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H.R. 2: Agriculture and Nutrition Act of 2018

The text of the bill below is as of May 3, 2018 (Reported by House Committee).


IB

Union Calendar No. 508

115th CONGRESS

2d Session

H. R. 2

[Report No. 115–661]

IN THE HOUSE OF REPRESENTATIVES

April 12, 2018

introduced the following bill; which was referred to the Committee on Agriculture

May 3, 2018

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on April 12, 2018


A BILL

To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes.


1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Agriculture and Nutrition Act of 2018.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary of Agriculture.

Title I—Commodities

Subtitle A—Commodity Policy

Sec. 1111. Definitions.

Sec. 1112. Base acres.

Sec. 1113. Payment yields.

Sec. 1114. Payment acres.

Sec. 1115. Producer election.

Sec. 1116. Price loss coverage.

Sec. 1117. Agriculture risk coverage.

Sec. 1118. Producer agreements.

Subtitle B—Marketing Loans

Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities.

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

Sec. 1203. Term of loans.

Sec. 1204. Repayment of loans.

Sec. 1205. Loan deficiency payments.

Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage.

Sec. 1207. Special marketing loan provisions for upland cotton.

Sec. 1208. Special competitive provisions for extra long staple cotton.

Sec. 1209. Availability of recourse loans.

Sec. 1210. Adjustments of loans.

Subtitle C—Sugar

Sec. 1301. Sugar policy.

Subtitle D—Dairy Risk Management Program and Other Dairy Programs

Sec. 1401. Dairy risk management program for dairy producers.

Sec. 1402. Class I skim milk price.

Sec. 1403. Extension of dairy forward pricing program.

Sec. 1404. Extension of dairy indemnity program.

Sec. 1405. Extension of dairy promotion and research program.

Sec. 1406. Repeal of dairy product donation program.

Subtitle E—Supplemental Agricultural Disaster Assistance Programs

Sec. 1501. Modification of supplemental agricultural disaster assistance.

Subtitle F—Administration

Sec. 1601. Administration generally.

Sec. 1602. Suspension of permanent price support authority.

Sec. 1603. Payment limitations.

Sec. 1604. Adjusted gross income limitation.

Sec. 1605. Prevention of deceased individuals receiving payments under farm commodity programs.

Sec. 1606. Assignment of payments.

Sec. 1607. Tracking of benefits.

Sec. 1608. Signature authority.

Sec. 1609. Personal liability of producers for deficiencies.

Sec. 1610. Implementation.

Sec. 1611. Exemption from certain reporting requirements for certain producers.

Title II—Conservation

Subtitle A—Wetland Conservation

Sec. 2101. Program ineligibility.

Sec. 2102. Minimal effect regulations.

Subtitle B—Conservation Reserve Program

Sec. 2201. Conservation reserve.

Sec. 2202. Farmable wetland program.

Sec. 2203. Duties of owners and operators.

Sec. 2204. Duties of the Secretary.

Sec. 2205. Payments.

Sec. 2206. Contracts.

Subtitle C—Environmental Quality Incentives Program

Sec. 2301. Definitions.

Sec. 2302. Establishment and administration.

Sec. 2303. Limitation on payments.

Sec. 2304. Conservation innovation grants and payments.

Subtitle D—Other Conservation Programs

Sec. 2401. Conservation of private grazing land.

Sec. 2402. Grassroots source water protection program.

Sec. 2403. Voluntary public access and habitat incentive program.

Sec. 2404. Watershed protection and flood prevention.

Sec. 2405. Feral swine eradication and control pilot program.

Sec. 2406. Emergency conservation program.

Subtitle E—Funding and Administration

Sec. 2501. Commodity Credit Corporation.

Sec. 2502. Delivery of technical assistance.

Sec. 2503. Administrative requirements for conservation programs.

Sec. 2504. Establishment of State technical committees.

Subtitle F—Agricultural Conservation Easement Program

Sec. 2601. Establishment and purposes.

Sec. 2602. Definitions.

Sec. 2603. Agricultural land easements.

Sec. 2604. Wetland reserve easements.

Sec. 2605. Administration.

Subtitle G—Regional Conservation Partnership Program

Sec. 2701. Definitions.

Sec. 2702. Regional conservation partnerships.

Sec. 2703. Assistance to producers.

Sec. 2704. Funding.

Sec. 2705. Administration.

Sec. 2706. Critical conservation areas.

Subtitle H—Repeals and Transitional Provisions; Technical Amendments

Sec. 2801. Repeal of conservation security and conservation stewardship programs.

Sec. 2802. Repeal of terminal lakes assistance.

Sec. 2803. Technical amendments.

Title III—Trade

Subtitle A—Food for Peace Act

Sec. 3001. Findings.

Sec. 3002. Labeling requirements.

Sec. 3003. Food aid quality assurance.

Sec. 3004. Local sale and barter of commodities.

Sec. 3005. Minimum levels of assistance.

Sec. 3006. Extension of termination date of Food Aid Consultative Group.

Sec. 3007. Issuance of regulations.

Sec. 3008. Funding for program oversight, monitoring, and evaluation.

Sec. 3009. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.

Sec. 3010. Consideration of impact of provision of agricultural commodities and other assistance on local farmers and economy.

Sec. 3011. Prepositioning of agricultural commodities.

Sec. 3012. Annual report regarding food aid programs and activities.

Sec. 3013. Deadline for agreements to finance sales or to provide other assistance.

Sec. 3014. Minimum level of nonemergency food assistance.

Sec. 3015. Termination date for micronutrient fortification programs.

Sec. 3016. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.

Subtitle B—Agricultural Trade Act of 1978

Sec. 3101. Findings.

Sec. 3102. Consolidation of current programs as new International Market Development Program.

Subtitle C—Other Agricultural Trade Laws

Sec. 3201. Local and regional food aid procurement projects.

Sec. 3202. Promotion of agricultural exports to emerging markets.

Sec. 3203. Bill Emerson Humanitarian Trust Act.

Sec. 3204. Food for Progress Act of 1985.

Sec. 3205. McGovern-Dole International Food for Education and Child Nutrition Program.

Sec. 3206. Cochran fellowship program.

Sec. 3207. Borlaug fellowship program.

Sec. 3208. Global Crop Diversity Trust.

Sec. 3209. Growing American Food Exports Act of 2018.

Title IV—Nutrition

Subtitle A—Supplemental Nutrition Assistance Program

Sec. 4001. Duplicative enrollment database.

Sec. 4002. Retailer-funded incentives pilot.

Sec. 4003. Gus Schumacher food insecurity nutrition incentive program.

Sec. 4004. Re-evaluation of thrifty food plan.

Sec. 4005. Food distribution programs on Indian reservations.

Sec. 4006. Update to categorical eligibility.

Sec. 4007. Basic allowance for housing.

Sec. 4008. Earned income deduction.

Sec. 4009. Simplified homeless housing costs.

Sec. 4010. Availability of standard utility allowances based on receipt of energy assistance.

Sec. 4011. Child support; cooperation with child support agencies.

Sec. 4012. Adjustment to asset limitations.

Sec. 4013. Updated vehicle allowance.

Sec. 4014. Savings excluded from assets.

Sec. 4015. Workforce solutions.

Sec. 4016. Modernization of electronic benefit transfer regulations.

Sec. 4017. Mobile technologies.

Sec. 4018. Processing fees.

Sec. 4019. Replacement of EBT cards.

Sec. 4020. Benefit recovery.

Sec. 4021. Requirements for online acceptance of benefits.

Sec. 4022. National gateway.

Sec. 4023. Access to State systems.

Sec. 4024. Transitional benefits.

Sec. 4025. Incentivizing technology modernization.

Sec. 4026. Supplemental nutrition assistance program benefit transfer transaction data report.

Sec. 4027. Adjustment to percentage of recovered funds retained by States.

Sec. 4028. Tolerance level for payment errors.

Sec. 4029. State performance indicators.

Sec. 4030. Public-private partnerships.

Sec. 4031. Authorization of appropriations.

Sec. 4032. Emergency food assistance.

Sec. 4033. Nutrition education.

Sec. 4034. Retail food store and recipient trafficking.

Sec. 4035. Technical corrections.

Sec. 4036. Implementation funds.

Subtitle B—Commodity Distribution Programs

Sec. 4101. Commodity distribution program.

Sec. 4102. Commodity supplemental food program.

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

Subtitle C—Miscellaneous

Sec. 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions.

Sec. 4202. Seniors farmers’ market nutrition program.

Sec. 4203. Healthy food financing initiative.

Sec. 4204. Amendments to the fruit and vegetable program.

Title V—Credit

Subtitle A—Farm Ownership Loans

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

Sec. 5102. Conservation loan and loan guarantee program.

Sec. 5103. Farm ownership loan limits.

Subtitle B—Operating Loans

Sec. 5201. Limitations on amount of operating loans.

Sec. 5202. Microloans.

Subtitle C—Administrative Provisions

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

Sec. 5302. Loan authorization levels.

Sec. 5303. Loan fund set-asides.

Subtitle D—Technical corrections to the Consolidated Farm and Rural Development Act

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

Subtitle E—Amendments to the Farm Credit Act of 1971

Sec. 5501. Elimination of obsolete references.

Sec. 5502. Conforming repeals.

Sec. 5503. Facility headquarters.

Sec. 5504. Sharing privileged and confidential information.

Sec. 5505. Scope of jurisdiction.

Sec. 5506. Definition.

Sec. 5507. Expansion of acreage exception to loan amount limitation.

Sec. 5508. Compensation of bank directors.

Sec. 5509. Prohibition on use of funds.

Subtitle F—Miscellaneous

Sec. 5601. State agricultural mediation programs.

Sec. 5602. Study on loan risk.

Title VI—Rural infrastructure and economic development

Subtitle A—Improving Health Outcomes in Rural Communities

Sec. 6001. Prioritizing projects to meet health crises in rural America.

Sec. 6002. Distance learning and telemedicine.

Sec. 6003. Reauthorization of the Farm and Ranch Stress Assistance Network.

Sec. 6004. Supporting agricultural association health plans.

Subtitle B—Connecting Rural Americans to High Speed Broadband

Sec. 6101. Establishing forward-looking broadband standards.

Sec. 6102. Incentives for hard to reach communities.

Sec. 6103. Requiring guaranteed broadband lending.

Sec. 6104. Smart utility authority for broadband.

Sec. 6105. Modifications to the Rural Gigabit Program.

Sec. 6106. Unified broadband reporting requirements.

Sec. 6107. Improving access by providing certainty to broadband borrowers.

Sec. 6108. Simplified application window.

Sec. 6109. Elimination of requirement to give priority to certain applicants.

Sec. 6110. Modification of buildout requirement.

Sec. 6111. Improving borrower refinancing options.

Sec. 6112. Elimination of unnecessary reporting requirements.

Sec. 6113. Access to broadband telecommunications services in rural areas.

Sec. 6114. Middle mile broadband infrastructure.

Sec. 6115. Outdated broadband systems.

Sec. 6116. Effective date.

Subtitle C—Consolidated Farm and Rural Development Act

Sec. 6201. Strengthening regional economic development incentives.

Sec. 6202. Expanding access to credit for rural communities.

Sec. 6203. Providing for additional fees for guaranteed loans.

Sec. 6204. Water, waste disposal, and wastewater facility grants.

Sec. 6205. Rural water and wastewater technical assistance and training programs.

Sec. 6206. Rural water and wastewater circuit rider program.

Sec. 6207. Tribal college and university essential community facilities.

Sec. 6208. Emergency and imminent community water assistance grant program.

Sec. 6209. Water systems for rural and native villages in Alaska.

Sec. 6210. Household water well systems.

Sec. 6211. Solid waste management grants.

Sec. 6212. Rural business development grants.

Sec. 6213. Rural cooperative development grants.

Sec. 6214. Locally or regionally produced agricultural food products.

Sec. 6215. Appropriate technology transfer for rural areas program.

Sec. 6216. Rural economic area partnership zones.

Sec. 6217. Intermediary relending program.

Sec. 6218. Exclusion of prison populations from definition of rural area.

Sec. 6219. National Rural Development Partnership.

Sec. 6220. Grants for NOAA weather radio transmitters.

Sec. 6221. Rural microentrepreneur assistance program.

Sec. 6222. Health care services.

Sec. 6223. Delta Regional Authority.

Sec. 6224. Northern Great Plains Regional Authority.

Sec. 6225. Rural business investment program.

Subtitle D—Rural Electrification Act of 1936

Sec. 6301. Guarantees for bonds and notes issued for electrification or telephone purposes.

Sec. 6302. Expansion of 911 access.

Sec. 6303. Improvements to the guaranteed underwriter program.

Sec. 6304. Extension of the rural economic development loan and grant program.

Subtitle E—Farm Security and Rural Investment Act of 2002

Sec. 6401. Rural energy savings program.

Sec. 6402. Biobased markets program.

Sec. 6403. Biorefinery, renewable, chemical, and biobased product manufacturing assistance.

Sec. 6404. Repowering assistance program.

Sec. 6405. Bioenergy program for advanced biofuels.

Sec. 6406. Biodiesel fuel education program.

Sec. 6407. Rural Energy for America Program.

Sec. 6408. Categorical exclusion for grants and financial assistance made under the Rural Energy for America Program.

Sec. 6409. Rural Energy Self-Sufficiency Initiative.

Sec. 6410. Feedstock flexibility.

Sec. 6411. Biomass Crop Assistance Program.

Subtitle F—Miscellaneous

Sec. 6501. Value-added agricultural product market development grants.

Sec. 6502. Agriculture innovation center demonstration program.

Sec. 6503. Regional economic and infrastructure development commissions.

Sec. 6504. Definition of rural area for purposes of the Housing Act of 1949.

Subtitle G—Program Repeals

Sec. 6601. Elimination of unfunded programs.

Sec. 6602. Repeal of Rural Telephone Bank.

Sec. 6603. Amendments to LOCAL TV Act.

Subtitle H—Technical corrections

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

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

Title VII—Research, Extension, and Related Matters

Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of 1977

Sec. 7101. International agriculture research.

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

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

Sec. 7104. Specialty crop committee.

Sec. 7105. Renewable energy committee discontinued.

Sec. 7106. Report on allocations and matching funds for 1890 institutions.

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

Sec. 7108. Agricultural and food policy research centers.

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

Sec. 7110. Repeal of nutrition education program.

Sec. 7111. Continuing animal health and disease research programs.

Sec. 7112. Extension carryover at 1890 land-grant colleges, including Tuskegee University.

Sec. 7113. Scholarships for students at 1890 institutions.

Sec. 7114. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University.

Sec. 7115. Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions.

Sec. 7116. Hispanic-serving institutions.

Sec. 7117. Land-grant designation.

Sec. 7118. Competitive grants for international agricultural science and education programs.

Sec. 7119. Limitation on indirect costs for agricultural research, education, and extension programs.

Sec. 7120. Research equipment grants.

Sec. 7121. University research.

Sec. 7122. Extension service.

Sec. 7123. Supplemental and alternative crops.

Sec. 7124. Capacity building grants for NLGCA institutions.

Sec. 7125. Aquaculture assistance programs.

Sec. 7126. Rangeland research programs.

Sec. 7127. Special authorization for biosecurity planning and response.

Sec. 7128. Distance education and resident instruction grants program for insular area institutions of higher education.

Sec. 7129. Removal of matching funds requirement for certain grants.

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

Sec. 7201. Best utilization of biological applications.

Sec. 7202. Integrated management systems.

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

Sec. 7204. National training program.

Sec. 7205. National Genetics Resources Program.

Sec. 7206. National Agricultural Weather Information System.

Sec. 7207. Agricultural genome to phenome initiative.

Sec. 7208. High-priority research and extension initiatives.

Sec. 7209. Organic agriculture research and extension initiative.

Sec. 7210. Farm business management.

Sec. 7211. Clarification of veteran eligibility for assistive technology program for farmers with disabilities.

Sec. 7212. National Rural Information Center Clearinghouse.

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

Sec. 7300. Ending limitation on funding under national food safety training, education, extension, outreach, and technical assistance program.

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

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

Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica.

Sec. 7304. Grants for youth organizations.

Sec. 7305. Specialty crop research initiative.

Sec. 7306. Food Animal Residue Avoidance Database program.

Sec. 7307. Office of Pest Management Policy.

Sec. 7308. Forestry products advanced utilization research.

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

Part I—Agricultural Security

Sec. 7401. Agricultural biosecurity communication center.

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

Sec. 7403. Research and development of agricultural countermeasures.

Sec. 7404. Agricultural biosecurity grant program.

Part II—Miscellaneous

Sec. 7411. Grazinglands research laboratory.

Sec. 7412. Natural products research program.

Sec. 7413. Sun grant program.

Subtitle E—Amendments to Other Laws

Sec. 7501. Critical Agricultural Materials Act.

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

Sec. 7503. Research Facilities Act.

Sec. 7504. Competitive, Special, and Facilities Research Grant Act.

Sec. 7505. Renewable Resources Extension Act of 1978.

Sec. 7506. National Aquaculture Act of 1980.

Sec. 7507. Beginning farmer and rancher development program.

Sec. 7508. Federal agriculture research facilities.

Sec. 7509. Biomass research and development.

Subtitle F—Other Matters

Sec. 7601. Enhanced use lease authority program.

Sec. 7602. Functions and Duties of the Under Secretary.

Sec. 7603. Reinstatement of District of Columbia matching requirement for certain land-grant university assistance.

Sec. 7604. Farmland tenure, transition, and entry data initiative.

Sec. 7605. Transfer of administrative jurisdiction, portion of Henry A. Wallace Beltsville Agricultural Research Center, Beltsville, Maryland.

Sec. 7606. Simplified plan of work.

Sec. 7607. Time and effort reporting exemption.

Sec. 7608. Public education on biotechnology in food and agriculture sectors.

Title VIII—Forestry

Subtitle A—Reauthorization and Modification of Certain Forestry Programs

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

Sec. 8102. Forest legacy program.

Sec. 8103. Community forest and open space conservation program.

Sec. 8104. State and private forest landscape-scale restoration program.

Sec. 8105. Rural revitalization technologies.

Sec. 8106. Community wood energy and wood innovation program.

Sec. 8107. Healthy Forests Restoration Act of 2003 amendments.

Sec. 8108. National Forest Foundation Act authorities.

Subtitle B—Secure Rural Schools and Community Self-Determination Act of 2000 Amendments

Sec. 8201. Use of reserved funds for title II projects on Federal land and certain non-Federal land.

Sec. 8202. Resource advisory committees.

Sec. 8203. Program for title II self-sustaining resource advisory committee projects.

Subtitle C—Availability of Categorical Exclusions To Expedite Forest Management Activities

Part I—General Provisions

Sec. 8301. Definitions.

Sec. 8302. Rule of application for National Forest System lands and public lands.

Sec. 8303. Consultation under the Endangered Species Act.

Sec. 8304. Secretarial discretion in the case of two or more categorical exclusions.

Part II—Categorical Exclusions

Sec. 8311. Categorical exclusion to expedite certain critical response actions.

Sec. 8312. Categorical exclusion to expedite salvage operations in response to catastrophic events.

Sec. 8313. Categorical exclusion to meet forest plan goals for early successional forests.

Sec. 8314. Categorical exclusion for hazard trees.

Sec. 8315. Categorical exclusion to improve or restore National Forest System lands or public land or reduce the risk of wildfire.

Sec. 8316. Categorical exclusion for forest restoration.

Sec. 8317. Categorical exclusion for infrastructure forest management activities.

Sec. 8318. Categorical exclusion for developed recreation sites.

Sec. 8319. Categorical exclusion for administrative sites.

Sec. 8320. Categorical exclusion for special use authorizations.

Sec. 8321. Clarification of existing categorical exclusion authority related to insect and disease infestation.

Part III—Miscellaneous Forest Management Activities

Sec. 8331. Good neighbor agreements.

Sec. 8332. Promoting cross-boundary wildfire mitigation.

Sec. 8333. Regulations regarding designation of dead or dying trees of certain tree species on National Forest System lands in California as exempt from prohibition on export of unprocessed timber originating from Federal lands.

Subtitle D—Tribal Forestry Participation and Protection

Sec. 8401. Protection of Tribal forest assets through use of stewardship end result contracting and other authorities.

Sec. 8402. Tribal forest management demonstration project.

Subtitle E—Other Matters

Sec. 8501. Clarification of research and development program for wood building construction.

Sec. 8502. Utility infrastructure rights-of-way vegetation management pilot program.

Sec. 8503. Revision of extraordinary circumstances regulations.

Sec. 8504. No loss of funds for wildfire suppression.

Sec. 8505. Technical corrections.

Title IX—Horticulture

Subtitle A—Horticulture marketing and information

Sec. 9001. Specialty crops market news allocation.

Sec. 9002. Farmers’ Market and Local Food Promotion Program.

Sec. 9003. Food safety education initiatives.

Sec. 9004. Specialty crop block grants.

Sec. 9005. Amendments to the Plant Variety Protection Act.

Sec. 9006. Organic programs.

Subtitle B—Regulatory Reform

Part I—State lead agencies under Federal Insecticide, Fungicide, and Rodenticide Act

Sec. 9101. Recognition and role of State lead agencies.

Part II—Pesticide registration and use

Sec. 9111. Registration of pesticides.

Sec. 9112. Experimental use permits.

Sec. 9113. Administrative review; suspension.

Sec. 9114. Unlawful acts.

Sec. 9115. Authority of States.

Sec. 9116. Regulations.

Sec. 9117. Use of authorized pesticides.

Sec. 9118. Discharges of pesticides.

Sec. 9119. Enactment of Pesticide Registration Improvement Enhancement Act of 2017.

Part III—Amendments to the Plant Protection Act

Sec. 9121. Methyl bromide.

Part IV—Amendments to other laws

Sec. 9131. Definition of retail facilities.

Subtitle C—Other Matters

Sec. 9201. Report on regulation of plant biostimulants.

Sec. 9202. Pecan marketing orders.

Sec. 9203. Report on honey and maple syrup.

Title X—Crop Insurance

Sec. 10001. Treatment of forage and grazing.

Sec. 10002. Administrative basic fee.

Sec. 10003. Prevention of duplicative coverage.

Sec. 10004. Repeal of unused authority.

Sec. 10005. Continued authority.

Sec. 10006. Program administration.

Sec. 10007. Maintenance of policies.

Sec. 10008. Research and development priorities.

Sec. 10009. Extension of funding for research and development.

Sec. 10010. Education and risk management assistance.

Title XI—Miscellaneous

Subtitle A—Livestock

Sec. 11101. Animal Disease Preparedness and Response.

Sec. 11102. National Aquatic Animal Health Plan.

Sec. 11103. Veterinary training.

Sec. 11104. Report on FSIS guidance and outreach to small meat processors.

Subtitle B—Beginning, Socially Disadvantaged, and Veteran Producers

Sec. 11201. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers.

Sec. 11202. Office of Partnerships and Public Engagement.

Sec. 11203. Commission on Farm Transitions—Needs for 2050.

Sec. 11204. Agricultural youth organization coordinator.

Subtitle C—Textiles

Sec. 11301. Repeal of Pima Agriculture Cotton Trust Fund.

Sec. 11302. Repeal of Agriculture Wool Apparel Manufacturers Trust Fund.

