[113th Congress Public Law 79]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 649]]
Public Law 113-79
113th Congress
An Act
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2018, and
for other purposes. <<NOTE: Feb. 7, 2014 - [H.R. 2642]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Agricultural Act
of 2014.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agricultural Act of
2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary of Agriculture.
TITLE I--COMMODITIES
Subtitle A--Repeals and Reforms
Part I--Repeals
Sec. 1101. Repeal of direct payments.
Sec. 1102. Repeal of counter-cyclical payments.
Sec. 1103. Repeal of average crop revenue election program.
Part II--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.
Sec. 1119. Transition assistance for producers of upland cotton.
Subtitle B--Marketing Loans
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans for high moisture feed grains
and seed cotton.
Sec. 1210. Adjustments of loans.
Subtitle C--Sugar
Sec. 1301. Sugar policy.
Subtitle D--Dairy
Part I--Margin Protection Program for Dairy Producers
Sec. 1401. Definitions.
[[Page 128 STAT. 650]]
Sec. 1402. Calculation of average feed cost and actual dairy production
margins.
Sec. 1403. Establishment of margin protection program for dairy
producers.
Sec. 1404. Participation of dairy operations in margin protection
program.
Sec. 1405. Production history of participating dairy operations.
Sec. 1406. Margin protection payments.
Sec. 1407. Premiums for margin protection program.
Sec. 1408. Effect of failure to pay administrative fees or premiums.
Sec. 1409. Duration.
Sec. 1410. Administration and enforcement.
Part II--Repeal or Reauthorization of Other Dairy-Related Provisions
Sec. 1421. Repeal of dairy product price support program.
Sec. 1422. Temporary continuation and eventual repeal of milk income
loss contract program.
Sec. 1423. Repeal of dairy export incentive program.
Sec. 1424. Extension of dairy forward pricing program.
Sec. 1425. Extension of dairy indemnity program.
Sec. 1426. Extension of dairy promotion and research program.
Sec. 1427. Repeal of Federal Milk Marketing Order Review Commission.
Part III--Dairy Product Donation Program
Sec. 1431. Dairy product donation program.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
Sec. 1501. Supplemental agricultural disaster assistance.
Subtitle F--Administration
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Rulemaking related to significant contribution for active
personal management.
Sec. 1605. Adjusted gross income limitation.
Sec. 1606. Geographically disadvantaged farmers and ranchers.
Sec. 1607. Personal liability of producers for deficiencies.
Sec. 1608. Prevention of deceased individuals receiving payments under
farm commodity programs.
Sec. 1609. Technical corrections.
Sec. 1610. Appeals.
Sec. 1611. Assignment of payments.
Sec. 1612. Tracking of benefits.
Sec. 1613. Signature authority.
Sec. 1614. Implementation.
Sec. 1615. Research option.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
Sec. 2001. Extension and enrollment requirements of conservation reserve
program.
Sec. 2002. Farmable wetland program.
Sec. 2003. Duties of owners and operators.
Sec. 2004. Duties of the Secretary.
Sec. 2005. Payments.
Sec. 2006. Contract requirements.
Sec. 2007. Conversion of land subject to contract to other conserving
uses.
Sec. 2008. Effect on existing contracts.
Subtitle B--Conservation Stewardship Program
Sec. 2101. Conservation stewardship program.
Subtitle C--Environmental Quality Incentives Program
Sec. 2201. Purposes.
Sec. 2202. Definitions.
Sec. 2203. Establishment and administration.
Sec. 2204. Evaluation of applications.
Sec. 2205. Duties of producers.
Sec. 2206. Limitation on payments.
Sec. 2207. Conservation innovation grants and payments.
Sec. 2208. Effect on existing contracts.
[[Page 128 STAT. 651]]
Subtitle D--Agricultural Conservation Easement Program
Sec. 2301. Agricultural conservation easement program.
Subtitle E--Regional Conservation Partnership Program
Sec. 2401. Regional conservation partnership program.
Subtitle F--Other Conservation Programs
Sec. 2501. Conservation of private grazing land.
Sec. 2502. Grassroots source water protection program.
Sec. 2503. Voluntary public access and habitat incentive program.
Sec. 2504. Agriculture conservation experienced services program.
Sec. 2505. Small watershed rehabilitation program.
Sec. 2506. Emergency watershed protection program.
Sec. 2507. Terminal Lakes.
Sec. 2508. Soil and Water Resources Conservation.
Subtitle G--Funding and Administration
Sec. 2601. Funding.
Sec. 2602. Technical assistance.
Sec. 2603. Regional equity.
Sec. 2604. Reservation of funds to provide assistance to certain farmers
or ranchers for conservation access.
Sec. 2605. Annual report on program enrollments and assistance.
Sec. 2606. Administrative requirements applicable to all conservation
programs.
Sec. 2607. Standards for State technical committees.
Sec. 2608. Rulemaking authority.
Sec. 2609. Wetlands mitigation.
Sec. 2610. Lesser prairie-chicken conservation report.
Sec. 2611. Highly erodible land and wetland conservation for crop
insurance.
Subtitle H--Repeal of Superseded Program Authorities and Transitional
Provisions; Technical Amendments
Sec. 2701. Comprehensive conservation enhancement program.
Sec. 2702. Emergency forestry conservation reserve program.
Sec. 2703. Wetlands reserve program.
Sec. 2704. Farmland protection program and farm viability program.
Sec. 2705. Grassland reserve program.
Sec. 2706. Agricultural water enhancement program.
Sec. 2707. Wildlife habitat incentive program.
Sec. 2708. Great Lakes basin program.
Sec. 2709. Chesapeake Bay watershed program.
Sec. 2710. Cooperative conservation partnership initiative.
Sec. 2711. Environmental easement program.
Sec. 2712. Temporary administration of conservation programs.
Sec. 2713. Technical amendments.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3001. General authority.
Sec. 3002. Set-aside for support for organizations through which
nonemergency assistance is provided.
Sec. 3003. Food aid quality.
Sec. 3004. Minimum levels of assistance.
Sec. 3005. Food Aid Consultative Group.
Sec. 3006. Oversight, monitoring, and evaluation.
Sec. 3007. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3008. Impact on local farmers and economy and report on use of
funds.
Sec. 3009. Prepositioning of agricultural commodities.
Sec. 3010. Annual report regarding food aid programs and activities.
Sec. 3011. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3012. Minimum level of nonemergency food assistance.
Sec. 3013. Micronutrient fortification programs.
Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Sec. 3015. Coordination of foreign assistance programs report.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3101. Export credit guarantee program.
Sec. 3102. Funding for market access program.
[[Page 128 STAT. 652]]
Sec. 3103. Foreign market development cooperator program.
Subtitle C--Other Agricultural Trade Laws
Sec. 3201. Food for Progress Act of 1985.
Sec. 3202. Bill Emerson Humanitarian Trust Act.
Sec. 3203. Promotion of agricultural exports to emerging markets.
Sec. 3204. McGovern-Dole International Food for Education and Child
Nutrition Program.
Sec. 3205. Technical assistance for specialty crops.
Sec. 3206. Global Crop Diversity Trust.
Sec. 3207. Local and regional food aid procurement projects.
Sec. 3208. Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Preventing payment of cash to recipients of supplemental
nutrition assistance benefits for the return of empty bottles
and cans used to contain food purchased with benefits
provided under the program.
Sec. 4002. Retail food stores.
Sec. 4003. Enhancing services to elderly and disabled supplemental
nutrition assistance program participants.
Sec. 4004. Food distribution program on Indian reservations.
Sec. 4005. Exclusion of medical marijuana from excess medical expense
deduction.
Sec. 4006. Standard utility allowances based on the receipt of energy
assistance payments.
Sec. 4007. Eligibility disqualifications.
Sec. 4008. Eligibility disqualifications for certain convicted felons.
Sec. 4009. Ending supplemental nutrition assistance program benefits for
lottery or gambling winners.
Sec. 4010. Improving security of food assistance.
Sec. 4011. Technology modernization for retail food stores.
Sec. 4012. Use of benefits for purchase of community-supported
agriculture share.
Sec. 4013. Improved wage verification using the National Directory of
New Hires.
Sec. 4014. Restaurant meals program.
Sec. 4015. Mandating State immigration verification.
Sec. 4016. Data exchange standardization for improved interoperability.
Sec. 4017. Pilot projects to improve Federal-State cooperation in
identifying and reducing fraud in the supplemental nutrition
assistance program.
Sec. 4018. Prohibiting government-sponsored recruitment activities.
Sec. 4019. Tolerance level for excluding small errors.
Sec. 4020. Quality control standards.
Sec. 4021. Performance bonus payments.
Sec. 4022. Pilot projects to reduce dependency and increase work
requirements and work effort under supplemental nutrition
assistance program.
Sec. 4023. Cooperation with program research and evaluation.
Sec. 4024. Authorization of appropriations.
Sec. 4025. Review, report, and regulation of cash nutrition assistance
program benefits provided in Puerto Rico.
Sec. 4026. Assistance for community food projects.
Sec. 4027. Emergency food assistance.
Sec. 4028. Nutrition education.
Sec. 4029. Retail food store and recipient trafficking.
Sec. 4030. Technical and conforming amendments.
Sec. 4031. Commonwealth of the Northern Mariana Islands pilot program.
Sec. 4032. Annual State report on verification of SNAP participation.
Sec. 4033. Service of traditional foods in public facilities.
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.
Sec. 4104. Processing of commodities.
Subtitle C--Miscellaneous
Sec. 4201. Purchase of fresh fruits and vegetables for distribution to
schools and service institutions.
Sec. 4202. Pilot project for procurement of unprocessed fruits and
vegetables.
Sec. 4203. Seniors farmers' market nutrition program.
Sec. 4204. Dietary Guidelines for Americans.
[[Page 128 STAT. 653]]
Sec. 4205. Multiagency task force.
Sec. 4206. Healthy Food Financing Initiative.
Sec. 4207. Purchase of Halal and Kosher food for emergency food
assistance program.
Sec. 4208. Food insecurity nutrition incentive.
Sec. 4209. Food and agriculture service learning program.
Sec. 4210. Nutrition information and awareness pilot program.
Sec. 4211. Termination of existing agreement.
Sec. 4212. Review of sole-source contracts in Federal nutrition
programs.
Sec. 4213. Pulse crop products.
Sec. 4214. Pilot project for canned, frozen, or dried fruits and
vegetables.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5001. Eligibility for farm ownership loans.
Sec. 5002. Conservation loan and loan guarantee program.
Sec. 5003. Joint financing arrangements.
Sec. 5004. Elimination of mineral rights appraisal requirement.
Sec. 5005. Down payment loan program.
Subtitle B--Operating Loans
Sec. 5101. Eligibility for farm operating loans.
Sec. 5102. Elimination of rural residency requirement for operating
loans to youth.
Sec. 5103. Defaults by youth loan borrowers.
Sec. 5104. Term limits on direct operating loans.
Sec. 5105. Valuation of local or regional crops.
Sec. 5106. Microloans.
Sec. 5107. Term limits on guaranteed operating loans.
Subtitle C--Emergency Loans
Sec. 5201. Eligibility for emergency loans.
Subtitle D--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Farmer loan pilot projects.
Sec. 5303. Definition of qualified beginning farmer or rancher.
Sec. 5304. Loan authorization levels.
Sec. 5305. Loan fund set-asides.
Sec. 5306. Borrower training.
Subtitle E--Miscellaneous
Sec. 5401. State agricultural mediation programs.
Sec. 5402. Loans to purchasers of highly fractionated land.
Sec. 5403. Removal of duplicative appraisals.
Sec. 5404. Compensation disclosure by Farm Credit System institutions.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
Sec. 6001. Water, waste disposal, and wastewater facility grants.
Sec. 6002. Elimination of reservation of community facilities grant
program funds.
Sec. 6003. Rural water and wastewater circuit rider program.
Sec. 6004. Use of loan guarantees for community facilities.
Sec. 6005. Tribal college and university essential community facilities.
Sec. 6006. Essential community facilities technical assistance and
training.
Sec. 6007. Emergency and imminent community water assistance grant
program.
Sec. 6008. Water systems for rural and native villages in Alaska.
Sec. 6009. Household water well systems.
Sec. 6010. Rural business and industry loan program.
Sec. 6011. Solid waste management grants.
Sec. 6012. Rural business development grants.
Sec. 6013. Rural cooperative development grants.
Sec. 6014. Locally or regionally produced agricultural food products.
Sec. 6015. Appropriate technology transfer for rural areas program.
Sec. 6016. Rural economic area partnership zones.
Sec. 6017. Intermediary relending program.
Sec. 6018. Rural college coordinated strategy.
Sec. 6019. Rural water and waste disposal infrastructure.
Sec. 6020. Simplified applications.
[[Page 128 STAT. 654]]
Sec. 6021. National Rural Development Partnership.
Sec. 6022. Grants for NOAA weather radio transmitters.
Sec. 6023. Rural microentrepreneur assistance program.
Sec. 6024. Health care services.
Sec. 6025. Strategic economic and community development.
Sec. 6026. Delta Regional Authority.
Sec. 6027. Northern Great Plains Regional Authority.
Sec. 6028. Rural business investment program.
Subtitle B--Rural Electrification Act of 1936
Sec. 6101. Fees for certain loan guarantees.
Sec. 6102. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6103. Expansion of 911 access.
Sec. 6104. Access to broadband telecommunications services in rural
areas.
Sec. 6105. Rural Gigabit Network Pilot Program.
Subtitle C--Miscellaneous
Sec. 6201. Distance learning and telemedicine.
Sec. 6202. Agricultural transportation.
Sec. 6203. Value-added agricultural product market development grants.
Sec. 6204. Agriculture innovation center demonstration program.
Sec. 6205. Rural energy savings program.
Sec. 6206. Study of rural transportation issues.
Sec. 6207. Regional economic and infrastructure development.
Sec. 6208. Definition of rural area for purposes of the Housing Act of
1949.
Sec. 6209. Program metrics.
Sec. 6210. Funding of pending rural development loan and grant
applications.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Option to be included as non-land-grant college of
agriculture.
Sec. 7102. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7103. Specialty crop committee.
Sec. 7104. Veterinary services grant program.
Sec. 7105. Grants and fellowships for food and agriculture sciences
education.
Sec. 7106. Agricultural and food policy research centers.
Sec. 7107. Education grants to Alaska Native serving institutions and
Native Hawaiian serving institutions.
Sec. 7108. Repeal of human nutrition intervention and health promotion
research program.
Sec. 7109. Repeal of pilot research program to combine medical and
agricultural research.
Sec. 7110. Nutrition education program.
Sec. 7111. Continuing animal health and disease research programs.
Sec. 7112. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee University.
Sec. 7113. Grants to upgrade agriculture and food science facilities and
equipment at insular area land-grant institutions.
Sec. 7114. Repeal of national research and training virtual centers.
Sec. 7115. Hispanic-serving institutions.
Sec. 7116. Competitive Grants Program for Hispanic Agricultural Workers
and Youth.
Sec. 7117. Competitive grants for international agricultural science and
education programs.
Sec. 7118. Repeal of research equipment grants.
Sec. 7119. University research.
Sec. 7120. Extension service.
Sec. 7121. Auditing, reporting, bookkeeping, and administrative
requirements.
Sec. 7122. Supplemental and alternative crops.
Sec. 7123. Capacity building grants for NLGCA institutions.
Sec. 7124. Aquaculture assistance programs.
Sec. 7125. Rangeland research programs.
Sec. 7126. Special authorization for biosecurity planning and response.
Sec. 7127. Distance education and resident instruction grants program
for insular area institutions of higher education.
Sec. 7128. Matching funds requirement.
Sec. 7129. Designation of Central State University as 1890 institution.
[[Page 128 STAT. 655]]
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. Repeal of rural electronic commerce extension program.
Sec. 7208. Agricultural Genome Initiative.
Sec. 7209. High-priority research and extension initiatives.
Sec. 7210. Repeal of nutrient management research and extension
initiative.
Sec. 7211. Organic agriculture research and extension initiative.
Sec. 7212. Repeal of agricultural bioenergy feedstock and energy
efficiency research and extension initiative.
Sec. 7213. Farm business management.
Sec. 7214. Centers of excellence.
Sec. 7215. Repeal of red meat safety research center.
Sec. 7216. Assistive technology program for farmers with disabilities.
Sec. 7217. National rural information center clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7301. Relevance and merit of agricultural research, extension, and
education funded by the Department.
Sec. 7302. Integrated research, education, and extension competitive
grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium graminearum or by Tilletia
indica.
Sec. 7304. Repeal of Bovine Johne's disease control program.
Sec. 7305. Grants for youth organizations.
Sec. 7306. Specialty crop research initiative.
Sec. 7307. [H7308] Food animal residue avoidance database program.
Sec. 7308. Repeal of national swine research center.
Sec. 7309. Office of pest management policy.
Sec. 7310. Forestry products advanced utilization research.
Sec. 7311. Repeal of studies of agricultural research, extension, and
education.
Subtitle D--Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Competitive, Special, and Facilities Research Grant Act.
Sec. 7405. Renewable Resources Extension Act of 1978.
Sec. 7406. National Aquaculture Act of 1980.
Sec. 7407. Repeal of use of remote sensing data.
Sec. 7408. Repeal of reports under Farm Security and Rural Investment
Act of 2002.
Sec. 7409. Beginning farmer and rancher development program.
Sec. 7410. National Agricultural Research, Extension, and Teaching
Policy Act Amendments of 1985.
Subtitle E--Food, Conservation, and Energy Act of 2008
Part I--Agricultural Security
Sec. 7501. Agricultural biosecurity communication center.
Sec. 7502. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 7503. Research and development of agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
Part II--Miscellaneous Provisions
Sec. 7511. Enhanced use lease authority pilot program.
Sec. 7512. Grazinglands research laboratory.
Sec. 7513. Budget submission and funding.
Sec. 7514. Repeal of seed distribution.
Sec. 7515. Natural products research program.
Sec. 7516. Sun grant program.
Sec. 7517. Repeal of study and report on food deserts.
Sec. 7518. Repeal of agricultural and rural transportation research and
education.
Subtitle F--Miscellaneous Provisions
Sec. 7601. Foundation for Food and Agriculture Research.
[[Page 128 STAT. 656]]
Sec. 7602. Concessions and agreements with nonprofit organizations for
National Arboretum.
Sec. 7603. Agricultural and food law research, legal tools, and
information.
Sec. 7604. Cotton Disease Research Report.
Sec. 7605. Miscellaneous technical corrections.
Sec. 7606. Legitimacy of industrial hemp research.
TITLE VIII--FORESTRY
Subtitle A--Repeal of Certain Forestry Programs
Sec. 8001. Forest land enhancement program.
Sec. 8002. Watershed forestry assistance program.
Sec. 8003. Expired cooperative national forest products marketing
program.
Sec. 8004. Hispanic-serving institution agricultural land national
resources leadership program.
Sec. 8005. Tribal watershed forestry assistance program.
Sec. 8006. Separate Forest Service decisionmaking and appeals process.
Subtitle B--Reauthorization of Cooperative Forestry Assistance Act of
1978 Programs
Sec. 8101. State-wide assessment and strategies for forest resources.
Subtitle C--Reauthorization of Other Forestry-Related Laws
Sec. 8201. Rural revitalization technologies.
Sec. 8202. Office of International Forestry.
Sec. 8203. Healthy forests reserve program.
Sec. 8204. Insect and disease infestation.
Sec. 8205. Stewardship end result contracting projects.
Sec. 8206. Good neighbor authority.
Subtitle D--Miscellaneous Provisions
Sec. 8301. Revision of strategic plan for forest inventory and analysis.
Sec. 8302. Forest service participation in ACES program.
Sec. 8303. Extension of stewardship contracts authority regarding use of
designation by prescription to all thinning sales under
National Forest Management Act of 1976.
Sec. 8304. Reimbursement of fire funds.
Sec. 8305. Forest Service large airtanker and aerial asset firefighting
recapitalization pilot program.
Sec. 8306. Land conveyance, Jefferson National Forest in Wise County,
Virginia.
TITLE IX--ENERGY
Sec. 9001. Definitions.
Sec. 9002. Biobased markets program.
Sec. 9003. Biorefinery assistance.
Sec. 9004. Repowering assistance program.
Sec. 9005. Bioenergy program for advanced biofuels.
Sec. 9006. Biodiesel fuel education program.
Sec. 9007. Rural Energy for America Program.
Sec. 9008. Biomass research and development.
Sec. 9009. Feedstock Flexibility Program for Bioenergy Producers.
Sec. 9010. Biomass Crop Assistance Program.
Sec. 9011. Repeal of forest biomass for energy.
Sec. 9012. Community wood energy program.
Sec. 9013. Repeal of biofuels infrastructure study.
Sec. 9014. Repeal of renewable fertilizer study.
Sec. 9015. Energy efficiency report for USDA facilities.
TITLE X--HORTICULTURE
Sec. 10001. Specialty crops market news allocation.
Sec. 10002. Repeal of grant program to improve movement of specialty
crops.
Sec. 10003. Farmers' market and local food promotion program.
Sec. 10004. Organic agriculture.
Sec. 10005. Investigations and enforcement of the Organic Foods
Production Act of 1990.
Sec. 10006. Food safety education initiatives.
Sec. 10007. Consolidation of plant pest and disease management and
disaster prevention programs.
Sec. 10008. Importation of seed.
Sec. 10009. Bulk shipments of apples to Canada.
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Sec. 10010. Specialty crop block grants.
Sec. 10011. Department of Agriculture consultation regarding enforcement
of certain labor law provisions.
Sec. 10012. Report on honey.
Sec. 10013. Reports to Congress.
Sec. 10014. Stay of regulations.
Sec. 10015. Regulation of sulfuryl fluoride.
Sec. 10016. Local food production and program evaluation.
Sec. 10017. Clarification of use of funds for technical assistance.
TITLE XI--CROP INSURANCE
Sec. 11001. Information sharing.
Sec. 11002. Publication of information on violations of prohibition on
premium adjustments.
Sec. 11003. Supplemental coverage option.
Sec. 11004. Crop margin coverage option.
Sec. 11005. Premium amounts for catastrophic risk protection.
Sec. 11006. Permanent enterprise unit subsidy.
Sec. 11007. Enterprise units for irrigated and nonirrigated crops.
Sec. 11008. Data collection.
Sec. 11009. Adjustment in actual production history to establish
insurable yields.
Sec. 11010. Submission of policies and Board review and approval.
Sec. 11011. Consultation.
Sec. 11012. Budget limitations on renegotiation of the standard
reinsurance agreement.
Sec. 11013. Test weight for corn.
Sec. 11014. Crop production on native sod.
Sec. 11015. Coverage levels by practice.
Sec. 11016. Beginning farmer and rancher provisions.
Sec. 11017. Stacked income protection plan for producers of upland
cotton.
Sec. 11018. Peanut revenue crop insurance.
Sec. 11019. Authority to correct errors.
Sec. 11020. Implementation.
Sec. 11021. Crop insurance fraud.
Sec. 11022. Research and development priorities.
Sec. 11023. Crop insurance for organic crops.
Sec. 11024. Program compliance partnerships.
Sec. 11025. Pilot programs.
Sec. 11026. Index-based weather insurance pilot program.
Sec. 11027. Enhancing producer self-help through farm financial
benchmarking.
Sec. 11028. Technical amendments.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. Trichinae certification program.
Sec. 12102. Sheep production and marketing grant program.
Sec. 12103. National Aquatic Animal Health Plan.
Sec. 12104. Country of origin labeling.
Sec. 12105. National animal health laboratory network.
Sec. 12106. Food safety inspection.
Sec. 12107. National Poultry Improvement Plan.
Sec. 12108. Sense of Congress regarding feral swine eradication.
Subtitle B--Socially Disadvantaged Producers and Limited Resource
Producers
Sec. 12201. Outreach and assistance for socially disadvantaged farmers
and ranchers and veteran farmers and ranchers.
Sec. 12202. Office of Advocacy and Outreach.
Sec. 12203. Socially Disadvantaged Farmers and Ranchers Policy Research
Center.
Sec. 12204. Receipt for service or denial of service from certain
department of agriculture agencies.
Subtitle C--Other Miscellaneous Provisions
Sec. 12301. Grants to improve supply, stability, safety, and training of
agricultural labor force.
Sec. 12302. Program benefit eligibility status for participants in high
plains water study.
Sec. 12303. Office of Tribal Relations.
Sec. 12304. Military Veterans Agricultural Liaison.
Sec. 12305. Noninsured crop assistance program.
Sec. 12306. Acer access and development program.
[[Page 128 STAT. 658]]
Sec. 12307. Science Advisory Board.
Sec. 12308. Amendments to Animal Welfare Act.
Sec. 12309. Produce represented as grown in the United States when it is
not in fact grown in the United States.
Sec. 12310. Report on water sharing.
Sec. 12311. Scientific and economic analysis of the FDA Food Safety
Modernization Act.
Sec. 12312. Payment in lieu of taxes.
Sec. 12313. Silvicultural activities.
Sec. 12314. Pima agriculture cotton trust fund.
Sec. 12315. Agriculture Wool Apparel Manufacturers Trust Fund.
Sec. 12316. Wool research and promotion.
Subtitle D--Oilheat Efficiency, Renewable Fuel Research and Jobs
Training
Sec. 12401. Short title.
Sec. 12402. Findings and purposes.
Sec. 12403. Definitions.
Sec. 12404. Membership.
Sec. 12405. Functions.
Sec. 12406. Assessments.
Sec. 12407. Market survey and consumer protection.
Sec. 12408. Lobbying restrictions.
Sec. 12409. Noncompliance.
Sec. 12410. Sunset.
SEC. 2. <<NOTE: 7 USC 9001.>> DEFINITION OF SECRETARY OF
AGRICULTURE.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Repeals and Reforms
PART I--REPEALS
SEC. 1101. REPEAL OF DIRECT PAYMENTS.
Sections 1103 and 1303 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8713, 8753) are repealed.
SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS.
(a) Repeal.--Sections 1104 and 1304 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8714, 8754) are repealed.
(b) <<NOTE: 7 USC 8714 note.>> Continued Application for 2013 Crop
Year.--Sections 1104 and 1304 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8714, 8754), as in effect on the day before the date
of enactment of this Act, shall continue to apply through the 2013 crop
year with respect to all covered commodities (as defined in section 1001
of that Act (7 U.S.C. 8702)) and peanuts on a farm.
SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION PROGRAM.
(a) Repeal.--Section 1105 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8715) is repealed.
(b) <<NOTE: 7 USC 8715 note.>> Continued Application for 2013 Crop
Year.--Section 1105 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8715), as in effect on the day before the date of enactment of
this Act, shall continue to apply through the 2013 crop year with
respect to all covered commodities (as defined in section 1001 of that
Act (7 U.S.C. 8702)) and peanuts on a farm for which the irrevocable
election under section 1105 of that Act was made before the date of
enactment of this Act.
[[Page 128 STAT. 659]]
PART II--COMMODITY POLICY
SEC. 1111. <<NOTE: 7 USC 9011.>> DEFINITIONS.
In this subtitle and subtitle B:
(1) Actual crop revenue.--The term ``actual crop revenue'',
with respect to a covered commodity for a crop year, means the
amount determined by the Secretary under section 1117(b).
(2) Agriculture risk coverage.--The term ``agriculture risk
coverage'' means coverage provided under section 1117.
(3) Agriculture risk coverage guarantee.--The term
``agriculture risk coverage guarantee'', with respect to a
covered commodity for a crop year, means the amount determined
by the Secretary under section 1117(c).
(4) Base acres.--
(A) In general.--The term ``base acres'', with
respect to a covered commodity on a farm, means the
number of acres in effect under sections 1001 and 1301
of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8702, 8751), as adjusted pursuant to sections
1101, 1108, and 1302 of such Act (7 U.S.C. 8711, 8718,
8752), as in effect on September 30, 2013, subject to
any reallocation, adjustment, or reduction under section
1112 of this Act.
(B) Inclusion of generic base acres.--The term
``base acres'' includes any generic base acres planted
to a covered commodity as determined in section 1114(b).
(5) County coverage.--The term ``county coverage'' means
agriculture risk coverage selected under section 1115(b)(1) to
be obtained at the county level.
(6) Covered commodity.--The term ``covered commodity'' means
wheat, oats, and barley (including wheat, oats, and barley used
for haying and grazing), corn, grain sorghum, long grain rice,
medium grain rice, pulse crops, soybeans, other oilseeds, and
peanuts.
(7) Effective price.--The term ``effective price'', with
respect to a covered commodity for a crop year, means the price
calculated by the Secretary under section 1116(b) to determine
whether price loss coverage payments are required to be provided
for that crop year.
(8) Extra long staple cotton.--The term ``extra long staple
cotton'' means cotton that--
(A) is produced from pure strain varieties of the
Barbadense species or any hybrid of the species, or
other similar types of extra long staple cotton,
designated by the Secretary, having characteristics
needed for various end uses for which United States
upland cotton is not suitable and grown in irrigated
cotton-growing regions of the United States designated
by the Secretary or other areas designated by the
Secretary as suitable for the production of the
varieties or types; and
(B) is ginned on a roller-type gin or, if authorized
by the Secretary, ginned on another type gin for
experimental purposes.
(9) Generic base acres.--The term ``generic base acres''
means the number of base acres for cotton in effect under
section 1001 of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8702), as adjusted pursuant to section 1101
[[Page 128 STAT. 660]]
of such Act (7 U.S.C. 8711), as in effect on September 30, 2013,
subject to any adjustment or reduction under section 1112 of
this Act.
(10) Individual coverage.--The term ``individual coverage''
means agriculture risk coverage selected under section
1115(b)(2) to be obtained at the farm level.
(11) Medium grain rice.--The term ``medium grain rice''
includes short grain rice and temperate japonica rice.
(12) Other oilseed.--The term ``other oilseed'' means a crop
of sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard seed, crambe, sesame seed, or any oilseed designated by
the Secretary.
(13) Payment acres.--The term ``payment acres'', with
respect to the provision of price loss coverage payments and
agriculture risk coverage payments, means the number of acres
determined for a farm under section 1114.
(14) Payment yield.--The term ``payment yield'', for a farm
for a covered commodity--
(A) means the yield used to make payments pursuant
to section 1104 or 1304 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8714, 8754), as in effect
on September 30, 2013; or
(B) means the yield established under section 1113
of this Act.
(15) Price loss coverage.--The term ``price loss coverage''
means coverage provided under section 1116.
(16) Producer.--
(A) In general.--The term ``producer'' means an
owner, operator, landlord, tenant, or sharecropper that
shares in the risk of producing a crop and is entitled
to share in the crop available for marketing from the
farm, or would have shared had the crop been produced.
(B) Hybrid seed.--In determining whether a grower of
hybrid seed is a producer, the Secretary shall--
(i) not take into consideration the existence
of a hybrid seed contract; and
(ii) ensure that program requirements do not
adversely affect the ability of the grower to
receive a payment under this title.
(17) Pulse crop.--The term ``pulse crop'' means dry peas,
lentils, small chickpeas, and large chickpeas.
