘‘the remote
sensing and the’’ before ‘‘mechanization’’; and
(5) by adding at the end the following:
‘‘(5) Analysis of the alignment of specialty crops committee
recommendations with grants awarded through the specialty
crop research initiative established under section 412 of the
Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7632).’’.
(d) CONSULTATION WITH SPECIALTY CROP INDUSTRY.—Section
1408A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3123a) is amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
‘‘(d) CONSULTATION WITH SPECIALTY CROP INDUSTRY.—In
studying the scope and effectiveness of programs under subsection
(a), the specialty crops committee shall consult on an ongoing basis
with diverse sectors of the specialty crop industry.’’; and
(3) in subsection (f) (as redesignated by paragraph (1)),
by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’.
(e) DUTIES OF CITRUS DISEASE SUBCOMMITTEE.—Section 1408A
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3123a), as amended by subsection

128 STAT. 866

PUBLIC LAW 113–79—FEB. 7, 2014

(d), is further amended by adding at the end the following new
subsection:
‘‘(g) CITRUS DISEASE SUBCOMMITTEE DUTIES.—For the purposes
of subsection (j) of section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632), the citrus
disease subcommittee shall—
‘‘(1) advise the Secretary on citrus research, extension,
and development needs;
‘‘(2) propose, by a favorable vote of two-thirds of the members of the subcommittee, a research and extension agenda
and annual budgets for the funds made available to carry
out such subsection;
‘‘(3) evaluate and review ongoing research and extension
funded under the emergency citrus disease research and extension program (as defined in such subsection);
‘‘(4) establish, by a favorable vote of two-thirds of the
members of the subcommittee, annual priorities for the award
of grants under such subsection;
‘‘(5) provide the Secretary any comments on grants awarded
under such subsection during the previous fiscal year; and
‘‘(6) engage in regular consultation and collaboration with
the Department and other institutional, governmental, and private persons conducting scientific research on, and extension
activities related to, the causes or treatments of citrus diseases
and pests, both domestic and invasive, for purposes of—
‘‘(A) maximizing the effectiveness of research and
extension projects funded under the citrus disease research
and extension program;
‘‘(B) hastening the development of useful treatments;
‘‘(C) avoiding duplicative and wasteful expenditures;
and
‘‘(D) providing the Secretary with such information
and advice as the Secretary may request.’’.
SEC. 7104. VETERINARY SERVICES GRANT PROGRAM.

The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1415A
(7 U.S.C. 3151a) the following new section:

7 USC 3151b.

‘‘SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) QUALIFIED ENTITY.—The term ‘qualified entity’
means—
‘‘(A) a for-profit or nonprofit entity located in the
United States that, or an individual who, operates a veterinary clinic providing veterinary services—
‘‘(i) in a rural area, as defined in section 343(a)
of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1991(a)); and
‘‘(ii) in a veterinarian shortage situation;
‘‘(B) a State, national, allied, or regional veterinary
organization or specialty board recognized by the American
Veterinary Medical Association;
‘‘(C) a college or school of veterinary medicine accredited by the American Veterinary Medical Association;
‘‘(D) a university research foundation or veterinary
medical foundation;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 867

‘‘(E) a department of veterinary science or department
of comparative medicine accredited by the Department of
Education;
‘‘(F) a State agricultural experiment station; or
‘‘(G) a State, local, or tribal government agency.
‘‘(2) VETERINARIAN SHORTAGE SITUATION.—The term ‘veterinarian shortage situation’ means a veterinarian shortage situation as determined by the Secretary under section 1415A.
‘‘(b) ESTABLISHMENT.—
‘‘(1) COMPETITIVE GRANTS.—The Secretary shall carry out
a program to make competitive grants to qualified entities
that carry out programs or activities described in paragraph
(2) for the purpose of developing, implementing, and sustaining
veterinary services.
‘‘(2) ELIGIBILITY REQUIREMENTS.—A qualified entity shall
be eligible to receive a grant described in paragraph (1) if
the entity carries out programs or activities that the Secretary
determines will—
‘‘(A) substantially relieve veterinarian shortage situations;
‘‘(B) support or facilitate private veterinary practices
engaged in public health activities; or
‘‘(C) support or facilitate the practices of veterinarians
who are providing or have completed providing services
under an agreement entered into with the Secretary under
section 1415A(a)(2).
‘‘(c) AWARD PROCESSES AND PREFERENCES.—
‘‘(1) APPLICATION, EVALUATION, AND INPUT PROCESSES.—
In administering the grant program established under this
section, the Secretary shall—
‘‘(A) use an appropriate application and evaluation
process, as determined by the Secretary; and
‘‘(B) seek the input of interested persons.
‘‘(2) COORDINATION PREFERENCE.—In selecting recipients
of grants to be used for any of the purposes described in
subsection (d)(1), the Secretary shall give a preference to qualified entities that provide documentation of coordination with
other qualified entities, with respect to any such purpose.
‘‘(3) CONSIDERATION OF AVAILABLE FUNDS.—In selecting
recipients of grants to be used for any of the purposes described
in subsection (d), the Secretary shall take into consideration
the amount of funds available for grants and the purposes
for which the grant funds will be used.
‘‘(4) NATURE OF GRANTS.—A grant awarded under this section shall be considered to be a competitive research, extension,
or education grant.
‘‘(d) USE OF GRANTS TO RELIEVE VETERINARIAN SHORTAGE
SITUATIONS AND SUPPORT VETERINARY SERVICES.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a qualified entity may use funds provided by a grant awarded
under this section to relieve veterinarian shortage situations
and support veterinary services for any of the following purposes:
‘‘(A) To promote recruitment (including for programs
in secondary schools), placement, and retention of veterinarians, veterinary technicians, students of veterinary
medicine, and students of veterinary technology.

128 STAT. 868

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(B) To allow veterinary students, veterinary interns,
externs, fellows, and residents, and veterinary technician
students to cover expenses (other than the types of
expenses described in section 1415A(c)(5)) to attend
training programs in food safety or food animal medicine.
‘‘(C) To establish or expand accredited veterinary education programs (including faculty recruitment and retention), veterinary residency and fellowship programs, or veterinary internship and externship programs carried out
in coordination with accredited colleges of veterinary medicine.
‘‘(D) To provide continuing education and extension,
including veterinary telemedicine and other distance-based
education, for veterinarians, veterinary technicians, and
other health professionals needed to strengthen veterinary
programs and enhance food safety.
‘‘(E) To provide technical assistance for the preparation
of applications submitted to the Secretary for designation
as a veterinarian shortage situation under this section
or section 1415A.
‘‘(2) QUALIFIED ENTITIES OPERATING VETERINARY CLINICS.—
A qualified entity described in subsection (a)(1)(A) may only
use funds provided by a grant awarded under this section
to establish or expand veterinary practices, including—
‘‘(A) equipping veterinary offices;
‘‘(B) sharing in the reasonable overhead costs of such
veterinary practices, as determined by the Secretary; or
‘‘(C) establishing mobile veterinary facilities in which
a portion of the facilities will address education or extension
needs.
‘‘(e) SPECIAL REQUIREMENTS FOR CERTAIN GRANTS.—
‘‘(1) TERMS OF SERVICE REQUIREMENTS.—
‘‘(A) IN GENERAL.—Funds provided through a grant
made under this section to a qualified entity described
in subsection (a)(1)(A) and used by such entity under subsection (d)(2) shall be subject to an agreement between
the Secretary and such entity that includes a required
term of service for such entity (including a qualified entity
operating as an individual), as established by the Secretary.
‘‘(B) CONSIDERATIONS.—In establishing a term of
service under subparagraph (A), the Secretary shall consider only—
‘‘(i) the amount of the grant awarded; and
‘‘(ii) the specific purpose of the grant.
‘‘(2) BREACH REMEDIES.—
‘‘(A) IN GENERAL.—An agreement under paragraph (1)
shall provide remedies for any breach of the agreement
by the qualified entity referred to in paragraph (1)(A),
including repayment or partial repayment of the grant
funds, with interest.
‘‘(B) WAIVER.—The Secretary may grant a waiver of
the repayment obligation for breach of contract if the Secretary determines that such qualified entity demonstrates
extreme hardship or extreme need.
‘‘(C) TREATMENT OF AMOUNTS RECOVERED.—Funds
recovered under this paragraph shall—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 869

‘‘(i) be credited to the account available to carry
out this section; and
‘‘(ii) remain available until expended without further appropriation.
‘‘(f) PROHIBITION ON USE OF GRANT FUNDS FOR CONSTRUCTION.—Except as provided in subsection (d)(2), funds made available
for grants under this section may not be used—
‘‘(1) to construct a new building or facility; or
‘‘(2) to acquire, expand, remodel, or alter an existing
building or facility, including site grading and improvement
and architect fees.
‘‘(g) REGULATIONS.—Not later than 1 year after the date of
the enactment of this section, the Secretary shall promulgate regulations to carry out this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for fiscal year 2014 and each fiscal year thereafter,
to remain available until expended.’’.
SEC. 7105. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE
SCIENCES EDUCATION.

Section 1417(m) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)) is amended
by striking ‘‘section $60,000,000’’ and all that follows and inserting
the following: ‘‘section—
‘‘(1) $60,000,000 for each of fiscal years 1990 through 2013;
and
‘‘(2) $40,000,000 for each of fiscal years 2014 through
2018.’’.

SEC. 7106. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.

Section 1419A of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3155) is amended—
(1) in the section heading, by inserting ‘‘AGRICULTURAL
AND FOOD’’ before ‘‘POLICY’’;
(2) in subsection (a), in the matter preceding paragraph
(1)—
(A) by striking ‘‘Secretary may’’ and inserting ‘‘Secretary shall, acting through the Office of the Chief Economist,’’; and
(B) by striking ‘‘make grants, competitive grants, and
special research grants to, and enter into cooperative agreements and other contracting instruments with,’’ and
inserting ‘‘make competitive grants to, or enter into
cooperative agreements with,’’;
(3) by striking subsection (b) and inserting the following
new subsection:
‘‘(b) ELIGIBLE RECIPIENTS.—An entity eligible to apply for
funding under subsection (a) is a State agricultural experiment
station, college or university, or other public research institution
or organization that has a history of providing—
‘‘(1) unbiased, nonpartisan economic analysis to Congress
on the areas specified in paragraphs (1) through (4) of subsection (a); or
‘‘(2) objective, scientific information to Federal agencies
and the public to support and enhance efficient, accurate
implementation of Federal drought preparedness and drought

128 STAT. 870

PUBLIC LAW 113–79—FEB. 7, 2014

response programs, including interagency thresholds used to
determine eligibility for mitigation or emergency assistance.’’;
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(5) by inserting after subsection (b) the following new subsection:
‘‘(c) PREFERENCE.—In making awards under this section, the
Secretary shall give a preference to policy research centers that
have—
‘‘(1) extensive databases, models, and demonstrated experience in providing Congress with agricultural market projections, rural development analysis, agricultural policy analysis,
and baseline projections at the farm, multiregional, national,
and international levels; or
‘‘(2) information, analysis, and research relating to drought
mitigation.’’;
(6) in subsection (d)(2) (as redesignated by paragraph (4)),
by inserting ‘‘applied’’ after ‘‘theoretical and’’; and
(7) by striking subsection (e) (as redesignated by paragraph
(4) ) and inserting the following new subsection:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2014 through 2018.’’.
SEC. 7107. 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)—
(A) in paragraph (1), by striking ‘‘(or grants without
regard to any requirement for competition)’’; and
(B) in paragraph (3), by striking ‘‘2012’’ and inserting
‘‘2018’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘(or grants without
regard to any requirement for competition)’’; and
(B) in paragraph (3), by striking ‘‘2012’’ and inserting
‘‘2018’’.

SEC. 7108. REPEAL OF HUMAN NUTRITION INTERVENTION AND
HEALTH PROMOTION RESEARCH PROGRAM.

Section 1424 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174) is repealed.

SEC. 7109. REPEAL OF PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND AGRICULTURAL RESEARCH.

Section 1424A of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174a) is repealed.

SEC. 7110. NUTRITION EDUCATION PROGRAM.

Section 1425(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(f)) is amended
by striking ‘‘2012’’ and inserting ‘‘2018’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 871

SEC. 7111. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH
PROGRAMS.

(a) IN GENERAL.—Section 1433 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3195) is amended to read as follows:

‘‘SEC. 1433. CONTINUING ANIMAL HEALTH AND DISEASE, FOOD SECURITY, AND STEWARDSHIP RESEARCH, EDUCATION, AND
EXTENSION PROGRAMS.

‘‘(a) CAPACITY AND INFRASTRUCTURE PROGRAM.—
‘‘(1) IN GENERAL.—In each State with one or more accredited colleges of veterinary medicine, the deans of the accredited
college or colleges and the director of the State agricultural
experiment station shall develop a comprehensive animal
health and disease research program for the State based on
the animal health research capacity of each eligible institution
in the State, which shall be submitted to the Secretary for
approval and shall be used for the allocation of funds available
to the State under this section.
‘‘(2) USE OF FUNDS.—An eligible institution allocated funds
to carry out animal health and disease research under this
section may only use such funds—
‘‘(A) to meet the expenses of conducting animal health
and disease research, publishing and disseminating the
results of such research, and contributing to the retirement
of employees subject to the Act of March 4, 1940 (7 U.S.C.
331);
‘‘(B) for administrative planning and direction; and
‘‘(C) to purchase equipment and supplies necessary
for conducting research described in subparagraph (A).
‘‘(3) COOPERATION AMONG ELIGIBLE INSTITUTIONS.—The Secretary, to the maximum extent practicable, shall encourage
eligible institutions to cooperate in setting research priorities
under this section through conducting regular regional and
national meetings.
‘‘(b) COMPETITIVE GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary, for purposes of addressing
the critical needs of animal agriculture, shall award competitive
grants to eligible entities under which such eligible entities—
‘‘(A) conduct research—
‘‘(i) to promote food security, such as by—
‘‘(I) improving feed efficiency;
‘‘(II) improving energetic efficiency;
‘‘(III)
connecting
genomics,
proteomics,
metabolomics and related phenomena to animal
production;
‘‘(IV) improving reproductive efficiency; and
‘‘(V) enhancing pre- and post-harvest food
safety systems; and
‘‘(ii) on the relationship between animal and
human health, such as by—
‘‘(I) exploring new approaches for vaccine
development;
‘‘(II) understanding and controlling zoonosis,
including its impact on food safety;
‘‘(III) improving animal health through feed;
and

128 STAT. 872

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(IV) enhancing product quality and nutritive
value; and
‘‘(B) develop and disseminate to the public tools and
information based on the research conducted under
subparagraph (A) and sound science.
‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to receive a
grant under this subsection is any of the following:
‘‘(A) A State cooperative institution.
‘‘(B) An NLGCA Institution.
‘‘(3) ADMINISTRATION.—In carrying out this subsection, the
Secretary shall establish procedures—
‘‘(A) to seek and accept proposals for grants;
‘‘(B) to review and determine the relevance and merit
of proposals, in consultation with representatives of the
animal agriculture industry;
‘‘(C) to provide a scientific peer review of each proposal
conducted by a panel of subject matter experts from Federal
agencies, academic institutions, State animal health agencies, and the animal agriculture industry; and
‘‘(D) to award competitive grants on the basis of merit,
quality, and relevance.
‘‘(c) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$25,000,000 for each of fiscal years 2014 through 2018.
‘‘(2) RESERVATION OF FUNDS.—The Secretary shall reserve
not less than $5,000,000 of the funds made available under
paragraph (1) to carry out the capacity and infrastructure program under subsection (a).
‘‘(3) INITIAL APPORTIONMENT.—The amounts made available
under paragraph (1) that are remaining after the reservation
of funds under paragraph (2), shall be apportioned as follows:
‘‘(A) 15 percent of such amounts shall be used to carry
out the capacity and infrastructure program under subsection (a).
‘‘(B) 85 percent of such funds shall be used to carry
out the competitive grant program under subsection (b).
‘‘(4) ADDITIONAL APPORTIONMENT.—The funds reserved
under paragraph (2) and apportioned under paragraph (3)(A)
to carry out the capacity and infrastructure program under
subsection (a) shall be apportioned as follows:
‘‘(A) Four percent shall be retained by the Department
of Agriculture for administration, program assistance to
the eligible institutions, and program coordination.
‘‘(B) 48 percent shall be distributed among the several
States in the proportion that the value of and income
to producers from domestic livestock, poultry, and commercial aquaculture species in each State bears to the total
value of and income to producers from domestic livestock,
poultry, and commercial aquaculture species in all the
States. The Secretary shall determine the total value of
and income from domestic livestock, poultry, and commercial aquaculture species in all the States and the proportionate value of and income from domestic livestock,
poultry, and commercial aquaculture species for each State,
based on the most current inventory of all cattle, sheep,

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 873

swine, horses, poultry, and commercial aquaculture species
published by the Department of Agriculture.
‘‘(C) 48 percent shall be distributed among the several
States in the proportion that the animal health research
capacity of the eligible institutions in each State bears
to the total animal health research capacity in all the
States. The Secretary shall determine the animal health
research capacity of the eligible institutions.
‘‘(5) SPECIAL RULES FOR APPORTIONMENT OF CERTAIN
FUNDS.—With respect to funds reserved under paragraph (2)
and apportioned under paragraph (3)(A) to carry out the
capacity and infrastructure program under subsection (a), the
following shall apply:
‘‘(A) When the amount available under this section
for allotment to any State on the basis of domestic livestock,
poultry, and commercial aquaculture species values and
incomes exceeds the amount for which the eligible institution or institutions in the State are eligible on the basis
of animal health research capacity, the excess may be
used, at the discretion of the Secretary, for remodeling
of facilities, construction of new facilities, or increase in
staffing, proportionate to the need for added research
capacity.
‘‘(B) Whenever a new college of veterinary medicine
is established in a State and is accredited, the Secretary,
after consultation with the dean of such college and the
director of the State agricultural experiment station and
where applicable, deans of other accredited colleges in the
State, shall provide for the reallocation of funds available
to the State pursuant to paragraph (4) between the new
college and other eligible institutions in the State, based
on the animal health research capacity of each eligible
institution.
‘‘(C) Whenever two or more States jointly establish
an accredited regional college of veterinary medicine or
jointly support an accredited college of veterinary medicine
serving the States involved, the Secretary is authorized
to make funds which are available to such States pursuant
to paragraph (4) available for such college in such amount
that reflects the combined relative value of, and income
from, domestic livestock, poultry, and commercial aquaculture species in the cooperating States, such amount
to be adjusted, as necessary, pursuant to subsection (a)(1)
and subparagraph (B).’’.
(b) CONFORMING AMENDMENTS.—
(1) DEFINITION OF STATE COOPERATIVE INSTITUTION.—Section 1404(18) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103(18)) is
amended—
(A) in subparagraph (E), by striking ‘‘and’’ at the end;
(B) in subparagraph (F), by striking ‘‘subtitles E, G,’’
and inserting ‘‘subtitles G,’’;
(C) by redesignating subparagraph (F) as subparagraph
(G); and
(D) by inserting after subparagraph (E) the following
new subparagraph:
‘‘(F) section 1430; and’’.

128 STAT. 874

PUBLIC LAW 113–79—FEB. 7, 2014
(2) DEFINITION OF CAPACITY AND INFRASTRUCTURE PRO251(f)(1)(C)(vi) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)(vi)) is
amended by inserting ‘‘except for the competitive grant program
under section 1433(b)’’ before the period at the end.
(3) SUBTITLE E OF THE NATIONAL AGRICULTURAL RESEARCH,
EXTENSION, AND TEACHING POLICY ACT OF 1977.—Subtitle E
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended—
(A) in section 1431(a) (7 U.S.C. 3193(a)), by inserting
‘‘under sections 1433(a) and 1434’’ after ‘‘eligible institutions’’;
(B) in section 1435 (7 U.S.C. 3197), by striking ‘‘for
allocation under the terms of this subtitle’’ and inserting
‘‘to carry out sections 1433(a) and 1434’’;
(C) in section 1436 (7 U.S.C. 3198), in the first sentence, by striking ‘‘section 1433 of this title’’ and inserting
‘‘subsection (c) of section 1433 to carry out subsection (a)
of such section’’;
(D) in section 1437 (7 U.S.C. 3199), in the first sentence, by striking ‘‘States under section 1433 of this title’’
and inserting ‘‘States under subsection (c) of section 1433
to carry out subsection (a) of such section’’;
(E) in section 1438 (7 U.S.C. 3200), in the first sentence
by striking ‘‘under this subtitle’’ and inserting ‘‘under subsection (c) of section 1433 to carry out subsection (a) of
such section’’; and
(F) in section 1439 (7 U.S.C. 3201), by striking ‘‘under
this subtitle’’ and inserting ‘‘under subsection (c) of section
1433 to carry out subsection (a) of such section or section
1434, as applicable,’’.
(4) AUTHORIZATION FOR APPROPRIATIONS FOR EXISTING AND
CERTAIN NEW AGRICULTURAL RESEARCH PROGRAMS.—Section
1463(c) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311(c)) is amended
by striking ‘‘sections 1433 and 1434’’ and inserting ‘‘sections
1433(a) and 1434’’.
GRAM.—Section

SEC. 7112. 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 ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7113. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCE
FACILITIES AND EQUIPMENT AT INSULAR AREA LANDGRANT INSTITUTIONS.

(a) SUPPORTING TROPICAL AND SUBTROPICAL AGRICULTURAL
RESEARCH.—
(1) IN GENERAL.—Section 1447B(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3222b–2(a)) is amended to read as follows:
‘‘(a) PURPOSE.—It is the intent of Congress to assist the landgrant colleges and universities in the insular areas in efforts to—
‘‘(1) acquire, alter, or repair facilities or relevant equipment
necessary for conducting agricultural research; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 875

‘‘(2) support tropical and subtropical agricultural research,
including pest and disease research.’’.
(2) CONFORMING AMENDMENT.—Section 1447B of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3222b–2) is amended in the heading—
(A) by inserting ‘‘AND SUPPORT TROPICAL AND SUBTROPICAL AGRICULTURAL RESEARCH’’ after ‘‘EQUIPMENT’’;
and
(B) by striking ‘‘INSTITUTIONS’’ and inserting ‘‘COLLEGES AND UNIVERSITIES’’.
(b) EXTENSION.—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 ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7114. REPEAL OF NATIONAL RESEARCH AND TRAINING VIRTUAL
CENTERS.

Section 1448 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222c) is repealed.

SEC. 7115. 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 ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7116. COMPETITIVE GRANTS PROGRAM FOR HISPANIC AGRICULTURAL WORKERS AND YOUTH.

Section 1456(e)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3243(e)(1)) is
amended to read as follows:
‘‘(1) IN GENERAL.—The Secretary shall establish a competitive grants program—
‘‘(A) to fund fundamental and applied research and
extension at Hispanic-serving agricultural colleges and
universities in agriculture, human nutrition, food science,
bioenergy, and environmental science; and
‘‘(B) to award competitive grants to Hispanic-serving
agricultural colleges and universities to provide for training
in the food and agricultural sciences of Hispanic agricultural workers and Hispanic youth working in the food
and agricultural sciences.’’.
SEC. 7117. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE AND EDUCATION PROGRAMS.

Section 1459A(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)) is amended
to read as follows:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) such sums as are necessary for each of fiscal years
1999 through 2013; and
‘‘(2) $5,000,000 for each of fiscal years 2014 through 2018.’’.
SEC. 7118. REPEAL OF RESEARCH EQUIPMENT GRANTS.

Section 1462A of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3310a) is repealed.

SEC. 7119. UNIVERSITY RESEARCH.

Section 1463 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by

128 STAT. 876

PUBLIC LAW 113–79—FEB. 7, 2014

striking ‘‘2012’’ each place it appears in subsections (a) and (b)
and inserting ‘‘2018’’.
SEC. 7120. 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 ‘‘2012’’ and inserting ‘‘2018’’.

SEC. 7121. AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTRATIVE REQUIREMENTS.

Section 1469 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3315) is amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) AGREEMENTS WITH FORMER AGRICULTURAL RESEARCH
FACILITIES OF THE DEPARTMENT.—To the maximum extent practicable, the Secretary, for purposes of supporting ongoing research
and information dissemination activities, including supporting
research and those activities through co-locating scientists and other
technical personnel, sharing of laboratory and field equipment, and
providing financial support, shall enter into grants, contracts,
cooperative agreements, or other legal instruments with former
Department of Agriculture agricultural research facilities.’’.
SEC. 7122. SUPPLEMENTAL AND ALTERNATIVE CROPS.

(a) AUTHORIZATION OF APPROPRIATIONS AND TERMINATION.—
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), by striking ‘‘2012’’ and inserting
‘‘2018’’; and
(2) by adding at the end the following new subsection:
‘‘(e) There are authorized to be appropriated to carry out this
section—
‘‘(1) such sums as are necessary for fiscal year 2013; and
‘‘(2) $1,000,000 for each of fiscal years 2014 through 2018.’’.
(b) COMPETITIVE GRANTS.—Section 1473D(c)(1) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3319d(c)(1)) is amended by striking ‘‘use such research
funding, special or competitive grants, or other means, as the Secretary determines,’’ and inserting ‘‘make competitive grants’’.
SEC. 7123. 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 ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7124. AQUACULTURE ASSISTANCE PROGRAMS.

(a) COMPETITIVE GRANTS.—Section 1475(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3322(b)) is amended in the matter preceding paragraph
(1), by inserting ‘‘competitive’’ before ‘‘grants’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1477 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3324) is amended to read as follows:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 877

‘‘SEC. 1477. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this subtitle—
‘‘(1) $7,500,000 for each of fiscal years 1991 through 2013;
and
‘‘(2) $5,000,000 for each of fiscal years 2014 through 2018.
‘‘(b) PROHIBITION ON USE.—Funds made available under this
section may not be used to acquire or construct a building.’’.
SEC. 7125. RANGELAND RESEARCH PROGRAMS.

Section 1483(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)) is amended
by striking ‘‘subtitle’’ and all that follows and inserting the following: ‘‘subtitle—
‘‘(1) $10,000,000 for each of fiscal years 1991 through 2013;
and
‘‘(2) $2,000,000 for each of fiscal years 2014 through 2018.’’.
SEC. 7126. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING
AND RESPONSE.

Section 1484(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)) is amended
by striking ‘‘response such sums as are necessary’’ and all that
follows and inserting the following: ‘‘response—
‘‘(1) such sums as are necessary for each of fiscal years
2002 through 2013; and
‘‘(2) $20,000,000 for each of fiscal years 2014 through
2018.’’.
SEC.

7127.

DISTANCE EDUCATION AND RESIDENT INSTRUCTION
GRANTS PROGRAM FOR INSULAR AREA INSTITUTIONS OF
HIGHER EDUCATION.

(a) DISTANCE EDUCATION GRANTS FOR INSULAR AREAS.—
(1) COMPETITIVE GRANTS.—Section 1490(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3362(a)) is amended by striking ‘‘or noncompetitive’’.
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 1490(f) of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3362(f)) is amended by striking
‘‘section’’ and all that follows and inserting the following: ‘‘section—
‘‘(1) such sums as are necessary for each of fiscal years
2002 through 2013; and
‘‘(2) $2,000,000 for each of fiscal years 2014 through 2018.’’.
(b) RESIDENT INSTRUCTION GRANTS FOR INSULAR AREAS.—Section 1491(c) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363(c)) is amended by
striking ‘‘such sums as are necessary’’ and all that follows and
inserting the following: ‘‘to carry out this section—
‘‘(1) such sums as are necessary for each of fiscal years
2002 through 2013; and
‘‘(2) $2,000,000 for each of fiscal years 2014 through 2018.’’.
SEC. 7128. MATCHING FUNDS REQUIREMENT.

(a) IN GENERAL.—The National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.)
is amended by adding at the end the following new subtitle:

128 STAT. 878

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘Subtitle P—General Provisions
7 USC 3371.

‘‘SEC. 1492. MATCHING FUNDS REQUIREMENT.

‘‘(a) IN GENERAL.—The recipient of a competitive grant that
is awarded by the Secretary under a covered law shall provide
funds, in-kind contributions, or a combination of both, from sources
other than funds provided through such grant in an amount that
is at least equal to the amount of such grant.
‘‘(b) EXCEPTION.—The matching funds requirement under subsection (a) shall not apply to grants awarded—
‘‘(1) to a research agency of the Department of Agriculture;
or
‘‘(2) to 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))), including a partner of such entity.
‘‘(c) WAIVER.—The Secretary may waive the matching funds
requirement under subsection (a) for a year with respect to a
competitive grant that involves research or extension activities that
are consistent with the priorities established by the National Agricultural Research, Extension, Education, and Economics Advisory
Board under section 1408(c)(1)(B) for the year involved.
‘‘(d) COVERED LAW.—In this section, the term ‘covered law’
means each of the following provisions of law:
‘‘(1) This title.
‘‘(2) Title XVI of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5801 et seq.).
‘‘(3) The Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601 et seq.).
‘‘(4) Part III of subtitle E of title VII of the Food, Conservation, and Energy Act of 2008.
‘‘(5) The Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i).’’.
(b) CONFORMING AMENDMENTS.—
(1) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
TEACHING POLICY ACT OF 1977.—The National Agricultural
Research, Extension, and Teaching Policy Act of 1977 is
amended—
(A) in section 1415(a) (7 U.S.C. 3151(a)), by striking
the second sentence;
(B) in section 1475(b) (7 U.S.C. 3322(b)), in the matter
following paragraph (4), by striking ‘‘Except in the case
of’’ and all that follows; and
(C) in section 1480 (7 U.S.C. 3333)—
(i) by striking subsection (b); and
(ii) by striking ‘‘(a) IN GENERAL.—The Secretary’’
and inserting ‘‘The Secretary’’.
(2) FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT
OF 1990.—The Food, Agriculture, Conservation, and Trade Act
of 1990 is amended—
(A) in section 1623(d)(2) (7 U.S.C. 5813(d)(2)), by
adding at the end the following: ‘‘The matching funds
requirement under section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977
shall not apply to grants awarded under this section.’’;
(B) in section 1671 (7 U.S.C. 5924)—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 879

(i) by striking subsection (e); and
(ii) by redesignating subsection (f) as subsection

(e);
(C) in section 1672 (7 U.S.C. 5925)—
(i) by striking subsection (c); and
(ii) by redesignating subsections (d) through (j)
as subsections (c) through (i), respectively; and
(D) in section 1672B (7 U.S.C. 5925b)—
(i) by striking subsection (c); and
(ii) by redesignating subsections (d), (e), and (f)
as subsections (c), (d), and (e), respectively.
(3) AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
REFORM ACT OF 1998.—The Agricultural Research, Extension,
and Education Reform Act of 1998 is amended—
(A) in section 406 (7 U.S.C. 7626)—
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
(B) in section 412(e) (7 U.S.C. 7632(e))—
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as paragraph
(3).
(4) COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT
ACT.—Subsection (b)(9) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(9)) is amended—
(A) in subparagraph (A), by adding at the end the
following new clause:
‘‘(iii) EXEMPTION.—The matching funds requirement under section 1492 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977
shall not apply in the case of a grant made under
paragraph (6)(A).’’; and
(B) by striking subparagraph (B).
(5) SUN GRANT PROGRAM.—Section 7526(c)(1)(D)(iv) of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8114(c)(1)(D)(iv)) is amended by adding at the end the following
new subclause:
‘‘(IV) RELATION TO OTHER MATCHING FUND
REQUIREMENT.—The matching funds requirement
under section 1492 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 shall not apply in the case of a grant provided
by a sun grant center or subcenter under this
paragraph.’’.
(c) APPLICATION TO AMENDMENTS.—
(1) NEW GRANTS.—Section 1492 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977, as added
by subsection (a), shall apply with respect to grants described
in such section awarded after October 1, 2014, unless the
provision of a covered law under which such grants are awarded
specifically exempts such grants from the matching funds
requirement under such section.
(2) GRANTS AWARDED ON OR BEFORE OCTOBER 1, 2014.—
Notwithstanding the amendments made by subsection (b), a
matching funds requirement in effect on or before the date
of the enactment of this section under a provision of a covered

7 USC 3371 note.

128 STAT. 880

PUBLIC LAW 113–79—FEB. 7, 2014
law shall continue to apply to a grant awarded under such
provision on or before October 1, 2014.

7 USC 321 note.

SEC. 7129. DESIGNATION OF CENTRAL STATE UNIVERSITY AS 1890
INSTITUTION.

(a) DESIGNATION.—Any provision of a Federal law relating to
colleges and universities eligible to receive funds under the Act
of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee
University, shall apply to Central State University.
(b) FUNDING RESTRICTION.—Notwithstanding the designation
under subsection (a), for fiscal years 2014 and 2015, Central State
University shall not be eligible to receive formula funds under—
(1) section 1444 or 1445 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221 and 3222);
(2) section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d))
to carry out the national education program established under
section 1425 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3175);
(3) the Renewable Resources Extension Act of 1978 (16
U.S.C. 1671 et seq.); or
(4) Public Law 87–788 (commonly known as the McIntireStennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).

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—
(1) by striking ‘‘$40,000,000 for each fiscal year’’; and
(2) by inserting ‘‘$40,000,000 for each of fiscal years 2013
through 2018’’ after ‘‘chapter’’.

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 to read as follows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section through the National
Institute of Food and Agriculture $20,000,000 for each of fiscal
years 2013 through 2018.’’.

SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT
AND TRANSFER PROGRAM.

Section 1628(f) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5831(f)) is amended to read as follows:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) such sums as are necessary for fiscal year 2013; and
‘‘(2) $5,000,000 for each of fiscal years 2014 through 2018.’’.
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 to read as follows:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out the National Training Program
$20,000,000 for each of fiscal years 2013 through 2018.’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 881

SEC. 7205. NATIONAL GENETICS RESOURCES PROGRAM.

Section 1635(b) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5844(b)) is amended—
(1) by striking ‘‘such funds as may be necessary’’; and
(2) by striking ‘‘subtitle’’ and all that follows and inserting
the following: ‘‘subtitle—
‘‘(1) such sums as are necessary for each of fiscal years
1991 through 2013; and
‘‘(2) $1,000,000 for each of fiscal years 2014 through 2018.’’.
SEC. 7206. NATIONAL AGRICULTURAL WEATHER INFORMATION
SYSTEM.

Section 1641(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5855(c)) is amended—
(1) by striking ‘‘$5,000,000 to carry out this subtitle’’ and
inserting ‘‘to carry out this subtitle $5,000,000’’; and
(2) by inserting ‘‘and $1,000,000 for each of fiscal years
2014 through 2018’’ before the period at the end.
SEC. 7207. REPEAL OF RURAL ELECTRONIC COMMERCE EXTENSION
PROGRAM.

Section 1670 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5923) is repealed.

SEC. 7208. AGRICULTURAL GENOME INITIATIVE.

Section 1671(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924(c)) is amended by adding at
the end the following:
‘‘(3) CONSORTIA.—The Secretary shall encourage awards
under this section to consortia of eligible entities.’’.