Sec. 11303. Repeal of wool research and promotion grants funding.

Sec. 11304. Textile Trust Fund.

Subtitle D—United States Grain Standards Act

Sec. 11401. Restoring certain exceptions to United States Grain Standards Act.

Subtitle E—Noninsured Crop Disaster Assistance Program

Sec. 11501. Eligible crops.

Sec. 11502. Service fee.

Sec. 11503. Payments equivalent to additional coverage.

Subtitle F—Other Matters

Sec. 11601. Under Secretary of Agriculture for Farm Production and Conservation.

Sec. 11602. Authority of Secretary to carry out certain programs under Department of Agriculture Reorganization Act of 1994.

Sec. 11603. Conference report requirement threshold.

Sec. 11604. National agriculture imagery program.

Sec. 11605. Report on inclusion of natural stone products in Commodity Promotion, Research, and Information Act of 1996.

Sec. 11606. South Carolina inclusion in Virginia/Carolina peanut producing region.

Sec. 11607. Establishment of Food Loss and Waste Reduction Liaison.

Sec. 11608. Cotton classification services.

Sec. 11609. Century farms program.

Sec. 11610. Report on agricultural innovation.

Sec. 11611. Report on dog importation.

Sec. 11612. Prohibition on slaughter of dogs and cats for human consumption.

Subtitle G—Protecting interstate commerce

Sec. 11701. Prohibition against interference by State and local governments with production or manufacture of items in other States.

Sec. 11702. Federal cause of action to challenge State regulation of interstate commerce.

2.

Definition of Secretary of Agriculture

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

I

Commodities

A

Commodity Policy

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

The term base acres has the meaning given the term in section 1111(4)(A) of the Agricultural Act of 2014 (7 U.S.C. 9011(4)(A)), subject to any reallocation, adjustment, or reduction under section 1112.

(5)

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, seed cotton, and peanuts.

(6)

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.

(7)

Effective reference price

The term effective reference price, with respect to a covered commodity for a crop year, means the lesser of the following:

(A)

An amount equal to 115 percent of the reference price for such covered commodity.

(B)

An amount equal to the greater of—

(i)

the reference price for such covered commodity; or

(ii)

85 percent of the average of the marketing year average price of the covered commodity for the most recent 5 crop years, excluding each of the crop years with the highest and lowest marketing year average price.

(8)

Extra long staple cotton

The term extra long staple cotton 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)

Marketing year average price

The term marketing year average price means the national average market price received by producers during the 12-month marketing year for a covered commodity, as determined by the Secretary.

(10)

Medium grain rice

The term medium grain rice includes short grain rice and temperate japonica rice.

(11)

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.

(12)

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.

(13)

Payment yield

The term payment yield, for a farm for a covered commodity—

(A)

means the yield used to make payments pursuant to section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016); or

(B)

means the yield established under section 1113.

(14)

Price loss coverage

The term price loss coverage means coverage provided under section 1116.

(15)

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.

(16)

Pulse crop

The term pulse crop means dry peas, lentils, small chickpeas, and large chickpeas.

(17)

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.

(N)

For large chickpeas, $21.54 per hundredweight.

(O)

For seed cotton, $0.367 per pound.

(18)

Secretary

The term Secretary means the Secretary of Agriculture.

(19)

Seed cotton

The term seed cotton means unginned upland cotton that includes both lint and seed.

(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 establishment of a reference price (as required under section 1116(g)) and an effective price pursuant to section 1116; and

(B)

the determination of the actual crop revenue and agriculture risk coverage guarantee pursuant to section 1117.

(22)

Transitional yield

The term transitional yield 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.

1112.

Base acres

(a)

Adjustment of Base Acres

(1)

In general

The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occur:

(A)

A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) 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.

(b)

Prevention of Excess Base Acres

(1)

Required reduction

If the sum of the base acres for a farm and the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm so that the sum of the base acres and the acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm.

(2)

Other acreage

For purposes of paragraph (1), the Secretary shall include the following:

(A)

Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 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 (a)(1)(C).

(3)

Selection of acres

The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity for the farm against which the reduction required by paragraph (1) will be made.

(4)

Exception for double-cropped acreage

In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.

(c)

Reduction in Base Acres

(1)

Reduction at option of owner

(A)

In general

The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm.

(B)

Effect of reduction

A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.

(2)

Required action by Secretary

(A)

In general

The Secretary shall proportionately reduce base acres on a farm for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land—

(i)

remains devoted to commercial agricultural production; or

(ii)

is likely to be returned to the previous agricultural use.

(B)

Requirement

The Secretary shall establish procedures to identify land described in subparagraph (A).

(3)

Treatment of unplanted base

In the case of a farm on which no covered commodities (including seed cotton) were planted or prevented from being planted during the period beginning on January 1, 2009, and ending on December 31, 2017, the Secretary shall allocate all base acres on the farm to unassigned crop base for which no payment shall be made under section 1116 or 1117.

(4)

Prohibition on reconstitution of farm

The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change the treatment of base acres under this section.

1113.

Payment yields

(a)

Treatment of designated oilseeds

(1)

In general

For the purpose of making price loss coverage payments under section 1116, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed for which a payment yield was not established under section 1113 of the Agricultural Act of 2014 (7 U.S.C. 9013) in accordance with this section.

(2)

Payment Yields for Designated Oilseeds

In the case of designated oilseeds, the payment yield shall be equal to 90 percent of the average of the yield per planted acre for the most recent five crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero.

(3)

Application

This subsection shall apply to oilseeds designated after the date of the enactment of this Act.

(b)

Effect of Lack of Payment Yield

(1)

Establishment by secretary

In the case of a covered commodity on a farm for which base acres have been established, if no payment yield is otherwise established for the covered commodity on the farm, the Secretary shall establish an appropriate payment yield for the covered commodity on the farm under paragraph (2).

(2)

Use of similarly situated farms

To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law.

(c)

Single opportunity to update yields in counties affected by drought

(1)

Election to update

In the case of a farm that is physically located in a county in which any area of the county was rated by the U.S. Drought Monitor as having a D4 (exceptional drought) intensity for 20 or more consecutive weeks during the period beginning January 1, 2008 and ending December 31, 2012, at the sole discretion of the owner of such farm, the owner of a farm shall have a 1-time opportunity to update, on a covered commodity-by covered-commodity basis, the payment yield that would otherwise be used in calculating any price loss coverage payment for each covered commodity on the farm for which the election is made.

(2)

Method of updating yields for covered commodities

If the owner of a farm elects to update yields under paragraph (1), the payment yield for covered commodities on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to 90 percent of the average of the yield per planted acre for the crop of covered commodities on the farm for the 2013 through 2017 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero.

(3)

Use of county average yield

For the purposes of determining the average yield under paragraph (2), if the yield per planted acre for a crop of a covered commodity for a farm for any of the crop years specified in paragraph (2) was less than 75 percent of the average of county yields for those same years for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2013 though 2017 county yield for the covered commodity.

(4)

Upland cotton conversion

In the case of seed cotton, for purposes of determining the average of the yield per planted acre under paragraph (2), the average yield for seed cotton per planted acre shall be equal to 2.4 times the average yield for upland cotton per planted acre.

(5)

Time for Election

An election under this subsection shall be made at a time and manner so as to be in effect beginning with the 2019 crop year, as determined by the Secretary.

1114.

Payment acres

(a)

Determination of Payment Acres

Subject to subsection (d), for the purpose of price loss coverage and agriculture risk coverage, the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm.

(b)

Effect of Minimal Payment Acres

(1)

Prohibition on payments

Notwithstanding any other provision of this title, a producer on a farm may not receive price loss coverage payments or agriculture risk coverage payments if the sum of the base acres on the farm is 10 acres or less, as determined by the Secretary, unless the sum of the base acres on the farm, when combined with the base acres of other farms in which the producer has an interest, is more than 10 acres.

(2)

Exceptions

Paragraph (1) does not apply to a producer that is—

(A)

a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))); or

(B)

a limited resource farmer or rancher, as defined by the Secretary.

(c)

Effect of Planting Fruits and Vegetables

(1)

Reduction required

In the manner provided in this subsection, payment acres on a farm shall be reduced in any crop year in which fruits, vegetables (other than mung beans and pulse crops), or wild rice have been planted on base acres on a farm.

(2)

Price loss coverage and agricultural risk coverage

In the case of price loss coverage payments and agricultural risk coverage payments, the reduction under paragraph (1) shall be the amount equal to the base acres planted to crops referred to in such paragraph in excess of 15 percent of base acres.

(3)

Reduction exceptions

No reduction to payment acres shall be made under this subsection if—

(A)

cover crops or crops referred to in paragraph (1) are grown solely for conservation purposes and not harvested for use or sale, as determined by the Secretary; or

(B)

in any region in which there is a history of double-cropping covered commodities with crops referred to in paragraph (1) and such crops were so double-cropped on the base acres, as determined by the Secretary.

(4)

Effect of reduction

For each crop year for which fruits, vegetables (other than mung beans and pulse crops), or wild rice are planted to base acres on a farm for which a reduction in payment acres is made under this subsection, the Secretary shall consider such base acres to be planted, or prevented from planting, to a covered commodity for purposes of any adjustment or reduction of base acres for the farm under section 1112.

(d)

Unassigned crop base

The Secretary shall maintain information on base acres allocated as unassigned crop base pursuant to—

(1)

section 1112(c)(3); or

(2)

section 1112(a) of the Agricultural Act of 2014 (7 U.S.C. 9012(a)).

1115.

Producer election

(a)

Election required

For the 2019 through 2023 crop years, all of the producers on a farm shall make a 1-time, irrevocable election to obtain on a covered-commodity-by-covered-commodity basis—

(1)

price loss coverage under section 1116; or

(2)

agriculture risk coverage under section 1117.

(b)

Effect of failure to make unanimous election

If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2019 crop year—

(1)

the Secretary shall not make any payments with respect to the farm for the 2019 crop year under section 1116 or 1117; and

(2)

the producers on the farm shall be deemed to have elected price loss coverage under section 1116 for all covered commodities on the farm for the 2020 through 2023 crop years.

(c)

Prohibition on Reconstitution

The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election made under this section.

1116.

Price loss coverage

(a)

Price Loss Coverage Payments

If all of the producers on a farm make the election under subsection (a) of section 1115 to obtain price loss coverage or, subject to subsection (b)(1) of such section, are deemed to have made such election under subsection (b)(2) of such section, the Secretary shall make price loss coverage payments to producers on the farm on a covered-commodity-by-covered-commodity basis if the Secretary determines that, for any of the 2019 through 2023 crop years—

(1)

the effective price for the covered commodity for the crop year; is less than

(2)

the effective reference price for the covered commodity for the crop year.

(b)

Effective Price

The effective price for a covered commodity for a crop year shall be the higher of—

(1)

the marketing year average price; or

(2)

the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B.

(c)

Payment Rate

The payment rate shall be equal to the difference between—

(1)

the effective reference price for the covered commodity; and

(2)

the effective price determined under subsection (b) for the covered commodity.

(d)

Payment Amount

If price loss coverage payments are required to be provided under this section for any of the 2019 through 2023 crop years for a covered commodity, the amount of the price loss coverage payment to be paid to the producers on a farm for the crop year shall be equal to the product obtained by multiplying—

(1)

the payment rate for the covered commodity under subsection (c);

(2)

the payment yield for the covered commodity; and

(3)

the payment acres for the covered commodity determined under section 1114.

(e)

Time for Payments

If the Secretary determines under this section that price loss coverage payments are required to be provided for the covered commodity, the payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity.

(f)

Effective price for Barley

In determining the effective price for barley under subsection (b), the Secretary shall use the all-barley price.

(g)

Reference Price for Temperate Japonica Rice

In order to reflect price premiums, the Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to the amount established under subparagraph (F) of section 1111(17), as adjusted by paragraph (7) of such section, multiplied by the ratio obtained by dividing—

(1)

the simple average of the marketing year average price of medium grain rice from the 2012 through 2016 crop years; by

(2)

the simple average of the marketing year average price of all rice from the 2012 through 2016 crop years.

1117.

Agriculture risk coverage

(a)

Agriculture Risk Coverage Payments

If all of the producers on a farm make the election under section 1115(a) to obtain agriculture risk coverage, the Secretary shall make agriculture risk coverage payments to producers on the farm if the Secretary determines that, for any of the 2019 through 2023 crop years—

(1)

the actual crop revenue determined under subsection (b) for the crop year; is less than

(2)

the agriculture risk coverage guarantee determined under subsection (c) for the crop year.

(b)

Actual crop revenue

The amount of the actual crop revenue for a county for a crop year of a covered commodity shall be equal to the product obtained by multiplying—

(1)

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

(2)

the higher of—

(A)

the marketing year average price; or

(B)

the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B.

(c)

Agriculture Risk Coverage Guarantee

(1)

In general

The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 86 percent of the benchmark revenue.

(2)

Benchmark revenue

The benchmark revenue shall be equal to the product obtained by multiplying—

(A)

subject to paragraph (3), the average historical county yield as determined by the Secretary for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and

(B)

subject to paragraph (4), the marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices.

(3)

Yield conditions

If the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 70 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) shall be 70 percent of the transitional yield.

(4)

Reference price

If the marketing year average price for any of the 5 most recent crop years is lower than the reference price for the covered commodity, the Secretary shall use the reference price for any of those years for the amounts in paragraph (2)(B).

(d)

Payment Rate

The payment rate for a covered commodity in a county shall be equal to the lesser of—

(1)

the amount that—

(A)

the agriculture risk coverage guarantee for the crop year applicable under subsection (c); exceeds

(B)

the actual crop revenue for the crop year applicable under subsection (b); or

(2)

10 percent of the benchmark revenue for the crop year applicable under subsection (c).

(e)

Payment Amount

If agriculture risk coverage payments are required to be paid for any of the 2019 through 2023 crop years, the amount of the agriculture risk coverage payment for the crop year shall be determined by multiplying—

(1)

the payment rate for the covered commodity determined under subsection (d); and

(2)

the payment acres for the covered commodity determined under section 1114.

(f)

Time for Payments

If the Secretary determines that agriculture risk coverage payments are required to be provided for the covered commodity, payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity.

(g)

Additional Duties of the Secretary

In providing agriculture risk coverage, the Secretary shall—

(1)

to the maximum extent practicable, use all available information and analysis, including data mining, to check for anomalies in the determination of agriculture risk coverage payments;

(2)

calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities;

(3)

assign an actual or benchmark county yield for each planted acre for the crop year for the covered commodity—

(A)

for a county for which county data collected by the Risk Management Agency is sufficient for the Secretary to offer a county-wide insurance product using the actual average county yield determined by the Risk Management Agency; or

(B)

for a county not described in subparagraph (A) using—

(i)

other sources of yield information, as determined by the Secretary; or

(ii)

the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary; and

(4)

make payments, as applicable, to producers using the payment rate of the county of the physical location of the base acres of a farm.

1118.

Producer agreements

(a)

Compliance With Certain Requirements

(1)

Requirements

Before the producers on a farm may receive payments under this subtitle with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments—

(A)

to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 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.

(c)

Acreage Reports

As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.

(d)

Effect of Inaccurate Reports

No penalty with respect to benefits under this subtitle or subtitle B shall be assessed against a producer on a farm for an inaccurate acreage report unless the Secretary determines that the producer on the farm knowingly and willfully falsified the acreage report.

(e)

Tenants and Sharecroppers

In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.

(f)

Sharing of Payments

The Secretary shall provide for the sharing of payments made under this subtitle among the producers on a farm on a fair and equitable basis.

B

Marketing Loans

1201.

Availability of nonrecourse marketing assistance loans for loan commodities

(a)

Definition of loan commodity

In this subtitle, the term loan commodity 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 2019 through 2023 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm.

(2)

Terms and conditions

The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 1202 for the loan commodity.

(c)

Eligible production

The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm.

(d)

Compliance with conservation and wetlands requirements

As a condition of the receipt of a marketing assistance loan under subsection (b), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 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.

1202.

Loan rates for nonrecourse marketing assistance loans

(a)

In General

For purposes of each of the 2019 through 2023 crop years, the loan rate for a marketing assistance loan under section 1201 for a loan commodity shall be equal to the following:

(1)

In the case of wheat, $2.94 per bushel.

(2)

In the case of corn, $1.95 per bushel.

(3)

In the case of grain sorghum, $1.95 per bushel.

(4)

In the case of barley, $1.95 per bushel.

(5)

In the case of oats, $1.39 per bushel.

(6)
(A)

Subject to subparagraphs (B) and (C), in the case of base quality of upland cotton, the simple average of the adjusted prevailing world price for the 2 immediately preceding marketing years, as determined by the Secretary and announced October 1 preceding the next domestic planting.

(B)

Except as provided in subparagraph (C), the loan rate determined under subparagraph (A) may not equal less than an amount equal to 98 percent of the loan rate for base quality of upland cotton for the preceding year.

(C)

The loan rate determined under subparagraph (A) may not be equal to an amount—

(i)

less than $0.45 per pound; or

(ii)

more than $0.52 per pound.

(7)

In the case of extra long staple cotton, $0.95 per pound.

(8)

In the case of long grain rice, $6.50 per hundredweight.

(9)

In the case of medium grain rice, $6.50 per hundredweight.

(10)

In the case of soybeans, $5.00 per bushel.

(11)

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

(A)

Sunflower seed.

(B)

Rapeseed.

(C)

Canola.

(D)

Safflower.

(E)

Flaxseed.

(F)

Mustard seed.

(G)

Crambe.

(H)

Sesame seed.

(I)

Other oilseeds designated by the Secretary.

(12)

In the case of dry peas, $5.40 per hundredweight.

(13)

In the case of lentils, $11.28 per hundredweight.

(14)

In the case of small chickpeas, $7.43 per hundredweight.

(15)

In the case of large chickpeas, $11.28 per hundredweight.

(16)

In the case of graded wool, $1.15 per pound.

(17)

In the case of nongraded wool, $0.40 per pound.

(18)

In the case of mohair, $4.20 per pound.

(19)

In the case of honey, $0.69 per pound.

(20)

In the case of peanuts, $355 per ton.

(b)

Single County Loan Rate for Other Oilseeds

The Secretary shall establish a single loan rate in each county for each kind of other oilseeds described in subsection (a)(11).

(c)

Rule for seed cotton

(1)

In general

For purposes of sections 1116(b)(2) and 1117(b)(2)(B) only, seed cotton shall be deemed to have a loan rate equal to $0.25 per pound.

(2)

Rule of construction

Nothing in this subsection shall be construed to authorize nonrecourse marketing assistance loans under this subtitle for seed cotton.

1203.

Term of loans

(a)

Term of Loan

In the case of each loan commodity, a marketing assistance loan under section 1201 shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made.

(b)

Extensions Prohibited

The Secretary may not extend the term of a marketing assistance loan for any loan commodity.

1204.

Repayment of loans

(a)

General Rule

The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of—

(1)

the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283));

(2)

a rate (as determined by the Secretary) that—

(A)

is calculated based on average market prices for the loan commodity during the preceding 30-day period; and

(B)

will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or

(3)

a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will—

(A)

minimize potential loan forfeitures;

(B)

minimize the accumulation of stocks of the commodity by the Federal Government;

(C)

minimize the cost incurred by the Federal Government in storing the commodity;

(D)

allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and

(E)

minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.

(b)

Repayment Rates for Upland Cotton, Long Grain Rice, and Medium Grain Rice

The Secretary shall permit producers to repay a marketing assistance loan under section 1201 for upland cotton, long grain rice, and medium grain rice at a rate that is the lesser of—

(1)

the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); 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

(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, 2024, if the Secretary determines the adjustment is necessary—

(i)

to minimize potential loan forfeitures;

(ii)

to minimize the accumulation of stocks of upland cotton by the Federal Government;

(iii)

to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and

(iv)

to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if—

(I)

there are insufficient current-crop price quotations; and

(II)

the forward-crop price quotation is the lowest such quotation available.

(3)

Guidelines for additional adjustments

In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market.

(f)

Repayment Rates for Confectionery and Other Kinds of Sunflower Seeds

The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of—

(1)

the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); or

(2)

the repayment rate established for oil sunflower seed.

(g)

Payment of Cotton Storage Costs

Effective for each of the 2019 through 2023 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 10 percent.

(h)

Repayment Rate for Peanuts

The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under section 1201 at a rate that is the lesser of—

(1)

the loan rate established for peanuts under section 1202(a)(20), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); 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.

1205.

Loan deficiency payments

(a)

Availability of Loan Deficiency Payments

(1)

In general

Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.

(2)

Unshorn pelts, hay, and silage

(A)

Marketing assistance loans

Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201.

(B)

Loan deficiency payment

Effective for each of the 2019 through 2023 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.

(b)

Computation

A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying—

(1)

the payment rate determined under subsection (c) for the commodity; by

(2)

the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 1201.

(c)

Payment Rate

(1)

In general

In the case of a loan commodity, the payment rate shall be the amount by which—

(A)

the loan rate established under section 1202 for the loan commodity; exceeds

(B)

the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.

(2)

Unshorn pelts

In the case of unshorn pelts, the payment rate shall be the amount by which—

(A)

the loan rate established under section 1202 for ungraded wool; exceeds

(B)

the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204.

(3)

Hay and silage

In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—

(A)

the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds

(B)

the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.

(d)

Exception for Extra Long Staple Cotton

This section shall not apply with respect to extra long staple cotton.

(e)

Effective Date for Payment Rate Determination

The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.

1206.

Payments in lieu of loan deficiency payments for grazed acreage

(a)

Eligible Producers

(1)

In general

Effective for each of the 2019 through 2023 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.

(2)

Grazing of triticale acreage

Effective for each of the 2019 through 2023 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.

(b)

Payment Amount

(1)

In general

The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying—

(A)

the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by

(B)

the payment quantity determined by multiplying—

(i)

the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and

(ii)
(I)

the payment yield in effect for the calculation of price loss coverage under section 1116 with respect to that loan commodity on the farm;

(II)

in the case of a farm for which agriculture risk coverage is elected under section 1117, the payment yield that would otherwise be in effect with respect to that loan commodity on the farm in the absence of such election; or

(III)

in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(b).

(2)

Grazing of triticale acreage

The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying—

(A)

the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by

(B)

the payment quantity determined by multiplying—

(i)

the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and

(ii)
(I)

the payment yield in effect for the calculation of price loss coverage under subtitle A with respect to wheat on the farm;

(II)

in the case of a farm for which agriculture risk coverage is elected under section 1117, the payment yield that would otherwise be in effect for wheat on the farm in the absence of such election; or

(III)

in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(b).

(c)

Time, Manner, and Availability of Payment

(1)

Time and manner

A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205.

(2)

Availability

(A)

In general

The Secretary shall establish an availability period for the payments authorized by this section.

(B)

Certain commodities

In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle.

(d)

Prohibition on crop insurance indemnity or noninsured crop assistance

A 2019 through 2023 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).

1207.

Special marketing loan provisions for upland cotton

(a)

Special import quota

(1)

Definition of special import quota

In this subsection, the term special import quota 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, 2019, as provided in this subsection.

(B)

Program requirements

Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest priced United States growth, as quoted for Middling (M) 13/32-inch upland 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

(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 of prior quota

If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.