(18) Reference price.--The term ``reference price'', with
respect to a covered commodity for a crop year, means the
following:
(A) For wheat, $5.50 per bushel.
(B) For corn, $3.70 per bushel.
(C) For grain sorghum, $3.95 per bushel.
(D) For barley, $4.95 per bushel.
(E) For oats, $2.40 per bushel.
(F) For long grain rice, $14.00 per hundredweight.
(G) For medium grain rice, $14.00 per hundredweight.
(H) For soybeans, $8.40 per bushel.
(I) For other oilseeds, $20.15 per hundredweight.
(J) For peanuts, $535.00 per ton.
(K) For dry peas, $11.00 per hundredweight.
(L) For lentils, $19.97 per hundredweight.
(M) For small chickpeas, $19.04 per hundredweight.
[[Page 128 STAT. 661]]
(N) For large chickpeas, $21.54 per hundredweight.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(20) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(21) Temperate japonica rice.--The term ``temperate japonica
rice'' means rice that is grown in high altitudes or temperate
regions of high latitudes with cooler climate conditions, in the
Western United States, as determined by the Secretary, for the
purpose of--
(A) the reallocation of base acres under section
1112;
(B) the establishment of a reference price (as
required under section 1116(g)) and an effective price
pursuant to section 1116; and
(C) the determination of the actual crop revenue and
agriculture risk coverage guarantee pursuant to section
1117.
(22) Transitional yield.--The term ``transitional yield''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(23) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
(24) United states premium factor.--The term ``United States
Premium Factor'' means the percentage by which the difference in
the United States loan schedule premiums for Strict Middling
(SM) 1\1/8\-inch upland cotton and for Middling (M) 1\3/32\-inch
upland cotton exceeds the difference in the applicable premiums
for comparable international qualities.
SEC. 1112. <<NOTE: 7 USC 9012.>> BASE ACRES.
(a) Retention or 1-time Reallocation of Base Acres.--
(1) Election required.--
(A) Notice of election opportunity.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall provide notice to the owners of a farm
regarding their opportunity to make an election, in the
manner provided in this subsection--
(i) to retain base acres, including any
generic base acres, as provided in paragraph (2);
or
(ii) in lieu of retaining base acres, to
reallocate base acres, other than any generic base
acres, as provided in paragraph (3).
(B) Content of notice.--The notice under
subparagraph (A) shall include the following:
(i) Information that the opportunity of an
owner to make the election is being provided only
once.
(ii) Information regarding the manner in which
the owner must make the election and the manner of
notifying the Secretary of the election.
(iii) Information regarding the deadline
before which the owner must notify the Secretary
of the election to be in effect beginning with the
2014 crop year.
[[Page 128 STAT. 662]]
(C) Effect of failure to make election.--If the
owner of a farm fails to make the election under this
subsection, or fails to timely notify the Secretary of
the election as required by subparagraph (B)(iii), the
owner shall be deemed to have elected to retain base
acres, including generic base acres, as provided in
paragraph (2).
(2) Retention of base acres.--
(A) Election to retain.--For the purpose of applying
this part to a covered commodity, the Secretary shall
give an owner of a farm an opportunity to elect to
retain all of the base acres for each covered commodity
on the farm.
(B) Treatment of generic base acres.--Generic base
acres are automatically retained.
(3) Reallocation of base acres.--
(A) Election to reallocate.--For the purpose of
applying this part to covered commodities, the Secretary
shall give an owner of a farm an opportunity to elect to
reallocate all of the base acres for covered commodities
on the farm, as in effect on September 30, 2013, among
those covered commodities planted on the farm at any
time during the 2009 through 2012 crop years.
(B) Reallocation formula.--The reallocation of base
acres among covered commodities on a farm shall be in
proportion to the ratio of--
(i) the 4-year average of--
(I) the acreage planted on the farm
to each covered commodity for harvest,
grazing, haying, silage, or other
similar purposes for the 2009 through
2012 crop years; and
(II) any acreage on the farm that
the producers were prevented from
planting during the 2009 through 2012
crop years to that covered commodity
because of drought, flood, or other
natural disaster, or other condition
beyond the control of the producers, as
determined by the Secretary; to
(ii) the 4-year average of--
(I) the acreage planted on the farm
to all covered commodities for harvest,
grazing, haying, silage, or other
similar purposes for such crop years;
and
(II) any acreage on the farm that
the producers were prevented from
planting during such crop years to
covered commodities because of drought,
flood, or other natural disaster, or
other condition beyond the control of
the producers, as determined by the
Secretary.
(C) Treatment of generic base acres.--Generic base
acres are retained and may not be reallocated under this
paragraph.
(D) Inclusion of all 4 years in average.--For the
purpose of determining a 4-year acreage average under
subparagraph (B) for a farm, the Secretary shall not
exclude any crop year in which a covered commodity was
not planted.
[[Page 128 STAT. 663]]
(E) Treatment of multiple planting or prevented
planting.--For the purpose of determining under
subparagraph (B) the acreage on a farm that producers
planted or were prevented from planting during the 2009
through 2012 crop years to covered commodities, if the
acreage that was planted or prevented from being planted
was devoted to another covered commodity in the same
crop year (other than a covered commodity produced under
an established practice of double cropping), the owner
may elect the commodity to be used for that crop year in
determining the 4-year average, but may not include both
the initial commodity and the subsequent commodity.
(F) Limitation.--The reallocation of base acres
among covered commodities on a farm under this paragraph
may not result in a total number of base acres
(including generic base acres) for the farm in excess of
the number of base acres in effect for the farm on
September 30, 2013.
(4) Application of election to all covered commodities.--The
election made under this subsection, or deemed to be made under
paragraph (1)(C), with respect to a farm shall apply to all of
the covered commodities on the farm.
(b) Adjustment of Base Acres.--
(1) In general.--Notwithstanding the election made under
subsection (a), the Secretary shall provide for an adjustment,
as appropriate, in the base acres for covered commodities for a
farm and any generic base acres for the farm whenever any of the
following circumstances occur:
(A) A conservation reserve contract entered into
under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) with respect to the farm expires or is
voluntarily terminated.
(B) Cropland is released from coverage under a
conservation reserve contract by the Secretary.
(C) The producer has eligible oilseed acreage as the
result of the Secretary designating additional oilseeds,
which shall be determined in the same manner as eligible
oilseed acreage under section 1101(a)(1)(D) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C.
8711(a)(1)(D)).
(2) Special conservation reserve acreage payment rules.--For
the crop year in which a base acres adjustment under
subparagraph (A) or (B) of paragraph (1) is first made, the
owner of the farm shall elect to receive price loss coverage or
agriculture risk coverage with respect to the acreage added to
the farm under this subsection or a prorated payment under the
conservation reserve contract, but not both.
(c) Prevention of Excess Base Acres.--
(1) Required reduction.--Notwithstanding the election made
under subsection (a), if the sum of the base acres for a farm,
including generic base acres, and the acreage described in
paragraph (2) exceeds the actual cropland acreage of the farm,
the Secretary shall reduce the base acres for 1 or more covered
commodities or generic base acres for the farm so that the sum
of the base acres, including generic base acres, and the acreage
described in paragraph (2) does not exceed the actual cropland
acreage of the farm.
[[Page 128 STAT. 664]]
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve program
(or successor programs) under chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C.
3830 et seq.).
(B) Any other acreage on the farm enrolled in a
Federal conservation program for which payments are made
in exchange for not producing an agricultural commodity
on the acreage.
(C) If the Secretary designates additional oilseeds,
any eligible oilseed acreage, which shall be determined
in the same manner as eligible oilseed acreage under
subsection (b)(1)(C).
(3) Selection of acres.--The Secretary shall give the owner
of the farm the opportunity to select the base acres for a
covered commodity or generic base acres for the farm against
which the reduction required by paragraph (1) will be made.
(4) Exception for double-cropped acreage.--In applying
paragraph (1), the Secretary shall make an exception in the case
of double cropping, as determined by the Secretary.
(d) Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at
any time, the base acres for any covered commodity or
generic base acres for the farm.
(B) Effect of reduction.--A reduction under
subparagraph (A) shall be permanent and made in a manner
prescribed by the Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall proportionately
reduce base acres, including any generic base acres, on
a farm for land that has been subdivided and developed
for multiple residential units or other nonfarming uses
if the size of the tracts and the density of the
subdivision is such that the land is unlikely to return
to the previous agricultural use, unless the producers
on the farm demonstrate that the land--
(i) remains devoted to commercial agricultural
production; or
(ii) is likely to be returned to the previous
agricultural use.
(B) Requirement.--The Secretary shall establish
procedures to identify land described in subparagraph
(A).
SEC. 1113. <<NOTE: 7 USC 9013.>> PAYMENT YIELDS.
(a) Establishment and Purpose.--For the purpose of making price loss
coverage payments under section 1116, the Secretary shall provide for
the establishment of a yield for each farm for any designated oilseed
for which a payment yield was not established under section 1102 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712) in accordance
with this section.
(b) Payment Yields for Designated Oilseeds.--
(1) Determination of average yield.--In the case of
designated oilseeds, the Secretary shall determine the average
[[Page 128 STAT. 665]]
yield per planted acre for the designated oilseed on a farm for
the 1998 through 2001 crop years, excluding any crop year in
which the acreage planted to the designated oilseed was zero.
(2) Adjustment for payment yield.--
(A) In general.--The payment yield for a farm for a
designated oilseed shall be equal to the product of the
following:
(i) The average yield for the designated
oilseed determined under paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated oilseed
for the 1981 through 1985 crops by the national
average yield for the designated oilseed for the
1998 through 2001 crops.
(B) No national average yield information
available.--To the extent that national average yield
information for a designated oilseed is not available,
the Secretary shall use such information as the
Secretary determines to be fair and equitable to
establish a national average yield under this section.
(3) Use of county average yield.--If the yield per planted
acre for a crop of a designated oilseed for a farm for any of
the 1998 through 2001 crop years was less than 75 percent of the
county yield for that designated oilseed, the Secretary shall
assign a yield for that crop year equal to 75 percent of the
county yield for the purpose of determining the average under
paragraph (1).
(c) Effect of Lack of Payment Yield.--
(1) Establishment by secretary.--In the case of a covered
commodity on a farm for which base acres have been established
or that is planted on generic base acres, if no payment yield is
otherwise established for the covered commodity on the farm, the
Secretary shall establish an appropriate payment yield for the
covered commodity on the farm under paragraph (2).
(2) Use of similarly situated farms.--To establish an
appropriate payment yield for a covered commodity on a farm as
required by paragraph (1), the Secretary shall take into
consideration the farm program payment yields applicable to that
covered commodity for similarly situated farms. The use of such
data in an appeal, by the Secretary or by the producer, shall
not be subject to any other provision of law.
(d) Single Opportunity To Update Yields Used To Determine Price Loss
Coverage Payments.--
(1) Election to update.--At the sole discretion of the owner
of a farm, the owner of a farm shall have a 1-time opportunity
to update, on a covered commodity-by-covered-commodity basis,
the payment yield that would otherwise be used in calculating
any price loss coverage payment for each covered commodity on
the farm for which the election is made.
(2) Time for election.--The election under paragraph (1)
shall be made at a time and manner to be in effect beginning
with the 2014 crop year as determined by the Secretary.
(3) Method of updating yields.--If the owner of a farm
elects to update yields under this subsection, the payment yield
for a covered commodity on the farm, for the purpose of
calculating price loss coverage payments only, shall be equal to
90 percent of the average of the yield per planted acre
[[Page 128 STAT. 666]]
for the crop of the covered commodity on the farm for the 2008
through 2012 crop years, as determined by the Secretary,
excluding any crop year in which the acreage planted to the crop
of the covered commodity was zero.
(4) Use of county average yield.--If the yield per planted
acre for a crop of the covered commodity for a farm for any of
the 2008 through 2012 crop years was less than 75 percent of the
average of the 2008 through 2012 county yield for that
commodity, the Secretary shall assign a yield for that crop year
equal to 75 percent of the average of the 2008 through 2012
county yield for the purposes of determining the average yield
under paragraph (3).
SEC. 1114. <<NOTE: 7 USC 9014.>> PAYMENT ACRES.
(a) Determination of Payment Acres.--
(1) General rule.--For the purpose of price loss coverage
and agriculture risk coverage when county coverage has been
selected under section 1115(b)(1), but subject to subsection
(e), the payment acres for each covered commodity on a farm
shall be equal to 85 percent of the base acres for the covered
commodity on the farm.
(2) Effect of individual coverage.--In the case of
agriculture risk coverage when individual coverage has been
selected under section 1115(b)(2), but subject to subsection
(e), the payment acres for a farm shall be equal to 65 percent
of the base acres for all of the covered commodities on the
farm.
(b) Treatment of Generic Base Acres.--
(1) In general.--In the case of generic base acres, price
loss coverage payments and agriculture risk coverage payments
are made only with respect to generic base acres planted to a
covered commodity for the crop year.
(2) Attribution.--With respect to a farm containing generic
base acres, for the purpose of applying paragraphs (1)(B) and
(2)(B) of subsection (a), generic base acres on the farm are
attributed to a covered commodity in the following manner:
(A) If a single covered commodity is planted and the
total acreage planted exceeds the generic base acres on
the farm, the generic base acres are attributed to that
covered commodity in an amount equal to the total number
of generic base acres.
(B) If multiple covered commodities are planted and
the total number of acres planted to all covered
commodities on the farm exceeds the generic base acres
on the farm, the generic base acres are attributed to
each of the covered commodities on the farm on a pro
rata basis to reflect the ratio of--
(i) the acreage planted to a covered commodity
on the farm; to
(ii) the total acreage planted to all covered
commodities on the farm.
(C) If the total number of acres planted to all
covered commodities on the farm does not exceed the
generic base acres on the farm, the number of acres
planted to a covered commodity is attributed to that
covered commodity.
[[Page 128 STAT. 667]]
(3) Treated as additional acreage.--When generic base acres
are planted to a covered commodity or acreage planted to a
covered commodity is attributed to generic base acres, the
generic base acres are in addition to other base acres on the
farm.
(c) Exclusion.--The quantity of payment acres determined under
subsection (a) may not include any crop subsequently planted during the
same crop year on the same land for which the first crop is eligible for
price loss coverage payments or agriculture risk coverage payments,
unless the crop was approved for double cropping in the county, as
determined by the Secretary.
(d) Effect of Minimal Payment Acres.--
(1) Prohibition on payments.--Notwithstanding any other
provision of this title, a producer on a farm may not receive
price loss coverage payments or agriculture risk coverage
payments if the sum of the base acres on the farm is 10 acres or
less, as determined by the Secretary.
(2) Exceptions.--Paragraph (1) does not apply to a producer
that is--
(A) a socially disadvantaged farmer or rancher (as
defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))); or
(B) a limited resource farmer or rancher, as defined
by the Secretary.
(e) Effect of Planting Fruits and Vegetables.--
(1) Reduction required.--In the manner provided in this
subsection, payment acres on a farm shall be reduced in any crop
year in which fruits, vegetables (other than mung beans and
pulse crops), or wild rice have been planted on base acres on a
farm.
(2) Price loss coverage and county coverage.--In the case of
price loss coverage payments and agricultural risk coverage
payments using county coverage, the reduction under paragraph
(1) shall be the amount equal to the base acres planted to crops
referred to in such paragraph in excess of 15 percent of base
acres.
(3) Individual coverage.--In the case of agricultural risk
coverage payments using individual coverage, the reduction under
paragraph (1) shall be the amount equal to the base acres
planted to crops referred to in such paragraph in excess of 35
percent of base acres.
(4) Reduction exceptions.--No reduction to payment acres
shall be made under this subsection if--
(A) cover crops or crops referred to in paragraph
(1) are grown solely for conservation purposes and not
harvested for use or sale, as determined by the
Secretary; or
(B) in any region in which there is a history of
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.
SEC. 1115. <<NOTE: 7 USC 9015.>> PRODUCER ELECTION.
(a) Election Required.--For the 2014 through 2018 crop years, all of
the producers on a farm shall make a 1-time, irrevocable election to
obtain--
[[Page 128 STAT. 668]]
(1) price loss coverage under section 1116 on a covered
commodity-by-covered-commodity basis; or
(2) agriculture risk coverage under section 1117.
(b) Coverage Options.--In the election under subsection (a), the
producers on a farm that elect under paragraph (2) of such subsection to
obtain agriculture risk coverage under section 1117 shall unanimously
select whether to receive agriculture risk coverage payments based on--
(1) county coverage applicable on a covered commodity-by-
covered-commodity basis; or
(2) individual coverage applicable to all of the covered
commodities on the farm.
(c) Effect of Failure to Make Unanimous Election.--If all the
producers on a farm fail to make a unanimous election under subsection
(a) for the 2014 crop year--
(1) the Secretary shall not make any payments with respect
to the farm for the 2014 crop year under section 1116 or 1117;
and
(2) the producers on the farm shall be deemed to have
elected price loss coverage under section 1116 for all covered
commodities on the farm for the 2015 through 2018 crop years.
(d) Effect of Selection of County Coverage.--If all the producers on
a farm select county coverage for a covered commodity under subsection
(b)(1), the Secretary may not make price loss coverage payments under
section 1116 to the producers on the farm with respect to that covered
commodity.
(e) Effect of Selection of Individual Coverage.--If all the
producers on a farm select individual coverage under subsection (b)(2),
in addition to the selection and election under this section applying to
each producer on the farm, the Secretary shall consider, for purposes of
making the calculations required by subsections (b)(2) and (c)(3) of
section 1117, the producer's share of all farms in the same State--
(1) in which the producer has an interest; and
(2) for which individual coverage has been selected.
(f) Prohibition on Reconstitution.--The Secretary shall ensure that
producers on a farm do not reconstitute the farm to void or change an
election or selection made under this section.
SEC. 1116. <<NOTE: 7 USC 9016.>> PRICE LOSS COVERAGE.
(a) Price Loss Coverage Payments.--If all of the producers on a farm
make the election under subsection (a) of section 1115 to obtain price
loss coverage or, subject to subsection (c)(1) of such section, are
deemed to have made such election under subsection (c)(2) of such
section, the Secretary shall make price loss coverage payments to
producers on the farm on a covered commodity-by-covered-commodity basis
if the Secretary determines that, for any of the 2014 through 2018 crop
years--
(1) the effective price for the covered commodity for the
crop year; is less than
(2) the reference price for the covered commodity for the
crop year.
(b) Effective Price.--The effective price for a covered commodity
for a crop year shall be the higher of--
(1) the national average market price received by producers
during the 12-month marketing year for the covered commodity, as
determined by the Secretary; or
[[Page 128 STAT. 669]]
(2) the national average loan rate for a marketing
assistance loan for the covered commodity in effect for such
crop year under subtitle B.
(c) Payment Rate.--The payment rate shall be equal to the difference
between--
(1) the reference price for the covered commodity; and
(2) the effective price determined under subsection (b) for
the covered commodity.
(d) Payment Amount.--If price loss coverage payments are required to
be provided under this section for any of the 2014 through 2018 crop
years for a covered commodity, the amount of the price loss coverage
payment to be paid to the producers on a farm for the crop year shall be
equal to the product obtained by multiplying--
(1) the payment rate for the covered commodity under
subsection (c);
(2) the payment yield for the covered commodity; and
(3) the payment acres for the covered commodity.
(e) Time for Payments.--If the Secretary determines under this
section that price loss coverage payments are required to be provided
for the covered commodity, the payments shall be made beginning October
1, or as soon as practicable thereafter, after the end of the applicable
marketing year for the covered commodity.
(f) Effective Price for Barley.--In determining the effective price
for barley under subsection (b), the Secretary shall use the all-barley
price.
(g) Reference Price for Temperate Japonica Rice.--The Secretary
shall provide a reference price with respect to temperate japonica rice
in an amount equal to 115 percent of the amount established in
subparagraphs (F) and (G) of section 1111(18) in order to reflect price
premiums.
SEC. 1117. <<NOTE: 7 USC 9017.>> AGRICULTURE RISK COVERAGE.
(a) Agriculture Risk Coverage Payments.--If all of the producers on
a farm make the election under section 1115(a) to obtain agriculture
risk coverage, the Secretary shall make agriculture risk coverage
payments to producers on the farm if the Secretary determines that, for
any of the 2014 through 2018 crop years--
(1) the actual crop revenue determined under subsection (b)
for the crop year; is less than
(2) the agriculture risk coverage guarantee determined under
subsection (c) for the crop year.
(b) Actual Crop Revenue.--
(1) County coverage.--In the case of county coverage, the
amount of the actual crop revenue for a county for a crop year
of a covered commodity shall be equal to the product obtained by
multiplying--
(A) the actual average county yield per planted acre
for the covered commodity, as determined by the
Secretary; and
(B) the higher of--
(i) the national average market price received
by producers during the 12-month marketing year
for the covered commodity, as determined by the
Secretary; or
[[Page 128 STAT. 670]]
(ii) the national average loan rate for a
marketing assistance loan for the covered
commodity in effect for such crop year under
subtitle B.
(2) Individual coverage.--In the case of individual
coverage, the amount of the actual crop revenue for a producer
on a farm for a crop year shall be based on the producer's share
of all covered commodities planted on all farms for which
individual coverage has been selected and in which the producer
has an interest, to be determined by the Secretary as follows:
(A) For each covered commodity, the product obtained
by multiplying--
(i) the total production of the covered
commodity on such farms, as determined by the
Secretary; and
(ii) the higher of--
(I) the national average market
price received by producers during the
12-month marketing year, as determined
by the Secretary; or
(II) the national average loan rate
for a marketing assistance loan for the
covered commodity in effect for such
crop year under subtitle B.
(B) The sum of the amounts determined under
subparagraph (A) for all covered commodities on such
farms.
(C) The quotient obtained by dividing the amount
determined under subparagraph (B) by the total planted
acres of all covered commodities on such farms.
(c) Agriculture Risk Coverage Guarantee.--
(1) In general.--The agriculture risk coverage guarantee for
a crop year for a covered commodity shall equal 86 percent of
the benchmark revenue.
(2) Benchmark revenue for county coverage.--In the case of
county coverage, the benchmark revenue shall be the product
obtained by multiplying--
(A) subject to paragraph (4), the average historical
county yield as determined by the Secretary for the most
recent 5 crop years, excluding each of the crop years
with the highest and lowest yields; and
(B) subject to paragraph (5), the national average
market price received by producers during the 12-month
marketing year for the most recent 5 crop years,
excluding each of the crop years with the highest and
lowest prices.
(3) Benchmark revenue for individual coverage.--In the case
of individual coverage, the benchmark revenue for a producer on
a farm for a crop year shall be based on the producer's share of
all covered commodities planted on all farms for which
individual coverage has been selected and in which the producer
has an interest, to be determined by the Secretary as follows:
(A) For each covered commodity for each of the most
recent 5 crop years, the product obtained by
multiplying--
(i) subject to paragraph (4), the yield per
planted acre for the covered commodity on such
farms, as determined by the Secretary; by
(ii) subject to paragraph (5), the national
average market price received by producers during
the 12-month marketing year.
(B) For each covered commodity, the average of the
revenues determined under subparagraph (A) for the most
[[Page 128 STAT. 671]]
recent 5 crop years, excluding each of the crop years
with the highest and lowest revenues.
(C) For each of the 2014 through 2018 crop years,
the sum of the amounts determined under subparagraph (B)
for all covered commodities on such farms, but adjusted
to reflect the ratio between the total number of acres
planted on such farms to a covered commodity and the
total acres of all covered commodities planted on such
farms.
(4) Yield conditions.--If the yield per planted acre for the
covered commodity or historical county yield per planted acre
for the covered commodity for any of the 5 most recent crop
years, as determined by the Secretary, is less than 70 percent
of the transitional yield, as determined by the Secretary, the
amounts used for any of those years in paragraph (2)(A) or
(3)(A)(i) shall be 70 percent of the transitional yield.
(5) Reference price.--If the national average market price
received by producers during the 12-month marketing year for any
of the 5 most recent crop years is lower than the reference
price for the covered commodity, the Secretary shall use the
reference price for any of those years for the amounts in
paragraph (2)(B) or (3)(A)(ii).
(d) Payment Rate.--The payment rate for a covered commodity, in the
case of county coverage, or a farm, in the case of individual coverage,
shall be equal to the lesser of--
(1) the amount that--
(A) the agriculture risk coverage guarantee for the
crop year applicable under subsection (c); exceeds
(B) the actual crop revenue for the crop year
applicable under subsection (b); or
(2) 10 percent of the benchmark revenue for the crop year
applicable under subsection (c).
(e) Payment Amount.--If agriculture risk coverage payments are
required to be paid for any of the 2014 through 2018 crop years, the
amount of the agriculture risk coverage payment for the crop year shall
be determined by multiplying--
(1) the payment rate determined under subsection (d); and
(2) the payment acres determined under section 1114.
(f) Time for Payments.--If the Secretary determines that agriculture
risk coverage payments are required to be provided for the covered
commodity, payments shall be made beginning October 1, or as soon as
practicable thereafter, after the end of the applicable marketing year
for the covered commodity.
(g) Additional Duties of the Secretary.--In providing agriculture
risk coverage, the Secretary shall--
(1) to the maximum extent practicable, use all available
information and analysis, including data mining, to check for
anomalies in the determination of agriculture risk coverage
payments;
(2) to the maximum extent practicable, calculate a separate
actual crop revenue and agriculture risk coverage guarantee for
irrigated and nonirrigated covered commodities;
(3) in the case of individual coverage, assign an average
yield for a farm on the basis of the yield history of
representative farms in the State, region, or crop reporting
district, as determined by the Secretary, if the Secretary
determines that
[[Page 128 STAT. 672]]
the farm has planted acreage in a quantity that is insufficient
to calculate a representative average yield for the farm; and
(4) in the case of county coverage, assign an actual or
benchmark county yield for each planted acre for the crop year
for the covered commodity on the basis of the yield history of
representative farms in the State, region, or crop reporting
district, as determined by the Secretary, if--
(A) the Secretary cannot establish the actual or
benchmark county yield for each planted acre for a crop
year for a covered commodity in the county in accordance
with subsection (b)(1) or (c)(2); or
(B) the yield determined under subsection (b)(1) or
(c)(2) is an unrepresentative average yield for the
county, as determined by the Secretary.
SEC. 1118. <<NOTE: 7 USC 9018.>> 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.
[[Page 128 STAT. 673]]
(c) Acreage Reports.--As a condition on the receipt of any benefits
under this subtitle or subtitle B, the Secretary shall require producers
on a farm to submit to the Secretary annual acreage reports with respect
to all cropland on the farm.
(d) Production Reports.--As an additional condition on receiving
agriculture risk coverage payments for individual coverage, the
Secretary shall require a producer on a farm to submit to the Secretary
annual production reports with respect to all covered commodities
produced on all farms in the same State--
(1) in which the producer has an interest; and
(2) for which individual coverage has been selected.
(e) Effect of Inaccurate Reports.--No penalty with respect to
benefits under this subtitle or subtitle B shall be assessed against a
producer on a farm for an inaccurate acreage or production report unless
the Secretary determines that the producer on the farm knowingly and
willfully falsified the acreage or production report.
(f) Tenants and Sharecroppers.--In carrying out this subtitle, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(g) Sharing of Payments.--The Secretary shall provide for the
sharing of payments made under this subtitle among the producers on a
farm on a fair and equitable basis.
SEC. 1119. <<NOTE: 7 USC 9019.>> TRANSITION ASSISTANCE FOR
PRODUCERS OF UPLAND COTTON.
(a) Availability.--
(1) Purpose.--It is the purpose of this section to provide
transition assistance to producers of upland cotton in light of
the repeal of section 1103 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8713), the inapplicability of sections
1116 and 1117 to upland cotton, and the delayed implementation
of the Stacked Income Protection Plan required by section 508B
of the Federal Crop Insurance Act (7 U.S.C. 1508b), as added by
section 11017 of this Act.
(2) 2014 crop year.--For the 2014 crop of upland cotton, the
Secretary shall provide transition assistance, pursuant to the
terms and conditions of this section, to producers on a farm for
which cotton base acres were in existence for the 2013 crop
year.
(3) 2015 crop year.--For the 2015 crop of upland cotton, the
Secretary shall provide transition assistance, pursuant to the
terms and conditions of this section, to producers on a farm--
(A) for which cotton base acres were in existence
for the 2013 crop year; and
(B) that is located in a county in which the Stacked
Income Protection Plan required by section 508B of the
Federal Crop Insurance Act (7 U.S.C. 1508b) is not
available to producers of upland cotton for the 2015
crop year.
(b) Transition Assistance Rate.--The transition assistance rate
shall be equal to the product obtained by multiplying--
(1) the June 12, 2013, midpoint estimate for the marketing
year average price of upland cotton received by producers for
the marketing year beginning August 1, 2013, minus the December
10, 2013, midpoint estimate for the marketing year average price
of upland cotton received by producers for the
[[Page 128 STAT. 674]]
marketing year beginning August 1, 2013, as contained in the
applicable World Agricultural Supply and Demand Estimates report
published by the Department of Agriculture; and
(2) the national program yield for upland cotton of 597
pounds per acre.
(c) Calculation of Transition Assistance Amount.--The amount of
transition assistance to be provided under this section to producers on
a farm for a crop year shall be equal to the product obtained by
multiplying--
(1) for the 2014 crop year, 60 percent, and for the 2015
crop year, 36.5 percent, of the cotton base acres referred to in
subsection (a) for the farm, subject to adjustment or reduction
for conservation measures as provided in subsections (b) and (c)
of section 1112;
(2) the transition assistance rate in effect for the crop
year under subsection (b); and
(3) the payment yield for upland cotton for the farm
established for purposes of section 1103(c)(3) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8713(c)(3)),
divided by the national program yield for upland cotton of 597
pounds per acre.
(d) Time for Payment.--The Secretary may not make transition
assistance payments for a crop year under this section before October 1
of the calendar year in which the crop of upland cotton is harvested.
(e) Payment Limitations.--Sections 1001 through 1001C of the Food
Security Act of 1985 (7 U.S.C. 1308 through 1308C), as in effect on
September 30, 2013, shall apply to the receipt of transition assistance
under this section in the same manner as such sections applied to
section 1103 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8713).
Subtitle B--Marketing Loans
SEC. 1201. <<NOTE: 7 USC 9031.>> AVAILABILITY OF NONRECOURSE
MARKETING ASSISTANCE LOANS FOR LOAN
COMMODITIES.
(a) Definition of Loan Commodity.--In this subtitle, the term ``loan
commodity'' means wheat, corn, grain sorghum, barley, oats, upland
cotton, extra long staple cotton, long grain rice, medium grain rice,
peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair,
honey, dry peas, lentils, small chickpeas, and large chickpeas.
(b) Nonrecourse Loans Available.--
(1) In general.--For each of the 2014 through 2018 crops of
each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans for
loan commodities produced on the farm.
(2) Terms and conditions.--The marketing assistance loans
shall be made under terms and conditions that are prescribed by
the Secretary and at the loan rate established under section
1202 for the loan commodity.