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 the first sentence of subsection (a), by striking ‘‘subsections (e) through (i)’’ and inserting ‘‘subsections (d) through
(g)’’;
(2) in subsection (b)(2), in the first sentence, by striking
‘‘subsections (e) through (i)’’ and inserting ‘‘subsections (d)
through (g)’’;
(3) by striking subsection (h) (as redesignated by section
7128(b)(2)(C)(ii));
(4) by redesignating subsection (i) (as redesignated by such
section) as subsection (h);
(5) in subsection (d) (as redesignated by such section)—
(A) by striking paragraphs (1) through (5), (7), (8),
(11) through (43), (47), (48), (51), and (52);
(B) by redesignating paragraphs (6), (9), (10), (44),
(45), (46), (49), and (50) as paragraphs (1), (2), (3), (4),
(5), (6), (7), and (8), respectively; and
(C) by adding at the end the following new paragraphs:
‘‘(9) COFFEE PLANT 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 coffee berry borer
(Hypothenemus hampei); and

128 STAT. 882

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of,
being affected by the coffee berry borer.
‘‘(10) CORN, SOYBEAN MEAL, CEREAL GRAINS, AND GRAIN
BYPRODUCTS RESEARCH AND EXTENSION.—Research and extension grants may be made under this section for the purpose
of carrying out or enhancing research to improve the digestibility, nutritional value, and efficiency of the use of corn,
soybean meal, cereal grains, and grain byproducts for the
poultry and food animal production industries.’’;
(6) by striking subsection (e) (as redesignated by such
section) and inserting the following new subsection:
‘‘(e) PULSE CROP HEALTH INITIATIVE.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) INITIATIVE.—The term ‘Initiative’ means the pulse
crop health initiative established by paragraph (2).
‘‘(B) PULSE CROP.—The term ‘pulse crop’ means dry
beans, dry peas, lentils, and chickpeas.
‘‘(2) ESTABLISHMENT.—The Secretary shall carry out a pulse
crop health competitive research and extension initiative to
address the critical needs of the pulse crop industry by developing and disseminating science-based tools and information,
including—
‘‘(A) research conducted with respect to pulse crops
in the areas of health and nutrition, such as—
‘‘(i) pulse crop diets and the ability of such diets
to reduce obesity and associated chronic disease; and
‘‘(ii) the underlying mechanisms of the health benefits of pulse crop consumption;
‘‘(B) research related to the functionality of pulse crops,
such as—
‘‘(i) improving the functional properties of pulse
crops and pulse crop fractions; and
‘‘(ii) developing new and innovative technologies
to improve pulse crops as an ingredient in food products;
‘‘(C) research conducted with respect to pulse crops
for purposes of enhancing sustainability and global food
security, such as—
‘‘(i) improving pulse crop productivity, nutrient
density, and phytonutrient content using plant
breeding, genetics, and genomics;
‘‘(ii) improving pest and disease management,
including resistance to pests and diseases; and
‘‘(iii) improving nitrogen fixation and water use
efficiency to reduce the carbon and energy footprint
of agriculture;
‘‘(D) the optimization of systems used in producing
pulse crops to reduce water usage; and
‘‘(E) education and technical assistance programs with
respect to pulse crops, such as programs—
‘‘(i) providing technical expertise to help food
companies include pulse crops in innovative and
healthy food; and
‘‘(ii) establishing an educational program to encourage pulse crop consumption in the United States.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 883

‘‘(3) ADMINISTRATION.—Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)) shall apply with respect
to the making of a competitive grant under this subsection.
‘‘(4) PRIORITIES.—In making competitive grants under this
subsection, the Secretary shall provide a higher priority to
projects that—
‘‘(A) are multistate, multiinstitutional, and multidisciplinary; and
‘‘(B) include explicit mechanisms to communicate
results to the pulse crop industry and the public.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subsection
$25,000,000 for each of fiscal years 2014 through 2018.’’;
(7) by striking subsection (f) (as redesignated by such section) and inserting the following new subsection:
‘‘(f) TRAINING COORDINATION FOR FOOD AND AGRICULTURE
PROTECTION.—
‘‘(1) IN GENERAL.—The Secretary shall make a competitive
grant to, or enter into a contract or a cooperative agreement
with, an eligible entity (described in paragraph (2)) for purposes
of establishing an internationally integrated training system
to enhance the protection of the food supply in the United
States, to be known as the ‘Comprehensive Food Safety
Training Network’ (referred to in this subsection as the ‘Network’).
‘‘(2) ELIGIBILITY.—
‘‘(A) IN GENERAL.—For purposes of this subsection, an
eligible entity is a multiinstitutional consortium that
includes—
‘‘(i) a nonprofit institution that provides food safety
protection training; and
‘‘(ii) one or more training centers in institutions
of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) that
have demonstrated expertise in developing and delivering community-based training in food supply and
agricultural safety and defense.
‘‘(B) COLLECTIVE CONSIDERATION.—The Secretary may
consider such consortium collectively and not on an institution-by-institution basis.
‘‘(3) DUTIES OF ELIGIBLE ENTITY.—As a condition of
receiving a competitive grant or entering into a contract or
a cooperative agreement with the Secretary under this subsection, the eligible entity, in cooperation with the Secretary,
shall establish and maintain the Network, including by—
‘‘(A) providing basic, technical, management, and
leadership training (including by developing curricula) to
regulatory and public health officials, producers, processors,
and other agribusinesses;
‘‘(B) serving as the hub for the administration of the
Network;
‘‘(C) implementing a standardized national curriculum
to ensure the consistent delivery of quality training
throughout the United States;

128 STAT. 884

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(D) building and overseeing a nationally recognized
instructor cadre to ensure the availability of highly qualified instructors;
‘‘(E) reviewing training proposed through the National
Institute of Food and Agriculture and other relevant Federal agencies that report to the Secretary on the quality
and content of proposed and existing courses;
‘‘(F) assisting Federal agencies in the implementation
of food safety protection training requirements including
requirements under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.), the Agricultural Act of 2014,
and any provision of law amended by such Act; and
‘‘(G) performing evaluation and outcome-based studies
to provide to the Secretary information on the effectiveness
and impact of training and metrics on jurisdictions and
sectors within the food safety system.
‘‘(4) MEMBERSHIP.—An eligible entity may alter the consortium membership to meet specific training expertise needs.
OF
APPROPRIATIONS.—There
are
‘‘(5) AUTHORIZATION
authorized to be appropriated to carry out this subsection
$20,000,000 for each of fiscal years 2014 through 2018, to
remain available until expended.’’;
(8) in subsection (g) (as redesignated by such section)—
(A) by striking ‘‘2012’’ each place it appears in paragraphs (1)(B), (2)(B), and (3) and inserting ‘‘2018’’;
(B) in paragraph (3)—
(i) in the heading, by striking ‘‘PEST AND
PATHOGEN’’; and
(ii) by striking ‘‘pest and pathogen surveillance’’
and inserting ‘‘pest, pathogen, health, and population
status surveillance’’;
(C) by redesignating paragraph (4) as paragraph (5);
(D) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) CONSULTATION.—The Secretary, in consultation with
the Secretary of the Interior and the Administrator of the
Environmental Protection Agency, shall publish guidance on
enhancing pollinator health and the long-term viability of populations of pollinators, including recommendations related to—
‘‘(A) allowing for managed honey bees to forage on
National Forest System lands where compatible with other
natural resource management priorities; and
‘‘(B) planting and maintaining managed honey bee and
native pollinator foraging on National Forest System lands
where compatible with other natural resource management
priorities.’’; and
(E) in paragraph (5) (as redesignated by subparagraph
(C))—
(i) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and moving the
margins of such subparagraphs two ems to the right;
(ii) by striking ‘‘annual report describing’’ and
inserting the following: ‘‘annual report—
‘‘(A) describing’’;
(iii) in clause (i) (as redesignated by clause (i)
of this subparagraph)—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 885

(I) by inserting ‘‘and honey bee health disorders’’ after ‘‘collapse’’; and
(II) by striking ‘‘and’’ at the end;
(iv) in clause (ii) (as redesignated by clause (i)
of this subparagraph)—
(I) by inserting ‘‘, including best management
practices’’ after ‘‘strategies’’; and
(II) by striking the period at the end and
inserting ‘‘; and’’;
(v) by adding at the end the following new clause:
‘‘(iii) addressing the decline of managed honey bees
and native pollinators;’’; and
(vi) by adding at the end the following new subparagraphs:
‘‘(B) assessing Federal efforts to mitigate pollinator
losses and threats to the United States commercial beekeeping industry; and
‘‘(C) providing recommendations to Congress regarding
how to better coordinate Federal agency efforts to address
the decline of managed honey bees and native pollinators.’’;
and
(9) in subsection (h) (as redesignated by paragraph (4)),
by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7210. REPEAL OF NUTRIENT MANAGEMENT RESEARCH AND
EXTENSION INITIATIVE.

Section 1672A of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925a) is repealed.
SEC. 7211. 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), by inserting
‘‘, education,’’ after ‘‘support research’’;
(B) in paragraph (1), by inserting ‘‘and improvement’’
after ‘‘development’’;
(C) in paragraph (2), by striking ‘‘to producers and
processors who use organic methods’’ and inserting ‘‘of
organic agricultural production and methods to producers,
processors, and rural communities’’; and
(D) in paragraph (6), by striking ‘‘and marketing and
to socioeconomic conditions’’ and inserting ‘‘, marketing,
food safety, socioeconomic conditions, and farm business
management’’; and
(2) in subsection (e) (as redesignated by section
7128(b)(2)(D)(ii))—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘FOR FISCAL YEARS
2009 THROUGH 2012’’;
(ii) in subparagraph (A), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(C) $20,000,000 for each of fiscal years 2014 through
2018.’’; and

128 STAT. 886

PUBLIC LAW 113–79—FEB. 7, 2014
(B) in paragraph (2)—
(i) in the heading, by striking ‘‘2009 THROUGH 2012’’
and inserting ‘‘2014 THROUGH 2018’’; and
(ii) by striking ‘‘2009 through 2012’’ and inserting
‘‘2014 through 2018’’.

SEC. 7212. REPEAL OF AGRICULTURAL BIOENERGY FEEDSTOCK AND
ENERGY EFFICIENCY RESEARCH AND EXTENSION INITIATIVE.

(a) REPEAL.—Section 1672C of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925e) is repealed.
(b) CONFORMING AMENDMENT.—Section 251(f)(1)(D) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(D)) is amended—
(1) by striking clause (xi); and
(2) by redesignating clauses (xii) and (xiii) as clauses (xi)
and (xii), respectively.
SEC. 7213. FARM BUSINESS MANAGEMENT.

Section 1672D(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925f(d)) is amended by striking ‘‘such
sums as are necessary to carry out this section.’’ and inserting
the following: ‘‘to carry out this section—
‘‘(1) such sums as are necessary for fiscal year 2013; and
‘‘(2) $5,000,000 for each of fiscal years 2014 through 2018.’’.

SEC. 7214. CENTERS OF EXCELLENCE.

(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 new section:
7 USC 5926.

‘‘SEC. 1673. CENTERS OF EXCELLENCE.

‘‘(a) FUNDING PRIORITIES.—The Secretary shall prioritize centers of excellence established for purposes of carrying out research,
extension, and education activities relating to the food and agricultural sciences (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)) for the receipt of funding for any competitive research
or extension program administered by the Secretary.
‘‘(b) COMPOSITION.—A center of excellence is composed of 1
or more of the eligible entities specified in subsection (b)(7) of
the Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i(b)(7)) that provide financial or in-kind support to the
center of excellence.
‘‘(c) CRITERIA FOR CENTERS OF EXCELLENCE.—
‘‘(1) REQUIRED EFFORTS.—The criteria for recognition as
a center of excellence shall include efforts—
‘‘(A) to ensure coordination and cost effectiveness by
reducing unnecessarily duplicative efforts regarding
research, teaching, and extension;
‘‘(B) to leverage available resources by using publicprivate partnerships among agricultural industry groups,
institutions of higher education, and the Federal Government;
‘‘(C) to implement teaching initiatives to increase
awareness and effectively disseminate solutions to target
audiences through extension activities; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 887

‘‘(D) to increase the economic returns to rural communities by identifying, attracting, and directing funds to
high-priority agricultural issues.
‘‘(2) ADDITIONAL EFFORTS.—Where practicable, the criteria
for recognition as a center of excellence shall include efforts
to improve teaching capacity and infrastructure at colleges
and universities (including land-grant colleges and universities,
cooperating forestry schools, NLGCA Institutions (as those
terms are defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)), and schools of veterinary medicine).’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 2014.
SEC. 7215. REPEAL OF RED MEAT SAFETY RESEARCH CENTER.

Section 1676 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5929) is repealed.

SEC. 7216. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH
DISABILITIES.

Section 1680(c)(1) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is amended—
(1) by striking ‘‘is’’ and inserting ‘‘are’’; and
(2) by striking ‘‘section’’ and all that follows and inserting
the following: ‘‘section—
‘‘(A) $6,000,000 for each of fiscal years 1999 through
2013; and
‘‘(B) $5,000,000 for each of fiscal years 2014 through
2018.’’.

SEC. 7217. 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
‘‘2012’’ and inserting ‘‘2018’’.

Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998
SEC. 7301. RELEVANCE AND MERIT OF AGRICULTURAL RESEARCH,
EXTENSION, AND EDUCATION FUNDED BY THE DEPARTMENT.

Section 103(a)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(a)(2)) is amended—
(1) in the heading by striking ‘‘MERIT REVIEW OF EXTENSION’’ and inserting ‘‘RELEVANCE AND MERIT REVIEW OF
RESEARCH, EXTENSION,’’;
(2) in subparagraph (A)—
(A) by inserting ‘‘relevance and’’ before ‘‘merit’’; and
(B) by striking ‘‘extension or education’’ and inserting
‘‘research, extension, or education’’; and
(3) in subparagraph (B), by inserting ‘‘on a continuous
basis’’ after ‘‘procedures’’.

SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION
COMPETITIVE GRANTS PROGRAM.

Subsection (e) of section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) (as

7 USC 5926 note.

128 STAT. 888

PUBLIC LAW 113–79—FEB. 7, 2014

redesignated by section 7128(b)(3)(A)(ii)) is amended by striking
‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM
GRAMINEARUM OR BY TILLETIA INDICA.

Section 408(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended to
read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) such sums as may be necessary for each of fiscal
years 1999 through 2013; and
‘‘(2) $10,000,000 for each of fiscal years 2014 through
2018.’’.
SEC. 7304. REPEAL OF BOVINE JOHNE’S DISEASE CONTROL PROGRAM.

Section 409 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7629) is repealed.
SEC. 7305. GRANTS FOR YOUTH ORGANIZATIONS.

Section 410(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)) is amended by
striking ‘‘section such sums as are necessary’’ and all that follows
and inserting the following: ‘‘section—
‘‘(1) such sums as are necessary for each of fiscal years
2008 through 2013; and
‘‘(2) $3,000,000 for each of fiscal years 2014 through 2018.’’.

SEC. 7306. SPECIALTY CROP RESEARCH INITIATIVE.

Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2) (as so redesignated), the following new paragraph:
‘‘(1) CITRUS DISEASE SUBCOMMITTEE.—The term ‘citrus disease subcommittee’ means the subcommittee established under
section 1408A(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977.’’; and
(C) by adding at the end the following new paragraph:
‘‘(4) SPECIALTY CROPS COMMITTEE.—The term ‘specialty
crops committee’ means the committee established under section 1408A of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123a).’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and genomics’’ and
inserting ‘‘genomics, and other methods’’; and
(B) in paragraph (3), by inserting ‘‘handling and processing,’’ after ‘‘production efficiency,’’;
(3) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘the Initiative’’ and inserting ‘‘this section’’;
(4) by striking subsection (d) and inserting the following
new subsection:
‘‘(d) REVIEW OF PROPOSALS.—In carrying out this section, the
Secretary shall award competitive grants on the basis of—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 889

‘‘(1) a scientific peer review conducted by a panel of subject
matter experts from Federal agencies, non-Federal entities,
and the specialty crop industry; and
‘‘(2) a review and ranking for merit, relevance, and impact
conducted by a panel of specialty crop industry representatives
for the specific specialty crop.’’;
(5) by redesignating subsections (e) (as amended by section
7128(b)(3)(B)), (f), (g), and (h) as subsections (g), (h), (i), and
(k), respectively;
(6) by inserting after subsection (d) the following new subsections:
‘‘(e) CONSULTATION.—Each fiscal year, before conducting the
scientific peer review described in paragraph (1) of subsection (d)
and the merit and relevancy review described in paragraph (2)
of such subsection, the Secretary shall consult with the specialty
crops committee regarding such reviews. The committee shall provide the Secretary—
‘‘(1) in the first fiscal year in which that consultation occurs,
any recommendations for conducting such reviews in such fiscal
year; and
‘‘(2) in any subsequent fiscal year in which such consultation occurs—
‘‘(A) an assessment of the procedures and objectives
used by the Secretary for such reviews in the previous
fiscal year;
‘‘(B) any recommendations for such reviews for the
current fiscal year; and
‘‘(C) any comments on grants awarded under subsection
(d) during the previous fiscal year.
‘‘(f) 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 a report
on—
‘‘(1) the results of the consultations with the specialty crops
committee (and subcommittees thereof) conducted under subsection (e) of this section and subsection (g) of section 1408A
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3123a);
‘‘(2) the specialty crops committee’s (and subcommittees
thereof) recommendations, if any, provided to the Secretary
during such consultations; and
‘‘(3) the specialty crops committee’s (and subcommittees
thereof) review of the grants awarded under subsection (d)
and (j), as applicable, in the previous fiscal year.’’;
(7) in subsection (g) (as so redesignated)—
(A) by striking paragraph (1) and inserting the following new paragraph:
‘‘(1) IN GENERAL.—With respect to grants awarded under
this section, the Secretary shall seek and accept proposals
for grants.’’; and
(B) in paragraph (3) (as redesignated by section
7128(b)(3)(B)), by striking ‘‘this section’’ and inserting ‘‘the
Initiative’’;
(8) in subsection (h) (as so redesignated), in the matter
preceding paragraph (1), by striking ‘‘this section’’ and inserting
‘‘the Initiative’’;
(9) in subsection (k) (as so redesignated)—

128 STAT. 890

PUBLIC LAW 113–79—FEB. 7, 2014

(A) in paragraph (1)—
(i) by striking ‘‘(1) MANDATORY FUNDING FOR
FISCAL YEARS 2008 THROUGH 2012.—Of the funds’’ and
inserting the following:
‘‘(1) MANDATORY FUNDING.—
‘‘(A) FISCAL YEARS 2008 THROUGH 2012.—Of the funds’’;
and
(ii) by adding at the end the following new
subparagraph:
‘‘(B) SUBSEQUENT FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $80,000,000 for fiscal year
2014 and each fiscal year thereafter.
‘‘(C) RESERVATION.—For each of fiscal years 2014
through 2018, the Secretary shall reserve not less than
$25,000,000 of the funds made available under subparagraph (B) to carry out the program established under subsection (j).
‘‘(D) AVAILABILITY OF FUNDS.—Funds reserved under
subparagraph (C) shall remain available and reserved for
the purpose described in such subparagraph until
expended.’’; and
(B) in paragraph (2)—
(i) in the heading, by striking ‘‘2008 THROUGH 2012’’
and inserting ‘‘2014 THROUGH 2018’’ ; and
(ii) by striking ‘‘2008 through 2012’’ and inserting
‘‘2014 through 2018’’; and
(10) by inserting after subsection (i) the following new
subsection:
‘‘(j) EMERGENCY CITRUS DISEASE RESEARCH AND EXTENSION
PROGRAM.—
‘‘(1) ESTABLISHMENT AND PURPOSE.—The Secretary shall
establish a competitive research and extension grant program
to combat diseases of citrus under which the Secretary awards
competitive grants to eligible entities—
‘‘(A) to conduct scientific research and extension activities, technical assistance, and development activities to
combat citrus diseases and pests, both domestic and
invasive, which pose imminent harm to the United States
citrus production and threaten the future viability of the
citrus industry, including huanglongbing and the Asian
Citrus Psyllid; and
‘‘(B) to provide support for the dissemination and
commercialization of relevant information, techniques, and
technologies discovered pursuant to research and extension
activities funded through—
‘‘(i) the emergency citrus disease research and
extension program; or
‘‘(ii) other research and extension projects intended
to solve problems caused by citrus production diseases
and invasive pests.
‘‘(2) PRIORITY.—In awarding grants under this subsection,
the Secretary shall give priority to grants that address the
research and extension priorities established pursuant to subsection (g)(4) of section 1408A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3123a).

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 891

‘‘(3) COORDINATION.—When developing the proposed
research and extension agenda and budget under subsection
(g)(2) of section 1408A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a)
for the funds made available under this subsection for a fiscal
year, the citrus disease subcommittee shall—
‘‘(A) seek input from Federal and State agencies and
other entities involved in citrus disease response; and
‘‘(B) take into account other public and private citrusrelated research and extension projects and the funding
for such projects.
‘‘(4) NONDUPLICATION.—The Secretary shall ensure that
funds made available to carry out the emergency citrus disease
research and extension activities under this subsection shall
be in addition to and not supplant funds made available to
carry out other citrus disease activities carried out by the
Department of Agriculture in consultation with State agencies.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In addition to
the amounts reserved under subsection (k)(1)(C), there are
authorized to be appropriated to carry out this subsection,
$25,000,000 for each of fiscal years 2014 through 2018.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) CITRUS.—The term ‘citrus’ means edible fruit of
the family Rutaceae, including any hybrid of such fruits
and products of such hybrids that are produced for commercial purposes in the United States.
‘‘(B) CITRUS PRODUCER.—The term ‘citrus producer’
means any person that is engaged in the domestic production and commercial sale of citrus in the United States.
‘‘(C) EMERGENCY CITRUS DISEASE RESEARCH AND EXTENSION PROGRAM.—The term ‘emergency citrus disease
research and extension program’ means the emergency
citrus research and extension grant program established
under this subsection.’’.
SEC. 7307. [H7308] 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 ‘‘2012’’ and inserting ‘‘2018’’.

SEC. 7308. REPEAL OF NATIONAL SWINE RESEARCH CENTER.

Section 612 of the Agricultural Research, Extension, and Education Reform Act of 1998 (Public Law 105–185; 112 Stat. 605)
is repealed.
SEC. 7309. OFFICE OF PEST MANAGEMENT POLICY.

Section 614(f) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)) is amended—
(1) by striking ‘‘such sums as are necessary’’; and
(2) by striking ‘‘section’’ and all that follows and inserting
the following: ‘‘section—
‘‘(1) such sums as are necessary for each of fiscal years
1999 through 2013; and
‘‘(2) $3,000,000 for each of fiscal years 2014 through 2018.’’.

128 STAT. 892

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 7310. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.

Subtitle B of title VI of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7651 et seq.) is
amended by inserting after section 616 (7 U.S.C. 7655) the following
new section:
7 USC 7655b.

‘‘SEC. 617. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a forestry
and forestry products research and extension initiative to develop
and disseminate science-based tools that address the needs of the
forestry sector and their respective regions, forest and timberland
owners and managers, and forestry products engineering, manufacturing, and related interests.
‘‘(b) ACTIVITIES.—The initiative described in subsection (a) shall
include the following activities:
‘‘(1) Research conducted for purposes of—
‘‘(A) wood quality improvement with respect to lumber
strength and grade yield;
‘‘(B) the development of novel engineered lumber products and renewable energy from wood; and
‘‘(C) enhancing the longevity, sustainability, and profitability of timberland through sound management and utilization.
‘‘(2) Demonstration activities and technology transfer to
demonstrate the beneficial characteristics of wood as a green
building material, including investments in life cycle assessment for wood products.
‘‘(3) Projects designed to improve—
‘‘(A) forestry products, lumber, and evaluation standards and valuation techniques;
‘‘(B) lumber quality and value-based, on-forest management techniques; and
‘‘(C) forestry products conversion and manufacturing
efficiency, productivity, and profitability over the long term
(including forestry product marketing).
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall make competitive
grants to carry out the activities described in subsection (b).
‘‘(2) PRIORITIES.—In making grants under this section, the
Secretary shall give higher priority to activities that are carried
out by entities that—
‘‘(A) are multistate, multiinstitutional, or multidisciplinary;
‘‘(B) have explicit mechanisms to communicate results
to producers, forestry industry stakeholders, policymakers,
and the public; and
‘‘(C) have—
‘‘(i) extensive history and demonstrated experience
in forestry and forestry products research;
‘‘(ii) existing capacity in forestry products research
and dissemination; and
‘‘(iii) a demonstrated means of evaluating and
responding to the needs of the related commercial
sector.
‘‘(3) ADMINISTRATION.—In making grants under this section, the Secretary shall follow the requirements of paragraphs

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 893

(4), (7), (8), and (11)(B) of subsection (b) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i).
‘‘(4) TERM.—The term of a grant made under this section
may not exceed 10 years.
‘‘(d) COORDINATION.—The Secretary shall ensure that any
activities carried out under this section are carried out in coordination with the Forest Service, including the Forest Products Laboratory, and other appropriate agencies of the Department.
‘‘(e) REPORT.—The Secretary shall submit an annual report
to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate describing, for the period covered by the report—
‘‘(1) the research that has been conducted under paragraph
(2) of subsection (b);
‘‘(2) the number of buildings the Forest Service has built
with wood as the primary structural material; and
‘‘(3) the investments made by the Forest Service in green
building and wood promotion.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section $7,000,000 for each of fiscal years
2014 through 2018.
‘‘(2) MATCHING FUNDS.—To the extent practicable, the Secretary shall match any funds made available under paragraph
(1) with funds made available under section 7 of the Forest
and Rangeland Renewable Resources Research Act of 1978
(16 U.S.C.1646).’’.
SEC. 7311. REPEAL OF STUDIES OF AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION.

Subtitle C of title VI of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7671 et seq.) is
repealed.

Subtitle D—Other Laws
SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT.

Section 16(a) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)) is amended—
(1) by striking ‘‘such sums as are necessary’’; and
(2) by striking ‘‘Act’’ and all that follows and inserting
the following: ‘‘Act—
‘‘(1) such sums as are necessary for each of fiscal years
1991 through 2013; and
‘‘(2) $2,000,000 for each of fiscal years 2014 through 2018.’’.
SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF
1994.

(a) DEFINITION OF 1994 INSTITUTION.—
(1) IN GENERAL.—Section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103–382) is amended to read as follows:

‘‘SEC. 532. DEFINITION OF 1994 INSTITUTION.

‘‘In this part, the term ‘1994 Institution’ means any of the
following colleges:
‘‘(1) Aaniiih Nakoda College.

128 STAT. 894

7 USC 301 note.

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(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 Berthold Community College.
‘‘(12) Fort Peck Community College.
‘‘(13) Haskell Indian Nations University.
‘‘(14) Ilisagvik College.
‘‘(15) Institute of American Indian and Alaska Native Culture and Arts Development.
‘‘(16) Keweenaw Bay Ojibwa Community College.
‘‘(17) Lac Courte Oreilles Ojibwa Community College.
‘‘(18) Leech Lake Tribal College.
‘‘(19) Little Big Horn College.
‘‘(20) Little Priest Tribal College.
‘‘(21) Navajo Technical College.
‘‘(22) Nebraska Indian Community College.
‘‘(23) Northwest Indian College.
‘‘(24) Oglala Lakota College.
‘‘(25) Saginaw Chippewa Tribal College.
‘‘(26) Salish Kootenai College.
‘‘(27) Sinte Gleska University.
‘‘(28) Sisseton Wahpeton College.
‘‘(29) Sitting Bull College.
‘‘(30) Southwestern Indian Polytechnic Institute.
‘‘(31) Stone Child College.
‘‘(32) Tohono O’odham Community College.
‘‘(33) Turtle Mountain Community College.
‘‘(34) United Tribes Technical College.
‘‘(35) White Earth Tribal and Community College.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on October 1, 2014.
(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 ‘‘2012’’ and inserting ‘‘2018’’.
(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 ‘‘2012’’
each place it appears in subsections (b)(1) and (c) and inserting
‘‘2018’’.
(d) RESEARCH GRANTS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—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 ‘‘2012’’ and inserting ‘‘2018’’.
(2) RESEARCH GRANT REQUIREMENTS.—Section 536(b) 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 ‘‘with
at least 1 other land-grant college or university’’ and all that
follows and inserting the following: ‘‘with—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 895

‘‘(1) the Agricultural Research Service of the Department
of Agriculture; or
‘‘(2) at least 1—
‘‘(A) other land-grant college or university (exclusive
of another 1994 Institution);
‘‘(B) non-land-grant college of agriculture (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)); or
‘‘(C) cooperating forestry school (as defined in that
section).’’.
SEC. 7403. RESEARCH FACILITIES ACT.

Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a))
is amended by striking ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7404. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT
ACT.

(a) EXTENSION.—Subsection (b)(11)(A) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(11)(A))
is amended, in the matter preceding clause (i), by striking ‘‘2012’’
and inserting ‘‘2018’’.
(b) PRIORITY AREAS.—Subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(2)) is
amended—
(1) in subparagraph (B)—
(A) in clause (vii), by striking ‘‘and’’ at the end;
(B) in clause (viii), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new clauses:
‘‘(ix) the research and development of surveillance
methods, vaccines, vaccination delivery systems, or
diagnostic tests for pests and diseases, including—
‘‘(I) epizootic diseases in domestic livestock
(including deer, elk, bison, and other animals of
the family Cervidae); and
‘‘(II) zoonotic diseases (including bovine brucellosis and bovine tuberculosis) in domestic livestock
or wildlife reservoirs that present a potential concern to public health; and
‘‘(x) the identification of animal drug needs and
the generation and dissemination of data for safe and
effective therapeutic applications of animal drugs for
minor species and minor uses of such drugs in major
species.’’;
(2) in subparagraph (D)—
(A) in the heading, by striking ‘‘RENEWABLE ENERGY’’
and inserting ‘‘BIOENERGY’’;
(B) by redesignating clauses (iv), (v), and (vi) as clauses
(v), (vi), and (vii), respectively; and
(C) by inserting after clause (iii) the following new
clause:
‘‘(iv) the effectiveness of conservation practices and
technologies designed to address nutrient losses and
improve water quality;’’; and
(3) in subparagraph (F)—
(A) in the matter preceding clause (i), by inserting
‘‘economics,’’ after ‘‘trade,’’;

128 STAT. 896

PUBLIC LAW 113–79—FEB. 7, 2014

(B) by redesignating clauses (v) and (vi) as clauses
(vi) and (vii), respectively; and
(C) by inserting after clause (iv) the following new
clause:
‘‘(v) the economic costs, benefits, and viability of
producers adopting conservation practices and technologies designed to improve water quality;’’.
(c) GENERAL ADMINISTRATION.—Subsection (b)(4) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(4)) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(F) establish procedures, including timelines, under
which an entity established under a commodity promotion
law (as such term is defined under section 501(a) of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7401(a))) or a State commodity board (or other
equivalent State entity) may directly submit to the Secretary for consideration proposals for requests for applications that specifically address particular issues related to
the priority areas specified in paragraph (2). ’’.
(d) SPECIAL CONSIDERATIONS.—Subsection (b)(6) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(6))
is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(E) to eligible entities to carry out the specific proposals submitted under procedures established under paragraph (4)(F) only if such specific proposals are consistent
with a priority area specified in paragraph (2).’’.
(e) ELIGIBLE ENTITIES.—Subsection (b)(7)(G) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(7)(G))
is amended by striking ‘‘or corporations’’ and inserting ‘‘, foundations, or corporations’’.
(f) SPECIAL CONTRIBUTION REQUIREMENT FOR CERTAIN
GRANTS.—Subsection (b)(9) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(9)) (as amended by section
7128(b)(4)) is amended by adding at the end the following new
subparagraph:
‘‘(B) CONTRIBUTION REQUIREMENT FOR COMMODITY PROMOTION GRANTS.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii),
as a condition of funding a grant under paragraph
(6)(E), the Secretary shall require that the grant be
matched with an equal contribution of funds from the
entities described in paragraph (4)(F) submitting proposals under procedures established under such paragraph.
‘‘(ii) AVAILABILITY OF FUNDS.—
‘‘(I) IN GENERAL.—Contributions required by
clause (i) shall be available to the Secretary for
obligation and remain available until expended for

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 897

the purpose of making grants under paragraph
(6)(E).
‘‘(II) ADMINISTRATION.—Of amounts contributed to the Secretary under clause (i), not more
than 4 percent may be retained by the Secretary
to pay administrative costs incurred by the Secretary in carrying out this subsection.
‘‘(III) RESTRICTION.—Funds contributed to the
Secretary by an entity under clause (i) in connection with a proposal submitted by that entity under
procedures established under paragraph (4)(F) may
only be used to fund grants in connection with
that proposal.
‘‘(IV) REMAINING FUNDS.—Funds contributed
to the Secretary by an entity under clause (i) that
remain unobligated at the time of grant closeout
shall be returned to that entity.
‘‘(V) INDIRECT COSTS.—The indirect cost rate
applicable to appropriated funds for a grant funded
under paragraph (6)(E) shall apply to amounts
contributed by an entity under clause (i).
‘‘(iii) OTHER MATCHING FUNDS REQUIREMENTS.—
The contribution requirement under clause (i) shall
be in addition to any matching funds requirement for
grant recipients required by section 1492 of the
National Agricultural Research, Extension, and
Teaching Policy Act of 1977.’’.
(g) INTER-REGIONAL RESEARCH PROJECT NUMBER 4.—Subsection (e) of the Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 450i(e)) is amended—
(1) in paragraph (1)(A), by striking ‘‘minor use pesticides’’
and inserting ‘‘pesticides for minor agricultural use and for
use on specialty crops (as defined in section 3 of the Specialty
Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note)),’’;
and
(2) in paragraph (4)—
(A) in subparagraph (A), by inserting ‘‘and for use
on specialty crops’’ after ‘‘minor agricultural use’’;
(B) in subparagraph (B), by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (C) as subparagraph (G); and
(D) by inserting after subparagraph (B) the following
new subparagraphs:
‘‘(C) prioritize potential pest management technology
for minor agricultural use and for use on specialty crops;
‘‘(D) conduct research to develop the data necessary
to facilitate pesticide registrations, reregistrations, and
associated tolerances;
‘‘(E) assist in removing trade barriers caused by residues of pesticides registered for minor agricultural use
and for use on domestically grown specialty crops;
‘‘(F) assist in the registration and reregistration of
pest management technologies for minor agricultural use
and for use on specialty crops; and’’.

128 STAT. 898

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 7405. 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 ‘‘2012’’ and inserting
‘‘2018’’.
(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 ‘‘2012’’ and inserting ‘‘2018’’.
SEC. 7406. NATIONAL AQUACULTURE ACT OF 1980.

Section 10 of the National Aquaculture Act of 1980 (16 U.S.C.
2809) is amended by striking ‘‘2012’’ each place it appears and
inserting ‘‘2018’’.

SEC. 7407. REPEAL OF USE OF REMOTE SENSING DATA.

Section 892 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 5935) is repealed.

SEC. 7408. REPEAL OF REPORTS UNDER FARM SECURITY AND RURAL
INVESTMENT ACT OF 2002.

(a) REPEAL OF REPORT ON PRODUCERS AND HANDLERS FOR
ORGANIC PRODUCTS.—Section 7409 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5925b note; Public Law 107–
171) is repealed.
(b) REPEAL OF REPORT ON GENETICALLY MODIFIED PEST-PROTECTED PLANTS.—Section 7410 of the Farm Security and Rural
Investment Act of 2002 (Public Law 107–171; 116 Stat. 462) is
repealed.
(c) REPEAL OF STUDY ON NUTRIENT BANKING.—Section 7411
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5925a note; Public Law 107–171) is repealed.
SEC. 7409. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.

Section 7405 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3319f) is amended—
(1) in subsection (c)—
(A) in paragraph (1), by striking subparagraphs (A)
through (R) and inserting the following new subparagraphs:
‘‘(A) basic livestock, forest management, and crop
farming practices;
‘‘(B) innovative farm, ranch, and private, nonindustrial
forest land transfer strategies;
‘‘(C) entrepreneurship and business training;
‘‘(D) financial and risk management training (including
the acquisition and management of agricultural credit);
‘‘(E) natural resource management and planning;
‘‘(F) diversification and marketing strategies;
‘‘(G) curriculum development;
‘‘(H) mentoring, apprenticeships, and internships;
‘‘(I) resources and referral;
‘‘(J) farm financial benchmarking;
‘‘(K) assisting beginning farmers or ranchers in
acquiring land from retiring farmers and ranchers;
‘‘(L) agricultural rehabilitation and vocational training
for veterans;
‘‘(M) farm safety and awareness; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 899

‘‘(N) other similar subject areas of use to beginning
farmers or ranchers.’’;
(B) in paragraph (2)(C), by striking ‘‘and nongovernmental organization’’ and inserting ‘‘or nongovernmental
organization’’;
(C) in paragraph (7), by striking ‘‘and community-based
organizations’’ and inserting ‘‘, community-based organizations, and school-based agricultural educational organizations’’;
(D) by striking paragraph (8) and inserting the following new paragraph:
‘‘(8) SET-ASIDES.—
‘‘(A) IN GENERAL.—Not less than 5 percent of the funds
used to carry out this subsection for a fiscal year shall
be used to support programs and services that address
the needs of—
‘‘(i) limited resource beginning farmers or ranchers
(as defined by the Secretary);
‘‘(ii) socially disadvantaged farmers or ranchers
(as defined in section 355(e) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2003(e)) who
are beginning farmers or ranchers; and
‘‘(iii) farmworkers desiring to become farmers or
ranchers.
‘‘(B) VETERAN FARMERS AND RANCHERS.—Not less than
5 percent of the funds used to carry out this subsection
for a fiscal year shall be used to support programs and
services that address the needs of veteran farmers and
ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))). ’’; and
(E) by adding at the end the following new paragraphs:
‘‘(11) LIMITATION ON INDIRECT COSTS.—A recipient of a
grant under this subsection 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 paragraph (1).
‘‘(12) COORDINATION PERMITTED.—A recipient of a grant
under this subsection using the grant as described in paragraph
(8)(B) may coordinate with a recipient of a grant under section
1680 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5933) in addressing the needs of veteran
farmers and ranchers with disabilities.’’;
(2) in subsection (h)(1)—
(A) in the paragraph heading, by striking ‘‘2012’’ and
inserting ‘‘2018’’;
(B) in subparagraph (A), by striking ‘‘and’’ at the end;
(C) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new subparagraph:
‘‘(C) $20,000,000 for each of fiscal years 2014 through
2018, to remain available until expended.’’; and
(3) in subsection (h)(2)—
(A) in the paragraph heading, by striking ‘‘2008
THROUGH 2012’’ and inserting ‘‘2014 THROUGH 2018’’; and
(B) by striking ‘‘2008 through 2012’’ and inserting
‘‘2014 through 2018’’.

128 STAT. 900

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 7410. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
TEACHING POLICY ACT AMENDMENTS OF 1985.

Section 1431 of the National Agricultural Research, Extension,
and Teaching Policy Act Amendments of 1985 (Public Law 99–
198; 99 Stat. 1556) is amended by striking ‘‘2012’’ and inserting
‘‘2018’’.

Subtitle E—Food, Conservation, and
Energy Act of 2008
PART I—AGRICULTURAL SECURITY
SEC. 7501. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.

Section 14112(c) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8912(c)) is amended to read as follows:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) such sums as are necessary for each of fiscal years
2008 through 2013; and
‘‘(2) $2,000,000 for each of fiscal years 2014 through 2018.’’.
SEC. 7502. 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)—
(A) by striking ‘‘such sums as may be necessary’’; and
(B) by striking ‘‘subsection’’ and all that follows and
inserting the following: ‘‘subsection—
‘‘(A) such sums as are necessary for each of fiscal
years 2008 through 2013; and
‘‘(B) $15,000,000 for each of fiscal years 2014 through
2018.’’; and
(2) in subsection (b)(2), by striking ‘‘is authorized to be
appropriated to carry out this subsection’’ and all that follows
and inserting the following: ‘‘are authorized to be appropriated
to carry out this subsection—
‘‘(A) $25,000,000 for each of fiscal years 2008 through
2013; and
‘‘(B) $15,000,000 for each of fiscal years 2014 through
2018.’’.
SEC. 7503. RESEARCH AND DEVELOPMENT OF AGRICULTURAL
COUNTERMEASURES.

Section 14121(b) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8921(b)) is amended by striking ‘‘is authorized
to be appropriated to carry out this section’’ and all that follows
and inserting the following: ‘‘are authorized to be appropriated
to carry out this section—
‘‘(1) $50,000,000 for each of fiscal years 2008 through 2013;
and
‘‘(2) $15,000,000 for each of fiscal years 2014 through
2018.’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 901

SEC. 7504. AGRICULTURAL BIOSECURITY GRANT PROGRAM.

Section 14122(e) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8922(e)) is amended—
(1) by striking ‘‘sums as are necessary’’; and
(2) by striking ‘‘section’’ and all that follows and inserting
the following: ‘‘section—
‘‘(1) such sums as are necessary for each of fiscal years
2008 through 2013, to remain available until expended; and
‘‘(2) $5,000,000 for each of fiscal years 2014 through 2018,
to remain available until expended.’’.

PART II—MISCELLANEOUS PROVISIONS
SEC. 7511. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.

Section 308 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a)
is amended—
(1) in subsection (b)(6)(A), by striking ‘‘5 years’’ and
inserting ‘‘10 years’’; and
(2) in subsection (d)(2), in the matter preceding subparagraph (A), by striking ‘‘1, 3, and 5 years’’ and inserting ‘‘6,
8, and 10 years’’.
SEC. 7512. 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
‘‘5-year period’’ and inserting ‘‘10-year period’’.

SEC. 7513. BUDGET SUBMISSION AND FUNDING.

Section 7506 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7614c) is amended—
(1) by striking subsection (a) and inserting the following
new subsection:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVERED PROGRAM.—The term ‘covered program’
means—
‘‘(A) each research program carried out by the Agricultural Research Service or the Economic Research Service
for which annual appropriations are requested in the
annual budget submission of the President; and
‘‘(B) each competitive program carried out by the
National Institute of Food and Agriculture for which annual
appropriations are requested in the annual budget submission of the President.
‘‘(2) REQUEST FOR APPLICATIONS.—The term ‘request for
applications’ means a funding announcement published by the
National Institute of Food and Agriculture that provides
detailed information on funding opportunities at the Institute,
including the purpose, eligibility, restriction, focus areas,
evaluation criteria, regulatory information, and instructions on
how to apply for such opportunities.’’; and
(2) by adding at the end the following new subsections:
‘‘(e) ADDITIONAL PRESIDENTIAL BUDGET SUBMISSION REQUIREMENT.—
‘‘(1) IN GENERAL.—Each year, the President shall submit
to Congress for each funding request for a covered program—

7 USC 3125a
note.

128 STAT. 902

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(A) in the case of the information described in paragraph (2), such information together with the annual
budget submission of the President; and
‘‘(B) in the case of any additional information described
in paragraph (3), such additional information within a
reasonable period that begins after the date of the annual
budget submission of the President.
‘‘(2) INFORMATION DESCRIBED.—The information described
in this paragraph includes—
‘‘(A) baseline information, including with respect to
each covered program—
‘‘(i) the funding level for the program for the fiscal
year preceding the year for which the annual budget
submission of the President is submitted;
‘‘(ii) the funding level requested in the annual
budget submission of the President, including any
increase or decrease in the funding level; and
‘‘(iii) an explanation justifying any change from
the funding level specified in clause (i) to the level
specified in clause (ii);
‘‘(B) with respect to each covered program that is carried out by the Economic Research Service or the Agricultural Research Service, the location and staff years of the
program;
‘‘(C) the proposed funding levels to be allocated to,
and the expected publication date, scope, and allocation
level for, each request for applications to be published
under or associated with—
‘‘(i) each priority area specified in subsection (b)(2)
of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i(b)(2));
‘‘(ii) each research and extension project carried
out under section 1621(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811(a));
‘‘(iii) each grant awarded under section 1672B(a)
of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b(a));
‘‘(iv) each grant awarded under section 412(d) of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7632(d)); and
‘‘(v) each grant awarded under section 7405(c)(1)
of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3319f(c)(1)); and
‘‘(D) any other information the Secretary determines
will increase congressional oversight with respect to covered programs.
‘‘(3) ADDITIONAL INFORMATION DESCRIBED.—The additional
information described in this paragraph is information that
the Secretary, after consulting with the Committee on Agriculture of the House of Representatives, the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and the
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies of the Committee
on Appropriations of the House of Representatives and the
Senate, determines is a necessary revision or clarification to
the information described in paragraph (2).