(C)

Preferential tariff treatment

The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—

(i)

section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));

(ii)

section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);

(iii)

section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); and

(iv)

General Note 3(a)(iv) to the Harmonized Tariff Schedule.

(D)

Quota entry period

When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.

(3)

No overlap

Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a).

(c)

Economic adjustment assistance for textile mills

(1)

In general

Subject to paragraph (2), the Secretary shall, on a monthly basis, make economic adjustment assistance available to domestic users of upland cotton in the form of payments for all documented use of that upland cotton during the previous monthly period regardless of the origin of the upland cotton.

(2)

Value of assistance

The value of the assistance provided under paragraph (1) shall be 3.15 cents per pound.

(3)

Allowable purposes

Economic adjustment assistance under this subsection shall be made available only to domestic users of upland cotton that certify that the assistance shall be used only to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery.

(4)

Review or audit

The Secretary may conduct such review or audit of the records of a domestic user under this subsection as the Secretary determines necessary to carry out this subsection.

(5)

Improper use of assistance

If the Secretary determines, after a review or audit of the records of the domestic user, that economic adjustment assistance under this subsection was not used for the purposes specified in paragraph (3), the domestic user shall be—

(A)

liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; and

(B)

ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary.

1208.

Special competitive provisions for extra long staple cotton

(a)

Competitiveness Program

Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act through July 31, 2024, the Secretary shall carry out a program—

(1)

to maintain and expand the domestic use of extra long staple cotton produced in the United States;

(2)

to increase exports of extra long staple cotton produced in the United States; and

(3)

to ensure that extra long staple cotton produced in the United States remains competitive in world markets.

(b)

Payments under program; trigger

Under the program, the Secretary shall make payments available under this section whenever—

(1)

for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and

(2)

the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 113 percent of the loan rate for extra long staple cotton.

(c)

Eligible Recipients

The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section.

(d)

Payment Amount

Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period.

1209.

Availability of recourse loans

(a)

High moisture feed grains

(1)

Definition of high moisture state

In this subsection, the term high moisture state 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 2019 through 2023 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that—

(A)

normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state;

(B)

present—

(i)

certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or

(ii)

field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation;

(C)

certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and

(D)

comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary.

(3)

Eligibility of acquired feed grains

A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying—

(A)

the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by

(B)

the lower of—

(i)

the payment yield in effect for the calculation of price loss coverage under section 1116, or the payment yield deemed to be in effect or established under subclause (II) or (III) of section 1206(b)(1)(B)(ii), with respect to corn or grain sorghum on a field that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained; or

(ii)

the actual yield of corn or grain sorghum on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained.

(b)

Recourse loans available for seed cotton

For each of the 2019 through 2023 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production.

(c)

Recourse loans available for contaminated commodities

In the case of a loan commodity that is ineligible for 100 percent of the nonrecourse marketing loan rate in the county due to a determination that the commodity is contaminated yet still merchantable, for each of the 2019 through 2023 crops of such loan commodity, the Secretary shall make available recourse commodity loans, at the rate provided under section 1202, on any production.

(d)

Repayment Rates

Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).

1210.

Adjustments of loans

(a)

Adjustment authority

Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.

(b)

Manner of adjustment

The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitle C.

(c)

Cost saving option

In carrying out this title, the Secretary shall consider methods to enhance the support, loan, or assistance provided under this title in a manner that further minimizes the potential for forfeitures.

(d)

Adjustment on county basis

(1)

In general

The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.

(2)

Prohibition

Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.

(e)

Adjustment in loan rate for cotton

(1)

In general

The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors.

(2)

Types of adjustments

Loan rate adjustments under paragraph (1) may include—

(A)

the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;

(B)

adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and

(C)

such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3).

(3)

Consultation with private sector

(A)

Prior to revision

In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry.

(B)

Inapplicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection.

(4)

Review of adjustments

The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further adjustments to the administration of the loan program for upland cotton, by revoking or revising any adjustment taken under paragraph (2).

(f)

Rice

The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields).

(g)

Continuation of authority

Section 166 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7286) is amended by striking and Subtitle B of title I of the Agricultural Act of 2014 each place it appears and inserting subtitle B of title I of the Agricultural Act of 2014, and subtitle B of title I of the Agriculture and Nutrition Act of 2018.

C

Sugar

1301.

Sugar policy

(a)

Continuation of Current Program and Loan Rates

(1)

Sugarcane

Section 156(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)(4)) is amended by striking 2018 and inserting 2023.

(2)

Sugar beets

Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by striking 2018 and inserting 2023.

(3)

Effective period

Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by striking 2018 and inserting 2023.

(b)

Flexible Marketing Allotments for Sugar

(1)

Sugar estimates

Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by striking 2018 and inserting 2023.

(2)

Effective period

Section 359l(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking 2018 and inserting 2023.

D

Dairy Risk Management Program and Other Dairy Programs

1401.

Dairy risk management program for dairy producers

(a)

Review of data used in calculation of average feed cost

Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating the extent to which the average cost of feed used by a dairy operation to produce a hundredweight of milk calculated by the Secretary as required by section 1402(a) of the Agricultural Act of 2014 (7 U.S.C. 9052(a)) is representative of actual dairy feed costs.

(b)

Corn silage report

Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report detailing the costs incurred by dairy operations in the use of corn silage as feed, and the difference between the feed cost of corn silage and the feed cost of corn.

(c)

Collection of alfalfa hay data

Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture, acting through the National Agricultural Statistics Service, shall revise monthly price survey reports to include prices for high-quality alfalfa hay in the top five milk producing States, as measured by volume of milk produced during the previous month.

(d)

Registration of multiproducer dairy operations

Section 1404(b) of the Agricultural Act of 2014 (7 U.S.C. 9054(b)) is amended—

(1)

in paragraph (3), by striking If and inserting Subject to paragraph (5), if; and

(2)

by adding at the end the following new paragraph:

(5)

Certain multiproducer dairy operation exclusions

(A)

Exclusion of low-percentage owners

To promote administrative efficiency in the dairy risk management program, a multiproducer dairy operation covered by paragraph (3) may elect, at the option of the multiproducer dairy operation, to exclude information from the registration process regarding any individual owner of the multiproducer dairy operation that—

(i)

holds less than a five percent ownership interest in the multiproducer dairy operation; or

(ii)

is entitled to less than five percent of the income, revenue, profit, gain, loss, expenditure, deduction, or credit of the multiproducer dairy operation for any given year.

(B)

Effect of exclusion on dairy risk management payments

To the extent that an individual owner of a multiproducer dairy operation is excluded under subparagraph (A) from the registration of the multiproducer dairy operation, any dairy risk management payment made to the multiproducer dairy operation shall be reduced by an amount equal to the greater of the following:

(i)

The amount determined by multiplying the dairy risk management payment otherwise determined under section 1406 by the total percentage of ownership interests represented by the excluded owners.

(ii)

The amount determined by multiplying the dairy risk management payment otherwise determined under section 1406 by the total percentage of the income, revenue, profit, gain, loss, expenditure, deduction, or credit of the multiproducer dairy operation represented by the excluded owners.

.

(e)

Relation to livestock gross margin for dairy program

Section 1404(d) of the Agricultural Act of 2014 (7 U.S.C. 9054(d)) is amended—

(1)

by striking but not both and inserting but not on the same production;

(2)

by striking or the and inserting and the; and

(3)

by striking margin protection program and inserting dairy risk management program.

(f)

Production history of participating dairy operators

(1)

Continued use of prior dairy operation production history

Section 1405(a)(1) of the Agricultural Act of 2014 (7 U.S.C. 9055(a)(1)) is amended by adding at the end the following new sentence: The production history of a participating dairy operation shall continue to be based on annual milk marketings during the 2011, 2012, or 2013 calendar year notwithstanding the operation of the dairy risk management program through 2023..

(2)

Adjustment

Section 1405(a) of the Agricultural Act of 2014 (7 U.S.C. 9055(a)) is amended—

(A)

in paragraph (2), by striking In subsequent years and inserting In the subsequent calendar years ending before January 1, 2019; and

(B)

in paragraph (3), by inserting , as applicable after paragraph (2).

(3)

Limitation on changes to business structure

Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended by adding at the end the following new subsection:

(d)

Limitation on changes to business structure

The Secretary may not make dairy risk management payments to a participating dairy operation if the Secretary determines that the participating dairy operation has reorganized the structure of such operation solely for the purpose of qualifying as a new operation under subsection (b).

.

(g)

Dairy risk management payments

(1)

Election of coverage level threshold and coverage percentage

Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended—

(A)

in subsection (a), by striking annually; and

(B)

by adding at the end the following new subsection:

(d)

Deadline for election; duration

Not later than 90 days after the date of the enactment of this subsection, each participating dairy operation shall elect a coverage level threshold under subsection (a)(1) and a coverage percentage under subsection (a)(2) to be used to determine dairy risk management payments. This election shall remain in effect for the participating dairy operation for the duration of the dairy risk management program, as specified in section 1409.

.

(2)

Additional coverage level thresholds for certain producers

Section 1406(a)(1) of the Agricultural Act of 2014 (7 U.S.C. 9056(a)(1)) is amended by inserting after or $8.00 the following: (and in the case of production subject to premiums under section 1407(b), also $8.50 or $9.00).

(3)

Election of production history coverage percentage

Section 1406(a)(2) of the Agricultural Act of 2014 (7 U.S.C. 9056(a)(2)) is amended by striking beginning with 25 percent and not exceeding and inserting but not to exceed.

(h)

Premiums for participation in dairy risk management program

(1)

Premium per hundredweight for first 5 million pounds of production

Section 1407(b) of the Agricultural Act of 2014 (7 U.S.C. 9057(b)) is amended—

(A)

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

(2)

Producer premiums

The following annual premiums apply:

Coverage LevelPremium per Cwt.
$4.00None
$4.50$0.002
$5.00$0.005
$5.50$0.008
$6.00$0.010
$6.50$0.017
$7.00$0.041
$7.50$0.057
$8.00$0.090
$8.50$0.120
$9.00$0.170

; and

(B)

by striking paragraph (3).

(2)

Technical correction

Section 1407(d) of the Agricultural Act of 2014 (7 U.S.C. 9057(d)) is amended in the subsection heading by striking Time for and inserting Method of.

(i)

Conforming amendments related to program name

(1)

Heading

The heading of part I of subtitle D of title I of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 688) is amended to read as follows:

I

Dairy Risk Management Program for Dairy Producers

.

(2)

Definitions

Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended—

(A)

by striking paragraphs (5) and (6) and inserting the following new paragraphs:

(5)

Dairy risk management program

The terms dairy risk management program and program mean the dairy risk management program required by section 1403.

(6)

Dairy risk management payment

The term dairy risk management payment means a payment made to a participating dairy operation under the program pursuant to section 1406.

; and

(B)

in paragraphs (7) and (8), by striking margin protection both places it appears.

(3)

Calculation of Actual Dairy Production Margin

Section 1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9052(b)(1)) is amended by striking margin protection and inserting dairy risk management.

(4)

Program operation

Section 1403 of the Agricultural Act of 2014 (7 U.S.C. 9053) is amended—

(A)

in the section heading, by striking ESTABLISHMENT OF MARGIN PROTECTION and inserting DAIRY RISK MANAGEMENT;

(B)

by striking Not later than September 1, 2014, the Secretary shall establish and administer a margin protection program and inserting The Secretary shall continue to administer a dairy risk management program; and

(C)

by striking margin protection payment both places it appears and inserting dairy risk management payment.

(5)

Participation

Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is amended—

(A)

in the section heading, by striking MARGIN PROTECTION;

(B)

in subsection (a), by striking margin protection program to receive margin protection payments and inserting dairy risk management program to receive dairy risk management payments; and

(C)

in subsections (b) and (c), by striking margin protection each place it appears.

(6)

Production history

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

(A)

in subsection (a)(1)—

(i)

by striking margin protection program the first place it appears and inserting dairy risk management program; and

(ii)

by striking margin protection the second place it appears; and

(B)

in subsection (c), by striking margin protection.

(7)

Payments

Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended—

(A)

in the section heading, by striking MARGIN PROTECTION and inserting DAIRY RISK MANAGEMENT;

(B)

by striking margin protection each place it appears and inserting dairy risk management; and

(C)

in the heading of subsection (c), by striking Margin Protection.

(8)

Premiums

Section 1407 of the Agricultural Act of 2014 (7 U.S.C. 9057) is amended—

(A)

in the section heading, by striking MARGIN PROTECTION and inserting DAIRY RISK MANAGEMENT;

(B)

in subsection (a), by striking margin protection program and inserting dairy risk management program; and

(C)

in subsection (e), by striking margin protection both places it appears.

(9)

Penalties

Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is amended by striking margin protection both places it appears and inserting dairy risk management.

(10)

Administration and enforcement

Section 1410 of the Agricultural Act of 2014 (7 U.S.C. 9060) is amended by striking margin protection each place it appears and inserting dairy risk management.

(j)

Effective date

The amendments made by this section shall take effect 60 days after the date of the enactment of this Act.

(k)

Duration

Section 1409 of the Agricultural Act of 2014 (7 U.S.C. 9059) is amended—

(1)

by striking margin protection and inserting dairy risk management; and

(2)

by striking 2018 and inserting 2023.

1402.

Class I skim milk price

(a)

Class I skim milk price

Section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking Throughout the 2-year period and all that follows through such handlers. and inserting the following new sentence: Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulation), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7, plus the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor regulation), plus the simple average of the advanced pricing factors computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulation), plus $0.74..

(b)

Effective date and implementation

(1)

Effective date

The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act.

(2)

Implementation

Implementation of the amendment made by subsection (a) is not subject to any of the following:

(A)

The notice and comment provisions of section 553 of title 5, United States Code.

(B)

The notice and hearing requirements of paragraphs (3) and (4) of section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.

(C)

The order amendment requirements of section 8c(17) of such Act (7 U.S.C. 608c(17)).

(D)

A referendum under section 8c(19) of such Act (7 U.S.C. 608c(19)).

1403.

Extension of dairy forward pricing program

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

(1)

in paragraph (1), by striking 2018 and inserting 2023; and

(2)

in paragraph (2), by striking 2021 and inserting 2026.

1404.

Extension of dairy indemnity program

Section 3 of Public Law 90–484 (7 U.S.C. 450l) is amended by striking 2018 and inserting 2023.

1405.

Extension of dairy promotion and research program

Section 113(e)(2) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by striking 2018 and inserting 2023.

1406.

Repeal of dairy product donation program

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

E

Supplemental Agricultural Disaster Assistance Programs

1501.

Modification of supplemental agricultural disaster assistance

(a)

Covered livestock losses for livestock indemnity payments

Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended—

(1)

in paragraph (1)—

(A)

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

(B)

by striking the period at the end of subparagraph (B) and inserting ; or; and

(C)

by adding at the end the following new subparagraph:

(C)

disease that, as determined by the Secretary—

(i)

is caused or transmitted by a vector; and

(ii)

is not susceptible to control by vaccination or acceptable management practices.

; and

(2)

in paragraph (4), by striking A payment and inserting Payment reductions.—A payment.

(b)

Payment limitations and exclusion of gross income limitation

Section 1501(f) of the Agricultural Act of 2014 (7 U.S.C. 9081(f)) is amended—

(1)

in paragraph (2)—

(A)

by striking this section (excluding payments received under subsections (b) and (e)) and inserting subsection (c); and

(B)

by striking joint venture or general partnership and inserting qualified pass through entity (as such term is defined in paragraph (5) of section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a))); and

(2)

by adding at the end the following new paragraph:

(4)

Exclusion of gross income limitation

For purposes of this section only, subsection (b) of section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) shall not apply to a person or legal entity if 75 percent or greater of the average adjusted gross income (as such term is defined in subsection (a) of such section) of such person or legal entity derives from farming, ranching, or silviculture activities.

.

(c)

Application of amendments

Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081), as amended by this section, shall apply with respect to losses described in such section 1501 incurred on or after January 1, 2017.

F

Administration

1601.

Administration generally

(a)

Use of Commodity Credit Corporation

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title.

(b)

Determinations by Secretary

A determination made by the Secretary under this title shall be final and conclusive.

(c)

Regulations

(1)

In general

Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this title and the amendments made by this title.

(2)

Procedure

The promulgation of the regulations and administration of this title and the amendments made by this title shall be made without regard to—

(A)

the notice and comment provisions of section 553 of title 5, United States Code; and

(B)

chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act).

(3)

Congressional review of agency rulemaking

In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

(d)

Adjustment Authority Related to Trade Agreements Compliance

(1)

Required determination; adjustment

If the Secretary determines that expenditures under this title that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)) 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.

1602.

Suspension of permanent price support authority

(a)

Agricultural Adjustment Act of 1938

The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2019 through 2023 crops of covered commodities (as defined in section 1111), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2023:

(1)

Parts II through V of subtitle B of title III (7 U.S.C. 1326 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

(1)

Applicability

The following provisions of the Agricultural Act of 1949 shall not be applicable to the 2019 through 2023 crops of covered commodities (as defined in section 1111), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2023:

(A)

Section 101 (7 U.S.C. 1441).

(B)

Section 103(a) (7 U.S.C. 1444(a)).

(C)

Section 105 (7 U.S.C. 1444b).

(D)

Section 107 (7 U.S.C. 1445a).

(E)

Section 110 (7 U.S.C. 1445e).

(F)

Section 112 (7 U.S.C. 1445g).

(G)

Section 115 (7 U.S.C. 1445k).

(H)

Section 201 (7 U.S.C. 1446).

(I)

Title III (7 U.S.C. 1447 et seq.).

(J)

Title IV (7 U.S.C. 1421 et seq.), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).

(K)

Title V (7 U.S.C. 1461 et seq.).

(L)

Title VI (7 U.S.C. 1471 et seq.).

(2)

Clarifying amendments

Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended—

(A)

by inserting , crambe, cottonseed, sesame seed after mustard seed;

(B)

by inserting dry peas, lentils, small chickpeas, large chickpeas, graded wool, nongraded wool, mohair, peanuts, after honey,; and

(C)

by striking in accordance with this title and inserting consistent with the percentage levels of support provided under subsection (c), except as otherwise provided for under subsection (b).

(c)

Suspension of Certain Quota Provisions

The joint resolution entitled A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended, 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 2019 through 2023.

1603.

Payment limitations

(a)

In General

Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1) by striking section 1001 of the Food, Conservation, and Energy Act of 2008 and inserting section 1111 of the Agriculture and Nutrition Act of 2018;

(B)

in paragraph (2), by inserting first cousin, niece, nephew, after sibling,;

(C)

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

(D)

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

(5)

Qualified pass through entity

The term qualified pass through entity means a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 and including a limited liability company that does not affirmatively elect to be treated as a corporation), an S corporation (as defined in section 1361 of such Code), or a joint venture.

;

(2)

in subsections (b) and (c) by striking entity through Agricultural Act of 2014 in each place it appears and inserting entity (except a qualified pass through entity) for any crop year under sections 1116 and 1117 of the Agriculture and Nutrition Act of 2018;

(3)

in subsection (d) by striking associated and all that follows through the end of the sentence and inserting associated with subtitle B of title I of the Agriculture and Nutrition Act of 2018.; and

(4)

in subsection (f), by adding the end the following new paragraph:

(9)

Administration of reduction

The Secretary shall apply any order described in section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) to payments under sections 1116 and 1117 of the Agriculture and Nutrition Act of 2018 prior to applying payment limitations under this section.

.

(b)

Treatment of qualified pass through entities

Section 1001(e)(3)(B)(ii) of the Food Security Act of 1985 (7 U.S.C. 1308(e)(3)(B)(ii)) is amended—

(1)

in the heading, by striking joint ventures and general partnerships and inserting qualified pass through entities;

(2)

by striking joint venture or a general partnership and inserting qualified pass through entity;

(3)

by striking joint ventures and general partnerships and inserting qualified pass through entities; and

(4)

by striking joint venture or general partnership and inserting qualified pass through entity.

(c)

Conforming Amendments

(1)

Treatment of Federal agencies and State and local governments

Section 1001(f) of the Food Security Act of 1985 (7 U.S.C. 1308(f)) is amended—

(A)

in paragraph (5)(A), by striking or title XII and inserting title I of the Agriculture and Nutrition Act of 2018, or title XII; and

(B)

in paragraph (6)(A), by striking or title XII and inserting title I of the Agriculture and Nutrition Act of 2018, or title XII.

(2)

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 Agriculture and Nutrition Act of 2018, after 2014,.

(d)

Application

The amendments made by this section shall apply beginning with the 2019 crop year.

1604.

Adjusted gross income limitation

(a)

Limitations

Section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)) is amended—

(1)

in subparagraph (A), by striking title I of the Agricultural Act of 2014 and inserting title I of the Agriculture and Nutrition Act of 2018;

(2)

in subparagraph (C)—

(A)

by inserting title II of the Agriculture and Nutrition Act of 2018, after under; and

(B)

by striking Starting with fiscal year 2015, a and inserting A;

(3)

by striking subparagraphs (B) and (D); and

(4)

by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively.

(b)

Exceptions

(1)

In general

Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended by adding at the end the following:

(3)

Exceptions

(A)

Exception for qualified pass through entities

Paragraph (1) shall not apply with respect to a qualified pass through entity (as such term is defined in section 1001(a)(5)).

(B)

Waiver

The Secretary may waive the limitation established by paragraph (1) with respect to a payment pursuant to a covered benefit described in paragraph (2)(B), on a case-by-case basis, if the Secretary determines that environmentally sensitive land of special significance would be protected as a result of such waiver.

.

(2)

Conforming amendments

Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended—

(A)

in subsection (b)(1), by inserting subject to paragraph (3), after of law,; and

(B)

in subsection (d), by striking , general partnership, or joint venture both places it appears.

(c)

Transition

Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as in effect on the day before the date of the enactment of this Act, shall apply with respect to the 2018 crop, fiscal, or program year, as appropriate, for each program described in subsection (b)(2) of that section (as so in effect on that day).

1605.

Prevention of deceased individuals receiving payments under farm commodity programs

(a)

Reconciliation

At least twice each year, the Secretary shall reconcile Social Security numbers of all individuals who receive payments under this title, whether directly or indirectly, with the Commissioner of Social Security to determine if the individuals are alive.

(b)

Preclusion

The Secretary shall preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for payments.

1606.

Assignment of payments

(a)

In General

The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), 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.

1607.

Tracking of benefits

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

1608.

Signature authority

(a)

In General

In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, or qualified pass through entity (as such term is defined in paragraph (5) of section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a))) 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.

1609.

Personal liability of producers for deficiencies

Section 164(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7284(a)) is amended by striking this title and all that follows through unless and inserting this title, title I of the Farm Security and Rural Investment Act of 2002, title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.), title I of the Agricultural Act of 2014, or Agriculture and Nutrition Act of 2018.

1610.

Implementation

(a)

Maintenance of base acres and payment yields

The Secretary shall maintain, for each covered commodity, base acres and payment yields on a farm established under sections 1001 and 1301 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702, 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, and as adjusted pursuant to sections 1112 and 1113 of the Agricultural Act of 2014 (7 U.S.C. 9012, 9013).