(c) Eligible Production.--The producers on a farm shall be eligible
for a marketing assistance loan under subsection (b) for any quantity of
a loan commodity produced on the farm.
(d) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance
[[Page 128 STAT. 675]]
loan under subsection (b), the producer shall comply with applicable
conservation requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland
protection requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(e) Special Rules for Peanuts.--
(1) In general.--This subsection shall apply only to
producers of peanuts.
(2) Options for obtaining loan.--A marketing assistance loan
under this section, and loan deficiency payments under section
1205, may be obtained at the option of the producers on a farm
through--
(A) a designated marketing association or marketing
cooperative of producers that is approved by the
Secretary; or
(B) the Farm Service Agency.
(3) Storage of loan peanuts.--As a condition on the approval
by the Secretary of an individual or entity to provide storage
for peanuts for which a marketing assistance loan is made under
this section, the individual or entity shall agree--
(A) to provide the storage on a nondiscriminatory
basis; and
(B) to comply with such additional requirements as
the Secretary considers appropriate to accomplish the
purposes of this section and promote fairness in the
administration of the benefits of this section.
(4) Storage, handling, and associated costs.--
(A) In general.--To ensure proper storage of peanuts
for which a loan is made under this section, the
Secretary shall pay handling and other associated costs
(other than storage costs) incurred at the time at which
the peanuts are placed under loan, as determined by the
Secretary.
(B) Redemption and forfeiture.--The Secretary
shall--
(i) require the repayment of handling and
other associated costs paid under subparagraph (A)
for all peanuts pledged as collateral for a loan
that is redeemed under this section; and
(ii) pay storage, handling, and other
associated costs for all peanuts pledged as
collateral that are forfeited under this section.
(5) Marketing.--A marketing association or cooperative may
market peanuts for which a loan is made under this section in
any manner that conforms to consumer needs, including the
separation of peanuts by type and quality.
(6) Reimbursable agreements and payment of administrative
expenses.--The Secretary may implement any reimbursable
agreements or provide for the payment of administrative expenses
under this subsection only in a manner that is consistent with
those activities in regard to other loan commodities.
SEC. 1202. <<NOTE: 7 USC 9032.>> LOAN RATES FOR NONRECOURSE
MARKETING ASSISTANCE LOANS.
(a) In General.--For purposes of each of the 2014 through 2018 crop
years, the loan rate for a marketing assistance loan
[[Page 128 STAT. 676]]
under section 1201 for a loan commodity shall be equal to the following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.95 per bushel.
(5) In the case of oats, $1.39 per bushel.
(6) In the case of base quality of upland cotton, for each
of the 2014 through 2018 crop years, the simple average of the
adjusted prevailing world price for the 2 immediately preceding
marketing years, as determined by the Secretary and announced
October 1 preceding the next domestic plantings, but in no case
less than $0.45 per pound or more than $0.52 per pound.
(7) In the case of extra long staple cotton, $0.7977 per
pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per
hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $10.09 per hundredweight
for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per
hundredweight.
(15) In the case of large chickpeas, $11.28 per
hundredweight.
(16) In the case of graded wool, $1.15 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.69 per pound.
(20) In the case of peanuts, $355 per ton.
(b) Single County Loan Rate for Other Oilseeds.--The Secretary shall
establish a single loan rate in each county for each kind of other
oilseeds described in subsection (a)(11).
SEC. 1203. <<NOTE: 7 USC 9033.>> TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity, a marketing
assistance loan under section 1201 shall have a term of 9 months
beginning on the first day of the first month after the month in which
the loan is made.
(b) Extensions Prohibited.--The Secretary may not extend the term of
a marketing assistance loan for any loan commodity.
SEC. 1204. <<NOTE: 7 USC 9034.>> 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
[[Page 128 STAT. 677]]
rice, medium grain rice, extra long staple cotton, peanuts and
confectionery and each other kind of sunflower seed (other than oil
sunflower seed)) at a rate that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283));
(2) a rate (as determined by the Secretary) that--
(A) is calculated based on average market prices for
the loan commodity during the preceding 30-day period;
and
(B) will minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries; or
(3) a rate that the Secretary may develop using alternative
methods for calculating a repayment rate for a loan commodity
that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the commodity;
(D) allow the commodity produced in the United
States to be marketed freely and competitively, both
domestically and internationally; and
(E) minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries.
(b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium
Grain Rice.--The Secretary shall permit producers to repay a marketing
assistance loan under section 1201 for upland cotton, long grain rice,
and medium grain rice at a rate that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the prevailing world market price for the commodity, as
determined and adjusted by the Secretary in accordance with this
section.
(c) Repayment Rates for Extra Long Staple Cotton.--Repayment of a
marketing assistance loan for extra long staple cotton shall be at the
loan rate established for the commodity under section 1202, plus
interest (determined in accordance with section 163 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
(d) Prevailing World Market Price.--For purposes of this section and
section 1207, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market price
for each of upland cotton, long grain rice, and medium grain
rice; and
(2) a mechanism by which the Secretary shall announce
periodically those prevailing world market prices.
(e) Adjustment of Prevailing World Market Price for Upland Cotton,
Long Grain Rice, and Medium Grain Rice.--
[[Page 128 STAT. 678]]
(1) Rice.--The prevailing world market price for long grain
rice and medium grain rice determined under subsection (d) shall
be adjusted to United States quality and location.
(2) Cotton.--The prevailing world market price for upland
cotton determined under subsection (d)--
(A) shall be adjusted to United States quality and
location, with the adjustment to include--
(i) a reduction equal to any United States
Premium Factor for upland cotton of a quality
higher than Middling (M) 1\3/32\-inch; and
(ii) the average costs to market the
commodity, including average transportation costs,
as determined by the Secretary; and
(B) may be further adjusted, during the period
beginning on the date of enactment of this Act and
ending on July 31, 2019, if the Secretary determines the
adjustment is necessary--
(i) to minimize potential loan forfeitures;
(ii) to minimize the accumulation of stocks of
upland cotton by the Federal Government;
(iii) to ensure that upland cotton produced in
the United States can be marketed freely and
competitively, both domestically and
internationally; and
(iv) to ensure an appropriate transition
between current-crop and forward-crop price
quotations, except that the Secretary may use
forward-crop price quotations prior to July 31 of
a marketing year only if--
(I) there are insufficient current-
crop price quotations; and
(II) the forward-crop price
quotation is the lowest such quotation
available.
(3) Guidelines for additional adjustments.--In making
adjustments under this subsection, the Secretary shall establish
a mechanism for determining and announcing the adjustments in
order to avoid undue disruption in the United States market.
(f) Repayment Rates for Confectionery and Other Kinds of Sunflower
Seeds.--The Secretary shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for confectionery and each
other kind of sunflower seed (other than oil sunflower seed) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the repayment rate established for oil sunflower seed.
(g) Payment of Cotton Storage Costs.--Effective for each of the 2014
through 2018 crop years, the Secretary shall make cotton storage
payments available in the same manner, and at the same rates as the
Secretary provided storage payments for the 2006 crop of cotton, except
that the rates shall be reduced by 10 percent.
(h) Repayment Rate for Peanuts.--The Secretary shall permit
producers on a farm to repay a marketing assistance loan for peanuts
under section 1201 at a rate that is the lesser of--
[[Page 128 STAT. 679]]
(1) the loan rate established for peanuts under section
1202(a)(20), plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of peanuts
by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing peanuts; and
(D) allow peanuts produced in the United States to
be marketed freely and competitively, both domestically
and internationally.
(i) Authority To Temporarily Adjust Repayment Rates.--
(1) Adjustment authority.--In the event of a severe
disruption to marketing, transportation, or related
infrastructure, the Secretary may modify the repayment rate
otherwise applicable under this section for marketing assistance
loans under section 1201 for a loan commodity.
(2) Duration.--Any adjustment made under paragraph (1) in
the repayment rate for marketing assistance loans for a loan
commodity shall be in effect on a short-term and temporary
basis, as determined by the Secretary.
SEC. 1205. <<NOTE: 7 USC 9035.>> LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--
(1) In general.--Except as provided in subsection (d), the
Secretary may make loan deficiency payments available to
producers on a farm that, although eligible to obtain a
marketing assistance loan under section 1201 with respect to a
loan commodity, agree to forgo obtaining the loan for the
commodity in return for loan deficiency payments under this
section.
(2) Unshorn pelts, hay, and silage.--
(A) Marketing assistance loans.--Subject to
subparagraph (B), nongraded wool in the form of unshorn
pelts and hay and silage derived from a loan commodity
are not eligible for a marketing assistance loan under
section 1201.
(B) Loan deficiency payment.--Effective for each of
the 2014 through 2018 crop years, the Secretary may make
loan deficiency payments available under this section to
producers on a farm that produce unshorn pelts or hay
and silage derived from a loan commodity.
(b) Computation.--A loan deficiency payment for a loan commodity or
commodity referred to in subsection (a)(2) shall be equal to the product
obtained by multiplying--
(1) the payment rate determined under subsection (c) for the
commodity; by
(2) the quantity of the commodity produced by the eligible
producers, excluding any quantity for which the producers obtain
a marketing assistance loan under section 1201.
(c) Payment Rate.--
(1) In general.--In the case of a loan commodity, the
payment rate shall be the amount by which--
(A) the loan rate established under section 1202 for
the loan commodity; exceeds
[[Page 128 STAT. 680]]
(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.
SEC. 1206. <<NOTE: 7 USC 9036.>> PAYMENTS IN LIEU OF LOAN
DEFICIENCY PAYMENTS FOR GRAZED ACREAGE.
(a) Eligible Producers.--
(1) In general.--Effective for each of the 2014 through 2018
crop years, in the case of a producer that would be eligible for
a loan deficiency payment under section 1205 for wheat, barley,
or oats, but that elects to use acreage planted to the wheat,
barley, or oats for the grazing of livestock, the Secretary
shall make a payment to the producer under this section if the
producer enters into an agreement with the Secretary to forgo
any other harvesting of the wheat, barley, or oats on that
acreage.
(2) Grazing of triticale acreage.--Effective for each of the
2014 through 2018 crop years, with respect to a producer on a
farm that uses acreage planted to triticale for the grazing of
livestock, the Secretary shall make a payment to the producer
under this section if the producer enters into an agreement with
the Secretary to forgo any other harvesting of triticale on that
acreage.
(b) Payment Amount.--
(1) In general.--The amount of a payment made under this
section to a producer on a farm described in subsection (a)(1)
shall be equal to the amount determined by multiplying--
(A) the loan deficiency payment rate determined
under section 1205(c) in effect, as of the date of the
agreement, for the county in which the farm is located;
by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the
farm with respect to which the producer elects to
forgo harvesting of wheat, barley, or oats; and
[[Page 128 STAT. 681]]
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under section
1115 with respect to that loan commodity on the
farm;
(II) in the case of a farm for which
agriculture risk coverage is elected under section
1116(a), the payment yield that would otherwise be
in effect with respect to that loan commodity on
the farm in the absence of such election; or
(III) in the case of a farm for which no
payment yield is otherwise established for that
loan commodity on the farm, an appropriate yield
established by the Secretary in a manner
consistent with section 1113(c).
(2) Grazing of triticale acreage.--The amount of a payment
made under this section to a producer on a farm described in
subsection (a)(2) shall be equal to the amount determined by
multiplying--
(A) the loan deficiency payment rate determined
under section 1205(c) in effect for wheat, as of the
date of the agreement, for the county in which the farm
is located; by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the
farm with respect to which the producer elects to
forgo harvesting of triticale; and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under subtitle
A with respect to wheat on the farm;
(II) in the case of a farm for which
agriculture risk coverage is elected under section
1116(a), the payment yield that would otherwise be
in effect for wheat on the farm in the absence of
such election; or
(III) in the case of a farm for which no
payment yield is otherwise established for wheat
on the farm, an appropriate yield established by
the Secretary in a manner consistent with section
1113(c).
(c) Time, Manner, and Availability of Payment.--
(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 1205.
(2) Availability.--
(A) In general.--The Secretary shall establish an
availability period for the payments authorized by this
section.
(B) Certain commodities.--In the case of wheat,
barley, and oats, the availability period shall be
consistent with the availability period for the
commodity established by the Secretary for marketing
assistance loans authorized by this subtitle.
(d) Prohibition on Crop Insurance Indemnity or Noninsured Crop
Assistance.--A 2014 through 2018 crop of wheat, barley, oats, or
triticale planted on acreage that a producer elects, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu
of any other harvesting of the crop shall not be eligible for an
indemnity under a policy or plan of insurance authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop
assistance under section 196 of the
[[Page 128 STAT. 682]]
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
SEC. 1207. <<NOTE: 7 USC 9037.>> SPECIAL MARKETING LOAN PROVISIONS
FOR UPLAND COTTON.
(a) Special Import Quota.--
(1) Definition of special import quota.--In this subsection,
the term ``special import quota'' means a quantity of imports
that is not subject to the over-quota tariff rate of a tariff-
rate quota.
(2) Establishment.--
(A) In general.--The President shall carry out an
import quota program beginning on August 1, 2014, as
provided in this subsection.
(B) Program requirements.--Whenever the Secretary
determines and announces that for any consecutive 4-week
period, the Friday through Thursday average price
quotation for the lowest-priced United States growth, as
quoted for Middling (M) 1\3/32\-inch cotton, delivered
to a definable and significant international market, as
determined by the Secretary, exceeds the prevailing
world market price, there shall immediately be in effect
a special import quota.
(3) Quantity.--The quota shall be equal to the consumption
during a 1-week period of cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months for
which official data of the Department of Agriculture are
available or, in the absence of sufficient data, as estimated by
the Secretary.
(4) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (2) and entered into
the United States not later than 180 days after that date.
(5) Overlap.--A special quota period may be established that
overlaps any existing quota period if required by paragraph (2),
except that a special quota period may not be established under
this subsection if a quota period has been established under
subsection (b).
(6) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act
(19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special import
quota established under this subsection may not exceed the
equivalent of 10 weeks' consumption of upland cotton by domestic
mills at the seasonally adjusted average rate of the 3 months
immediately preceding the first special import quota established
in any marketing year.
(b) Limited Global Import Quota for Upland Cotton.--
[[Page 128 STAT. 683]]
(1) Definitions.--In this subsection:
(A) Demand.--The term ``demand'' means--
(i) the average seasonally adjusted annual
rate of domestic mill consumption of cotton during
the most recent 3 months for which official data
of the Department of Agriculture are available or,
in the absence of sufficient data, as estimated by
the Secretary; and
(ii) the larger of--
(I) average exports of upland cotton
during the preceding 6 marketing years;
or
(II) cumulative exports of upland
cotton plus outstanding export sales for
the marketing year in which the quota is
established.
(B) Limited global import quota.--The term ``limited
global import quota'' means a quantity of imports that
is not subject to the over-quota tariff rate of a
tariff-rate quota.
(C) Supply.--The term ``supply'' means, using the
latest official data of the Department of Agriculture--
(i) the carry-over of upland cotton at the
beginning of the marketing year (adjusted to 480-
pound bales) in which the quota is established;
(ii) production of the current crop; and
(iii) imports to the latest date available
during the marketing year.
(2) Program.--The President shall carry out an import quota
program that provides that whenever the Secretary determines and
announces that the average price of the base quality of upland
cotton, as determined by the Secretary, in the designated spot
markets for a month exceeded 130 percent of the average price of
the quality of cotton in the markets for the preceding 36
months, notwithstanding any other provision of law, there shall
immediately be in effect a limited global import quota subject
to the following conditions:
(A) Quantity.--The quantity of the quota shall be
equal to 21 days of domestic mill consumption of upland
cotton at the seasonally adjusted average rate of the
most recent 3 months for which official data of the
Department of Agriculture are available or, in the
absence of sufficient data, as estimated by the
Secretary.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding
12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days of
domestic mill consumption calculated under subparagraph
(A) or the quantity required to increase the supply to
130 percent of the demand.
(C) Preferential tariff treatment.--The quantity
under a limited global import quota shall be considered
to be an in-quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974
(19 U.S.C. 2463(d)); and
[[Page 128 STAT. 684]]
(iv) General Note 3(a)(iv) to the Harmonized
Tariff Schedule.
(D) Quota entry period.--When a quota is established
under this subsection, cotton may be entered under the
quota during the 90-day period beginning on the date the
quota is established by the Secretary.
(3) No overlap.--Notwithstanding paragraph (2), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(a).
(c) Economic Adjustment Assistance to Users of Upland Cotton.--
(1) In general.--Subject to paragraph (2), the Secretary
shall, on a monthly basis, make economic adjustment assistance
available to domestic users of upland cotton in the form of
payments for all documented use of that upland cotton during the
previous monthly period regardless of the origin of the upland
cotton.
(2) Value of assistance.--Effective beginning on August 1,
2013, the value of the assistance provided under paragraph (1)
shall be 3 cents per pound.
(3) Allowable purposes.--Economic adjustment assistance
under this subsection shall be made available only to domestic
users of upland cotton that certify that the assistance shall be
used only to acquire, construct, install, modernize, develop,
convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4) Review or audit.--The Secretary may conduct such review
or audit of the records of a domestic user under this subsection
as the Secretary determines necessary to carry out this
subsection.
(5) Improper use of assistance.--If the Secretary
determines, after a review or audit of the records of the
domestic user, that economic adjustment assistance under this
subsection was not used for the purposes specified in paragraph
(3), the domestic user shall be--
(A) liable for the repayment of the assistance to
the Secretary, plus interest, as determined by the
Secretary; and
(B) ineligible to receive assistance under this
subsection for a period of 1 year following the
determination of the Secretary.
SEC. 1208. <<NOTE: 7 USC 9038.>> SPECIAL COMPETITIVE PROVISIONS
FOR EXTRA LONG STAPLE COTTON.
(a) Competitiveness Program.--Notwithstanding any other provision of
law, during the period beginning on the date of enactment of this Act
through July 31, 2019, the Secretary shall carry out a program--
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton produced
in the United States; and
(3) to ensure that extra long staple cotton produced in the
United States remains competitive in world markets.
[[Page 128 STAT. 685]]
(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
(1) for a consecutive 4-week period, the world market price
for the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is below the prevailing United
States price for a competing growth of extra long staple cotton;
and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is less than 134 percent of the
loan rate for extra long staple cotton.
(c) Eligible Recipients.--The Secretary shall make payments
available under this section to domestic users of extra long staple
cotton produced in the United States and exporters of extra long staple
cotton produced in the United States that enter into an agreement with
the Commodity Credit Corporation to participate in the program under
this section.
(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive 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.
SEC. 1209. <<NOTE: 7 USC 9039.>> AVAILABILITY OF RECOURSE LOANS
FOR HIGH MOISTURE FEED GRAINS AND SEED
COTTON.
(a) High Moisture Feed Grains.--
(1) Definition of high moisture state.--In this subsection,
the term ``high moisture state'' means corn or grain sorghum
having a moisture content in excess of Commodity Credit
Corporation standards for marketing assistance loans made by the
Secretary under section 1201.
(2) Recourse loans available.--For each of the 2014 through
2018 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to
producers on a farm that--
(A) normally harvest all or a portion of their crop
of corn or grain sorghum in a high moisture state;
(B) present--
(i) certified scale tickets from an inspected,
certified commercial scale, including a licensed
warehouse, feedlot, feed mill, distillery, or
other similar entity approved by the Secretary,
pursuant to regulations issued by the Secretary;
or
(ii) field or other physical measurements of
the standing or stored crop in regions of the
United States, as determined by the Secretary,
that do not have certified commercial scales from
which certified scale tickets may be obtained
within reasonable proximity of harvest operation;
(C) certify that the producers on the farm were the
owners of the feed grain at the time of delivery to, and
[[Page 128 STAT. 686]]
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
1115, or the payment yield deemed to be in effect
or established under subclause (II) or (III) of
section 1206(b)(1)(B)(ii), with respect to corn or
grain sorghum on a field that is similar to the
field from which the corn or grain sorghum
referred to in subparagraph (A) was obtained; or
(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 2014
through 2018 crops of upland cotton and extra long staple cotton, the
Secretary shall make available recourse seed cotton loans, as determined
by the Secretary, on any production.
(c) Repayment Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7283)).
SEC. 1210. <<NOTE: 7 USC 9040.>> ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--Subject to subsection (e), the Secretary
may make appropriate adjustments in the loan rates for any loan
commodity (other than cotton) for differences in grade, type, quality,
location, and other factors.
(b) Manner of Adjustment.--The adjustments under subsection (a)
shall, to the maximum extent practicable, be made in such a manner that
the average loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level of support
determined in accordance with this subtitle and subtitle C.
(c) Adjustment on County Basis.--
(1) In general.--The Secretary may establish loan rates for
a crop for producers in individual counties in a manner that
results in the lowest loan rate being 95 percent of the national
average loan rate, if those loan rates do not result in an
increase in outlays.
[[Page 128 STAT. 687]]
(2) Prohibition.--Adjustments under this subsection shall
not result in an increase in the national average loan rate for
any year.
(d) Adjustment in Loan Rate for Cotton.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan rate for cotton for differences in
quality factors.
(2) Types of adjustments.--Loan rate adjustments under
paragraph (1) may include--
(A) the use of non-spot market price data, in
addition to spot market price data, that would enhance
the accuracy of the price information used in
determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts
associated with upland cotton with a staple length of 33
or above due to micronaire with the goal of eliminating
any unnecessary artificial splits in the calculations of
the premiums or discounts; and
(C) such other adjustments as the Secretary
determines appropriate, after consultations conducted in
accordance with paragraph (3).
(3) Consultation with private sector.--
(A) Prior to revision.--In making adjustments to the
loan rate for cotton (including any review of the
adjustments) as provided in this subsection, the
Secretary shall consult with representatives of the
United States cotton industry.
(B) Inapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to consultations under this subsection.
(4) Review of adjustments.--The Secretary may review the
operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further adjustments to
the administration of the loan program for upland cotton, by
revoking or revising any adjustment taken under paragraph (2).
(e) Rice.--The Secretary shall not make adjustments in the loan
rates for long grain rice and medium grain rice, except for differences
in grade and quality (including milling yields).
Subtitle C--Sugar
SEC. 1301. SUGAR POLICY.
(a) Continuation of Current Program and Loan Rates.--
(1) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is
amended--
(A) by inserting ``and'' at the end of paragraph
(3);
(B) in paragraph (4), by striking ``the 2011 crop
year; and'' and inserting ``each of the 2011 through
2018 crop years.''; and
(C) by striking paragraph (5).
(2) Sugar beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2012'' and inserting
``2018''.
[[Page 128 STAT. 688]]
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2012'' and inserting ``2018''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by
striking ``2012'' and inserting ``2018''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2012'' and inserting ``2018''.
Subtitle D--Dairy
PART I--MARGIN PROTECTION PROGRAM FOR DAIRY PRODUCERS
SEC. 1401. <<NOTE: 7 USC 9051.>> DEFINITIONS.
In this part and part III:
(1) Actual dairy production margin.--The term ``actual dairy
production margin'' means the difference between the all-milk
price and the average feed cost, as calculated under section
1402.
(2) All-milk price.--The term ``all-milk price'' means the
average price received, per hundredweight of milk, by dairy
operations for all milk sold to plants and dealers in the United
States, as determined by the Secretary.
(3) Average feed cost.--The term ``average feed cost'' means
the average cost of feed used by a dairy operation to produce a
hundredweight of milk, determined under section 1402 using the
sum of the following:
(A) The product determined by multiplying 1.0728 by
the price of corn per bushel.
(B) The product determined by multiplying 0.00735 by
the price of soybean meal per ton.
(C) The product determined by multiplying 0.0137 by
the price of alfalfa hay per ton.
(4) Consecutive 2-month period.--The term ``consecutive 2-
month period'' refers to the 2-month period consisting of the
months of January and February, March and April, May and June,
July and August, September and October, or November and
December, respectively.
(5) Dairy operation.--
(A) In general.--The term ``dairy operation'' means,
as determined by the Secretary, 1 or more dairy
producers that produce and market milk as a single dairy
operation in which each dairy producer--
(i) shares in the risk of producing milk; and
(ii) makes contributions (including land,
labor, management, equipment, or capital) to the
dairy operation of the individual or entity, which
are at least commensurate with the individual or
entity's share of the proceeds of the operation.
(B) Additional ownership structures.--The Secretary
shall determine additional ownership structures to be
covered by the definition of dairy operation.
[[Page 128 STAT. 689]]
(6) Margin protection program.--The term ``margin protection
program'' means the margin protection program required by
section 1403.
(7) Margin protection program payment.--The term ``margin
protection program payment'' means a payment made to a
participating dairy operation under the margin protection
program pursuant to section 1406.
(8) Participating dairy operation.--The term ``participating
dairy operation'' means a dairy operation that registers under
section 1404 to participate in the margin protection program.
(9) Production history.--The term ``production history''
means the production history determined for a participating
dairy operation under subsection (a) or (b) of section 1405 when
the participating dairy operation first registers to participate
in the margin protection program.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(11) United states.--The term ``United States'', in a
geographical sense, means the 50 States, the District of
Columbia, American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, and any other territory or
possession of the United States.
SEC. 1402. <<NOTE: 7 USC 9052.>> CALCULATION OF AVERAGE FEED COST
AND ACTUAL DAIRY PRODUCTION MARGINS.
(a) Calculation of Average Feed Cost.--The Secretary shall calculate
the national average feed cost for each month using the following data:
(1) The price of corn for a month shall be the price
received during that month by farmers in the United States for
corn, as reported in the monthly Agricultural Prices report by
the Secretary.
(2) The price of soybean meal for a month shall be the
central Illinois price for soybean meal, as reported in the
Market News-Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall be the price
received during that month by farmers in the United States for
alfalfa hay, as reported in the monthly Agricultural Prices
report by the Secretary.
(b) Calculation of Actual Dairy Production Margin.--
(1) In general.--For use in the margin protection program,
the Secretary shall calculate the actual dairy production margin
for each consecutive 2-month period by subtracting--
(A) the average feed cost for that consecutive 2-
month period, determined in accordance with subsection
(a); from
(B) the all-milk price for that consecutive 2-month
period.
(2) Time for calculation.--The calculation required by this
subsection shall be made as soon as practicable using the full-
month price of the applicable reference month.
SEC. 1403. <<NOTE: 7 USC 9053.>> ESTABLISHMENT OF MARGIN
PROTECTION PROGRAM FOR DAIRY PRODUCERS.
Not later than September 1, 2014, the Secretary shall establish and
administer a margin protection program for dairy producers
[[Page 128 STAT. 690]]
under which participating dairy operations are paid a margin protection
payment when actual dairy production margins are less than the threshold
levels for a margin protection payment.
SEC. 1404. <<NOTE: 7 USC 9054.>> PARTICIPATION OF DAIRY OPERATIONS
IN MARGIN PROTECTION PROGRAM.
(a) Eligibility.--All dairy operations in the United States shall be
eligible to participate in the margin protection program to receive
margin protection payments.
(b) Registration Process.--
(1) In general.--The Secretary shall specify the manner and
form by which a participating dairy operation may register to
participate in the margin protection program.
(2) Treatment of multiproducer dairy operations.--If a
participating dairy operation is operated by more than 1 dairy
producer, all of the dairy producers of the participating dairy
operation shall be treated as a single dairy operation for
purposes of participating in the margin protection program.
(3) Treatment of producers with multiple dairy operations.--
If a dairy producer operates 2 or more dairy operations, each
dairy operation of the producer shall separately register to
participate in the margin protection program.
(c) Annual Administrative Fee.--
(1) Administrative fee required.--Each participating dairy
operation shall--
(A) pay an administrative fee to register to
participate in the margin protection program; and
(B) pay the administrative fee annually through the
duration of the margin protection program specified in
section 1409.
(2) Amount of fee.--The administrative fee for a
participating dairy operation shall be $100.
(3) Use of fees.--The Secretary shall use administrative
fees collected under this subsection to cover administrative
costs incurred to carry out the margin protection program.
(d) Relation to Livestock Gross Margin for Dairy Program.--A dairy
operation may participate in the margin protection program or the
livestock gross margin for dairy program under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.), but not both.
SEC. 1405. <<NOTE: 7 USC 9055.>> PRODUCTION HISTORY OF
PARTICIPATING DAIRY OPERATIONS.
(a) Production History.--
(1) In general.--Except as provided in subsection (b), when
a dairy operation first registers to participate in the margin
protection program, the production history of the dairy
operation for the margin protection program is equal to the
highest annual milk marketings of the participating dairy
operation during any one of the 2011, 2012, or 2013 calendar
years.
(2) Adjustment.--In subsequent years, the Secretary shall
adjust the production history of a participating dairy operation
determined under paragraph (1) to reflect any increase in the
national average milk production.
(b) Election by New Dairy Operations.--In the case of a
participating dairy operation that has been in operation for less than a
year, the participating dairy operation shall elect 1 of the
[[Page 128 STAT. 691]]
following methods for the Secretary to determine the production history
of the participating dairy operation:
(1) The volume of the actual milk marketings for the months
the participating dairy operation has been in operation
extrapolated to a yearly amount.
(2) An estimate of the actual milk marketings of the
participating dairy operation based on the herd size of the
participating dairy operation relative to the national rolling
herd average data published by the Secretary.
(c) Required Information.--A participating dairy operation shall
provide all information that the Secretary may require in order to
establish the production history of the participating dairy operation
for purposes of participating in the margin protection program.
SEC. 1406. <<NOTE: 7 USC 9056.>> MARGIN PROTECTION PAYMENTS.
(a) Coverage Level Threshold and Coverage Percentage.--For purposes
of receiving margin protection payments for a consecutive 2-month
period, a participating dairy operation shall annually elect--
(1) a coverage level threshold that is equal to $4.00,
$4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00; and
(2) a percentage of coverage, in 5-percent increments,
beginning with 25 percent and not exceeding 90 percent of the
production history of the participating dairy operation.
(b) Payment Threshold.--A participating dairy operation shall
receive a margin protection payment whenever the average actual dairy
production margin for a consecutive 2-month period is less than the
coverage level threshold selected by the participating dairy operation.
(c) Amount of Margin Protection Payment.--The margin protection
payment for the participating dairy operation shall be determined as
follows:
(1) The Secretary shall calculate the amount by which the
coverage level threshold selected by the participating dairy
operation exceeds the average actual dairy production margin for
the consecutive 2-month period.
(2) The amount determined under paragraph (1) shall be
multiplied by--
(A) the coverage percentage selected by the
participating dairy operation; and
(B) the production history of the participating
dairy operation divided by 6.
SEC. 1407. <<NOTE: 7 USC 9057.>> PREMIUMS FOR MARGIN PROTECTION
PROGRAM.
(a) Calculation of Premiums.--For purposes of participating in the
margin protection program, a participating dairy operation shall pay an
annual premium equal to the product obtained by multiplying--
(1) the coverage percentage elected by the participating
dairy operation under section 1406(a)(2);
(2) the production history of the participating dairy
operation; and
(3) the premium per hundredweight of milk imposed by this
section for the coverage level selected.