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 903

‘‘(4) PROHIBITION.—Unless the President submits the
information described in paragraph (2)(C) for a fiscal year,
the President may not carry out any program during that
fiscal year that is authorized under—
‘‘(A) subsection (b) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b));
‘‘(B) section 1621 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5811);
‘‘(C) section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b);
‘‘(D) section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632);
or
‘‘(E) section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
‘‘(f) REPORT OF THE SECRETARY OF AGRICULTURE.—Each year
on a date that is not later than the date on which the President
submits the annual budget, the Secretary shall submit to Congress
a report containing a description of the agricultural research, extension, and education activities carried out by the Federal Government
during the fiscal year that immediately precedes the year for which
the report is submitted, including—
‘‘(1) a review of the extent to which those activities—
‘‘(A) are duplicative or overlap within the Department
of Agriculture; or
‘‘(B) are similar to activities carried out by—
‘‘(i) other Federal agencies;
‘‘(ii) the States (including the District of Columbia,
the Commonwealth of Puerto Rico and other territories
or possessions of the United States);
‘‘(iii) institutions of higher education (as defined
in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)); or
‘‘(iv) the private sector; and
‘‘(2) for each report submitted under this section on or
after January 1, 2014, a 5-year projection of national priorities
with respect to agricultural research, extension, and education,
taking into account domestic needs.
‘‘(g) INTERCHANGEABILITY OF FUNDS.—Nothing in this section
shall be construed so as to limit the authority of the Secretary
under section 702(b) of the Department of Agriculture Organic
Act of 1944 (7 U.S.C. 2257(b)), with respect to the reprogramming
or transfer of funds.’’.
SEC. 7514. REPEAL OF SEED DISTRIBUTION.

Section 7523 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 415–1) is repealed.

SEC. 7515. NATURAL PRODUCTS RESEARCH PROGRAM.

Section 7525(e) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 5937(e)) is amended to read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $7,000,000 for each
of fiscal years 2014 through 2018.’’.
SEC. 7516. SUN GRANT PROGRAM.

(a) IN GENERAL.—Section 7526 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8114) is amended—

128 STAT. 904

PUBLIC LAW 113–79—FEB. 7, 2014

(1) in subsection (a)(4)(B), by striking ‘‘the Department
of Energy’’ and inserting ‘‘other appropriate Federal agencies
(as determined by the Secretary)’’;
(2) in subsection (b)(1)—
(A) in subparagraph (A), by striking ‘‘at South Dakota
State University’’;
(B) in subparagraph (B), by striking ‘‘at the University
of Tennessee at Knoxville’’;
(C) in subparagraph (C), by striking ‘‘at Oklahoma
State University’’;
(D) in subparagraph (D), by striking ‘‘at Oregon State
University’’;
(E) in subparagraph (E), by striking ‘‘at Cornell University’’; and
(F) in subparagraph (F), by striking ‘‘at the University
of Hawaii’’;
(3) in subsection (c)(1)—
(A) in subparagraph (B), by striking ‘‘multistate’’ and
all that follows through ‘‘technology implementation’’ and
inserting ‘‘integrated, multistate research, extension, and
education programs on technology development and technology implementation’’;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as subparagraph (C);
(4) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘in accordance with paragraph (2)’’;
(ii) by striking ‘‘gasification’’ and inserting ‘‘bioproducts’’; and
(iii) by striking ‘‘the Department of Energy’’ and
inserting ‘‘other appropriate Federal agencies’’;
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(5) in subsection (g), by striking ‘‘2012’’ and inserting
‘‘2018’’.
(b) CONFORMING AMENDMENT.—Section 7526(f)(1) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8114(f)) is amended
by striking ‘‘subsection (c)(1)(D)(i)’’ and inserting ‘‘subsection
(c)(1)(C)(i)’’.
SEC. 7517. REPEAL OF STUDY AND REPORT ON FOOD DESERTS.

Section 7527 of the Food, Conservation, and Energy Act of
2008 (Public Law 110–246; 122 Stat. 2039) is repealed.

SEC. 7518. REPEAL OF AGRICULTURAL AND RURAL TRANSPORTATION
RESEARCH AND EDUCATION.

Section 7529 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 5938) is repealed.

Subtitle F—Miscellaneous Provisions
7 USC 5939.

SEC. 7601. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.

(a) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors described in subsection (e).

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 905

(2) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Agriculture.
(3) FOUNDATION.—The term ‘‘Foundation’’ means the
Foundation for Food and Agriculture Research established
under subsection (b).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish a nonprofit
corporation to be known as the ‘‘Foundation for Food and Agriculture Research’’.
(2) STATUS.—The Foundation shall not be an agency or
instrumentality of the United States Government.
(c) PURPOSES.—The purposes of the Foundation shall be—
(1) to advance the research mission of the Department
by supporting agricultural research activities focused on
addressing key problems of national and international significance including—
(A) plant health, production, and plant products;
(B) animal health, production, and products;
(C) food safety, nutrition, and health;
(D) renewable energy, natural resources, and the
environment;
(E) agricultural and food security;
(F) agriculture systems and technology; and
(G) agriculture economics and rural communities; and
(2) to foster collaboration with agricultural researchers
from the Federal Government, State (as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)) governments,
institutions of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)), industry,
and nonprofit organizations.
(d) DUTIES.—
(1) IN GENERAL.—The Foundation shall—
(A) award grants to, or enter into contracts, memoranda of understanding, or cooperative agreements with,
scientists and entities, which may include agricultural
research agencies in the Department, university consortia,
public-private partnerships, institutions of higher education, nonprofit organizations, and industry, to efficiently
and effectively advance the goals and priorities of the
Foundation;
(B) in consultation with the Secretary—
(i) identify existing and proposed Federal intramural and extramural research and development programs relating to the purposes of the Foundation
described in subsection (c); and
(ii) coordinate Foundation activities with those programs so as to minimize duplication of existing efforts
and to avoid conflicts;
(C) identify unmet and emerging agricultural research
needs after reviewing the roadmap for agricultural
research, education, and extension authorized by section
7504 of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 7614a);

128 STAT. 906

PUBLIC LAW 113–79—FEB. 7, 2014
(D) facilitate technology transfer and release of
information and data gathered from the activities of the
Foundation to the agricultural research community;
(E) promote and encourage the development of the
next generation of agricultural research scientists; and
(F) carry out such other activities as the Board determines to be consistent with the purposes of the Foundation.
(2) RELATIONSHIP TO OTHER ACTIVITIES.—The activities
described in paragraph (1) shall be supplemental to any other
activities at the Department and shall not preempt any
authority or responsibility of the Department under another
provision of law.
(e) BOARD OF DIRECTORS.—
(1) ESTABLISHMENT.—The Foundation shall be governed
by a Board of Directors.
(2) COMPOSITION.—
(A) IN GENERAL.—The Board shall be composed of
appointed and ex-officio, nonvoting members.
(B) EX-OFFICIO MEMBERS.—The ex-officio members of
the Board shall be the following individuals or designees
of such individuals:
(i) The Secretary.
(ii) The Under Secretary of Agriculture for
Research, Education, and Economics.
(iii) The Administrator of the Agricultural
Research Service.
(iv) The Director of the National Institute of Food
and Agriculture.
(v) The Director of the National Science Foundation.
(C) APPOINTED MEMBERS.—
(i) IN GENERAL.—The ex-officio members of the
Board (as specified in subparagraph (B)) shall, by
majority vote, appoint to the Board 15 individuals,
of whom—
(I) 8 shall be selected from a list of candidates
to be provided by the National Academy of
Sciences; and
(II) 7 shall be selected from lists of candidates
provided by industry.
(ii) REQUIREMENTS.—
(I) EXPERTISE.—The ex-officio members shall
ensure that a majority of the appointed members
of the Board have actual experience in agricultural
research and, to the extent practicable, represent
diverse sectors of agriculture.
(II) LIMITATION.—No employee of the Federal
Government may serve as an appointed member
of the Board under this subparagraph.
(III) NOT FEDERAL EMPLOYMENT.—Appointment to the Board under this subparagraph shall
not constitute Federal employment.
(iii) AUTHORITY.—All appointed members of the
Board shall be voting members.
(D) CHAIR.—The Board shall, from among the members
of the Board, designate an individual to serve as Chair
of the Board.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 907

(3) INITIAL MEETING.—Not later than 60 days after the
date of enactment of this Act, the Secretary shall convene
a meeting of the ex-officio members of the Board—
(A) to incorporate the Foundation; and
(B) to appoint the members of the Board in accordance
with paragraph (2)(C)(i).
(4) DUTIES.—
(A) IN GENERAL.—The Board shall—
(i) establish bylaws for the Foundation that, at
a minimum, include—
(I) policies for the selection of future Board
members, officers, employees, agents, and contractors of the Foundation;
(II) policies, including ethical standards, for—
(aa) the acceptance, solicitation, and disposition of donations and grants to the
Foundation; and
(bb) the disposition of assets of the
Foundation, including appropriate limits on
the ability of donors to designate, by stipulation or restriction, the use or recipient of
donated funds;
(III) policies that would subject all employees,
fellows, trainees, and other agents of the Foundation (including members of the Board) to conflict
of interest standards in the same manner as Federal employees are subject to the conflict of interest
standards under section 208 of title 18, United
States Code;
(IV) policies for writing, editing, printing, publishing, and vending of books and other materials;
(V) policies for the conduct of the general operations of the Foundation, including a cap on
administrative expenses for recipients of a grant,
contract, or cooperative agreement from the
Foundation; and
(VI) specific duties for the Executive Director;
(ii) prioritize and provide overall direction for the
activities of the Foundation;
(iii) evaluate the performance of the Executive
Director; and
(iv) carry out any other necessary activities
regarding the Foundation.
(B) ESTABLISHMENT OF BYLAWS.—In establishing
bylaws under subparagraph (A)(i), the Board shall ensure
that the bylaws do not—
(i) reflect unfavorably on the ability of the Foundation to carry out the duties of the Foundation in a
fair and objective manner; or
(ii) compromise, or appear to compromise, the
integrity of any governmental agency or program, or
any officer or employee employed by, or involved in,
a governmental agency or program.
(5) TERMS AND VACANCIES.—
(A) TERMS.—
(i) IN GENERAL.—The term of each member of the
Board appointed under paragraph (2)(C) shall be 5

128 STAT. 908

PUBLIC LAW 113–79—FEB. 7, 2014
years, except that of the members initially appointed,
8 of the members shall each be appointed for a term
of 3 years and 7 of the members shall each be appointed
for a term of 2 years.
(ii) PARTIAL TERMS.—If a member of the Board
does not serve the full term applicable under clause
(i), the individual appointed to fill the resulting vacancy
shall be appointed for the remainder of the term of
the predecessor of the individual.
(iii) TRANSITION.—A member of the Board may
continue to serve after the expiration of the term of
the member until a successor is appointed.
(B) VACANCIES.—After the initial appointment of the
members of the Board under paragraph (2)(C), any vacancy
in the membership of the Board shall be filled as provided
in the bylaws established under paragraph (4)(A)(i).
(6) COMPENSATION.—Members of the Board may not receive
compensation for service on the Board but may be reimbursed
for travel, subsistence, and other necessary expenses incurred
in carrying out the duties of the Board.
(7) MEETINGS AND QUORUM.—A majority of the members
of the Board shall constitute a quorum for purposes of conducting the business of the Board.
(f) ADMINISTRATION.—
(1) EXECUTIVE DIRECTOR.—
(A) IN GENERAL.—The Board shall hire an Executive
Director who shall carry out such duties and responsibilities as the Board may prescribe.
(B) SERVICE.—The Executive Director shall serve at
the pleasure of the Board.
(2) ADMINISTRATIVE POWERS.—
(A) IN GENERAL.—In carrying out this section, the
Board, acting through the Executive Director, may—
(i) adopt, alter, and use a corporate seal, which
shall be judicially noticed;
(ii) hire, promote, compensate, and discharge 1
or more officers, employees, and agents, as may be
necessary, and define the duties of the officers,
employees, and agents;
(iii) solicit and accept any funds, gifts, grants,
devises, or bequests of real or personal property made
to the Foundation, including such support from private
entities;
(iv) prescribe the manner in which—
(I) real or personal property of the Foundation
is acquired, held, and transferred;
(II) general operations of the Foundation are
to be conducted; and
(III) the privileges granted to the Board by
law are exercised and enjoyed;
(v) with the consent of the applicable executive
department or independent agency, use the information, services, and facilities of the department or agency
in carrying out this section on a reimbursable basis;
(vi) enter into contracts with public and private
organizations for the writing, editing, printing, and
publishing of books and other material;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 909

(vii) hold, administer, invest, and spend any funds,
gifts, grant, devise, or bequest of real or personal property made to the Foundation;
(viii) enter into such contracts, leases, cooperative
agreements, and other transactions as the Board considers appropriate to conduct the activities of the
Foundation;
(ix) modify or consent to the modification of any
contract or agreement to which the Foundation is a
party or in which the Foundation has an interest;
(x) take such action as may be necessary to obtain
and maintain patents for and to license inventions
(as defined in section 201 of title 35, United States
Code) developed by the Foundation, employees of the
Foundation, or derived from the collaborative efforts
of the Foundation;
(xi) sue and be sued in the corporate name of
the Foundation, and complain and defend in courts
of competent jurisdiction;
(xii) appoint other groups of advisors as may be
determined necessary to carry out the functions of
the Foundation; and
(xiii) exercise such other incidental powers as are
necessary to carry out the duties and functions of
the Foundation in accordance with this section.
(B) LIMITATION.—No appointed member of the Board
or officer or employee of the Foundation or of any program
established by the Foundation (other than ex-officio members of the Board) shall exercise administrative control
over any Federal employee.
(3) RECORDS.—
(A) AUDITS.—The Foundation shall—
(i) provide for annual audits of the financial condition of the Foundation; and
(ii) make the audits, and all other records, documents, and other papers of the Foundation, available
to the Secretary and the Comptroller General of the
United States for examination or audit.
(B) REPORTS.—
(i) ANNUAL REPORT ON FOUNDATION.—
(I) IN GENERAL.—Not later than 5 months following the end of each fiscal year, the Foundation
shall publish a report for the preceding fiscal year
that includes—
(aa) a description of Foundation activities,
including accomplishments; and
(bb) a comprehensive statement of the
operations and financial condition of the
Foundation.
(II) FINANCIAL CONDITION.—Each report under
subclause (I) shall include a description of all gifts,
grants, devises, or bequests to the Foundation of
real or personal property or money, which shall
include—
(aa) the source of the gifts, grants, devises,
or bequests; and

128 STAT. 910

PUBLIC LAW 113–79—FEB. 7, 2014
(bb) any restrictions on the purposes for
which the gift, grant, devise, or bequest may
be used.
(III) AVAILABILITY.—The Foundation shall—
(aa) make copies of each report submitted
under subclause (I) available for public inspection; and
(bb) on request, provide a copy of the
report to any individual.
(IV) PUBLIC MEETING.—The Board shall hold
an annual public meeting to summarize the activities of the Foundation.
(ii) GRANT REPORTING.—Any recipient of a grant
under subsection (d)(1)(A) shall provide the Foundation
with a report at the conclusion of any research or
studies conducted that describes the results of the
research or studies, including any data generated.
(4) INTEGRITY.—
(A) IN GENERAL.—To ensure integrity in the operations
of the Foundation, the Board shall develop and enforce
procedures relating to standards of conduct, financial
disclosure statements, conflicts of interest (including
recusal and waiver rules), audits, and any other matters
determined appropriate by the Board.
(B) FINANCIAL CONFLICTS OF INTEREST.—Any individual who is an officer, employee, or member of the Board
is prohibited from any participation in deliberations by
the Foundation of a matter that would directly or predictably affect any financial interest of—
(i) the individual;
(ii) a relative (as defined in section 109 of the
Ethics in Government Act of 1978 (5 U.S.C. App.))
of that individual; or
(iii) a business organization or other entity in
which the individual has an interest, including an
organization or other entity with which the individual
is negotiating employment.
(5) INTELLECTUAL PROPERTY.—The Board shall adopt written standards to govern the ownership and licensing of any
intellectual property rights derived from the collaborative
efforts of the Foundation.
(6) LIABILITY.—The United States shall not be liable for
any debts, defaults, acts, or omissions of the Foundation nor
shall the full faith and credit of the United States extend
to any obligations of the Foundation.
(g) FUNDS.—
(1) MANDATORY FUNDING.—
(A) IN GENERAL.—On the date of the enactment of
this Act, of the funds of the Commodity Credit Corporation,
the Secretary shall transfer to the Foundation to carry
out this section $200,000,000, to remain available until
expended under the conditions described in subparagraph
(B).
(B) CONDITIONS ON EXPENDITURE.—The Foundation
may use the funds made available under subparagraph
(A) to carry out the purposes of the Foundation only to

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 911

the extent that the Foundation secures an equal amount
of non-Federal matching funds for each expenditure.
(C) PROHIBITION ON CONSTRUCTION.—None of the funds
made available under subparagraph (A) may be used for
construction.
(2) SEPARATION OF FUNDS.—The Executive Director shall
ensure that any funds received under paragraph (1) are held
in separate accounts from funds received from nongovernmental
entities as described in subsection (f)(2)(A)(iii).
SEC. 7602. CONCESSIONS AND AGREEMENTS WITH NONPROFIT
ORGANIZATIONS FOR NATIONAL ARBORETUM.

Section 6 of the Act of March 4, 1927 (20 U.S.C. 196), is
amended—
(1) in subsection (a), by striking paragraph (1) and inserting
the following new paragraph:
‘‘(1) negotiate concessions and agreements for the National
Arboretum with nonprofit scientific or educational organizations, the interests of which are complementary to the mission
of the National Arboretum, or nonprofit organizations that support the purpose of the National Arboretum, except that the
net proceeds of the organizations from the concessions or agreements, as applicable, shall be used exclusively for—
‘‘(A) the research and educational work for the benefit
of the National Arboretum; and
‘‘(B) the operation and maintenance of the facilities
of the National Arboretum, including enhancements,
upgrades, restoration, and conservation;’’; and
(2) by adding at the end the following new subsection:
‘‘(d) RECOGNITION OF DONORS.—A nonprofit organization that
entered into a concession or agreement under subsection (a)(1)
may recognize donors if that recognition is approved in advance
by the Secretary of Agriculture. In considering whether to approve
such recognition, the Secretary shall broadly exercise the discretion
of the Secretary to the fullest extent allowed under Federal law.’’.

SEC. 7603. AGRICULTURAL AND FOOD LAW RESEARCH, LEGAL TOOLS,
AND INFORMATION.

(a) PARTNERSHIPS.—The Secretary of Agriculture, acting
through the National Agricultural Library, shall support the
dissemination of objective, scholarly, and authoritative agricultural
and food law research, legal tools, and information by entering
into cooperative agreements with institutions of higher education
(as defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) that on the date of enactment of this Act are
carrying out objective programs for research, legal tools, and
information in agricultural and food law.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for fiscal
year 2014 and each fiscal year thereafter.
SEC. 7604. COTTON DISEASE RESEARCH 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
fungus Fusarium oxysporum f. sp. vasinfectum race 4 (referred
to in this section as ‘‘FOV Race 4’’) and the impact of such fungus
on cotton, including—

7 USC 3125a–1.

128 STAT. 912

PUBLIC LAW 113–79—FEB. 7, 2014
(1) an overview of the threat FOV Race 4 poses to the
cotton industry in the United States;
(2) the status and progress of Federal research initiatives
to detect, contain, or eradicate FOV Race 4, including current
FOV Race 4-specific research projects; and
(3) a comprehensive strategy to combat FOV Race 4 that
establishes—
(A) detection and identification goals;
(B) containment goals;
(C) eradication goals; and
(D) a plan to partner with the cotton industry in the
United States to maximize resources, information sharing,
and research responsiveness and effectiveness.

SEC. 7605. MISCELLANEOUS TECHNICAL CORRECTIONS.
7 USC 2241a,
3125a note.

7 USC 5940.

Sections 7408 and 7409 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110–246; 122 Stat. 2013) are both amended
by striking ‘‘Title III of the Department of Agriculture Reorganization Act of 1994’’ and inserting ‘‘Title III of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization
Act of 1994’’.

SEC. 7606. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH.

(a) IN GENERAL.—Notwithstanding the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41,
United States Code, or any other Federal law, an institution of
higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) or a State department of agriculture
may grow or cultivate industrial hemp if—
(1) the industrial hemp is grown or cultivated for purposes
of research conducted under an agricultural pilot program or
other agricultural or academic research; and
(2) the growing or cultivating of industrial hemp is allowed
under the laws of the State in which such institution of higher
education or State department of agriculture is located and
such research occurs.
(b) DEFINITIONS.—In this section:
(1) AGRICULTURAL PILOT PROGRAM.—The term ‘‘agricultural
pilot program’’ means a pilot program to study the growth,
cultivation, or marketing of industrial hemp—
(A) in States that permit the growth or cultivation
of industrial hemp under the laws of the State; and
(B) in a manner that—
(i) ensures that only institutions of higher education and State departments of agriculture are used
to grow or cultivate industrial hemp;
(ii) requires that sites used for growing or cultivating industrial hemp in a State be certified by, and
registered with, the State department of agriculture;
and
(iii) authorizes State departments of agriculture
to promulgate regulations to carry out the pilot program in the States in accordance with the purposes
of this section.
(2) INDUSTRIAL HEMP.—The term ‘‘industrial hemp’’ means
the plant Cannabis sativa L. and any part of such plant,
whether growing or not, with a delta-9 tetrahydrocannabinol

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 913

concentration of not more than 0.3 percent on a dry weight
basis.
(3) STATE DEPARTMENT OF AGRICULTURE.—The term ‘‘State
department of agriculture’’ means the agency, commission, or
department of a State government responsible for agriculture
within the State.

TITLE VIII—FORESTRY
Subtitle A—Repeal of Certain Forestry
Programs
SEC. 8001. FOREST LAND ENHANCEMENT PROGRAM.

(a) REPEAL.—Section 4 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103) is repealed.
(b) CONFORMING AMENDMENT.—Section 8002 of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 16
U.S.C. 2103 note) is amended by striking subsection (a).
SEC. 8002. WATERSHED FORESTRY ASSISTANCE PROGRAM.

Section 6 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2103b) is repealed.
SEC. 8003. EXPIRED COOPERATIVE NATIONAL FOREST PRODUCTS
MARKETING PROGRAM.

Section 18 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2112) is repealed.
SEC. 8004. HISPANIC-SERVING INSTITUTION AGRICULTURAL LAND
NATIONAL RESOURCES LEADERSHIP PROGRAM.

Section 8402 of the Food, Conservation, and Energy Act of
2008 (16 U.S.C. 1649a) is repealed.

SEC. 8005. TRIBAL WATERSHED FORESTRY ASSISTANCE PROGRAM.

Section 303 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6542) is repealed.
SEC. 8006. SEPARATE FOREST SERVICE DECISIONMAKING AND
APPEALS PROCESS.

(a) REPEAL.—Section 322 of the Department of the Interior
and Related Agencies Appropriations Act, 1993 (16 U.S.C. 1612
note; Public Law 102–381) is repealed.
(b) FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS.—
Section 428 of division E of the Consolidated Appropriations Act,
2012 (16 U.S.C. 6515 note; Public Law 112–74) shall not apply
to any project or activity implementing a land and resource management plan developed under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that
is categorically excluded from documentation in an environmental
assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).

128 STAT. 914

PUBLIC LAW 113–79—FEB. 7, 2014

Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978 Programs
SEC. 8101. STATE-WIDE ASSESSMENT AND STRATEGIES FOR FOREST
RESOURCES.

Section 2A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101a) is amended—
(1) in subsection (c)—
(A) in paragraph (4), by striking ‘‘and’’;
(B) by redesignating paragraph (5) as paragraph (6);
and
(C) by inserting after paragraph (4) the following new
paragraph:
‘‘(5) as feasible, appropriate military installations where
the voluntary participation and management of private or
State-owned or other public forestland is able to support, promote, and contribute to the missions of such installations; and’’;
and
(2) in subsection (f)(1), by striking ‘‘2012’’ and inserting
‘‘2018’’.

Subtitle C—Reauthorization of Other
Forestry-Related Laws
SEC. 8201. 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
‘‘2012’’ and inserting ‘‘2018’’.

SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY.

Section 2405(d) of the Global Climate Change Prevention Act
of 1990 (7 U.S.C. 6704(d)) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.
SEC. 8203. HEALTHY FORESTS RESERVE PROGRAM.

(a) DEFINITION OF ACREAGE OWNED BY INDIAN TRIBES.—Section
502(e)(3) of the Healthy Forests Restoration Act (16 U.S.C.
6572(e)(3)) is amended—
(1) in subparagraph (C), by striking ‘‘subparagraphs (A)
and (B)’’ and inserting ‘‘clauses (i) and (ii)’’;
(2) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting appropriately; and
(3) by striking ‘‘In the case of’’ and inserting the following:
‘‘(A) DEFINITION OF ACREAGE OWNED BY INDIAN
TRIBES.—In this paragraph, the term ‘acreage owned by
Indian tribes’ includes—
‘‘(i) land that is held in trust by the United States
for Indian tribes or individual Indians;
‘‘(ii) land, the title to which is held by Indian
tribes or individual Indians subject to Federal restrictions against alienation or encumbrance;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 915

‘‘(iii) land that is subject to rights of use, occupancy, and benefit of certain Indian tribes;
‘‘(iv) land that is held in fee title by an Indian
tribe; or
‘‘(v) land that is owned by a native corporation
formed under section 17 of the Act of June 18, 1934
(commonly known as the ‘Indian Reorganization Act’)
(25 U.S.C. 477) or section 8 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1607); or
‘‘(vi) a combination of 1 or more types of land
described in clauses (i) through (v).
‘‘(B) ENROLLMENT OF ACREAGE.—In the case of’’.
(b) CHANGE IN FUNDING SOURCE FOR HEALTHY FORESTS
RESERVE PROGRAM.—Section 508 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6578) is amended—
(1) in subsection (a), by striking ‘‘IN GENERAL’’ and inserting
‘‘FISCAL YEARS 2009 THROUGH 2013’’;
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
‘‘(b) FISCAL YEARS 2014 THROUGH 2018.—There is authorized
to be appropriated to the Secretary of Agriculture to carry out
this section $12,000,000 for each of fiscal years 2014 through 2018.
‘‘(c) ADDITIONAL SOURCE OF FUNDS.—In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount
of the funds appropriated for that fiscal year to carry out the
Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a
et seq.) as the Secretary determines necessary to cover the cost
of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 504.’’.
SEC. 8204. INSECT AND DISEASE INFESTATION.

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:

‘‘SEC. 602. DESIGNATION OF TREATMENT AREAS.

‘‘(a) DEFINITION OF DECLINING FOREST HEALTH.—In this section, the term ‘declining forest health’ means a forest that is experiencing—
‘‘(1) substantially increased tree mortality due to insect
or disease infestation; or
‘‘(2) dieback due to infestation or defoliation by insects
or disease.
‘‘(b) DESIGNATION OF TREATMENT AREAS.—
‘‘(1) INITIAL AREAS.—Not later than 60 days after the date
of enactment of the Agricultural Act of 2014, the Secretary
shall, if requested by the Governor of the State, designate
as part of an insect and disease treatment program 1 or more
landscape-scale areas, such as subwatersheds (sixth-level
hydrologic units, according to the System of Hydrologic Unit
Codes of the United States Geological Survey), in at least
1 national forest in each State that is experiencing an insect
or disease epidemic.
‘‘(2) ADDITIONAL AREAS.—After the end of the 60-day period
described in paragraph (1), the Secretary may designate additional landscape-scale areas under this section as needed to
address insect or disease threats.

16 USC 6591a.

128 STAT. 916

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(c) REQUIREMENTS.—To be designated a landscape-scale area
under subsection (b), the area shall be—
‘‘(1) experiencing declining forest health, based on annual
forest health surveys conducted by the Secretary;
‘‘(2) at risk of experiencing substantially increased tree
mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease
Risk Map published by the Forest Service; or
‘‘(3) in an area in which the risk of hazard trees poses
an imminent risk to public infrastructure, health, or safety.
‘‘(d) TREATMENT OF AREAS.—
‘‘(1) IN GENERAL.—The Secretary may carry out priority
projects on Federal land in the areas designated under subsection (b) to reduce the risk or extent of, or increase the
resilience to, insect or disease infestation in the areas.
‘‘(2) AUTHORITY.—Any project under paragraph (1) for
which a public notice to initiate scoping is issued on or before
September 30, 2018, may be carried out in accordance with
subsections (b), (c), and (d) of section 102, and sections 104,
105, and 106.
‘‘(3) EFFECT.—Projects carried out under this subsection
shall be considered authorized hazardous fuel reduction projects
for purposes of the authorities described in paragraph (2).
‘‘(4) REPORT.—
‘‘(A) IN GENERAL.—In accordance with the schedule
described in subparagraph (B), the Secretary shall issue
2 reports on actions taken to carry out this subsection,
including—
‘‘(i) an evaluation of the progress towards project
goals; and
‘‘(ii) recommendations for modifications to the
projects and management treatments.
‘‘(B) SCHEDULE.—The Secretary shall—
‘‘(i) not earlier than September 30, 2018, issue
the initial report under subparagraph (A); and
‘‘(ii) not earlier than September 30, 2024, issue
the second report under that subparagraph.
‘‘(e) TREE RETENTION.—The Secretary shall carry out projects
under subsection (d) in a manner that maximizes the retention
of old-growth and large trees, as appropriate for the forest type,
to the extent that the trees promote stands that are resilient
to insects and disease.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $200,000,000 for each
of fiscal years 2014 through 2024.
16 USC 6591b.

‘‘SEC. 603. ADMINISTRATIVE REVIEW.

‘‘(a) IN GENERAL.—Except as provided in subsection (d), a
project described in subsection (b) that is conducted in accordance
with section 602(d) may be—
‘‘(1) considered an action categorically excluded from the
requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.);
and
‘‘(2) exempt from the special administrative review process
under section 105.
‘‘(b) COLLABORATIVE RESTORATION PROJECT.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 917

‘‘(1) IN GENERAL.—A project referred to in subsection (a)
is a project to carry out forest restoration treatments that—
‘‘(A) maximizes the retention of old-growth and large
trees, as appropriate for the forest type, to the extent
that the trees promote stands that are resilient to insects
and disease;
‘‘(B) considers the best available scientific information
to maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition,
and connectivity; and
‘‘(C) is developed and implemented through a collaborative process that—
‘‘(i) includes multiple interested persons representing diverse interests; and
‘‘(ii)(I) is transparent and nonexclusive; or
‘‘(II) 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).
‘‘(2) INCLUSION.—A project under this subsection may carry
out part 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)).
‘‘(c) LIMITATIONS.—
‘‘(1) PROJECT SIZE.—A project under this section may not
exceed 3000 acres.
‘‘(2) LOCATION.—A project under this section shall be limited to areas—
‘‘(A) in the wildland-urban interface; or
‘‘(B) Condition Classes 2 or 3 in Fire Regime Groups
I, II, or III, outside the wildland-urban interface.
‘‘(3) ROADS.—
‘‘(A) PERMANENT ROADS.—
‘‘(i) PROHIBITION ON ESTABLISHMENT.—A project
under this section shall not include the establishment
of permanent roads.
‘‘(ii) EXISTING ROADS.—The Secretary may carry
out necessary maintenance and repairs on existing
permanent roads for the purposes of this section.
‘‘(B)
TEMPORARY
ROADS.—The
Secretary
shall
decommission any temporary road constructed under a
project under this section not later than 3 years after
the date on which the project is completed.
‘‘(d) EXCLUSIONS.—This section does not apply to—
‘‘(1) a component of the National Wilderness Preservation
System;
‘‘(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited;
‘‘(3) a congressionally designated wilderness study area;
or
‘‘(4) an area in which activities under subsection (a) would
be inconsistent with the applicable land and resource management plan.
‘‘(e) FOREST MANAGEMENT PLANS.—All projects and activities
carried out under this section shall be consistent with the land

128 STAT. 918

PUBLIC LAW 113–79—FEB. 7, 2014

and resource management plan established under section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604) for the unit of the National Forest System containing the projects and activities.
‘‘(f) PUBLIC NOTICE AND SCOPING.—The Secretary shall conduct
public notice and scoping for any project or action proposed in
accordance with this section.
‘‘(g) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—The Secretary shall prepare an annual
report on the use of categorical exclusions under this section
that includes a description of all acres (or other appropriate
unit) treated through projects carried out under this section.
‘‘(2) SUBMISSION.—Not later than 1 year after the date
of enactment of this section, and each year thereafter, the
Secretary shall submit the reports required under paragraph
(1) to—
‘‘(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
‘‘(B) the Committee on Environment and Public Works
of the Senate;
‘‘(C) the Committee on Agriculture of the House of
Representatives;
‘‘(D) the Committee on Natural Resources of the House
of Representatives; and
‘‘(E) the Government Accountability Office.’’.
SEC. 8205. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

(a) IN GENERAL.—Title VI of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591) (as amended by section 8204) is
amended by adding at the end the following:
16 USC 6591c.

‘‘SEC. 604. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CHIEF.—The term ‘Chief’ means the Chief of the Forest
Service.
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director
of the Bureau of Land Management.
‘‘(b) PROJECTS.—The Chief and the Director, via agreement
or contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private entities
to perform services to achieve land management goals for the
national forests and the public lands that meet local and rural
community needs.
‘‘(c) LAND MANAGEMENT GOALS.—The land management goals
of a project under subsection (b) may include any of the following:
‘‘(1) Road and trail maintenance or obliteration to restore
or maintain water quality.
‘‘(2) Soil productivity, habitat for wildlife and fisheries,
or other resource values.
‘‘(3) Setting of prescribed fires to improve the composition,
structure, condition, and health of stands or to improve wildlife
habitat.
‘‘(4) Removing vegetation or other activities to promote
healthy forest stands, reduce fire hazards, or achieve other
land management objectives.
‘‘(5) Watershed restoration and maintenance.
‘‘(6) Restoration and maintenance of wildlife and fish.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 919

‘‘(7) Control of noxious and exotic weeds and reestablishing
native plant species.
‘‘(d) AGREEMENTS OR CONTRACTS.—
‘‘(1) PROCUREMENT PROCEDURE.—A source for performance
of an agreement or contract under subsection (b) shall be
selected on a best-value basis, including consideration of source
under other public and private agreements or contracts.
‘‘(2) CONTRACT FOR SALE OF PROPERTY.—A contract entered
into under this section may, at the discretion of the Secretary
of Agriculture, be considered a contract for the sale of property
under such terms as the Secretary may prescribe without
regard to any other provision of law.
‘‘(3) TERM.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Chief and the Director may enter into a contract
under subsection (b) in accordance with section 3903 of
title 41, United States Code.
‘‘(B) MAXIMUM.—The period of the contract under subsection (b) may exceed 5 years but may not exceed 10
years.
‘‘(4) OFFSETS.—
‘‘(A) IN GENERAL.—The Chief and the Director may
apply the value of timber or other forest products removed
as an offset against the cost of services received under
the agreement or contract described in subsection (b).
‘‘(B) METHODS OF APPRAISAL.—The value of timber or
other forest products used as an offset under subparagraph
(A)—
‘‘(i) shall be determined using appropriate methods
of appraisal commensurate with the quantity of products to be removed; and
‘‘(ii) may—
‘‘(I) be determined using a unit of measure
appropriate to the contracts; and
‘‘(II) may include valuing products on a peracre basis.
‘‘(5) RELATION TO OTHER LAWS.—Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into
an agreement or contract under subsection (b).
‘‘(6) CONTRACTING OFFICER.—Notwithstanding any other
provision of law, the Secretary or the Secretary of the Interior
may determine the appropriate contracting officer to enter into
and administer an agreement or contract under subsection
(b).
‘‘(7) FIRE LIABILITY PROVISIONS.—Not later than 90 days
after the date of enactment of this section, the Chief and
the Director shall issue for use in all contracts and agreements
under this section fire liability provisions that are in substantially the same form as the fire liability provisions contained
in—
‘‘(A) integrated resource timber contracts, as described
in the Forest Service contract numbered 2400–13, part
H, section H.4; and
‘‘(B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976
(16 U.S.C. 472a).

128 STAT. 920

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(e) RECEIPTS.—
‘‘(1) IN GENERAL.—The Chief and the Director may collect
monies from an agreement or contract under subsection (b)
if the collection is a secondary objective of negotiating the
contract that will best achieve the purposes of this section.
‘‘(2) USE.—Monies from an agreement or contract under
subsection (b)—
‘‘(A) may be retained by the Chief and the Director;
and
‘‘(B) shall be available for expenditure without further
appropriation at the project site from which the monies
are collected or at another project site.
‘‘(3) RELATION TO OTHER LAWS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the value of services received by the Chief
or the Director under a stewardship contract project conducted under this section, and any payments made or
resources provided by the contractor, Chief, or Director
shall not be considered monies received from the National
Forest System or the public lands.
‘‘(B) KNUTSON-VANDERBERG ACT.—The Act of June 9,
1930 (commonly known as the ‘Knutson-Vanderberg Act’)
(16 U.S.C. 576 et seq.) shall not apply to any agreement
or contract under subsection (b).
‘‘(f) COSTS OF REMOVAL.—Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits
from a contractor covering the costs of removal of timber or other
forest products under—
‘‘(1) the Act of August 11, 1916 (16 U.S.C. 490); and
‘‘(2) the Act of June 30, 1914 (16 U.S.C. 498).
‘‘(g) PERFORMANCE AND PAYMENT GUARANTEES.—
‘‘(1) IN GENERAL.—The Chief and the Director may require
performance and payment bonds under sections 28.103–2 and
28.103–3 of the Federal Acquisition Regulation, in an amount
that the contracting officer considers sufficient to protect the
investment in receipts by the Federal Government generated
by the contractor from the estimated value of the forest products
to be removed under a contract under subsection (b).
‘‘(2) EXCESS OFFSET VALUE.—If the offset value of the forest
products exceeds the value of the resource improvement treatments, the Chief and the Director may—
‘‘(A) collect any residual receipts under the Act of June
9, 1930 (commonly known as the ‘Knutson-Vanderberg Act’)
(16 U.S.C. 576 et seq.); and
‘‘(B) apply the excess to other authorized stewardship
projects.
‘‘(h) MONITORING AND EVALUATION.—
‘‘(1) IN GENERAL.—The Chief and the Director shall establish a multiparty monitoring and evaluation process that
accesses the stewardship contracting projects conducted under
this section.
‘‘(2) PARTICIPANTS.—Other than the Chief and Director,
participants in the process described in paragraph (1) may
include—
‘‘(A) any cooperating governmental agencies, including
tribal governments; and
‘‘(B) any other interested groups or individuals.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 921

‘‘(i) REPORTING.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the
Director shall report to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives on—
‘‘(1) the status of development, execution, and administration of agreements or contracts under subsection (b);
‘‘(2) the specific accomplishments that have resulted; and
‘‘(3) the role of local communities in the development of
agreements or contract plans.’’.
(b) CONFORMING AMENDMENT.—Section 347 of the Department
of the Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; Public Law 105–277) is repealed.
SEC. 8206. GOOD NEIGHBOR AUTHORITY.