(b)

Streamlining

In implementing this title and amendments made by this title, the Secretary shall—

(1)

continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, including through the continuation of the Acreage Crop Reporting and Streamlining Initiative that, in part, shall ensure that—

(A)

a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department;

(B)

upon the request of the producer (or agent thereof), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, and other information of the producer; and

(C)

no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability under the Acreage Crop Reporting and Streamlining Initiative for the eligibility of a producer for programs administered by the Department of Agriculture that are not policies or plans of insurance offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et. seq.) except in cases of misrepresentation, fraud, or scheme and device;

(2)

continue to improve coordination, information sharing, and administrative work with the Farm Service Agency, Risk Management Agency, and the Natural Resources Conservation Service;

(3)

continue to take advantage of new technologies to enhance efficiency and effectiveness of program delivery to producers; and

(4)

reduce administrative burdens on producers by offering such producers an option to remotely and electronically sign annual contracts for participation in coverage under sections 1116 and 1117.

(c)

Implementation

The Secretary shall make available to the Farm Service Agency to carry out this title and amendments made by this title, $25,000,000.

(d)

Loan implementation

(1)

In general

Section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended—

(A)

by inserting or subtitles B and C of the Agriculture and Nutrition Act of 2018 after this title;

(B)

by striking made by subtitles B or C and inserting made by such subtitles; and

(C)

by inserting of this title, and sections 1207(c) and 1208 of the Agriculture and Nutrition Act of 2018 after 1208.

(2)

Repayment

Section 1614(d)(2) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(2)) is amended—

(A)

by striking of subtitles B or C and inserting of subtitle B or C of this title, or subtitle B or C of the Agriculture and Nutrition Act of 2018; and

(B)

by striking under subtitles B or C and inserting of subtitle B or C of this title, or subtitle B or C of the Agriculture and Nutrition Act of 2018.

1611.

Exemption from certain reporting requirements for certain producers

(a)

Definition of exempted producer

In this section, the term exempted producer means a producer or landowner eligible to participate in any conservation or commodity program administered by the Secretary.

(b)

Exemption

Notwithstanding any other provision of law, including the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (and any successor regulations), shall not apply with respect to assistance received by an exempted producer from the Secretary, acting through the Natural Resources Conservation Service or the Farm Service Agency.

II

Conservation

A

Wetland Conservation

2101.

Program ineligibility

Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d)) is amended—

(1)

by striking Except as provided and inserting the following:

(A)

In general

Except as provided

; and

(2)

by adding at the end the following:

(B)

Duty of the Secretary

Before determining that a person is ineligible for program benefits under this subsection, the Secretary shall determine that no exemption under section 1222 applies.

.

2102.

Minimal effect regulations

(a)

Identification of minimal effect exemptions

Section 1222(d) of the Food Security Act of 1985 (16 U.S.C. 3822(d)) is amended by inserting not later than 180 days after the date of enactment of the Agriculture and Nutrition Act of 2018, before the Secretary shall identify.

(b)

Mitigation banking

Section 1222(k)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3822(k)(1)(B)) is amended to read as follows:

(B)

Funding

(i)

Funds of Commodity Credit Corporation

To carry out this paragraph, the Secretary shall use $10,000,000 of the funds of the Commodity Credit Corporation beginning in fiscal year 2019, which funds shall remain available until expended.

(ii)

Authorization of appropriations

In addition to amounts made available under clause (i), there are authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.

.

B

Conservation Reserve Program

2201.

Conservation reserve

(a)

In General

Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking 2018 and inserting 2023.

(b)

Enrollment

Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (D), by striking ; and and inserting a semicolon;

(B)

in subparagraph (E), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

(F)

fiscal year 2019, no more than 25,000,000 acres;

(G)

fiscal year 2020, no more than 26,000,000 acres;

(H)

fiscal year 2021, no more than 27,000,000 acres;

(I)

fiscal year 2022, no more than 28,000,000 acres; and

(J)

fiscal year 2023, no more than 29,000,000 acres.

;

(2)

in paragraph (2)—

(A)

by amending subparagraph (A) to read as follows:

(A)

Limitation

For purposes of applying the limitations in paragraph (1)—

(i)

no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years;

(ii)

the Secretary shall enroll and maintain in the conservation reserve not fewer than 3,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and

(iii)

in carrying out clause (ii), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—

(I)

fiscal year 2019, 1,000,000 acres;

(II)

fiscal year 2020, 1,500,000 acres;

(III)

fiscal year 2021, 2,000,000 acres;

(IV)

fiscal year 2022, 2,500,000 acres; and

(V)

fiscal year 2023, 3,000,000 acres.

; and

(B)

by adding at the end the following:

(D)

Reservation of unenrolled acres

If the Secretary is unable in a fiscal year to enroll enough acres of land described in subsection (b)(3) to meet the number of acres described in clause (ii) or (iii) of subparagraph (A) for the fiscal year, the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3), and that number of acres shall not be available for the enrollment of any other type of eligible land.

; and

(3)

by adding at the end the following:

(3)

State enrollment rates

During each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall carry out this subchapter in such a manner as to enroll and maintain acreage in the conservation reserve in accordance with historical State enrollment rates, considering—

(A)

the average number of acres of all lands enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016;

(B)

the average number of acres of all lands enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and

(C)

the acres available for enrollment during each of fiscal years 2019 through 2023, excluding acres described in paragraph (2).

(4)

Frequency

In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup not less often than once every other year.

.

(c)

Duration of contract

Section 1231(e) of the Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended to read as follows:

(e)

Duration of contract

(1)

In general

Except as provided in paragraph (2), for the purpose of carrying out this subchapter, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.

(2)

Certain continuous contracts

With respect to contracts under this subchapter for the enrollment of land described in paragraph (4) or (5) of subsection (b), the Secretary shall enter into contracts of a period of 15 or 30 years.

.

(d)

Eligibility for consideration

Section 1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended—

(1)

by striking On the expiration and inserting the following:

(1)

In general

On the expiration

; and

(2)

by adding at the end the following:

(2)

Reenrollment limitation for certain land

Land subject to a contract entered into under this subchapter shall be eligible for only one reenrollment in the conservation reserve under paragraph (1) if the land is devoted to hardwood trees.

.

2202.

Farmable wetland program

(a)

Program required

Section 1231B(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended by striking 2018 and inserting 2023.

(b)

Eligible acreage

Section 1231B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)) is amended to read as follows:

(2)

Buffer acreage

Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that, with respect to land described in subparagraph (A), (B), or (C) of paragraph (1)—

(A)

is contiguous to such land;

(B)

is used to protect such land; and

(C)

is of such width as the Secretary determines is necessary to protect such land, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land.

.

(c)

Program limitations

Section 1231B(c) of the Food Security Act of 1985 (16 U.S.C. 3831b(c)) is amended—

(1)

in paragraph (1)(B), by striking 750,000 and inserting 500,000;

(2)

in paragraph (2), by striking Subject to paragraph (3), any acreage and inserting Any acreage; and

(3)

by striking paragraphs (3) and (4).

(d)

Duties of owners and operators

Section 1231B(e) of the Food Security Act of 1985 (16 U.S.C. 3831b(e)) is amended—

(1)

in paragraph (2), by striking the semicolon and inserting ; and;

(2)

by striking paragraph (3); and

(3)

by redesignating paragraph (4) as paragraph (3).

(e)

Duties of the Secretary

Section 1231B(f) of the Food Security Act of 1985 (16 U.S.C. 3831b(f)) is amended—

(1)

in paragraph (1), by striking paragraphs (2) and (3) and inserting paragraph (2);

(2)

in paragraph (2), by striking section 1234(d)(2)(A)(ii) and inserting section 1234(d)(2)(A); and

(3)

by striking paragraph (3).

2203.

Duties of owners and operators

(a)

In general

Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a)) is amended—

(1)

in paragraph (5), by inserting , which may include the use of grazing in accordance with paragraph (8), after management on the land; and

(2)

by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively, and inserting after paragraph (9) the following:

(10)

on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices to improve the condition of resources, promote forest management, and enhance wildlife habitat on the land;

.

(b)

Conservation plans

Section 1232(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3832(b)(2)) is amended by striking , if any,.

2204.

Duties of the Secretary

(a)

Cost-Share and rental payments

Section 1233(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(2)) is amended by striking pay an annual rental payment in an amount necessary to compensate for and inserting pay an annual rental payment, in accordance with section 1234(d), for.

(b)

Specified activities permitted

Section 1233(b) of the Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended—

(1)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking not less than 25 percent and inserting 25 percent; and

(ii)

by inserting (except that vegetative cover may not be harvested for seed) after managed harvesting;

(B)

in subparagraph (A), by striking ; and and inserting a semicolon;

(C)

in subparagraph (B), by striking is at least every 5 but not more than once every 3 years; and inserting contributes to the health and vigor of the established cover, and is not more than once every 3 years; and; and

(D)

by adding at the end the following:

(C)

shall ensure that 25 percent of the acres covered by the contract are not harvested, in accordance with an approved plan that provides for wildlife cover and shelter;

;

(2)

in paragraph (3)—

(A)

in the matter preceding subparagraph (A), by striking not less than 25 percent and inserting 25 percent; and

(B)

in subparagraph (B)—

(i)

in the matter preceding clause (i), by striking routine grazing, except that in permitting such routine grazing and inserting grazing, except that in permitting such grazing;

(ii)

in clause (i), by striking continued routine grazing; and and inserting grazing;;

(iii)

in clause (ii)—

(I)

in the matter preceding subclause (I), by striking routine grazing may be conducted, such that the frequency is not more than once every 2 years and inserting grazing may be conducted, such that the frequency contributes to the health and vigor of the established cover;

(II)

in subclause (II), by striking the number of years that should be required between routine and inserting the appropriate frequency and duration of; and

(III)

in subclause (III), by striking routine each place it appears; and

(iv)

by adding at the end the following:

(iii)

shall ensure that the grazing is conducted in accordance with an approved plan that does not restrict grazing during the primary nesting season and will reduce the stocking rate determined under clause (i) by 50 percent; and

;

(3)

by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;

(4)

by inserting after paragraph (3) the following:

(4)

grazing during the applicable normal grazing period determined under subclause (I) of section 1501(c)(3)(D)(i) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)), without any restriction on grazing during the primary nesting period, subject to the condition that the grazing shall be at 50 percent of the normal carrying capacity determined under that subclause.

;

(5)

in paragraph (5), as so redesignated, by striking ; and and inserting and retains suitable vegetative structure for wildlife cover and shelter;;

(6)

in paragraph (6)(C), as so redesignated, by striking the period at the end and inserting ; and; and

(7)

by adding at the end the following:

(7)

grazing pursuant to section 1232(a)(5), without any reduction in the rental rate, if the grazing is consistent with the conservation of soil, water quality, and wildlife habitat.

.

(c)

Natural disaster or adverse weather as mid-contract management

Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is amended by adding at the end the following:

(e)

Natural disaster or adverse weather as mid-contract management

In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to section 1232(a)(5) that are intended to achieve the same effect.

.

2205.

Payments

(a)

Cost sharing payments

Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended—

(1)

in paragraph (1), by striking 50 percent and inserting not more than 40 percent;

(2)

by amending paragraph (2) to read as follows:

(2)

Limitations

(A)

Exception for seed costs

In the case of seed costs related to the establishment of cover, cost share shall not exceed 25 percent of the total cost of the seed mixture.

(B)

Additional incentive payments

Except as provided in subsection (c), the Secretary may not make additional incentive payments beyond the actual cost of installing measures and practices described in paragraph (1).

(C)

Mid-contract management grazing

The Secretary may not make any cost sharing payment to an owner or operator under this subchapter pursuant to section 1232(a)(5).

; and

(3)

by striking paragraphs (3) and (4) and redesignating paragraph (5) as paragraph (3).

(b)

Incentive payments

Section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended—

(1)

in the subsection heading, by striking Incentive and inserting Forest management payment;

(2)

in paragraph (1), by striking The Secretary and inserting Using funds made available under section 1241(a)(1)(A), the Secretary; and

(3)

in paragraph (2), by striking 150 percent and inserting 100 percent.

(c)

Annual rental payments

Section 1234(d) of the Food Security Act of 1985 (16 U.S.C. 3834(d)) is amended—

(1)

in paragraph (1)—

(A)

by striking less intensive use, the Secretary may consider and inserting the following:

less intensive use—

(A)

the Secretary may consider

;

(B)

by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(B)

the Secretary shall consider the impact on the local farmland rental market.

;

(2)

in paragraph (2)—

(A)

by amending subparagraph (A) to read as follows:

(A)

In general

(i)

Initial enrollment

The amounts payable to an owner or operator in the form of annual rental payments under a contract entered into under this subchapter with respect to land that has not previously been subject to such a contract shall be not more than 80 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the contract is entered into.

(ii)

Multiple enrollments

If land subject to a contract entered into under this subchapter is reenrolled in the conservation reserve under section 1231(h)(1)—

(I)

for the first such reenrollment, the annual rental payment shall be in an amount that is not more than 65 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs;

(II)

for the second such reenrollment, the annual rental payment shall be in an amount that is not more than 55 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs;

(III)

for the third such reenrollment, the annual rental payment shall be in an amount that is not more than 45 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs; and

(IV)

for the fourth such reenrollment, the annual rental payment shall be in an amount that is not more than 35 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs.

; and

(B)

in subparagraph (B), by striking In the case and inserting Notwithstanding subparagraph (A), in the case;

(3)

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

(4)

in paragraph (4), as so redesignated—

(A)

by striking cash each place it appears;

(B)

in subparagraph (A)—

(i)

by striking , not less frequently than once every other year, and inserting annually; and

(ii)

by inserting , and shall publish the estimates derived from such survey not later than September 15 of each year before the period at the end; and

(C)

in subparagraph (C)—

(i)

by striking may and inserting shall; and

(ii)

by striking as a factor in determining and inserting to determine.

(d)

Payment limitation for rental payments

Section 1234(g)(2) of the Food Security Act of 1985 (16 U.S.C. 3834(g)(2)) is amended by adding at the end the following:

(C)

Limitation on payments

Payments under subparagraph (B) shall not exceed 50 percent of the cost of activities carried out under the applicable agreement entered into under such subparagraph.

.

2206.

Contracts

(a)

Early termination by owner or operator

Section 1235(e)(1)(A) of the Food Security Act of 1985 (16 U.S.C. 3835(e)(1)(A)) is amended by striking 2015 and inserting 2019.

(b)

Transition option for certain farmers or ranchers

Section 1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is amended—

(1)

in paragraph (1)—

(A)

by amending subparagraph (A) to read as follows:

(A)

beginning on the date that is 1 year before the date of termination of the contract, allow the covered farmer or rancher, in conjunction with the retired or retiring owner or operator, to make conservation and land improvements, including preparing to plant an agricultural crop;

;

(B)

by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively, and inserting after subparagraph (A) the following:

(B)

beginning on the date that is 3 years before the date of termination of the contract, allow the covered farmer or rancher to begin the certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.);

;

(C)

in subparagraph (D), as so redesignated, by inserting , and provide to such farmer or rancher technical and financial assistance to carry out the requirements of the plan, if any before the semicolon at the end; and

(D)

in subparagraph (E), as so redesignated, by striking the conservation stewardship program or; and

(2)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A), by striking The Secretary and inserting To the extent the maximum number of acres permitted to be enrolled under the program has not been met, the Secretary; and

(B)

in subparagraph (A), by striking eligible for enrollment under the continuous signup option pursuant to section 1234(d)(2)(A)(ii) and inserting is carried out on land described in paragraph (4) or (5) of section 1231(b).

(c)

End of contract considerations

Section 1235(g) of the Food Security Act of 1985 (16 U.S.C. 3835(g)) is amended to read as follows:

(g)

End of contract considerations

The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if—

(1)

during the year prior to expiration of the contract, the owner or operator—

(A)

enters into an environmental quality incentives program contract; and

(B)

begins the establishment of an environmental quality incentives practice; or

(2)

during the three years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990.

.

C

Environmental Quality Incentives Program

2301.

Definitions

(a)

Practice

Section 1240A(4)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa–1(4)(B)) is amended—

(1)

in clause (i), by striking ; and and inserting a semicolon; and

(2)

by redesignating clause (ii) as clause (iv) and inserting after clause (i) the following:

(ii)

precision conservation management planning;

(iii)

the use of cover crops and resource conserving crop rotations; and

.

(b)

Priority resource concern

Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa–1) is amended by redesignating paragraph (5) as paragraph (6) and inserting after paragraph (4) the following:

(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; and

(B)

represents a significant concern in a State or region.

.

(c)

Stewardship practice

Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa–1) is amended by adding at the end the following:

(7)

Stewardship practice

The term stewardship practice means a practice or set of practices approved by the Secretary that, when implemented and maintained on eligible land, address 1 or more priority resource concerns.

.

2302.

Establishment and administration

(a)

Establishment

Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended by striking 2019 and inserting 2023.

(b)

Allocation of funding

Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(f)) is amended to read as follows:

(f)

Allocation of funding

For each of fiscal years 2014 through 2023, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).

.

(c)

Water conservation or irrigation efficiency practice

Section 1240B(h) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(h)) is amended—

(1)

by amending paragraph (1) to read as follows:

(1)

Availability of payments

The Secretary may provide water conservation and system efficiency payments under this subsection to a producer for—

(A)

a water conservation scheduling technology or water conservation scheduling management;

(B)

irrigation-related structural practices; or

(C)

a transition to water-conserving crops or water-conserving crop rotations.

;

(2)

by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:

(2)

Limited eligibility of irrigation districts, irrigation associations, and acequias

(A)

In general

Notwithstanding section 1001(f)(6), the Secretary may enter into a contract under this subsection with an irrigation district, irrigation association, or acequia to implement water conservation or irrigation practices pursuant to a watershed-wide project that will effectively conserve water, as determined by the Secretary.

(B)

Implementation

Water conservation or irrigation practices that are the subject of a contract entered into under this paragraph shall be implemented on—

(i)

eligible land of a producer; or

(ii)

land that is under the control of the irrigation district, irrigation association, or acequia, and adjacent to such eligible land, as determined by the Secretary.

(C)

Waiver authority

The Secretary may waive the applicability of the limitations in section 1001D(b)(2) or section 1240G of this Act for a payment made under a contract entered into under this paragraph if the Secretary determines that such a waiver is necessary to fulfill the objectives of the project.

(D)

Contract limitations

If the Secretary grants a waiver under subparagraph (C), the Secretary may impose a separate payment limitation for the contract with respect to which the waiver applies.

; and

(3)

in paragraph (3), as so redesignated—

(A)

in the matter preceding subparagraph (A), by striking to a producer and inserting under this subsection;

(B)

in subparagraph (A), by striking the eligible land of the producer is located, there is a reduction in water use in the operation of the producer and inserting the land on which the practices will be implemented is located, there is a reduction in water use in the operation on such land; and

(C)

in subparagraph (B), by inserting with respect to an application under paragraph (1), before the producer agrees.

(d)

Stewardship contracts

Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended by adding at the end the following:

(j)

Stewardship contracts

(1)

Identification of eligible priority resource concerns for States

(A)

In general

The Secretary, in consultation with the State technical committee, shall identify priority resource concerns within a State that are eligible to be the subject of a stewardship contract under this subsection.

(B)

Limitation

The Secretary shall identify not more than 3 eligible priority resource concerns under subparagraph (A) within each area of a State.

(2)

Contracts

(A)

In general

The Secretary shall enter into contracts with producers under this subsection that—

(i)

provide incentives, through annual payments, to producers to attain increased conservation stewardship on eligible land;

(ii)

adopt and install a stewardship practice to effectively address a priority resource concern identified as eligible under paragraph (1); and

(iii)

require management and maintenance of such stewardship practice for the term of the contract.

(B)

Term

A contract under this subsection shall have a term of not less than 5, nor more than 10, years.

(C)

Prioritization

Section 1240C(b) shall not apply to applications for contracts under this subsection.

(3)

Stewardship payments

(A)

In general

The Secretary shall provide payments to producers through contracts entered into under paragraph (2) for—

(i)

adopting and installing stewardship practices; and

(ii)

managing, maintaining, and improving the stewardship practices for the duration of the contract, as determined appropriate by the Secretary.

(B)

Payment amounts

In determining the amount of payments under subparagraph (A), the Secretary shall consider, to the extent practicable—

(i)

the level and extent of the stewardship practice to be installed, adopted, completed, maintained, managed, or improved;

(ii)

the cost of the installation, adoption, completion, management, maintenance, or improvement of the stewardship practice;

(iii)

income foregone by the producer; and

(iv)

the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the stewardship practice.

(C)

Limitation

The total amount of payments a person or legal entity receives pursuant to subparagraph (A) shall not exceed $50,000 for any fiscal year.

(4)

Reservation of funds

The Secretary may use not more than 50 percent of the funds made available under section 1241 to carry out this chapter for payments made pursuant to this subsection.

.

2303.

Limitation on payments

Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended by inserting or the period of fiscal years 2019 through 2023, after 2018,.

2304.

Conservation innovation grants and payments

(a)

Competitive grants for innovative conservation approaches

Section 1240H(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(a)) is amended—

(1)

in paragraph (1), by inserting use not more than $25,000,000 in each of fiscal years 2019 through 2023 to after the Secretary may; and

(2)

in paragraph (2)(A), by inserting or persons participating in an educational activity through an institution of higher education, including by carrying out demonstration projects on lands of the institution before the semicolon at the end.

(b)

Air quality concerns from agricultural operations

Section 1240H(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(b)(2)) is amended by inserting , and $37,500,000 for each of fiscal years 2019 through 2023 after 2018.

(c)

On-Farm conservation innovation trials; reporting and database

Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–8) is amended by striking subsection (c) and inserting the following:

(c)

On-Farm conservation innovation trials

(1)

In general

Using not more than $25,000,000 of the funds made available to carry out this chapter in each of fiscal years 2019 through 2023, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches—

(A)

directly with producers; or

(B)

through eligible entities.

(2)

Incentive payments

(A)

Agreements

In carrying out paragraph (1), the Secretary shall enter into agreements with producers on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches.

(B)

Length of incentives

An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—

(i)

not less than 3 years; and

(ii)

if appropriate, more than 3 years, including if such a period is appropriate to support—

(I)

adaptive management over multiple crop years; and

(II)

adequate data collection and analysis to report the natural resource and agricultural production benefits of the new or innovative conservation approaches.

(3)

Flexible adoption

A producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1) may determine the scale of adoption of the new or innovative conservation approaches in the on-farm conservation innovation trial, which may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.

(4)

Technical assistance

The Secretary shall provide technical assistance—

(A)

to a producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to the design, installation, and management of the new or innovative conservation approaches; and

(B)

to an eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to data analyses of the on-farm conservation innovation trial.

(5)

Definitions

In this subsection:

(A)

Eligible entity

The term eligible entity means a third-party private entity the primary business of which is related to agriculture.

(B)

New or innovative conservation approaches

The term new or innovative conservation approaches means—

(i)

new or innovative—

(I)

precision agriculture technologies;

(II)

enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;

(III)

soil health management systems;

(IV)

water management systems;

(V)

resource-conserving crop rotations;

(VI)

cover crops; and

(VII)

irrigation systems; and

(ii)

any other conservation approach approved by the Secretary as new or innovative.