(b) Premium Per Hundredweight for First 4 Million Pounds of
Production.--
[[Page 128 STAT. 692]]
(1) In general.--For the first 4,000,000 pounds of milk
marketings included in the production history of a participating
dairy operation, the premium per hundredweight for each coverage
level is specified in the table contained in paragraph (2).
(2) Producer premiums.--Except as provided in paragraph (3),
the following annual premiums apply:
------------------------------------------------------------------------
Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.00 None
$4.50 $0.010
$5.00 $0.025
$5.50 $0.040
$6.00 $0.055
$6.50 $0.090
$7.00 $0.217
$7.50 $0.300
$8.00 $0.475
------------------------------------------------------------------------
(3) Special rule.--The premium per hundredweight specified
in the table contained in paragraph (2) for each coverage level
(except the $8.00 coverage level) shall be reduced by 25 percent
for each of calendar years 2014 and 2015.
(c) Premium Per Hundredweight for Production in Excess of 4 Million
Pounds.--
(1) In general.--For milk marketings in excess of 4,000,000
pounds included in the production history of a participating
dairy operation, the premium per hundredweight for each coverage
level is specified in the table contained in paragraph (2).
(2) Producer premiums.--The following annual premiums apply:
------------------------------------------------------------------------
Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.00 None
$4.50 $0.020
$5.00 $0.040
$5.50 $0.100
$6.00 $0.155
$6.50 $0.290
$7.00 $0.830
$7.50 $1.060
$8.00 $1.360
------------------------------------------------------------------------
(d) Time for Payment of Premium.--The Secretary shall provide more
than 1 method by which a participating dairy operation may pay the
premium required under this section in any manner
[[Page 128 STAT. 693]]
that maximizes participating dairy operation payment flexibility and
program integrity.
(e) Premium Obligations.--
(1) Pro-ration of premium for new participants.--In the case
of a participating dairy operation that first registers to
participate in the margin protection program for a calendar year
after the start of the calendar year, the participating dairy
operation shall pay a pro-rated premium for that calendar year
based on the portion of the calendar year for which the
participating dairy operation purchases the coverage.
(2) Legal obligation.--A participating dairy operation in
the margin protection program for a calendar year shall be
legally obligated to pay the applicable premium for that
calendar year, except that the Secretary may waive that
obligation, under terms and conditions determined by the
Secretary, for any participating dairy operation in the case of
death, retirement, permanent dissolution of a participating
dairy operation, or other circumstances as the Secretary
considers appropriate to ensure the integrity of the program.
SEC. 1408. <<NOTE: 7 USC 9058.>> EFFECT OF FAILURE TO PAY
ADMINISTRATIVE FEES OR PREMIUMS.
(a) Loss of Benefits.--A participating dairy operation that fails to
pay the required annual administrative fee under section 1404 or is in
arrears on premium payments under section 1407--
(1) remains legally obligated to pay the administrative fee
or premiums, as the case may be; and
(2) may not receive margin protection payments until the
fees or premiums are fully paid.
(b) Enforcement.--The Secretary may take such action as necessary to
collect administrative fees and premium payments for participation in
the margin protection program.
SEC. 1409. <<NOTE: 7 USC 9059.>> DURATION.
The margin protection program shall end on December 31, 2018.
SEC. 1410. <<NOTE: 7 USC 9060.>> ADMINISTRATION AND ENFORCEMENT.
(a) In General.--The Secretary shall promulgate regulations to
address administrative and enforcement issues involved in carrying out
the margin protection program.
(b) Reconstitution.--The Secretary shall promulgate regulations to
prohibit a dairy producer from reconstituting a dairy operation for the
purpose of the dairy producer receiving margin protection payments.
(c) Administrative Appeals.--Using authorities under section 1001(h)
of the Food Security Act of 1985 (7 U.S.C. 1308(h)) and subtitle H of
the Department of Agriculture Reorganization Act (7 U.S.C. 6991 et
seq.), the Secretary shall promulgate regulations to provide for
administrative appeals of decisions of the Secretary that are adverse to
participants of the margin protection program.
(d) Inclusion of Additional Order.--Section 143(a)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253(a)(2)) is
amended by adding at the end the following new sentence: ``Subsection
(b) does not apply to the authority of the Secretary under this
subsection.''.
[[Page 128 STAT. 694]]
PART II--REPEAL OR REAUTHORIZATION OF OTHER DAIRY-RELATED PROVISIONS
SEC. 1421. REPEAL OF DAIRY PRODUCT PRICE SUPPORT PROGRAM.
Section 1501 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8771) is repealed.
SEC. 1422. TEMPORARY CONTINUATION AND EVENTUAL REPEAL OF MILK
INCOME LOSS CONTRACT PROGRAM.
(a) <<NOTE: 7 USC 8773 note.>> Temporary Continuation of Payments
Under Milk Income Loss Contract Program.--Section 1506 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8773) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) Termination date.--The term `termination date' means
the earlier of the following:
``(A) The date on which the Secretary certifies to
Congress that the margin protection program required by
section 1403 of the Agricultural Act of 2014 is
operational.
``(B) September 1, 2014.'';
(2) in subsection (c)(3)--
(A) in subparagraph (B), by inserting after ``August
31, 2013,'' the following: ``and for the period
beginning February 1, 2014, and ending on the
termination date,''; and
(B) in subparagraph (C), by striking ``and
thereafter,'' and inserting ``and ending January 31,
2014,'';
(3) in subsection (d)--
(A) in paragraph (2), by striking ``For any month
beginning on or after September 1, 2013,'' and inserting
``During the period beginning on September 1, 2013, and
ending on January 31, 2014,'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Final adjustment authority.--During the period
beginning on February 1, 2014, and ending on the termination
date, if the National Average Dairy Feed Ration Cost for a month
during that period is greater than $7.35 per hundredweight, the
amount specified in subsection (c)(2)(A) used to determine the
payment rate for that month shall be increased by 45 percent of
the percentage by which the National Average Dairy Feed Ration
Cost exceeds $7.35 per hundredweight.'';
(4) in subsection (e)(2)(A)--
(A) in clause (ii), by inserting after ``August 31,
2013,'' the following: ``and for the period beginning
February 1, 2014, and ending on the termination date,'';
and
(B) in clause (iii), by striking ``effective
beginning September 1, 2013,'' and inserting ``for the
period beginning September 1, 2013, and ending January
31, 2014,'';
(5) in subsection (g), by striking ``during the period
beginning on the date that is 90 days after the date of
enactment of this Act and ending on September 30, 2013'' and
inserting ``until the termination date''; and
(6) in subsection (h)(1), by striking ``September 30, 2013''
and inserting ``the termination date''.
[[Page 128 STAT. 695]]
(b) Repeal of Milk Income Loss Contract Program.--
(1) Repeal.--Effective on the termination date, section 1506
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8773) is repealed.
(2) Termination date defined.--In paragraph (1), the term
``termination date'' means the earlier of the following:
(A) The date on which the Secretary certifies to
Congress that the margin protection program required by
section 1403 is operational.
(B) September 1, 2014.
SEC. 1423. REPEAL OF DAIRY EXPORT INCENTIVE PROGRAM.
(a) Repeal.--Section 153 of the Food Security Act of 1985 (15 U.S.C.
713a-14) is repealed.
(b) Conforming Amendments.--Section 902(2) of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(2)) is
amended--
(1) by striking subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
SEC. 1424. EXTENSION OF DAIRY FORWARD PRICING PROGRAM.
Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8772(e)) is amended--
(1) in paragraph (1), by striking ``2012'' and inserting
``2018''; and
(2) in paragraph (2), by striking ``2015'' and inserting
``2021''.
SEC. 1425. EXTENSION OF DAIRY INDEMNITY PROGRAM.
Section 3 of Public Law 90-484 (7 U.S.C. 450l) is amended by
striking ``2012'' and inserting ``2018''.
SEC. 1426. EXTENSION OF DAIRY PROMOTION AND RESEARCH PROGRAM.
Section 113(e)(2) of the Dairy Production Stabilization Act of 1983
(7 U.S.C. 4504(e)(2)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 1427. REPEAL OF FEDERAL MILK MARKETING ORDER REVIEW
COMMISSION.
Section 1509 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1726) is repealed.
PART III--DAIRY PRODUCT DONATION PROGRAM
SEC. 1431. <<NOTE: 7 USC 9071.>> DAIRY PRODUCT DONATION PROGRAM.
(a) Program Required; Purpose.--Not later than 120 days after the
date on which the Secretary certifies to Congress that the margin
protection program is operational, the Secretary shall establish and
administer a dairy product donation program for the purposes of--
(1) addressing low operating margins experienced by
participating dairy operations; and
(2) providing nutrition assistance to individuals in low-
income groups.
[[Page 128 STAT. 696]]
(b) Program Trigger.--The Secretary shall announce that the dairy
product donation program is in effect for a month, and undertake
activities under subsection (c) during the month, whenever the actual
dairy production margin has been $4.00 or less per hundredweight of milk
for each of the immediately preceding 2 months.
(c) Required Program Activities.--
(1) In general.--Whenever the dairy product donation program
is in effect under subsection (b), the Secretary shall
immediately purchase dairy products, at prevailing market
prices, until such time as one of the termination conditions
specified in subsection (d)(1) is met.
(2) Consultation.--To determine the types and quantities of
dairy products to purchase under the dairy product donation
program, the Secretary shall consult with public and private
nonprofit organizations organized to feed low-income populations
(d) Termination of Program Activities.--
(1) Termination thresholds.--The Secretary shall cease
activities under the dairy product donation program, and shall
not reinitiate activities under the program until the condition
specified in subsection (b) is again met, whenever any one of
the following occurs:
(A) The Secretary has made purchases under the dairy
product donation program for three consecutive months,
even if the actual dairy production margin remains $4.00
or less per hundredweight of milk.
(B) The actual dairy production margin has been
greater than $4.00 per hundredweight of milk for the
immediately preceding month.
(C) The actual dairy production margin has been
$4.00 or less, but more than $3.00, per hundredweight of
milk for the immediately preceding month and during the
same month--
(i) the price in the United States for cheddar
cheese was more than 5 percent above the world
price; or
(ii) the price in the United States for non-
fat dry milk was more than 5 percent above the
world price of skim milk powder.
(D) The actual dairy production margin has been
$3.00 or less per hundredweight of milk for the
immediately preceding month and during the same month--
(i) the price in the United States for cheddar
cheese was more than 7 percent above the world
price; or
(ii) the price in the United States for non-
fat dry milk was more than 7 percent above the
world price of skim milk powder.
(2) Determinations.--For purposes of this subsection, the
Secretary shall determine the price in the United States for
cheddar cheese and non-fat dry milk and the world price of
cheddar cheese and skim milk powder.
(e) Distribution of Purchased Dairy Products.--
(1) In general.--The Secretary of Agriculture shall
distribute, but not store, the dairy products purchased under
the dairy product donation program in a manner that encourages
the domestic consumption of such dairy products by
[[Page 128 STAT. 697]]
diverting them to persons in low-income groups, as determined by
the Secretary.
(2) Use of public or private nonprofit organizations.--The
Secretary shall utilize the services of public and private
nonprofit organizations for the distribution of dairy products
purchased under the dairy product donation program. A public or
private nonprofit organization that receives dairy products may
transfer the products to another public or private nonprofit
organization that agrees to use the dairy products to provide,
without cost or waste, nutrition assistance to individuals in
low-income groups.
(f) Prohibition on Resale of Products.--A public or private
nonprofit organization that receives dairy products under subsection (e)
may not sell the products back into commercial markets.
(g) Use of Commodity Credit Corporation Funds.--As specified in
section 1601(a), the funds, facilities, and authorities of the Commodity
Credit Corporation shall be available to the Secretary for the purposes
of implementing and administering the dairy product donation program.
(h) Duration.--In addition to the termination conditions specified
in subsection (d)(1), the dairy product donation program shall end on
December 31, 2018.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
SEC. 1501. <<NOTE: 7 USC 9081.>> SUPPLEMENTAL AGRICULTURAL
DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Eligible producer on a farm.--
(A) In general.--The term ``eligible producer on a
farm'' means an individual or entity described in
subparagraph (B) that, as determined by the Secretary,
assumes the production and market risks associated with
the agricultural production of crops or livestock.
(B) Description.--An individual or entity referred
to in subparagraph (A) is--
(i) a citizen of the United States;
(ii) a resident alien;
(iii) a partnership of citizens of the United
States; or
(iv) a corporation, limited liability
corporation, or other farm organizational
structure organized under State law.
(2) Farm-raised fish.--The term ``farm-raised fish'' means
any aquatic species that is propagated and reared in a
controlled environment.
(3) Livestock.--The term ``livestock'' includes--
(A) cattle (including dairy cattle);
(B) bison;
(C) poultry;
(D) sheep;
(E) swine;
(F) horses; and
(G) other livestock, as determined by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page 128 STAT. 698]]
(b) Livestock Indemnity Payments.--
(1) Payments.--For fiscal year 2012 and each succeeding
fiscal year, the Secretary shall use such sums as are necessary
of the funds of the Commodity Credit Corporation to make
livestock indemnity payments to eligible producers on farms that
have incurred livestock death losses in excess of the normal
mortality, as determined by the Secretary, due to--
(A) attacks by animals reintroduced into the wild by
the Federal Government or protected by Federal law,
including wolves and avian predators; or
(B) adverse weather, as determined by the Secretary,
during the calendar year, including losses due to
hurricanes, floods, blizzards, disease, wildfires,
extreme heat, and extreme cold.
(2) Payment rates.--Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at a rate
of 75 percent of the market value of the applicable livestock on
the day before the date of death of the livestock, as determined
by the Secretary.
(3) Special rule for payments made due to disease.--The
Secretary shall ensure that payments made to an eligible
producer under paragraph (1) are not made for the same livestock
losses for which compensation is provided pursuant to section
10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)).
(c) Livestock Forage Disaster Program.--
(1) Definitions.--In this subsection:
(A) Covered livestock.--
(i) In general.--Except as provided in clause
(ii), the term ``covered livestock'' means
livestock of an eligible livestock producer that,
during the 60 days prior to the beginning date of
a qualifying drought or fire condition, as
determined by the Secretary, the eligible
livestock producer--
(I) owned;
(II) leased;
(III) purchased;
(IV) entered into a contract to
purchase;
(V) is a contract grower; or
(VI) sold or otherwise disposed of
due to qualifying drought conditions
during--
(aa) the current production
year; or
(bb) subject to paragraph
(3)(B)(ii), 1 or both of the 2
production years immediately
preceding the current production
year.
(ii) Exclusion.--The term ``covered
livestock'' does not include livestock that were
or would have been in a feedlot, on the beginning
date of the qualifying drought or fire condition,
as a part of the normal business operation of the
eligible livestock producer, as determined by the
Secretary.
(B) Drought monitor.--The term ``drought monitor''
means a system for classifying drought severity
according to a range of abnormally dry to exceptional
drought, as defined by the Secretary.
(C) Eligible livestock producer.--
[[Page 128 STAT. 699]]
(i) In general.--The term ``eligible livestock
producer'' means an eligible producer on a farm
that--
(I) is an owner, cash or share
lessee, or contract grower of covered
livestock that provides the pastureland
or grazing land, including cash-leased
pastureland or grazing land, for the
livestock;
(II) provides the pastureland or
grazing land for covered livestock,
including cash-leased pastureland or
grazing land that is physically located
in a county affected by drought;
(III) certifies grazing loss; and
(IV) meets all other eligibility
requirements established under this
subsection.
(ii) Exclusion.--The term ``eligible livestock
producer'' does not include an owner, cash or
share lessee, or contract grower of livestock that
rents or leases pastureland or grazing land owned
by another person on a rate-of-gain basis.
(D) Normal carrying capacity.--The term ``normal
carrying capacity'', with respect to each type of
grazing land or pastureland in a county, means the
normal carrying capacity, as determined under paragraph
(3)(D)(i), that would be expected from the grazing land
or pastureland for livestock during the normal grazing
period, in the absence of a drought or fire that
diminishes the production of the grazing land or
pastureland.
(E) Normal grazing period.--The term ``normal
grazing period'', with respect to a county, means the
normal grazing period during the calendar year for the
county, as determined under paragraph (3)(D)(i).
(2) Program.--For fiscal year 2012 and each succeeding
fiscal year, the Secretary shall use such sums as are necessary
of the funds of the Commodity Credit Corporation to provide
compensation for losses to eligible livestock producers due to
grazing losses for covered livestock due to--
(A) a drought condition, as described in paragraph
(3); or
(B) fire, as described in paragraph (4).
(3) Assistance for losses due to drought conditions.--
(A) Eligible losses.--
(i) In general.--An eligible livestock
producer may receive assistance under this
subsection only for grazing losses for covered
livestock that occur on land that--
(I) is native or improved
pastureland with permanent vegetative
cover; or
(II) is planted to a crop planted
specifically for the purpose of
providing grazing for covered livestock.
(ii) Exclusions.--An eligible livestock
producer may not receive assistance under this
subsection for grazing losses that occur on land
used for haying or grazing under the conservation
reserve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.).
(B) Monthly payment rate.--
[[Page 128 STAT. 700]]
(i) In general.--Except as provided in clause
(ii), the payment rate for assistance under this
paragraph for 1 month shall, in the case of
drought, be equal to 60 percent of the lesser of--
(I) the monthly feed cost for all
covered livestock owned or leased by the
eligible livestock producer, as
determined under subparagraph (C); or
(II) the monthly feed cost
calculated by using the normal carrying
capacity of the eligible grazing land of
the eligible livestock producer.
(ii) Partial compensation.--In the case of an
eligible livestock producer that sold or otherwise
disposed of covered livestock due to drought
conditions in 1 or both of the 2 production years
immediately preceding the current production year,
as determined by the Secretary, the payment rate
shall be 80 percent of the payment rate otherwise
calculated in accordance with clause (i).
(C) Monthly feed cost.--
(i) In general.--The monthly feed cost shall
equal the product obtained by multiplying--
(I) 30 days;
(II) a payment quantity that is
equal to the feed grain equivalent, as
determined under clause (ii); and
(III) a payment rate that is equal
to the corn price per pound, as
determined under clause (iii).
(ii) Feed grain equivalent.--For purposes of
clause (i)(II), the feed grain equivalent shall
equal--
(I) in the case of an adult beef
cow, 15.7 pounds of corn per day; or
(II) in the case of any other type
of weight of livestock, an amount
determined by the Secretary that
represents the average number of pounds
of corn per day necessary to feed the
livestock.
(iii) Corn price per pound.--For purposes of
clause (i)(III), the corn price per pound shall
equal the quotient obtained by dividing--
(I) the higher of--
(aa) the national average
corn price per bushel for the
12-month period immediately
preceding March 1 of the year
for which the disaster
assistance is calculated; or
(bb) the national average
corn price per bushel for the
24-month period immediately
preceding that March 1; by
(II) 56.
(D) Normal grazing period and drought monitor
intensity.--
(i) FSA county committee determinations.--
(I) In general.--The Secretary shall
determine the normal carrying capacity
and normal grazing period for each type
of grazing land or pastureland in the
county served by the applicable
committee.
[[Page 128 STAT. 701]]
(II) Changes.--No change to the
normal carrying capacity or normal
grazing period established for a county
under subclause (I) shall be made unless
the change is requested by the
appropriate State and county Farm
Service Agency committees.
(ii) Drought intensity.--
(I) D2.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by the
U.S. Drought Monitor as having a D2
(severe drought) intensity in any area
of the county for at least 8 consecutive
weeks during the normal grazing period
for the county, as determined by the
Secretary, shall be eligible to receive
assistance under this paragraph in an
amount equal to 1 monthly payment using
the monthly payment rate determined
under subparagraph (B).
(II) D3.--An eligible livestock
producer that owns or leases grazing
land or pastureland that is physically
located in a county that is rated by the
U.S. Drought Monitor as having at least
a D3 (extreme drought) intensity in any
area of the county at any time during
the normal grazing period for the
county, as determined by the Secretary,
shall be eligible to receive assistance
under this paragraph--
(aa) in an amount equal to 3
monthly payments using the
monthly payment rate determined
under subparagraph (B);
(bb) if the county is rated
as having a D3 (extreme drought)
intensity in any area of the
county for at least 4 weeks
during the normal grazing period
for the county, or is rated as
having a D4 (exceptional
drought) intensity in any area
of the county at any time during
the normal grazing period, in an
amount equal to 4 monthly
payments using the monthly
payment rate determined under
subparagraph (B); or
(cc) if the county is rated
as having a D4 (exceptional
drought) intensity in any area
of the county for at least 4
weeks during the normal grazing
period, in an amount equal to 5
monthly payments using the
monthly rate determined under
subparagraph (B).
(4) Assistance for losses due to fire on public managed
land.--
(A) In general.--An eligible livestock producer may
receive assistance under this paragraph only if--
(i) the grazing losses occur on rangeland that
is managed by a Federal agency; and
(ii) the eligible livestock producer is
prohibited by the Federal agency from grazing the
normal permitted livestock on the managed
rangeland due to a fire.
(B) Payment rate.--The payment rate for assistance
under this paragraph shall be equal to 50 percent of the
[[Page 128 STAT. 702]]
monthly feed cost for the total number of livestock
covered by the Federal lease of the eligible livestock
producer, as determined under paragraph (3)(C).
(C) Payment duration.--
(i) In general.--Subject to clause (ii), an
eligible livestock producer shall be eligible to
receive assistance under this paragraph for the
period--
(I) beginning on the date on which
the Federal agency excludes the eligible
livestock producer from using the
managed rangeland for grazing; and
(II) ending on the last day of the
Federal lease of the eligible livestock
producer.
(ii) Limitation.--An eligible livestock
producer may only receive assistance under this
paragraph for losses that occur on not more than
180 days per year.
(5) No duplicative payments.--An eligible livestock producer
may elect to receive assistance for grazing or pasture feed
losses due to drought conditions under paragraph (3) or fire
under paragraph (4), but not both for the same loss, as
determined by the Secretary.
(d) Emergency Assistance for Livestock, Honey Bees, and Farm-Raised
Fish.--
(1) In general.--For fiscal year 2012 and each succeeding
fiscal year, the Secretary shall use not more than $20,000,000
of the funds of the Commodity Credit Corporation to provide
emergency relief to eligible producers of livestock, honey bees,
and farm-raised fish to aid in the reduction of losses due to
disease (including cattle tick fever), adverse weather, or other
conditions, such as blizzards and wildfires, as determined by
the Secretary, that are not covered under subsection (b) or (c).
(2) Use of funds.--Funds made available under this
subsection shall be used to reduce losses caused by feed or
water shortages, disease, or other factors as determined by the
Secretary.
(3) Availability of funds.--Any funds made available under
this subsection shall remain available until expended.
(e) Tree Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible orchardist.--The term ``eligible
orchardist'' means a person that produces annual crops
from trees for commercial purposes.
(B) Natural disaster.--The term ``natural disaster''
means plant disease, insect infestation, drought, fire,
freeze, flood, earthquake, lightning, or other
occurrence, as determined by the Secretary.
(C) Nursery tree grower.--The term ``nursery tree
grower'' means a person who produces nursery,
ornamental, fruit, nut, or Christmas trees for
commercial sale, as determined by the Secretary.
(D) Tree.--The term ``tree'' includes a tree, bush,
and vine.
(2) Eligibility.--
(A) Loss.--Subject to subparagraph (B), for fiscal
year 2012 and each succeeding fiscal year, the Secretary
shall
[[Page 128 STAT. 703]]
use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance--
(i) under paragraph (3) to eligible
orchardists and nursery tree growers that planted
trees for commercial purposes but lost the trees
as a result of a natural disaster, as determined
by the Secretary; and
(ii) under paragraph (3)(B) to eligible
orchardists and nursery tree growers that have a
production history for commercial purposes on
planted or existing trees but lost the trees as a
result of a natural disaster, as determined by the
Secretary.
(B) Limitation.--An eligible orchardist or nursery
tree grower shall qualify for assistance under
subparagraph (A) only if the tree mortality of the
eligible orchardist or nursery tree grower, as a result
of damaging weather or related condition, exceeds 15
percent (adjusted for normal mortality).
(3) Assistance.--Subject to paragraph (4), the assistance
provided by the Secretary to eligible orchardists and nursery
tree growers for losses described in paragraph (2) shall consist
of--
(A)(i) reimbursement of 65 percent of the cost of
replanting trees lost due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
mortality (adjusted for normal mortality); or
(ii) at the option of the Secretary, sufficient
seedlings to reestablish a stand; and
(B) reimbursement of 50 percent of the cost of
pruning, removal, and other costs incurred by an
eligible orchardist or nursery tree grower to salvage
existing trees or, in the case of tree mortality, to
prepare the land to replant trees as a result of damage
or tree mortality due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
damage or mortality (adjusted for normal tree damage and
mortality).
(4) Limitations on assistance.--
(A) Definitions of legal entity and person.--In this
paragraph, the terms ``legal entity'' and ``person''
have the meaning given those terms in section 1001(a) of
the Food Security Act of 1985 (7 U.S.C. 1308(a)).
(B) Amount.--The total amount of payments received,
directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership) under
this subsection may not exceed $125,000 for any crop
year, or an equivalent value in tree seedlings.
(C) Acres.--The total quantity of acres planted to
trees or tree seedlings for which a person or legal
entity shall be entitled to receive payments under this
subsection may not exceed 500 acres.
(f) Payment Limitations.--
(1) Definitions of legal entity and person.--In this
subsection, the terms ``legal entity'' and ``person'' have the
meaning given those terms in section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308(a)).
(2) Amount.--The total amount of disaster assistance
payments received, directly or indirectly, by a person or legal
entity (excluding a joint venture or general partnership) under
[[Page 128 STAT. 704]]
this section (excluding payments received under subsection (e))
may not exceed $125,000 for any crop year.
(3) Direct attribution.--Subsections (e) and (f) of section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any
successor provisions relating to direct attribution shall apply
with respect to assistance provided under this section.
Subtitle F--Administration
SEC. 1601. <<NOTE: 7 USC 9091.>> ADMINISTRATION GENERALLY.
(a) Use of Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this title.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--
(1) In general.--Except as otherwise provided in this
subsection, not later than 90 days after the date of enactment
of this Act, the Secretary and the Commodity Credit Corporation,
as appropriate, shall promulgate such regulations as are
necessary to implement this title and the amendments made by
this title.
(2) Procedure.--The promulgation of the regulations and
administration of this title and the amendments made by this
title and sections 11003 and 11017 shall be made without regard
to--
(A) the notice and comment provisions of section 553
of title 5, United States Code;
(B) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act''); and
(C) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking.
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
(d) Adjustment Authority Related to Trade Agreements Compliance.--
(1) Required determination; adjustment.--If the Secretary
determines that expenditures under this title that are subject
to the total allowable domestic support levels under the Uruguay
Round Agreements (as defined in section 2 of the Uruguay Round
Agreements Act (19 U.S.C. 3501)) will exceed such allowable
levels for any applicable reporting period, the Secretary shall,
to the maximum extent practicable, make adjustments in the
amount of such expenditures during that period to ensure that
such expenditures do not exceed the allowable levels.
(2) Congressional notification.--Before making any
adjustment under paragraph (1), the Secretary shall submit to
the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the determination made under that
paragraph and the extent of the adjustment to be made.
[[Page 128 STAT. 705]]
SEC. 1602. <<NOTE: 7 USC 9092.>> SUSPENSION OF PERMANENT PRICE
SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions
of the Agricultural Adjustment Act of 1938 shall not be applicable to
the 2014 through 2018 crops of covered commodities (as defined in
section 1111), cotton, and sugar and shall not be applicable to milk
during the period beginning on the date of enactment of this Act through
December 31, 2018:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 2014 through
2018 crops of covered commodities (as defined in section 1111), cotton,
and sugar and shall not be applicable to milk during the period
beginning on the date of enactment of this Act and through December 31,
2018:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections
404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Suspension of Certain Quota Provisions.--The joint resolution
entitled ``A joint resolution relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act of 1938, as amended'',
approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable
to the crops of wheat planted for harvest in the calendar years 2014
through 2018.
SEC. 1603. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended by striking subsections (b) and (c) and
inserting the following:
``(b) Limitation on Payments for Covered Commodities (other Than
Peanuts).--The total amount of payments received, directly or
indirectly, by a person or legal entity (except a joint venture or
general partnership) for any crop year under sections 1116 and 1117 and
as marketing loan gains or loan deficiency payments under subtitle B of
title I of the Agricultural Act of 2014 (other than for peanuts) may not
exceed $125,000.
``(c) Limitation on Payments for Peanuts.--The total amount of
payments received, directly or indirectly, by a person or legal entity
(except a joint venture or general partnership) for any crop year under
sections 1116 and 1117 and as marketing loan gains or loan deficiency
payments under subtitle B of title I of the Agricultural Act of 2014 for
peanuts may not exceed $125,000.''.
(b) Conforming Amendments.--
[[Page 128 STAT. 706]]
(1) Limitation on applicability.--Section 1001(d) of the
Food Security Act of 1985 (7 U.S.C. 1308(d)) is amended by
striking ``the marketing assistance loan program or the loan
deficiency payment program under title I of the Food,
Conservation, and Energy Act of 2008'' and inserting ``the
forfeiture of a commodity pledged as collateral for a loan made
available under subtitle B of title I of the Agricultural Act of
2014''.
(2) Treatment of federal agencies and state and local
governments.--Section 1001(f) of the Food Security Act of 1985
(7 U.S.C. 1308(f)) is amended--
(A) in paragraph (5)(A), by striking ``or title
XII'' and inserting ``, title I of the Agricultural Act
of 2014, or title XII''; and
(B) in paragraph (6)(A), by striking ``or title
XII'' and inserting ``, title I of the Agricultural Act
of 2014, or title XII''.
(3) Foreign persons ineligible.--Section 1001C(a) of the
Food Security Act of 1985 (7 U.S.C. 1308-3(a)) is amended by
inserting ``title I of the Agricultural Act of 2014,'' after
``2008,''.
(c) <<NOTE: 7 USC 1308 note.>> Application.--The amendments made by
this section shall apply beginning with the 2014 crop year.
SEC. 1604. <<NOTE: 7 USC 1308-1 note.>> RULEMAKING RELATED TO
SIGNIFICANT CONTRIBUTION FOR ACTIVE
PERSONAL MANAGEMENT.
(a) Regulations Required.--Within 180 days after the date of the
enactment of this Act, the Secretary shall promulgate, with an
opportunity for notice and comment, regulations--
(1) to define the term ``significant contribution of active
personal management'' for purposes of section 1001A of the Food
Security Act of 1985 (7 U.S.C. 1308-1); and
(2) if the Secretary determines it is appropriate, to
establish limits for varying types of farming operations on the
number of individuals who may be considered to be actively
engaged in farming with respect to the farming operation when a
significant contribution of active personal management is the
basis used to meet the requirement of being actively engaged in
farming under section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1) by an individual or entity.
(b) Considerations.--In promulgating the regulations required under
subsection (a), the Secretary shall consider--
(1) the size, nature, and management requirements of each
type of farming operation;
(2) the changing nature of active personal management due to
advancements of farming operations; and
(3) the degree to which the regulations promulgated pursuant
to subsection (a) will adversely impact the long-term viability
of the farming operation.