(a) DEFINITIONS.—In this section:
(1) AUTHORIZED
RESTORATION
SERVICES.—The
term
‘‘authorized restoration services’’ means similar and complementary forest, rangeland, and watershed restoration services carried out—
(A) on Federal land and non-Federal land; and
(B) by either the Secretary or a Governor pursuant
to a good neighbor agreement.
(2) FEDERAL LAND.—
(A) IN GENERAL.—The term ‘‘Federal land’’ means land
that is—
(i) National Forest System land; or
(ii) public land (as defined in section 103 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702)).
(B) EXCLUSIONS.—The term ‘‘Federal land’’ does not
include—
(i) a component of the National Wilderness
Preservation System;
(ii) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or
Presidential proclamation (including the applicable
implementation plan); or
(iii) a wilderness study area.
(3) FOREST, RANGELAND, AND WATERSHED RESTORATION
SERVICES.—
(A) IN GENERAL.—The term ‘‘forest, rangeland, and
watershed restoration services’’ means—
(i) activities to treat insect- and disease-infected
trees;
(ii) activities to reduce hazardous fuels; and
(iii) any other activities to restore or improve
forest, rangeland, and watershed health, including fish
and wildlife habitat.
(B) EXCLUSIONS.—The term ‘‘forest, rangeland, and
watershed restoration services’’ does not include—
(i) construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas;
or
(ii) construction, alteration, repair or replacement
of public buildings or works.

16 USC 2113a.

128 STAT. 922

PUBLIC LAW 113–79—FEB. 7, 2014
(4) GOOD NEIGHBOR AGREEMENT.—The term ‘‘good neighbor
agreement’’ means a cooperative agreement or contract
(including a sole source contract) entered into between the
Secretary and a Governor to carry out authorized restoration
services under this section.
(5) GOVERNOR.—The term ‘‘Governor’’ means the Governor
or any other appropriate executive official of an affected State
or the Commonwealth of Puerto Rico.
(6) ROAD.—The term ‘‘road’’ has the meaning given the
term in section 212.1 of title 36, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(7) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to Bureau
of Land Management land.
(b) GOOD NEIGHBOR AGREEMENTS.—
(1) GOOD NEIGHBOR AGREEMENTS.—
(A) IN GENERAL.—The Secretary may enter into a good
neighbor agreement with a Governor to carry out authorized restoration services in accordance with this section.
(B) PUBLIC AVAILABILITY.—The Secretary shall make
each good neighbor agreement available to the public.
(2) TIMBER SALES.—
(A) IN GENERAL.—Subsections (d) and (g) of section
14 of the National Forest Management Act of 1976 (16
U.S.C. 472a(d) and (g)) shall not apply to services performed under a cooperative agreement or contract entered
into under subsection (a).
(B) APPROVAL OF SILVICULTURE PRESCRIPTIONS AND
MARKING GUIDES.—The Secretary shall provide or approve
all silviculture prescriptions and marking guides to be
applied on Federal land in all timber sale projects conducted under this section.
(3) RETENTION OF NEPA RESPONSIBILITIES.—Any decision
required to be made under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services to be provided under this section on
Federal land shall not be delegated to a Governor.

Subtitle D—Miscellaneous Provisions
16 USC 1642
note.

SEC. 8301. REVISION OF STRATEGIC PLAN FOR FOREST INVENTORY
AND ANALYSIS.

(a) REVISION REQUIRED.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall revise the strategic
plan for forest inventory and analysis initially prepared pursuant
to section 3(e) of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1642(e)) to address the requirements imposed by subsection (b).
(b) ELEMENTS OF REVISED STRATEGIC PLAN.—In revising the
strategic plan, the Secretary shall describe in detail the organization, procedures, and funding needed to achieve each of the following:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 923

(1) Complete the transition to a fully annualized forest
inventory program and include inventory and analysis of
interior Alaska.
(2) Implement an annualized inventory of trees in urban
settings, including the status and trends of trees and forests,
and assessments of their ecosystem services, values, health,
and risk to pests and diseases.
(3) Report information on renewable biomass supplies and
carbon stocks at the local, State, regional, and national level,
including by ownership type.
(4) Engage State foresters and other users of information
from the forest inventory and analysis in reevaluating the
list of core data variables collected on forest inventory and
analysis plots with an emphasis on demonstrated need.
(5) Improve the timeliness of the timber product output
program and accessibility of the annualized information on
that database.
(6) Foster greater cooperation among the forest inventory
and analysis program, research station leaders, and State foresters and other users of information from the forest inventory
and analysis.
(7) Promote availability of and access to non-Federal
resources to improve information analysis and information
management.
(8) Collaborate with the Natural Resources Conservation
Service, National Aeronautics and Space Administration,
National Oceanic and Atmospheric Administration, and United
States Geological Survey to integrate remote sensing, spatial
analysis techniques, and other new technologies in the forest
inventory and analysis program.
(9) Understand and report on changes in land cover and
use.
(10) Expand existing programs to promote sustainable
forest stewardship through increased understanding, in partnership with other Federal agencies, of the over 10,000,000
family forest owners, their demographics, and the barriers to
forest stewardship.
(11) Implement procedures to improve the statistical precision of estimates at the sub-State level.
(c) SUBMISSION OF REVISED STRATEGIC PLAN.—The Secretary
shall submit the revised strategic plan to the Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
SEC. 8302. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.

The Secretary, acting through the Chief of the Forest Service,
may use funds derived from conservation-related programs executed
on National Forest System land to utilize the Agriculture Conservation Experienced Services Program established pursuant to section
1252 of the Food Security Act of 1985 (16 U.S.C. 3851) to provide
technical services for conservation-related programs and authorities
carried out by the Secretary on National Forest System land.

16 USC 3851a.

128 STAT. 924

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 8303. EXTENSION OF STEWARDSHIP CONTRACTS AUTHORITY
REGARDING USE OF DESIGNATION BY PRESCRIPTION TO
ALL THINNING SALES UNDER NATIONAL FOREST
MANAGEMENT ACT OF 1976.

Section 14 of the National Forest Management Act of 1976
(16 U.S.C. 472a) is amended by striking subsection (g) and inserting
the following:
‘‘(g) DESIGNATION AND SUPERVISION OF HARVESTING.—
‘‘(1) IN GENERAL.—Designation, including marking when
necessary, designation by description, or designation by
prescription, and supervision of harvesting of trees, portions
of trees, or forest products shall be conducted by persons
employed by the Secretary of Agriculture.
‘‘(2) REQUIREMENT.—Persons employed by the Secretary
of Agriculture under paragraph (1)—
‘‘(A) shall have no personal interest in the purchase
or harvest of the products; and
‘‘(B) shall not be directly or indirectly in the employment of the purchaser of the products.
‘‘(3) METHODS FOR DESIGNATION.—Designation by prescription and designation by description shall be considered valid
methods for designation, and may be supervised by use of
post-harvest cruise, sample weight scaling, or other methods
determined by the Secretary of Agriculture to be appropriate.’’.

42 USC 1856e.

SEC. 8304. REIMBURSEMENT OF FIRE FUNDS.

(a) DEFINITION OF STATE.—In this section, the term ‘‘State’’
means—
(1) a State; and
(2) the Commonwealth of Puerto Rico.
(b) IN GENERAL.—If a State seeks reimbursement for amounts
expended for resources and services provided to another State for
the management and suppression of a wildfire, the Secretary, subject to subsections (c) and (d)—
(1) may accept the reimbursement amounts from the other
State; and
(2) shall pay those amounts to the State seeking reimbursement.
(c) MUTUAL ASSISTANCE AGREEMENT.—As a condition of seeking
and providing reimbursement under subsection (b), the State
seeking reimbursement and the State providing reimbursement
must each have a mutual assistance agreement with the Forest
Service or another Federal agency for providing and receiving wildfire management and suppression resources and services.
(d) TERMS AND CONDITIONS.—The Secretary may prescribe the
terms and conditions determined to be necessary to carry out subsection (b).
(e) EFFECT ON PRIOR REIMBURSEMENTS.—Any acceptance of
funds or reimbursements made by the Secretary before the date
of enactment of this Act that otherwise would have been authorized
under this section shall be considered to have been made in accordance with this section.
(f) AMENDMENT.—Section 5(b) of the Act of May 27, 1955 (42
U.S.C. 1856d(b)) is amended in the first sentence by inserting
‘‘or Department of Agriculture’’ after ‘‘Department of Defense’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 925

SEC. 8305. FOREST SERVICE LARGE AIRTANKER AND AERIAL ASSET
FIREFIGHTING RECAPITALIZATION PILOT PROGRAM.

(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary, acting through the Chief of the Forest Service, may
establish a large airtanker and aerial asset lease program in accordance with this section.
(b) AIRCRAFT REQUIREMENTS.—In carrying out the program
described in subsection (a), the Secretary may enter into a multiyear
lease contract for up to 5 aircraft that meet the criteria—
(1) described in the Forest Service document entitled ‘‘Large
Airtanker Modernization Strategy’’ and dated February 10,
2012, for large airtankers; and
(2) determined by the Secretary, for other aerial assets.
(c) LEASE TERMS.—The term of any individual lease agreement
into which the Secretary enters under this section shall be—
(1) up to 5 years, inclusive of any options to renew or
extend the initial lease term; and
(2) in accordance with section 3903 of title 41, United
States Code.
(d) PROHIBITION.—No lease entered into under this section shall
provide for the purchase of the aircraft by, or the transfer of
ownership to, the Forest Service.
SEC. 8306. LAND CONVEYANCE, JEFFERSON NATIONAL FOREST IN
WISE COUNTY, VIRGINIA.

(a) DEFINITIONS.—In this section:
(1) ASSOCIATION.—The term ‘‘Association’’ means the
Mullins and Sturgill Cemetery Association of Pound, Virginia.
(2) MAP.—The term ‘‘map’’ means the map titled ‘‘Mullins
and Sturgill Cemetery’’ dated March 1, 2013.
(b) CONVEYANCE REQUIRED.—Upon payment by the Association
of the consideration under subsection (c) and the costs under subsection (e), the Secretary shall, subject to valid existing rights,
convey to the Association all right, title, and interest of the United
States in and to a parcel of National Forest System land in the
Jefferson National Forest in Wise County, Virginia, consisting of
approximately 0.70 acres and containing the Mullins and Sturgill
Cemetery and an easement to provide access to the parcel, as
generally depicted on the map.
(c) CONSIDERATION.—
(1) FAIR MARKET VALUE.—As consideration for the land
conveyed under subsection (b), the Association shall pay to
the Secretary cash in an amount equal to the market value
of the land, as determined by an appraisal approved by the
Secretary and conducted in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions and section
206 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716).
(2) DEPOSIT.—The consideration received by the Secretary
under paragraph (1) shall be deposited into the general fund
of the Treasury of the United States for the purposes of deficit
reduction.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the land to be conveyed under subsection (b) shall
be determined by a survey satisfactory to the Secretary.

16 USC 551c
note.

128 STAT. 926

PUBLIC LAW 113–79—FEB. 7, 2014

(e) COSTS.—The Association shall pay to the Secretary at closing
the reasonable costs of the survey, the appraisal, and any administrative and environmental analyses required by law.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.

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 by—
(1) redesignating paragraphs (9), (10), (11), (12), (13), and
(14) as paragraphs (10), (11), (12), (13), (15), and (17);
(2) inserting after paragraph (8), the following new paragraph:
‘‘(9) FOREST PRODUCT.—
‘‘(A) IN GENERAL.—The term ‘forest product’ means
a product made from materials derived from the practice
of forestry or the management of growing timber.
‘‘(B) INCLUSIONS.—The term ‘forest product’ includes—
‘‘(i) pulp, paper, paperboard, pellets, lumber, and
other wood products; and
‘‘(ii) any recycled products derived from forest
materials.’’;
(3) by inserting after paragraph (13) (as redesignated by
paragraph (1) of this section) the following:
‘‘(14) RENEWABLE CHEMICAL.—The term ‘renewable chemical’ means a monomer, polymer, plastic, formulated product,
or chemical substance produced from renewable biomass.’’; and
(4) inserting after paragraph (15) (as so redesignated), the
following new paragraph:
‘‘(16) RENEWABLE ENERGY SYSTEM.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
term ‘renewable energy system’ means a system that—
‘‘(i) produces usable energy from a renewable
energy source; and
‘‘(ii) may include distribution components necessary to move energy produced by such system to
the initial point of sale.
‘‘(B) LIMITATION.—A system described in subparagraph
(A) may not include a mechanism for dispensing energy
at retail.’’.
SEC. 9002. BIOBASED MARKETS PROGRAM.

(a) IN GENERAL.—Section 9002 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8102) is amended—
(1) in subsection (a)—
(A) in paragraph (2)(A)(i)—
(i) in subclause (I), by striking ‘‘and’’ at the end;
(ii) in subclause (II)(bb), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 927

‘‘(III) establish a targeted biobased-only
procurement requirement under which the procuring agency shall issue a certain number of
biobased-only contracts when the procuring agency
is purchasing products, or purchasing services that
include the use of products, that are included in
a biobased product category designated by the Secretary.’’; and
(B) in paragraph (3)—
(i) in subparagraph (B)—
(I) in clause (v), by inserting ‘‘as determined
to be necessary by the Secretary based on the
availability of data,’’ before ‘‘provide information’’;
(II) by redesignating clauses (v) and (vi) as
clauses (vii) and (viii), respectively; and
(III) by inserting after clause (iv) the following:
‘‘(v) require reporting of quantities and types of
biobased products purchased by procuring agencies;
‘‘(vi) promote biobased products, including forest
products, that apply an innovative approach to
growing, harvesting, sourcing, procuring, processing,
manufacturing, or application of biobased products
regardless of the date of entry into the marketplace;’’;
and
(ii) by adding at the end the following:
‘‘(F) REQUIRED DESIGNATIONS.—Not later than 1 year
after the date of enactment of this subparagraph, the Secretary shall begin to designate intermediate ingredients
or feedstocks and assembled and finished biobased products
in the guidelines issued under this paragraph.’’;
(2) in subsection (b)—
(A) in paragraph (3)—
(i) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(ii) by adding at the end the following:
‘‘(B) AUDITING AND COMPLIANCE.—The Secretary may
carry out such auditing and compliance activities as the
Secretary determines to be necessary to ensure compliance
with subparagraph (A).’’; and
(B) by adding at the end the following:
‘‘(4) ASSEMBLED AND FINISHED PRODUCTS.—Not later than
1 year after the date of enactment of this paragraph, the
Secretary shall begin issuing criteria for determining which
assembled and finished products may qualify to receive the
label under paragraph (1).’’;
(3) in subsection (g)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A) by
striking ‘‘The report’’ and inserting ‘‘Each report under
paragraph (1)’’;
(ii) in subparagraph (A), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (B)(ii), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following new
subparagraph:

128 STAT. 928

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(C) the progress made by other Federal agencies in
compliance with the biobased procurement requirements,
including the quantity of purchases made.’’; and
(B) by adding at the end the following:
‘‘(3) ECONOMIC IMPACT STUDY AND REPORT.—
‘‘(A) IN GENERAL.—The Secretary shall conduct a study
to assess the economic impact of the biobased products
industry, including—
‘‘(i) the quantity of biobased products sold;
‘‘(ii) the value of the biobased products;
‘‘(iii) the quantity of jobs created;
‘‘(iv) the quantity of petroleum displaced;
‘‘(v) other environmental benefits; and
‘‘(vi) areas in which the use or manufacturing of
biobased products could be more effectively used,
including identifying any technical and economic
obstacles and recommending how those obstacles can
be overcome.
‘‘(B) REPORT.—Not later than 1 year after the date
of enactment of this subparagraph, the Secretary shall
submit to Congress a report describing the results of the
study conducted under subparagraph (A).’’;
(4) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(5) by inserting after subsection (f) the following new subsection:
‘‘(g) FOREST PRODUCTS LABORATORY COORDINATION.—In determining whether products are eligible for the ‘USDA Certified
Biobased Product’ label, the Secretary (acting through the Forest
Products Laboratory) shall provide appropriate technical and other
assistance to the program and applicants for forest products.’’; and
(6) in subsection (i) (as redesignated by paragraph (4)),
by striking paragraphs (1) and (2) and inserting the following
new paragraphs:
‘‘(1) MANDATORY FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $3,000,000 for each of fiscal years 2014 through 2018.
‘‘(2) DISCRETIONARY FUNDING.—There is authorized to be
appropriated to carry out this section $2,000,000 for each of
fiscal years 2014 through 2018.’’; and
(7) by adding at the end the following new subsection:
‘‘(j) BIOBASED PRODUCT INCLUSION.—In this section, the term
‘biobased product’ (as defined in section 9001) includes, with respect
to forestry materials, forest products that meet biobased content
requirements, notwithstanding the market share the product holds,
the age of the product, or whether the market for the product
is new or emerging.’’.
(b) CONFORMING AMENDMENT.—Section 944(c)(2)(A) of the
Energy Policy Act of 2005 (42 U.S.C. 16253(c)(2)(A)) is amended
by striking ‘‘section 9002(h)(1)’’ and inserting ‘‘section 9002(b)’’.
SEC. 9003. BIOREFINERY ASSISTANCE.

(a) PROGRAM ADJUSTMENTS.—Section 9003 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended—
(1) in the section heading, by inserting ‘‘, RENEWABLE
CHEMICAL, AND BIOBASED PRODUCT MANUFACTURING’’ after
‘‘BIOREFINERY’’;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 929

(2) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘renewable chemicals, and biobased product
manufacturing’’ after ‘‘advanced biofuels,’’;
(3) in subsection (b)—
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so redesignated) the following:
‘‘(1) BIOBASED PRODUCT MANUFACTURING.—The term
‘biobased product manufacturing’ means development, construction, and retrofitting of technologically new commercial-scale
processing and manufacturing equipment and required facilities
that will be used to convert renewable chemicals and other
biobased outputs of biorefineries into end-user products on a
commercial scale.’’;
(4) in subsection (c), by striking ‘‘to eligible entities’’ and
all that follows through ‘‘guarantees for loans’’ and inserting
‘‘to eligible entities guarantees for loans’’;
(5) by striking subsection (d);
(6) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively; and
(7) in subsection (d) (as so redesignated)—
(A) in paragraph (1), by adding at the end the following
new subparagraph:
‘‘(D) PROJECT DIVERSITY.—In approving loan guarantee
applications, the Secretary shall ensure that, to the extent
practicable, there is diversity in the types of projects
approved for loan guarantees to ensure that as wide a
range as possible of technologies, products, and approaches
are assisted.’’.
(B) by striking ‘‘subsection (c)(2)’’ each place it appears
and inserting ‘‘subsection (c)’’; and
(C) in paragraph (2)(C), by striking ‘‘subsection (h)’’
and inserting ‘‘subsection (g)’’.
(b) FUNDING.—Subsection (g) of section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) (as redesignated by paragraph (6)) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) MANDATORY FUNDING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), of the
funds of the Commodity Credit Corporation, the Secretary
shall use for the cost of loan guarantees under this section,
to remain available until expended—
‘‘(i) $100,000,000 for fiscal year 2014; and
‘‘(ii) $50,000,000 for each of fiscal years 2015 and
2016.
‘‘(B) BIOBASED PRODUCT MANUFACTURING.—Of the total
amount of funds made available for fiscal years 2014 and
2015 under subparagraph (A), the Secretary may use for
the cost of loan guarantees under this section not more
than 15 percent of such funds to promote biobased product
manufacturing.’’; and
(2) in paragraph (2), by striking ‘‘$150,000,000 for each
of fiscal years 2009 through 2013’’ and inserting ‘‘$75,000,000
for each of fiscal years 2014 through 2018’’.

128 STAT. 930

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 9004. REPOWERING ASSISTANCE PROGRAM.

Section 9004(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8104(d)) is amended—
(1) in paragraph (1), by striking ‘‘$35,000,000 for fiscal
year 2009’’ and inserting ‘‘$12,000,000 for fiscal year 2014’’;
and
(2) in paragraph (2), by striking ‘‘$15,000,000 for each
of fiscal years 2009 through 2013’’ and inserting ‘‘$10,000,000
for each of fiscal years 2014 through 2018’’.

SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.

Section 9005(g) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8105(g)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(E) $15,000,000 for each of fiscal years 2014 through
2018.’’; and
(2) in paragraph (2), by striking ‘‘$25,000,000 for each
of fiscal years 2009 through 2013’’ and inserting ‘‘$20,000,000
for each of fiscal years 2014 through 2018’’.
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—
(1) in paragraph (1)—
(A) in the heading, by striking ‘‘FISCAL YEARS 2009
THROUGH 2012’’ and inserting ‘‘MANDATORY FUNDING’’ ; and
(B) by striking ‘‘2012’’ and inserting ‘‘2018’’; and
(2) in paragraph (2)—
(A) in the heading, by striking ‘‘AUTHORIZATION OF
APPROPRIATIONS’’ and inserting ‘‘DISCRETIONARY FUNDING’’
; and
(B) by striking ‘‘fiscal year 2013’’ and inserting ‘‘each
of fiscal years 2014 through 2018’’.

SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.

(a) PROGRAM ADJUSTMENTS.—Section 9007 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (D) as subparagraph (E); and
(C) by inserting after subparagraph (C) the following:
‘‘(D) a council (as defined in section 1528 of the Agriculture and Food Act of 1981 (16 U.S.C. 3451)); and’’;
and
(2) in subsection (c)—
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3);
and
(C) by adding at the end the following:
‘‘(4) TIERED APPLICATION PROCESS.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 931

‘‘(A) IN GENERAL.—In providing loan guarantees and
grants under this subsection, the Secretary shall use a
3-tiered application process that reflects the size of proposed projects in accordance with this paragraph.
‘‘(B) TIER 1.—The Secretary shall establish a separate
application process for projects for which the cost of the
activity funded under this subsection is not more than
$80,000.
‘‘(C) TIER 2.—The Secretary shall establish a separate
application process for projects for which the cost of the
activity funded under this subsection is greater than
$80,000 but less than $200,000.
‘‘(D) TIER 3.—The Secretary shall establish a separate
application process for projects for which the cost of the
activity funded under this subsection is equal to or greater
than $200,000.
‘‘(E) APPLICATION PROCESS.—The Secretary shall establish an application, evaluation, and oversight process that
is the most simplified for tier I projects and more comprehensive for each subsequent tier.’’.
(b) FUNDING.—Section 9007(g) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107(g)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(E) $50,000,000 for fiscal year 2014 and each fiscal
year thereafter.’’; and
(2) in paragraph (3), by striking ‘‘$25,000,000 for each
of fiscal years 2009 through 2013’’ and inserting ‘‘$20,000,000
for each of fiscal years 2014 through 2018’’.
SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT.

Section 9008(h) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8108(h)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(E) $3,000,000 for each of fiscal years 2014 through
2017.’’; and
(2) in paragraph (2), by striking ‘‘$35,000,000 for each
of fiscal years 2009 through 2013’’ and inserting ‘‘$20,000,000
for each of fiscal years 2014 through 2018’’.

SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.

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 ‘‘2013’’ and inserting
‘‘2018’’; and

128 STAT. 932

PUBLIC LAW 113–79—FEB. 7, 2014
(2) in paragraph (2)(A), by striking ‘‘2013’’ and inserting
‘‘2018’’.

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 to read as follows:
‘‘SEC. 9011. BIOMASS CROP ASSISTANCE PROGRAM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BCAP.—The term ‘BCAP’ means the Biomass Crop
Assistance Program established under this section.
‘‘(2) BCAP PROJECT AREA.—The term ‘BCAP project area’
means an area that—
‘‘(A) has specified boundaries that are submitted to
the Secretary by the project sponsor and subsequently
approved by the Secretary;
‘‘(B) includes producers with contract acreage that will
supply a portion of the renewable biomass needed by a
biomass conversion facility; and
‘‘(C) is physically located within an economically practicable distance from the biomass conversion facility.
‘‘(3) CONTRACT ACREAGE.—The term ‘contract acreage’
means eligible land that is covered by a BCAP contract entered
into with the Secretary.
‘‘(4) ELIGIBLE CROP.—
‘‘(A) IN GENERAL.—The term ‘eligible crop’ means a
crop of renewable biomass.
‘‘(B) EXCLUSIONS.—The term ‘eligible crop’ does not
include—
‘‘(i) any crop that is eligible to receive payments
under title I of the Agricultural Act of 2014 or an
amendment made by that title; or
‘‘(ii) any plant that is invasive or noxious or species
or varieties of plants that credible risk assessment
tools or other credible sources determine are potentially
invasive, as determined by the Secretary in consultation with other appropriate Federal or State departments and agencies.
‘‘(5) ELIGIBLE LAND.—
‘‘(A) IN GENERAL.—The term ‘eligible land’ includes—
‘‘(i) agricultural and nonindustrial private forest
lands (as defined in section 5(c) of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2103a(c));
and
‘‘(ii) land enrolled in the conservation reserve program established under subchapter B of chapter I of
subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3831 et seq.), or the Agricultural Conservation Easement Program established under subtitle H of title XII of that Act, under a contract that
will expire at the end of the current fiscal year.
‘‘(B) EXCLUSIONS.—The term ‘eligible land’ does not
include—
‘‘(i) Federal- or State-owned land;
‘‘(ii) land that is native sod, as of the date of
enactment of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8701 et seq.);

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 933

‘‘(iii) land enrolled 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.), other than land
described in subparagraph (A)(ii); or
‘‘(iv) land enrolled in the Agricultural Conservation
Easement Program established under subtitle H of
title XII of that Act, other than land described in
subparagraph (A)(ii).
‘‘(6) ELIGIBLE MATERIAL.—
‘‘(A) IN GENERAL.—The term ‘eligible material’ means
renewable biomass harvested directly from the land,
including crop residue from any crop that is eligible to
receive payments under title I of the Agricultural Act of
2014 or an amendment made by that title.
‘‘(B) INCLUSIONS.—The term ‘eligible material’ shall
only include—
‘‘(i) eligible material that is collected or harvested
by the eligible material owner—
‘‘(I) directly from—
‘‘(aa) National Forest System;
‘‘(bb) Bureau of Land Management land;
‘‘(cc) non-Federal land; or
‘‘(dd) land owned by an individual Indian
or Indian tribe that is held in trust by the
United States for the benefit of the individual
Indian or Indian tribe or subject to a restriction against alienation imposed by the United
States;
‘‘(II) in a manner that is consistent with—
‘‘(aa) a conservation plan;
‘‘(bb) a forest stewardship plan; or
‘‘(cc) a plan that the Secretary determines
is equivalent to a plan described in item (aa)
or (bb) and consistent with Executive Order
13112 (42 U.S.C. 4321 note; relating to
invasive species);
‘‘(ii) if woody eligible material, woody eligible material that is produced on land other than contract acreage that—
‘‘(I) is a byproduct of a preventative treatment
that is removed to reduce hazardous fuel or to
reduce or contain disease or insect infestation; and
‘‘(II) if harvested from Federal land, is harvested in accordance with section 102(e) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6512(e)); and
‘‘(iii) eligible material that is delivered to a qualified biomass conversion facility to be used for heat,
power, biobased products, research, or advanced
biofuels.
‘‘(C) EXCLUSIONS.—The term ‘eligible material’ does not
include—
‘‘(i) material that is whole grain from any crop
that is eligible to receive payments under title I of
the Agricultural Act of 2014 or an amendment made
by that title, including—

128 STAT. 934

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(I) barley, corn, grain sorghum, oats, rice,
or wheat;
‘‘(II) honey;
‘‘(III) mohair;
‘‘(IV) oilseeds, including canola, crambe,
flaxseed, mustard seed, rapeseed, safflower seed,
soybeans, sesame seed, and sunflower seed;
‘‘(V) peanuts;
‘‘(VI) pulse;
‘‘(VII) chickpeas, lentils, and dry peas;
‘‘(VIII) dairy products;
‘‘(IX) sugar; and
‘‘(X) wool and cotton boll fiber;
‘‘(ii) animal waste and byproducts, including fat,
oil, grease, and manure;
‘‘(iii) food waste and yard waste;
‘‘(iv) algae;
‘‘(v) woody eligible material that—
‘‘(I) is removed outside contract acreage; and
‘‘(II) is not a byproduct of a preventative treatment to reduce hazardous fuel or to reduce or
contain disease or insect infestation;
‘‘(vi) any woody eligible material collected or harvested outside contract acreage that would otherwise
be used for existing market products; or
‘‘(vii) bagasse.
‘‘(7) PRODUCER.—The term ‘producer’ means an owner or
operator of contract acreage that is physically located within
a BCAP project area.
‘‘(8) PROJECT SPONSOR.—The term ‘project sponsor’ means—
‘‘(A) a group of producers; or
‘‘(B) a biomass conversion facility.
‘‘(9) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The
term ‘socially disadvantaged farmer or rancher’ has the
meaning given the term in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).
‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall establish and administer a Biomass Crop Assistance Program to—
‘‘(1) support the establishment and production of eligible
crops for conversion to bioenergy in selected BCAP project
areas; and
‘‘(2) assist agricultural and forest land owners and operators with the collection, harvest, storage, and transportation
of eligible material for use in a biomass conversion facility.
‘‘(c) BCAP PROJECT AREA.—
‘‘(1) IN GENERAL.—The Secretary shall provide financial
assistance to a producer of an eligible crop in a BCAP project
area.
‘‘(2) SELECTION OF PROJECT AREAS.—
‘‘(A) IN GENERAL.—To be considered for selection as
a BCAP project area, a project sponsor shall submit to
the Secretary a proposal that, at a minimum, includes—
‘‘(i) a description of the eligible land and eligible
crops of each producer that will participate in the
proposed BCAP project area;
‘‘(ii) a letter of commitment from a biomass conversion facility that the facility will use the eligible crops

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 935

intended to be produced in the proposed BCAP project
area;
‘‘(iii) evidence that the biomass conversion facility
has sufficient equity available, as determined by the
Secretary, if the biomass conversion facility is not operational at the time the proposal is submitted to the
Secretary; and
‘‘(iv) any other information about the biomass
conversion facility or proposed biomass conversion
facility that the Secretary determines necessary for
the Secretary to be reasonably assured that the plant
will be in operation by the date on which the eligible
crops are ready for harvest.
‘‘(B) BCAP PROJECT AREA SELECTION CRITERIA.—In
selecting BCAP project areas, the Secretary shall consider—
‘‘(i) the volume of the eligible crops proposed to
be produced in the proposed BCAP project area and
the probability that those crops will be used for the
purposes of the BCAP;
‘‘(ii) the volume of renewable biomass projected
to be available from sources other than the eligible
crops grown on contract acres;
‘‘(iii) the anticipated economic impact in the proposed BCAP project area;
‘‘(iv) the opportunity for producers and local investors to participate in the ownership of the biomass
conversion facility in the proposed BCAP project area;
‘‘(v) the participation rate by—
‘‘(I) beginning farmers or ranchers (as defined
in accordance with section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a))); or
‘‘(II) socially disadvantaged farmers or
ranchers;
‘‘(vi) the impact on soil, water, and related
resources;
‘‘(vii) the variety in biomass production approaches
within a project area, including (as appropriate)—
‘‘(I) agronomic conditions;
‘‘(II) harvest and postharvest practices; and
‘‘(III) monoculture and polyculture crop mixes;
‘‘(viii) the range of eligible crops among project
areas;
‘‘(ix) existing project areas that have received
funding under this section and the continuation of
funding of such project areas to advance the maturity
of such project areas; and
‘‘(x) any additional information that the Secretary
determines to be necessary.
‘‘(3) CONTRACT.—
‘‘(A) IN GENERAL.—On approval of a BCAP project area
by the Secretary, each producer in the BCAP project area
shall enter into a contract directly with the Secretary.
‘‘(B) MINIMUM TERMS.—At a minimum, a contract
under this subsection shall include terms that cover—

128 STAT. 936

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(i) an agreement to make available to the Secretary, or to an institution of higher education or other
entity designated by the Secretary, such information
as the Secretary considers to be appropriate to promote
the production of eligible crops and the development
of biomass conversion technology;
‘‘(ii) compliance with the highly erodible land conservation requirements of subtitle B of title XII of
the Food Security Act of 1985 (16 U.S.C. 3811 et seq.)
and the wetland conservation requirements of subtitle
C of title XII of that Act (16 U.S.C. 3821 et seq.);
‘‘(iii) the implementation of (as determined by the
Secretary)—
‘‘(I) a conservation plan;
‘‘(II) a forest stewardship plan; or
‘‘(III) a plan that is equivalent to a conservation or forest stewardship plan; and
‘‘(iv) any additional requirements that Secretary
determines to be necessary.
‘‘(C) DURATION.—A contract under this subsection shall
have a term of not more than—
‘‘(i) 5 years for annual and perennial crops; or
‘‘(ii) 15 years for woody biomass.
‘‘(4) RELATIONSHIP TO OTHER PROGRAMS.—In carrying out
this subsection, the Secretary shall provide for the preservation
of cropland base and yield history applicable to the land
enrolled in a BCAP contract.
‘‘(5) PAYMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall make establishment and annual payments directly to producers to support
the establishment and production of eligible crops on contract acreage.
‘‘(B) AMOUNT OF ESTABLISHMENT PAYMENTS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the amount
of an establishment payment under this subsection
shall be not more than 50 percent of the costs of
establishing an eligible perennial crop covered by the
contract but not to exceed $500 per acre, including—
‘‘(I) the cost of seeds and stock for perennials;
‘‘(II) the cost of planting the perennial crop,
as determined by the Secretary; and
‘‘(III) in the case of nonindustrial private
forestland, the costs of site preparation and tree
planting.
‘‘(ii) SOCIALLY DISADVANTAGED
FARMERS
OR
RANCHERS.—In the case of socially disadvantaged
farmers or ranchers, the costs of establishment may
not exceed $750 per acre.
‘‘(C) AMOUNT OF ANNUAL PAYMENTS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the amount
of an annual payment under this subsection shall be
determined by the Secretary.
‘‘(ii) REDUCTION.—The Secretary shall reduce an
annual payment by an amount determined to be appropriate by the Secretary, if—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 937

‘‘(I) an eligible crop is used for purposes other
than the production of energy at the biomass
conversion facility;
‘‘(II) an eligible crop is delivered to the biomass
conversion facility;
‘‘(III) the producer receives a payment under
subsection (d);
‘‘(IV) the producer violates a term of the contract; or
‘‘(V) the Secretary determines a reduction is
necessary to carry out this section.
‘‘(D) EXCLUSION.—The Secretary shall not make any
BCAP payments on land for which payments are received
under 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 the agricultural conservation easement program established under subtitle H of title XII of that Act.
‘‘(d) ASSISTANCE WITH COLLECTION, HARVEST, STORAGE, AND
TRANSPORTATION.—
‘‘(1) IN GENERAL.—The Secretary shall make a payment
for the delivery of eligible material to a biomass conversion
facility to—
‘‘(A) a producer of an eligible crop that is produced
on BCAP contract acreage; or
‘‘(B) a person with the right to collect or harvest eligible
material, regardless of whether the eligible material is
produced on contract acreage.
‘‘(2) PAYMENTS.—
‘‘(A) COSTS COVERED.—A payment under this subsection shall be in an amount described in subparagraph
(B) for—
‘‘(i) collection;
‘‘(ii)
harvest;
‘‘(iii) storage; and
‘‘(iv) transportation to a biomass conversion
facility.
‘‘(B) AMOUNT.—Subject to paragraph (3), the Secretary
may provide matching payments at a rate of up to $1
for each $1 per ton provided by the biomass conversion
facility, in an amount not to exceed $20 per dry ton for
a period of 2 years.
‘‘(3) LIMITATION ON ASSISTANCE FOR BCAP CONTRACT ACREAGE.—As a condition of the receipt of an annual payment
under subsection (c), a producer receiving a payment under
this subsection for collection, harvest, storage, or transportation
of an eligible crop produced on BCAP acreage shall agree to
a reduction in the annual payment.
‘‘(e) REPORT.—Not later than 4 years after the date of enactment
of the Agricultural Act of 2014, 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 dissemination by the Secretary of the best
practice data and information gathered from participants receiving
assistance under this section.
‘‘(f) FUNDING.—

128 STAT. 938

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(1) IN GENERAL.—Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$25,000,000 for each of fiscal years 2014 through 2018.
‘‘(2) COLLECTION, HARVEST, STORAGE, AND TRANSPORTATION
PAYMENTS.—Of the amount made available under paragraph
(1) for each fiscal year, the Secretary shall use not less than
10 percent, nor more than 50 percent, of the amount to make
collection, harvest, transportation, and storage payments under
subsection (d)(2).
‘‘(3) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—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.
‘‘(B) RELATIONSHIP TO OTHER LAWS.—To the extent
funds obligated or expended under subparagraph (A)
include funds of the Commodity Credit Corporation, such
funds shall not be considered an allotment or fund transfer
from the Commodity Credit Corporation for purposes of
the limit on expenditures for technical assistance imposed
by section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i).’’.

SEC. 9011. REPEAL OF FOREST BIOMASS FOR ENERGY.

Section 9012 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8112) is repealed.
SEC. 9012. COMMUNITY WOOD ENERGY PROGRAM.

(a) DEFINITION OF BIOMASS CONSUMER COOPERATIVE.—Section
9013(a) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8113(a)) is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) BIOMASS CONSUMER COOPERATIVE.—The term ‘biomass
consumer cooperative’ means a consumer membership organization the purpose of which is to provide members with services
or discounts relating to the purchase of biomass heating products or biomass heating systems.’’.
(b) GRANT PROGRAM.—Section 9013(b)(1) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8113(b)(1)) is
amended—
(1) in subparagraph (A), by striking ‘‘and’’ after the semicolon at the end;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) grants of up to $50,000 to biomass consumer
cooperatives for the purpose of establishing or expanding
biomass consumer cooperatives that will provide consumers
with services or discounts relating to—
‘‘(i) the purchase of biomass heating systems;
‘‘(ii) biomass heating products, including wood
chips, wood pellets, and advanced biofuels; or
‘‘(iii) the delivery and storage of biomass of heating
products.’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 939

(c) MATCHING FUNDS.—Section 9013(d) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8113(d)) is amended—
(1) by striking ‘‘A State or local government that receives
a grant under subsection (b)’’ and inserting the following:
‘‘(1) STATE AND LOCAL GOVERNMENTS.—A State or local
government that receives a grant under subparagraph (A) or
(B) of subsection (b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) BIOMASS CONSUMER COOPERATIVES.—A biomass consumer cooperative that receives a grant under subsection
(b)(1)(C) shall contribute an amount of non-Federal funds
(which may include State, local, and nonprofit funds and membership dues) toward the establishment or expansion of a biomass consumer cooperative that is at least equal to 50 percent
of the amount of Federal funds received for that purpose.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 9013(e) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e))
is amended by striking ‘‘2013’’ and inserting ‘‘2018’’.
SEC. 9013. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY.