(d)

Reporting and database

(1)

Report required

Not later than December 31, 2014, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of activities funded under this section, including—

(A)

funding awarded;

(B)

results of the activities; and

(C)

incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary.

(2)

Conservation practice database

(A)

In general

The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides—

(i)

a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and

(ii)

a list of recommended new and effective conservation practices.

(B)

Privacy

Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers.

.

D

Other Conservation Programs

2401.

Conservation of private grazing land

Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C. 3839bb(e)) is amended by striking 2018 and inserting 2023.

2402.

Grassroots source water protection program

(a)

Authorization of appropriations

Section 1240O(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb–2(b)(1)) is amended by striking 2018 and inserting 2023.

(b)

Availability of funds

Section 1240O(b) of the Food Security Act of 1985 (16 U.S.C. 3839bb–2(b)) is amended by adding at the end the following:

(3)

Additional funding

In addition to any other funds made available under this subsection, of the funds of the Commodity Credit Corporation, the Secretary shall use $5,000,000 beginning in fiscal year 2019, to remain available until expended.

.

2403.

Voluntary public access and habitat incentive program

Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended—

(1)

by striking 2012 and and inserting 2012,; and

(2)

by inserting , and $50,000,000 for the period of fiscal years 2019 through 2023 before the period at the end.

2404.

Watershed protection and flood prevention

(a)

Authorization of appropriations

Section 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E)) is amended by striking 2018 and inserting 2023.

(b)

Funds of Commodity Credit Corporation

The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended by adding at the end the following:

15.

Funding

In addition to any other funds made available by this Act, of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this Act $100,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.

.

2405.

Feral swine eradication and control pilot program

(a)

In general

The Secretary of Agriculture shall establish a feral swine eradication and control pilot program to respond to the threat feral swine pose to agriculture, native ecosystems, and human and animal health.

(b)

Duties of the Secretary

In carrying out the pilot program, the Secretary shall—

(1)

study and assess the nature and extent of damage to the pilot areas caused by feral swine;

(2)

develop methods to eradicate or control feral swine in the pilot areas;

(3)

develop methods to restore damage caused by feral swine; and

(4)

provide financial assistance to agricultural producers in pilot areas.

(c)

Assistance

The Secretary may provide financial assistance to agricultural producers under the pilot program to implement methods to—

(1)

eradicate or control feral swine in the pilot areas; and

(2)

restore damage caused by feral swine.

(d)

Coordination

The Secretary shall ensure that the Natural Resources Conservation Service and the Animal and Plant Health Inspection Service coordinate for purposes of this section through State technical committees established under section 1261 of the Food Security Act of 1985.

(e)

Pilot areas

The Secretary shall carry out the pilot program in areas of States in which feral swine have been identified as a threat to agriculture, native ecosystems, or human or animal health, as determined by the Secretary.

(f)

Cost sharing

(1)

Federal share

The Federal share of the costs activities under the pilot program may not exceed 75 percent of the total costs of such activities.

(2)

In-Kind contributions

The non-Federal share of the costs of activities under the pilot program may be provided in the form of in-kind contributions of materials or services.

(g)

Funding

(1)

Mandatory funding

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $100,000,000 for the period of fiscal years 2019 through 2023.

(2)

Distribution of funds

Of the funds made available under paragraph (1)—

(A)

50 percent shall be allocated to the Natural Resources Conservation Service to carry out the pilot program, including the provision of financial assistance to producers for on-farm trapping and technology related to capturing and confining feral swine; and

(B)

50 percent shall be allocated to the Animal and Plant Health Inspection Service to carry out the pilot program, including the use of established, and testing of innovative, population reduction methods.

(3)

Limitation on administrative expenses

Not more than 10 percent of funds made available under this section may be used for administrative expenses of the pilot program.

2406.

Emergency conservation program

(a)

Repair or replacement of fencing

(1)

In general

Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended—

(A)

by striking the section designation and all that follows through The Secretary of Agriculture and inserting the following:

401.

Payments to producers

(a)

In general

The Secretary of Agriculture (referred to in this title as the Secretary)

;

(B)

in subsection (a), as so designated, by inserting wildfires, after hurricanes,; and

(C)

by adding at the end the following:

(b)

Repair or replacement of fencing

With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving the payment, determined based on the applicable percentage of the fair market value of the cost of the repair or replacement, as determined by the Secretary, before the agricultural producer carries out the repair or replacement.

.

(2)

Conforming amendments

(A)

Sections 402, 403, 404, and 405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) are amended by striking Secretary of Agriculture each place it appears and inserting Secretary.

(B)

Section 407(a) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206(a)) is amended by striking paragraph (4).

(b)

Cost share payments

Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting after section 402 the following:

402A.

Cost share requirement

(a)

Cost-share rate

The maximum cost-share payment under section 401 and section 402 shall not exceed 75 percent of the total allowable cost, as determined by the Secretary.

(b)

Exception

Not withstanding subsection (a), a qualified limited resource, socially disadvantaged, or beginning farmer or rancher payment under section 401 and 402 shall not exceed 90 percent of the total allowable cost, as determined by the Secretary.

(c)

Limitation

In no case shall the total payment under section 401 and 402 for a single event exceed 50 percent of what the Secretary has determined to be the agriculture value of the land.

.

E

Funding and Administration

2501.

Commodity Credit Corporation

(a)

Annual funding

Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended—

(1)

in the matter preceding paragraph (1), by striking 2018 (and fiscal year 2019 in the case of the program specified in paragraph (5)) and inserting 2023;

(2)

in paragraph (1), by striking 2018 each place it appears and inserting 2023;

(3)

in paragraph (2)—

(A)

in subparagraph (D), by striking and at the end;

(B)

in subparagraph (E), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(F)

$500,000,000 for each of fiscal years 2019 through 2023.

;

(4)

by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;

(5)

in paragraph (3) (as so redesignated), by inserting , as in effect on the day before the date of enactment of the Agriculture and Nutrition Act of 2018, using such sums as are necessary to administer contracts entered into before the earlier of September 30, 2018, or such date of enactment before the period at the end; and

(6)

in paragraph (4) (as so redesignated)—

(A)

in subparagraph (D), by striking and at the end;

(B)

in subparagraph (E), by striking each of fiscal years 2018 through 2019. and inserting fiscal year 2018;; and

(C)

by adding at the end the following:

(F)

$2,000,000,000 for fiscal year 2019;

(G)

$2,500,000,000 for fiscal year 2020;

(H)

$2,750,000,000 for fiscal year 2021;

(I)

$2,935,000,000 for fiscal year 2022; and

(J)

$3,000,000,000 for fiscal year 2023.

.

(b)

Availability of funds

Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking 2018 (and fiscal year 2019 in the case of the program specified in subsection (a)(5)) and inserting 2023.

(c)

Technical assistance

Section 1241(c) of the Food Security Act of 1985 (16 U.S.C. 3841(c)) is amended—

(1)

by amending paragraph (2) to read as follows:

(2)

Priority

In the delivery of technical assistance under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a 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.

; and

(2)

by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).

(d)

Regional equity

(1)

In general

Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended by striking subsection (e) and redesignating subsections (f) through (i) as subsections (e) through (h), respectively.

(2)

Conforming amendments

Section 1221(c) of the Food Security Act of 1985 (16 U.S.C. 3821(c)) is amended by striking 1241(f) and inserting 1241(e) each place it appears.

(e)

Reservation of funds To provide assistance to certain farmers or ranchers for conservation access

Section 1241(g) of the Food Security Act of 1985 (as redesignated by subsection (d) of this section) is amended—

(1)

in paragraph (1), by striking 2018 to carry out the environmental quality incentives program and the acres made available for each of such fiscal years to carry out the conservation stewardship program and inserting 2023 to carry out the environmental quality incentives program; and

(2)

by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).

(f)

Report on program enrollments and assistance

Section 1241(h) of the Food Security Act of 1985 (as redesignated by subsection (d) of this section) is amended to read as follows:

(h)

Report on program enrollments and assistance

Not later than December 15 of each of calendar years 2018 through 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report containing statistics by State related to enrollments in conservation programs under this subtitle, as follows:

(1)

The annual and current cumulative activity reflecting active agreement and contract enrollment statistics.

(2)

Secretarial exceptions, waivers, and significant payments, including—

(A)

payments made under the agricultural conservation easement program for easements valued at $250,000 or greater;

(B)

payments made under the regional conservation partnership program subject to the waiver of adjusted gross income limitations pursuant to section 1271C(c)(3);

(C)

waivers granted by the Secretary under section 1001D(b)(3) of this Act;

(D)

exceptions and activity associated with section 1240B(h)(2); and

(E)

exceptions provided by the Secretary under section 1265B(b)(2)(C).

.

2502.

Delivery of technical assistance

(a)

Definitions

Section 1242(a) of the Food Security Act of 1985 (16 U.S.C. 3842(a)) is amended to read as follows:

(a)

Definitions

In this section:

(1)

Eligible participant

The term eligible participant means a producer, landowner, or entity that is participating in, or seeking to participate in, programs in which the producer, landowner, or entity is otherwise eligible to participate under this title.

(2)

Third-party provider

The term third-party provider means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity (as defined by the Secretary)), a nonprofit entity, a State or local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering.

.

(b)

Certification of third-Party providers

Section 1242(e) of the Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at the end the following:

(4)

Alternative certification

(A)

In general

In carrying out this subsection, the Secretary shall approve any qualified certification that the Secretary determines meets or exceeds the national criteria provided under paragraph (3)(B).

(B)

Qualified certification

In this paragraph, the term qualified certification means a professional certification that is established by the Secretary, an agriculture retailer, a farmer cooperative, the American Society of Agronomy, or the National Alliance of Independent Crop Consultants, including certification—

(i)

as a Certified Crop Advisor by the American Society of Agronomy;

(ii)

as a Certified Professional Agronomist by the American Society of Agronomy; and

(iii)

as a Comprehensive Nutrient Management Plan Specialist by the Secretary.

.

2503.

Administrative requirements for conservation programs

Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended—

(1)

by striking subsection (m);

(2)

by redesignating subsections (i) through (l) as subsections (j) through (m), respectively, and inserting after subsection (h) the following:

(i)

Source water protection through targeting of agricultural practices

(1)

In general

In carrying out any conservation program administered by the Secretary, the Secretary shall encourage practices that relate to water quality and water quantity that protect source waters for drinking water (including protecting against public health threats) while also benefitting agricultural producers.

(2)

Collaboration with water systems and increased incentives

In encouraging practices under paragraph (1), the Secretary shall—

(A)

work collaboratively with community water systems and State technical committees established under section 1261 to identify, in each State, local priority areas for the protection of source waters for drinking water; and

(B)

offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized through conservation programs administered by the Secretary for practices that result in significant environmental benefits that the Secretary determines—

(i)

relate to water quality or water quantity; and

(ii)

occur primarily outside of the land on which the practices are implemented.

(3)

Reservation of funds

In each of fiscal years 2019 through 2023, the Secretary shall use, to carry out this subsection, not less than 10 percent of any funds available with respect to each conservation program administered by the Secretary under this title except the conservation reserve program.

; and

(3)

in subsection (m), as so redesignated, by striking the conservation stewardship program under subchapter B of chapter 2 of subtitle D and.

2504.

Establishment of State technical committees

Section 1261(c) of the Food Security Act of 1985 (16 U.S.C. 3861(c)) is amended by adding at the end the following:

(14)

The State 1862 Institution (as defined in section 2(1) of the Agricultural Research, Extension, and Education Reform Act of 1998).

.

F

Agricultural Conservation Easement Program

2601.

Establishment and purposes

Section 1265(b) of the Food Security Act of 1985 (16 U.S.C. 3865(b)) is amended—

(1)

in paragraph (3), by inserting that negatively affect the agricultural uses and conservation values after that land; and

(2)

in paragraph (4), by striking restoring and and inserting restoring or.

2602.

Definitions

(a)

Agricultural land easement

Section 1265A(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3865a(1)(B)) is amended by striking subject to an agricultural land easement plan, as approved by the Secretary.

(b)

Eligible land

Section 1265A(3) of the Food Security Act of 1985 (16 U.S.C. 3865a(3)) is amended—

(1)

by amending subparagraph (A)(iii)(VI) to read as follows:

(VI)

nonindustrial private forest land that contributes to the economic viability of an offered parcel, or serves as a buffer to protect such land from development, which may include up to 100 percent of the parcel if the Secretary determines enrolling the land is important to protect a forest to provide significant conservation benefits;

; and

(2)

in subparagraph (B)(i)(II), by striking , as determined by the Secretary in consultation with the Secretary of the Interior at the local level.

(c)

Monitoring report

Section 1265A of the Food Security Act of 1985 (16 U.S.C. 3865a) is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and inserting after paragraph (3) the following:

(4)

Monitoring report

The term monitoring report means a report, the contents of which are formulated and prepared by the holder of an agricultural land easement, that documents whether the land subject to the agricultural land easement is in compliance with the terms and conditions of the agricultural land easement.

.

2603.

Agricultural land easements

(a)

Availability of assistance

Section 1265B(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3865b(a)(2)) is amended by striking provide for the conservation of natural resources pursuant to an agricultural land easement plan and inserting implement the program.

(b)

Cost-Share assistance

(1)

Scope of assistance available

Section 1265B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is amended by striking subparagraphs (B) and (C) and inserting the following:

(B)

Non-Federal share

An eligible entity may use for any part of its share—

(i)

a cash contribution;

(ii)

a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the landowner from which the agricultural land easement will be purchased; or

(iii)

funding from a Federal source other than the Department of Agriculture.

(C)

Grasslands exception

In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide an amount not to exceed 75 percent of the fair market value of the agricultural land easement.

.

(2)

Evaluation and ranking of applications

Section 1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)) is amended by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following:

(C)

Accounting for geographic differences

The Secretary shall, in coordination with State technical committees, adjust the criteria established under subparagraph (A) to account for geographic differences among States, if such adjustments—

(i)

meet the purposes of the program; and

(ii)

continue to maximize the benefit of the Federal investment under the program.

.

(3)

Agreements with eligible entities

Section 1265B(b)(4) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(4)) is amended—

(A)

in subparagraph (C)—

(i)

in clause (i), by inserting and the agricultural use of the land that is subject to the agricultural land easement after the program; and

(ii)

by striking clauses (iii) and (iv) and inserting the following:

(iii)

include a right of enforcement for the Secretary that—

(I)

may be used only if the terms and conditions of the easement are not enforced by the eligible entity; and

(II)

does not extend to a right of inspection unless the holder of the easement fails to provide monitoring reports in a timely manner;

(iv)

include a conservation plan only for any portion of the land subject to the agricultural land easement that is highly erodible cropland; and

;

(B)

in subparagraph (E)(ii), by inserting in the case of fraud or gross negligence, before the Secretary may require; and

(C)

by adding at the end the following:

(F)

Mineral development

Upon request by an eligible entity, the Secretary shall allow, under an agreement under this subsection, mineral development on land subject to the agricultural land easement, if the Secretary determines that the mineral development—

(i)

has limited and localized effects;

(ii)

is not irremediably destructive of significant conservation interests; and

(iii)

would not alter or affect the topography or landscape.

(G)

Environmental services markets

The Secretary may not prohibit, through an agreement under this subsection, an owner of land subject to the agricultural land easement from participating in, and receiving compensation from, an environmental services market if a purpose of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the program.

.

(4)

Certification of eligible entities

Section 1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is amended—

(A)

in subparagraph (A)—

(i)

in clause (ii), by striking ; and and inserting a semicolon;

(ii)

in clause (iii), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(iv)

allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.

; and

(B)

by amending subparagraph (B) to read as follows:

(B)

Certification criteria

In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity—

(i)

is a land trust that has—

(I)

been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body (as determined by the Secretary); and

(II)

acquired not fewer than five agricultural land easements under the program; or

(ii)

will maintain, at a minimum, for the duration of the agreement—

(I)

a plan for administering easements that is consistent with the purpose of the program;

(II)

the capacity and resources to monitor and enforce agricultural land easements; and

(III)

policies and procedures to ensure—

(aa)

the long-term integrity of agricultural land easements on land subject to such easements;

(bb)

timely completion of acquisitions of such easements; and

(cc)

timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program.

.

(c)

Technical assistance

Section 1265B(d) of the Food Security Act of 1985 (16 U.S.C. 3865b(d)) is amended to read as follows:

(d)

Technical assistance

The Secretary may provide technical assistance, if requested, to assist in compliance with the terms and conditions of easements.

.

2604.

Wetland reserve easements

Section 1265C(b)(5)(D)(i)(III) of the Food Security Act of 1985 (16 U.S.C. 3865c(b)(5)(D)(i)(III)) is amended by inserting after under subsection (f) the following: or a grazing management plan that is consistent with the wetland reserve easement plan and has been reviewed, and modified as necessary, at least every five years.

2605.

Administration

(a)

Ineligible land

Section 1265D(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3865d(a)(4)) is amended—

(1)

by striking or off-site; and

(2)

by striking proposed or and inserting permitted or.

(b)

Subordination, exchange, modification, and termination

(1)

Subordination and exchange

Section 1265D(c)(1) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)(1)) is amended—

(A)

in the paragraph heading, by striking In general and inserting Subordination and exchange;

(B)

by striking subordinate, exchange, modify, or terminate each place it appears and inserting subordinate or exchange; and

(C)

by striking subordination, exchange, modification, or termination each place it appears and inserting subordination or exchange.

(2)

Modification; termination

Section 1265D(c) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)) is amended—

(A)

by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;

(B)

by inserting after paragraph (1) the following:

(2)

Modification

(A)

Authority

The Secretary may modify any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the modification—

(i)

has a neutral effect on, or increases, the conservation values;

(ii)

is consistent with the original intent of the easement; and

(iii)

is consistent with the purposes of the program.

(B)

Limitation

In modifying an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.

(3)

Termination

The Secretary may terminate any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if—

(A)

the current owner of the land that is subject to the easement and the holder of the easement agree to the termination; and

(B)

the Secretary determines that the termination would be in the public interest.

; and

(C)

in paragraph (5) (as so redesignated), by striking paragraph (1) and inserting paragraph (3).

(c)

Landowner eligibility

Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is amended by adding at the end the following:

(f)

Landowner eligibility

The limitation described in paragraph (1) of section 1001D(b) shall not apply to a landowner from which an easement under the program is to be purchased with respect to any benefit described in paragraph (2)(B) of such section related to the purchase of such easement.

.

G

Regional Conservation Partnership Program

2701.

Definitions

(a)

Covered program

Section 1271A(1) of the Food Security Act of 1985 (16 U.S.C. 3871a(1)) is amended—

(1)

by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and

(2)

by adding at the end the following:

(D)

The conservation reserve program established under subchapter B of chapter 1 of subtitle D.

(E)

Programs provided for in the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act (16 U.S.C. 1012).

.

(b)

Eligible activity

Section 1271A(2) of the Food Security Act of 1985 (16 U.S.C. 3871a(2)) is amended—

(1)

in subparagraph (B), by inserting resource-conserving crop rotations, before or dryland farming; and

(2)

by redesignating subparagraphs (C) through (J) as subparagraphs (D) through (K), respectively, and inserting after subparagraph (B) the following:

(C)

Protection of source waters for drinking water.

.

2702.

Regional conservation partnerships

(a)

Length

Section 1271B(b) of the Food Security Act of 1985 (16 U.S.C. 3871b(b)) is amended to read as follows:

(b)

Length

A partnership agreement, including a renewal of a partnership agreement under subsection (d)(5), shall be—

(1)

for a period not to exceed 5 years, which period the Secretary may extend one time for up to 12 months; or

(2)

for a period that is longer than 5 years, if such longer period is necessary to meet the objectives of the program, as determined by the Secretary.

.

(b)

Duties of partners

Section 1271B(c)(1)(E) of the Food Security Act of 1985 (16 U.S.C. 3871b(c)(1)(E)) is amended by inserting , including quantification of the project’s environmental outcomes before the semicolon.

(c)

Applications

Section 1271B(d) of the Food Security Act of 1985 (16 U.S.C. 3871b(d)) is amended—

(1)

in paragraph (1), by inserting simplified before competitive process to select; and

(2)

by adding at the end the following:

(5)

Renewals

If a project that is the subject of a partnership agreement has met or exceeded the objectives of the project, as determined by the Secretary, the eligible partners may submit, through an expedited program application process, an application to—

(A)

continue to implement the project under a renewal of the partnership agreement; or

(B)

expand the scope of the project under a renewal of the partnership agreement.

.

2703.

Assistance to producers

Section 1271C(c) of the Food Security Act of 1985 (16 U.S.C. 3871c(c)) is amended—

(1)

in paragraph (2), in the matter preceding subparagraph (A), by striking a period of 5 years and inserting the applicable period under section 1271B(b); and

(2)

in paragraph (3), by striking the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers and inserting notwithstanding the requirements of paragraph (3) of section 1001D(b), the Secretary may waive the applicability of the limitation in paragraph (2) of such section, and any limitation on the maximum amount of payments related to the covered programs, for participating producers.

2704.

Funding

Section 1271D(a) of the Food Security Act of 1985 (16 U.S.C. 3871d(a)) is amended to read as follows:

(a)

Availability of funds

Of the funds of the Commodity Credit Corporation, the Secretary shall use, to carry out the program—

(1)

$100,000,000 for each of fiscal years 2014 through 2018; and

(2)

$250,000,000 for each of fiscal years 2019 through 2023.

.

2705.

Administration

Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) is amended—

(1)

by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following:

(b)

Guidance

The Secretary shall provide eligible partners and producers participating in the partnership agreements with guidance on how to quantify and report on environmental outcomes associated with the adoption of conservation practices under the program.

; and

(2)

in subsection (c), as so redesignated—

(A)

in paragraph (3), by striking ; and and inserting a semicolon;

(B)

in paragraph (4)(C), by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(5)

the progress that eligible partners and producers participating in the partnership agreements are making in quantifying and reporting on environmental outcomes associated with the adoption of conservation practices under the program.

.

2706.

Critical conservation areas

Section 1271F(c) of the Food Security Act of 1985 (16 U.S.C. 3871f(c)) is amended by striking paragraph (3).

H

Repeals and Transitional Provisions; Technical Amendments

2801.

Repeal of conservation security and conservation stewardship programs

(a)

Repeal

Except as provided in subsection (b), chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) is repealed.

(b)

Transitional provisions for conservation stewardship program

(1)

Effect on existing contracts

The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) before the date of enactment of this Act, or any payments required to be made in connection with the contract.

(2)

No renewals

Notwithstanding paragraph (1), the Secretary may not renew a contract described in such paragraph.

2802.

Repeal of terminal lakes assistance

Section 2507 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–6) is repealed.

2803.

Technical amendments

(a)

Delineation of wetlands; exemptions

Section 1222(j) of the Food Security Act of 1985 (16 U.S.C. 3822(j)) is amended by striking National Resources Conservation Service and inserting Natural Resources Conservation Service.

(b)

Delivery of technical assistance

Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended by striking third party each place it appears and inserting third-party.

(c)

Administrative requirements for conservation programs

Section 1244(b)(4)(B) of the Food Security Act of 1985 (16 U.S.C. 3844(b)(4)(B)) is amended by striking General Accounting Office and inserting General Accountability Office.