(c) Family Farms.--The Secretary shall not apply the regulations
promulgated pursuant to subsection (a) to individuals or entities
comprised solely of family members (as that term is defined in section
1001(a)(2) of the Food Security Act of 1985 (7 U.S.C. 1308(a)(2))).
(d) Monitoring.--The regulations promulgated pursuant to subsection
(a) shall include a plan for monitoring the status of compliance reviews
for whether a person or entity is in compliance with the regulations.
[[Page 128 STAT. 707]]
(e) Paperwork Reduction.--In order to conserve Federal resources and
prevent unnecessary paperwork burdens, the Secretary shall ensure that
any additional paperwork required as a result of the regulations
promulgated pursuant to subsection (a) be limited to those persons who
are subject to such regulations.
(f) Relation to Other Requirements.--Nothing in this section may be
construed to authorize the Secretary to alter, directly or indirectly,
existing regulations for other requirements in section 1001A of the Food
Security Act of 1985 (7 U.S.C. 1308-1).
(g) Effective Date.--The requirements of any regulation promulgated
pursuant to this section shall apply beginning with the 2015 crop year.
SEC. 1605. ADJUSTED GROSS INCOME LIMITATION.
(a) Limitations and Covered Benefits.--Section 1001D(b) of the Food
Security Act of 1985 (7 U.S.C. 1308-3a(b)) is amended--
(1) in the subsection heading, by striking ``Limitations''
and inserting ``Limitations on Commodity and Conservation
Programs'';
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Limitation.--Notwithstanding any other provision of
law, a person or legal entity shall not be eligible to receive
any benefit described in paragraph (2) during a crop, fiscal, or
program year, as appropriate, if the average adjusted gross
income of the person or legal entity exceeds $900,000.
``(2) Covered benefits.--Paragraph (1) applies with respect
to the following:
``(A) A payment or benefit under subtitle A or E of
title I of the Agricultural Act of 2014.
``(B) A marketing loan gain or loan deficiency
payment under subtitle B of title I of the Agricultural
Act of 2014.
``(C) Starting with fiscal year 2015, a payment or
benefit under title II of the Agricultural Act of 2014,
title II of the Farm Security and Rural Investment Act
of 2002, title II of the Food, Conservation, and Energy
Act of 2008, or title XII of the Food Security Act of
1985.
``(D) A payment or benefit under section 524(b) of
the Federal Crop Insurance Act (7 U.S.C. 1524(b)).
``(E) A payment or benefit under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333).''.
(b) Updating Definitions.--Paragraph (1) of section 1001D(a) of the
Food Security Act of 1985 (7 U.S.C. 1308-3a(a)) is amended to read as
follows:
``(1) Average adjusted gross income.--In this section, the
term `average adjusted gross income', with respect to a person
or legal entity, means the average of the adjusted gross income
or comparable measure of the person or legal entity over the 3
taxable years preceding the most immediately preceding complete
taxable year, as determined by the Secretary.''.
(c) Income Determination.--Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
[[Page 128 STAT. 708]]
(d) Conforming Amendments.--Section 1001D of the Food Security Act
of 1985 (7 U.S.C. 1308-3a) is amended--
(1) in subsection (a)(2)--
(A) by striking ``subparagraph (A) or (B) of''; and
(B) by striking ``, the average adjusted gross farm
income, and the average adjusted gross nonfarm income'';
(2) in subsection (a)(3), by striking ``, average adjusted
gross farm income, and average adjusted gross nonfarm income''
both places it appears;
(3) in subsection (c) (as redesignated by subsection (c)(2)
of this section)--
(A) in paragraph (1), by striking ``, average
adjusted gross farm income, and average adjusted gross
nonfarm income'' both places it appears; and
(B) in paragraph (2), by striking ``paragraphs
(1)(C) and (2)(B) of subsection (b)'' and inserting
``subsection (b)(2)''; and
(4) in subsection (d) (as redesignated by subsection (c)(2)
of this section)--
(A) by striking ``paragraphs (1)(C) and (2)(B) of
subsection (b)'' and inserting ``subsection (b)(2)'';
and
(B) by striking ``, average adjusted gross farm
income, or average adjusted gross nonfarm income''.
(e) Effective Period.--Subsection (e) of section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a), as redesignated by subsection
(c)(2) of this section, is repealed.
(f) Limitation on Applicability.--Section 1001(d) of the Food
Security Act of 1985 (7 U.S.C. 1308) is amended by inserting before the
period at the end the following: ``or title I of the Agricultural Act of
2014''.
(g) <<NOTE: 7 USC 1308-3a note.>> Transition.--Section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308-3a), as in effect on the day
before the date of the enactment of this Act, shall apply with respect
to the 2013 crop, fiscal, or program year, as appropriate, for each
program described in paragraphs (1)(C) and (2)(B) of subsection (b) of
that section (as so in effect on that day).
SEC. 1606. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.
Section 1621(d) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8792(d)) is amended by striking ``each of fiscal years 2009
through 2012'' and inserting ``fiscal year 2009 and each succeeding
fiscal year''.
SEC. 1607. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
Section 164 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7284) is amended by striking ``and title I of the Food,
Conservation, and Energy Act of 2008'' each place it appears and
inserting ``title I of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8702 et seq.), and title I of the Agricultural Act of 2014''.
SEC. 1608. <<NOTE: 7 USC 9093.>> 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,
[[Page 128 STAT. 709]]
with the Commissioner of Social Security to determine if the individuals
are alive.
(b) Preclusion.--The Secretary shall preclude the issuance of
payments to, and on behalf of, deceased individuals that were not
eligible for payments.
SEC. 1609. TECHNICAL CORRECTIONS.
(a) Missing Punctuation.--Section 359f(c)(1)(B) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(B)) is amended by adding a
period at the end.
(b) Erroneous Cross Reference.--
(1) Amendment.--Section 1603(g) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246; 122 Stat.
1739) <<NOTE: 7 USC 1471g, 1524, 8204; 16 USC 2106a; 19 USC
2401.>> is amended in paragraphs (2) through (6) and the
amendments made by those paragraphs by striking ``1703(a)'' each
place it appears and inserting ``1603(a)''.
(2) <<NOTE: 7 USC 1471g note.>> Effective date.--This
subsection and the amendments made by this subsection take
effect as if included in the Food, Conservation, and Energy Act
of 2008 (Public Law 110-246; 122 Stat. 1651).
(c) Continued Applicability of Appropriations General Provision.--
Section 767 of division A of Public Law 108-7 (7 U.S.C. 7911 note; 117
Stat. 48) is amended--
(1) by striking ``(a)'';
(2) by striking ``sections 1101 and 1102 of Public Law 107-
171'' and inserting ``subtitle A of title I of the Agricultural
Act of 2014''; and
(3) by striking ``such section 1102'' and inserting ``such
subtitle''; and
(4) by striking subsection (b).
SEC. 1610. APPEALS.
(a) Direction, Control, and Support.--Section 272 of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6992) is amended by
striking subsection (c) and inserting the following:
``(c) Direction, Control, and Support.--
``(1) Direction and control.--
``(A) In general.--Except as provided in paragraph
(2), the Director shall be free from the direction and
control of any person other than the Secretary or the
Deputy Secretary of Agriculture.
``(B) Administrative support.--The Division shall
not receive administrative support (except on a
reimbursable basis) from any agency other than the
Office of the Secretary.
``(C) Prohibition on delegation.--The Secretary may
not delegate to any other officer or employee of the
Department, other than the Deputy Secretary of
Agriculture or the Director, the authority of the
Secretary with respect to the Division.
``(2) Exception.--The Assistant Secretary for Administration
is authorized to investigate, enforce, and implement the
provisions in law, Executive order, or regulations that relate
in general to competitive and excepted service positions and
employment within the Division, including the position of
Director, and such authority may be further delegated to
subordinate officials.''.
[[Page 128 STAT. 710]]
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
(1) in the matter preceding paragraph (1) by striking
``affect--'' and inserting ``affect:'';
(2) by striking ``the authority'' each place it appears in
paragraphs (1) through (7) and inserting ``The authority'';
(3) by striking the semicolon at the end of each of
paragraphs (1) through (5) and inserting a period;
(4) in paragraph (6)(C), by striking ``; or'' at the end and
inserting a period; and
(5) by adding at the end the following:
``(8) The authority of the Secretary to carry out amendments
made to this title by the Agricultural Act of 2014.''.
SEC. 1611. <<NOTE: 7 USC 9094.>> 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.
SEC. 1612. <<NOTE: 7 USC 9095.>> 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.
SEC. 1613. <<NOTE: 7 USC 9096.>> 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, general partnership, or joint venture, or the documents relied
upon were determined inadequate or invalid, unless the person signing
the program document knowingly and willfully falsified the evidence of
signature authority or a signature.
(b) Affirmation.--
(1) In general.--Nothing in this section prohibits the
Secretary from asking a proper party to affirm any document that
otherwise would be considered approved under subsection (a).
(2) No retroactive effect.--A denial of benefits based on a
lack of affirmation under paragraph (1) shall not be retroactive
with respect to third-party producers who were not the subject
of the erroneous representation of authority, if the third-party
producers--
(A) relied on the prior approval by the Secretary of
the documents in good faith; and
(B) substantively complied with all program
requirements.
[[Page 128 STAT. 711]]
SEC. 1614. <<NOTE: 7 USC 9097.>> IMPLEMENTATION.
(a) Maintenance of Base Acres and Payment Yields.--The Secretary
shall maintain, for each covered commodity and upland cotton, base acres
and payment yields on a farm established under sections 1001 and 1301 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702, 8751), as
adjusted pursuant to sections 1101, 1102, 1108, and 1302 of such Act (7
U.S.C. 8711, 8712, 8718, 8752), as in effect on September 30, 2013.
(b) Streamlining.--In implementing this title, the Secretary shall--
(1) reduce administrative burdens and costs to producers by
streamlining and reducing paperwork, forms, and other
administrative requirements, including through the
implementation of the Acreage Crop Reporting and Streamlining
Initiative that, in part, shall ensure that--
(A) a producer (or an agent of a producer) may
report information, electronically (including geospatial
data) or conventionally, to the Department; and
(B) upon the request of the producer (or agent
thereof) the Department of Agriculture electronically
shares with the producer (or agent) in real time and
without cost to the producer (or agent) the common land
unit data, related farm level data, and other
information of the producer;
(2) improve coordination, information sharing, and
administrative work with the Farm Service Agency, Risk
Management Agency, and the Natural Resources Conservation
Service; and
(3) take advantage of new technologies to enhance efficiency
and effectiveness of program delivery to producers.
(c) Implementation.--
(1) In general.--The Secretary shall make available to the
Farm Service Agency to carry out this title $100,000,000.
(2) Additional funds.--
(A) Initial determination.--If, by September 30,
2014, the Secretary notifies the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate that the Farm Service Agency has made substantial
progress toward implementing the requirements of
subsection (b)(1), the Secretary shall make available to
the Farm Service Agency to carry out this title
$10,000,000 on October 1, 2014. The amount made
available under this subparagraph is in addition to the
amount made available under paragraph (1).
(B) Subsequent determination.--If, by September 30,
2015, the Secretary notifies the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate that the requirements of subsection (b)(1) have
been fully implemented and those Committees provide
written concurrence to the Secretary, the Secretary
shall make available to the Farm Service Agency to carry
out this title $10,000,000 on the date the written
concurrence is provided or October 1, 2015, whichever is
later. The amount made available under this subparagraph
is in addition to the amount made available under
paragraph (1) and any amount made available under
subparagraph (A).
(3) Producer education.--
[[Page 128 STAT. 712]]
(A) In general.--Of the funds made available under
paragraph (1), the Secretary shall provide $3,000,000 to
State extension services for the purpose of educating
farmers and ranchers on the options made available under
subtitles A, D, and E of this title and under section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
(B) Web-based decision aids.--
(i) Use of qualified universities.--Of the
funds made available under paragraph (1), the
Secretary shall use $3,000,000 to support
qualified universities (or university-based
organizations) that represent a diversity of
regions and commodities (including dairy), possess
expertise regarding the programs authorized by
this Act, have a history in the development of
decision aids and producer outreach initiatives
regarding farm risk management programs, and are
able to meet the deadline established pursuant to
clause (ii) to develop web-based decision aids to
assist producers in understanding available
options described in subparagraph (A) and to train
producers to use these decision aids.
(ii) Deadlines.--To the maximum extent
practicable, the Secretary shall--
(I) obligate the funds made
available under clause (i) within 30
days after the date of the enactment of
this Act; and
(II) require the products described
in clause (i) to be made available to
producers on the internet within a
reasonable period of time, as determined
by the Secretary, after the
implementation of the first rule
implementing programs required under
subtitle A of this title.
(d) Loan Implementation.--
(1) In general.--In any crop year in which an order is
issued pursuant 2 U.S.C. 901(a), the Secretary shall use such
sums as necessary of the funds of the Commodity Credit
Corporation for such crop year to fully restore the support,
loan, or assistance that is otherwise required under subtitles B
or C of this title or under the amendments made by subtitles B
or C, except with respect to the assistance provided under
sections 1207(c) and 1208.
(2) Repayment.--In carrying out this subsection, the
Secretary shall ensure that when a producer repays a loan at a
rate equal to the loan rate plus interest in accordance with the
repayment provisions of subtitles B or C that the repayment
amount shall include the portion of the loan amount provided
under paragraph (1), except that this paragraph shall not affect
or reduce marketing loan gains, loan deficiency payments, or
forfeiture benefits provided for under subtitles B or C and as
supplemented in accordance with paragraph (1).
SEC. 1615. RESEARCH OPTION.
(a) In General.--Notwithstanding section 4(m) of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714b(m)), funds of the
Commodity Credit Corporation disbursed pursuant to the memorandum of
understanding between the Government of the
[[Page 128 STAT. 713]]
United States of America and the Government of the Federative Republic
of Brazil regarding a fund for technical assistance and capacity
building with respect to dispute WT/DS 267 in the World Trade
Organization may, upon resolution of the dispute, be used for research
consistent with the conditions imposed by subsection (b).
(b) Conditions.--Research authorized by subsection (a) must be
conducted in collaboration with research agencies of the United States
Department of Agriculture or with a college, university, or research
foundation located in the United States. Such research and collaboration
shall be subject to the agreement of the parties to the resolved dispute
described in subsection (a).
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS OF CONSERVATION
RESERVE PROGRAM.
(a) Extension.--Section 1231(a) of the Food Security Act of 1985 (16
U.S.C. 3831(a)) is amended by striking ``2012'' and inserting ``2018''.
(b) Eligible Land.--Section 1231(b) of the Food Security Act of 1985
(16 U.S.C. 3831(b)) is amended--
(1) in paragraph (1)(B), by striking ``the date of enactment
of the Food, Conservation, and Energy Act of 2008'' and
inserting ``the date of enactment of the Agricultural Act of
2014'';
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(3) by inserting before paragraph (4) the following new
paragraph:
``(3) grasslands that--
``(A) contain forbs or shrubland (including improved
rangeland and pastureland) for which grazing is the
predominant use;
``(B) are located in an area historically dominated
by grasslands; and
``(C) could provide habitat for animal and plant
populations of significant ecological value if the land
is retained in its current use or restored to a natural
condition;'';
(4) in paragraph (4)(C), by striking ``filterstrips devoted
to trees or shrubs'' and inserting ``filterstrips or riparian
buffers devoted to trees, shrubs, or grasses''; and
(5) by striking paragraph (5) and inserting the following
new paragraph:
``(5) the portion of land in a field not enrolled in the
conservation reserve in a case in which--
``(A) more than 50 percent of the land in the field
is enrolled as a buffer or filterstrip, or more than 75
percent of the land in the field is enrolled as a
conservation practice other than as a buffer or
filterstrip; and
``(B) the remainder of the field is--
``(i) infeasible to farm; and
``(ii) enrolled at regular rental rates.''.
[[Page 128 STAT. 714]]
(c) Planting Status of Certain Land.--Section 1231(c) of the Food
Security Act of 1985 (16 U.S.C. 3831(c)) is amended by striking ``if''
and all that follows through the period at the end and inserting ``if,
during the crop year, the land was devoted to a conserving use.''.
(d) Enrollment.--Subsection (d) of section 1231 of the Food Security
Act of 1985 (16 U.S.C. 3831) is amended to read as follows:
``(d) Enrollment.--
``(1) Maximum acreage enrolled.--The Secretary may maintain
in the conservation reserve at any one time during--
``(A) fiscal year 2014, no more than 27,500,000
acres;
``(B) fiscal year 2015, no more than 26,000,000
acres;
``(C) fiscal year 2016, no more than 25,000,000
acres;
``(D) fiscal year 2017, no more than 24,000,000
acres; and
``(E) fiscal year 2018, no more than 24,000,000
acres.
``(2) Grasslands.--
``(A) Limitation.--For purposes of applying the
limitations in paragraph (1), no more than 2,000,000
acres of the land described in subsection (b)(3) may be
enrolled in the program at any one time during the 2014
through 2018 fiscal years.
``(B) Priority.--In enrolling acres under
subparagraph (A), the Secretary may give priority to
land with expiring conservation reserve program
contracts.
``(C) Method of enrollment.--In enrolling acres
under subparagraph (A), the Secretary shall make the
program available to owners or operators of eligible
land on a continuous enrollment basis with one or more
ranking periods.''.
(e) Duration of Contract.--Section 1231(e) of the Food Security Act
of 1985 (16 U.S.C. 3831(e)) is amended by striking paragraphs (2) and
(3) and inserting the following new paragraph:
``(2) Special rule for certain land.--In the case of land
devoted to hardwood trees, shelterbelts, windbreaks, or wildlife
corridors under a contract entered into under this subchapter,
the owner or operator of the land may, within the limitations
prescribed under paragraph (1), specify the duration of the
contract.''.
(f) Conservation Priority Areas.--Section 1231(f) of the Food
Security Act of 1985 (16 U.S.C. 3831(f)) is amended--
(1) in paragraph (1), by striking ``watershed areas of the
Chesapeake Bay Region, the Great Lakes Region, the Long Island
Sound Region, and other'';
(2) in paragraph (2), by striking ``Watersheds.--
Watersheds'' and inserting ``Areas.--Areas''; and
(3) in paragraph (3), by striking ``a watershed's
designation--'' and all that follows through the period at the
end and inserting ``an area's designation if the Secretary finds
that the area no longer contains actual and significant adverse
water quality or habitat impacts related to agricultural
production activities.''.
SEC. 2002. FARMABLE WETLAND PROGRAM.
(a) Extension.--Section 1231B(a)(1) of the Food Security Act of 1985
(16 U.S.C. 3831b(a)(1)) is amended--
(1) by striking ``2012'' and inserting ``2018''; and
[[Page 128 STAT. 715]]
(2) by striking ``a program'' and inserting ``a farmable
wetland program''.
(b) Eligible Acreage.--Section 1231B(b)(1)(B) of the Food Security
Act of 1985 (16 U.S.C. 3831b(b)(1)(B)) is amended by striking ``flow
from a row crop agriculture drainage system'' and inserting ``surface
and subsurface flow from row crop agricultural production''.
(c) Acreage Limitation.--Section 1231B(c)(1)(B) of the Food Security
Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) is amended by striking
``1,000,000'' and inserting ``750,000''.
(d) Clerical Amendments.--Section 1231B of the Food Security Act of
1985 (16 U.S.C. 3831b) is amended--
(1) by striking the heading and inserting the following:
``farmable wetland program''; and
(2) in subsection (f)(2), by striking ``section
1234(c)(2)(B)'' and inserting ``section 1234(d)(2)(A)(ii)''.
SEC. 2003. DUTIES OF OWNERS AND OPERATORS.
(a) Limitation on Harvesting, Grazing, or Commercial Use of
Forage.--Section 1232(a)(8) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(8)) is amended by striking ``except that'' and all that follows
through the semicolon at the end of the paragraph and inserting ``except
as provided in subsection (b) or (c) of section 1233;''.
(b) Conservation Plan Requirements.--Subsection (b) of section 1232
of the Food Security Act of 1985 (16 U.S.C. 3832) is amended to read as
follows:
``(b) Conservation Plans.--The plan referred to in subsection (a)(1)
shall set forth--
``(1) the conservation measures and practices to be carried
out by the owner or operator during the term of the contract;
and
``(2) the commercial use, if any, to be permitted on the
land during the term.''.
(c) Rental Payment Reduction.--Section 1232 of the Food Security Act
of 1985 (16 U.S.C. 3832) is amended by striking subsection (d).
SEC. 2004. DUTIES OF THE SECRETARY.
Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is
amended to read as follows:
``SEC. 1233. DUTIES OF THE SECRETARY.
``(a) Cost-Share and Rental Payments.--In return for a contract
entered into by an owner or operator under the conservation reserve
program, the Secretary shall--
``(1) share the cost of carrying out the conservation
measures and practices set forth in the contract for which the
Secretary determines that cost sharing is appropriate and in the
public interest; and
``(2) for a period of years not in excess of the term of the
contract, pay an annual rental payment in an amount necessary to
compensate for--
``(A) the conversion of highly erodible cropland or
other eligible lands normally devoted to the production
of an agricultural commodity on a farm or ranch to a
less intensive use;
[[Page 128 STAT. 716]]
``(B) the retirement of any base history that the
owner or operator agrees to retire permanently; and
``(C) the development and management of grasslands
for multiple natural resource conservation benefits,
including to soil, water, air, and wildlife.
``(b) Specified Activities Permitted.--The Secretary shall permit
certain activities or commercial uses of land that is subject to a
contract under the conservation reserve program if those activities or
uses are consistent with a plan approved by the Secretary and include--
``(1) harvesting, grazing, or other commercial use of the
forage in response to a drought, flooding, or other emergency,
without any reduction in the rental rate;
``(2) consistent with the conservation of soil, water
quality, and wildlife habitat (including habitat during primary
nesting seasons for birds in the area), and in exchange for a
reduction of not less than 25 percent in the annual rental rate
for the acres covered by the authorized activity, managed
harvesting and other commercial use (including the managed
harvesting of biomass), except that in permitting those
activities, the Secretary, in coordination with the State
technical committee--
``(A) shall develop appropriate vegetation
management requirements; and
``(B) shall identify periods during which the
activities may be conducted, such that the frequency is
at least every 5 but not more than once every 3 years;
``(3) subject to appropriate restrictions during the nesting
season for birds in the local area that are economically
significant, in significant decline, or conserved in accordance
with Federal or State law, as determined by the Secretary in
consultation with the State technical committee, and in exchange
for a reduction of not less than 25 percent in the annual rental
rate for the acres covered by the authorized activity--
``(A) prescribed grazing for the control of invasive
species, which may be conducted annually;
``(B) routine grazing, except that in permitting
such routine grazing, the Secretary, in coordination
with the State technical committee--
``(i) shall develop appropriate vegetation
management requirements and stocking rates for the
land that are suitable for continued routine
grazing; and
``(ii) shall identify the periods during which
routine grazing may be conducted, such that the
frequency is not more than once every 2 years,
taking into consideration regional differences
such as--
``(I) climate, soil type, and
natural resources;
``(II) the number of years that
should be required between routine
grazing activities; and
``(III) how often during a year in
which routine grazing is permitted that
routine grazing should be allowed to
occur; and
``(C) the installation of wind turbines and
associated access, except that in permitting the
installation of wind turbines, the Secretary shall
determine the number and location of wind turbines that
may be installed, taking into account--
[[Page 128 STAT. 717]]
``(i) the location, size, and other physical
characteristics of the land;
``(ii) the extent to which the land contains
threatened or endangered wildlife and wildlife
habitat; and
``(iii) the purposes of the conservation
reserve program under this subchapter;
``(4) the intermittent and seasonal use of vegetative buffer
practices incidental to agricultural production on lands
adjacent to the buffer such that the permitted use does not
destroy the permanent vegetative cover; and
``(5) grazing by livestock of a beginning farmer or rancher
without any reduction in the rental rate, if the grazing is--
``(A) consistent with the conservation of soil,
water quality, and wildlife habitat;
``(B) subject to appropriate restrictions during the
nesting season for birds in the local area that are
economically significant, in significant decline, or
conserved in accordance with Federal or State law, as
determined by the Secretary in consultation with the
State technical committee; and
``(C) described in subparagraph (A) or (B) of
paragraph (3).
``(c) Authorized Activities on Grasslands.--For eligible land
described in section 1231(b)(3), the Secretary shall permit the
following activities:
``(1) Common grazing practices, including maintenance and
necessary cultural practices, on the land in a manner that is
consistent with maintaining the viability of grassland, forb,
and shrub species appropriate to that locality.
``(2) Haying, mowing, or harvesting for seed production,
subject to appropriate restrictions during the nesting season
for birds in the local area that are economically significant,
in significant decline, or conserved in accordance with Federal
or State law, as determined by the Secretary in consultation
with the State technical committee.
``(3) Fire presuppression, fire-related rehabilitation, and
construction of fire breaks.
``(4) Grazing-related activities, such as fencing and
livestock watering.
``(d) Resource Conserving Use.--
``(1) In general.--Beginning on the date that is 1 year
before the date of termination of a contract under the program,
the Secretary shall allow an owner or operator to make
conservation and land improvements for economic use that
facilitate maintaining protection of enrolled land after
expiration of the contract.
``(2) Conservation plan.--The Secretary shall require an
owner or operator carrying out the activities described in
paragraph (1) to develop and implement a conservation plan.
``(3) Re-enrollment prohibited.--Land improved under
paragraph (1) may not be re-enrolled in the conservation reserve
program for 5 years after the date of termination of the
contract.
``(4) Payment reduction.--In the case of an activity carried
out under paragraph (1), the Secretary shall reduce the payment
otherwise payable under the contract by an amount commensurate
with the economic value of the activity.''.
[[Page 128 STAT. 718]]
SEC. 2005. <<NOTE: 16 USC 3834.>> PAYMENTS.
(a) Trees, Windbreaks, Shelterbelts, and Wildlife Corridors.--
Section 1234(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C.
3834(b)(3)(A)) is amended to read as follows:
``(A) Applicability.--This paragraph applies to land
devoted to the production of hardwood trees, windbreaks,
shelterbelts, or wildlife corridors under a contract
entered into under this subchapter after November 28,
1990.''.
(b) Incentives for Thinning.--Section 1234 of the Food Security Act
of 1985 (16 U.S.C. 3834) is amended--
(1) in subsection (b)--
(A) in the heading, by striking ``Federal Percentage
of''; and
(B) in paragraph (3)(B)--
(i) in clause (i), by striking ``or
thinning''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) Duration.--The Secretary shall make
payments as described in clause (i) for a period
of not less than 2 years, but not more than 4
years, beginning on the date of the planting of
the trees or shrubs.'';
(2) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Incentive Payments.--
``(1) In general.--The Secretary may make incentive payments
to an owner or operator of eligible land in an amount sufficient
to encourage proper thinning and other practices to improve the
condition of resources, promote forest management, or enhance
wildlife habitat on the land.
``(2) Limitation.--A payment described in paragraph (1) may
not exceed 150 percent of the total cost of thinning and other
practices conducted by the owner or operator.''.
(c) Annual Rental Payments.--Section 1234(d) of the Food Security
Act of 1985 (as redesignated by subsection (b)(2)) is amended--
(1) in paragraph (1), by inserting ``or other eligible
lands'' after ``highly erodible cropland'' both places it
appears;
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Methods of determination.--
``(A) In general.--The amounts payable to owners or
operators in the form of rental payments under contracts
entered into under this subchapter may be determined
through--
``(i) the submission of bids for such
contracts by owners and operators in such manner
as the Secretary may prescribe; or
``(ii) such other means as the Secretary
determines are appropriate.
``(B) Grasslands.--In the case of eligible land
described in section 1231(b)(3), the Secretary shall
make annual payments in an amount that is not more than
75 percent of the grazing value of the land covered by
the contract.''; and
(3) in paragraph (5)--
[[Page 128 STAT. 719]]
(A) in subparagraph (A), by striking ``conduct an
annual survey'' and inserting ``, not less frequently
than once every other year, conduct a survey'';
(B) in subparagraph (B), by striking ``annual''; and
(C) by adding at the end the following:
``(C) Use.--The Secretary may use the estimates
derived from the survey conducted under subparagraph (A)
relating to dryland cash rental rates as a factor in
determining rental rates under this section in a manner
determined appropriate by the Secretary.''.
(d) Payment Schedule.--Subsection (e) of section 1234 of the Food
Security Act of 1985 (as redesignated by subsection (b)(2)) is amended
to read as follows:
``(e) Payment Schedule.--
``(1) In general.--Except as otherwise provided in this
section, payments under this subchapter shall be made in cash in
such amount and on such time schedule as is agreed on and
specified in the contract.
``(2) Advance payment.--Payments under this subchapter may
be made in advance of determination of performance.''.
(e) Payment Limitation.--Section 1234(g) of the Food Security Act of
1985 (as redesignated by subsection (b)(2)) is amended--
(1) in paragraph (1), by striking ``, including rental
payments made in the form of in-kind commodities,'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 2006. CONTRACT REQUIREMENTS.
(a) Early Termination by Owner or Operator.--Section 1235(e) of the
Food Security Act of 1985 (16 U.S.C. 3835(e)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``The Secretary'' and inserting
``During fiscal year 2015, the Secretary''; and
(B) by striking ``before January 1, 1995,'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) Land devoted to hardwood trees.
``(D) Wildlife habitat, duck nesting habitat,
pollinator habitat, upland bird habitat buffer, wildlife
food plots, State acres for wildlife enhancement,
shallow water areas for wildlife, and rare and declining
habitat.
``(E) Farmable wetland and restored wetland.
``(F) Land that contains diversions, erosion control
structures, flood control structures, contour grass
strips, living snow fences, salinity reducing
vegetation, cross wind trap strips, and sediment
retention structures.
``(G) Land located within a federally designated
wellhead protection area.
``(H) Land that is covered by an easement under the
conservation reserve program.
``(I) Land located within an average width,
according to the applicable Natural Resources
Conservation Service field office technical guide, of a
perennial stream or permanent water body.
``(J) Land enrolled under the conservation reserve
enhancement program.''; and
[[Page 128 STAT. 720]]
(3) in paragraph (3), by striking ``60 days after the date
on which the owner or operator submits the notice required under
paragraph (1)(C)'' and inserting ``upon approval by the
Secretary''.
(b) Transition Option for Certain Farmers or Ranchers.--Section
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Duties'' and all that follows through ``a
beginning farmer or rancher or'' and inserting
``Transition to covered farmer or rancher.--In the case
of a contract modification approved in order to
facilitate the transfer of land subject to a contract
from a retired farmer or rancher to a beginning farmer
or rancher, a veteran farmer or rancher (as defined in
section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e))), or a'';
(B) in subparagraph (A)(i), by inserting ``,
including preparing to plant an agricultural crop''
after ``improvements'';
(C) in subparagraph (D), by striking ``the farmer or
rancher'' and inserting ``the covered farmer or
rancher''; and
(D) in subparagraph (E), by striking ``section
1001A(b)(3)(B)'' and inserting ``section 1001''; and
(2) in paragraph (2), by striking ``requirement of section
1231(h)(4)(B)'' and inserting ``option pursuant to section
1234(d)(2)(A)(ii)''.