Section 9002 of the Food, Conservation, and Energy Act of
2008 (Public Law 110–246; 122 Stat. 2095) is repealed.

SEC. 9014. REPEAL OF RENEWABLE FERTILIZER STUDY.

Section 9003 of the Food, Conservation, and Energy Act of
2008 (Public Law 110–246; 122 Stat. 2096) is repealed.

SEC. 9015. ENERGY EFFICIENCY REPORT FOR USDA FACILITIES.

(a) REPORT.—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 on energy use and energy efficiency projects at
the Washington, District of Columbia, headquarters and the major
regional facilities of the Department of Agriculture.
(b) CONTENTS.—The report required by subsection (a) shall
include the following:
(1) An analysis of energy use by the Department of Agriculture headquarters and major regional facilities.
(2) A list of energy audits that have been conducted at
such facilities.
(3) A list of energy efficiency projects that have been conducted at such facilities.
(4) A list of energy savings projects that could be achieved
with enacting a consistent, timely, and proper mechanical
insulation maintenance program and upgrading mechanical
insulation at such facilities.

TITLE X—HORTICULTURE
SEC. 10001. SPECIALTY CROPS MARKET NEWS ALLOCATION.

Section 10107(b) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 1622b(b)) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.

128 STAT. 940
7 USC 1622c
note.

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 10002. REPEAL OF GRANT PROGRAM TO IMPROVE MOVEMENT
OF SPECIALTY CROPS.

Effective October 1, 2013, section 10403 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) is repealed.

SEC. 10003. FARMERS’ MARKET AND LOCAL FOOD PROMOTION PROGRAM.

Section 6 of the Farmer-to-Consumer Direct Marketing Act
of 1976 (7 U.S.C. 3005) is amended—
(1) in the section heading, by inserting ‘‘AND LOCAL FOOD’’
after ‘‘FARMERS’ MARKET’’;
(2) in subsection (a)—
(A) by inserting ‘‘and Local Food’’ after ‘‘Farmers’
Market’’;
(B) by striking ‘‘farmers’ markets and to promote’’;
and
(C) by striking the period and inserting ‘‘and assist
in the development of local food business enterprises.’’;
(3) by striking subsection (b) and inserting the following:
‘‘(b) PROGRAM PURPOSES.—The purposes of the Program are
to increase domestic consumption of and access to locally and regionally produced agricultural products, and to develop new market
opportunities for farm and ranch operations serving local markets,
by developing, improving, expanding, and providing outreach,
training, and technical assistance to, or assisting in the development, improvement and expansion of—
‘‘(1) domestic farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and
other direct producer-to-consumer market opportunities; and
‘‘(2) local and regional food business enterprises (including
those that are not direct producer-to-consumer markets) that
process, distribute, aggregate, or store locally or regionally produced food products.’’;
(4) in subsection (c)(1)—
(A) by inserting ‘‘or other agricultural business entity’’
after ‘‘cooperative’’; and
(B) by inserting ‘‘, including a community supported
agriculture network or association’’ after ‘‘association’’;
(5) by redesignating subsection (e) as subsection (g);
(6) by inserting after subsection (d) the following:
‘‘(e) PRIORITIES.—In providing grants under the Program, priority shall be given to applications that include projects that benefit
underserved communities, including communities that—
‘‘(1) are located in areas of concentrated poverty with limited access to fresh locally or regionally grown foods; and
‘‘(2) have not received benefits from the Program in the
recent past.
‘‘(f) FUNDS REQUIREMENTS FOR ELIGIBLE ENTITIES.—
‘‘(1) MATCHING FUNDS.—An entity receiving a grant under
this section for a project to carry out a purpose described
in subsection (b)(2) shall provide matching funds in the form
of cash or an in-kind contribution in an amount equal to 25
percent of the total cost of the project.
‘‘(2) LIMITATION ON USE OF FUNDS.—An eligible entity may
not use a grant or other assistance provided under this section
for the purchase, construction, or rehabilitation of a building
or structure.’’; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 941

(7) in subsection (g) (as redesignated by paragraph (5))—
(A) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘FISCAL
YEARS 2008 THROUGH 2012’’ and inserting ‘‘MANDATORY
FUNDING’’;
(ii) in subparagraph (B), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(D) $30,000,000 for each of fiscal years 2014 through
2018.’’;
(B) by striking paragraphs (3) and (5);
(C) by redesignating paragraph (4) as paragraph (6);
and
(D) by inserting after paragraph (2) the following:
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $10,000,000
for each of fiscal years 2014 through 2018.
‘‘(4) USE OF FUNDS.—Of the funds made available to carry
out this section for a fiscal year—
‘‘(A) 50 percent of the funds shall be used for the
purposes described in subsection (b)(1); and
‘‘(B) 50 percent of the funds shall be used for the
purposes described in subsection (b)(2).
‘‘(5) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more
than 4 percent of the total amount made available to carry
out this section for a fiscal year may be used for administrative
expenses.’’.
SEC. 10004. ORGANIC AGRICULTURE.

(a) ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.—
Section 7407 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5925c) is amended—
(1) in subsection (c)—
(A) in the matter preceding paragraph (1), by inserting
‘‘and annually thereafter’’ after ‘‘this subsection’’;
(B) in paragraph (1), by striking ‘‘and’’ at the end;
(C) by redesignating paragraph (2) as paragraph (3);
and
(D) by inserting after paragraph (1) the following:
‘‘(2) describes how data collection agencies (such as the
Agricultural Marketing Service and the National Agricultural
Statistics Service) are coordinating with data user agencies
(such as the Risk Management Agency) to ensure that data
collected under this section can be used by data user agencies,
including by the Risk Management Agency to offer price elections for all organic crops; and’’; and
(2) in subsection (d)—
(A) by striking paragraph (3);
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
‘‘(2) MANDATORY FUNDING.—In addition to any funds made
available under paragraph (1), of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $5,000,000, to remain available until expended.’’; and

128 STAT. 942

PUBLIC LAW 113–79—FEB. 7, 2014

(D) in paragraph (3) (as redesignated by subparagraph
(B))—
(i) in the paragraph heading, by striking ‘‘FOR
FISCAL YEARS 2008 THROUGH 2012’’;
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’; and
(iii) by striking ‘‘2012’’ and inserting ‘‘2018’’.
(b) MODERNIZATION AND TECHNOLOGY UPGRADE FOR NATIONAL
ORGANIC PROGRAM.—Section 2123 of the Organic Foods Production
Act of 1990 (7 U.S.C. 6522) is amended—
(1) in subsection (b)—
(A) in paragraph (5), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (6) as paragraph (7);
and
(C) by inserting after paragraph (5) the following:
‘‘(6) $15,000,000 for each of fiscal years 2014 through 2018;
and’’; and
(2) by adding at the end the following:
‘‘(c) MODERNIZATION AND TECHNOLOGY UPGRADE FOR NATIONAL
ORGANIC PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall modernize database
and technology systems of the national organic program.
‘‘(2) FUNDING.—Of the funds of the Commodity Credit Corporation and in addition to any other funds made available
for that purpose, the Secretary shall make available to carry
out this subsection $5,000,000 for fiscal year 2014, to remain
available until expended.’’.
(c) NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.—
Section 10606(d) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 6523(d)) is amended by striking paragraph (1)
and inserting the following:
‘‘(1) MANDATORY FUNDING FOR FISCAL YEARS 2014 THROUGH
2018.—Of the funds of the Commodity Credit Corporation, the
Secretary shall make available to carry out this section
$11,500,000 for each of fiscal years 2014 through 2018, to
remain available until expended.’’.
(d) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS FROM PROMOTION ORDER ASSESSMENTS.—Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401) is
amended by striking subsection (e) and inserting the following;
‘‘(e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS FROM PROMOTION ORDER ASSESSMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any provision of a commodity promotion law, a person that produces, handles, markets, or imports organic products may be exempt from the
payment of an assessment under a commodity promotion law
with respect to any agricultural commodity that is certified
as ‘organic’ or ‘100 percent organic’ (as defined in part 205
of title 7, Code of Federal Regulations (or a successor regulation)).
‘‘(2) SPLIT OPERATIONS.—The exemption described in paragraph (1) shall apply to the certified ‘organic’ or ‘100 percent
organic’ (as defined in part 205 of title 7 of the Code of Federal
Regulations (or a successor regulation)) products of a producer,
handler, or marketer regardless of whether the agricultural
commodity subject to the exemption is produced, handled, or
marketed by a person that also produces, handles, or markets

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 943

conventional or nonorganic agricultural products, including
conventional or nonorganic agricultural products of the same
agricultural commodity as that for which the exemption is
claimed.
‘‘(3) APPROVAL.—The Secretary shall approve the exemption
of a person under this subsection if the person maintains a
valid organic certificate issued under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
‘‘(4) TERMINATION OF EFFECTIVENESS.—This subsection
shall be effective until the date on which the Secretary issues
an organic commodity promotion order in accordance with subsection (f).
‘‘(5) REGULATIONS.—The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption
under paragraph (1).’’.
(e) ORGANIC COMMODITY PROMOTION ORDER.—Section 501 of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7401) is amended by adding at the end the following:
‘‘(f) ORGANIC COMMODITY PROMOTION ORDER.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CERTIFIED ORGANIC FARM.—The term ‘certified
organic farm’ has the meaning given the term in section
2103 of the Organic Foods Production Act of 1990 (7 U.S.C.
6502).
‘‘(B) COVERED PERSON.—The term ‘covered person’
means a producer, handler, marketer, or importer of an
organic agricultural commodity.
‘‘(C) DUAL-COVERED AGRICULTURAL COMMODITY.—The
term ‘dual-covered agricultural commodity’ means an agricultural commodity that—
‘‘(i) is produced on a certified organic farm; and
‘‘(ii) is covered under both—
‘‘(I) an organic commodity promotion order
issued pursuant to paragraph (2); and
‘‘(II) any other agricultural commodity promotion order issued under section 514.
‘‘(2) AUTHORIZATION.—The Secretary may issue an organic
commodity promotion order under section 514 that includes
any agricultural commodity that—
‘‘(A) is produced or handled (as defined in section 2103
of the Organic Foods Production Act of 1990 (7 U.S.C.
6502)) and that is certified to be sold or labeled as ‘organic’
or ‘100 percent organic’ (as defined in part 205 of title
7, Code of Federal Regulations (or a successor regulation));
or
‘‘(B) is imported with a valid organic certificate (as
defined in that part).
‘‘(3) ELECTION.—If the Secretary issues an organic commodity promotion order described in paragraph (2), a covered
person may elect, for applicable dual-covered agricultural
commodities and in the sole discretion of the covered person,
whether to be assessed under the organic commodity promotion
order or another applicable agricultural commodity promotion
order.
‘‘(4) REGULATIONS.—The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption
under paragraph (1).’’.

128 STAT. 944

PUBLIC LAW 113–79—FEB. 7, 2014

(f) DEFINITION OF AGRICULTURAL COMMODITY.—Section 513(1)
of the Commodity Promotion, Research, and Information Act of
1996 (7 U.S.C. 7412(1)) is amended—
(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
‘‘(E) products, as a class, that are—
‘‘(i) produced on a certified organic farm (as defined
in section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502)); and
‘‘(ii) certified to be sold or labeled as ‘organic’ or
‘100 percent organic’ (as defined in part 205 of title
7, Code of Federal Regulations (or a successor regulation));’’.
SEC. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE ORGANIC
FOODS PRODUCTION ACT OF 1990.

(a) RECORDKEEPING BY CERTIFIED OPERATIONS.—Section 2112
of the Organic Foods Production Act of 1990 (7 U.S.C. 6511) is
amended by striking subsection (d).
(b) RECORDKEEPING BY CERTIFYING AGENTS.—
(1) IN GENERAL.—Section 2116 of the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is amended—
(A) by striking subsection (c);
(B) by redesignating subsections (d) through (j) as subsections (c) through (i), respectively; and
(C) in subsection (d) (as so redesignated), in the matter
preceding paragraph (1), by striking ‘‘subsection (d)’’ and
inserting ‘‘subsection (c)’’.
(2) CONFORMING AMENDMENT.—Section 2107(a)(8) of the
Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)(8))
is amended by striking ‘‘section 2116(h)’’ and inserting ‘‘section
2116(g)’’.
(c) RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.—Section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C.
6519) is amended to read as follows:
‘‘SEC. 2120. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.

‘‘(a) RECORDKEEPING.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
title, each person who sells, labels, or represents any agricultural product as having been produced or handled using organic
methods shall make available to the Secretary or the applicable
governing State official, on request by the Secretary or official,
all records associated with the agricultural product.
‘‘(2) CERTIFIED OPERATIONS.—Each producer that operates
a certified organic farm or certified organic handling operation
under this title shall maintain, for a period of not less than
5 years, all records concerning the production or handling of
any agricultural product sold or labeled as organically produced
under this title, including—
‘‘(A) a detailed history of substances applied to fields
or agricultural products;
‘‘(B) the name and address of each person who applied
such a substance; and
‘‘(C) the date, rate, and method of application of each
such substance.
‘‘(3) CERTIFYING AGENTS.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 945

‘‘(A) MAINTENANCE OF RECORDS.—A certifying agent
shall maintain all records concerning the activities of the
certifying agent under this title for a period of not less
than 10 years.
‘‘(B) ACCESS FOR SECRETARY.—A certifying agent shall
provide to the Secretary and the applicable governing State
official (or a representative) access to all records concerning
the activities of the certifying agent under this title.
‘‘(C) TRANSFERENCE OF RECORDS.—If a private person
that was certified under this title is dissolved or loses
accreditation, all records and copies of records concerning
the activities of the person under this title shall be—
‘‘(i) transferred to the Secretary; and
‘‘(ii) made available to the applicable governing
State official.
‘‘(4) UNLAWFUL ACT.—It shall be unlawful and a violation
of this title for any person covered by this title to fail or
refuse to provide accurate information (including a delay in
the timely delivery of such information) required by the Secretary under this title.
‘‘(5) CONFIDENTIALITY.—Except as provided in section
2107(a)(9), or as otherwise directed by the Secretary or the
Attorney General for enforcement purposes, no officer,
employee, or agent of the United States shall make available
to the public any information, statistic, or document obtained
from, or made available by, any person under this title, other
than in a manner that ensures that confidentiality is preserved
regarding—
‘‘(A) the identity of all relevant persons (including parties to a contract); and
‘‘(B) proprietary business information.
‘‘(b) INVESTIGATIONS.—
‘‘(1) IN GENERAL.—The Secretary may take such investigative actions as the Secretary considers to be necessary—
‘‘(A) to verify the accuracy of any information reported
or made available under this title; and
‘‘(B) to determine whether a person covered by this
title has committed a violation of any provision of this
title, including an order or regulation promulgated by the
Secretary pursuant to this title.
‘‘(2) SPECIFIC INVESTIGATIVE POWERS.—In carrying out this
title, the Secretary may—
‘‘(A) administer oaths and affirmations;
‘‘(B) subpoena witnesses;
‘‘(C) compel attendance of witnesses;
‘‘(D) take evidence; and
‘‘(E) require the production of any records required
to be maintained under this title that are relevant to
an investigation.
‘‘(c) VIOLATIONS OF TITLE.—
‘‘(1) MISUSE OF LABEL.—Any person who knowingly sells
or labels a product as organic, except in accordance with this
title, shall be subject to a civil penalty of not more than $10,000.
‘‘(2) FALSE STATEMENT.—Any person who makes a false
statement under this title to the Secretary, a governing State
official, or a certifying agent shall be punished in accordance
with section 1001 of title 18, United States Code.

128 STAT. 946

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(3) INELIGIBILITY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C), any person that carries out an activity described in
subparagraph (B), after notice and an opportunity to be
heard, shall not be eligible, for the 5-year period beginning
on the date of the occurrence, to receive a certification
under this title with respect to any farm or handling operation in which the person has an interest.
‘‘(B) DESCRIPTION OF ACTIVITIES.—An activity referred
to in subparagraph (A) is—
‘‘(i) making a false statement;
‘‘(ii) attempting to have a label indicating that
an agricultural product is organically produced affixed
to an agricultural product that a person knows, or
should have reason to know, to have been produced
or handled in a manner that is not in accordance
with this title; or
‘‘(iii) otherwise violating the purposes of the
applicable organic certification program, as determined
by the Secretary.
‘‘(C) WAIVER.—Notwithstanding subparagraph (A), the
Secretary may modify or waive a period of ineligibility
under this paragraph if the Secretary determines that the
modification or waiver is in the best interests of the
applicable organic certification program established under
this title.
‘‘(4) REPORTING OF VIOLATIONS.—A certifying agent shall
immediately report any violation of this title to the Secretary
or the applicable governing State official.
‘‘(5) VIOLATIONS BY CERTIFYING AGENT.—A certifying agent
that is a private person that violates the provisions of this
title or falsely or negligently certifies any farming or handling
operation that does not meet the terms and conditions of the
applicable organic certification program as an organic operation,
as determined by the Secretary or the applicable governing
State official shall, after notice and an opportunity to be
heard—
‘‘(A) lose accreditation as a certifying agent under this
title; and
‘‘(B) be ineligible to be accredited as a certifying agent
under this title for a period of not less than 3 years,
beginning on the date of the determination.
‘‘(6) EFFECT ON OTHER LAW.—Nothing in this title alters—
‘‘(A) the authority of the Secretary concerning meat,
poultry and egg products under—
‘‘(i) the Federal Meat Inspection Act (21 U.S.C.
601 et seq.);
‘‘(ii) the Poultry Products Inspection Act (21 U.S.C.
451 et seq.); or
‘‘(iii) the Egg Products Inspection Act (21 U.S.C.
1031 et seq.);
‘‘(B) the authority of the Secretary of Health and
Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
‘‘(C) the authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 947

SEC. 10006. 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 ‘‘2012’’ and
inserting ‘‘2018’’.

SEC. 10007. CONSOLIDATION OF PLANT PEST AND DISEASE MANAGEMENT AND DISASTER PREVENTION PROGRAMS.

(a) RELOCATION OF LEGISLATIVE LANGUAGE RELATING TO
NATIONAL CLEAN PLANT NETWORK.—Section 420 of the Plant
Protection Act (7 U.S.C. 7721) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
‘‘(e) NATIONAL CLEAN PLANT NETWORK.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program
to be known as the ‘National Clean Plant Network’ (referred
to in this subsection as the ‘Program’).
‘‘(2) REQUIREMENTS.—Under the Program, the Secretary
shall establish a network of clean plant centers for diagnostic
and pathogen elimination services—
‘‘(A) to produce clean propagative plant material; and
‘‘(B) to maintain blocks of pathogen-tested plant material in sites located throughout the United States.
‘‘(3) AVAILABILITY OF CLEAN PLANT SOURCE MATERIAL.—
Clean plant source material may be made available to—
‘‘(A) a State for a certified plant program of the State;
and
‘‘(B) private nurseries and producers.
‘‘(4) CONSULTATION AND COLLABORATION.—In carrying out
the Program, the Secretary shall—
‘‘(A) consult with—
‘‘(i) State departments of agriculture; and
‘‘(ii) land-grant colleges and universities and
NLGCA Institutions (as those terms are defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)); and
‘‘(B) to the extent practicable and with input from
the appropriate State officials and industry representatives,
use existing Federal or State facilities to serve as clean
plant centers.
‘‘(5) FUNDING FOR FISCAL YEAR 2013.—There is authorized
to be appropriated to carry out the Program $5,000,000 for
fiscal year 2013.’’.
(b) FUNDING.—Subsection (f) of section 420 of the Plant Protection Act (7 U.S.C. 7721) (as so redesignated) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking ‘‘and each fiscal year
thereafter.’’ and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(5) $62,500,000 for each of fiscal years 2014 through 2017;
and
‘‘(6) $75,000,000 for fiscal year 2018 and each fiscal year
thereafter.’’.
(c) REPEAL OF EXISTING PROVISION.—Section 10202 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 7761) is repealed.

128 STAT. 948

PUBLIC LAW 113–79—FEB. 7, 2014

(d) USE OF FUNDS FOR CLEAN PLANT NETWORK.—Section 420
of the Plant Protection Act (7 U.S.C. 7721) (as amended by subsection (a)), is amended by adding at the end the following:
‘‘(g) USE OF FUNDS FOR CLEAN PLANT NETWORK.—Of the funds
made available under subsection (f) to carry out this section for
a fiscal year, not less than $5,000,000 shall be available to carry
out the National Clean Plant Network under subsection (e).
‘‘(h) LIMITATION ON INDIRECT COSTS FOR THE CONSOLIDATION
OF PLANT PEST AND DISEASE MANAGEMENT AND DISASTER PREVENTION PROGRAMS.—Indirect costs charged against a cooperative
agreement under this section shall not exceed the lesser of—
‘‘(1) 15 percent of the total Federal funds provided under
the cooperative agreement, as determined by the Secretary;
and
‘‘(2) the indirect cost rate applicable to the recipient as
otherwise established by law.’’.
SEC. 10008. IMPORTATION OF SEED.

Section 17(c) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136o(c)) is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(2) IMPORTATION OF SEED.—Notwithstanding any other
provision of law, no person is required to notify the Administrator of the arrival of a plant-incorporated protectant (as
defined in section 174.3 of title 40, Code of Federal Regulations
(or any successor regulation)) that is contained in a seed, if—
‘‘(A) that plant-incorporated protectant is registered
under section 3;
‘‘(B) the Administrator has issued an experimental use
permit for that plant-incorporated protectant under section
5; or
‘‘(C) the seed is covered by a permit (as defined in
part 340 of title 7, Code of Federal Regulations (or any
successor regulation)) or a notification.
‘‘(3) COOPERATION.—
‘‘(A) IN GENERAL.—In response to a request from the
Administrator, the Secretary of Agriculture shall provide
to the Administrator a list of seed containing plant-incorporated protectants (as defined in section 174.3 of title
40, Code of Federal Regulations (or any successor regulation)) if the importation of that seed into the United States
has been approved under a permit or notification referred
to in paragraph (2).
‘‘(B) CONTENTS.—The list under subparagraph (A) shall
be provided in a form and at such intervals as may be
agreed to by the Secretary and the Administrator.
‘‘(4) APPLICABILITY.—Nothing in this subsection precludes
or limits the authority of the Secretary of Agriculture with
respect to the importation or movement of plants, plant products, or seeds under—
‘‘(A) the Plant Protection Act (7 U.S.C. 7701 et seq.);
and
‘‘(B) the Federal Seed Act (7 U.S.C. 1551 et seq.).’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 949

SEC. 10009. BULK SHIPMENTS OF APPLES TO CANADA.

(a) BULK SHIPMENT OF APPLES TO CANADA.—Section 4 of the
Export Apple Act (7 U.S.C. 584) is amended—
(1) by striking ‘‘SEC. 4. Apples in’’ and inserting the following:
‘‘SEC. 4. EXEMPTIONS.

‘‘(a) IN GENERAL.—Apples in’’; and
(2) by adding at the end the following:
‘‘(b) BULK CONTAINERS.—Apples may be shipped to Canada
in bulk containers without complying with the provisions of this
Act.’’.
(b) DEFINITION OF BULK CONTAINER.—Section 9 of the Export
Apple Act (7 U.S.C. 589) is amended by adding at the end the
following:
‘‘(5) The term ‘bulk container’ means a container that contains
a quantity of apples weighing more than 100 pounds.’’.
(c) REGULATIONS.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall issue regulations to
carry out the amendments made by this section.
SEC. 10010. 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 ‘‘subsection (j)’’ and inserting ‘‘subsection (l)’’; and
(B) by striking ‘‘2012’’ and inserting ‘‘2018’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) GRANTS BASED ON VALUE AND ACREAGE.—Subject to subsection (c), for each State whose application for a grant for a
fiscal year that is accepted by the Secretary under subsection (f),
the amount of the grant for that fiscal year to the State under
this section shall bear the same ratio to the total amount made
available under subsection (l)(1) for that fiscal year as—
‘‘(1) the average of the most recent available value of specialty crop production in the State and the acreage of specialty
crop production in the State, as demonstrated in the most
recent Census of Agriculture data; bears to
‘‘(2) the average of the most recent available value of specialty crop production in all States and the acreage of specialty
crop production in all States, as demonstrated in the most
recent Census of Agriculture data.’’;
(3) by redesignating subsection (j) as subsection (l);
(4) by inserting after subsection (i) the following:
‘‘(j) MULTISTATE PROJECTS.—Not later than 180 days after the
effective date of the Agricultural Act of 2014, the Secretary of
Agriculture shall issue guidance for the purpose of making grants
to multistate projects under this section for projects involving—
‘‘(1) food safety;
‘‘(2) plant pests and disease;
‘‘(3) research;
‘‘(4) crop-specific projects addressing common issues; and
‘‘(5) any other area that furthers the purposes of this section, as determined by the Secretary.
‘‘(k) ADMINISTRATION.—

128 STAT. 950

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(1) DEPARTMENT.—The Secretary of Agriculture may not
use more than 3 percent of the funds made available to carry
out this section for a fiscal year for administrative expenses.
‘‘(2) STATES.—A State receiving a grant under this section
may not use more than 8 percent of the funds received under
the grant for a fiscal year for administrative expenses.’’; and
(5) in subsection (l) (as redesignated by paragraph (3))—
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and indenting
appropriately;
(B) by striking ‘‘Of the funds’’ and inserting the following:
‘‘(1) IN GENERAL.—Of the funds’’;
(C) in paragraph (1) (as so designated)—
(i) in subparagraph (B) (as redesignated by
subparagraph (A)), by striking ‘‘and’’ at the end;
(ii) in subparagraph (C) (as redesignated by
subparagraph (A)), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(D) $72,500,000 for each of fiscal years 2014 through
2017; and
‘‘(E) $85,000,000 for fiscal year 2018 and each fiscal
year thereafter.’’; and
(D) by adding at the end the following:
‘‘(2) MULTISTATE PROJECTS.—Of the funds made available
under paragraph (1), the Secretary may use to carry out subsection (j), to remain available until expended—
‘‘(A) $1,000,000 for fiscal year 2014;
‘‘(B) $2,000,000 for fiscal year 2015;
‘‘(C) $3,000,000 for fiscal year 2016;
‘‘(D) $4,000,000 for fiscal year 2017; and
‘‘(E) $5,000,000 for fiscal year 2018.’’.

SEC.

10011.

DEPARTMENT OF AGRICULTURE CONSULTATION
REGARDING ENFORCEMENT OF CERTAIN LABOR LAW
PROVISIONS.

(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall consult with the Secretary
of Labor regarding the restraining of shipments of agricultural
commodities, or the confiscation of agricultural commodities, by
the Department of Labor for actual or suspected labor law violations
in order to consider—
(1) the perishable nature of the commodities;
(2) the impact of the restraining or confiscation on the
economic viability of farming operations; and
(3) the competitiveness of specialty crops through grants
awarded to States under section 101 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
108–465).
(b) REPORT.—The Secretary of Labor shall submit to the
Committees on Agriculture and Education and Workforce of the
House of Representative and the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions
of the Senate a report that describes the number of instances
during the period of fiscal years 2008 through 2013 that the Department of Labor has contacted a purchaser of perishable agricultural

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 951

commodities to notify that purchaser of an investigation or pending
enforcement action against a producer from whom the purchaser
has purchased perishable agricultural commodities.
SEC. 10012. REPORT ON HONEY.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with persons affected
by the potential establishment of a Federal standard for the identity
of honey, shall submit to the Commissioner of Food and Drugs
a report describing how an appropriate Federal standard for the
identity of honey would be in the interest of consumers, the honey
industry, and United States agriculture.
(b) CONSIDERATIONS.—In preparing the report required under
subsection (a), the Secretary shall take into consideration the March
2006, Standard of Identity citizens petition filed with the Food
and Drug Administration, including any current industry amendments or clarifications necessary to update that petition.
SEC. 10013. REPORTS TO CONGRESS.

(a) IN GENERAL.—Not later than 180 days and 1 year after
the date of enactment of this Act, the Administrator of the Environmental Protection Agency and Secretaries of Commerce, Agriculture
and the Interior shall submit to the Committees on Agriculture
and Natural Resources of the House of Representatives and the
Committees on Agriculture, Nutrition, and Forestry and Environment and Public Works of the Senate, 2 reports that describe
approaches and actions taken by the Environmental Protection
Agency, the United States Fish and Wildlife Service, and the
National Marine Fisheries Service—
(1) to implement recommendations, including an analysis
of how any identified delays to implementation will be overcome, of the 2013 Expert Report authored by the National
Research Council of the National Academies entitled ‘‘Assessing
Risks to Endangered and Threatened Species from Pesticides’’;
(2) to otherwise minimize delays in integrating—
(A) the pesticide registration and registration review
requirements of sections 3 and 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a, 136w–8);
and
(B) the species and habitat protection processes
described in sections 7 and 10 of the Endangered Species
Act of 1973 (16 U.S.C. 1536, 1539); and
(3) to ensure public participation and transparency during
the development, implementation, and evaluation of the
approaches to implement the recommendations contained in
the report described in paragraph (1).
(b) REQUIREMENT FOR FINAL REPORT.—In addition to the
requirements of subsection (a), the final report submitted to Congress under that subsection shall—
(1) inform Congress of specific actions that have been and
will be taken to address the recommendations identified in
subsection (a)(1), including an evaluation to establish that—
(A) the approaches utilize the best available science;
(B) reasonable and prudent alternatives within
biological opinions are technologically and economically feasible;
(C) reasonable and prudent measures are necessary
and appropriate; and

128 STAT. 952

PUBLIC LAW 113–79—FEB. 7, 2014
(D) the agencies ensure public participation and transparency in the development of reasonable and prudent
alternatives and reasonable and prudent measures; and
(2) update the study and report required by subsections
(b) and (c) of section 1010 of Public Law 100–478 (7 U.S.C.
136a note).

SEC. 10014. STAY OF REGULATIONS.

Not later than 60 days after the date of enactment of this
Act, the Secretary shall lift the administrative stay imposed under
the rule of the Secretary entitled ‘‘Christmas Tree Promotion,
Research, and Information Order; Stay of Regulations’’ and published by the Department of Agriculture on November 17, 2011
(76 Fed. Reg. 71241), on the regulations in subpart A of part
1214 of title 7, Code of Federal Regulations, establishing an
industry-funded promotion, research, and information program for
fresh-cut Christmas trees.

21 USC 346a
note.

7 USC 2204h.

SEC. 10015. REGULATION OF SULFURYL FLUORIDE.

Notwithstanding any other provision of law, the Administrator
of the Environmental Protection Agency shall exclude nonpesticideal
sources of fluoride from any aggregate exposure assessment
required under section 408 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a) when assessing tolerances associated with
residues from the pesticide.
SEC. 10016. LOCAL FOOD PRODUCTION AND PROGRAM EVALUATION.

(a) IN GENERAL.—The Secretary shall—
(1) collect data on—
(A) the production and marketing of locally or regionally produced agricultural food products; and
(B) direct and indirect regulatory compliance costs
affecting the production and marketing of locally or regionally produced agricultural food products;
(2) facilitate interagency collaboration and data sharing
on programs relating to local and regional food systems;
(3) monitor—
(A) the effectiveness of programs designed to expand
or facilitate local food systems; and
(B) barriers to local and regional market access due
to Federal regulation of small-scale production; and
(4) evaluate the manner in which local food systems—
(A) contribute to improving community food security;
and
(B) assist populations with limited access to healthy
food.
(b) REQUIREMENTS.—In carrying out this section, the Secretary
shall, at a minimum—
(1) collect and distribute comprehensive reporting of prices
and volume of locally or regionally produced agricultural food
products;
(2) conduct surveys and analysis and publish reports
relating to the production, handling, distribution, retail sales,
and trend studies (including consumer purchasing patterns)
of or on locally or regionally produced agricultural food products;
(3) evaluate the effectiveness of existing programs in
growing local and regional food systems, including—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 953

(A) the impact of local food systems on job creation
and economic development;
(B) the level of participation in 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), including the percentage of projects
funded in comparison to applicants and the types of eligible
entities receiving funds;
(C) the ability of participants to leverage private capital
and a synopsis of the places from which non-Federal funds
are derived; and
(D) any additional resources required to aid in the
development or expansion of local and regional food systems;
(4) evaluate the impact that Federal regulation of small
commercial producers of agricultural food products intended
for local and regional consumption may have on—
(A) local job creation and economic development;
(B) access to local and regional fruit and vegetable
markets, including for new and beginning small commercial
producers; and
(C) participation in—
(i) supplier networks;
(ii) high volume distribution systems; and
(iii) retail sales outlets;
(5) expand the Agricultural Resource Management Survey
of the Department to include questions on locally or regionally
produced agricultural food products; and
(6) seek to establish or expand private-public partnerships
to facilitate, to the maximum extent practicable, the collection
of data on locally or regionally produced agricultural food products, including the development of a nationally coordinated
and regionally balanced evaluation of the redevelopment of
locally or regionally produced food systems.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act 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 progress that has been made in
implementing this section and identifying any additional needs
and barriers related to developing local and regional food systems.
SEC. 10017. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL ASSISTANCE.

In the case of each program established or amended by this
title that is authorized or required to be carried out using funds
of the Commodity Credit Corporation, the use of those funds to
provide technical assistance shall not be considered an allotment
or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed
by section 11 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714i).

15 USC 714i
note.

128 STAT. 954

PUBLIC LAW 113–79—FEB. 7, 2014

TITLE XI—CROP INSURANCE
SEC. 11001. INFORMATION SHARING.

Section 502(c) of the Federal Crop Insurance Act (7 U.S.C.
1502(c)) is amended by adding at the end the following:
‘‘(4) INFORMATION.—
‘‘(A) REQUEST.—Subject to subparagraph (B), the Farm
Service Agency shall, in a timely manner, provide to an
agent or an approved insurance provider authorized by
the producer any information (including Farm Service
Agency Form 578s (or any successor form)) or maps (or
any corrections to those forms or maps) that may assist
the agent or approved insurance provider in insuring the
producer under a policy or plan of insurance under this
subtitle.
‘‘(B) PRIVACY.—Except as provided in subparagraph
(C), an agent or approved insurance provider that receives
the information of a producer pursuant to subparagraph
(A) shall treat the information in accordance with paragraph (1).
‘‘(C) SHARING.—Nothing in this section prohibits the
sharing of the information of a producer pursuant to
subparagraph (A) between the agent and the approved
insurance provider of the producer.’’.
SEC. 11002. PUBLICATION OF INFORMATION ON VIOLATIONS OF
PROHIBITION ON PREMIUM ADJUSTMENTS.

Section 508(a)(9) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(9)) is amended by adding at the end the following:
‘‘(C) PUBLICATION OF VIOLATIONS.—
‘‘(i) PUBLICATION REQUIRED.—Subject to clause (ii),
the Corporation shall publish in a timely manner on
the website of the Risk Management Agency information regarding each violation of this paragraph,
including any sanctions imposed in response to the
violation, in sufficient detail so that the information
may serve as effective guidance to approved insurance
providers, agents, and producers.
‘‘(ii) PROTECTION OF PRIVACY.—In providing
information under clause (i) regarding violations of
this paragraph, the Corporation shall redact the
identity of the persons and entities committing the
violations in order to protect the privacy of those persons and entities.’’.
SEC. 11003. SUPPLEMENTAL COVERAGE OPTION.

(a) AVAILABILITY OF SUPPLEMENTAL COVERAGE OPTION.—Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c))
is amended by striking paragraph (3) and inserting the following:
‘‘(3) YIELD AND LOSS BASIS OPTIONS.—A producer shall have
the option of purchasing additional coverage based on—
‘‘(A)(i) an individual yield and loss basis; or
‘‘(ii) an area yield and loss basis; or
‘‘(B) an individual yield and loss basis, supplemented
with coverage based on an area yield and loss basis to
cover a part of the deductible under the individual yield
and loss policy, as described in paragraph (4)(C).’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 955

(b) LEVEL OF COVERAGE.—Section 508(c) of the Federal Crop
Insurance Act (7 U.S.C. 1508(c)) is amended by striking paragraph
(4) and inserting the following:
‘‘(4) LEVEL OF COVERAGE.—
‘‘(A) DOLLAR DENOMINATION AND PERCENTAGE OF
YIELD.—Except as provided in subparagraph (C), the level
of coverage—
‘‘(i) shall be dollar denominated; and
‘‘(ii) may be purchased at any level not to exceed
85 percent of the individual yield or 95 percent of
the area yield (as determined by the Corporation).
‘‘(B) INFORMATION.—The Corporation shall provide producers with information on catastrophic risk and additional
coverage in terms of dollar coverage (within the allowable
limits of coverage provided in this paragraph).
‘‘(C) SUPPLEMENTAL COVERAGE OPTION.—
‘‘(i) IN GENERAL.—Notwithstanding subparagraph
(A), in the case of the supplemental coverage option
described in paragraph (3)(B), the Corporation shall
offer producers the opportunity to purchase coverage
in combination with a policy or plan of insurance
offered under this subtitle that would allow indemnities to be paid to a producer equal to a part of
the deductible under the policy or plan of insurance—
‘‘(I) at a county-wide level to the fullest extent
practicable; or
‘‘(II) in counties that lack sufficient data, on
the basis of such larger geographical area as the
Corporation determines to provide sufficient data
for purposes of providing the coverage.
‘‘(ii) TRIGGER.—Coverage offered under paragraph
(3)(B) and clause (i) shall be triggered only if the
losses in the area exceed 14 percent of normal levels
(as determined by the Corporation).
‘‘(iii) COVERAGE.—Subject to the trigger described
in clause (ii), coverage offered under paragraph (3)(B)
and clause (i) shall not exceed the difference between—
‘‘(I) 86 percent; and
‘‘(II) the coverage level selected by the producer for the underlying policy or plan of insurance.
‘‘(iv) INELIGIBLE CROPS AND ACRES.—Crops for
which the producer has elected under section 1116
of the Agricultural Act of 2014 to receive agriculture
risk coverage and acres that are enrolled in the stacked
income protection plan under section 508B shall not
be eligible for supplemental coverage under this
subparagraph.
‘‘(v) CALCULATION OF PREMIUM.—Notwithstanding
subsection (d), the premium for coverage offered under
paragraph (3)(B) and clause (i) shall—
‘‘(I) be sufficient to cover anticipated losses
and a reasonable reserve; and
‘‘(II) include an amount for operating and
administrative expenses established in accordance
with subsection (k)(4)(F).’’.