(d)

Watershed Protection and Flood Prevention Act

Section 5(4) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005(4)) is amended—

(1)

by striking goodwater and inserting floodwater; and

(2)

by striking Secretary of Health, Education, and Welfare each place it appears and inserting Secretary of Health and Human Services.

III

Trade

A

Food for Peace Act

3001.

Findings

(a)

Findings

Congress finds the following:

(1)

The United States has long been the world’s largest donor of international food assistance.

(2)

American farmers have been instrumental in the success of United States international food assistance programs by providing an affordable, safe, and reliable source of nutritious agricultural commodities.

(3)

Through the efforts of the United States maritime industry and private voluntary organizations, agricultural commodities grown in the United States have been delivered to millions of people in need around the globe.

(4)

The United States should continue to use its abundant agricultural productivity to promote the foreign policy of the United States by enhancing the food security of the developing world through the timely provision of agricultural commodities.

3002.

Labeling requirements

Subsection (g) of section 202 of the Food for Peace Act (7 U.S.C. 1722) is amended to read as follows:

(g)

Labeling of assistance

Agricultural commodities and other assistance provided under this title shall, to the extent practicable, be clearly identified with appropriate markings on the package or container of such commodities and food procured outside of the United States, or on printed material that accompanies other assistance, in the language of the locality in which such commodities and other assistance are distributed, as being furnished by the people of the United States of America.

.

3003.

Food aid quality assurance

Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3)) is amended by striking 2018 and inserting 2023.

3004.

Local sale and barter of commodities

Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended—

(1)

in subsection (a), by inserting to generate proceeds to be used as provided in this section before the period at the end;

(2)

by striking subsection (b); and

(3)

by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

3005.

Minimum levels of assistance

Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is amended in paragraphs (1) and (2) by striking 2018 both places it appears and inserting 2023.

3006.

Extension of termination date of Food Aid Consultative Group

Section 205(f) of the Food for Peace Act (7 U.S.C. 1725(f)) is amended by striking 2018 and inserting 2023.

3007.

Issuance of regulations

Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1)) is amended by striking the Agricultural Act of 2014and inserting the Agriculture and Nutrition Act of 2018.

3008.

Funding for program oversight, monitoring, and evaluation

Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is amended—

(1)

in subparagraph (A)—

(A)

by striking $17,000,000 and inserting 1.5 percent; and

(B)

by striking 2014 through 2018 the first place it appears and inserting 2019 through 2023; and

(C)

by striking 2018 the second place it appears and inserting 2023; and

(2)

in subparagraph (B)—

(A)

in clause (i), by striking 2018 and inserting 2023; and

(B)

in clause (ii), by striking chapter 1 of part I of.

3009.

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

Section 208 the Food for Peace Act (7 U.S.C. 1726b) is amended—

(1)

by amending the section heading to read as follows: International Food Relief Partnership; and

(2)

in subsection (f), by striking 2018 and inserting 2023.

3010.

Consideration of impact of provision of agricultural commodities and other assistance on local farmers and economy

(a)

Inclusion of all modalities

Section 403(a) of the Food for Peace Act (7 U.S.C. 1733(a)) is amended—

(1)

in the matter preceding paragraph (1), by inserting , food procured outside of the United States, food voucher, or cash transfer for food, after agricultural commodity;

(2)

in paragraph (1), by inserting in the case of the provision of an agricultural commodity, before adequate; and

(3)

in paragraph (2), by striking commodity and inserting agricultural commodity or use of the food procured outside of the United States, food vouchers, or cash transfers for food.

(b)

Avoidance of disruptive impact

Section 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended—

(1)

in the first sentence, by inserting , food procured outside of the United States, food vouchers, and cash transfers for food after agricultural commodities; and

(2)

in the second sentence, by striking of sales of agricultural commodities.

3011.

Prepositioning of agricultural commodities

Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C. 1736a(c)(4)(A)) is amended by striking 2018 each place it appears and inserting 2023.

3012.

Annual report regarding food aid programs and activities

(a)

In general

Section 407(f) of the Food for Peace Act (7 U.S.C. 1736a(f)(1)) is amended to read as follows:

(f)

Annual report regarding food aid programs and activities

(1)

In general

Not later than April 1 of each fiscal year, the Administrator and the Secretary shall prepare, either jointly or separately, a report regarding each program and activity carried out under this Act during the prior fiscal year. If the report for a fiscal year will not be submitted to the appropriate committees of Congress by the date specified in this subparagraph, the Administrator and the Secretary shall promptly notify such committees about the delay, including the reasons for the delay, the steps being taken to complete the report, and an estimated submission date.

(2)

Contents

An annual report described in paragraph (1) shall include, with respect to the prior fiscal year, the following:

(A)

A list that contains a description of each country and organization that receives food and other assistance under this Act (including the quantity of food and assistance provided to each country and organization).

(B)

A general description of each project and activity implemented under this Act (including each activity funded through the use of local currencies) and the total number of beneficiaries of the project.

(C)

A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to—

(i)

this Act;

(ii)

section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b));

(iii)

the Food for Progress Act of 1985 (7 U.S.C. 1736o); and

(iv)

the McGovern-Dole International Food for Education and Child Nutrition Program established by section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1).

(D)

An assessment of the progress made through programs under this Act towards reducing food insecurity in the populations receiving food assistance from the United States.

(E)

A description of efforts undertaken by the Food Aid Consultative Group under section 205 to achieve an integrated and effective food assistance program.

(F)

An assessment of—

(i)

each program oversight, monitoring, and evaluation system implemented under section 207(f); and

(ii)

the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this title.

(G)

An assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance.

(H)

A statement of the amount of funds (including funds for administrative costs, indirect cost recovery, internal transportation, storage and handling, and associated distribution costs) provided to each eligible organization that received assistance under this Act, that further describes the following:

(i)

How such funds were used by the eligible organization.

(ii)

The actual rate of return for each commodity made available under this Act, including factors that influenced the rate of return, and, for the commodity, the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Administrator and the Secretary determine to be necessary.

(iii)

For each instance in which a commodity was made available under this Act at a rate of return less than 70 percent, the reasons for the rate of return realized.

(I)

For funds expended for the purposes of section 202(e), 406(b)(6), and 407(c)(1)(B), a detailed accounting of the expenditures and purposes of such expenditures with respect to each section.

(3)

Rate of return described

For purposes of applying subparagraph (H), the rate of return for a commodity shall be equal to the proportion that—

(A)

the proceeds the implementing partners generate through monetization; bears to

(B)

the cost to the Federal Government to procure and ship the commodity to a recipient country for monetization.

.

(b)

Conforming repeal

Subsection (m) of section 403 of the Food for Peace Act (7 U.S.C. 1733) is repealed.

3013.

Deadline for agreements to finance sales or to provide other assistance

Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking 2018 and inserting 2023.

3014.

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

For each of fiscal years 2019 through 2023, not less than $365,000,000 of the amounts made available to carry out emergency and nonemergency food assistance programs under title II, nor more than 30 percent of such amounts, shall be expended for nonemergency food assistance programs under such title.

(2)

Community development funds

Funds appropriated each year to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) that are made available through grants or cooperative agreements to strengthen food security in developing countries and that are consistent with section 202(e)(1)(C) may be deemed to be expended on nonemergency food assistance programs for purposes of this section.

.

3015.

Termination date for micronutrient fortification programs

Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking 2018 and inserting 2023.

3016.

John Ogonowski and Doug Bereuter Farmer-to-Farmer Program

(a)

Clarification of nature of assistance

Section 501(b)(1) of the Food for Peace Act (7 U.S.C. 1737(b)(1)) is amended by inserting technical before assistance.

(b)

Eligible participants

Section 501(b)(2) of the Food for Peace Act (7 U.S.C. 1737(b)(2)) is amended by inserting retired extension staff of the Department of Agriculture, after private corporations,.

(c)

Additional purpose

Section 501(b) of the Food for Peace Act (7 U.S.C. 1737(b)) is amended—

(1)

by striking and at the end of paragraph (5);

(2)

by redesignating paragraph (6) as paragraph (7); and

(3)

by inserting after paragraph (5) the following new paragraph:

(6)

foster appropriate investments in institutional capacity-building and allow longer-term and sequenced assignments and partnerships to provide deeper engagement and greater continuity on such projects; and

.

(d)

Minimum funding

Subsection (d) of section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended to read as follows:

(d)

Minimum Funding

(1)

In general

Notwithstanding any other provision of law, in addition to any funds that may be specifically appropriated to carry out this section, not less than the greater of $15,000,000 or 0.6 percent of the amounts made available for each of fiscal years 2014 through 2023, to carry out this Act shall be used to carry out programs under this section, of which—

(A)

not less than 0.2 percent to be used for programs in developing countries; and

(B)

not less than 0.1 percent to be used for programs in sub-Saharan African and Caribbean Basin countries.

(2)

Treatment of expenditures

Funds used to carry out programs under this section shall be counted towards the minimum level of nonemergency food assistance specified in section 412(e).

.

(e)

Authorization of appropriations

Section 501(e)(1) of the Food for Peace Act (7 U.S.C. 1737(e)(1)) is amended in by striking 2018 and inserting 2023.

B

Agricultural Trade Act of 1978

3101.

Findings

Congress finds the following:

(1)

United States export development programs significantly increase demand for United States agriculture products within foreign markets, boosting agricultural export volume and overall farm income, and generating a net return of $28 in added export revenue for each invested program dollar.

(2)

Our global competitors provide substantially more public support for export promotion than is provided to United States agricultural exporters. The Market Access Program and Foreign Market Development Program receive combined annual funding of approximately $234,500,000. In comparison, the European Union allocates $255,000,000 annually for the international promotion of wine alone.

(3)

The preservation and streamlining of United States export market development programs complements the recent reorganization within the Department of Agriculture by ensuring the newly established Under Secretary for Trade and Foreign Agricultural Affairs has the tools necessary to enhance the competitiveness of the United States agricultural industry on the global stage.

3102.

Consolidation of current programs as new International Market Development Program

(a)

International Market Development Program

Section 205 of the Agricultural Trade Act of 1978 (7 U.S.C. 5625) is amended to read as follows:

205.

International Market Development Program

(a)

Program required

The Secretary and the Commodity Credit Corporation shall establish and carry out a program, to be known as the International Market Development Program, to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities.

(b)

Market access program component

(1)

In general

As one of the components of the International Market Development Program, the Commodity Credit Corporation shall carry out a program to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities through cost-share assistance to eligible trade organizations that implement a foreign market development program.

(2)

Types of assistance

Assistance under this subsection may be provided in the form of funds of, or commodities owned by, the Commodity Credit Corporation, as determined appropriate by the Secretary.

(3)

Participation requirements

(A)

Marketing plan and other requirements

To be eligible for cost-share assistance under this subsection, an eligible trade organization shall—

(i)

prepare and submit a marketing plan to the Secretary that meets the guidelines governing such a marketing plan specified in this paragraph or otherwise established by the Secretary;

(ii)

meet any other requirements established by the Secretary; and

(iii)

enter into an agreement with the Secretary.

(B)

Purpose of marketing plan

A marketing plan submitted under this paragraph shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this subsection is being requested.

(C)

Specific elements

To be approved by the Secretary, a marketing plan submitted under this paragraph shall—

(i)

specifically describe the manner in which assistance received by the eligible trade organization, in conjunction with funds and services provided by the eligible trade organization, will be expended in implementing the marketing plan;

(ii)

establish specific market goals to be achieved under the marketing plan; and

(iii)

contain whatever additional requirements are determined by the Secretary to be necessary.

(D)

Branded promotion

A marketing plan approved by the Secretary may provide for the use of branded advertising to promote the sale of United States agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary.

(E)

Amendments

An approved marketing plan may be amended by the eligible trade organization at any time, subject to the approval by the Secretary of the amendments.

(4)

Level of assistance and cost-share requirements

(A)

In general

The Secretary shall justify in writing the level of assistance to be provided to an eligible trade organization under this subsection and the level of cost sharing required of the organization.

(B)

Limitation on branded promotion

Assistance provided under this subsection for activities described in paragraph (3)(D) shall not exceed 50 percent of the cost of implementing the marketing plan, except that the Secretary may determine not to apply such limitation in the case of United States agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411). Criteria used by the Secretary for determining that the limitation shall not apply shall be consistent and documented.

(5)

Other terms and conditions

(A)

Multi-year basis

The Secretary may provide assistance under this subsection on a multi-year basis, subject to annual review by the Secretary for compliance with the approved marketing plan.

(B)

Termination of assistance

The Secretary may terminate any assistance made, or to be made, available under this subsection if the Secretary determines that—

(i)

the eligible trade organization is not adhering to the terms and conditions applicable to the provision of the assistance;

(ii)

the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan;

(iii)

the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or

(iv)

the Secretary determines that termination of assistance in a particular instance is in the best interests of the program.

(C)

Evaluations

Beginning not later than 15 months after the initial provision of assistance under this subsection to an eligible trade organization, the Secretary shall monitor the expenditures by the eligible trade organization of such assistance, including the following:

(i)

An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities.

(ii)

An evaluation of whether assistance provided under this subsection is necessary to maintain such markets.

(iii)

A thorough accounting of the expenditure by the eligible trade organization of the assistance provided under this subsection.

(6)

Restrictions on use of funds

Assistance provided under this subsection to an eligible trade organization shall not be used—

(A)

to provide direct assistance to any foreign for-profit corporation for the corporation’s use in promoting foreign-produced products; or

(B)

to provide direct assistance to any for-profit corporation that is not recognized as a small business concern, excluding a cooperative, an association described in the first section of the Act entitled An Act To authorize association of producers of agricultural products, approved February 18, 1922 (7 U.S.C. 291), or a nonprofit trade association.

(7)

Permissive use of funds

Assistance provided under this subsection to a United States agricultural trade association, cooperative, or small business may be used for individual branded promotional activity related to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of assistance provided under this subsection.

(8)

Program considerations and priorities

In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall—

(A)

give equal consideration to—

(i)

proposals submitted by organizations that were participating organizations in prior fiscal years; and

(ii)

proposals submitted by eligible trade organizations that have not previously participated in the program established under this title;

(B)

give equal consideration to—

(i)

proposals submitted for activities in emerging markets; and

(ii)

proposals submitted for activities in markets other than emerging markets.

(9)

Priority

In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.

(10)

Contribution level

(A)

In general

The Secretary should require a minimum contribution level of 10 percent from an eligible trade organization that receives assistance for nonbranded promotion.

(B)

Increases in contribution level

The Secretary may increase the contribution level in any subsequent year that an eligible trade organization receives assistance for nonbranded promotion.

(11)

Additionality

The Secretary should require each participant in the program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to program activities.

(12)

Independent audits

If as a result of an evaluation or audit of activities of a participant under the program, the Secretary determines that a further review is justified in order to ensure compliance with the requirements of the program, the Secretary should require the participant to contract for an independent audit of the program activities, including activities of any subcontractor.

(13)

Tobacco

No funds made available under the market promotion program may be used for activities to develop, maintain, or expand foreign markets for tobacco.

(c)

Foreign Market Development Cooperator component

(1)

In general

As one of the components of the International Market Development Program, the Secretary shall carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities.

(2)

Cooperation

The Secretary shall carry out the foreign market development cooperator program in cooperation with eligible trade organizations.

(3)

Administration

Funds made available to carry out the foreign market development cooperator program shall be used only to provide—

(A)

cost-share assistance to an eligible trade organization under a contract or agreement with the organization; and

(B)

assistance for other costs that are necessary or appropriate to carry out the foreign market development cooperator program, including contingent liabilities that are not otherwise funded.

(4)

Program considerations

In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall—

(A)

give equal consideration to—

(i)

proposals submitted by eligible trade organizations that were participating organizations in the foreign market development cooperator program in prior fiscal years; and

(ii)

proposals submitted by eligible trade organizations that have not previously participated in the foreign market development cooperator program; and

(B)

give equal consideration to—

(i)

proposals submitted for activities in emerging markets; and

(ii)

proposals submitted for activities in markets other than emerging markets.

(d)

Technical assistance for specialty crops component

(1)

In general

As one of the components of the International Market Development Program, the Secretary shall carry out an export assistance program to address existing or potential barriers that prohibit or threaten the export of United States specialty crops.

(2)

Purpose

The export assistance program required by this subsection shall provide direct assistance through public and private sector projects and technical assistance to remove, resolve, or mitigate existing or potential sanitary and phytosanitary and technical barriers to trade.

(3)

Priority

The export assistance program required by this subsection shall address time sensitive and strategic market access projects based on—

(A)

trade effect on market retention, market access, and market expansion; and

(B)

trade impact.

(4)

Annual report

The Secretary shall submit to the appropriate committees of Congress an annual report that contains, for the period covered by the report, a description of each factor that affects the export of specialty crops, including each factor relating to any significant sanitary or phytosanitary issue or trade barrier.

(e)

E. (Kika) de la Garza Emerging Markets Program component

(1)

In general

(A)

Establishment of program

The Secretary, in order to develop, maintain, or expand export markets for United States agricultural commodities, is directed—

(i)

to make available to emerging markets the expertise of the United States to make assessments of the food and rural business systems needs of such emerging markets;

(ii)

to make recommendations on measures necessary to enhance the effectiveness of the systems, including potential reductions in trade barriers; and

(iii)

to identify and carry out specific opportunities and projects to enhance the effectiveness of those systems.

(B)

Extent of program

The Secretary shall implement this paragraph with respect to at least 3 emerging markets in each fiscal year.

(2)

Implementation of program

The Secretary may implement the requirements of paragraph (1)—

(A)

by providing assistance to teams consisting primarily of agricultural consultants, farmers, other persons from the private sector and government officials expert in assessing the food and rural business systems of other countries to enable such teams to conduct the assessments, make the recommendations, and identify the opportunities and projects specified in such paragraph in emerging markets; and

(B)

by providing for necessary subsistence and transportation expenses of—

(i)

United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States food and rural business system experts to assist in transferring knowledge and expertise to entities in emerging markets; and

(ii)

individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance food and rural business systems of such emerging markets and to transfer knowledge and expertise to such emerging markets.

(3)

Cost-sharing

The Secretary shall encourage the nongovernmental experts described in paragraph (2) to share the costs of, and otherwise assist in, the participation of such experts in the program under this paragraph.

(4)

Technical assistance

The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) necessary to enhance the effectiveness of food and rural business systems needs of emerging markets, including potential reductions in trade barriers.

(5)

Reports to Secretary

A team that receives assistance under paragraph (2) shall prepare such reports with respect to the use of such assistance as the Secretary may require.

(f)

Definitions

In this section:

(1)

Eligible Trade Organization

(A)

Market access program component

In subsection (b), the term eligible trade organization means—

(i)

a United States agricultural trade organization or regional State-related organization that promotes the export and sale of United States agricultural commodities and that does not stand to profit directly from specific sales of United States agricultural commodities;

(ii)

a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or

(iii)

a private organization that promotes the export and sale of United States agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development.

(B)

Foreign market development cooperator component

In subsection (c), the term eligible trade organization’ means a United States trade organization that—

(i)

promotes the export of one or more United States agricultural commodities; and

(ii)

does not have a business interest in or receive remuneration from specific sales of United States agricultural commodities.

(2)

Emerging market

The term emerging market means any country that the Secretary determines—

(A)

is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and

(B)

has the potential to provide a viable and significant market for United States agricultural commodities.

(3)

Small-business concern

The term small-business concern has the meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

(4)

United States agricultural commodity

The term United States agricultural commodity has the meaning given the term in section 102 of the Agriculture Trade Act of 1978 (7 U.S.C. 5602) and includes commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)).

.

(b)

Funding provision

Subsection (c) of section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended to read as follows:

(c)

International Market Development Program

(1)

In general

Of the funds of the Commodity Credit Corporation, the Secretary shall make available for the International Market Development Program under section 205 $255,000,000 for each of the fiscal years 2019 through 2023. Such amounts shall remain available until expended.

(2)

Set-asides

(A)

Market Access Program Component

Of the funds made available under paragraph (1) for a fiscal year, not less than $200,000,000 shall be used for the market access program component of the International Market Development Program under subsection (b) of section 205.

(B)

Foreign Market Development Cooperator component

Of the funds made available under paragraph (1) for a fiscal year, not less than $34,500,000 shall be used for the foreign market development cooperator component of the International Market Development Program under subsection (c) of section 205.

(C)

Technical assistance for specialty crops component

Of the funds made available under paragraph (1) for a fiscal year, not more than $9,000,000, shall be used for the specialty crops component of the International Market Development Program under subsection (d) of section 205.

(D)

Agricultural exports to emerging markets component

Of the funds made available under paragraph (1) for a fiscal year, not more than $10,000,000 shall be used to promote agricultural exports to emerging markets under the International Market Development Program under subsection (e) of section 205.

.

(c)

Repeal of superseded programs

(1)

Market access program

Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed.

(2)

Promotional assistance

Section 1302 of the Omnibus Budget Reconciliation Act of 1993 is repealed.

(3)

Foreign market development cooperator program

Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721–5723) is repealed.

(4)

Export assistance program for specialty crops

Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is repealed.

(5)

Emerging markets program

Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking subsection (d) and by redesignating subsection (e) and (f) as subsections (d) and (e), respectively.

(d)

Conforming amendments

(1)

Agricultural Trade Act of 1978

The Agricultural Trade Act of 1978 is amended—

(A)

in section 202 (7 U.S.C. 5622), by adding at the end the following new subsection:

(k)

Combination of programs

The Commodity Credit Corporation may carry out a program under which commercial export credit guarantees available under this section are combined with direct credits from the Commodity Credit Corporation under section 201 to reduce the effective rate of interest on export sales of United States agricultural commodities.

; and

(B)

in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by striking 203 and inserting 205(b).

(2)

Agricultural Marketing Act of 1946

Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) and inserting section 205 of the Agricultural Trade Act of 1978.

(3)

Food, Agriculture, Conservation, and Trade Act of 1990

Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking 1542(f) and inserting 1542(e).

C

Other Agricultural Trade Laws

3201.

Local and regional food aid procurement projects

Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended by striking 2018 and inserting 2023.

3202.

Promotion of agricultural exports to emerging markets

Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking 2018 and inserting 2023.

3203.

Bill Emerson Humanitarian Trust Act

Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended—

(1)

in subsection (b)(2)(B)(i), by striking 2018 each place it appears and inserting 2023; and

(2)

in subsection (h), by striking 2018 each place it appears and inserting 2023.

3204.

Food for Progress Act of 1985

(a)

Extension

Section 1110 of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985; 7 U.S.C. 1736o) is amended—

(1)

in subsection (f)(3), by striking 2018 and inserting 2023;

(2)

in subsection (g), by striking 2018 and inserting 2023;

(3)

in subsection (k), by striking 2018 and inserting 2023; and

(4)

in subsection (l)(1), by striking 2018 and inserting 2023.

(b)

Eligible entities

Section 1110(b)(5) of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985; 7 U.S.C. 1736o(b)(5)) is amended—

(1)

by striking and at the end of subparagraph (E);

(2)

by redesignating subparagraph (F) as subparagraph (G); and

(3)

by inserting after subparagraph (E) the following new subparagraph:

(F)

a college or university (as such terms are defined in section 1404(4) of the Food and Agriculture Act of 1977 (7 U.S.C. 3103(4)); and

.