(c) Final Year Contract.--Section 1235 of the Food Security Act of
1985 (16 U.S.C. 3835) is amended by adding at the end the following new
subsections:
``(g) Final Year of Contract.--The Secretary shall not consider an
owner or operator to be in violation of a term or condition of the
conservation reserve contract if--
``(1) during the year prior to expiration of the contract,
the land is enrolled in the conservation stewardship program;
and
``(2) the activity required under the conservation
stewardship program pursuant to such enrollment is consistent
with this subchapter.
``(h) Land Enrolled in Agricultural Conservation Easement Program.--
The Secretary may terminate or modify a contract entered into under this
subchapter if eligible land that is subject to such contract is
transferred into the agricultural conservation easement program under
subtitle H.''.
SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER
CONSERVING USES.
Section 1235A of the Food Security Act of 1985 (16 U.S.C. 3835a) is
repealed.
SEC. 2008. <<NOTE: 16 USC 3831 note.>> EFFECT ON EXISTING
CONTRACTS.
(a) In General.--Except as provided in paragraph (2), the amendments
made by this subtitle shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under subchapter B
of chapter 1 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3831 et seq.) before the
[[Page 128 STAT. 721]]
date of enactment of the Agricultural Act of 2014, or any payments
required to be made in connection with the contract.
(b) Updating of Existing Contracts.--The Secretary shall permit an
owner or operator of land subject to a contract entered into under
subchapter B of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.) before the date of
enactment of the Agricultural Act of 2014, to update the contract to
reflect the activities and uses of land under contract permitted under
the terms and conditions of section 1233(b) of that Act (as amended by
section 2004), as determined appropriate by the Secretary.
Subtitle B--Conservation Stewardship Program
SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM.
(a) Revision of Current Program.--Subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3838d et seq.) is amended to read as follows:
``Subchapter B--Conservation Stewardship Program
``SEC. 1238D. <<NOTE: 16 USC 3838d.>> DEFINITIONS.
``In this subchapter:
``(1) Agricultural operation.--The term `agricultural
operation' means all eligible land, whether or not contiguous,
that is--
``(A) under the effective control of a producer at
the time the producer enters into a contract under the
program; and
``(B) operated with equipment, labor, management,
and production or cultivation practices that are
substantially separate from other agricultural
operations, as determined by the Secretary.
``(2) Conservation activities.--
``(A) In general.--The term `conservation
activities' means conservation systems, practices, or
management measures.
``(B) Inclusions.--The term `conservation
activities' includes--
``(i) structural measures, vegetative
measures, and land management measures, including
agriculture drainage management systems, as
determined by the Secretary; and
``(ii) planning needed to address a priority
resource concern.
``(3) Conservation stewardship plan.--The term `conservation
stewardship plan' means a plan that--
``(A) identifies and inventories priority resource
concerns;
``(B) establishes benchmark data and conservation
objectives;
``(C) describes conservation activities to be
implemented, managed, or improved; and
[[Page 128 STAT. 722]]
``(D) includes a schedule and evaluation plan for
the planning, installation, and management of the new
and existing conservation activities.
``(4) Eligible land.--
``(A) In general.--The term `eligible land' means--
``(i) private or tribal land on which
agricultural commodities, livestock, or forest-
related products are produced; and
``(ii) lands associated with the land
described in clause (i) on which priority resource
concerns could be addressed through a contract
under the program.
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) grassland;
``(iii) rangeland;
``(iv) pasture land;
``(v) nonindustrial private forest land; and
``(vi) other land in agricultural areas
(including cropped woodland, marshes, and
agricultural land used or capable of being used
for the production of livestock), as determined by
the Secretary.
``(5) Priority resource concern.--The term `priority
resource concern' means a natural resource concern or problem,
as determined by the Secretary, that--
``(A) is identified at the national, State, or local
level as a priority for a particular area of a State;
``(B) represents a significant concern in a State or
region; and
``(C) is likely to be addressed successfully through
the implementation of conservation activities under this
program.
``(6) Program.--The term `program' means the conservation
stewardship program established by this subchapter.
``(7) Stewardship threshold.--The term `stewardship
threshold' means the level of management required, as determined
by the Secretary, to conserve and improve the quality and
condition of a natural resource.
``SEC. 1238E. <<NOTE: 16 USC 3838e.>> CONSERVATION STEWARDSHIP
PROGRAM.
``(a) Establishment and Purpose.--During each of fiscal years 2014
through 2018, the Secretary shall carry out a conservation stewardship
program to encourage producers to address priority resource concerns and
improve and conserve the quality and condition of natural resources in a
comprehensive manner--
``(1) by undertaking additional conservation activities; and
``(2) by improving, maintaining, and managing existing
conservation activities.
``(b) Exclusions.--
``(1) Land enrolled in other conservation programs.--Subject
to paragraph (2), the following land (even if covered by the
definition of eligible land) is not eligible for enrollment in
the program:
``(A) Land enrolled in the conservation reserve
program, unless--
``(i) the conservation reserve contract will
expire at the end of the fiscal year in which the
land is to be enrolled in the program; and
[[Page 128 STAT. 723]]
``(ii) conservation reserve program payments
for land enrolled in the program cease before the
first program payment is made to the applicant
under this subchapter.
``(B) Land enrolled in a wetland reserve easement
through the agricultural conservation easement program.
``(C) Land enrolled in the conservation security
program.
``(2) Conversion to cropland.--Eligible land used for crop
production after the date of enactment of the Agricultural Act
of 2014, that had not been planted, considered to be planted, or
devoted to crop production for at least 4 of the 6 years
preceding that date shall not be the basis for any payment under
the program, unless the land does not meet such requirement
because--
``(A) the land had previously been enrolled in the
conservation reserve program;
``(B) the land has been maintained using long-term
crop rotation practices, as determined by the Secretary;
or
``(C) the land is incidental land needed for
efficient operation of the farm or ranch, as determined
by the Secretary.
``SEC. 1238F. <<NOTE: 16 USC 3838f.>> STEWARDSHIP CONTRACTS.
``(a) Submission of Contract Offers.--To be eligible to participate
in the conservation stewardship program, a producer shall submit to the
Secretary a contract offer for the agricultural operation that--
``(1) demonstrates to the satisfaction of the Secretary that
the producer, at the time of the contract offer, meets or
exceeds the stewardship threshold for at least 2 priority
resource concerns; and
``(2) would, at a minimum, meet or exceed the stewardship
threshold for at least 1 additional priority resource concern by
the end of the stewardship contract by--
``(A) installing and adopting additional
conservation activities; and
``(B) improving, maintaining, and managing existing
conservation activities across the entire agricultural
operation in a manner that increases or extends the
conservation benefits in place at the time the contract
offer is accepted by the Secretary.
``(b) Evaluation of Contract Offers.--
``(1) Ranking of applications.--In evaluating contract
offers submitted under subsection (a), the Secretary shall rank
applications based on--
``(A) the level of conservation treatment on all
applicable priority resource concerns at the time of
application;
``(B) the degree to which the proposed conservation
activities effectively increase conservation
performance;
``(C) the number of applicable priority resource
concerns proposed to be treated to meet or exceed the
stewardship threshold by the end of the contract;
[[Page 128 STAT. 724]]
``(D) the extent to which other priority resource
concerns will be addressed to meet or exceed the
stewardship threshold by the end of the contract period;
``(E) the extent to which the actual and anticipated
conservation benefits from the contract are provided at
the least cost relative to other similarly beneficial
contract offers; and
``(F) the extent to which priority resource concerns
will be addressed when transitioning from the
conservation reserve program to agricultural production.
``(2) Prohibition.--The Secretary may not assign a higher
priority to any application because the applicant is willing to
accept a lower payment than the applicant would otherwise be
eligible to receive.
``(3) Additional criteria.--The Secretary may develop and
use such additional criteria that the Secretary determines are
necessary to ensure that national, State, and local priority
resource concerns are effectively addressed.
``(c) Entering Into Contracts.--After a determination that a
producer is eligible for the program under subsection (a), and a
determination that the contract offer ranks sufficiently high under the
evaluation criteria under subsection (b), the Secretary shall enter into
a conservation stewardship contract with the producer to enroll the
eligible land to be covered by the contract.
``(d) Contract Provisions.--
``(1) Term.--A conservation stewardship contract shall be
for a term of 5 years.
``(2) Required provisions.--The conservation stewardship
contract of a producer shall--
``(A) state the amount of the payment the Secretary
agrees to make to the producer for each year of the
conservation stewardship contract under section
1238G(d);
``(B) require the producer--
``(i) to implement a conservation stewardship
plan that describes the program purposes to be
achieved through 1 or more conservation
activities;
``(ii) to maintain and supply information as
required by the Secretary to determine compliance
with the conservation stewardship plan and any
other requirements of the program; and
``(iii) not to conduct any activities on the
agricultural operation that would tend to defeat
the purposes of the program;
``(C) permit all economic uses of the eligible land
that--
``(i) maintain the agricultural nature of the
land; and
``(ii) are consistent with the conservation
purposes of the conservation stewardship contract;
``(D) include a provision to ensure that a producer
shall not be considered in violation of the contract for
failure to comply with the contract due to circumstances
beyond the control of the producer, including a disaster
or related condition, as determined by the Secretary;
``(E) include provisions requiring that upon the
violation of a term or condition of the contract at any
time the producer has control of the land--
[[Page 128 STAT. 725]]
``(i) if the Secretary determines that the
violation warrants termination of the contract--
``(I) the producer shall forfeit all
rights to receive payments under the
contract; and
``(II) the producer shall refund all
or a portion of the payments received by
the producer under the contract,
including any interest on the payments,
as determined by the Secretary; or
``(ii) if the Secretary determines that the
violation does not warrant termination of the
contract, the producer shall refund or accept
adjustments to the payments provided to the
producer, as the Secretary determines to be
appropriate;
``(F) include provisions in accordance with
paragraphs (3) and (4); and
``(G) include any additional provisions the
Secretary determines are necessary to carry out the
program.
``(3) Change of interest in land subject to a contract.--
``(A) In general.--At the time of application, a
producer shall have control of the eligible land to be
enrolled in the program. Except as provided in
subparagraph (B), a change in the interest of a producer
in eligible land covered by a contract under the program
shall result in the termination of the contract with
regard to that land.
``(B) Transfer of duties and rights.--Subparagraph
(A) shall not apply if--
``(i) within a reasonable period of time (as
determined by the Secretary) after the date of the
change in the interest in eligible land covered by
a contract under the program, the transferee of
the land provides written notice to the Secretary
that all duties and rights under the contract have
been transferred to, and assumed by, the
transferee for the portion of the land
transferred;
``(ii) the transferee meets the eligibility
requirements of the program; and
``(iii) the Secretary approves the transfer of
all duties and rights under the contract.
``(4) Modification and termination of contracts.--
``(A) Voluntary modification or termination.--The
Secretary may modify or terminate a contract with a
producer if--
``(i) the producer agrees to the modification
or termination; and
``(ii) the Secretary determines that the
modification or termination is in the public
interest.
``(B) Involuntary termination.--The Secretary may
terminate a contract if the Secretary determines that
the producer violated the contract.
``(5) Repayment.--If a contract is terminated, the Secretary
may, consistent with the purposes of the program--
``(A) allow the producer to retain payments already
received under the contract; or
``(B) require repayment, in whole or in part, of
payments received and assess liquidated damages.
[[Page 128 STAT. 726]]
``(e) Contract Renewal.--At the end of the initial 5-year contract
period, the Secretary may allow the producer to renew the contract for 1
additional 5-year period if the producer--
``(1) demonstrates compliance with the terms of the initial
contract;
``(2) agrees to adopt and continue to integrate conservation
activities across the entire agricultural operation, as
determined by the Secretary; and
``(3) agrees, by the end of the contract period--
``(A) to meet the stewardship threshold of at least
2 additional priority resource concerns on the
agricultural operation; or
``(B) to exceed the stewardship threshold of 2
existing priority resource concerns that are specified
by the Secretary in the initial contract.
``SEC. 1238G. <<NOTE: 16 USC 3838g.>> DUTIES OF THE SECRETARY.
``(a) In General.--To achieve the conservation goals of a contract
under the conservation stewardship program, the Secretary shall--
``(1) make the program available to eligible producers on a
continuous enrollment basis with 1 or more ranking periods, 1 of
which shall occur in the first quarter of each fiscal year;
``(2) identify not less than 5 priority resource concerns in
a particular watershed or other appropriate region or area
within a State; and
``(3) establish a science-based stewardship threshold for
each priority resource concern identified under paragraph (2).
``(b) Allocation to States.--The Secretary shall allocate acres to
States for enrollment, based--
``(1) primarily on each State's proportion of eligible land
to the total acreage of eligible land in all States; and
``(2) also on consideration of--
``(A) the extent and magnitude of the conservation
needs associated with agricultural production in each
State;
``(B) the degree to which implementation of the
program in the State is, or will be, effective in
helping producers address those needs; and
``(C) other considerations to achieve equitable
geographic distribution of funds, as determined by the
Secretary.
``(c) Acreage Enrollment Limitation.--During the period beginning on
the date of enactment of the Agricultural Act of 2014, and ending on
September 30, 2022, the Secretary shall, to the maximum extent
practicable--
``(1) enroll in the program an additional 10,000,000 acres
for each fiscal year; and
``(2) manage the program to achieve a national average rate
of $18 per acre, which shall include the costs of all financial
assistance, technical assistance, and any other expenses
associated with enrollment or participation in the program.
``(d) Conservation Stewardship Payments.--
``(1) Availability of payments.--The Secretary shall provide
annual payments under the program to compensate the producer
for--
``(A) installing and adopting additional
conservation activities; and
[[Page 128 STAT. 727]]
``(B) improving, maintaining, and managing
conservation activities in place at the agricultural
operation of the producer at the time the contract offer
is accepted by the Secretary.
``(2) Payment amount.--The amount of the annual payment
shall be determined by the Secretary and based, to the maximum
extent practicable, on the following factors:
``(A) Costs incurred by the producer associated with
planning, design, materials, installation, labor,
management, maintenance, or training.
``(B) Income forgone by the producer.
``(C) Expected conservation benefits.
``(D) The extent to which priority resource concerns
will be addressed through the installation and adoption
of conservation activities on the agricultural
operation.
``(E) The level of stewardship in place at the time
of application and maintained over the term of the
contract.
``(F) The degree to which the conservation
activities will be integrated across the entire
agricultural operation for all applicable priority
resource concerns over the term of the contract.
``(G) Such other factors as are determined
appropriate by the Secretary.
``(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for--
``(A) the design, construction, or maintenance of
animal waste storage or treatment facilities or
associated waste transport or transfer devices for
animal feeding operations; or
``(B) conservation activities for which there is no
cost incurred or income forgone to the producer.
``(4) Delivery of payments.--In making payments under this
subsection, the Secretary shall, to the extent practicable--
``(A) prorate conservation performance over the term
of the contract so as to accommodate, to the extent
practicable, producers earning equal annual payments in
each fiscal year; and
``(B) make such payments as soon as practicable
after October 1 of each fiscal year for activities
carried out in the previous fiscal year.
``(e) Supplemental Payments for Resource-Conserving Crop
Rotations.--
``(1) Availability of payments.--The Secretary shall provide
additional payments to producers that, in participating in the
program, agree to adopt or improve resource-conserving crop
rotations to achieve beneficial crop rotations as appropriate
for the eligible land of the producers.
``(2) Beneficial crop rotations.--The Secretary shall
determine whether a resource-conserving crop rotation is a
beneficial crop rotation eligible for additional payments under
paragraph (1) based on whether the resource-conserving crop
rotation is designed to provide natural resource conservation
and production benefits.
``(3) Eligibility.--To be eligible to receive a payment
described in paragraph (1), a producer shall agree to adopt and
maintain beneficial resource-conserving crop rotations for the
term of the contract.
[[Page 128 STAT. 728]]
``(4) Resource-conserving crop rotation.--In this
subsection, the term `resource-conserving crop rotation' means a
crop rotation that--
``(A) includes at least 1 resource-conserving crop
(as defined by the Secretary);
``(B) reduces erosion;
``(C) improves soil fertility and tilth;
``(D) interrupts pest cycles; and
``(E) in applicable areas, reduces depletion of soil
moisture or otherwise reduces the need for irrigation.
``(f) Payment Limitations.--A person or legal entity may not
receive, directly or indirectly, payments under the program that, in the
aggregate, exceed $200,000 under all contracts entered into during
fiscal years 2014 through 2018, excluding funding arrangements with
Indian tribes, regardless of the number of contracts entered into under
the program by the person or legal entity.
``(g) Specialty Crop and Organic Producers.--The Secretary shall
ensure that outreach and technical assistance are available, and program
specifications are appropriate to enable specialty crop and organic
producers to participate in the program.
``(h) Coordination With Organic Certification.--The Secretary shall
establish a transparent means by which producers may initiate organic
certification under the Organic Foods Production Act of 1990 (7 U.S.C.
6501 et seq.) while participating in a contract under the program.
``(i) Regulations.--The Secretary shall promulgate regulations
that--
``(1) prescribe such other rules as the Secretary determines
to be necessary to ensure a fair and reasonable application of
the limitations established under subsection (f); and
``(2) otherwise enable the Secretary to carry out the
program.''.
(b) <<NOTE: 16 USC 3838d note.>> Effect on Existing Contracts.--
(1) In general.--The amendment made by this section shall
not affect the validity or terms of any contract entered into by
the Secretary of Agriculture under subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838d et seq.) before the date of enactment of the
Agricultural Act of 2014, or any payments required to be made in
connection with the contract.
(2) Conservation stewardship program.--Funds made available
under section 1241(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(4)) (as amended by section 2601(a) of this title)
may be used to administer and make payments to program
participants that enrolled into contracts during any of fiscal
years 2009 through 2013.
Subtitle C--Environmental Quality Incentives Program
SEC. 2201. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
[[Page 128 STAT. 729]]
(B) by redesignating subparagraph (B) as
subparagraph (C) and, in such subparagraph, by inserting
``and'' after the semicolon; and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) developing and improving wildlife habitat;
and'';
(2) in paragraph (4), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (5).
SEC. 2202. DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)
is amended--
(1) by striking paragraph (2) and redesignating paragraphs
(3) through (6) as paragraphs (2) through (5), respectively; and
(2) in paragraph (2) (as so redesignated), by inserting
``established under the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.)'' after ``national organic program''.
SEC. 2203. ESTABLISHMENT AND ADMINISTRATION.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended--
(1) in subsection (a), by striking ``2014'' and inserting
``2018'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) Term.--A contract under the program shall have a term
that does not exceed 10 years.'';
(3) in subsection (d)--
(A) in paragraph (3), by striking subparagraphs (A)
through (G) and inserting the following:
``(A) soil health;
``(B) water quality and quantity improvement;
``(C) nutrient management;
``(D) pest management;
``(E) air quality improvement;
``(F) wildlife habitat development, including
pollinator habitat; or
``(G) invasive species management.''; and
(B) in paragraph (4)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``, a veteran
farmer or rancher (as defined in section 2501(e)
of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(e))),'' before ``or a
beginning farmer or rancher''; and
(ii) by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) Advance payments.--
``(i) In general.--Not more than 50 percent of
the amount determined under subparagraph (A) may
be provided in advance for the purpose of
purchasing materials or contracting.
``(ii) Return of funds.--If funds provided in
advance are not expended during the 90-day period
beginning on the date of receipt of the funds, the
[[Page 128 STAT. 730]]
funds shall be returned within a reasonable
timeframe, as determined by the Secretary.'';
(4) by striking subsection (f) and inserting the following
new subsection:
``(f) Allocation of Funding.--
``(1) Livestock.--For each of fiscal years 2014 through
2018, at least 60 percent of the funds made available for
payments under the program shall be targeted at practices
relating to livestock production.
``(2) Wildlife habitat.--For each of fiscal years 2014
through 2018, at least 5 percent of the funds made available for
payments under the program shall be targeted at practices
benefitting wildlife habitat under subsection (g).''; and
(5) by striking subsection (g) and inserting the following
new subsection:
``(g) Wildlife Habitat Incentive Program.--
``(1) In general.--The Secretary shall provide payments
under the environmental quality incentives program for
conservation practices that support the restoration,
development, protection, and improvement of wildlife habitat on
eligible land, including--
``(A) upland wildlife habitat;
``(B) wetland wildlife habitat;
``(C) habitat for threatened and endangered species;
``(D) fish habitat;
``(E) habitat on pivot corners and other irregular
areas of a field; and
``(F) other types of wildlife habitat, as determined
by the Secretary.
``(2) State technical committee.--In determining the
practices eligible for payment under paragraph (1) and targeted
for funding under subsection (f), the Secretary shall consult
with the relevant State technical committee not less often than
once each year.''.
SEC. 2204. EVALUATION OF APPLICATIONS.
Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
3(b)) is amended--
(1) in paragraph (1), by striking ``environmental'' and
inserting ``conservation''; and
(2) in paragraph (3), by striking ``purpose of the
environmental quality incentives program specified in section
1240(1)'' and inserting ``purposes of the program''.
SEC. 2205. DUTIES OF PRODUCERS.
Section 1240D(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
4(2)) is amended by striking ``farm, ranch, or forest'' and inserting
``enrolled''.
SEC. 2206. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended to read as follows:
``SEC. 1240G. LIMITATION ON PAYMENTS.
``A person or legal entity may not receive, directly or indirectly,
cost-share or incentive payments under this chapter that, in aggregate,
exceed $450,000 for all contracts entered into under this chapter by the
person or legal entity during the period of fiscal
[[Page 128 STAT. 731]]
years 2014 through 2018, regardless of the number of contracts entered
into under this chapter by the person or legal entity.''.
SEC. 2207. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(E) facilitate on-farm conservation research and
demonstration activities; and
``(F) facilitate pilot testing of new technologies
or innovative conservation practices.'';
(2) in subsection (b)(2)--
(A) by striking ``$37,500,000'' and inserting
``$25,000,000''; and
(B) by striking ``2012'' and inserting ``2018''; and
(3) by adding at the end the following new subsection:
``(c) Reporting.--Not later than December 31, 2014, and every two
years thereafter, the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a report on the status of
projects funded under this section, including--
``(1) funding awarded;
``(2) project results; and
``(3) incorporation of project findings, such as new
technology and innovative approaches, into the conservation
efforts implemented by the Secretary.''.
SEC. 2208. <<NOTE: 16 USC 3839aa note.>> EFFECT ON EXISTING
CONTRACTS.
The amendments made by this subtitle shall not affect the validity
or terms of any contract entered into by the Secretary of Agriculture
under chapter 4 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3839aa et seq.) before the date of enactment of the
Agricultural Act of 2014, or any payments required to be made in
connection with the contract.
Subtitle D--Agricultural Conservation Easement Program
SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT PROGRAM.
(a) Establishment.--Title XII of the Food Security Act of 1985 is
amended by adding at the end the following new subtitle:
``Subtitle H--Agricultural Conservation Easement Program
``SEC. 1265. <<NOTE: 16 USC 3865.>> ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish an agricultural
conservation easement program for the conservation of eligible
[[Page 128 STAT. 732]]
land and natural resources through easements or other interests in land.
``(b) Purposes.--The purposes of the program are to--
``(1) combine the purposes and coordinate the functions of
the wetlands reserve program established under section 1237, the
grassland reserve program established under section 1238N, and
the farmland protection program established under section 1238I,
as such sections were in effect on the day before the date of
enactment of the Agricultural Act of 2014;
``(2) restore, protect, and enhance wetlands on eligible
land;
``(3) protect the agricultural use and future viability, and
related conservation values, of eligible land by limiting
nonagricultural uses of that land; and
``(4) protect grazing uses and related conservation values
by restoring and conserving eligible land.
``SEC. 1265A. <<NOTE: 16 USC 3865a.>> DEFINITIONS.
``In this subtitle:
``(1) Agricultural land easement.--The term `agricultural
land easement' means an easement or other interest in eligible
land that--
``(A) is conveyed for the purpose of protecting
natural resources and the agricultural nature of the
land; and
``(B) permits the landowner the right to continue
agricultural production and related uses subject to an
agricultural land easement plan, as approved by the
Secretary.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an agency of State or local government or an
Indian tribe (including a farmland protection board or
land resource council established under State law); or
``(B) an organization that is--
``(i) organized for, and at all times since
the formation of the organization has been
operated principally for, 1 or more of the
conservation purposes specified in clause (i),
(ii), (iii), or (iv) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986;
``(ii) an organization described in section
501(c)(3) of that Code that is exempt from
taxation under section 501(a) of that Code; or
``(iii) described in--
``(I) paragraph (1) or (2) of
section 509(a) of that Code; or
``(II) section 509(a)(3) of that
Code and is controlled by an
organization described in section
509(a)(2) of that Code.
``(3) Eligible land.--The term `eligible land' means private
or tribal land that is--
``(A) in the case of an agricultural land easement,
agricultural land, including land on a farm or ranch--
``(i) that is subject to a pending offer for
purchase of an agricultural land easement from an
eligible entity;
``(ii)(I) that has prime, unique, or other
productive soil;
``(II) that contains historical or
archaeological resources;
[[Page 128 STAT. 733]]
``(III) the enrollment of which would protect
grazing uses and related conservation values by
restoring and conserving land; or
``(IV) the protection of which will further a
State or local policy consistent with the purposes
of the program; and
``(iii) that is--
``(I) cropland;
``(II) rangeland;
``(III) grassland or land that
contains forbs, or shrubland for which
grazing is the predominant use;
``(IV) located in an area that has
been historically dominated by
grassland, forbs, or shrubs and could
provide habitat for animal or plant
populations of significant ecological
value;
``(V) pastureland; or
``(VI) nonindustrial private forest
land that contributes to the economic
viability of an offered parcel or serves
as a buffer to protect such land from
development;
``(B) in the case of a wetland reserve easement, a
wetland or related area, including--
``(i) farmed or converted wetlands, together
with adjacent land that is functionally dependent
on that land, if the Secretary determines it--
``(I) is likely to be successfully
restored in a cost-effective manner; and
``(II) will maximize the wildlife
benefits and wetland functions and
values, as determined by the Secretary
in consultation with the Secretary of
the Interior at the local level;
``(ii) cropland or grassland that was used for
agricultural production prior to flooding from the
natural overflow of--
``(I) a closed basin lake and
adjacent land that is functionally
dependent upon it, if the State or other
entity is willing to provide 50 percent
share of the cost of an easement; or
``(II) a pothole and adjacent land
that is functionally dependent on it;
``(iii) farmed wetlands and adjoining lands
that--
``(I) are enrolled in the
conservation reserve program;
``(II) have the highest wetland
functions and values, as determined by
the Secretary; and
``(III) are likely to return to
production after they leave the
conservation reserve program;
``(iv) riparian areas that link wetlands that
are protected by easements or some other device
that achieves the same purpose as an easement; or
``(v) other wetlands of an owner that would
not otherwise be eligible, if the Secretary
determines that the inclusion of such wetlands in
a wetland reserve easement would significantly add
to the functional value of the easement; or
[[Page 128 STAT. 734]]
``(C) in the case of either an agricultural land
easement or a wetland reserve easement, other land that
is incidental to land described in subparagraph (A) or
(B), if the Secretary determines that it is necessary
for the efficient administration of an easement under
the program.
``(4) Program.--The term `program' means the agricultural
conservation easement program established by this subtitle.
``(5) Wetland reserve easement.--The term `wetland reserve
easement' means a reserved interest in eligible land that--
``(A) is defined and delineated in a deed; and
``(B) stipulates--
``(i) the rights, title, and interests in land
conveyed to the Secretary; and
``(ii) the rights, title, and interests in
land that are reserved to the landowner.
``SEC. 1265B. <<NOTE: 16 USC 3865b.>> AGRICULTURAL LAND EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall facilitate
and provide funding for--
``(1) the purchase by eligible entities of agricultural land
easements in eligible land; and
``(2) technical assistance to provide for the conservation
of natural resources pursuant to an agricultural land easement
plan.
``(b) Cost-Share Assistance.--
``(1) In general.--The Secretary shall protect the
agricultural use, including grazing, and related conservation
values of eligible land through cost-share assistance to
eligible entities for purchasing agricultural land easements.
``(2) Scope of assistance available.--
``(A) Federal share.--An agreement described in
paragraph (4) shall provide for a Federal share
determined by the Secretary of an amount not to exceed
50 percent of the fair market value of the agricultural
land easement, as determined by the Secretary using--
``(i) the Uniform Standards of Professional
Appraisal Practice;
``(ii) an areawide market analysis or survey;
or
``(iii) another industry-approved method.
``(B) Non-federal share.--
``(i) In general.--Under the agreement, the
eligible entity shall provide a share that is at
least equivalent to that provided by the
Secretary.
``(ii) Source of contribution.--An eligible
entity may include as part of its share under
clause (i) a charitable donation or qualified
conservation contribution (as defined by section
170(h) of the Internal Revenue Code of 1986) from
the private landowner if the eligible entity
contributes its own cash resources in an amount
that is at least 50 percent of the amount
contributed by the Secretary.
``(C) Exception.--
``(i) Grasslands.--In the case of grassland of
special environmental significance, as determined
by the Secretary, the Secretary may provide an
amount not
[[Page 128 STAT. 735]]
to exceed 75 percent of the fair market value of
the agricultural land easement.
``(ii) Cash contribution.--For purposes of
subparagraph (B)(ii), the Secretary may waive any
portion of the eligible entity cash contribution
requirement for projects of special significance,
subject to an increase in the private landowner
donation that is equal to the amount of the
waiver, if the donation is voluntary and the
property is in active agricultural production.
``(3) Evaluation and ranking of applications.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria to maximize the benefit
of Federal investment under the program.
``(B) Considerations.--In establishing the criteria,
the Secretary shall emphasize support for--
``(i) protecting agricultural uses and related
conservation values of the land; and
``(ii) maximizing the protection of areas
devoted to agricultural use.
``(C) Bidding down.--If the Secretary determines
that 2 or more applications for cost-share assistance
are comparable in achieving the purpose of the program,
the Secretary shall not assign a higher priority to any
of those applications solely on the basis of lesser cost
to the program.
``(4) Agreements with eligible entities.--
``(A) In general.--The Secretary shall enter into
agreements with eligible entities to stipulate the terms
and conditions under which the eligible entity is
permitted to use cost-share assistance provided under
this section.
``(B) Length of agreements.--An agreement shall be
for a term that is--
``(i) in the case of an eligible entity
certified under the process described in paragraph
(5), a minimum of five years; and
``(ii) for all other eligible entities, at
least three, but not more than five years.