128 STAT. 956

7 USC 1508 note.

PUBLIC LAW 113–79—FEB. 7, 2014

(c) PAYMENT OF PORTION OF PREMIUM BY CORPORATION.—Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2))
is amended by adding at the end the following:
‘‘(H) In the case of the supplemental coverage option
authorized in subsection (c)(4)(C), the amount shall be
equal to the sum of—
‘‘(i) 65 percent of the additional premium associated with the coverage; and
‘‘(ii) the amount determined under subsection
(c)(4)(C)(v)(II), subject to subsection (k)(4)(F), for the
coverage to cover operating and administrative
expenses.’’.
(d) APPLICATION DATE.—The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on
an area yield and loss basis, as described in the amendments
made by this section, not later than for the 2015 crop year.
SEC. 11004. CROP MARGIN COVERAGE OPTION.

Section 508(c)(3) of the Federal Crop Insurance Act (7 U.S.C.
1508(c)(3)) (as amended by section 11003) is amended—
(1) in subparagraph (A)(ii), 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) a margin basis alone or in combination with the
coverages available under subparagraph (A) or (B).’’.
SEC. 11005. PREMIUM AMOUNTS FOR CATASTROPHIC RISK PROTECTION.

Section 508(d)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(d)(2)) is amended by striking subparagraph (A) and inserting
the following:
‘‘(A) In the case of catastrophic risk protection, the
amount of the premium established by the Corporation
for each crop for which catastrophic risk protection is available shall be reduced by the percentage equal to the difference between the average loss ratio for the crop and
100 percent, plus a reasonable reserve, as determined by
the Corporation.’’.
SEC. 11006. PERMANENT ENTERPRISE UNIT SUBSIDY.

Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by striking subparagraph (A) and inserting
the following:
‘‘(A) IN GENERAL.—The Corporation may pay a portion
of the premiums for plans or policies of insurance for which
the insurable unit is defined on a whole farm or enterprise
unit basis that is higher than would otherwise be paid
in accordance with paragraph (2).’’.
SEC. 11007. ENTERPRISE UNITS FOR IRRIGATED AND NONIRRIGATED
CROPS.

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:
‘‘(D) NONIRRIGATED CROPS.—Beginning with the 2015
crop year, the Corporation shall make available separate

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 957

enterprise units for irrigated and nonirrigated acreage of
crops in counties.’’.
SEC. 11008. DATA COLLECTION.

Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)) is amended by adding at the end the following:
‘‘(E) SOURCES OF YIELD DATA.—To determine yields
under this paragraph, the Corporation—
‘‘(i) shall use county data collected by the Risk
Management Agency, the National Agricultural Statistics Service, or both; or
‘‘(ii) if sufficient county data is not available, may
use other data considered appropriate by the Secretary.’’.
SEC. 11009. ADJUSTMENT IN ACTUAL PRODUCTION HISTORY TO
ESTABLISH INSURABLE YIELDS.

Section 508(g) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)) (as amended by section 11008) is amended—
(1) in paragraph (2)(A), by inserting ‘‘and paragraph (4)(C)’’
after ‘‘(B)’’; and
(2) in paragraph (4)—
(A) by redesignating subparagraph (C) as subparagraph (D);
(B) in subparagraph (D) (as so redesignated), by
inserting ‘‘or (C)’’ after ‘‘(B)’’; and
(C) by inserting after subparagraph (B) the following:
‘‘(C) ELECTION TO EXCLUDE CERTAIN HISTORY.—
‘‘(i) IN GENERAL.—Notwithstanding paragraph (2),
with respect to 1 or more of the crop years used to
establish the actual production history of an agricultural commodity of the producer, the producer may
elect to exclude any recorded or appraised yield for
any crop year in which the per planted acre yield
of the agricultural commodity in the county of the
producer was at least 50 percent below the simple
average of the per planted acre yield of the agricultural
commodity in the county during the previous 10
consecutive crop years.
‘‘(ii) CONTIGUOUS COUNTIES.—In any crop year that
a producer in a county is eligible to make an election
to exclude a yield under clause (i), a producer in a
contiguous county is eligible to make such an election.
‘‘(iii) IRRIGATION PRACTICE.—For purposes of determining whether the per planted acre yield of the agricultural commodity in the county of the producer was
at least 50 percent below the simple average of the
per planted acre yield of the agricultural commodity
in the county during the previous 10 consecutive crop
years, the Corporation shall make a separate determination for irrigated and nonirrigated acreage.’’.

SEC. 11010. SUBMISSION OF POLICIES AND BOARD REVIEW AND
APPROVAL.

(a) IN GENERAL.—Section 508(h) of the Federal Crop Insurance
Act (7 U.S.C. 1508(h)) is amended—
(1) in paragraph (1)—

128 STAT. 958

PUBLIC LAW 113–79—FEB. 7, 2014
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting appropriately;
(B) by striking ‘‘(1) IN GENERAL.—In addition’’ and
inserting the following:
‘‘(1) AUTHORITY TO SUBMIT.—
‘‘(A) IN GENERAL.—In addition’’; and
(C) by adding at the end the following:
‘‘(B) REVIEW AND SUBMISSION BY CORPORATION.—The
Corporation shall review any policy developed under section
522(c) or any pilot program developed under section 523
and submit the policy or program to the Board under
this subsection if the Corporation, at the sole discretion
of the Corporation, finds that the policy or program—
‘‘(i) will likely result in a viable and marketable
policy consistent with this subsection;
‘‘(ii) would provide crop insurance coverage in a
significantly improved form; and
‘‘(iii) adequately protects the interests of producers.’’; and
(2) by striking paragraph (3) and inserting the following:
‘‘(3) REVIEW AND APPROVAL BY THE BOARD.—
‘‘(A) IN GENERAL.—A policy, plan of insurance, or other
material submitted to the Board under this subsection
shall be reviewed by the Board and shall be approved
by the Board for reinsurance and for sale by approved
insurance providers to producers at actuarially appropriate
rates and under appropriate terms and conditions if the
Board determines that—
‘‘(i) the interests of producers are adequately protected;
‘‘(ii) the proposed policy or plan of insurance will—
‘‘(I) provide a new kind of coverage that is
likely to be viable and marketable;
‘‘(II) provide crop insurance coverage in a
manner that addresses a clear and identifiable
flaw or problem in an existing policy; or
‘‘(III) provide a new kind of coverage for a
commodity that previously had no available crop
insurance, or has demonstrated a low level of
participation or coverage level under existing coverage; and
‘‘(iii) the proposed policy or plan of insurance will
not have a significant adverse impact on the crop insurance delivery system.
‘‘(B) CONSIDERATION.—In approving policies or plans
of insurance, the Board shall in a timely manner—
‘‘(i) first, consider policies or plans of insurance
that address underserved commodities, including
commodities for which there is no insurance;
‘‘(ii) second, consider existing policies or plans of
insurance for which there is inadequate coverage or
there exists low levels of participation; and
‘‘(iii) last, consider all policies or plans of insurance
submitted to the Board that do not meet the criteria
described in clause (i) or (ii).

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 959

‘‘(C) SPECIFIED REVIEW AND APPROVAL PRIORITIES.—In
reviewing policies and other materials submitted to the
Board under this subsection for approval, the Board—
‘‘(i) shall make the development and approval of
a revenue policy for peanut producers a priority so
that a revenue policy is available to peanut producers
in time for the 2015 crop year;
‘‘(ii) shall make the development and approval of
a margin coverage policy for rice producers a priority
so that a margin coverage policy is available to rice
producers in time for the 2015 crop year; and
‘‘(iii) may approve a submission that is made
pursuant to this subsection that would, beginning with
the 2015 crop year, allow producers that purchase policies in accordance with subsection (e)(5)(A) to separate
enterprise units by risk rating for acreage of crops
in counties.’’.
(b) APPROVAL OF COSTS FOR RESEARCH AND DEVELOPMENT.—
Section 522(b)(2) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)(2)) is amended by striking subparagraph (E) and inserting
the following:
‘‘(E) APPROVAL.—
‘‘(i) IN GENERAL.—The Board may approve up to
50 percent of the projected total research and development costs to be paid in advance to an applicant,
in accordance with the procedures developed by the
Board for the making of the payments, if, after consideration of the reviewer reports described in subparagraph (D) and such other information as the Board
determines appropriate, the Board determines that—
‘‘(I) the concept, in good faith, will likely result
in a viable and marketable policy consistent with
section 508(h);
‘‘(II) at the sole discretion of the Board, the
concept, if developed into a policy and approved
by the Board, would provide crop insurance coverage—
‘‘(aa) in a significantly improved form;
‘‘(bb) to a crop or region not traditionally
served by the Federal crop insurance program;
or
‘‘(cc) in a form that addresses a recognized
flaw or problem in the program;
‘‘(III) the applicant agrees to provide such
reports as the Corporation determines are necessary to monitor the development effort;
‘‘(IV) the proposed budget and timetable are
reasonable, as determined by the Board; and
‘‘(V) the concept proposal meets any other
requirements that the Board determines appropriate.
‘‘(ii) WAIVER.—The Board may waive the 50-percent limitation and, upon request of the submitter
after the submitter has begun research and development activities, the Board may approve an additional
25 percent advance payment to the submitter for

128 STAT. 960

PUBLIC LAW 113–79—FEB. 7, 2014
research and development costs, if, at the sole discretion of the Board, the Board determines that—
‘‘(I) the intended policy or plan of insurance
developed by the submitter will provide coverage
for a region or crop that is underserved by the
Federal crop insurance program, including specialty crops; and
‘‘(II) the submitter is making satisfactory
progress towards developing a viable and marketable policy or plan of insurance consistent with
section 508(h).’’.

SEC. 11011. CONSULTATION.

Section 508(h)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)(4)) is amended by adding at the end the following:
‘‘(E) CONSULTATION.—
‘‘(i) REQUIREMENT.—As part of the feasibility and
research associated with the development of a policy
or other material for fruits and vegetables, tree nuts,
dried fruits, and horticulture and nursery crops
(including floriculture), the submitter prior to making
a submission under this subsection shall consult with
groups representing producers of those agricultural
commodities in all major producing areas for the
commodities to be served or potentially impacted,
either directly or indirectly.
‘‘(ii) SUBMISSION TO THE BOARD.—Any submission
made to the Board under this subsection shall contain
a summary and analysis of the feasibility and research
findings from the impacted groups described in clause
(i), including a summary assessment of the support
for or against development of the policy and an assessment on the impact of the proposed policy to the general marketing and production of the crop from both
a regional and national perspective.
‘‘(iii) EVALUATION BY THE BOARD.—In evaluating
whether the interests of producers are adequately protected pursuant to paragraph (3) with respect to a
submission made under this subsection, the Board
shall review the information provided pursuant to
clause (ii) to determine if the submission will create
adverse market distortions with respect to the production of commodities that are the subject of the submission.’’.
SEC. 11012. BUDGET LIMITATIONS ON RENEGOTIATION OF THE
STANDARD REINSURANCE AGREEMENT.

Section 508(k)(8) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(8)) is amended by adding at the end the following:
‘‘(F) BUDGET.—
‘‘(i) IN GENERAL.—The Board shall ensure that any
Standard Reinsurance Agreement negotiated under
subparagraph (A)(ii) shall—
‘‘(I) to the maximum extent practicable, be
estimated as budget neutral with respect to the
total amount of payments described in paragraph

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 961

(9) as compared to the total amount of such payments estimated to be made under the immediately preceding Standard Reinsurance Agreement if that Agreement were extended over the
same period of time;
‘‘(II) comply with the applicable provisions of
this Act establishing the rates of reimbursement
for administrative and operating costs for approved
insurance providers and agents, except that, to
the maximum extent practicable, the estimated
total amount of reimbursement for those costs
shall not be less than the total amount of the
payments to be made under the immediately preceding Standard Reinsurance Agreement if that
Agreement were extended over the same period
of time, as estimated on the date of enactment
of the Agricultural Act of 2014; and
‘‘(III) in no event significantly depart from
budget neutrality unless otherwise required by this
Act.
‘‘(ii) USE OF SAVINGS.—To the extent that any
budget savings are realized in the renegotiation of
a Standard Reinsurance Agreement under subparagraph (A)(ii), and the savings are determined not to
be a significant departure from budget neutrality under
clause (i), the savings shall be used to increase
reimbursements or payments described under paragraphs (4) and (9).’’.
SEC. 11013. TEST WEIGHT FOR CORN.

Section 508(m) of the Federal Crop Insurance Act (7 U.S.C.
1508(m)) is amended by adding at the end the following:
‘‘(6) TEST WEIGHT FOR CORN.—
‘‘(A) IN GENERAL.—The Corporation shall establish
procedures to allow insured producers not more than 120
days to settle claims, in accordance with procedures established by the Secretary, involving corn that is determined
to have low test weight.
‘‘(B) IMPLEMENTATION.—As soon as practicable after
the date of enactment of this paragraph, the Corporation
shall implement subparagraph (A) on a regional basis based
on market conditions and the interests of producers.
‘‘(C) TERMINATION OF EFFECTIVENESS.—The authority
provided by this paragraph terminates effective on the
date that is 5 years after the date on which subparagraph
(A) is implemented.’’.

SEC. 11014. CROP PRODUCTION ON NATIVE SOD.

(a) FEDERAL CROP INSURANCE.—Section 508(o) of the Federal
Crop Insurance Act (7 U.S.C. 1508(o)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘, or the producer
cannot substantiate that the ground has ever been tilled,’’ after
‘‘tilled’’;
(2) in paragraph (2)—
(A) in the paragraph heading, by striking ‘‘INELIGIBILITY FOR’’ and inserting ‘‘REDUCTION IN’’;
(B) by striking subparagraph (A) and inserting the
following:

128 STAT. 962

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(A) IN GENERAL.—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 after the date of enactment of the Agricultural Act
of 2014 shall be subject to a reduction in benefits under
this subtitle as described in this paragraph.’’; and
(C) by adding at the end the following:
‘‘(C) ADMINISTRATION.—
‘‘(i) REDUCTION.—For purposes of the reduction in
benefits for the acreage described in subparagraph
(A)—
‘‘(I) the crop insurance guarantee shall be
determined by using a yield equal to 65 percent
of the transitional yield of the producer; and
‘‘(II) the crop insurance premium subsidy provided for the producer under this subtitle, except
for coverage authorized pursuant to subsection
(b)(1), shall be 50 percentage points less than the
premium subsidy that would otherwise apply.
‘‘(ii) YIELD SUBSTITUTION.—During the period
native sod acreage is covered by this subsection, a
producer may not substitute yields for the native sod.’’;
(3) by striking paragraph (3) and inserting the following:
‘‘(3) APPLICATION.—This subsection shall only apply to
native sod acreage in the States of Minnesota, Iowa, North
Dakota, South Dakota, Montana, and Nebraska.’’.
(b) NONINSURED CROP DISASTER ASSISTANCE.—Section 196(a)(4)
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333(a)(4)) is amended—
(1) in the paragraph heading, by striking ‘‘INELIGIBILITY’’
and inserting ‘‘REDUCTION IN BENEFITS’’;
(2) in subparagraph (A)(ii), by inserting ‘‘, or the producer
cannot substantiate that the ground has ever been tilled,’’ after
‘‘tilled’’;
(3) in subparagraph (B)—
(A) in the subparagraph heading, by striking ‘‘INELIGIBILITY FOR’’ and inserting ‘‘REDUCTION IN’’;
(B) by striking clause (i) and inserting the following:
‘‘(i) IN GENERAL.—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 after the date of enactment of the
Agricultural Act of 2014 shall be subject to a reduction
in benefits under this section as described in this
subparagraph.’’; and
(C) by adding at the end the following:
‘‘(iii) REDUCTION.—For purposes of the reduction
in benefits for the acreage described in clause (i)—
‘‘(I) the approved yield shall be determined
by using a yield equal to 65 percent of the transitional yield of the producer; and
‘‘(II) the service fees or premiums for crops
planted on native sod shall be equal to 200 percent
of the amount determined in subsections (l)(2) or
(k), as applicable, but in no case shall exceed the
amount determined in subsection (l)(2)(B)(ii).’’; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 963

(4) by striking subparagraph (C) and inserting the following:
‘‘(C) APPLICATION.—This paragraph shall only apply
to native sod acreage in the States of Minnesota, Iowa,
North Dakota, South Dakota, Montana, and Nebraska.’’.
(c) CROPLAND REPORT.—
(1) BASELINE.—Not later than 180 days 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 that describes the cropland acreage in each
applicable county and State, and the change in cropland acreage
from the preceding year in each applicable county and State,
beginning with calendar year 2000 and including that information for the most recent year for which that information is
available.
(2) ANNUAL UPDATES.—Not later than January 1, 2015,
and each January 1 thereafter through January 1, 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
describes—
(A) the cropland acreage in each applicable county
and State as of the date of submission of the report; and
(B) the change in cropland acreage from the preceding
year in each applicable county and State.
SEC. 11015. COVERAGE LEVELS BY PRACTICE.

Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508)
is amended by adding at the end the following:
‘‘(p) COVERAGE LEVELS BY PRACTICE.—Beginning with the 2015
crop year, a producer that produces an agricultural commodity
on both dry land and irrigated land may elect a different coverage
level for each production practice.’’.
SEC. 11016. BEGINNING FARMER AND RANCHER PROVISIONS.

(a) DEFINITION.—Section 502(b) of the Federal Crop Insurance
Act (7 U.S.C. 1502(b)) is amended—
(1) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and
(2) by inserting after paragraph (2) the following:
‘‘(3) BEGINNING FARMER OR RANCHER.—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 owneroperator, landlord, tenant, or sharecropper for more than 5
crop years, as determined by the Secretary.’’.
(b) PREMIUM ADJUSTMENTS.—Section 508 of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended—
(1) in subsection (b)(5)(E), by inserting ‘‘and beginning
farmers or ranchers’’ after ‘‘limited resource farmers’’;
(2) in subsection (e), by adding at the end the following:
‘‘(8) PREMIUM FOR BEGINNING FARMERS OR RANCHERS.—
Notwithstanding any other provision of this subsection
regarding payment of a portion of premiums, a beginning
farmer or rancher shall receive premium assistance that is
10 percentage points greater than premium assistance that
would otherwise be available under paragraphs (2) (except for

128 STAT. 964

PUBLIC LAW 113–79—FEB. 7, 2014
subparagraph (A) of that paragraph), (5), (6), and (7) for the
applicable policy, plan of insurance, and coverage level selected
by the beginning farmer or rancher.’’; and
(3) in subsection (g)—
(A) in paragraph (2)(B)—
(i) in clause (i), by striking ‘‘or’’ at the end;
(ii) in clause (ii)(III), by striking the period at
the end and inserting ‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(iii) if the producer is a beginning farmer or
rancher who was previously involved in a farming or
ranching operation, including involvement in the
decisionmaking or physical involvement in the production of the crop or livestock on the farm, for any acreage
obtained by the beginning farmer or rancher, a yield
that is the higher of—
‘‘(I) the actual production history of the previous producer of the crop or livestock on the acreage determined under subparagraph (A); or
‘‘(II) a yield of the producer, as determined
in clause (i).’’; and
(B) in paragraph (4)(B)(ii)—
(i) by inserting ‘‘(I)’’ after ‘‘(ii)’’;
(ii) by striking the period at the end and inserting
‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(II) in the case of beginning farmers or ranchers,
replace each excluded yield with a yield equal to 80
percent of the applicable transitional yield.’’.

SEC. 11017. STACKED INCOME PROTECTION PLAN FOR PRODUCERS
OF UPLAND COTTON.

(a) AVAILABILITY OF STACKED INCOME PROTECTION PLAN FOR
PRODUCERS OF UPLAND COTTON.—The Federal Crop Insurance Act
is amended by inserting after section 508A (7 U.S.C. 1508a) the
following:
7 USC 1508b.

‘‘SEC. 508B. STACKED INCOME PROTECTION PLAN FOR PRODUCERS
OF UPLAND COTTON.

‘‘(a) AVAILABILITY.—Beginning not later than the 2015 crop
of upland cotton, the Corporation shall make available to producers
of upland cotton an additional policy (to be known as the ‘Stacked
Income Protection Plan’), which shall provide coverage consistent
with the Group Risk Income Protection Plan (and the associated
Harvest Revenue Option Endorsement) offered by the Corporation
for the 2011 crop year.
‘‘(b) REQUIRED TERMS.—The Corporation may modify the
Stacked Income Protection Plan on a program-wide basis, except
that the Stacked Income Protection Plan shall comply with the
following requirements:
‘‘(1) Provide coverage for revenue loss of not less than
10 percent and not more than 30 percent of expected county
revenue, specified in increments of 5 percent. The deductible
shall be the minimum percent of revenue loss at which indemnities are triggered under the plan, not to be less than 10
percent of the expected county revenue.
‘‘(2) Be offered to producers of upland cotton in all counties
with upland cotton production—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 965

‘‘(A) at a county-wide level to the fullest extent practicable; or
‘‘(B) in counties that lack sufficient data, on the basis
of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing
the coverage.
‘‘(3) Be purchased in addition to any other individual or
area coverage in effect on the producer’s acreage or as a standalone policy, except that if a producer has an individual or
area coverage for the same acreage, the maximum coverage
available under the Stacked Income Protection Plan shall not
exceed the deductible for the individual or area coverage.
‘‘(4) Establish coverage based on—
‘‘(A) the expected price established under existing
Group Risk Income Protection or area wide policy offered
by the Corporation for the applicable county (or area) and
crop year; and
‘‘(B) an expected county yield that is the higher of—
‘‘(i) the expected county yield established for the
existing area-wide plans offered by the Corporation
for the applicable county (or area) and crop year (or,
in geographic areas where area-wide plans are not
offered, an expected yield determined in a manner
consistent with those of area-wide plans); or
‘‘(ii) the average of the applicable yield data for
the county (or area) for the most recent 5 years,
excluding the highest and lowest observations, from
the Risk Management Agency or the National Agricultural Statistics Service (or both) or, if sufficient county
data is not available, such other data considered appropriate by the Secretary.
‘‘(5) Use a multiplier factor to establish maximum protection per acre (referred to as a ‘protection factor’) of not less
than the higher of the level established on a program wide
basis or 120 percent.
‘‘(6) Pay an indemnity based on the amount that the
expected county revenue exceeds the actual county revenue,
as applied to the individual coverage of the producer. Indemnities under the Stacked Income Protection Plan shall not
include or overlap the amount of the deductible selected under
paragraph (1).
‘‘(7) In all counties for which data are available, establish
separate coverage levels for irrigated and nonirrigated practices.
‘‘(c) PREMIUM.—Notwithstanding section 508(d), the premium
for the Stacked Income Protection Plan shall—
‘‘(1) be sufficient to cover anticipated losses and a reasonable reserve; and
‘‘(2) include an amount for operating and administrative
expenses established in accordance with section 508(k)(4)(F).
‘‘(d) PAYMENT OF PORTION OF PREMIUM BY CORPORATION.—
Subject to section 508(e)(4), the amount of premium paid by the
Corporation for all qualifying coverage levels of the Stacked Income
Protection Plan shall be—
‘‘(1) 80 percent of the amount of the premium established
under subsection (c) for the coverage level selected; and

128 STAT. 966

PUBLIC LAW 113–79—FEB. 7, 2014

‘‘(2) the amount determined under subsection (c)(2), subject
to section 508(k)(4)(F), for the coverage to cover administrative
and operating expenses.
‘‘(e) RELATION TO OTHER COVERAGES.—The Stacked Income
Protection Plan is in addition to all other coverages available to
producers of upland cotton.’’.
(b) CONFORMING AMENDMENT.—Section 508(k)(4)(F) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)(F)) is amended by
inserting ‘‘or authorized under subsection (c)(4)(C) or section 508B’’
after ‘‘of this subparagraph’’.
SEC. 11018. PEANUT REVENUE CROP INSURANCE.

The Federal Crop Insurance Act is amended by inserting after
section 508B (as added by section 11017), the following:
7 USC 1508c.

‘‘SEC. 508C. PEANUT REVENUE CROP INSURANCE.

‘‘(a) IN GENERAL.—Effective beginning with the 2015 crop year,
the Risk Management Agency and the Corporation shall make
available to producers of peanuts a revenue crop insurance program
for peanuts.
‘‘(b) EFFECTIVE PRICE.—Subject to subsection (c), for purposes
of the revenue crop insurance program and the multiperil crop
insurance program under this Act, the effective price for peanuts
shall be equal to the Rotterdam price index for peanuts or other
appropriate price as determined by the Secretary, as adjusted to
reflect the farmer stock price of peanuts in the United States.
‘‘(c) ADJUSTMENTS.—
‘‘(1) IN GENERAL.—The effective price for peanuts established under subsection (b) may be adjusted by the Risk
Management Agency and the Corporation to correct distortions.
‘‘(2) ADMINISTRATION.—If an adjustment is made under
paragraph (1), the Risk Management Agency and the Corporation shall—
‘‘(A) make the adjustment in an open and transparent
manner; and
‘‘(B) 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 reasons for the adjustment.’’.
SEC. 11019. AUTHORITY TO CORRECT ERRORS.

Section 515(c) of the Federal Crop Insurance Act (7 U.S.C.
1515(c)) is amended—
(1) in the first sentence, by striking ‘‘The Secretary’’ and
inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’;
(2) in the second sentence, by striking ‘‘Beginning with’’
and inserting the following:
‘‘(2) FREQUENCY.—Beginning with’’; and
(3) by adding at the end the following:
‘‘(3) CORRECTIONS.—
‘‘(A) IN GENERAL.—In addition to the corrections permitted by the Corporation as of the day before the date
of enactment of the Agricultural Act of 2014, the Corporation shall establish procedures that allow an agent or an
approved insurance provider, subject to subparagraph (B)—
‘‘(i) within a reasonable amount of time following
the applicable sales closing date, to correct errors in

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 967

information that is provided by a producer for the
purpose of obtaining coverage under any policy or plan
of insurance made available under this subtitle to
ensure that the eligibility information is correct and
consistent with information reported by the producer
for other programs administered by the Secretary;
‘‘(ii) within a reasonable amount of time following—
‘‘(I) the acreage reporting date, to reconcile
errors in the information reported by the producer
with correct information determined from any
other program administered by the Secretary; or
‘‘(II) the date of any subsequent correction of
data by the Farm Service Agency made as a result
of the verification of information, to make conforming corrections; and
‘‘(iii) at any time, to correct electronic transmission
errors that were made by an agent or approved insurance provider, or such errors made by the Farm Service
Agency or any other agency of the Department of Agriculture in transmitting the information provided by
the producer for purposes of other programs of the
Department to the extent an agent or approved insurance provider relied upon the erroneous information
for crop insurance purposes.
‘‘(B) LIMITATION.—In accordance with the procedures
of the Corporation, correction to the information described
in clauses (i) and (ii) of subparagraph (A) may only be
made if the corrections do not allow the producer—
‘‘(i) to avoid ineligibility requirements for insurance
or obtain a disproportionate benefit under the crop
insurance program or any related program administered by the Secretary;
‘‘(ii) to obtain, enhance, or increase an insurance
guarantee or indemnity if a cause of loss exists or
has occurred before any correction has been made,
or avoid premium owed if no loss is likely to occur;
or
‘‘(iii) to avoid an obligation or requirement under
any Federal or State law.
‘‘(C) EXCEPTION TO LATE FILING SANCTIONS.—Any
corrections made within a reasonable amount of time, in
accordance with established procedures, pursuant to this
paragraph shall not be subject to any late filing sanctions
authorized in the reinsurance agreement with the Corporation.
‘‘(D) LATE PAYMENT OF DEBT.—In the case of a producer
that has inadvertently failed to pay a debt due as specified
by regulations of the Corporation and has been determined
to be ineligible for crop insurance pursuant to the terms
of the policy as a result of that failure, the Corporation
may determine to allow the producer to pay the debt and
purchase the crop insurance after the sales closing date,
in accordance with procedures and limitations established
by the Corporation.’’.

128 STAT. 968

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 11020. IMPLEMENTATION.

Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515)
is amended—
(1) in subsection (j), by striking paragraph (1) and inserting
the following:
‘‘(1) SYSTEMS MAINTENANCE AND UPGRADES.—
‘‘(A) IN GENERAL.—The Secretary shall maintain and
upgrade the information management systems of the Corporation used in the administration and enforcement of
this subtitle.
‘‘(B) REQUIREMENT.—
‘‘(i) IN GENERAL.—In maintaining and upgrading
the systems, the Secretary shall ensure that new hardware and software are compatible with the hardware
and software used by other agencies of the Department
to maximize data sharing and promote the purposes
of this section.
‘‘(ii) ACREAGE REPORT STREAMLINING INITIATIVE
PROJECT.—As soon as practicable, the Secretary shall
develop and implement an acreage report streamlining
initiative project to allow producers to report acreage
and other information directly to the Department.’’;
and
(2) in subsection (k), by striking paragraph (1) and inserting
the following:
‘‘(1) INFORMATION TECHNOLOGY.—
‘‘(A) IN GENERAL.—For purposes of subsection (j)(1),
the Corporation may use, from amounts made available
from the insurance fund established under section 516(c),
not more than—
‘‘(i)(I) for fiscal year 2014, $14,000,000; and
‘‘(II) for each of fiscal years 2015 through 2018,
$9,000,000; or
‘‘(ii) if the Acreage Crop Reporting Streamlining
Initiative (ACRSI) project is substantially completed
by September 30, 2015, not more than $14,000,000
for each of the fiscal years 2015 through 2018.
‘‘(B) NOTIFICATION.—The Secretary shall notify the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate of the substantial completion of the Acreage
Crop Reporting Streamlining Initiative (ACRSI) project not
later than July 1, 2015.’’.
SEC. 11021. CROP INSURANCE FRAUD.

Section 516(b)(2) of the Federal Crop Insurance Act (7 U.S.C.
1516(b)(2)) is amended by adding at the end the following:
‘‘(C) REVIEWS, COMPLIANCE, AND INTEGRITY.—
‘‘(i) IN GENERAL.—For each of the 2014 and subsequent reinsurance years, the Corporation may use the
insurance fund established under subsection (c), but
not to exceed $9,000,000 for each fiscal year, to pay
costs—
‘‘(I) to reimburse expenses incurred for the
operations and review of policies, plans of insurance, and related materials (including actuarial
and related information); and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 969

‘‘(II) to assist the Corporation in maintaining
program actuarial soundness and financial integrity.
‘‘(ii) SECRETARIAL ACTION.—For the purposes
described in clause (i), the Secretary may, without
further appropriation—
‘‘(I) merge some or all of the funds made available under this subparagraph into the accounts
of the Risk Management Agency; and
‘‘(II) obligate those funds.
‘‘(iii) MAINTENANCE OF FUNDING.—Funds made
available under this subparagraph shall be in addition
to other funds made available for costs incurred by
the Corporation or the Risk Management Agency.’’.
SEC. 11022. RESEARCH AND DEVELOPMENT PRIORITIES.

(a) AUTHORITY TO CONDUCT RESEARCH AND DEVELOPMENT,
PRIORITIES.—Section 522(c) of the Federal Crop Insurance Act (7
U.S.C. 1522(c)) is amended—
(1) in the subsection heading, by striking ‘‘CONTRACTING’’;
(2) in paragraph (1), in the matter preceding subparagraph
(A), by striking ‘‘may enter into contracts to carry out research
and development to’’ and inserting ‘‘may conduct activities or
enter into contracts to carry out research and development
to maintain or improve existing policies or develop new policies
to’’;
(3) in paragraph (2)—
(A) in subparagraph (A), by inserting ‘‘conduct research
and development or’’ after ‘‘The Corporation may’’; and
(B) in subparagraph (B), by inserting ‘‘conducting
research and development or’’ after ‘‘Before’’;
(4) in paragraph (5), by inserting ‘‘after expert review in
accordance with section 505(e)’’ after ‘‘approved by the Board’’;
(5) in paragraph (6), by striking ‘‘a pasture, range, and
forage program’’ and inserting ‘‘policies that increase participation by producers of underserved agricultural commodities,
including sweet sorghum, biomass sorghum, rice, peanuts,
sugarcane, alfalfa, pennycress, dedicated energy crops, and specialty crops’’;
(6) by redesignating paragraph (17) as paragraph (25);
and
(7) by inserting after paragraph (16), the following:
‘‘(17) MARGIN COVERAGE FOR CATFISH.—
‘‘(A) IN GENERAL.—The Corporation shall offer to enter
into a contract with a qualified entity to conduct research
and development regarding a policy to insure producers
against reduction in the margin between the market value
of catfish and selected costs incurred in the production
of catfish.
‘‘(B) ELIGIBILITY.—Eligibility for the policy described
in subparagraph (A) shall be limited to freshwater species
of catfish that are propagated and reared in controlled
or selected environments.
‘‘(C) IMPLEMENTATION.—The Board shall review the
policy described in subparagraph (B) under section 508(h)
and approve the policy if the Board finds that the policy—

128 STAT. 970

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(i) will likely result in a viable and marketable
policy consistent with this subsection;
‘‘(ii) would provide crop insurance coverage in a
significantly improved form;
‘‘(iii) adequately protects the interests of producers;
and
‘‘(iv) meets other requirements of this subtitle
determined appropriate by the Board.
‘‘(18) BIOMASS AND SWEET SORGHUM ENERGY CROP INSURANCE POLICIES.—
‘‘(A) IN GENERAL.—The Corporation shall offer to enter
into 1 or more contracts with qualified entities to carry
out research and development regarding—
‘‘(i) a policy to insure biomass sorghum that is
grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or
biobased products; and
‘‘(ii) a policy to insure sweet sorghum that is grown
for a purpose described in clause (i).
‘‘(B) RESEARCH AND DEVELOPMENT.—Research and
development with respect to each of the policies required
in subparagraph (A) shall evaluate the effectiveness of
risk management tools for the production of biomass sorghum or sweet sorghum, including policies and plans of
insurance that—
‘‘(i) are based on market prices and yields;
‘‘(ii) to the extent that insufficient data exist to
develop a policy based on market prices and yields,
evaluate the policies and plans of insurance based
on the use of weather indices, including excessive or
inadequate rainfall, to protect the interest of crop producers; and
‘‘(iii) provide protection for production or revenue
losses, or both.
‘‘(19) STUDY ON SWINE CATASTROPHIC DISEASE PROGRAM.—
‘‘(A) IN GENERAL.—The Corporation shall contract with
1 or more qualified entities to conduct a study to determine
the feasibility of insuring swine producers for a catastrophic
event.
‘‘(B) REPORT.—Not later than 1 year after the date
of the enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes
the results of the study conducted under subparagraph
(A).
‘‘(20) WHOLE FARM DIVERSIFIED RISK MANAGEMENT INSURANCE PLAN.—
‘‘(A) IN GENERAL.—Unless the Corporation approves
a whole farm insurance plan, similar to the plan described
in this paragraph, to be available to producers for the
2016 reinsurance year, the Corporation shall conduct activities or enter into contracts to carry out research and
development to develop a whole farm risk management
insurance plan, with a liability limitation of $1,500,000,
that allows a diversified crop or livestock producer the
option to qualify for an indemnity if actual gross farm

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 971

revenue is below 85 percent of the average gross farm
revenue or the expected gross farm revenue that can
reasonably be expected of the producer, as determined by
the Corporation.
‘‘(B) ELIGIBLE PRODUCERS.—The Corporation shall
permit producers (including direct-to-consumer marketers
and producers servicing local and regional and farm
identity-preserved markets) who produce multiple agricultural commodities, including specialty crops, industrial
crops, livestock, and aquaculture products, to participate
in the plan developed under subparagraph (A) in lieu of
any other plan under this subtitle.
‘‘(C) DIVERSIFICATION.—The Corporation may provide
diversification-based additional coverage payment rates,
premium discounts, or other enhanced benefits in recognition of the risk management benefits of crop and livestock
diversification strategies for producers that—
‘‘(i) grow multiple crops; or
‘‘(ii) may have income from the production of livestock that uses a crop grown on the farm.
‘‘(D) MARKET READINESS.—The Corporation may
include coverage for the value of any packing, packaging,
or any other similar on-farm activity the Corporation determines to be the minimum required in order to remove
the commodity from the field.
‘‘(21) STUDY ON POULTRY CATASTROPHIC DISEASE PROGRAM.—
‘‘(A) IN GENERAL.—The Corporation shall contract with
a qualified person to conduct a study to determine the
feasibility of insuring poultry producers for a catastrophic
event.
‘‘(B) REPORT.—Not later than 1 year after the date
of the enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes
the results of the study conducted under subparagraph
(A).
‘‘(22) POULTRY BUSINESS INTERRUPTION INSURANCE
POLICY.—
‘‘(A) DEFINITIONS.—In this paragraph, the terms
‘poultry’ and ‘poultry grower’ have the meanings given
those terms in section 2(a) of the Packers and Stockyards
Act, 1921 (7 U.S.C. 182(a)).
‘‘(B) AUTHORITY.—The Corporation shall offer to enter
into a contract or cooperative agreement with an institution
of higher education or other legal entity to carry out
research and development regarding a policy to insure
the commercial production of poultry against business
interruptions caused by integrator bankruptcy.
‘‘(C) RESEARCH AND DEVELOPMENT.—As part of the
research and development conducted pursuant to a contract
or cooperative agreement entered into under subparagraph
(B), the entity shall—
‘‘(i) evaluate the market place for business
interruption insurance that is available to poultry
growers;

128 STAT. 972

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(ii) determine what statutory authority would be
necessary to implement a business interruption insurance through the Corporation;
‘‘(iii) assess the feasibility of a policy or plan of
insurance offered under this subtitle to insure against
a portion of losses due to business interruption or
to the bankruptcy of an business integrator; and
‘‘(iv) analyze the costs to the Federal Government
of a Federal business interruption insurance program
for poultry growers or producers.
‘‘(D) DEADLINE FOR CONTRACT OR COOPERATIVE AGREEMENT.—Not later than 180 days after the date of enactment
of this paragraph, the Corporation shall offer to enter into
the contract or cooperative agreement required by subparagraph (B).
‘‘(E) DEADLINE FOR COMPLETION OF RESEARCH AND
DEVELOPMENT.—Not later than 1 year after the date of
enactment of this paragraph, the Corporation shall submit
to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the results
of the research and development conducted pursuant to
the contract or cooperative agreement entered into under
subparagraph (B).]
‘‘(23) STUDY OF FOOD SAFETY INSURANCE.—
‘‘(A) IN GENERAL.—The Corporation shall offer to enter
into a contract with 1 or more qualified entities to conduct
a study to determine whether offering policies that provide
coverage for specialty crops from food safety and contamination issues would benefit agricultural producers.
‘‘(B) SUBJECT.—The study described in subparagraph
(A) shall evaluate policies and plans of insurance coverage
that provide protection for production or revenue impacted
by food safety concerns including, at a minimum, government, retail, or national consumer group announcements
of a health advisory, removal, or recall related to a contamination concern.
‘‘(C) REPORT.—Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes
the results of the study conducted under subparagraph
(A).’’.
‘‘(24) ALFALFA CROP INSURANCE POLICY.—
‘‘(A) IN GENERAL.—The Corporation shall offer to enter
into 1 or more contracts with qualified entities to carry
out research and development regarding a policy to insure
alfalfa.
‘‘(B) REPORT.—Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes
the results of the study conducted under subparagraph
(A).’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 973

(b) FUNDING.—Section 522(e) of the Federal Crop Insurance
Act (7 U.S.C. 1522(e)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A)—
(i) in the subparagraph heading, by striking
‘‘AUTHORITY.—’’ and inserting ‘‘CONDUCTING AND CONTRACTING FOR RESEARCH AND DEVELOPMENT.—’’; and
(ii) by inserting ‘‘conduct research and development
and’’ after ‘‘the Corporation may use to’’; and
(B) in subparagraph (B), by inserting ‘‘conduct research
and development and’’ after ‘‘for the fiscal year to’’;
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ‘‘to provide either reimbursement payments
or contract payments’’; and
(3) by striking paragraph (4).
SEC. 11023. CROP INSURANCE FOR ORGANIC CROPS.