(c)

Private voluntary organizations and other private entities

Section 1110(o) of the Food Security Act of 1985 is amended in paragraph (1) by striking (F) and inserting (G).

3205.

McGovern-Dole International Food for Education and Child Nutrition Program

(a)

Consideration of Proposals

Section 3107(f)(1)(B) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(f)(1)(B)) is amended by inserting before the semicolon the following: and, to the extent practicable, that assistance will be provided on a timely basis so as to coincide with the beginning of and when needed during the relevant school year.

(b)

Authorization of appropriations

Section 3107(l)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(l)(2)) is amended by striking 2018 and inserting 2023.

3206.

Cochran fellowship program

(a)

Authorized locations for training

Section 1543(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(a)) is amended by striking for study in the United States. and inserting the following:

for study—

(1)

in the United States; or

(2)

at a college or university located in an eligible country that the Secretary determines—

(A)

has sufficient scientific and technical facilities;

(B)

has established a partnership with at least one college or university in the United States; and

(C)

has substantial participation by faculty members of the United States college or university in the design of the fellowship curriculum and classroom instruction under the fellowship.

.

(b)

Fellowship purposes

Section 1543(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(c)(2)) is amended by inserting before the period at the end the following: , including trade linkages involving regulatory systems governing sanitary and phyto-sanitary standards for agricultural products.

3207.

Borlaug fellowship program

Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended to read as follows:

1473G.

Borlaug International Agricultural Science and Technology Fellowship Program

(a)

Fellowship program

(1)

Establishment

The Secretary shall establish a fellowship program, to be known as the Borlaug International Agricultural Science and Technology Fellowship Program.

(2)

Fellowships to individuals from eligible countries

As part of the fellowship program, the Secretary shall provide fellowships to individuals from eligible countries as described in subsection (b) who specialize in agricultural education, research, and extension for scientific training and study designed to assist individual fellowship recipients, including the following 3 programs:

(A)

A graduate studies program in agriculture to assist individuals who participate in graduate agricultural degree training at a United States institution.

(B)

An individual career improvement program to assist agricultural scientists from developing countries in upgrading skills and understanding in agricultural science and technology.

(C)

A Borlaug agricultural policy executive leadership course to assist senior agricultural policy makers from eligible countries, with an initial focus on individuals from sub-Saharan Africa and the independent states of the former Soviet Union.

(3)

Fellowships to United States citizens

As part of the fellowship program, the Secretary shall provide fellowships to citizens of the United States to assist eligible countries in developing school-based agricultural education and youth extension programs.

(b)

Eligible country described

For purposes of this section, an eligible country is a developing country, as determined by the Secretary using a gross national income per capita test selected by the Secretary.

(c)

Purpose of fellowships

(1)

Fellowships to individuals from eligible countries

A fellowship provided under subsection (a)(2) shall—

(A)

promote food security and economic growth in eligible countries by—

(i)

educating a new generation of agricultural scientists;

(ii)

increasing scientific knowledge and collaborative research to improve agricultural productivity; and

(iii)

extending that knowledge to users and intermediaries in the marketplace; and

(B)

support—

(i)

training and collaborative research opportunities through exchanges for entry level international agricultural research scientists, faculty, and policymakers from eligible countries;

(ii)

collaborative research to improve agricultural productivity;

(iii)

the transfer of new science and agricultural technologies to strengthen agricultural practice; and

(iv)

the reduction of barriers to technology adoption.

(2)

Fellowships to United States citizens

A fellowship provided under subsection (a)(3) shall—

(A)

develop globally minded United States agriculturists with experience living abroad;

(B)

focus on meeting the food and fiber needs of the domestic population of eligible countries; and

(C)

strengthen and enhance trade linkages between eligible countries and the United States agricultural industry.

(d)

Fellowship recipients

(1)

Fellowships to individuals from eligible countries

(A)

Eligible candidates

The Secretary may provide fellowships under subsection (a)(2) to individuals from eligible countries who specialize or have experience in agricultural education, research, extension, or related fields, including—

(i)

individuals from the public and private sectors; and

(ii)

private agricultural producers.

(B)

Candidate identification

For fellowships under subsection (a)(2), the Secretary shall use the expertise of United States land-grant colleges and universities and similar universities, international organizations working in agricultural research and outreach, and national agricultural research organizations to help identify program candidates for fellowships from the public and private sectors of eligible countries.

(C)

Location of training

The scientific training or study of fellowship recipients under subsection (a)(2) shall occur—

(i)

in the United States; or

(ii)

at a college or university located in an eligible country that the Secretary determines—

(I)

has sufficient scientific and technical facilities;

(II)

has established a partnership with at least one college or university in the United States; and

(III)

has substantial participation by faculty members of the United States college or university in the design of the fellowship curriculum and classroom instruction under the fellowship.

(2)

Fellowships to United States citizens

(A)

Eligible candidates

The Secretary may provide fellowships under subsection (a)(3) to citizens of the United States who—

(i)

hold at least a bachelors degree in an agricultural related field of study; and

(ii)

have an understanding of United States school-based agricultural education and youth extension programs, as determined by the Secretary.

(B)

Candidate identification

For fellowships under subsection (a)(3), the Secretary shall consult with the National FFA Organization, the National 4–H Council, and other entities as the Secretary deems appropriate to identify candidates for fellowships.

(e)

Program implementation

The Secretary shall provide for the management, coordination, evaluation, and monitoring of the Borlaug International Agricultural Science and Technology Fellowship Program and for the individual programs described in subsection (a), except that—

(1)

the Secretary may contract out to 1 or more collaborating universities the management of 1 or more of the fellowship programs under subsection (a)(2); and

(2)

the Secretary may contract out the management of the fellowship program under subsection (a)(3) to an outside organization with experience in implementing fellowship programs focused on building capacity for school-based agricultural education and youth extension programs in developing countries.

(f)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated $6,000,000 to carry out this section.

(2)

Set-asides

Of any funds made available pursuant to paragraph (1), not less than $2,800,000 shall be used to carry out the fellowship program for individuals from eligible countries under subsection (a)(2).

(3)

Duration

Any funds made available pursuant to paragraph (1) shall remain available until expended.

.

3208.

Global Crop Diversity Trust

(a)

United States Contribution Limit

Section 3202(b) of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law 110–246(b)) is amended by striking 25 percent and inserting 33 percent.

(b)

Authorization of appropriations

Section 3202(c) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 22 U.S.C. 2220a note) is amended by striking for the period of fiscal years 2014 through 2018 and inserting for the period of fiscal years 2019 through 2023.

3209.

Growing American Food Exports Act of 2018

Section 1543A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679) is amended to read as follows:

1543A.

Biotechnology and Agricultural Trade Program

(a)

Establishment

There is established in the Department of Agriculture a program to be known as the Biotechnology and Agricultural Trade Program.

(b)

Purpose

The purpose of the program established under this section shall be to remove, resolve, or mitigate significant regulatory nontariff barriers to the export of United States agricultural commodities into foreign markets through policy advocacy and targeted projects that address—

(1)

issues relating to United States agricultural commodities produced with the use of biotechnology or new agricultural production technologies;

(2)

advocacy for science-based regulation in foreign markets of biotechnology or new agricultural production technologies; or

(3)

quick-response intervention regarding non-tariff barriers to United States exports produced through biotechnology or new agricultural production technologies.

(c)

Eligible programs

Depending on need, as determined by the Secretary, activities authorized under this section may be carried out through—

(1)

this section;

(2)

the emerging markets program under section 1542; or

(3)

the Cochran Fellowship Program under section 1543.

.

IV

Nutrition

A

Supplemental Nutrition Assistance Program

4001.

Duplicative enrollment database

(a)

Expansion of the duplicative enrollment database

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following:

30.

Duplicative enrollment database

(a)

In general

The Secretary shall establish an interstate database, or system of databases, of supplemental nutrition assistance program information to be known as the Duplicative Enrollment Database that shall include the data submitted by each State pursuant to section 11(e)(26) and that shall meet security standards as determined by the Secretary.

(b)

Purpose

Any database, or system of databases, established pursuant to subsection (a) shall be used by States when making eligibility determinations to prevent supplemental nutrition assistance program participants from receiving duplicative benefits in multiple States.

(c)

Implementation

(1)

Issuance of interim final regulations

Not later than 18 months after the effective date of this section, the Secretary shall issue interim final regulations to carry out this section that—

(A)

incorporate best practices and lessons learned from the regional pilot project referenced in section 4032(c) of the Agricultural Act of 2014 (7 U.S.C. 2036c(c));

(B)

protect the privacy of supplemental nutrition assistance program participants and applicants consistent with section 11(e)(8); and

(C)

detail the process States will be required to follow for—

(i)

conducting initial and ongoing matches of participant and applicant data;

(ii)

identifying and acting on all apparent instances of duplicative participation by participants or applicants in multiple States;

(iii)

disenrolling an individual who has applied to participate in another State in a manner sufficient to allow the State in which the individual is currently applying to comply with sections 11(e)(3) and (9); and

(iv)

complying with such other rules and standards the Secretary determines appropriate to carry out this section.

(2)

Timing

The initial match and corresponding actions required by paragraph (1)(C) shall occur within 3 years after the date of the enactment of the Agriculture and Nutrition Act of 2018.

(d)

Reports

Using the data submitted to the Duplicative Enrollment Database, the Secretary shall publish an annual report analyzing supplemental nutrition assistance program participant characteristics, including participant tenure on the program. The report shall be made available to the public in a manner that prevents identification of participants that receive supplemental nutrition assistance program benefits.

.

(b)

State data collection and submission requirements

Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—

(1)

in paragraph (24) by striking and at the end,

(2)

in paragraph (25) by striking the period at the end and inserting ; and, and

(3)

by adding at the end the following:

(26)

that the State agency shall collect and submit supplemental nutrition assistance program data to the Duplicative Enrollment Database established in section 30, in accordance with guidance or rules issued by the Secretary establishing a uniform method and format for the collection and submission of data, including for each member of a participating household—

(A)

the social security number or the social security number substitute;

(B)

the employment status of such member;

(C)

the amount of income and whether that income is earned or unearned;

(D)

that member’s portion of the household monthly allotment, and

(E)

the portion of the aggregate value of household assets attributed to that member.

.

4002.

Retailer-funded incentives pilot

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), as amended by section 4001, is amended by adding at the end the following:

31.

Retailer-funded incentives pilot

(a)

In general

The Secretary shall establish a pilot project in accordance with subsection (d) through which participating retail food stores provide bonuses to participating households based on household purchases of fruits, vegetables, and fluid milk.

(b)

Definitions

For purposes of this section—

(1)

The term bonus means a financial incentive provided at the point of sale to a participating household that expends a portion of its allotment for the purchase of fruits, vegetables, or fluid milk.

(2)

The term fluid milk means cow milk without flavoring or sweeteners and packaged in liquid form.

(3)

The term fruits means minimally processed fruits.

(4)

The term retail food store means a retail food store as defined in section 3(o)(1) that is authorized to accept and redeem benefits under the supplemental nutrition assistance program.

(5)

The term vegetables means minimally processed vegetables.

(c)

Project participant plans

To participate in the pilot project established under subsection (a), a retail food store shall submit to the Secretary for approval a plan that includes—

(1)

a method of quantifying the cost of fruits, vegetables, and fluid milk, that will earn households a bonus;

(2)

a method of providing bonuses to participating households and adequately testing such method;

(3)

a method of ensuring bonuses earned by households may be used only to purchase food eligible for purchase under the supplemental nutrition assistance program;

(4)

a method of educating participating households about the availability and use of a bonus;

(5)

a method of providing data and reports, as requested by the Secretary, for purposes of analyzing the impact of the pilot project established under subsection (a) on household access, ease of bonus use, and program integrity; and

(6)

such other criteria, including security criteria, as established by the Secretary.

(d)

Pilot project requirements

Retail food stores with plans approved under subsection (c) to participate in the pilot project established under subsection (a) shall—

(1)

provide a bonus in a dollar amount not to exceed 10 percent of the price of the purchased fruits, vegetables, and fluid milk;

(2)

fund the dollar amount of bonuses used by households, and pay for administrative costs, such as fees and system costs, associated with providing such bonuses;

(3)

ensure that bonuses earned by households may be used only to purchase food eligible for purchase under the supplemental nutrition assistance program; and

(4)

provide data and reports as requested by the Secretary for purposes of analyzing the impact of the pilot project established under subsection (a) on household access, ease of bonus use, and program integrity.

(e)

Limitation

A retail food store participating in a project under section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) shall not be eligible to participate in the pilot project established under subsection (a).

(f)

Implementation

Not later than 18 months after the date of the enactment of Agriculture and Nutrition Act of 2018, the Secretary shall solicit and approve plans submitted under subsection (c) that satisfy the requirements of such subsection.

(g)

Reimbursements

(1)

Rate of reimbursement

Subject to paragraphs (2) and (3), the Secretary shall reimburse retail food stores with plans approved under subsection (f) in an amount not to exceed 25 percent of the dollar value of bonuses earned by households and used to purchase food eligible for purchase under the supplemental nutrition assistance program.

(2)

Aggregate amount of reimbursements

The aggregate amount of reimbursements paid in a fiscal year to all retail food stores that participate in the pilot project established under subsection (a) in such fiscal year shall not exceed $120,000,000.

(3)

Requirements

(A)

Timeline

Not later than 1 year after the date of the enactment of the Agriculture and Nutrition Act of 2018, the Secretary shall establish requirements to implement this section, including criteria for prioritizing reimbursements to such stores within the limit established in paragraph (2) and subject to subparagraph (B).

(B)

Distribution of reimbursements

(i)

Monthly payments

Reimbursements payable under this subsection shall be paid on a monthly basis.

(ii)

Prorated payments

If funds made available under subsection (h) are insufficient to pay in full reimbursements payable for a month because of the operation of paragraph (2), such reimbursements shall be paid on a pro rata basis to the extent funds remain available for payment.

(h)

Funding

From funds made available under section 18(a)(1) for a fiscal year, the Secretary shall allocate not to exceed $120,000,000 for reimbursements payable under this section for such fiscal year.

.

4003.

Gus Schumacher food insecurity nutrition incentive program

(a)

Amendments

Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—

(1)

by striking the heading and inserting Gus Schumacher food insecurity nutrition incentive program,

(2)

in subsection (b)—

(A)

in paragraph (2)—

(i)

in subparagraph (A)(ii)—

(I)

in subclause (II) by inserting financial after providing,

(II)

by amending subclause (III) to read as follows:

(III)

has adequate plans to collect data for reporting and agrees to participate in a program evaluation; and

.

(III)

in subclause (IV) by striking ; and at the end and inserting a period, and

(IV)

by striking subclause (V), and

(ii)

by amending subparagraph (B) to read as follows:

(B)

Priorities

In awarding grants under this section—

(i)

the Secretary shall give priority to projects that—

(I)

maximize the share of funds used for direct incentives to participants;

(II)

include coordination with multiple stakeholders, such as farm organizations, nutrition education programs, cooperative extension service programs, public health departments, health providers, private and public health insurance agencies, cooperative grocers, grocery associations, and community-based and non-governmental organizations;

(III)

have the capacity to generate sufficient data and analysis to demonstrate effectiveness of program incentives; and

(ii)

the Secretary may also give priority to projects that—

(I)

are located in underserved communities;

(II)

use direct-to-consumer sales marketing;

(III)

demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers;

(IV)

provide locally or regionally produced fruits and vegetables;

(V)

offer supplemental services in high-need communities, including online ordering, transportation between home and store, and delivery services;

(VI)

provide year-round access to program incentives; and

(VII)

address other criteria as established by the Secretary.

,

(B)

by amending paragraph (4) to read as follows:

(4)

Training, evaluation, and information center

(A)

In general

The Secretary, in consultation with the Director of the National Institute of Food and Agriculture, shall establish a Food Insecurity Nutrition Incentive Program Training, Evaluation, and Information Center capable of providing services related to grants under subsection (b), including—

(i)

offering incentive program training and technical assistance to applicants and grantees to the extent practicable;

(ii)

collecting, evaluating, and sharing information on best practices on common incentive activities;

(iii)

assisting with collaboration among grantee projects, State agencies, and nutrition education programs;

(iv)

facilitating communication between grantees and the Department of Agriculture; and

(v)

compiling program data from grantees and generating an annual report to Congress on grant outcomes.

(B)

Cooperative agreement

To carry out subparagraph (A), the Secretary may enter into a cooperative agreement with an organization with expertise in the supplemental nutrition assistance program incentive programs, including—

(i)

nongovernmental organizations;

(ii)

State cooperative extension services;

(iii)

regional food system centers;

(iv)

Federal and State agencies;

(v)

public, private, and land-grant colleges and universities; and

(vi)

other appropriate entities as determined by the Secretary.

(C)

Funding limitation

Of the funds made available under subsection (c), the Secretary may use to carry out this paragraph not more than—

(i)

$2,000,000 for each of the fiscal years 2019 and 2020, and

(ii)

$1,000,000 for each fiscal year thereafter.

, and

(3)

in subsection (c)—

(A)

in paragraph (1) by striking 2014 through 2018 and inserting 2019 through 2023, and

(B)

in paragraph (2)—

(i)

in subparagraph (B) by striking and at the end;

(ii)

in subparagraph (C) by striking the period at the end and inserting ;, and

(iii)

by adding at the end the following:

(D)

$45,000,000 for fiscal year 2019;

(E)

$50,000,000 for fiscal year 2020;

(F)

$55,000,000 for fiscal year 2021;

(G)

$60,000,000 for fiscal year 2022; and

(H)

$65,000,000 for fiscal year 2023 and each fiscal year thereafter.

.

(b)

Conforming amendment

The table of contents of Food, Conservation, and Energy Act of 2008 is amended by striking the item relating to section 4405 by inserting the following:

Sec. 4405. Gus Schumacher food insecurity nutrition incentive program.

.

4004.

Re-evaluation of thrifty food plan

Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) is amended by inserting after the 1st sentence the following:

By 2022 and at 5-year intervals thereafter, the Secretary shall re-evaluate and publish the market baskets of the thrifty food plan based on current food prices, food composition data, and consumption patterns.

.

4005.

Food distribution programs on Indian reservations

Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—

(1)

in paragraph (6)—

(A)

in the heading by striking locally-grown and inserting locally- and regionally-grown,

(B)

in subparagraph (A) by striking locally-grown and inserting locally- and regionally-grown,

(C)

in subparagraph (C)—

(i)

by striking locally grown and inserting locally- and regionally-grown, and

(ii)

by striking locally-grown and inserting locally- and regionally-grown,

(D)

by amending subparagraph (D) to read as follows:

(D)

Purchase of foods

In carrying out this paragraph, the Secretary shall purchase or offer to purchase those traditional foods that may be procured cost-effectively.

;

(E)

by striking subparagraph (E), and

(F)

in subparagraph (F)—

(i)

by striking (F) and inserting (E), and

(ii)

by striking 2018 and inserting 2023, and

(2)

by adding at the end the following:

(7)

Funds availability

Funds made available for a fiscal year to carry out this subsection shall remain available for obligation for a period of 2 fiscal years.

.

4006.

Update to categorical eligibility

Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—

(1)

in the 2d sentence of subsection (a)—

(A)

by striking receives benefits and inserting (1) receives cash assistance or ongoing and substantial services,

(B)

by striking supplemental security and inserting with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), (2) is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) with an income eligibility limit of not more than 200 percent of the poverty line as defined in section 5(c)(1), (3) receives supplemental security, and

(C)

by striking or aid and inserting or (4) receives aid , and

(2)

in subsection (j)—

(A)

by striking or who receives benefits and inserting cash assistance or ongoing and substantial services and

(B)

by striking to have and inserting with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), or who is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Act (42 U.S.C. 601 et seq.) with an income eligibility limit of not more than 200 percent of the poverty line as defined in section 5(c)(1), to have.

4007.

Basic allowance for housing

(a)

Exclusion of basic allowance for housing

Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) is amended—

(1)

in paragraph (18) by striking and at the end,

(2)

in paragraph (19)(B) by striking the period and inserting ; and, and

(3)

by adding at the end the following:

(20)

the value of an allowance received under section 403 of title 37 of the United States Code that does not exceed $500 monthly.

.

(b)

Update to excess shelter expense deduction

Section 5(e)(6)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(A)) is amended by inserting before the period at the end the following:

, except that for a household that receives the allowance under section 403 of title 37, United States Code, only the expenses in excess of that allowance shall be counted towards a household’s expenses for the calculation of the excess shelter deduction

.

4008.

Earned income deduction

Section 5(e)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(2)(B)) is amended by striking 20 and inserting 22.

4009.

Simplified homeless housing costs

Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(D)) is amended—

(1)

by redesignating clause (ii) as clause (iii), and

(2)

by striking clause (i) and inserting the following:

(i)

Alternative deduction

The State agency shall allow a deduction of $143 a month for households—

(I)

in which all members are homeless individuals;

(II)

that are not receiving free shelter throughout the month; and

(III)

that do not opt to claim an excess shelter expense deduction under subparagraph (A).

(ii)

Adjustment

For fiscal year 2019 and each subsequent fiscal year the amount of the homeless shelter deduction specified in clause (i) shall be adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

.

4010.

Availability of standard utility allowances based on receipt of energy assistance

(a)

Allowance to recipients of energy assistance

(1)

Standard utility allowance

Section 5(e)(6)(C)(iv)(I) of the of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I)) is amended by inserting “with an elderly member” after “households”.

(2)

Conforming amendments

Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act is amended by inserting received by a household with an elderly member before , consistent with section 5(e)(6)(C)(iv)(I).

(b)

Third-party energy assistance payments

Section 5(k)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4)) is amended—

(1)

in subparagraph (A) by inserting without an elderly member after household the 1st place it appears; and

(2)

in subparagraph (B) by inserting with an elderly member after household the 1st place it appears.

4011.

Child support; cooperation with child support agencies

(a)

Deductions for child support payments

(1)

Amendments

Section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)) is amended—

(A)

by striking paragraph (4), and

(B)

by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.

(2)

Conforming amendment

Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—

(A)

in subsection (k)(4)(B) by striking (e)(6) and inserting (e)(5), and

(B)

in subsection (n) by striking Regardless of whether a State agency elects to provide a deduction under subsection (e)(4), the and inserting The.

(b)

Cooperation With Child Support Agencies

(1)

Amendments

Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—

(A)

in subsection (l)(1) by striking At the option of a State agency, subject and inserting Subject,

(B)

in subsection (m)(1) by striking At the option of a State agency, subject and inserting Subject, and

(C)

by striking subsection (n).

(2)

Conforming amendment

Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking and (r) and inserting and (p).

4012.

Adjustment to asset limitations

Section 5(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)(1)) is amended—

(1)

in subparagraph (A)—

(A)

by striking $2,000 and inserting $7,000, and

(B)

by striking $3,000 and inserting $12,000, and—

(2)

in subparagraph (B) by striking 2008 and inserting 2019.

4013.

Updated vehicle allowance

Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) is amended—

(1)

in paragraph (1)(B)(i)—

(A)

by striking (i) In general.—Beginning and inserting the following:

(i)

In general

(I)

Beginning

, and

(B)

by adding at the end the following:

(II)

Beginning on October 1, 2019, and each October 1 thereafter, the amount specified in paragraph (2)(B)(iv) shall be adjusted in the manner described in subclause (I).