``(C) Minimum terms and conditions.--An eligible
entity shall be authorized to use its own terms and
conditions for agricultural land easements so long as
the Secretary determines such terms and conditions--
``(i) are consistent with the purposes of the
program;
``(ii) permit effective enforcement of the
conservation purposes of such easements;
``(iii) include a right of enforcement for the
Secretary, that may be used only if the terms of
the easement are not enforced by the holder of the
easement;
``(iv) subject the land in which an interest
is purchased to an agricultural land easement plan
that--
``(I) describes the activities which
promote the long-term viability of the
land to meet the purposes for which the
easement was acquired;
``(II) requires the management of
grasslands according to a grasslands
management plan; and
[[Page 128 STAT. 736]]
``(III) includes a conservation
plan, where appropriate, and requires,
at the option of the Secretary, the
conversion of highly erodible cropland
to less intensive uses; and
``(v) include a limit on the impervious
surfaces to be allowed that is consistent with the
agricultural activities to be conducted.
``(D) Substitution of qualified projects.--An
agreement shall allow, upon mutual agreement of the
parties, substitution of qualified projects that are
identified at the time of the proposed substitution.
``(E) Effect of violation.--If a violation occurs of
a term or condition of an agreement under this
subsection--
``(i) the Secretary may terminate the
agreement; and
``(ii) the Secretary may require the eligible
entity to refund all or part of any payments
received by the entity under the program, with
interest on the payments as determined appropriate
by the Secretary.
``(5) Certification of eligible entities.--
``(A) Certification process.--The Secretary shall
establish a process under which the Secretary may--
``(i) directly certify eligible entities that
meet established criteria;
``(ii) enter into long-term agreements with
certified eligible entities; and
``(iii) accept proposals for cost-share
assistance for the purchase of agricultural land
easements throughout the duration of such
agreements.
``(B) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate to the
Secretary that the entity will maintain, at a minimum,
for the duration of the agreement--
``(i) a plan for administering easements that
is consistent with the purpose of the program;
``(ii) the capacity and resources to monitor
and enforce agricultural land easements; and
``(iii) policies and procedures to ensure--
``(I) the long-term integrity of
agricultural land easements on eligible
land;
``(II) timely completion of
acquisitions of such easements; and
``(III) timely and complete
evaluation and reporting to the
Secretary on the use of funds provided
under the program.
``(C) Review and revision.--
``(i) Review.--The Secretary shall conduct a
review of eligible entities certified under
subparagraph (A) every three years to ensure that
such entities are meeting the criteria established
under subparagraph (B).
``(ii) Revocation.--If the Secretary finds
that a certified eligible entity no longer meets
the criteria established under subparagraph (B),
the Secretary may--
``(I) allow the certified eligible
entity a specified period of time, at a
minimum 180 days, in
[[Page 128 STAT. 737]]
which to take such actions as may be
necessary to meet the criteria; and
``(II) revoke the certification of
the eligible entity, if, after the
specified period of time, the certified
eligible entity does not meet such
criteria.
``(c) Method of Enrollment.--The Secretary shall enroll eligible
land under this section through the use of--
``(1) permanent easements; or
``(2) easements for the maximum duration allowed under
applicable State laws.
``(d) Technical Assistance.--The Secretary may provide technical
assistance, if requested, to assist in--
``(1) compliance with the terms and conditions of easements;
and
``(2) implementation of an agricultural land easement plan.
``SEC. 1265C. <<NOTE: 16 USC 3865c.>> WETLAND RESERVE EASEMENTS.
``(a) Availability of Assistance.--The Secretary shall provide
assistance to owners of eligible land to restore, protect, and enhance
wetlands through--
``(1) wetland reserve easements and related wetland reserve
easement plans; and
``(2) technical assistance.
``(b) Easements.--
``(1) Method of enrollment.--The Secretary shall enroll
eligible land under this section through the use of--
``(A) 30-year easements;
``(B) permanent easements;
``(C) easements for the maximum duration allowed
under applicable State laws; or
``(D) as an option for Indian tribes only, 30-year
contracts.
``(2) Limitations.--
``(A) Ineligible land.--The Secretary may not
acquire easements on--
``(i) land established to trees under the
conservation reserve program, except in cases
where the Secretary determines it would further
the purposes of this section; and
``(ii) farmed wetlands or converted wetlands
where the conversion was not commenced prior to
December 23, 1985.
``(B) Changes in ownership.--No wetland reserve
easement shall be created on land that has changed
ownership during the preceding 24-month period unless--
``(i) the new ownership was acquired by will
or succession as a result of the death of the
previous owner;
``(ii)(I) the ownership change occurred
because of foreclosure on the land; and
``(II) immediately before the foreclosure, the
owner of the land exercises a right of redemption
from the mortgage holder in accordance with State
law; or
``(iii) the Secretary determines that the land
was acquired under circumstances that give
adequate assurances that such land was not
acquired for the purposes of placing it in the
program.
[[Page 128 STAT. 738]]
``(3) Evaluation and ranking of offers.--
``(A) Criteria.--The Secretary shall establish
evaluation and ranking criteria for offers from
landowners under this section to maximize the benefit of
Federal investment under the program.
``(B) Considerations.--When evaluating offers from
landowners, the Secretary may consider--
``(i) the conservation benefits of obtaining a
wetland reserve easement, including the potential
environmental benefits if the land was removed
from agricultural production;
``(ii) the cost effectiveness of each wetland
reserve easement, so as to maximize the
environmental benefits per dollar expended;
``(iii) whether the landowner or another
person is offering to contribute financially to
the cost of the wetland reserve easement to
leverage Federal funds; and
``(iv) such other factors as the Secretary
determines are necessary to carry out the purposes
of the program.
``(C) Priority.--The Secretary shall give priority
to acquiring wetland reserve easements based on the
value of the wetland reserve easement for protecting and
enhancing habitat for migratory birds and other
wildlife.
``(4) Agreement.--To be eligible to place eligible land into
the program through a wetland reserve easement, the owner of
such land shall enter into an agreement with the Secretary to--
``(A) grant an easement on such land to the
Secretary;
``(B) authorize the implementation of a wetland
reserve easement plan developed for the eligible land
under subsection (f);
``(C) create and record an appropriate deed
restriction in accordance with applicable State law to
reflect the easement agreed to;
``(D) provide a written statement of consent to such
easement signed by those holding a security interest in
the land;
``(E) comply with the terms and conditions of the
easement and any related agreements; and
``(F) permanently retire any existing base history
for the land on which the easement has been obtained.
``(5) Terms and conditions of easement.--
``(A) In general.--A wetland reserve easement shall
include terms and conditions that--
``(i) permit--
``(I) repairs, improvements, and
inspections on the land that are
necessary to maintain existing public
drainage systems; and
``(II) owners to control public
access on the easement areas while
identifying access routes to be used for
restoration activities and management
and easement monitoring;
``(ii) prohibit--
``(I) the alteration of wildlife
habitat and other natural features of
such land, unless specifically
authorized by the Secretary;
[[Page 128 STAT. 739]]
``(II) the spraying of such land
with chemicals or the mowing of such
land, except where such spraying or
mowing is authorized by the Secretary or
is necessary--
``(aa) to comply with
Federal or State noxious weed
control laws;
``(bb) to comply with a
Federal or State emergency pest
treatment program; or
``(cc) to meet habitat needs
of specific wildlife species;
``(III) any activities to be carried
out on the owner's or successor's land
that is immediately adjacent to, and
functionally related to, the land that
is subject to the easement if such
activities will alter, degrade, or
otherwise diminish the functional value
of the eligible land; and
``(IV) the adoption of any other
practice that would tend to defeat the
purposes of the program, as determined
by the Secretary;
``(iii) provide for the efficient and
effective establishment of wetland functions and
values; and
``(iv) include such additional provisions as
the Secretary determines are desirable to carry
out the program or facilitate the practical
administration thereof.
``(B) Violation.--On the violation of a term or
condition of a wetland reserve easement, the wetland
reserve easement shall remain in force and the Secretary
may require the owner to refund all or part of any
payments received by the owner under the program, with
interest on the payments as determined appropriate by
the Secretary.
``(C) Compatible uses.--Land subject to a wetland
reserve easement may be used for compatible economic
uses, including such activities as hunting and fishing,
managed timber harvest, or periodic haying or grazing,
if such use is specifically permitted by the wetland
reserve easement plan developed for the land under
subsection (f) and is consistent with the long-term
protection and enhancement of the wetland resources for
which the easement was established.
``(D) Reservation of grazing rights.--The Secretary
may include in the terms and conditions of a wetland
reserve easement a provision under which the owner
reserves grazing rights if--
``(i) the Secretary determines that the
reservation and use of the grazing rights--
``(I) is compatible with the land
subject to the easement;
``(II) is consistent with the
historical natural uses of the land and
the long-term protection and enhancement
goals for which the easement was
established; and
``(III) complies with the wetland
reserve easement plan developed for the
land under subsection (f); and
[[Page 128 STAT. 740]]
``(ii) the agreement provides for a
commensurate reduction in the easement payment to
account for the grazing value, as determined by
the Secretary.
``(6) Compensation.--
``(A) Determination.--
``(i) Permanent easements.--The Secretary
shall pay as compensation for a permanent wetland
reserve easement acquired under the program an
amount necessary to encourage enrollment in the
program, based on the lowest of--
``(I) the fair market value of the
land, as determined by the Secretary,
using the Uniform Standards of
Professional Appraisal Practice or an
areawide market analysis or survey;
``(II) the amount corresponding to a
geographical cap, as determined by the
Secretary in regulations; or
``(III) the offer made by the
landowner.
``(ii) Other.--Compensation for a 30-year
contract or 30-year wetland reserve easement shall
be not less than 50 percent, but not more than 75
percent, of the compensation that would be paid
for a permanent wetland reserve easement.
``(B) Form of payment.--Compensation for a wetland
reserve easement shall be provided by the Secretary in
the form of a cash payment, in an amount determined
under subparagraph (A).
``(C) Payment schedule.--
``(i) Easements valued at $500,000 or less.--
For wetland reserve easements valued at $500,000
or less, the Secretary may provide payments in not
more than 10 annual payments.
``(ii) Easements valued at more than
$500,000.--For wetland reserve easements valued at
more than $500,000, the Secretary may provide
payments in at least 5, but not more than 10
annual payments, except that, if the Secretary
determines it would further the purposes of the
program, the Secretary may make a lump-sum payment
for such an easement.
``(c) Easement Restoration.--
``(1) In general.--The Secretary shall provide financial
assistance to owners of eligible land to carry out the
establishment of conservation measures and practices and protect
wetland functions and values, including necessary maintenance
activities, as set forth in a wetland reserve easement plan
developed for the eligible land under subsection (f).
``(2) Payments.--The Secretary shall--
``(A) in the case of a permanent wetland reserve
easement, pay an amount that is not less than 75
percent, but not more than 100 percent, of the eligible
costs, as determined by the Secretary; and
``(B) in the case of a 30-year contract or 30-year
wetland reserve easement, pay an amount that is not less
than 50 percent, but not more than 75 percent, of the
eligible costs, as determined by the Secretary.
``(d) Technical Assistance.--
[[Page 128 STAT. 741]]
``(1) In general.--The Secretary shall assist owners in
complying with the terms and conditions of a wetland reserve
easement.
``(2) Contracts or agreements.--The Secretary may enter into
1 or more contracts with private entities or agreements with a
State, nongovernmental organization, or Indian tribe to carry
out necessary restoration, enhancement, or maintenance of a
wetland reserve easement if the Secretary determines that the
contract or agreement will advance the purposes of the program.
``(e) Wetland Reserve Enhancement Option.--The Secretary may enter
into 1 or more agreements with a State (including a political
subdivision or agency of a State), nongovernmental organization, or
Indian tribe to carry out a special wetland reserve enhancement option
that the Secretary determines would advance the purposes of program.
``(f) Administration.--
``(1) Wetland reserve easement plan.--The Secretary shall
develop a wetland reserve easement plan for any eligible land
subject to a wetland reserve easement, which shall include
practices and activities necessary to restore, protect, enhance,
and maintain the enrolled land.
``(2) Delegation of easement administration.--
``(A) In general.--The Secretary may delegate any of
the management, monitoring, and enforcement
responsibilities of the Secretary under this section to
other Federal or State agencies that have the
appropriate authority, expertise, and resources
necessary to carry out such delegated responsibilities,
or to conservation organizations if the Secretary
determines the organization has similar expertise and
resources.
``(B) Limitation.--The Secretary shall not delegate
any of the monitoring or enforcement responsibilities
under this section to conservation organizations.
``(3) Payments.--
``(A) Timing of payments.--The Secretary shall
provide payment for obligations incurred by the
Secretary under this section--
``(i) with respect to any easement restoration
obligation under subsection (c), as soon as
possible after the obligation is incurred; and
``(ii) with respect to any annual easement
payment obligation incurred by the Secretary, as
soon as possible after October 1 of each calendar
year.
``(B) Payments to others.--If an owner who is
entitled to a payment under this section dies, becomes
incompetent, is otherwise unable to receive such
payment, or is succeeded by another person or entity who
renders or completes the required performance, the
Secretary shall make such payment, in accordance with
regulations prescribed by the Secretary and without
regard to any other provision of law, in such manner as
the Secretary determines is fair and reasonable in light
of all of the circumstances.
``(g) Application.--The relevant provisions of this section shall
also apply to a 30-year contract.
[[Page 128 STAT. 742]]
``SEC. 1265D. <<NOTE: 16 USC 3865d.>> ADMINISTRATION.
``(a) Ineligible Land.--The Secretary may not use program funds for
the purposes of acquiring an easement on--
``(1) lands owned by an agency of the United States, other
than land held in trust for Indian tribes;
``(2) lands owned in fee title by a State, including an
agency or a subdivision of a State, or a unit of local
government;
``(3) land subject to an easement or deed restriction which,
as determined by the Secretary, provides similar protection as
would be provided by enrollment in the program; or
``(4) lands where the purposes of the program would be
undermined due to on-site or off-site conditions, such as risk
of hazardous substances, proposed or existing rights of way,
infrastructure development, or adjacent land uses.
``(b) Priority.--In evaluating applications under the program, the
Secretary may give priority to land that is currently enrolled in the
conservation reserve program in a contract that is set to expire within
1 year and--
``(1) in the case of an agricultural land easement, is
grassland that would benefit from protection under a long-term
easement; and
``(2) in the case of a wetland reserve easement, is a
wetland or related area with the highest wetland functions and
value and is likely to return to production after the land
leaves the conservation reserve program.
``(c) Subordination, Exchange, Modification, and Termination.--
``(1) In general.--The Secretary may subordinate, exchange,
modify, or terminate any interest in land, or portion of such
interest, administered by the Secretary, either directly or on
behalf of the Commodity Credit Corporation under the program if
the Secretary determines that--
``(A) it is in the Federal Government's interest to
subordinate, exchange, modify, or terminate the interest
in land;
``(B) the subordination, exchange, modification, or
termination action--
``(i) will address a compelling public need
for which there is no practicable alternative; or
``(ii) such action will further the practical
administration of the program; and
``(C) the subordination, exchange, modification, or
termination action will result in comparable
conservation value and equivalent or greater economic
value to the United States.
``(2) Consultation.--The Secretary shall work with the
owner, and eligible entity if applicable, to address any
subordination, exchange, modification, or termination of the
interest, or portion of such interest, in land.
``(3) Notice.--At least 90 days before taking any
termination action described in paragraph (1), the Secretary
shall provide written notice of such action to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
``(d) Land Enrolled in Other Programs.--
``(1) Conservation reserve program.--The Secretary may
terminate or modify a contract entered into under section
[[Page 128 STAT. 743]]
1231(a) if eligible land that is subject to such contract is
transferred into the program.
``(2) Other.--In accordance with the provisions of subtitle
H of title II of the Agricultural Act of 2014, land enrolled in
the wetlands reserve program, grassland reserve program, or
farmland protection program on the day before the date of
enactment of the Agricultural Act of 2014 shall be considered
enrolled in the program.
``(e) Compliance With Certain Requirements.--The Secretary may not
provide assistance under this subtitle to an eligible entity or owner of
eligible land unless the eligible entity or owner agrees, during the
crop year for which the assistance is provided--
``(1) to comply with applicable conservation requirements
under subtitle B; and
``(2) to comply with applicable wetland protection
requirements under subtitle C.''.
(b) Cross Reference; Calculation.--Section 1244 of the Food Security
Act of 1985 (16 U.S.C. 3844) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and'' at the end of
subparagraph (A);
(ii) by striking ``and'' at the end of
subparagraph (B); and
(iii) by striking subparagraph (C);
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) the agricultural conservation easement program
established under subtitle H; and''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``programs administered under subchapters B and C
of chapter 1 of subtitle D'' and inserting
``conservation reserve program established under
subchapter B of chapter 1 of subtitle D and
wetland reserve easements under section 1265C'';
and
(ii) in subparagraph (B), by striking ``an
easement acquired under subchapter C of chapter 1
of subtitle D'' and inserting ``a wetland reserve
easement under section 1265C'';
(B) by striking paragraph (4) and inserting the
following:
``(4) Exclusions.--
``(A) Shelterbelts and windbreaks.--The limitations
established under paragraph (1) shall not apply to
cropland that is subject to an easement under subchapter
B of chapter 1 of subtitle D that is used for the
establishment of shelterbelts and windbreaks.
``(B) Wet and saturated soils.--For the purposes of
enrolling land in a wetland reserve easement under
section 1265C, the limitations established under
paragraph (1) shall not apply to cropland designated by
the Secretary with subclass w in the land capability
classes IV through
[[Page 128 STAT. 744]]
VIII because of severe use limitations due to soil
saturation or inundation.''; and
(C) by adding at the end the following new
paragraph:
``(5) Calculation.--In calculating the percentages described
in paragraph (1), the Secretary shall include any acreage that
was included in calculations of percentages made under such
paragraph, as in effect on the day before the date of enactment
of the Agricultural Act of 2014, and that remains enrolled when
the calculation is made after that date under paragraph (1).''.
Subtitle E--Regional Conservation Partnership Program
SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
Title XII of the Food Security Act of 1985 is amended by inserting
after subtitle H, as added by section 2301, the following new subtitle:
``Subtitle I--Regional Conservation Partnership Program
``SEC. 1271. <<NOTE: 16 USC 3871.>> ESTABLISHMENT AND PURPOSES.
``(a) Establishment.--The Secretary shall establish a regional
conservation partnership program to implement eligible activities on
eligible land through--
``(1) partnership agreements with eligible partners; and
``(2) contracts with producers.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To use covered programs to accomplish purposes and
functions similar to those of the following programs, as in
effect on the day before the date of enactment of the
Agricultural Act of 2014:
``(A) The agricultural water enhancement program
established under section 1240I.
``(B) The Chesapeake Bay watershed program
established under section 1240Q.
``(C) The cooperative conservation partnership
initiative established under section 1243.
``(D) The Great Lakes basin program for soil erosion
and sediment control established under section 1240P.
``(2) To further the conservation, restoration, and
sustainable use of soil, water, wildlife, and related natural
resources on eligible land on a regional or watershed scale.
``(3) To encourage eligible partners to cooperate with
producers in--
``(A) meeting or avoiding the need for national,
State, and local natural resource regulatory
requirements related to production on eligible land; and
``(B) implementing projects that will result in the
installation and maintenance of eligible activities that
affect multiple agricultural or nonindustrial private
forest operations on a local, regional, State, or
multistate basis.
[[Page 128 STAT. 745]]
``SEC. 1271A. <<NOTE: 16 USC 3871a.>> DEFINITIONS.
``In this subtitle:
``(1) Covered program.--The term `covered program' means the
following:
``(A) The agricultural conservation easement
program.
``(B) The environmental quality incentives program.
``(C) The conservation stewardship program.
``(D) The healthy forests reserve program
established under section 501 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6571).
``(2) Eligible activity.--The term `eligible activity' means
a conservation activity for any of the following:
``(A) Water quality restoration or enhancement
projects, including nutrient management and sediment
reduction.
``(B) Water quantity conservation, restoration, or
enhancement projects relating to surface water and
groundwater resources, including--
``(i) the conversion of irrigated cropland to
the production of less water-intensive
agricultural commodities or dryland farming; or
``(ii) irrigation system improvement and
irrigation efficiency enhancement.
``(C) Drought mitigation.
``(D) Flood prevention.
``(E) Water retention.
``(F) Air quality improvement.
``(G) Habitat conservation, restoration, and
enhancement.
``(H) Erosion control and sediment reduction.
``(I) Forest restoration.
``(J) Other related activities that the Secretary
determines will help achieve conservation benefits.
``(3) Eligible land.--
``(A) In general.--The term `eligible land' means--
``(i) land on which agricultural commodities,
livestock, or forest-related products are
produced; and
``(ii) lands associated with the lands
described in clause (i).
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) grassland;
``(iii) rangeland;
``(iv) pastureland;
``(v) nonindustrial private forest land; and
``(vi) other land incidental to agricultural
production (including wetlands and riparian
buffers) on which significant natural resource
issues could be addressed under the program.
``(4) Eligible partner.--The term `eligible partner' means
any of the following:
``(A) An agricultural or silvicultural producer
association or other group of producers.
``(B) A State or unit of local government.
``(C) An Indian tribe.
``(D) A farmer cooperative.
[[Page 128 STAT. 746]]
``(E) A water district, irrigation district, rural
water district or association, or other organization
with specific water delivery authority to producers on
agricultural land.
``(F) A municipal water or wastewater treatment
entity.
``(G) An institution of higher education.
``(H) An organization or entity with an established
history of working cooperatively with producers on
agricultural land, as determined by the Secretary, to
address--
``(i) local conservation priorities related to
agricultural production, wildlife habitat
development, or nonindustrial private forest land
management; or
``(ii) critical watershed-scale soil erosion,
water quality, sediment reduction, or other
natural resource issues.
``(5) Partnership agreement.--The term `partnership
agreement' means an agreement entered into under section 1271B
between the Secretary and an eligible partner.
``(6) Program.--The term `program' means the regional
conservation partnership program established by this subtitle.
``SEC. 1271B. <<NOTE: 16 USC 3871b.>> REGIONAL CONSERVATION
PARTNERSHIPS.
``(a) Partnership Agreements Authorized.--The Secretary may enter
into a partnership agreement with an eligible partner to implement a
project that will assist producers with installing and maintaining an
eligible activity on eligible land.
``(b) Length.--A partnership agreement shall be for a period not to
exceed 5 years, except that the Secretary may extend the agreement one
time for up to 12 months when an extension is necessary to meet the
objectives of the program.
``(c) Duties of Partners.--
``(1) In general.--Under a partnership agreement, the
eligible partner shall--
``(A) define the scope of a project, including--
``(i) the eligible activities to be
implemented;
``(ii) the potential agricultural or
nonindustrial private forest land operations
affected;
``(iii) the local, State, multistate, or other
geographic area covered; and
``(iv) the planning, outreach, implementation,
and assessment to be conducted;
``(B) conduct outreach and education to producers
for potential participation in the project;
``(C) at the request of a producer, act on behalf of
a producer participating in the project in applying for
assistance under section 1271C;
``(D) leverage financial or technical assistance
provided by the Secretary with additional funds to help
achieve the project objectives;
``(E) conduct an assessment of the project's
effects; and
``(F) at the conclusion of the project, report to
the Secretary on its results and funds leveraged.
``(2) Contribution.--An eligible partner shall provide a
significant portion of the overall costs of the scope of the
project that is the subject of the agreement entered into under
subsection (a), as determined by the Secretary.
``(d) Applications.--
[[Page 128 STAT. 747]]
``(1) Competitive process.--The Secretary shall conduct a
competitive process to select applications for partnership
agreements and may assess and rank applications with similar
conservation purposes as a group.
``(2) Criteria used.--In carrying out the process described
in paragraph (1), the Secretary shall make public the criteria
used in evaluating applications.
``(3) Content.--An application to the Secretary shall
include a description of--
``(A) the scope of the project, as described in
subsection (c)(1)(A);
``(B) the plan for monitoring, evaluating, and
reporting on progress made toward achieving the
project's objectives;
``(C) the program resources requested for the
project, including the covered programs to be used and
estimated funding needed from the Secretary;
``(D) each eligible partner collaborating to achieve
project objectives, including their roles,
responsibilities, capabilities, and financial
contribution; and
``(E) any other elements the Secretary considers
necessary to adequately evaluate and competitively
select applications for funding under the program.
``(4) Priority to certain applications.--The Secretary may
give a higher priority to applications that--
``(A) assist producers in meeting or avoiding the
need for a natural resource regulatory requirement;
``(B) have a high percentage of producers in the
area to be covered by the agreement;
``(C) significantly leverage non-Federal financial
and technical resources and coordinate with other local,
State, or national efforts;
``(D) deliver high percentages of applied
conservation to address conservation priorities or
regional, State, or national conservation initiatives;
``(E) provide innovation in conservation methods and
delivery, including outcome-based performance measures
and methods; or
``(F) meet other factors that are important for
achieving the purposes of the program, as determined by
the Secretary.
``SEC. 1271C. <<NOTE: 16 USC 3871c.>> ASSISTANCE TO PRODUCERS.
``(a) In General.--The Secretary shall enter into contracts with
producers to provide financial and technical assistance to--
``(1) producers participating in a project with an eligible
partner; or
``(2) producers that fit within the scope of a project
described in section 1271B or a critical conservation area
designated under section 1271F, but who are seeking to implement
an eligible activity on eligible land independent of an eligible
partner.
``(b) Terms and Conditions.--
``(1) Consistency with program rules.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (2), the Secretary shall
ensure that the terms and conditions of a contract under
this section are consistent with the applicable rules of
the covered
[[Page 128 STAT. 748]]
programs to be used as part of the partnership
agreement, as described in the application under section
1271B(d)(3)(C).
``(B) Adjustments.--
``(i) In general.--The Secretary may adjust
the rules of a covered program, including--
``(I) operational guidance and
requirements for a covered program at
the discretion of the Secretary so as to
provide a simplified application and
evaluation process; and
``(II) nonstatutory, regulatory
rules or provisions to better reflect
unique local circumstances and purposes
if the Secretary determines such
adjustments are necessary to achieve the
purposes of the covered program.
``(ii) Limitation.--The Secretary shall not
adjust the application of statutory requirements
for a covered program, including requirements
governing appeals, payment limits, and
conservation compliance.
``(iii) Irrigation.--In States where
irrigation has not been used significantly for
agricultural purposes, as determined by the
Secretary, the Secretary shall not limit
eligibility under section 1271B or this section on
the basis of prior irrigation history.
``(2) Alternative funding arrangements.--
``(A) In general.--For the purposes of providing
assistance for land described in subsection (a) and
section 1271F, the Secretary may enter into alternative
funding arrangements with a multistate water resource
agency or authority if--
``(i) the Secretary determines that the goals
and objectives of the program will be met by the
alternative funding arrangements;
``(ii) the agency or authority certifies that
the limitations established under this section on
agreements with individual producers will not be
exceeded; and
``(iii) all participating producers meet
applicable payment eligibility provisions.
``(B) Conditions.--As a condition of receiving
funding under subparagraph (A), the multistate water
resource agency or authority shall agree--
``(i) to submit an annual independent audit to
the Secretary that describes the use of funds
under this paragraph;
``(ii) to provide any data necessary for the
Secretary to issue a report on the use of funds
under this paragraph; and
``(iii) not to use any of the funds provided
pursuant to subparagraph (A) for administration or
to provide for administrative costs through
contracts with another entity.
``(C) Limitation.--The Secretary may enter into not
more than 20 alternative funding arrangements under this
paragraph.
``(c) Payments.--
[[Page 128 STAT. 749]]
``(1) In general.--In accordance with statutory requirements
of the covered programs involved, the Secretary may make
payments to a producer in an amount determined by the Secretary
to be necessary to achieve the purposes of the program.
``(2) Payments to certain producers.--The Secretary may
provide payments for a period of 5 years--
``(A) to producers participating in a project that
addresses water quantity concerns and in an amount
sufficient to encourage conversion from irrigated to
dryland farming; and
``(B) to producers participating in a project that
addresses water quality concerns and in an amount
sufficient to encourage adoption of conservation
practices and systems that improve nutrient management.
``(3) Waiver authority.--To assist in the implementation of
the program, the Secretary may waive the applicability of the
limitation in section 1001D(b)(2) of this Act for participating
producers if the Secretary determines that the waiver is
necessary to fulfill the objectives of the program.
``SEC. 1271D. <<NOTE: 16 USC 3871d.>> FUNDING.
``(a) Availability of Funds.--The Secretary shall use $100,000,000
of the funds of the Commodity Credit Corporation for each of fiscal
years 2014 through 2018 to carry out the program.
``(b) Duration of Availability.--Funds made available under
subsection (a) shall remain available until expended.
``(c) Additional Funding and Acres.--
``(1) In general.--In addition to the funds made available
under subsection (a), the Secretary shall reserve 7 percent of
the funds and acres made available for a covered program for
each of fiscal years 2014 through 2018 in order to ensure
additional resources are available to carry out this program.
``(2) Unused funds and acres.--Any funds or acres reserved
under paragraph (1) for a fiscal year from a covered program
that are not committed under this program by April 1 of that
fiscal year shall be returned for use under the covered program.
``(d) Allocation of Funding.--Of the funds and acres made available
for the program under subsection (a) and reserved for the program under
subsection (c), the Secretary shall allocate--
``(1) 25 percent of the funds and acres to projects based on
a State competitive process administered by the State
Conservationist, with the advice of the State technical
committee established under subtitle G;
``(2) 40 percent of the funds and acres to projects based on
a national competitive process to be established by the
Secretary; and
``(3) 35 percent of the funds and acres to projects for
critical conservation areas designated under section 1271F.
``(e) Limitation on Administrative Expenses.--None of the funds made
available or reserved for the program may be used to pay for the
administrative expenses of eligible partners.
``SEC. 1271E. <<NOTE: 16 USC 3871e.>> ADMINISTRATION.
``(a) Disclosure.--In addition to the criteria used in evaluating
applications as described in section 1271B(d)(2), the Secretary shall
[[Page 128 STAT. 750]]
make publicly available information on projects selected through the
competitive process described in section 1271B(d)(1).
``(b) Reporting.--Not later than December 31, 2014, and every two
years thereafter, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the
status of projects funded under the program, including--
``(1) the number and types of eligible partners and
producers participating in the partnership agreements selected;
``(2) the number of producers receiving assistance;
``(3) total funding committed to projects, including from
Federal and non-Federal resources; and
``(4) a description of how the funds under section
1271C(b)(2) are being administered, including--
``(A) any oversight mechanisms that the Secretary
has implemented;
``(B) the process through which the Secretary is
resolving appeals by program participants; and
``(C) the means by which the Secretary is tracking
adherence to any applicable provisions for payment
eligibility.
``SEC. 1271F. <<NOTE: 16 USC 3871f.>> CRITICAL CONSERVATION
AREAS.
``(a) In General.--In administering funds under section 1271D(d)(3),
the Secretary shall select applications for partnership agreements and
producer contracts within critical conservation areas designated under
this section.