(a) IN GENERAL.—Section 508(c)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(6)) is amended by adding at the end
the following:
‘‘(D) ORGANIC CROPS.—
‘‘(i) IN GENERAL.—As soon as possible, but not later
than the 2015 reinsurance year, the Corporation shall
offer producers of organic crops price elections for all
organic crops produced in compliance with standards
issued by the Department of Agriculture under the
national organic program established under the
Organic Foods Production Act of 1990 (7 U.S.C. 6501
et seq.) that reflect the actual retail or wholesale prices,
as appropriate, received by producers for organic crops,
as determined by the Secretary using all relevant
sources of information.
‘‘(ii) ANNUAL REPORT.—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 an annual report
on progress made in developing and improving Federal
crop insurance for organic crops, including—
‘‘(I) the numbers and varieties of organic crops
insured;
‘‘(II) the progress of implementing the price
elections required under this subparagraph,
including the rate at which additional price elections are adopted for organic crops;
‘‘(III) the development of new insurance
approaches relevant to organic producers; and
‘‘(IV) any recommendations the Corporation
considers appropriate to improve Federal crop
insurance coverage for organic crops.’’.
(b) CONFORMING AMENDMENT.—Section 522(c) of the Federal
Crop Insurance Act (7 U.S.C. 1522(c)) (as amended by section
11022) is amended—
(1) by striking paragraph (10); and
(2) by redesignating paragraphs (11) through (25) as paragraphs (10) through (24), respectively.

128 STAT. 974

PUBLIC LAW 113–79—FEB. 7, 2014

SEC. 11024. PROGRAM COMPLIANCE PARTNERSHIPS.

(a) IN GENERAL.—Section 522(d) of the Federal Crop Insurance
Act (7 U.S.C. 1522(d)) is amended by striking paragraph (1) and
inserting the following:
‘‘(1) PURPOSE.—The purpose of this subsection is to
authorize the Corporation to enter into partnerships with public
and private entities for the purpose of either—
‘‘(A) increasing the availability of loss mitigation, financial, and other risk management tools for producers, with
a priority given to risk management tools for producers
of agricultural commodities covered by section 196 of the
Agricultural Market Transition Act (7 U.S.C. 7333), specialty crops, and underserved agricultural commodities; or
‘‘(B) improving analysis tools and technology regarding
compliance or identifying and using innovative compliance
strategies.’’.
(b) OBJECTIVES.—Section 522(d)(3) of the Federal Crop Insurance Act (7 U.S.C. 1522(d)(3)) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ at the end;
(2) by redesignating subparagraph (G) as subparagraph
(H); and
(3) by inserting after subparagraph (F) the following:
‘‘(G) to improve analysis tools and technology regarding
compliance or identifying and using innovative compliance
strategies; and’’.
SEC. 11025. PILOT PROGRAMS.

Section 523(a) of the Federal Crop Insurance Act (7 U.S.C.
1523(a)) is amended—
(1) in paragraph (1), by inserting ‘‘, at the sole discretion
of the Corporation,’’ after ‘‘may’’; and
(2) by striking paragraph (5).

SEC. 11026. INDEX-BASED WEATHER INSURANCE PILOT PROGRAM.

Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523)
is amended by adding at the end the following:
‘‘(i) UNDERSERVED CROPS AND REGIONS PILOT PROGRAMS.—
‘‘(1) DEFINITION OF LIVESTOCK COMMODITY.—In this subsection, the term ‘livestock commodity’ includes cattle, sheep,
swine, goats, and poultry, including pasture, rangeland, and
forage as a source of feed for that livestock.
‘‘(2) AUTHORIZATION.—Notwithstanding subsection (a)(2),
the Corporation may conduct 2 or more pilot programs to provide producers of underserved specialty crops and livestock
commodities with index-based weather insurance, subject to
the requirements of this section.
‘‘(3) REVIEW AND APPROVAL OF SUBMISSIONS.—
‘‘(A) IN GENERAL.—The Board shall approve 2 or more
proposed policies or plans of insurance from approved insurance providers if the Board determines that the policies
or plans provide coverage as specified in paragraph (2),
and meet the conditions described in this paragraph
‘‘(B) REQUIREMENTS.—To be eligible for approval under
this subsection, the approved insurance provider shall
have—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 975

‘‘(i) adequate experience underwriting and administering policies or plans of insurance that are comparable to the proposed policy or plan of insurance;
‘‘(ii) sufficient assets or reinsurance to satisfy the
underwriting obligations of the approved insurance
provider, and possess a sufficient insurance credit
rating from an appropriate credit rating bureau, in
accordance with Board procedures; and
‘‘(iii) applicable authority and approval from each
State in which the approved insurance provider intends
to sell the insurance product.
‘‘(C) REVIEW REQUIREMENTS.—In reviewing applications under this subsection, the Board shall conduct the
review in a manner consistent with the standards, rules,
and procedures for policies or plans of insurance submitted
under section 508(h) and the actuarial soundness requirements applied to other policies and plans of insurance
made available under this subtitle.
‘‘(D) PRIORITIZATION.—The Board shall prioritize
applications that provide a new kind of coverage for specialty crops and livestock commodities that previously had
no available crop insurance, or has demonstrated a low
level of participation under existing coverage.
‘‘(4) PAYMENT OF PREMIUM SUPPORT.—
‘‘(A) IN GENERAL.—The Corporation shall pay a portion
of the premium for producers that purchase a policy or
plan of insurance approved pursuant to this subsection.
‘‘(B) AMOUNT.—The premium subsidy shall provide a
similar dollar amount of premium subsidy per acre that
the Corporation pays for comparable policies or plans of
insurance reinsured under this subtitle, except that in no
case shall the premium subsidy exceed 60 percent of total
premium, as determined by the Corporation.
‘‘(C) CALCULATION.—The premium subsidy, as determined by the Corporation, shall be calculated as—
‘‘(i) a percentage of premium;
‘‘(ii) a percentage of expected loss determined
pursuant to a reasonable actuarial methodology; or
‘‘(iii) a fixed dollar amount per acre.
‘‘(D) PAYMENT.—Subject to subparagraphs (B) and (C),
the premium subsidy under this subsection shall be paid
by the Corporation in the same manner and under the
same terms and conditions as premium subsidy for other
policies and plans of insurance.
‘‘(E) OPERATING AND ADMINISTRATIVE EXPENSE PAYMENTS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), operating
and administrative expense payments may be made
for policies and plans of insurance approved under
this subsection in an amount that is commensurate
with similar policies and plans of insurance reinsured
under this subtitle, on the condition that the operating
and administrative expenses are not included in premiums.
‘‘(ii) LIMITATION.—Subject to subparagraph (F)(i),
Federal reinsurance, research and development costs,
other reimbursements, or maintenance fees shall not

128 STAT. 976

PUBLIC LAW 113–79—FEB. 7, 2014
be provided or collected for policies and plans of insurance approved under this subsection.
‘‘(F) APPROVED INSURANCE PROVIDERS.—Any policy or
plan of insurance approved under this subsection may be
sold only by the approved insurance provider that submits
the application and by any additional approved insurance
provider that—
‘‘(i) agrees to pay maintenance fees or other payments to the approved insurance provider that submitted the application in an amount agreed to by the
applicant and the additional approved insurance provider, on the condition that the fees or payments shall
be reasonable and appropriate to ensure that the policies or plans of insurance may be made available by
additional approved insurance providers; and
‘‘(ii) meets the eligibility criteria of paragraph
(3)(B), as determined by the Board.
‘‘(G) RELATIONSHIP
TO
OTHER
PROVISIONS.—The
requirements of this paragraph shall apply notwithstanding
paragraph (6).
‘‘(5) OVERSIGHT.—The Corporation shall develop and publish procedures to administer policies or plans of insurance
approved under this subsection that—
‘‘(A) require each approved insurance provider to report
sales, acreage and claim data, and any other data that
the Corporation determines to be appropriate, to allow
the Corporation to evaluate sales and performance of the
product; and
‘‘(B) contain such other requirements as the Corporation determines necessary to ensure that the products—
‘‘(i) do not have a significant adverse impact on
the crop insurance delivery system;
‘‘(ii) are in the best interests of producers; and
‘‘(iii) do not result in a reduction of program integrity.
‘‘(6) CONFIDENTIALITY.—
‘‘(A) IN GENERAL.—All reports required under paragraph (5) and all other proprietary information and data
generated or derived from applicants under this subsection
shall be considered to be confidential commercial or financial information for the purposes of section 552(b)(4) of
title 5, United States Code.
‘‘(B) STANDARD.—If information concerning a proposal
could be withheld by the Secretary under the standard
for privileged or confidential information pertaining to
trade secrets and commercial or financial information
under section 552(b)(4) of title 5, United States Code, the
information shall not be released to the public.
‘‘(7) INELIGIBLE PURPOSES.—In no case shall a policy or
plan of insurance made available under this subsection provide
coverage substantially similar to privately available hail insurance.
‘‘(8) FUNDING.—
‘‘(A) LIMITATION ON EXPENDITURES.—Notwithstanding
any other provision in this subsection, of the funds of
the Corporation, the Corporation shall use to carry out
this section not more than $12,500,000 for each of fiscal

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 977

years 2015 through 2018, to remain available until
expended.
‘‘(B) RELATION TO OTHER PROGRAMS.—The amount of
funds made available under this section shall be in addition
to amounts made available under other provisions of this
subtitle, including amounts made available under subsection (b).’’.
SEC. 11027. ENHANCING PRODUCER SELF-HELP THROUGH FARM
FINANCIAL BENCHMARKING.

(a) DEFINITION.—Section 502(b) of the Federal Crop Insurance
Act (7 U.S.C. 1502(b)) (as amended by section 11016(a)(1)) is
amended—
(1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following:
‘‘(7) FARM FINANCIAL BENCHMARKING.—The term ‘farm
financial benchmarking’ means—
‘‘(A) the process of comparing the performance of an
agricultural enterprise against the performance of other
similar enterprises, through the use of comparable and
reliable data, in order to identify business management
strengths, weaknesses, and steps necessary to improve
management performance and business profitability; and
‘‘(B) benchmarking of the type conducted by farm
management and producer associations consistent with the
activities described in or funded pursuant to section 1672D
of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925f).’’.
(b) PARTNERSHIPS FOR RISK MANAGEMENT FOR PRODUCERS OF
SPECIALTY CROPS AND UNDERSERVED AGRICULTURAL COMMODITIES.—Section 522(d)(3)(F) of the Federal Crop Insurance Act (7
U.S.C. 1522(d)(3)(F)) is amended by inserting ‘‘farm financial
benchmarking,’’ after ‘‘management,’’.
(c) CROP INSURANCE EDUCATION AND RISK MANAGEMENT
ASSISTANCE.—Section 524(a) of the Federal Crop Insurance Act
(7 U.S.C. 1524(a)) is amended—
(1) in paragraph (3)(A), by inserting ‘‘farm financial
benchmarking,’’ after ‘‘risk reduction,’’; and
(2) in paragraph (4), in the matter preceding subparagraph
(A), by inserting ‘‘(including farm financial benchmarking)’’
after ‘‘management strategies’’.
SEC. 11028. TECHNICAL AMENDMENTS.

(a) Section 508 of the Federal Crop Insurance Act (7 U.S.C.
1508) is amended—
(1) in subsection (b)—
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively;
(2) in subsection (e)(2), in the matter preceding subparagraph (A), by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraphs (3), (6), and (7)’’; and
(3) in subsection (k)(8)(C), by striking ‘‘subparagraph
(A)(iii)’’ and inserting ‘‘subparagraph (A)(ii)’’.
(b) Section 522 of the Federal Crop Insurance Act (7 U.S.C.
1522) is amended—

128 STAT. 978

PUBLIC LAW 113–79—FEB. 7, 2014

(1) in subsection (b)(4)(A), by striking ‘‘paragraphs (1)’’
and inserting ‘‘paragraph (1)’’; and
(2) in subsection (e)(1), by adding a period at the end.
(c) Section 531(d)(3)(A) of the Federal Crop Insurance Act (7
U.S.C. 1531(d)(3)(A)) is amended—
(1) by striking ‘‘(A) ELIGIBLE LOSSES.—’’ and all that follows
through ‘‘An eligible’’ in clause (i) and inserting the following:
‘‘(A) ELIGIBLE LOSSES.—An eligible’’;
(2) by striking clause (ii); and
(3) by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively, and indenting appropriately.
(d) Section 901(d)(3)(A) of the Trade Act of 1974 (19 U.S.C.
2497(d)(3)(A)) is amended—
(1) by striking ‘‘(A) ELIGIBLE LOSSES.—’’ and all that follows
through ‘‘An eligible’’ in clause (i) and inserting the following:
‘‘(A) ELIGIBLE LOSSES.—An eligible’’;
(2) by striking clause (ii); and
(3) by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively, and indenting appropriately.

TITLE XII—MISCELLANEOUS
Subtitle A—Livestock
7 USC 8304 note.

SEC. 12101. TRICHINAE CERTIFICATION PROGRAM.

(a) ALTERNATIVE CERTIFICATION PROCESS.—The Secretary of
Agriculture shall amend the rule made under paragraph (2) of
section 11010(a) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8304(a)) to implement the voluntary trichinae certification program established under paragraph (1) of such section,
to include a requirement to establish an alternative trichinae certification process based on surveillance or other methods consistent
with international standards for categorizing compartments as
having negligible risk for trichinae.
(b) FINAL REGULATIONS.—Not later than one year after the
date on which the international standards referred to in subsection
(a) are adopted, the Secretary shall finalize the rule amended
under such subsection.
(c) REAUTHORIZATION.—Section 10405(d)(1) of the Animal
Health Protection Act (7 U.S.C. 8304(d)(1)) is amended in subparagraphs (A) and (B) by striking ‘‘2012’’ each place it appears and
inserting ‘‘2018’’.
SEC. 12102. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.

(a) IN GENERAL.—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:

7 USC 1627a.

‘‘SEC. 209. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.

‘‘(a) ESTABLISHMENT.—The Secretary of Agriculture, acting
through the Administrator of the Agricultural Marketing Service,
shall establish a competitive grant program for the purposes of
strengthening and enhancing the production and marketing of sheep
and sheep products in the United States, including through—
‘‘(1) the improvement of—
‘‘(A) infrastructure;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 979

‘‘(B) business; and
‘‘(C) resource development; and
‘‘(2) the development of innovative approaches to solve longterm needs.
‘‘(b) ELIGIBILITY.—The Secretary shall make grants under this
section to at least one national entity, the mission of which is
consistent with the purpose of the grant program.
‘‘(c) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000
for fiscal year 2014, to remain available until expended.’’.
(b) CONFORMING AMENDMENT.—Section 375 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2008j) (as in existence
on the day before the date of the enactment of this Act) is—
(1) amended in subsection (e)—
(A) in paragraph (3)(D), by striking ‘‘3 percent’’ and
inserting ‘‘10 percent’’; and
(B) by striking paragraph (6);
(2) redesignated as section 210 of the Agricultural Marketing Act of 1946; and
(3) moved so as to appear at the end of subtitle A of
that Act (as amended by subsection (a)).
SEC. 12103. NATIONAL AQUATIC ANIMAL HEALTH PLAN.

Section 11013(d) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8322(d)) is amended by striking ‘‘2012’’ and
inserting ‘‘2018’’.

SEC. 12104. COUNTRY OF ORIGIN LABELING.

(a) ECONOMIC ANALYSIS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Agriculture,
acting through the Office of the Chief Economist, shall conduct
an economic analysis of the final rule entitled ‘‘Mandatory
Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat
Meat, Wild and Farm-raised Fish and Shellfish, Perishable
Agricultural Commodities, Peanuts, Pecans, Ginseng and Macadamia Nuts’’ published by the Department of Agriculture on
May 24, 2013 (78 Fed. Reg. 31367) that makes certain amendments to parts 60 and 65 of title 7, Code of Federal Regulations.
(2) CONTENTS.—The economic analysis described in subsection (a) shall include, with respect to the labeling of beef,
pork, and chicken, an analysis of the impact on consumers,
producers, and packers in the United States of—
(A) the implementation of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.); and
(B) the final rule referred to in subsection (a).
(b) APPLYING COUNTRY OF ORIGIN LABELING REQUIREMENTS
TO VENISON.—
(1) DEFINITION OF COVERED COMMODITY.—Section 281(2)(A)
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(2)(A))
is amended—
(A) in clause (i), by striking ‘‘and pork’’ and inserting
‘‘pork, and venison’’; and
(B) in clause (ii), by striking ‘‘and ground pork’’ and
inserting ‘‘ground pork, and ground venison’’.
(2) NOTICE OF COUNTRY OF ORIGIN.—Section 282(a)(2) of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)(2))
is amended—

7 USC 1627b.

128 STAT. 980

PUBLIC LAW 113–79—FEB. 7, 2014
(A) in the heading, by striking ‘‘AND GOAT’’ and
inserting ‘‘GOAT, AND VENISON’’;
(B) by striking ‘‘or goat’’ and inserting ‘‘goat, or venison’’ each place it appears in subparagraphs (A), (B), (C),
and (D); and
(C) in subparagraph (E)—
(i) in the heading, by striking ‘‘AND GOAT’’ and
inserting ‘‘GOAT, AND VENISON’’; and
(ii) by striking ‘‘or ground goat’’ each place it
appears and inserting ‘‘ground goat, or ground venison’’.

SEC. 12105. NATIONAL ANIMAL HEALTH LABORATORY NETWORK.

The Animal Health Protection Act is amended by inserting
after section 10409 (7 U.S.C. 8308) the following new section:
‘‘SEC. 10409A. NATIONAL ANIMAL HEALTH LABORATORY NETWORK.

‘‘(a) DEFINITION OF ELIGIBLE LABORATORY.—In this section, the
term ‘eligible laboratory’ means a diagnostic laboratory that meets
specific criteria developed by the Secretary, in consultation with
State animal health officials, State veterinary diagnostic laboratories, and veterinary diagnostic laboratories at institutions of
higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)).
‘‘(b) IN GENERAL.—The Secretary, in consultation with State
veterinarians, shall offer to enter into contracts, grants, cooperative
agreements, or other legal instruments with eligible laboratories
for any of the following purposes:
‘‘(1) To enhance the capability of the Secretary to respond
in a timely manner to emerging or existing bioterrorist threats
to animal health.
‘‘(2) To provide the capacity and capability for standardized—
‘‘(A) test procedures, reference materials, and equipment;
‘‘(B) laboratory biosafety and biosecurity levels;
‘‘(C) quality management system requirements;
‘‘(D) interconnected electronic reporting and transmission of data; and
‘‘(E) evaluation for emergency preparedness.
‘‘(3) To coordinate the development, implementation, and
enhancement of national veterinary diagnostic laboratory
capabilities, with special emphasis on surveillance planning
and vulnerability analysis, technology development and validation, training, and outreach.
‘‘(c) PRIORITY.—To the extent practicable and to the extent
capacity and specialized expertise may be necessary, the Secretary
shall give priority to existing Federal facilities, State facilities,
and facilities at institutions of higher education.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $15,000,000 for each
of fiscal years 2014 through 2018.’’.
SEC. 12106. FOOD SAFETY INSPECTION.

(a) INSPECTIONS.—
(1) IN GENERAL.—Section 1(w) of the Federal Meat Inspection Act (21 U.S.C. 601(w)) is amended by striking paragraph
(2) and inserting the following:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 981

‘‘(2) all fish of the order Siluriformes; and’’.
(2) CONDITIONS.—Section 6 of the Federal Meat Inspection
Act (21 U.S.C. 606) is amended by striking subsection (b) and
inserting the following:
‘‘(b) CERTAIN FISH.—In the case of an examination and inspection under subsection (a) of a meat food product derived from
any fish described in section 1(w)(2), the Secretary shall take into
account the conditions under which the fish is raised and transported to a processing establishment.’’.
(3) INAPPLICABILITY.—Section 25 of the Federal Meat
Inspection Act (21 U.S.C. 625) is amended by striking ‘‘not
apply’’ and all that follows and inserting ‘‘not apply to any
fish described in section 1(w)(2).’’.
(4) CONFORMING AMENDMENT.—Section 203(n) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(n)) is amended
by striking paragraph (1) and inserting the following:
‘‘(1) all fish of the order Siluriformes; and’’.
(b) IMPLEMENTATION.—
(1) IN GENERAL.—The Secretary shall—
(A) not later than 60 days after the date of enactment
of this Act, issue final regulations to carry out the amendments made by section 11016(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122
Stat. 2130), as further clarified by the amendments made
by this section; and
(B) not later than 1 year after the date of enactment
of this Act, implement the amendments described in
subparagraph (A).
(2) NOTIFICATION.—Beginning 30 days after the date of
enactment of this Act and every 30 days thereafter until the
date of full implementation of the amendments described in
paragraph (1)(A), the Secretary shall submit a report describing
the status of implementation to—
(A) the Committee on Agriculture of the House of Representatives;
(B) the Committee on Agriculture, Nutrition and Forestry of the Senate;
(C) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
of the Committee on Appropriations of the House of Representatives; and
(D) the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate.
(3) PROCEDURE.—Section 1601(c)(2) applies to the
promulgation of the regulations and administration of this section and the amendments made by this section.
(4) CONFORMING AMENDMENT.—Section 11016(b) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110–
246; 122 Stat. 2130) is amended by striking paragraph (2)
and inserting the following:
‘‘(2) IMPLEMENTATION.—
‘‘(A) REGULATIONS.—Not later than 60 days after the
date of enactment of the Agricultural Act of 2014, the
Secretary, in consultation with the Commissioner of Food
and Drugs, shall issue final regulations to carry out the
amendments made by paragraph (1) and section 12106

21 USC 601 note.

21 USC 601 note.

128 STAT. 982

21 USC 601 note.

7 USC 8308 note.

PUBLIC LAW 113–79—FEB. 7, 2014

of that Act in a manner that ensures that there is no
duplication in inspection activities.
‘‘(B) INTERAGENCY COORDINATION.—Not later than 60
days after the date of enactment of the Agricultural Act
of 2014, the Secretary shall execute a memorandum of
understanding with the Commissioner of Food and Drugs
for the following purposes:
‘‘(i) To improve interagency cooperation on food
safety and fraud prevention, building upon any other
prior agreements, including provisions, performance
metrics, and timelines as appropriate.
‘‘(ii) To maximize the effectiveness of limited personnel and resources by ensuring that—
‘‘(I) inspections conducted by the Department
satisfy requirements under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
‘‘(II) inspections of shipments and processing
facilities for fish of the order Siluriformes by the
Department and the Food and Drug Administration are not duplicative; and
‘‘(III) any information resulting from examination, testing, and inspections conducted is considered in making risk-based determinations,
including the establishment of inspection priorities.’’.
(c) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect as if enacted as part of section
11016(b) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110–246; 122 Stat. 2130).
SEC. 12107. NATIONAL POULTRY IMPROVEMENT PLAN.

The Secretary of Agriculture shall ensure that the Department
of Agriculture continues to administer the diagnostic surveillance
program for H5/H7 low pathogenic avian influenza with respect
to commercial poultry under section 146.14 of title 9, Code of
Federal Regulations (or a successor regulation), without amending
the regulations in section 147.43 of title 9, Code of Federal Regulations (as in effect on the date of the enactment of this Act), with
respect to the governance of the General Conference Committee
established under such section. The Secretary of Agriculture shall
maintain—
(1) the operations of the General Conference Committee—
(A) in the physical location at which the Committee
was located on the date of the enactment of this Act;
and
(B) with the organizational structure within the
Department of Agriculture in effect as of such date; and
(2) the funding levels for the National Poultry Improvement
Plan for Commercial Poultry (established under part 146 of
title 9, Code of Federal Regulations, or a successor regulation)
at the fiscal year 2013 funding levels for the Plan.
SEC. 12108. SENSE OF CONGRESS REGARDING FERAL SWINE ERADICATION.

It is the sense of the Congress that—
(1) the Secretary of Agriculture should recognize the threat
feral swine pose to the domestic swine population and the
entire agriculture industry; and

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 983

(2) feral swine eradication is a high priority that the Secretary should carry out under the authorities of the Animal
Health Protection Act (7 U.S.C. 8301 et seq.).

Subtitle B—Socially Disadvantaged Producers and Limited Resource Producers
SEC. 12201. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS AND VETERAN
FARMERS AND RANCHERS.

(a) OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED
FARMERS AND RANCHERS AND VETERAN FARMERS AND RANCHERS.—
Section 2501 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279) is amended—
(1) in the section heading, by inserting ‘‘AND VETERAN
FARMERS AND RANCHERS’’ after ‘‘RANCHERS’’;
(2) in subsection (a)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘and veteran farmers or ranchers’’
after ‘‘ranchers’’;
(B) in paragraph (2)(B)(i), by inserting ‘‘and veteran
farmers or ranchers’’ after ‘‘ranchers’’; and
(C) in paragraph (4)—
(i) in subparagraph (A)—
(I) in the subparagraph heading, by striking
‘‘2012’’ and inserting ‘‘2018’’;
(II) in clause (i), by striking ‘‘and’’ at the end;
(III) in clause (ii), by striking the period at
the end and inserting ‘‘; and’’; and
(IV) by adding at the end the following new
clause:
‘‘(iii) $10,000,000 for each of fiscal years 2014
through 2018.’’; and
(ii) by adding at the end the following new
subparagraph:
‘‘(E) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2014 through 2018.’’;
(3) in subsection (b)(2), by inserting ‘‘or veteran farmers
and ranchers’’ after ‘‘socially disadvantaged farmers and
ranchers’’;
(4) in subsection (c)—
(A) in paragraph (1)(A), by inserting ‘‘veteran farmers
or ranchers and’’ before ‘‘members’’; and
(B) in paragraph (2)(A), by inserting ‘‘veteran farmers
or ranchers and’’ before ‘‘members’’; and
(5) in subsection (e)(5)(A)—
(A) in clause (i), by inserting ‘‘and veteran farmers
or ranchers’’ after ‘‘ranchers’’; and
(B) in clause (ii), by inserting ‘‘and veteran farmers
or ranchers’’ after ‘‘ranchers’’.
(b) DEFINITION OF VETERAN FARMER OR RANCHER.—Section
2501(e) of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(e)) is amended by adding at the end the
following new paragraph:

128 STAT. 984

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(7) VETERAN FARMER OR RANCHER.—The term ‘veteran
farmer or rancher’ means a farmer or rancher who has served
in the Armed Forces (as defined in section 101(10) of title
38 United States Code) and who—
‘‘(A) has not operated a farm or ranch; or
‘‘(B) has operated a farm or ranch for not more than
10 years.’’.

SEC. 12202. OFFICE OF ADVOCACY AND OUTREACH.

Paragraph (3) of section 226B(f) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(f)) is amended
to read as follows:
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subsection—
‘‘(A) such sums as are necessary for each of fiscal
years 2009 through 2013; and
‘‘(B) $2,000,000 for each of fiscal years 2014 through
2018.’’.
SEC. 12203. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS
POLICY RESEARCH CENTER.

Section 2501 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279), as amended by section 12201, is
amended by adding at the end the following new subsection:
‘‘(i) SOCIALLY DISADVANTAGED FARMERS AND RANCHERS POLICY
RESEARCH CENTER.—The Secretary shall award a grant to a college
or university eligible to receive funds under the Act of August
30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University,
to establish a policy research center to be known as the ‘Socially
Disadvantaged Farmers and Ranchers Policy Research Center’ for
the purpose of developing policy recommendations for the protection
and promotion of the interests of socially disadvantaged farmers
and ranchers.’’.
SEC. 12204. RECEIPT FOR SERVICE OR DENIAL OF SERVICE FROM
CERTAIN DEPARTMENT OF AGRICULTURE AGENCIES.

Section 2501A(e) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279–1(e)) is amended by striking
‘‘and, at the time of the request, also requests a receipt’’.

Subtitle C—Other Miscellaneous
Provisions
SEC. 12301. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFETY, AND
TRAINING OF AGRICULTURAL LABOR FORCE.

Subsection (d) of section 14204 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 2008q–1) is amended to read as
follows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) such sums as are necessary for each of fiscal years
2008 through 2013; and
‘‘(2) $10,000,000 for each of fiscal years 2014 through
2018.’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 985

SEC. 12302. PROGRAM BENEFIT ELIGIBILITY STATUS FOR PARTICIPANTS IN HIGH PLAINS WATER STUDY.

Section 2901 of the Food, Conservation, and Energy Act of
2008 (Public Law 110–246; 122 Stat. 1818) is amended by striking
‘‘this Act or an amendment made by this Act’’ and inserting ‘‘this
Act, an amendment made by this Act, the Agricultural Act of
2014, or an amendment made by the Agricultural Act of 2014’’.

SEC. 12303. OFFICE OF TRIBAL RELATIONS.

Title III of the Federal Crop Insurance Reform and Department
of Agriculture Reorganization Act of 1994 is amended by adding
after section 308 (7 U.S.C. 3125a note; Public Law 103–354) the
following new section:

‘‘SEC. 309. OFFICE OF TRIBAL RELATIONS.

‘‘The Secretary shall maintain in the Office of the Secretary
an Office of Tribal Relations, which shall advise the Secretary
on policies related to Indian tribes and carry out such other functions as the Secretary considers appropriate.’’.

7 USC 6921.

SEC. 12304. MILITARY VETERANS AGRICULTURAL LIAISON.

Subtitle A of the Department of Agriculture Reorganization
Act of 1994 is amended by inserting after section 218 (7 U.S.C.
6918) the following new section:

‘‘SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON.

‘‘(a) AUTHORIZATION.—The Secretary shall establish in the
Department the position of Military Veterans Agricultural Liaison.
‘‘(b) DUTIES.—The Military Veterans Agricultural Liaison
shall—
‘‘(1) provide information to returning veterans about, and
connect returning veterans with, beginning farmer training
and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans,
including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming
or ranching career;
‘‘(2) provide information to veterans concerning the availability of, and eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning
farmer and rancher programs;
‘‘(3) serve as a resource for assisting veteran farmers and
ranchers, and potential farmers and ranchers, in applying for
participation in agricultural programs; and
‘‘(4) advocate on behalf of veterans in interactions with
employees of the Department.
‘‘(c) CONTRACTS AND COOPERATIVE AGREEMENTS.—For purposes
of carrying out the duties under subsection (b), the Military Veterans Agricultural Liaison may enter into contracts or cooperative
agreements with the research centers of the Agricultural Research
Service, 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 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;

7 USC 6919.

128 STAT. 986

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(4) the conduct of mentoring activities; or
‘‘(5) the provision of internship opportunities.’’.

SEC. 12305. NONINSURED CROP ASSISTANCE PROGRAM.

(a) IN GENERAL.—Section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—
‘‘(A) COVERAGES.—In the case of an eligible crop
described in paragraph (2), the Secretary of Agriculture
shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other
than for value-loss crops) equivalent to—
‘‘(i) catastrophic risk protection available under
section 508(b) of the Federal Crop Insurance Act (7
U.S.C. 1508(b)); or
‘‘(ii) except in the case of crops and grasses used
for grazing, additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C.
1508) that does not exceed 65 percent, as described
in subsection (l).
‘‘(B) ADMINISTRATION.—The Secretary shall carry out
this section through the Farm Service Agency (referred
to in this section as the ‘Agency’).’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i), by striking ‘‘and’’ after the
semicolon at the end;
(II) by redesignating clause (ii) as clause (iii);
and
(III) by inserting after clause (i) the following:
‘‘(ii) for which additional coverage under
subsections (c) and (h) of section 508 of that
Act (7 U.S.C. 1508) is not available; and’’;
and
(ii) in subparagraph (B), by striking ‘‘and industrial
crops’’ and inserting ‘‘sweet sorghum, biomass sorghum, and industrial crops (including those grown
expressly for the purpose of producing a feedstock for
renewable biofuel, renewable electricity, or biobased
products)’’;
(2) in subsection (i)(2), by striking ‘‘$100,000’’ and inserting
‘‘$125,000’’;
(3) in subsection (k)(2), by striking ‘‘limited resource
farmer’’ and inserting ‘‘limited resource, beginning, or socially
disadvantaged farmer’’; and
(4) by adding at the end the following:
‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL COVERAGE.—
‘‘(1) IN GENERAL.—The Secretary shall make available noninsured assistance under this subsection (other than for crops
and grasses used for grazing) at a payment amount that is
equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance
Act (7 U.S.C. 1508) and equal to the product obtained by
multiplying—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 987

‘‘(A) the amount that—
‘‘(i) the additional coverage yield, which shall be
equal to the product obtained by multiplying—
‘‘(I) an amount not less than 50 percent nor
more than 65 percent, as elected by the producer
and specified in 5-percent increments; and
‘‘(II) the approved yield for the crop, as determined by the Secretary; exceeds
‘‘(ii) the actual yield;
‘‘(B) 100 percent of the average market price for the
crop, as determined by the Secretary; and
‘‘(C) a payment rate for the type of crop, as determined
by the Secretary, that reflects—
‘‘(i) in the case of a crop that is produced with
a significant and variable harvesting expense, the
decreasing cost incurred in the production cycle for
the crop that is, as applicable—
‘‘(I) harvested;
‘‘(II) planted but not harvested; or
‘‘(III) prevented from being planted because
of drought, flood, or other natural disaster, as
determined by the Secretary; or
‘‘(ii) in the case of a crop that is produced without
a significant and variable harvesting expense, such
rate as shall be determined by the Secretary.
‘‘(2) SERVICE FEE AND PREMIUM.—To be eligible to receive
a payment under this subsection, a producer shall pay—
‘‘(A) the service fee required by subsection (k); and
‘‘(B) the lesser of—
‘‘(i) the sum of the premiums for each eligible
crop, with the premium for each eligible crop obtained
by multiplying—
‘‘(I) the number of acres devoted to the eligible
crop;
‘‘(II) the yield, as determined by the Secretary
under subsection (e);
‘‘(III) the coverage level elected by the producer;
‘‘(IV) the average market price, as determined
by the Secretary; and
‘‘(V) a 5.25-percent premium fee; or
‘‘(ii) the product obtained by multiplying—
‘‘(I) a 5.25-percent premium fee; and
‘‘(II) the applicable payment limit.
‘‘(3) ADDITIONAL AVAILABILITY.—
‘‘(A) IN GENERAL.—As soon as practicable after October
1, 2013, the Secretary shall make assistance available to
producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses—
‘‘(i) to a 2012 annual fruit crop grown on a bush
or tree; and
‘‘(ii) in a county covered by a declaration by the
Secretary of a natural disaster for production losses
due to a freeze or frost.
‘‘(B) ASSISTANCE.—The Secretary shall make assistance
available under subparagraph (A) in an amount equivalent

128 STAT. 988

PUBLIC LAW 113–79—FEB. 7, 2014

to assistance available under paragraph (1), less any fees
not previously paid under paragraph (2).
‘‘(4) LIMITED RESOURCE, BEGINNING, AND SOCIALLY DISADVANTAGED FARMERS.—The coverage made available under
this subsection shall be available to limited resource, beginning,
and socially disadvantaged farmers, as determined by the Secretary, in exchange for a premium that is 50 percent of the
premium determined under paragraph (2).
‘‘(5) EFFECTIVE DATE.—Except as provided in paragraph
(3)(A), additional coverage under this subsection shall be available for each of the 2015 through 2018 crop years.’’.
(b) PROHIBITION ON CATASTROPHIC RISK PROTECTION.—Section
508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is
amended by striking paragraph (1) and inserting the following:
‘‘(1) COVERAGE AVAILABILITY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Corporation shall offer a catastrophic risk protection plan to indemnify producers for crop loss due to loss
of yield or prevented planting, if provided by the Corporation, when the producer is unable, because of drought,
flood, or other natural disaster (as determined by the Secretary), to plant other crops for harvest on the acreage
for the crop year.
‘‘(B) EXCEPTION.—Coverage described in subparagraph
(A) shall not be available for crops and grasses used for
grazing.’’.
7 USC 1632c.

SEC. 12306. ACER ACCESS AND DEVELOPMENT PROGRAM.

(a) GRANTS AUTHORIZED.—The Secretary of Agriculture may
make competitive grants to States, tribal governments, and research
institutions to support the efforts of such States, tribal governments,
and research institutions to promote the domestic maple syrup
industry through the following activities:
(1) Promotion of research and education related to maple
syrup production.
(2) Promotion of natural resource sustainability in the
maple syrup industry.
(3) Market promotion for maple syrup and maple-sap products.
(4) Encouragement of owners and operators of privately
held land containing species of trees in the genus Acer—
(A) to initiate or expand maple-sugaring activities on
the land; or
(B) to voluntarily make the land available, including
by lease or other means, for access by the public for maplesugaring activities.
(b) APPLICATION.—In submitting an application for a competitive grant under this section, a State, tribal government, or research
institution shall include—
(1) a description of the activities to be supported using
the grant funds;
(2) a description of the benefits that the State, tribal
government, or research institution intends to achieve as a
result of engaging in such activities; and
(3) an estimate of the increase in maple-sugaring activities
or maple syrup production that the State, tribal government,

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 989

or research institution anticipates will occur as a result of
engaging in such activities.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed so as to preempt a State or tribal government law,
including a State or tribal government liability law.
(d) DEFINITION OF MAPLE-SUGARING.—In this section, the term
‘‘maple-sugaring’’ means the collection of sap from any species of
tree in the genus Acer for the purpose of boiling to produce food.
(e) REGULATIONS.—The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $20,000,000 for each
of fiscal years 2014 through 2018.
SEC. 12307. SCIENCE ADVISORY BOARD.