, and

(2)

in paragraph (2)—

(A)

by amending subparagraph (B)(iv) to read as follows:

(iv)

subject to subparagraph (C), with respect to any licensed vehicle that is used for household transportation or to obtain or continue employment—

(I)

1 vehicle for each licensed driver who is a member of such household to the extent that the fair market value of the vehicle exceeds $12,000; and

(II)

each additional vehicle; and

, and

(B)

by striking subparagraph (D).

4014.

Savings excluded from assets

Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)), as amended by section 4013, is amended—

(1)

in paragraph (1)(B)(i) by adding at the end the following:

(III)

Beginning on October 1, 2019, and each October 1 thereafter, the amount specified in paragraph (2)(B)(v) shall be adjusted in the manner described in subclause (I).

, and

(2)

in paragraph (2)(B)(v) by inserting to the extent that the value exceeds $2,000 after account.

4015.

Workforce solutions

(a)

Conditions of participation

Section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A)—

(i)

by striking No and inserting Subject to subparagraph (C), no,

(ii)

by striking over the age of 15 and under the age of 60 and inserting at least 18 years of age and less than 60 years of age,

(iii)

by amending clause (i) to read as follows:

(i)

without good cause, fails to work or refuses to participate in either an employment and training program established in paragraph (4), a work program, or any combination of work, an employment and training program, or work program—

(I)

a minimum of 20 hours per week, averaged monthly in fiscal years 2021 through 2025; or

(II)

a minimum of 25 hours per week, averaged monthly in fiscal years 2026 and each fiscal year thereafter;

.

(iv)

by striking clauses (ii) and (vi),

(v)

in clause (iv) by adding or at the end,

(vi)

in clause (v)(II) by striking 30 hours per week; or and inserting the hourly requirements applicable under paragraph (1)(B)(i)., and

(vii)

by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively,

(B)

by striking subparagraph (B),

(C)

by amending subparagraph (C) to read as follows:

(C)

Limitation

Subparagraph (B) shall not apply to an individual during the first month that individual would otherwise become subject to subparagraph (B) and be found in noncompliance with such subparagraph.

,

(D)

in subparagraph (D)—

(i)

in clause (iii)(I) by striking (A) each place it appears and inserting (B),

(ii)

in clause (iv) by striking (A)(v)and inserting (B)(iv), and

(iii)

by striking clauses (v) and (vi),

(E)

by redesignating subparagraphs (A) and (D) as subparagraphs (B) and (I), respectively,

(F)

by inserting before subparagraph (B), as so redesignated, the following:

(A)

Definition of work program

In this subsection, the term work program means—

(i)

a program under title I of the Workforce Innovation and Opportunity Act;

(ii)

a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and

(iii)

a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the chief executive officer of the State and the Secretary, other than a program under paragraph (4).

, and

(G)

by inserting after subparagraph (C) the following:

(D)

Transition period

During each of the fiscal years 2019 and 2020, States shall continue to implement and enforce the work and employment and training program requirements consistent with this subsection, subsection (e), subsection (o) excluding paragraph (6)(F), section 7(i), section 11(e)(19), and section 16 (excluding subparagraphs (A), (B), (D), and (C) of subsection (h)(1)) as those provisions were in effect on the day before the effective date of this subparagraph.

(E)

Ineligibility

(i)

Notification of failure to meet work requirements

The State agency shall issue a notice of adverse action to an individual not later than 10 days after the State agency determines that the individual has failed to meet the requirements applicable under subparagraph (B).

(ii)

First violation

The 1st time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until—

(I)

the date that is 12 months after the date the individual became ineligible;

(II)

the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or

(III)

the date that the individual is no longer subject to the requirements of subparagraph (B);

whichever is earliest.
(iii)

Second or subsequent violation

The 2d or subsequent time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until—

(I)

the date that is 36 months after the date the individual became ineligible;

(II)

the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or

(III)

the date the individual is no longer subject to the requirements of subparagraph (B);

whichever is earliest.
(F)

Waiver

(i)

In general

On the request of a State agency, the Secretary may waive the applicability of subparagraph (B) to individuals in the State if the Secretary makes a determination that the area in which the individuals reside—

(I)

has an unemployment rate of over 10 percent;

(II)

is designated as a Labor Surplus Area by the Employment and Training Administration of the Department of Labor for the current fiscal year based on the criteria for exceptional circumstances as described in section 654.5 of title 20 of the Code of Federal Regulations;

(III)

has a 24-month average unemployment rate 20 percent or higher than the national average for the same 24-month period unless the 24-month average unemployment rate of the area is less than 6 percent, except that the 24-month period shall begin no earlier than the 24-month period the Employment and Training Administration of the Department of Labor uses to designate Labor Surplus Areas for the current fiscal year; or

(IV)

is in a State—

(aa)

that is in an extended benefit period (within the meaning of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970); or

(bb)

in which temporary or emergency unemployment compensation is being provided under any Federal law.

(ii)

Jurisdictions with limited data

In carrying out clause (i), in the case of a jurisdiction for which Bureau of Labor Statistics unemployment data is limited or unavailable, such as an Indian Reservation or a territory of the United States, a State may support its request based on other economic indicators as determined by the Secretary.

(iii)

Limit on combining jurisdictions

In carrying out clause (i), the Secretary may waive the applicability of subparagraph (B) only to a State or individual jurisdictions within a State, except in the case of combined jurisdictions that are designated as Labor Market Areas by the Department of Labor.

(iv)

Report

The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report on the basis for granting a waiver under clause (i).

(G)

15-percent exemption

(i)

Definitions

In this subparagraph:

(I)

Caseload

The term caseload means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.

(II)

Covered individual

The term covered individual means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to the applicability of subparagraph (B), who—

(aa)

is not eligible for an exception under paragraph (2);

(bb)

does not reside in an area covered by a waiver granted under subparagraph (F); and

(cc)

is not complying with subparagraph (B).

(ii)

General rule

Subject to clauses (iii) through (v), a State agency may provide an exemption from the requirements of subparagraph (B) for covered individuals.

(iii)

Fiscal year 2021 and thereafter

Subject to clauses (iv) and (v), for fiscal year 2021 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 2019, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for the most recent fiscal year and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.

(iv)

Caseload adjustments

The Secretary shall adjust the number of individuals estimated for a State under clause (iii) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State’s caseload by more than 10 percent, as determined by the Secretary.

(v)

Reporting requirements

(I)

Reports by State agencies

A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.

(II)

Annual report by the Secretary

The Secretary shall annually compile and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report that contains the reports submitted under subclause (I) by State agencies.

(H)

Other program rules

Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.

,

(2)

in paragraph (2)—

(A)

in the 1st sentence—

(i)

by striking paragraph (1) and inserting paragraph (1)(B), and

(ii)

by striking (E) and all that follows through the period at the end, and inserting the following:

(E) receiving weekly earnings which equal the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), multiplied by the hourly requirement as specified in subparagraph (B); (F) medically certified as mentally or physically unfit for employment; or (G) a pregnant woman.

, and

(B)

by striking the last sentence,

(3)

in paragraph (3) by striking registration requirements and inserting requirement,

(4)

in paragraph (4)—

(A)

in subparagraph (A)—

(i)

by redesignating clause (ii) as clause (iii), and

(ii)

by inserting after clause (i) the following:

(ii)

Mandatory minimum services

Each State agency shall offer employment and training program services sufficient for all individuals subject to the requirements of paragraph (1)(B)(i) who are not currently ineligible pursuant to paragraph (1)(E), exempt pursuant to subparagraphs (F) and (G) or paragraph (2) of subsection (d), and for all individuals covered by paragraph (1)(C), to meet the hourly requirements specified in paragraph (1)(B)(i) to the extent that such requirements will not be satisfied by hours of work or participation in a work program.

, and

(B)

in subparagraph (B)—

(i)

by inserting after contains the following:

case management services consisting of comprehensive intake assessments, individualized service plans, progress monitoring, and coordination with service providers, and

,

(ii)

by amending clause (i) to read as follows:

(i)

Supervised job search programs that occur at State-approved locations in which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines set forth by the State.

,

(iii)

in clause (ii) by striking jobs skills assessments, job finding clubs, training in techniques for and inserting employability assessments, training in techniques to increase,

(iv)

by striking clause (iii),

(v)

in clause (iv) in the 1st sentence by inserting , including subsidized employment, apprenticeships, and unpaid or volunteer work that is limited to 6 months out of a 12-month period before the period at the end,

(vi)

in clause (v) by inserting , including family literacy and financial literacy, after literacy,

(vii)

in clause (vii) by striking not more than, and

(viii)

by redesignating clauses (iv) through (viii) as clauses (iii) through (vii), respectively,

(C)

by striking subparagraphs (D), (E), and (F), and inserting the following:

(D)

Each State agency shall establish requirements for participation by non-exempt individuals in the employment and training program components listed in clauses (i) through (vii) of subparagraph (B). Such requirements may vary among participants.

,

(D)

in subparagraph (H) by striking (B)(v) and inserting (B)(iv), and

(E)

by redesignating subparagraphs (G) through (M) as subparagraphs (E) through (K), respectively.

(b)

Conforming amendments

(1)

Amendments to the Food and Nutrition Act of 2008

Section 5(d)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)(14)) is amended by striking 6(d)(4)(I) and inserting 6(d)(4)(G).

(2)

Amendment to other laws

(A)

Internal Revenue Code of 1986

Section 51(d)(8)(A)(ii) of the Internal Revenue Code of 1986 (26 U.S.C. 51(d)(8)(A)(ii)) is amended—

(i)

in subclause (I) by striking , or and inserting a period,

(ii)

by striking family— and all that follows through (I) receiving and inserting family receiving, and

(iii)

by striking subclause (II).

(B)

Workforce Innovation and Opportunity Act

The Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1425) is amended—

(i)

in section 103(a)(2) by striking subparagraph (D), and

(ii)

in section 121(b)(2)(B) by striking clause (iv).

(c)

Related requirements

Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—

(1)

in subsection (e)(5)(A) by inserting or of an incapacitated person after 6, and

(2)

by striking subsection (o).

(d)

Conforming amendments

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—

(1)

in section 6, as amended by section 4011 and subsection (c), by redesignating subsections (p) through (s) as subparagraphs (n) through (q), respectively, and

(2)

in section 7(i)(1) by striking 6(o)(2) and inserting 6(d)(1)(B).

(e)

State plan

Section 11(e)(19) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(19)) is amended by striking geographic areas and households to be covered under such program, and the basis, including any cost information, and inserting extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act, the plan for meeting the minimum services requirement under section 6(d)(4)(A)(ii) including any cost information, and the basis.

(f)

Funding of Employment and Training Programs

Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A) by striking $90,000,000 and all that follows through the period at the end and inserting the following:

under section 18(a)(1)—

(i)

$90,000,000 for fiscal year 2019;

(ii)

$250,000,000 for fiscal year 2020; and

(iii)

$1,000,000,000 for each fiscal year thereafter.

,

(B)

by amending subparagraph (B)(ii) to read as follows:

(ii)

takes into account—

(I)

for fiscal years 2019 and 2020, the number of individuals who are not exempt from the work requirement under section 6(o) as that section existed on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018; and

(II)

for fiscal years 2021 and each fiscal year thereafter, the number of individuals who are not exempt from the requirements under section 6(d)(1)(B).

,

(C)

in subparagraph (D) by striking $50,000 and inserting $100,000, and

(D)

by amending subparagraph (E) to read as follows:

(E)

Reservation of funds

Of the funds made available under this paragraph for fiscal year 2021 and for each fiscal year thereafter, not more than $150,000,000 shall be reserved for allocation to States to provide training services by eligible providers identified under section 122 of the Workforce Innovation and Opportunity Act for participants in the supplemental nutrition assistance program to meet the hourly requirements under section 6(d)(1)(B) of this Act.

, and

(2)

in paragraph (5)(C)—

(A)

in clause (ii) by adding and at the end,

(B)

in clause (iii) by striking ; and and inserting a period, and

(C)

by striking clause (iv).

(g)

Work supplementation or work support program

(1)

Repealer

Subsection (b) of section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(b)) is repealed.

(2)

Conforming amendment

Section 5(e)(2)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(2)(A)) is amended to read as follows:

(A)

Definition of earned income

In this paragraph, the term ‘‘earned income’’ does not include income excluded by subsection (d).

.

(h)

Workfare

(1)

Repealer

Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is repealed.

(2)

Conforming amendments

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—

(A)

in section 16(h)—

(i)

in paragraph (1)(F)—

(I)

in clause (i)—

(aa)

in subclause (I) by inserting (as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018) after this Act, and

(bb)

in subclause (II)(bb) by inserting (as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018) before the period at the end,

(II)

in clause (ii)—

(aa)

in subclause (II)(cc) by inserting (as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018) after 20, and

(bb)

in subclause (III)(ee)(AA) by inserting as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 after 6(o), and

(III)

in clause (vi)(I) by inserting as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 after 6(d), and

(ii)

in paragraph (3) by striking under section 6(d)(4)(I)(i)(II) and inserting for dependent care expenses under section 6(d)(4), and

(B)

in section 17(b)—

(i)

in paragraph (1)(B)(iv)(III)(jj) by inserting as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018 after 20, and

(ii)

by striking paragraph (2).

4016.

Modernization of electronic benefit transfer regulations

Section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) is amended—

(1)

in the 1st sentence by inserting and shall periodically review such regulations and modify such regulations to take into account evolving technology and comparable industry standards before the period at the end, and

(2)

in subparagraph (C)—

(A)

by striking (C)(i) and all that follows through abuse; and, by inserting the following:

(C)
(i)

risk-based measures to maximize the security of a system using the most effective technology available that the State agency considers appropriate and cost effective including consideration of recipient access and ease of use and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, alternatives for securing transactions, and other measures to protect against fraud and abuse; and

, and

(B)

by moving the left margin of clause (ii) 4 ems to the left.

4017.

Mobile technologies

Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14) is amended—

(1)

by amending subparagraph (A) to read as follows:

(A)

In general

Subject to subparagraph (B), the Secretary shall authorize the use of mobile technologies for the purpose of accessing supplemental nutrition assistance program benefits.

,

(2)

in subparagraph (B)—

(A)

by striking the heading and inserting Demonstration projects on access of benefits through mobile technologies,

(B)

by amending clause (i) to read as follows:

(i)

Demonstration Projects

Before authorizing implementation of subparagraph (A) in all States, the Secretary shall approve not more than 5 demonstration project proposals submitted by State agencies that will pilot the use of mobile technologies for supplemental nutrition assistance program benefits access.

,

(C)

in clause (ii)—

(i)

in the heading by striking Demonstration projects and inserting Project Requirements,

(ii)

by striking retail food store the first place it appears and inserting State agency,

(iii)

by striking includes,

(iv)

by striking subclauses (I), (II), (III), and (IV), and inserting the following:

(I)

provides recipient protections regarding privacy, ease of use, household access to benefits, and support similar to the protections provided under existing methods;

(II)

ensures that all recipients, including those without access to mobile payment technology and those who shop across State borders, have a means of benefit access;

(III)

requires retail food stores, unless exempt under section 7(f)(2)(B), to bear the costs of acquiring and arranging for the implementation of point-of-sale equipment and supplies for the redemption of benefits that are accessed through mobile technologies, including any fees not described in paragraph (13);

(IV)

requires that foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store, as determined by the Secretary;

(V)

ensures adequate documentation for each authorized transaction, adequate security measures to deter fraud, and adequate access to retail food stores that accept benefits accessed through mobile technologies, as determined by the Secretary;

(VI)

provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household access to benefits; and

(VII)

meets other criteria as established by the Secretary.

,

(D)

by amending clause (iii) to read as follows:

(iv)

Date of project approval

The Secretary shall solicit and approve the qualifying demonstration projects required under subparagraph (B)(i) not later than January 1, 2020.

, and

(E)

by inserting after clause (ii) the following:

(iii)

Priority

The Secretary may prioritize demonstration project proposals that would—

(I)

reduce fraud;

(II)

encourage positive nutritional outcomes; and

(III)

meet such other criteria as determined by the Secretary.

, and

(3)

in subparagraph (C)(i)—

(A)

by striking 2017 and inserting 2022, and

(B)

by inserting requires further study by way of an extended pilot period or after States the 2d place it appears .

4018.

Processing fees

(a)

Limitation

Section 7(h)(13) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(13)) is amended to read as follows:

(13)

Fees

No interchange fees shall apply to electronic benefit transfer transactions under this subsection. Neither a State, nor any agent, contractor, or subcontractor of a State who facilitates the provision of supplemental nutrition assistance program benefits in such State may impose a fee for switching or routing such benefits.

.

(b)

Conforming amendment

Section 7(j)(1)(H) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended to read as follows:

(H)

Switching

The term ‘’switching’’ means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in one State to the issuer of the card that may be in the same or different State.

.

4019.

Replacement of EBT cards

Section 7(h)(8)(B)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(8)(B)(ii)) is amended by striking an excessive number of lost cards and inserting 2 lost cards in a 12-month period.

4020.

Benefit recovery

Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended—

(1)

in subparagraph (A) by inserting , or due to the death of all members of the household after inactivity,

(2)

in subparagraph (B) by striking 6 and inserting 3, and

(3)

in subparagraph (C) by striking 12 months and inserting 6 months, or upon verification that all members of the household are deceased.

4021.

Requirements for online acceptance of benefits

(a)

Definition

Section 3(o)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(o)(1)) is amended by striking or house-to-house trade route and inserting , house-to-house trade route, or online entity.

(b)

Acceptance of benefits

Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended—

(1)

by striking the heading and inserting Acceptance of program benefits through online transactions,

(2)

in paragraph (4) by striking subparagraph (C), and

(3)

by striking paragraph (5).

4022.

National gateway

(a)

Issuance of benefits

Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended—

(1)

in subsection (d) by striking benefits by benefit issuers and inserting benefit issuers and other independent sales organizations, third-party processors, and web service providers that provide electronic benefit transfer services or equipment to retail food stores and wholesale food concerns,, and

(2)

by adding at the end the following:

(l)

Requirement to route all supplemental nutrition assistance program benefit transfer transactions through a national gateway

(1)

Definitions

For purposes of this section:

(A)

The term independent sales organization means a person or entity that—

(i)

is not a third-party processor; and

(ii)

engages in sales or service to retail food stores with respect to point-of-sale equipment necessary for electronic benefit transfer transaction processing.

(B)

The term third-party processor means an entity, including a retail food store operating its own point-of-sale terminals, that is capable of routing electronic transfer benefit transactions for authorization.

(C)

The term web service provider means an entity that operates a generic online purchasing website that can be customized for online electronic benefit transfer transactions for authorized retail food stores.

(2)

In general

Subject to paragraph (5), the Secretary shall establish a national gateway for the purpose of routing all supplemental nutrition assistance program benefit transfer transactions (in this subsection referred to as transactions unless the context specifies otherwise) to the appropriate benefit issuers for purposes of transaction validation and settlement.

(3)

Requirements to route transactions

The Secretary shall—

(A)

ensure that protections regarding privacy, security, ease of use, and access relating to supplemental nutrition assistance benefits are maintained for benefit recipients and retail food stores;

(B)

ensure redundancy for processing of transactions;

(C)

ensure real-time monitoring of transactions;

(D)

ensure that all entities that connect to such gateway, and all others that connect to such entities, meet and follow transaction messaging standards, and other requirements, established by the Secretary;

(E)

ensure the security of transactions by using the most effective technology available that the Secretary considers to be appropriate and cost-effective; and

(F)

ensure that all transactions are routed through such gateway.

(4)

State agency action

Each State agency shall ensure that all of its benefit issuers connect to such gateway. A State agency may opt to require its benefit issuer to route cash transactions through such gateway, subject to terms established by the Secretary.

(5)

Routing of transactions through a national gateway

(A)

In general

Before the Secretary implements in all the States a national gateway established under paragraph (2), the Secretary shall conduct a feasibility study to assess the feasibility of routing transactions through such gateway.

(B)

Feasibility study

The feasibility study conducted under subparagraph (A) shall provide, at a minimum, all of the following:

(i)

A comprehensive analysis of opportunities and challenges presented by implementation of such gateway.

(ii)

One or more options for carrying forward each of such opportunities and for mitigating each of such challenges.

(iii)

Data for purposes of analyzing the implementation of, and on-going cost of managing, such gateway.

(iv)

One or more models for cost-neutral on-going operation of a national gateway.

(v)

Other criteria, including security criteria, established by the Secretary.

(C)

Date of completion of study

The Secretary shall complete the feasibility study required by subparagraph (B) not later than 1 year after the date of the enactment of the Agriculture and Nutrition Act of 2018.

(D)

Implementation of a national gateway

Not later than 1 year after the date of the completion of such study, the Secretary shall complete the nationwide implementation of a national gateway established under paragraph (2) unless the Secretary determines, based on such study, that more time is needed to implement such gateway nationwide or that nationwide implementation of such gateway is not in the best interest of the operation of the supplemental nutrition assistance program.

(E)

Report to congress

If the Secretary makes a determination described in subparagraph (D), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes the basis of such determination.

(F)

Nondisclosure of information

Any information collected through such gateway about a specific retail food store, wholesale food concern, person, or other entity, and any investigative methodology or criteria used for program integrity purposes that operates at or in conjunction with such gateway, shall be exempt from the disclosure requirements of section 552(a) of title 5 of the United States Code pursuant to section 552(b)(3)(B) of title 5 of the United States Code. The Secretary shall limit the use or disclosure of information obtained under this subsection in a manner consistent with section 9(c).

(6)

Authorization of appropriations

There are authorized to be appropriated $10,500,000 for fiscal year 2019, and $9,500,000 for each of the fiscal years 2020 through 2023, to carry out this subsection. Not more than $1,000,000 of the funds appropriated under this paragraph may be used for the feasibility study under paragraph (5)(B).

(7)

Gateway sustainability

Benefit issuers and third-party processors shall pay fees to the gateway operator, in a manner prescribed by the Secretary, to directly access and route transactions through the national gateway.

(A)

Purpose

The Secretary shall ensure that fees are collected and used solely for the operation of the gateway.

(B)

Amount

Fees shall be established by the Secretary in amounts proportionate to the number of transactions routed through the gateway by each benefit issuer and third-party processor, and based on the cost of operating the gateway in a fiscal year.

(C)

Adjustment

The Secretary shall evaluate annually the cost of operating such gateway and shall adjust the fee in effect for a fiscal year to reflect the cost of operating such gateway, except that an adjustment under this subparagraph for any fiscal year may not exceed 10 percent of the fee charged under this paragraph in the preceding fiscal year.

.

(b)

Approval of Retail Food Stores and Wholesale Food Concerns

The 1st sentence of section 9(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(c)) is amended by inserting contracts for electronic benefit transfer services and equipment, records necessary to validate the FNS authorization number to accept and redeem benefits, after invoices,.

4023.

Access to State systems

(a)

Records

Section 11(a)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended—

(1)

by striking Records described and inserting All records, and the entire information systems in which records are contained, that are covered, and

(2)

by amending clause (i) to read as follows:

(i)