Section 8 of the Environmental Research, Development, and
Demonstration Authorization Act of 1978 (42 U.S.C. 4365) is
amended—
(1) by striking subsection (e) and inserting the following:
‘‘(e) COMMITTEES.—
‘‘(1) MEMBER COMMITTEES.—
‘‘(A) IN GENERAL.—The Board is authorized to establish
such member committees and investigative panels as the
Administrator and the Board determine to be necessary
to carry out this section.
‘‘(B) CHAIRMANSHIP.—Each member committee or
investigative panel established under this subsection shall
be chaired by a member of the Board.
‘‘(2) AGRICULTURE-RELATED COMMITTEES.—
‘‘(A) IN GENERAL.—The Administrator and the Board—
‘‘(i) shall establish a standing agriculture-related
committee; and
‘‘(ii) may establish such additional agriculturerelated committees and investigative panels as the
Administrator and the Board determines to be necessary to carry out the duties under subparagraph
(C).
‘‘(B) MEMBERSHIP.—The standing committee and each
agriculture-related committee or investigative panel established under subparagraph (A) shall be—
‘‘(i) composed of—
‘‘(I) such quantity of members as the Administrator and the Board determines to be necessary;
and
‘‘(II) individuals who are not members of the
Board on the date of appointment to the committee
or investigative panel; and
‘‘(ii) appointed by the Administrator and the Board,
in consultation with the Secretary of Agriculture.
‘‘(C) DUTIES.—The agriculture-related standing committee and each additional committee and investigative
panel established under subparagraph (A) shall provide
scientific and technical advice to the Board relating to
matters referred to the Board that the Administrator and
the Board determines, in consultation with the Secretary
of Agriculture, to have a significant direct impact on enterprises that are engaged in the business of the production

128 STAT. 990

PUBLIC LAW 113–79—FEB. 7, 2014

of food and fiber, ranching and raising livestock, aquaculture, and all other farming- and agriculture-related
industries.’’; and
(2) by adding at the end the following:
‘‘(h) PUBLIC PARTICIPATION AND TRANSPARENCY.—The Board
shall make every effort, consistent with applicable law, including
section 552 of title 5, United States Code (commonly known as
the ‘Freedom of Information Act’) and section 552a of title 5, United
States Code (commonly known as the ‘Privacy Act’), to maximize
public participation and transparency, including making the scientific and technical advice of the Board and any committees or
investigative panels of the Board publically available in electronic
form on the website of the Environmental Protection Agency.
‘‘(i) REPORT TO CONGRESS.—The Administrator shall annually
report to the Committees on Environment and Public Works and
Agriculture of the Senate and the Committees on Transportation
and Infrastructure, Energy and Commerce, and Agriculture of the
House of Representatives regarding the membership and activities
of the standing agriculture-related committee established pursuant
to subsection (e)(2)(A)(i).’’.
SEC. 12308. AMENDMENTS TO ANIMAL WELFARE ACT.

(a) LICENSING OF DEALERS AND EXHIBITORS.—
(1) DEFINITION.—Section 2 of the Animal Welfare Act (7
U.S.C. 2132) is amended—
(A) in the matter preceding subsection (a), by striking
‘‘When used in this Act—’’ and inserting ‘‘In this Act:’’;
(B) in subsection (f), by striking ‘‘(2) any dog for
hunting, security, or breeding purposes’’ and all that follows
through the semicolon at the end and inserting ‘‘(2) any
dog for hunting, security, or breeding purposes. Such term
does not include a retail pet store (other than a retail
pet store which sells any animals to a research facility,
an exhibitor, or another dealer).’’;
(C) in each of subsections (a), (b), (d), (e), (g), (h),
(i), (j), (k), and (m), by striking the semicolon at the end
and inserting a period; and
(D) in subsection (n), by striking ‘‘; and’’ at the end
and inserting a period.
(2) LICENSING.—Section 3 of the Animal Welfare Act (7
U.S.C. 2133) is amended by striking ‘‘: Provided, however, That
any retail pet store’’ and all that follows through ‘‘under this
Act.’’ and inserting the following ‘‘: Provided, however, That
a dealer or exhibitor shall not be required to obtain a license
as a dealer or exhibitor under this Act if the size of the
business is determined by the Secretary to be de minimis.’’.
(b) PROHIBITION ON ATTENDING AN ANIMAL FIGHT OR CAUSING
AN INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF 16 TO ATTEND
AN ANIMAL FIGHT; ENFORCEMENT OF ANIMAL FIGHTING PROVISIONS.—
(1) PROHIBITION ON ATTENDING AN ANIMAL FIGHT OR
CAUSING AN INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF
16 TO ATTEND AN ANIMAL FIGHT.—Section 26(a) of the Animal

Welfare Act (7 U.S.C. 2156(a)) is amended—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 991

(A) in the heading, by striking ‘‘SPONSORING OR EXHIBITING AN ANIMAL IN’’ and inserting ‘‘SPONSORING OR EXHIBITING AN ANIMAL IN, ATTENDING, OR CAUSING AN INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF 16 TO
ATTEND,’’; and

(B) in paragraph (1)—
(i) in the heading, by striking ‘‘IN GENERAL’’ and
inserting ‘‘SPONSORING OR EXHIBITING’’; and
(ii) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’;
(iii) by redesignating paragraph (2) as paragraph
(3) ; and
(iv) by inserting after paragraph (1) the following:
‘‘(2) ATTENDING OR CAUSING AN INDIVIDUAL WHO HAS NOT
ATTAINED THE AGE OF 16 TO ATTEND.—It shall be unlawful
for any person to—
‘‘(A) knowingly attend an animal fighting venture; or
‘‘(B) knowingly cause an individual who has not
attained the age of 16 to attend an animal fighting venture.’’.
(2) ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.—Section 49 of title 18, United States Code, is amended—
(A) by striking ‘‘Whoever’’ and inserting ‘‘(a) IN GENERAL.—Whoever’’;
(B) in subsection (a), as designated by subparagraph
(A), by striking ‘‘subsection (a),’’ and inserting ‘‘subsection
(a)(1),’’; and
(C) by adding at the end the following:
‘‘(b) ATTENDING AN ANIMAL FIGHTING VENTURE.—Whoever violates subsection (a)(2)(A) of section 26 of the Animal Welfare Act
(7 U.S.C. 2156) shall be fined under this title, imprisoned for
not more than 1 year, or both, for each violation.
‘‘(c) CAUSING AN INDIVIDUAL WHO HAS NOT ATTAINED THE
AGE OF 16 TO ATTEND AN ANIMAL FIGHTING VENTURE.—Whoever
violates subsection (a)(2)(B) of section 26 (7 U.S.C. 2156) of the
Animal Welfare Act shall be fined under this title, imprisoned
for not more than 3 years, or both, for each violation.’’.
SEC. 12309. PRODUCE REPRESENTED AS GROWN IN THE UNITED
STATES WHEN IT IS NOT IN FACT GROWN IN THE UNITED
STATES.

19 USC 1304a.

SEC. 12310. REPORT ON WATER SHARING.

22 USC 277i.

(a) TECHNICAL ASSISTANCE TO CBP.—The Secretary of Agriculture shall make available to U.S. Customs and Border Protection
technical assistance related to the identification of produce represented as grown in the United States when it is not in fact
grown in the United States.
(b) REPORT TO CONGRESS.—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 produce represented as grown in the United States
when it is not in fact grown in the United States.
Not later than 120 days after the date of the enactment of
this Act and annually thereafter, the Secretary of State shall submit
to Congress a report on efforts by Mexico to meet its treaty deliveries of water to the Rio Grande in accordance with the Treaty
between the United States and Mexico Respecting Utilization of

128 STAT. 992

PUBLIC LAW 113–79—FEB. 7, 2014

waters of the Colorado and Tijuana Rivers and of the Rio Grande
(done at Washington, February 3, 1944).
21 USC 350h
note.

SEC. 12311. SCIENTIFIC AND ECONOMIC ANALYSIS OF THE FDA FOOD
SAFETY MODERNIZATION ACT.

(a) IN GENERAL.—When publishing a final rule with respect
to ‘‘Standards for the Growing, Harvesting, Packing, and Holding
of Produce for Human Consumption’’ published by the Department
of Health and Human Services on January 16, 2013 (78 Fed. Reg.
3504), the Secretary of Health and Human Services (referred to
in this section as the ‘‘Secretary’’) shall ensure that the final rule
(referred to in this section as the ‘‘final rule’’) includes the following
information:
(1) An analysis of the scientific information used to promulgate the final rule, taking into consideration any information
about farming and ranching operations of a variety of sizes,
with regional differences, and that have a diversity of production practices and methods.
(2) An analysis of the economic impact of the final rule.
(3) A plan to systematically—
(A) evaluate the impact of the final rule on farming
and ranching operations; and
(B) develop an ongoing process to evaluate and respond
to business concerns.
(b) REPORT.—Not later than 1 year after the date on which
the Secretary promulgates the final rule referred to in subsection
(a), the Comptroller General of the United States shall submit
to the Committee on Agriculture, Nutrition, and Forestry and the
Committee on Health, Education, and Labor of the Senate and
the Committee on Agriculture and the Committee on Energy and
Commerce of the House of Representatives a report on the effectiveness of the ongoing evaluation and response process referred to
in subsection (a)(3)(B). Not later than one year after the date
on which such report is submitted, the Comptroller General of
the United States shall submit to such committees an updated
report on such process.

SEC. 12312. PAYMENT IN LIEU OF TAXES.

Section 6906 of title 31, United States Code, is amended, in
the matter preceding paragraph (1), by striking ‘‘2013’’ and inserting
‘‘2014’’.
SEC. 12313. SILVICULTURAL ACTIVITIES.

Section 402(l) of the Federal Water Pollution Control Act (33
U.S.C. 1342(l)) is amended by adding at the end the following:
‘‘(3) SILVICULTURAL ACTIVITIES.—
‘‘(A) NPDES PERMIT REQUIREMENTS FOR SILVICULTURAL
ACTIVITIES.—The Administrator shall not require a permit
under this section nor directly or indirectly require any
State to require a permit under this section for a discharge
from runoff resulting from the conduct of the following
silviculture activities conducted in accordance with
standard industry practice: nursery operations, site
preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control,
harvesting operations, surface drainage, or road construction and maintenance.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 993

‘‘(B) OTHER REQUIREMENTS.—Nothing in this paragraph exempts a discharge from silvicultural activity from
any permitting requirement under section 404, existing
permitting requirements under section 402, or from any
other federal law.
‘‘(C) The authorization provided in Section 505(a) does
not apply to any non-permitting program established under
402(p)(6) for the silviculture activities listed in 402(l)(3)(A),
or to any other limitations that might be deemed to apply
to the silviculture activities listed in 402(l)(3)(A).’’.
SEC. 12314. PIMA AGRICULTURE COTTON TRUST FUND.

(a) ESTABLISHMENT OF TRUST FUND.—There is established in
the Treasury of the United States a trust fund to be known as
the ‘‘Pima Agriculture Cotton Trust Fund’’ (in this section referred
to as the ‘‘Trust Fund’’), consisting of such amounts as may be
transferred to the Trust Fund pursuant to subsection (h), and
to be used for the purpose of reducing the injury to domestic
manufacturers resulting from tariffs on cotton fabric that are higher
than tariffs on certain apparel articles made of cotton fabric.
(b) DISTRIBUTION OF FUNDS.—From amounts in the Trust Fund,
the Secretary shall make payments annually beginning in calendar
year 2014 for calendar years 2014 through 2018 as follows:
(1) Twenty-five percent of the amounts in the Trust Fund
shall be paid to one or more nationally recognized associations
established for the promotion of pima cotton for use in textile
and apparel goods.
(2) Twenty-five percent of the amounts in the Trust Fund
shall be paid to yarn spinners of pima cotton that produce
ring spun cotton yarns in the United States, to be allocated
to each spinner in an amount that bears the same ratio as—
(A) the spinner’s production of ring spun cotton yarns,
measuring less than 83.33 decitex (exceeding 120 metric
number) from pima cotton in single and plied form during
calendar year 2013 (as evidenced by an affidavit provided
by the spinner that meets the requirements of subsection
(c)), bears to—
(B) the production of the yarns described in subparagraph (A) during calendar year 2013 for all spinners who
qualify under this paragraph.
(3) Fifty percent of the amounts in the Trust Fund shall
be paid to manufacturers who cut and sew cotton shirts in
the United States who certify that they used imported cotton
fabric during calendar year 2013, to be allocated to each such
manufacturer in an amount that bears the same ratio as—
(A) the dollar value (excluding duty, shipping, and
related costs) of imported woven cotton shirting fabric of
80s or higher count and 2-ply in warp purchased by the
manufacturer during calendar year 2013 (as evidenced by
an affidavit provided by the manufacturer that meets the
requirements of subsection (d)) used in the manufacturing
of men’s and boys’ cotton shirts, bears to—
(B) the dollar value (excluding duty, shipping, and
related costs) of the fabric described in subparagraph (A)
purchased during calendar year 2013 by all manufacturers
who qualify under this paragraph.

7 USC 2101 note.

128 STAT. 994

PUBLIC LAW 113–79—FEB. 7, 2014

(c) AFFIDAVIT OF YARN SPINNERS.—The affidavit required by
subsection (b)(2)(A) is a notarized affidavit provided annually by
an officer of a producer of ring spun yarns that affirms—
(1) that the producer used pima cotton during the year
in which the affidavit is filed and during calendar year 2013
to produce ring spun cotton yarns in the United States, measuring less than 83.33 decitex (exceeding 120 metric number),
in single and plied form;
(2) the quantity, measured in pounds, of ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120 metric
number), in single and plied form during calendar year 2013;
and
(3) that the producer maintains supporting documentation
showing the quantity of such yarns produced, and evidencing
the yarns as ring spun cotton yarns, measuring less than 83.33
decitex (exceeding 120 metric number), in single and plied
form during calendar year 2013.
(d) AFFIDAVIT OF SHIRTING MANUFACTURERS.—
(1) IN GENERAL.—The affidavit required by subsection
(b)(3)(A) is a notarized affidavit provided annually by an officer
of a manufacturer of men’s and boys’ shirts that affirms—
(A) that the manufacturer used imported cotton fabric
during the year in which the affidavit is filed and during
calendar year 2013, to cut and sew men’s and boys’ woven
cotton shirts in the United States;
(B) the dollar value of imported woven cotton shirting
fabric of 80s or higher count and 2-ply in warp purchased
by the manufacturer during calendar year 2013;
(C) that the manufacturer maintains invoices along
with other supporting documentation (such as price lists
and other technical descriptions of the fabric qualities)
showing the dollar value of such fabric purchased, the
date of purchase, and evidencing the fabric as woven cotton
fabric of 80s or higher count and 2-ply in warp; and
(D) that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts.
(2) DATE OF PURCHASE.—For purposes of the affidavit under
paragraph (1), the date of purchase shall be the invoice date,
and the dollar value shall be determined excluding duty, shipping, and related costs.
(e) FILING DEADLINE FOR AFFIDAVITS.—Any person required
to provide an affidavit under this section shall file the affidavit
with the Secretary or as directed by the Secretary—
(1) in the case of an affidavit required for calendar year
2014, not later than 60 days after the date of the enactment
of this Act; and
(2) in the case of an affidavit required for any of calendar
years 2015 through 2018, not later than March 15 of that
calendar year.
(f) TIMING OF DISTRIBUTIONS.—The Secretary shall make a
payment under paragraph (2) or (3) of subsection (b)—
(1) for calendar year 2014—
(A) not later than the date that is 30 days after the
filing of the affidavit required with respect to that payment;
or

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 995

(B) if the Secretary is unable to make the payment
by the date described in subparagraph (A), as soon as
practicable thereafter; and
(2) for calendar years 2015 through 2018, not later than
the date that is 30 days after the filing of the affidavit required
with respect to that payment.
(g) MEMORANDUM OF UNDERSTANDING.—The Secretary and the
Commissioner responsible for U.S. Customs and Border Protection
shall, as soon as practicable after the date of the enactment of
this Act, negotiate a memorandum of understanding to establish
procedures pursuant to which the Commissioner will assist the
Secretary in carrying out the provisions of this section.
(h) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Trust Fund $16,000,000
for each of calendar years 2014 through 2018, to remain available
until expended.
SEC. 12315. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST
FUND.

(a) ESTABLISHMENT OF TRUST FUND.—There is established in
the Treasury of the United States a trust fund to be known as
the ‘‘Agriculture Wool Apparel Manufacturers Trust Fund’’ (in this
section referred to as the ‘‘Trust Fund’’), consisting of such amounts
as may be transferred to the Trust Fund pursuant to subsection
(f), and to be used for the purpose of reducing the injury to domestic
manufacturers resulting from tariffs on wool fabric that are higher
than tariffs on certain apparel articles made of wool fabric.
(b) DISTRIBUTION OF FUNDS.—
(1) IN GENERAL.—From amounts in the Trust Fund, the
Secretary may make payments annually beginning in calendar
year 2014 for calendar years 2010 through 2019 as follows:
(A) To each eligible manufacturer under paragraph
(3) of section 4002(c) of the Wool Suit and Textile Trade
Extension Act of 2004 (Public Law 108–429; 118 Stat.
2600), as amended by section 1633(c) of the Miscellaneous
Trade and Technical Corrections Act of 2006 (Public Law
109–280; 120 Stat. 1166) and section 325(b) of the Tax
Extenders and Alternative Minimum Tax Relief Act of 2008
(division C of Public Law 110–343; 122 Stat. 3875), and
any successor-in-interest to such a manufacturer as provided for under paragraph (4) of such section 4002(c), that
submits an affidavit in accordance with paragraph (2) for
the year of the payment—
(i) for calendar years 2010 through 2015, payments
that, when added to any other payments made to the
manufacturer or successor-in-interest under paragraph
(3) of such section 4002(c) in such calendar years,
equal the total amount of payments authorized to be
provided to the manufacturer or successor-in-interest
under that paragraph, or the provisions of this section,
in such calendar years; and
(ii) for calendar years 2016 through 2019, payments in amounts authorized under that paragraph.
(B) To each eligible manufacturer under paragraph
(6) of such section 4002(c)—
(i) for calendar years 2010 through 2014, payments
that, when added to any other payments made to

7 USC 7101 note.

128 STAT. 996

PUBLIC LAW 113–79—FEB. 7, 2014

eligible manufacturers under that paragraph in such
calendar years, equal the total amount of payments
authorized to be provided to the manufacturer under
that paragraph, or the provisions of this section, in
such calendar years; and
(ii) for calendar years 2015 through 2019, payments in amounts authorized under that paragraph.
(2) SUBMISSION OF AFFIDAVITS.—An affidavit required by
paragraph (1)(A) shall be submitted—
(A) in each of calendar years 2010 through 2015, to
the Commissioner responsible for U.S. Customs and Border
Protection not later than April 15; and
(B) in each of calendar years 2016 through 2019, to
the Secretary, or as directed by the Secretary, and not
later than March 1.
(c) PAYMENT OF AMOUNTS.—The Secretary shall make payments
to eligible manufacturers and successors-in-interest described in
paragraphs (1) and (2) of subsection (b)—
(1) for calendar years 2010 through 2014, not later than
30 days after the transfer of amounts from the Commodity
Credit Corporation to the Trust Fund under subsection (f);
and
(2) for calendar years 2015 through 2019, not later than
April 15 of the year of the payment.
(d) MEMORANDA OF UNDERSTANDING.—The Secretary shall, as
soon as practicable after the date of the enactment of this Act,
negotiate memoranda of understanding with the Commissioner
responsible for U.S. Customs and Border Protection and the Secretary of Commerce to establish procedures pursuant to which
the Commissioner and the Secretary of Commerce will assist in
carrying out the provisions of this section.
(e) INCREASE IN PAYMENTS IN THE EVENT OF EXPIRATION OF
DUTY SUSPENSIONS.—
(1) IN GENERAL.—In any calendar year in which the suspension of duty on wool fabrics provided for under headings
9902.51.11, 9902.51.13, 9902.51.14, 9902.51.15, and 9902.51.16
of the Harmonized Tariff Schedule of the United States are
not in effect, the amount of any payment described in subsection
(b)(1) to a manufacturer or successor-in-interest shall be
increased by an amount the Secretary, after consultation with
the Secretary of Commerce, determines is equal to the amount
the manufacturer or successor-in-interest would have saved
during the calendar year of the payment if the suspension
of duty on wool fabrics were in effect.
(2) NO APPEAL OF DETERMINATIONS.—A determination of
the Secretary under this subsection shall be final and not
subject to appeal or protest.
(f) FUNDING.—
(1) IN GENERAL.—Of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the Trust Fund
for each of calendar years 2014 through 2019 an amount equal
to the lesser of—
(A) the amount the Secretary determines to be necessary to make payments required by this section in that
calendar year; or
(B) $30,000,000.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 997

(2) AVAILABILITY.—Amounts transferred to the Trust Fund
under paragraph (1) shall remain available until expended.
SEC. 12316. WOOL RESEARCH AND PROMOTION.

(a) IN GENERAL.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to provide grants described in
section 506(d) of the Trade and Development Act of 2000 (7 U.S.C.
7101 note) $2,250,000 for each of calendar years 2015 through
2019, to remain available until expended.
(b) AUTHORIZATION TO DISTRIBUTE UNEXPENDED BALANCE.—
In addition to funds made available under subsection (a) and notwithstanding subsection (f) of section 506 of the Trade and Development Act of 2000 (7 U.S.C. 7101 note), the Secretary may use
any unexpended balances remaining in the Wool Research, Development, and Promotion Trust Fund established under that section
as of December 31, 2014, to provide grants described in subsection
(d) of that section.

Subtitle D—Oilheat Efficiency, Renewable
Fuel Research and Jobs Training
SEC. 12401. SHORT TITLE.

This subtitle may be cited as the ‘‘Oilheat Efficiency, Renewable
Fuel Research and Jobs Training Act of 2014’’.
SEC. 12402. FINDINGS AND PURPOSES.

Section 702 of the National Oilheat Research Alliance Act of
2000 (42 U.S.C. 6201 note; Public Law 106–469) is amended—
(1) in paragraph (4), by striking ‘‘and’’ after the semicolon
at the end;
(2) by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(6) consumers of oilheat fuel are provided service by thousands of small businesses that are unable to individually
develop training programs to facilitate the entry of new and
qualified workers into the oilheat fuel industry;
‘‘(7) small businesses and trained employees are in an
ideal position—
‘‘(A) to provide information to consumers about the
benefits of improved efficiency; and
‘‘(B) to encourage consumers to value efficiency in
energy choices and assist individuals in conserving energy;
‘‘(8) additional research is necessary—
‘‘(A) to improve oilheat fuel equipment; and
‘‘(B) to develop domestic renewable resources that can
be used to safely and affordably heat homes;
‘‘(9) since there are no Federal resources available to assist
the oilheat fuel industry, it is necessary and appropriate to
develop a self-funded program dedicated—
‘‘(A) to improving efficiency in customer homes;
‘‘(B) to assist individuals to gain employment in the
oilheat fuel industry; and
‘‘(C) to develop domestic renewable resources;
‘‘(10) both consumers of oilheat fuel and retailers would
benefit from the self-funded program; and

7 USC 7101.

Oilheat
Efficiency,
Renewable Fuel
Research and
Jobs Training
Act of 2014.
42 USC 6201
note.

128 STAT. 998

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(11) the oilheat fuel industry is committed to providing
appropriate funding necessary to carry out the purposes of
this title without passing additional costs on to residential
consumers.’’.

SEC. 12403. DEFINITIONS.

(a) IN GENERAL.—Section 703 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469)
is amended—
(1) by redesignating paragraphs (3) through (15) as paragraphs (4) through (16), respectively;
(2) by inserting after paragraph (2) the following:
‘‘(3) COST-EFFECTIVE.—The term ‘cost-effective’, with
respect to a program or activity carried out under section
707(f)(4), means that the program or activity meets a total
resource cost test under which—
‘‘(A) the net present value of economic benefits over
the life of the program or activity, including avoided supply
and delivery costs and deferred or avoided investments;
is greater than
‘‘(B) the net present value of the economic costs over
the life of the program or activity, including program costs
and incremental costs borne by the energy consumer.’’;
and
(3) by striking paragraph (8) (as redesignated in paragraph
(1)) and inserting the following:
‘‘(8) OILHEAT FUEL.—The term ‘oilheat fuel’ means fuel
that—
‘‘(A) is—
‘‘(i) No. 1 distillate;
‘‘(ii) No. 2 dyed distillate;
‘‘(iii) a liquid blended with No. 1 distillate or No.
2 dyed distillate; or
‘‘(iv) a biobased liquid; and
‘‘(B) is used as a fuel for nonindustrial commercial
or residential space or hot water heating.’’.
(b) CONFORMING AMENDMENTS.—
(1) The National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106–469) is amended by
striking ‘‘oilheat’’ each place it appears and inserting ‘‘oilheat
fuel’’.
(2) Section 704(d) of the National Oilheat Research Alliance
Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) is
amended in the subsection heading by striking ‘‘OILHEAT’’ and
inserting ‘‘OILHEAT FUEL’’.
(3) Section 706(c)(2) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469)
is amended in the paragraph heading by striking ‘‘OILHEAT’’
and inserting ‘‘OILHEAT FUEL’’.
(4) Section 707(c) of the National Oilheat Research Alliance
Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) is
amended in the subsection heading by striking ‘‘OILHEAT’’ and
inserting ‘‘OILHEAT FUEL’’.
SEC. 12404. MEMBERSHIP.

(a) SELECTION.—Section 705 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469)
is amended by striking subsection (a) and inserting the following:

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 999

‘‘(a) SELECTION.—
‘‘(1) LIST.—
‘‘(A) IN GENERAL.—The Alliance shall provide to the
Secretary a list of qualified nominees for membership in
the Alliance.
‘‘(B) REQUIREMENT.—Except as provided in subsection
(c)(1)(C), members of the Alliance shall be representatives
of the oilheat fuel industry in a State, selected from a
list of nominees submitted by the qualified State association in the State.
‘‘(2) VACANCIES.—A vacancy in the Alliance shall be filled
in the same manner as the original selection.
‘‘(3) SECRETARIAL ACTION.—
‘‘(A) IN GENERAL.—The Secretary shall have 60 days
to review nominees provided under paragraph (1).
‘‘(B) FAILURE TO ACT.—If the Secretary takes no action
during the 60-day period described in subparagraph (A),
the nominees shall be considered to be members of the
Alliance.’’.
(b) REPRESENTATION.—Section 705(b) of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–
469) is amended in the matter preceding paragraph (1) by striking
‘‘qualified industry organization’’ and inserting ‘‘Alliance’’.
(c) NUMBER OF MEMBERS.—Section 705(c) of the National
Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public
Law 106–469) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—The Alliance shall be composed of the
following members:
‘‘(A) 1 member representing each State participating
in the Alliance.
‘‘(B) 5 representatives of retail marketers, of whom
1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual
oilheat fuel sales.
‘‘(C) 5 additional representatives of retail marketers.
‘‘(D) 21 representatives of wholesale distributors.
‘‘(E) 6 public members, who shall be representatives
of significant users of oilheat fuel, the oilheat fuel research
community, State energy officials, or other groups with
expertise in oilheat fuel, including consumer and lowincome advocacy groups.’’; and
(2) in paragraph (2), by striking ‘‘the qualified industry
organization or’’.
SEC. 12405. FUNCTIONS.

(a) RENEWABLE FUEL RESEARCH.—Section 706(a)(3)(B)(i)(I) of
the National Oilheat Research Alliance Act of 2000 (42 U.S.C.
6201 note; Public Law 106–469) is amended by inserting before
the semicolon at the end the following: ‘‘, including research to
develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with
priority given to research on the development and use of advanced
biofuels’’.
(b) BIENNIAL BUDGETS.—Section 706(e) of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–
469) is amended—

128 STAT. 1000

PUBLIC LAW 113–79—FEB. 7, 2014
(1) by striking paragraph (1) and inserting the following:
‘‘(1) PUBLICATION OF PROPOSED BUDGET.—Not later than
August 1, 2014, and every 2 years thereafter, the Alliance
shall, in consultation with the Secretary, develop and publish
for public review and comment a proposed biennial budget
for the next 2 calendar years, including the probable operating
and planning costs of all programs, projects, and contracts
and other agreements.’’; and
(2) by striking paragraph (4) and inserting the following:
‘‘(4) IMPLEMENTATION.—
‘‘(A) IN GENERAL.—The Alliance shall not implement
a proposed budget until the expiration of 60 days after
submitting the proposed budget to the Secretary.
‘‘(B) RECOMMENDATIONS FOR CHANGES BY SECRETARY.—
‘‘(i) IN GENERAL.—The Secretary may recommend
to the Alliance changes to the budget programs and
activities of the Alliance that the Secretary considers
appropriate.
‘‘(ii) RESPONSE BY ALLIANCE.—Not later than 30
days after the receipt of any recommendations made
under clause (i), the Alliance shall submit to the Secretary a final budget for the next 2 calendar years
that incorporates or includes a description of the
response of the Alliance to any changes recommended
under clause (i).’’.

SEC. 12406. ASSESSMENTS.

(a) IN GENERAL.—Section 707 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469)
is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) RATE.—The assessment rate shall be equal to 2⁄10 of 1
cent per gallon of oilheat fuel.’’; and
(2) in subsection (b), by adding at the end the following:
‘‘(8) PROHIBITION ON PASS THROUGH.—None of the assessments collected under this title may be passed through or
otherwise required to be paid by residential consumers of
oilheat fuel.’’.
(b) FUNDS MADE AVAILABLE TO QUALIFIED STATE ASSOCIATIONS.—Section 707(e)(2) of the National Oilheat Research Alliance
Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) is amended
by adding at the end the following:
‘‘(B) SEPARATE ACCOUNTS.—As a condition of receipt
of funds made available to a qualified State association
under this title, the qualified State association shall deposit
the funds in an account that is separate from other funds
of the qualified State association.’’.
(c) ADMINISTRATION.—Section 707 of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–
469) is amended by adding at the end the following:
‘‘(f) USE OF ASSESSMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title, the Secretary and the Alliance shall ensure that
assessments collected for each calendar year under this title
are allocated and used in accordance with this subsection.
‘‘(2) RESEARCH, DEVELOPMENT, AND DEMONSTRATION.—

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 1001

‘‘(A) IN GENERAL.—The Alliance shall ensure that not
less than 30 percent of the assessments collected for each
calendar year under this title are used by qualified State
associations or the Alliance to conduct research, development, and demonstration activities relating to oilheat fuel,
including the development of energy-efficient heating and
the transition and facilitation of the entry of energy efficient heating systems into the marketplace.
‘‘(B) COORDINATION.—The Alliance shall coordinate
with the Secretary to develop priorities for the use of
assessments under this paragraph.
‘‘(C) PLAN.—The Alliance shall develop a coordinated
research plan to carry out research programs and activities
under this section.
‘‘(D) REPORT.—
‘‘(i) IN GENERAL.—No later than 1 year after the
date of enactment of this subsection, the Alliance shall
prepare a report on the use of biofuels in oilheat fuel
utilization equipment.
‘‘(ii) CONTENTS.—The report required under clause
(i) shall—
‘‘(I) provide information on the environmental
benefits, economic benefits, and any technical
limitations on the use of biofuels in oilheat fuel
utilization equipment; and
‘‘(II) describe market acceptance of the fuel,
and information on State and local governments
that are encouraging the use of biofuels in oilheat
fuel utilization equipment.
‘‘(iii) COPIES.—The Alliance shall submit a copy
of the report required under clause (i) to—
‘‘(I) Congress;
‘‘(II) the Governor of each State, and other
appropriate State leaders, in which the Alliance
is operating; and
‘‘(III) the Administrator of the Environmental
Protection Agency.
‘‘(E) CONSUMER EDUCATION MATERIALS.—The Alliance,
in conjunction with an institution or organization engaged
in biofuels research, shall develop consumer education
materials describing the benefits of using biofuels as or
in oilheat fuel based on the technical information developed
in the report required under subparagraph (D) and other
information generally available.
‘‘(3) COST SHARING.—
‘‘(A) IN GENERAL.—In carrying out a research, development, demonstration, or commercial application program
or activity that is commenced after the date of enactment
of this subsection, the Alliance shall require cost-sharing
in accordance with this section.
‘‘(B) RESEARCH AND DEVELOPMENT.—
‘‘(i) IN GENERAL.—Except as provided in clauses
(ii) and (iii), the Alliance shall require that not less
than 20 percent of the cost of a research or development
program or activity described in subparagraph (A) to
be provided by a source other than the Alliance.

128 STAT. 1002

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(ii) EXCLUSION.—Clause (i) shall not apply to a
research or development program or activity described
in subparagraph (A) that is of a basic or fundamental
nature, as determined by the Alliance.
‘‘(iii) REDUCTION.—The Alliance may reduce or
eliminate the requirement of clause (i) for a research
and development program or activity of an applied
nature if the Alliance determines that the reduction
is necessary and appropriate.
‘‘(C) DEMONSTRATION AND COMMERCIAL APPLICATION.—
The Alliance shall require that not less than 50 percent
of the cost of a demonstration or commercial application
program or activity described in subparagraph (A) to be
provided by a source other than the Alliance.
‘‘(4) HEATING OIL EFFICIENCY AND UPGRADE PROGRAM.—
‘‘(A) IN GENERAL.—The Alliance shall ensure that not
less than 15 percent of the assessments collected for each
calendar year under this title are used by qualified State
associations or the Alliance to carry out programs to assist
consumers—
‘‘(i) to make cost-effective upgrades to more fuel
efficient heating oil systems or otherwise make costeffective modifications to an existing heating system
to improve the efficiency of the system;
‘‘(ii) to improve energy efficiency or reduce energy
consumption through cost-effective energy efficiency
programs for consumers; or
‘‘(iii) to improve the safe operation of a heating
system.
‘‘(B) PLAN.—The Alliance shall, to the maximum extent
practicable, coordinate, develop, and implement the programs and activities of the Alliance in conjunction with
existing State energy efficiency program administrators.
‘‘(C) ADMINISTRATION.—
‘‘(i) IN GENERAL.—In carrying out this paragraph,
the Alliance shall, to the maximum extent practicable,
ensure that heating system conversion assistance is
coordinated with, and developed after consultation
with, persons or organizations responsible for administering—
‘‘(I) the low-income home energy assistance
program established under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.);
‘‘(II) the Weatherization Assistance Program
for Low-Income Persons established under part A
of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); or
‘‘(III) other energy efficiency programs
administered by the State or other parties in the
State.
‘‘(ii) DISTRIBUTION OF FUNDS.—The Alliance shall
ensure that funds distributed to carry out this paragraph are—
‘‘(I) distributed equitably to States based on
the proportional contributions of the States
through collected assessments;

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 1003

‘‘(II) used to supplement (and not supplant)
State or alternative sources of funding for energy
efficiency programs; and
‘‘(III) used only to carry out this paragraph.
‘‘(5) CONSUMER EDUCATION, SAFETY, AND TRAINING.—The
Alliance shall ensure that not more than 30 percent of the
assessments collected for each calendar year under this title
are used—
‘‘(A) to conduct consumer education activities relating
to oilheat fuel, including providing information to consumers on—
‘‘(i) energy conservation strategies;
‘‘(ii) safety;
‘‘(iii) new technologies that reduce consumption
or improve safety and comfort;
‘‘(iv) the use of biofuels blends; and
‘‘(v) Federal, State, and local programs designed
to assist oilheat fuel consumers;
‘‘(B) to conduct worker safety and training activities
relating to oilheat fuel, including energy efficiency training
(including classes to obtain Building Performance Institute
or Residential Energy Services Network certification);
‘‘(C) to carry out other activities recommended by the
Secretary; or
‘‘(D) to the maximum extent practicable, a data collection process established, in collaboration with the Secretary
or other appropriate Federal agencies, to track equipment,
service, and related safety issues and to develop measures
to improve safety.
‘‘(6) ADMINISTRATIVE COSTS.—
‘‘(A) IN GENERAL.—The Alliance shall ensure that not
more than 5 percent of the assessments collected for each
calendar year under this title are used for—
‘‘(i) administrative costs; or
‘‘(ii) indirect costs incurred in carrying out paragraphs (1) through (5).
‘‘(B) ADMINISTRATION.—Activities under this section
shall be documented pursuant to a transparent process
and procedures developed in coordination with the Secretary.
‘‘(7) REPORTS.—
‘‘(A) ANNUAL REPORTS.—
‘‘(i) IN GENERAL.—Each qualified State association
or the Alliance shall prepare an annual report
describing he development and administration of this
section, and yearly expenditures under this section.
‘‘(ii) CONTENTS.—Each report required under
clause (i) shall include a description of the use of
proceeds under this section, including a description
of—
‘‘(I) advancements made in energy-efficient
heating systems and biofuel heating oil blends;
and
‘‘(II) heating system upgrades and modifications and energy efficiency programs funded under
this section.
‘‘(iii) VERIFICATION.—

128 STAT. 1004

PUBLIC LAW 113–79—FEB. 7, 2014
‘‘(I) IN GENERAL.—The Alliance shall ensure
that an independent third-party reviews each
report described in clause (i) and verifies the
accuracy of the report.
‘‘(II) COUNCILS.—If a State has a stakeholder
efficiency oversight council, the council shall be
the entity that reviews and verifies the report
of the State association or Alliance for the State
under clause (i).
‘‘(B) REPORTS ON HEATING OIL EFFICIENCY AND UPGRADE
PROGRAM.—At least once every 3 years, the Alliance shall
prepare a detailed report describing the consumer savings,
cost-effectiveness of, and the lifetime and annual energy
savings achieved by heating system upgrades and modifications and energy efficiency programs funded under paragraph (4).
‘‘(C) AVAILABILITY.—Each report, and any subsequent
changes to the report, described in this paragraph shall
be made publically available, with notice of availability
provided to the Secretary, and posted on the website of
the Alliance.’’.

SEC. 12407. MARKET SURVEY AND CONSUMER PROTECTION.

Section 708 of the National Oilheat Research Alliance Act of
2000 (42 U.S.C. 6201 note; Public Law 106–469) is repealed.

SEC. 12408. LOBBYING RESTRICTIONS.

Section 710 of the National Oilheat Research Alliance Act of
2000 (42 U.S.C. 6201 note; Public Law 106–469) is amended—
(1) by striking ‘‘No funds’’ and inserting the following:
‘‘(a) IN GENERAL.—No funds’’;
(2) by inserting ‘‘or to lobby’’ after ‘‘elections’’; and
(3) by adding at the end the following:
‘‘(b) ASSESSMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), no funds
derived from assessments collected by the Alliance under section 707 shall be used, directly or indirectly, to influence Federal, State, or local legislation or elections, or the manner
of administering of a law.
‘‘(2) INFORMATION.—The Alliance may use funds described
in paragraph (1) to provide information requested by a Member
of Congress, or an official of any Federal, State, or local agency,
in the course of the official business of the Member or official.’’.

SEC. 12409. NONCOMPLIANCE.

Section 712 of the National Oilheat Research Alliance Act of
2000 (42 U.S.C. 6201 note; Public Law 106–469) is amended by
adding at the end the following:
‘‘(g) NONCOMPLIANCE.—If the Alliance, a qualified State association, or any other entity or person violates this title, the Secretary
shall—
‘‘(1) notify Congress of the noncompliance; and
‘‘(2) provide notice of the noncompliance on the Alliance
website.’’.

PUBLIC LAW 113–79—FEB. 7, 2014

128 STAT. 1005

SEC. 12410. SUNSET.

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 ‘‘9 years’’ and inserting ‘‘18 years’’.
Approved February 7, 2014.

LEGISLATIVE HISTORY—H.R. 2642 (S. 954):
HOUSE REPORTS: No. 113–333 (Comm. of Conference).
SENATE REPORTS: No. 113–88 (Comm. on Agriculture, Nutrition, and Forestry)
accompanying S. 954.
CONGRESSIONAL RECORD:
Vol. 159 (2013): July 11, considered and passed House.
July 18, considered and passed Senate, amended, in lieu of
S. 954.
Sept. 28, House concurred in Senate amendment pursuant to
H. Res. 361.
Oct. 1, Senate disagreed to House amendment.
Vol. 160 (2014): Jan. 29, House agreed to conference report.
Jan. 30, Feb. 3, 4, Senate considered and agreed to conference
report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2014):
Feb. 7, Presidential remarks.

Æ