``(b) Critical Conservation Area Designations.--
``(1) Priority.--In designating critical conservation areas
under this section, the Secretary shall give priority to
geographical areas based on the degree to which the geographical
area--
``(A) includes multiple States with significant
agricultural production;
``(B) is covered by an existing regional, State,
binational, or multistate agreement or plan that has
established objectives, goals, and work plans and is
adopted by a Federal, State, or regional authority;
``(C) would benefit from water quality improvement,
including through reducing erosion, promoting sediment
control, and addressing nutrient management activities
affecting large bodies of water of regional, national,
or international significance;
``(D) would benefit from water quantity improvement,
including improvement relating to--
``(i) groundwater, surface water, aquifer, or
other water sources; or
``(ii) a need to promote water retention and
flood prevention; or
``(E) contains producers that need assistance in
meeting or avoiding the need for a natural resource
regulatory requirement that could have a negative impact
on the economic scope of the agricultural operations
within the area.
``(2) Expiration.--Critical conservation area designations
under this section shall expire after 5 years, subject to
[[Page 128 STAT. 751]]
redesignation, except that the Secretary may withdraw
designation from an area if the Secretary finds the area no
longer meets the conditions described in paragraph (1).
``(3) Limitation.--The Secretary may not designate more than
8 geographical areas as critical conservation areas under this
section.
``(c) Administration.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall administer any partnership agreement or producer
contract under this section in a manner that is consistent with
the terms of the program.
``(2) Relationship to existing activity.--The Secretary
shall, to the maximum extent practicable, ensure that eligible
activities carried out in critical conservation areas designated
under this section complement and are consistent with other
Federal and State programs and water quality and quantity
strategies.
``(3) Additional authority.--For a critical conservation
area described in subsection (b)(1)(D), the Secretary may use
authorities under the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act
(16 U.S.C. 1012), to carry out projects for the purposes of this
section.''.
Subtitle F--Other Conservation Programs
SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C.
3839bb(e)) is amended by striking ``2012'' and inserting ``2018''.
SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
Section 1240O(b) of the Food Security Act of 1985 (16 U.S.C. 3839bb-
2(b)) is amended to read as follows:
``(b) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2008 through 2018.
``(2) Availability of funds.--In addition to funds made
available under paragraph (1), of the funds of the Commodity
Credit Corporation, the Secretary shall use $5,000,000, to
remain available until expended.''.
SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
(a) Funding.--Section 1240R(f)(1) of the Food Security Act of 1985
(16 U.S.C. 3839bb-5(f)(1)) is amended--
(1) in the heading, by striking ``Fiscal years 2009 through
2012'' and inserting ``Mandatory funding''; and
(2) by inserting ``and $40,000,000 for the period of fiscal
years 2014 through 2018'' before the period at the end.
(b) Report on Program Effectiveness.--Not later than 2 years after
the date of enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report evaluating the effectiveness
[[Page 128 STAT. 752]]
of the voluntary public access and habitat incentive program established
by section 1240R of the Food Security Act of 1985 (16 U.S.C. 3839bb-5),
including--
(1) identifying cooperating agencies;
(2) identifying the number of land holdings and total acres
enrolled by State;
(3) evaluating the extent of improved access on eligible
land, improved wildlife habitat, and related economic benefits;
and
(4) any other relevant information and data relating to the
program that would be helpful to such Committees.
SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM.
Subsection (c)(2) of section 1252 of the Food Security Act of 1985
(16 U.S.C. 3851) is amended to read as follows:
``(2) Exclusion.--Funds made available to carry out the
conservation reserve program may not be used to carry out the
ACES program.''.
SEC. 2505. SMALL WATERSHED REHABILITATION PROGRAM.
(a) Availability of Funds.--Section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) is amended--
(1) in subparagraph (E), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (F), by striking the period and
inserting a semicolon;
(3) in subparagraph (G), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(H) $250,000,000 for fiscal year 2014, to remain
available until expended.''.
(b) Authorization of Appropriations.--Section 14(h)(2)(E) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E))
is amended by striking ``2012'' and inserting ``2018''.
SEC. 2506. EMERGENCY WATERSHED PROTECTION PROGRAM.
Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203)
is amended--
(1) by striking ``Sec. 403. The Secretary'' and inserting
the following:
``SEC. 403. EMERGENCY MEASURES.
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Floodplain Easements.--
``(1) Modification and termination.--The Secretary may
modify or terminate a floodplain easement administered by the
Secretary under this section if--
``(A) the current owner agrees to the modification
or termination; and
``(B) the Secretary determines that the modification
or termination--
``(i) will address a compelling public need
for which there is no practicable alternative; and
``(ii) is in the public interest.
``(2) Consideration.--
[[Page 128 STAT. 753]]
``(A) Termination.--As consideration for termination
of an easement and associated agreements under paragraph
(1), the Secretary shall enter into compensatory
arrangements as determined to be appropriate by the
Secretary.
``(B) Modification.--In the case of a modification
under paragraph (1)--
``(i) as a condition of the modification, the
current owner shall enter into a compensatory
arrangement (as determined to be appropriate by
the Secretary) to incur the costs of modification;
and
``(ii) the Secretary shall ensure that--
``(I) the modification will not
adversely affect the floodplain
functions and values for which the
easement was acquired;
``(II) any adverse impacts will be
mitigated by enrollment and restoration
of other land that provides greater
floodplain functions and values at no
additional cost to the Federal
Government; and
``(III) the modification will result
in equal or greater environmental and
economic values to the United States.''.
SEC. 2507. TERMINAL LAKES.
Section 2507 of the Farm Security and Rural Investment Act of 2002
(43 U.S.C. 2211 note; Public Law 107-171) is amended to read as follows:
``SEC. 2507. TERMINAL LAKES ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Eligible land.--The term `eligible land' means
privately owned agricultural land (including land in which a
State has a property interest as a result of State water law)--
``(A) that a landowner voluntarily agrees to sell to
a State; and
``(B) which--
``(i)(I) is ineligible for enrollment as a
wetland reserve easement established under the
agricultural conservation easement program under
subtitle H of the Food Security Act of 1985;
``(II) is flooded to--
``(aa) an average depth of
at least 6.5 feet; or
``(bb) a level below which
the State determines the
management of the water level is
beyond the control of the State
or landowner; or
``(III) is inaccessible for
agricultural use due to the flooding of
adjoining property (such as islands of
agricultural land created by flooding);
``(ii) is located within a watershed with
water rights available for lease or purchase; and
``(iii) has been used during at least 5 of the
immediately preceding 30 years--
``(I) to produce crops or hay; or
``(II) as livestock pasture or
grazing.
[[Page 128 STAT. 754]]
``(2) Program.--The term `program' means the voluntary land
purchase program established under this section.
``(3) Terminal lake.--The term `terminal lake' means a lake
and its associated riparian and watershed resources that is--
``(A) considered flooded because there is no natural
outlet for water accumulating in the lake or the
associated riparian area such that the watershed and
surrounding land is consistently flooded; or
``(B) considered terminal because it has no natural
outlet and is at risk due to a history of consistent
Federal assistance to address critical resource
conditions, including insufficient water available to
meet the needs of the lake, general uses, and water
rights.
``(b) Assistance.--The Secretary shall--
``(1) provide grants under subsection (c) for the purchase
of eligible land impacted by a terminal lake described in
subsection (a)(3)(A); and
``(2) provide funds to the Secretary of the Interior
pursuant to subsection (e)(2) with assistance in accordance with
subsection (d) for terminal lakes described in subsection
(a)(3)(B).
``(c) Land Purchase Grants.--
``(1) In general.--Using funds provided under subsection
(e)(1), the Secretary shall make available land purchase grants
to States for the purchase of eligible land in accordance with
this subsection.
``(2) Implementation.--
``(A) Amount.--A land purchase grant shall be in an
amount not to exceed the lesser of--
``(i) 50 percent of the total purchase price
per acre of the eligible land; or
``(ii)(I) in the case of eligible land that
was used to produce crops or hay, $400 per acre;
and
``(II) in the case of eligible land
that was pasture or grazing land, $200
per acre.
``(B) Determination of purchase price.--A State
purchasing eligible land with a land purchase grant
shall ensure, to the maximum extent practicable, that
the purchase price of such land reflects the value, if
any, of other encumbrances on the eligible land to be
purchased, including easements and mineral rights.
``(C) Cost-share required.--To be eligible to
receive a land purchase grant, a State shall provide
matching non-Federal funds in an amount equal to 50
percent of the amount described in subparagraph (A),
including additional non-Federal funds.
``(D) Conditions.--To receive a land purchase grant,
a State shall agree--
``(i) to ensure that any eligible land
purchased is--
``(I) conveyed in fee simple to the
State; and
``(II) free from mortgages or other
liens at the time title is transferred;
``(ii) to maintain ownership of the eligible
land in perpetuity;
``(iii) to pay (from funds other than grant
dollars awarded) any costs associated with the
purchase of
[[Page 128 STAT. 755]]
eligible land under this section, including
surveys and legal fees; and
``(iv) to keep eligible land in a conserving
use, as defined by the Secretary.
``(E) Loss of federal benefits.--Eligible land
purchased with a grant under this section shall lose
eligibility for any benefits under other Federal
programs, including--
``(i) benefits under title XII of the Food
Security Act of 1985 (16 U.S.C. 3801 et seq.);
``(ii) benefits under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
``(iii) covered benefits described in section
1001D(b) of the Food Security Act of 1985 (7
U.S.C. 1308-3a).
``(F) Prohibition.--Any Federal rights or benefits
associated with eligible land prior to purchase by a
State may not be transferred to any other land or person
in anticipation of or as a result of such purchase.
``(d) Water Assistance.--
``(1) In general.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may use the funds
described in subsection (e)(2) to administer and provide
financial assistance to carry out this subsection to provide
water and assistance to a terminal lake described in subsection
(a)(3)(B) through willing sellers or willing participants only--
``(A) to lease water;
``(B) to purchase land, water appurtenant to the
land, and related interests; and
``(C) to carry out research, support, and
conservation activities for associated fish, wildlife,
plant, and habitat resources.
``(2) Exclusions.--The Secretary of the Interior may not use
this subsection to deliver assistance to the Great Salt Lake in
Utah, lakes that are considered dry lakes, or other lakes that
do not meet the purposes of this section, as determined by the
Secretary of the Interior.
``(3) Transitional provision.--
``(A) In general.--Notwithstanding any other
provision of this section, any funds made available
before the date of enactment of the Agricultural Act of
2014 under a provision of law described in subparagraph
(B) shall remain available using the provisions of law
(including regulations) in effect on the day before the
date of enactment of that Act.
``(B) Described laws.--The provisions of law
described in this section are--
``(i) section 2507 of the Farm Security and
Rural Investment Act of 2002 (43 U.S.C. 2211 note;
Public Law 107-171) (as in effect on the day
before the date of enactment of the Agricultural
Act of 2014);
``(ii) section 207 of the Energy and Water
Development Appropriations Act, 2003 (Public Law
108-7; 117 Stat. 146);
``(iii) section 208 of the Energy and Water
Development Appropriations Act, 2006 (Public Law
109-103; 119 Stat. 2268, 123 Stat. 2856); and
``(iv) section 208 of the Energy and Water
Development and Related Agencies Appropriations
Act, 2010
[[Page 128 STAT. 756]]
(Public Law 111-85; 123 Stat. 2858, 123 Stat.
2967, 125 Stat. 867).
``(e) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out subsection (c)
$25,000,000, to remain available until expended.
``(2) Commodity credit corporation.--As soon as practicable
after the date of enactment of the Agricultural Act of 2014, the
Secretary shall transfer to the `Bureau of Reclamation--Water
and Related Resources' account $150,000,000 from the funds of
the Commodity Credit Corporation to carry out subsection (d), to
remain available until expended.''.
SEC. 2508. SOIL AND WATER RESOURCES CONSERVATION.
(a) Congressional Policy and Declaration of Purpose.--Section 4 of
the Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2003)
is amended--
(1) in subsection (b), by inserting ``and tribal'' after
``State'' each place it appears; and
(2) in subsection (c)(2), by inserting ``, tribal,'' after
``State''.
(b) Continuing Appraisal of Soil, Water, and Related Resources.--
Section 5 of the Soil and Water Resources Conservation Act of 1977 (16
U.S.C. 2004) is amended--
(1) in subsection (a)(4), by striking ``and State'' and
inserting ``, State, and tribal'';
(2) in subsection (b), by inserting ``, tribal'' after
``State'' each place it appears; and
(3) in subsection (c)--
(A) by striking ``State soil'' and inserting ``State
and tribal soil''; and
(B) by striking ``local'' and inserting ``local,
tribal,''.
(c) Soil and Water Conservation Program.--Section 6(a) of the Soil
and Water Resources Conservation Act of 1977 (16 U.S.C. 2005(a)) is
amended--
(1) by inserting ``, tribal,'' after ``State'' the first
place it appears;
(2) by inserting ``, tribal'' after ``State'' each other
place it appears; and
(3) by inserting ``, tribal,'' after ``private''.
(d) Utilization of Available Information and Data.--Section 9 of the
Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2008) is
amended by inserting ``, tribal'' after ``State''.
Subtitle G--Funding and Administration
SEC. 2601. FUNDING.
(a) In General.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended by striking subsection (a) and inserting the
following:
``(a) Annual Funding.--For each of fiscal years 2014 through 2018,
the Secretary shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out the following programs under
this title (including the provision of technical assistance):
[[Page 128 STAT. 757]]
``(1) The conservation reserve program under subchapter B of
chapter 1 of subtitle D, including, to the maximum extent
practicable--
``(A) $10,000,000 for the period of fiscal years
2014 through 2018 to provide payments under section
1234(c); and
``(B) $33,000,000 for the period of fiscal years
2014 through 2018 to carry out section 1235(f) to
facilitate the transfer of land subject to contracts
from retired or retiring owners and operators to
beginning farmers or ranchers and socially disadvantaged
farmers or ranchers.
``(2) The agricultural conservation easement program under
subtitle H using to the maximum extent practicable--
``(A) $400,000,000 for fiscal year 2014;
``(B) $425,000,000 for fiscal year 2015;
``(C) $450,000,000 for fiscal year 2016;
``(D) $500,000,000 for fiscal year 2017; and
``(E) $250,000,000 for fiscal year 2018.
``(3) The conservation security program under subchapter A
of chapter 2 of subtitle D, using such sums as are necessary to
administer contracts entered into before September 30, 2008.
``(4) The conservation stewardship program under subchapter
B of chapter 2 of subtitle D.
``(5) The environmental quality incentives program under
chapter 4 of subtitle D, using, to the maximum extent
practicable--
``(A) $1,350,000,000 for fiscal year 2014;
``(B) $1,600,000,000 for fiscal year 2015;
``(C) $1,650,000,000 for fiscal year 2016;
``(D) $1,650,000,000 for fiscal year 2017; and
``(E) $1,750,000,000 for fiscal year 2018.''.
(b) Guaranteed Availability of Funds.--Section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) is amended--
(1) by redesignating subsections (b) through (h) as
subsections (c) through (i), respectively;
(2) by inserting after subsection (a) the following:
``(b) Availability of Funds.--Amounts made available by subsection
(a) for fiscal years 2014 through 2018 shall be used by the Secretary to
carry out the programs specified in such subsection and shall remain
available until expended.''; and
(3) in subsection (d) (as redesignated by paragraph (1)), by
striking ``subsection (b)'' and inserting ``subsection (c)''.
SEC. 2602. TECHNICAL ASSISTANCE.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by striking subsection (c) (as redesignated by section
2601(b)(1)) and inserting the following:
``(c) Technical Assistance.--
``(1) Availability.--Commodity Credit Corporation funds made
available for a fiscal year for each of the programs specified
in subsection (a)--
``(A) shall be available for the provision of
technical assistance for the programs for which funds
are made available as necessary to implement the
programs effectively;
``(B) except for technical assistance for the
conservation reserve program under subchapter B of
chapter 1 of subtitle
[[Page 128 STAT. 758]]
D, shall be apportioned for the provision of technical
assistance in the amount determined by the Secretary, at
the sole discretion of the Secretary; and
``(C) shall not be available for the provision of
technical assistance for conservation programs specified
in subsection (a) other than the program for which the
funds were made available.
``(2) Priority.--
``(A) In general.--In the delivery of technical
assistance under the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590a et seq.), the Secretary
shall give priority to producers who request technical
assistance from the Secretary in order to comply for the
first time with the requirements of subtitle B and
subtitle C of this title as a result of the amendments
made by section 2611 of the Agricultural Act of 2014.
``(B) Report.--Not later than 270 days after the
date of enactment of the Agricultural Act of 2014, the
Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report regarding the extent to which the conservation
compliance requirements contained in the amendments made
by section 2611 of the Agricultural Act of 2014 apply to
and impact specialty crop growers, including national
analysis and surveys to determine the extent of
specialty crop acreage that includes highly erodible
land and wetlands.
``(3) Report.--Not later than December 31, 2014, the
Secretary shall submit (and update as necessary in subsequent
years) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report--
``(A) detailing the amount of technical assistance
funds requested and apportioned in each program
specified in subsection (a) during the preceding fiscal
year; and
``(B) any other data relating to this provision that
would be helpful to such Committees.
``(4) Compliance report.--Not later than November 1 of each
year, the Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
includes--
``(A) a description of the extent to which the
requests for highly erodible land conservation and
wetland compliance determinations are being addressed in
a timely manner;
``(B) the total number of requests completed in the
previous fiscal year;
``(C) the incomplete determinations on record; and
``(D) the number of requests that are still
outstanding more than 1 year since the date on which the
requests were received from the producer.''.
SEC. 2603. REGIONAL EQUITY.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by striking subsection (e) (as redesignated by section
2601(b)(1)) and inserting the following:
[[Page 128 STAT. 759]]
``(e) Regional Equity.--
``(1) Equitable distribution.--When determining funding
allocations each fiscal year, the Secretary shall, after
considering available funding and program demand in each State,
provide a distribution of funds for conservation programs under
subtitle D (excluding the conservation reserve program under
subchapter B of chapter 1), subtitle H, and subtitle I to ensure
equitable program participation proportional to historical
funding allocations and usage by all States.
``(2) Minimum percentage.--In determining the specific
funding allocations under paragraph (1), the Secretary shall--
``(A) ensure that during the first quarter of each
fiscal year each State has the opportunity to establish
that the State can use an aggregate allocation amount of
at least 0.6 percent of the funds made available for
those conservation programs; and
``(B) for each State that can so establish, provide
an aggregate amount of at least 0.6 percent of the funds
made available for those conservation programs.''.
SEC. 2604. RESERVATION OF FUNDS TO PROVIDE ASSISTANCE TO CERTAIN
FARMERS OR RANCHERS FOR CONSERVATION
ACCESS.
Subsection (h) of section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) (as redesignated by section 2601(b)(1)) is amended--
(1) in paragraph (1) by striking ``2012'' and inserting
``2018''; and
(2) by adding at the end the following new paragraph:
``(4) Preference.--In providing assistance under paragraph
(1), the Secretary shall give preference to a veteran farmer or
rancher (as defined in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))) that
qualifies under subparagraph (A) or (B) of paragraph (1).''.
SEC. 2605. ANNUAL REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.
Subsection (i) of section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) (as redesignated by section 2601(b)(1)) is amended--
(1) in paragraph (1), by striking ``wetlands reserve
program'' and inserting ``agricultural conservation easement
program'';
(2) by striking paragraphs (2) and (3) and redesignating
paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4),
respectively;
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``agricultural water enhancement
program'' and inserting ``regional conservation
partnership program''; and
(B) by striking ``1240I(g)'' and inserting
``1271C(c)(3)''; and
(4) by adding at the end the following:
``(5) Payments made under the conservation stewardship
program.
``(6) Exceptions provided by the Secretary under section
1265B(b)(2)(C).''.
[[Page 128 STAT. 760]]
SEC. 2606. ADMINISTRATIVE REQUIREMENTS APPLICABLE TO ALL
CONSERVATION PROGRAMS.
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is
amended--
(1) in subsection (a)(2), by adding at the end the following
new subparagraph:
``(E) Veteran farmers or ranchers (as defined in
section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e))).'';
(2) in subsection (d), by inserting ``, H, and I'' before
the period at the end;
(3) in subsection (f)--
(A) in paragraph (1)(B), by striking ``country'' and
inserting ``county''; and
(B) in paragraph (3), by striking ``subsection
(c)(2)(B) or (f)(4)'' and inserting ``subsection
(d)(2)(A)(ii) or (g)(2)'';
(4) in subsection (h)(2), by inserting ``, including, to the
extent practicable, practices that maximize benefits for honey
bees'' after ``pollinators''; and
(5) by adding at the end the following new subsections:
``(j) Improved Administrative Efficiency and Effectiveness.--In
administrating a conservation program under this title, the Secretary
shall, to the maximum extent practicable--
``(1) seek to reduce administrative burdens and costs to
producers by streamlining conservation planning and program
resources; and
``(2) take advantage of new technologies to enhance
efficiency and effectiveness.
``(k) Relation to Other Payments.--Any payment received by an owner
or operator under this title, including an easement payment or rental
payment, shall be in addition to, and not affect, the total amount of
payments that the owner or operator is otherwise eligible to receive
under any of the following:
``(1) This Act.
``(2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
``(3) The Agricultural Act of 2014.
``(4) Any law that succeeds a law specified in paragraph
(1), (2), or (3).
``(l) Funding for Indian Tribes.--In carrying out the conservation
stewardship program under subchapter B of chapter 2 of subtitle D and
the environmental quality incentives program under chapter 4 of subtitle
D, the Secretary may enter into alternative funding arrangements with
Indian tribes if the Secretary determines that the goals and objectives
of the programs will be met by such arrangements, and that statutory
limitations regarding contracts with individual producers will not be
exceeded by any tribal member.''.
SEC. 2607. STANDARDS FOR STATE TECHNICAL COMMITTEES.
Section 1261(b) of the Food Security Act of 1985 (16 U.S.C. 3861(b))
is amended by striking ``Not later than 180 days after the date of
enactment of the Food, Conservation, and Energy Act of 2008, the
Secretary shall develop'' and inserting ``The Secretary shall review and
update as necessary''.
[[Page 128 STAT. 761]]
SEC. 2608. RULEMAKING AUTHORITY.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended by adding at the end the following new section:
``SEC. 1246. <<NOTE: 16 USC 3846.>> REGULATIONS.
``(a) In General.--The Secretary shall promulgate such regulations
as are necessary to implement programs under this title, including such
regulations as the Secretary determines to be necessary to ensure a fair
and reasonable application of the limitations established under section
1244(f).
``(b) Rulemaking Procedure.--The promulgation of regulations and
administration of programs under this title--
``(1) shall be carried out without regard to chapter 35 of
title 44, United States Code (commonly known as the Paperwork
Reduction Act); and
``(2) shall be made as an interim rule effective on
publication with an opportunity for notice and comment.
``(c) Congressional Review of Agency Rulemaking.--In promulgating
regulations under this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.''.
SEC. 2609. WETLANDS MITIGATION.
Section 1222(k) of the Food Security Act of 1985 (16 U.S.C. 3822(k))
is amended to read as follows:
``(k) Mitigation Banking.--
``(1) Mitigation banking program.--
``(A) In general.--Using authorities available to
the Secretary, the Secretary shall operate a program or
work with third parties to establish mitigation banks to
assist persons in complying with the provisions of this
section while mitigating any loss of wetland values and
functions.
``(B) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use $10,000,000, to
remain available until expended, to carry out this
paragraph.
``(2) Applicability.--Subsection (f)(2)(C) shall not apply
to this subsection.
``(3) Policy and criteria.--The Secretary shall develop the
appropriate policy and criteria that will allow willing persons
to access existing mitigation banks, under this section or any
other authority, that will serve the purposes of this section
without requiring the Secretary to hold an easement, in whole or
in part, in a mitigation bank.''.
SEC. 2610. LESSER PRAIRIE-CHICKEN CONSERVATION REPORT.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report containing
the results of a review and analysis of each of the activities
(including those administered by the Secretary) that pertain to the
conservation of the lesser prairie-chicken, including the conservation
reserve program, the environmental quality incentives program, the
Lesser Prairie-Chicken Initiative, the Western Association of Fish and
Wildlife Agencies Candidate Conservation Agreement with Assurances for
Oil and Gas, and
[[Page 128 STAT. 762]]
the Western Association of Fish and Wildlife Agencies Lesser Prairie-
Chicken Range-Wide Conservation Plan.
(b) Contents.--The Secretary shall include in the report required by
this section, at a minimum--
(1) with respect to each activity described in subsection
(a) as it relates to the conservation of the lesser prairie-
chicken, findings regarding--
(A) the cost of the activity to the Federal
Government, impacted State governments, and the private
sector;
(B) the conservation effectiveness of the activity;
and
(C) the cost effectiveness of the activity; and
(2) a ranking of the activities described in subsection (a)
based on their relative cost effectiveness.
SEC. 2611. HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION FOR CROP
INSURANCE.
(a) Highly Erodible Land Program Ineligibility.--
(1) In general.--Section 1211(a)(1) of the Food Security Act
of 1985 (16 U.S.C. 3811(a)(1)) is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(E) any portion of the premium paid by the Federal
Crop Insurance Corporation for a policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.), on the condition that if a person is
determined to have committed a violation under this
subsection during a crop year, ineligibility under this
subparagraph shall--
``(i) only apply to reinsurance years
subsequent to the date of final determination of a
violation, including all administrative appeals;
and
``(ii) not apply to the existing reinsurance
year or any reinsurance year prior to the date of
final determination;''.
(2) Exemptions.--Section 1212(a)(2) of the Food Security Act
of 1985 (16 U.S.C. 3812(a)(2)) is amended--
(A) in the first sentence, by striking ``(2) If,''
and inserting the following:
``(2) Eligibility based on compliance with conservation
plan.--
``(A) In general.--If,'';
(B) in the second sentence, by striking ``In
carrying'' and inserting the following:
``(B) Minimization of documentation.--In carrying'';
and
(C) by adding at the end the following:
``(C) Crop insurance.--
``(i) Operations new to compliance.--
Notwithstanding section 1211(a), in the case of a
person that is subject to section 1211 for the
first time solely due to the amendment made by
section 2611(a) of the Agricultural Act of 2014,
any person who produces an agricultural commodity
on the land that is the basis of the payments
described in section 1211(a)(1)(E) shall have 5
reinsurance years after the date on which such
payments become subject to section 1211 to develop
[[Page 128 STAT. 763]]
and comply with an approved conservation plan so
as to maintain eligibility for such payments.
``(ii) Existing operations with prior
violations.--Notwithstanding section 1211(a), in
the case of a person that the Secretary determines
would have been in violation of section 1211(a) if
the person had continued participation in the
programs requiring compliance at any time after
the date of enactment of the Agricultural Act of
2014 and is currently in violation of section
1211(a), the person shall have 2 reinsurance years
after the date on which the payments described in
section 1211(a)(1)(E) become subject to section
1211 to develop and comply with an approved
conservation plan, as determined by the Secretary,
so as to maintain eligibility for such payments.
``(iii) Applicable reinsurance year.--
Ineligibility for the payment described in section
1211(a)(1)(E) for a violation under this
subparagraph during a crop year shall--
``(I) only apply to reinsurance
years subsequent to the date of a final
determination of a violation, including
all administrative appeals; and
``(II) not apply to the existing
reinsurance year or any reinsurance year
prior to the date of the final
determination.''.
(3) Crop insurance premium assistance.--Section 1213(d) of
the Food Security Act of 1985 (16 U.S.C. 3812a(d)) is amended by
adding at the end the following:
``(4) Crop insurance premium assistance.--For the purpose of
determining the eligibility of a person for the payment
described in section 1211(a)(1)(E), the Secretary shall apply
the procedures described in section 1221(c)(3)(E) and coordinate
the certification process so as to avoid duplication or
unnecessary paperwork.''.
(b) Wetland Conservation Program Ineligibility.--Section 1221 of the
Food Security Act of 1985 (16 U.S.C. 3821) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Ineligibility for Crop Insurance Premium Assistance.--
``(1) Requirements.--
``(A) In general.--If a person is determined to have
committed a violation under subsection (a) or (d) during
a crop year, the person shall be ineligible to receive
any payment of any portion of premium paid by the
Federal Crop Insurance Corporation for a plan or policy
of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) pursuant to this subsection.
``(B) Applicability.--Ineligibility under this
subsection shall--
``(i) only apply to reinsurance years
subsequent to the date of a final determination of
a violation, including all administrative appeals;
and
``(ii) not apply to the existing reinsurance
year or any reinsurance year prior to the date of
the final determination.
[[Page 128 STAT. 764]]
``(2) Conversions.--
``(A) In general.--Notwithstanding paragraph (1),
ineligibility for crop insurance premium assistance
shall apply in accordance with this paragraph.
``(B) New conversions.--In the case of a wetland
that the Secretary determines was converted after the
date of enactment of the Agricultural Act of 2014--
``(i) the person shall be ineligible to
receive crop insurance premium subsidies in
subsequent reinsurance years unless the Secretary
determines that an exemption pursuant to section
1222 applies; or
``(ii) for any violation that the Secretary
determines impacts less than 5 acres of an entire
farm, the person may pay a contribution in an
amount equal to 150 percent of the cost of
mitigation, as determined by the Secretary, to the
fund described in section 1241(f) for wetland
restoration in lieu of ineligibility to receive
crop insurance premium assistance.
``(C) Prior conversions.--In the case of a wetland
that the Secretary determines was converted prior to the
date of enactment of the Agricultural Act of 2014,
ineligibility under this subsection shall not apply.
``(D) Conversions and new policies or plans of
insurance.--In the case of an agricultural commodity for
which an individual policy or plan of insurance is
available for the first time to the person after the
date of enactment of the Agricultural Act of 2014--
``(i) ineligibility shall apply only to
conversions that take place after the date on
which the policy or plan of insurance first
becomes available to the person; and
``(ii) the person shall take such steps as the
Secretary determines appropriate to mitigate any
prior conversion in a timely manner but not to
exceed 2 reinsurance years.
``(3) Limitations.--
``(A) Mitigation required.--Except as otherwise
provided in this paragraph, a person subject to a final
determination, including all administrative appeals, of
a violation described in subsection (d) shall have 1
reinsurance year to initiate a mitigation plan to remedy
the violation, as determined by the Secretary, before
becoming ineligible under this subsection in the
following reinsurance year to receive any payment of any
portion of the premium paid by the Federal Crop
Insurance Corporation for a policy or plan of insurance
under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.).
``(B) Persons covered for the first time.--
Notwithstanding the requirements of paragraph (1), in
the case of a person that is subject to this subsection
for the first time solely due to the amendment made by
section 2611(b) of the Agricultural Act of 2014, the
person shall have 2 reinsurance years after the
reinsurance year in which a final determination is made,
including all administrative appeals, of a violation
described in this subsection to take such steps as the
Secretary determines appropriate to remedy or mitigate
the violation in accordance with this subsection.
[[Page 128 STAT. 765]]
``(C) Good faith.--If the Secretary determines that
a person subject to a final determination, including all
administrative appeals, of a violation described in this
subsection acted in good faith and without intent to
commit a violation described in this subsection as
described in section 1222(h), the person shall have 2
reinsurance years to take such steps as the Secretary
determines appropriate to remedy or mitigate the
violation in accordance with this subsection.
``(D) Tenant relief.--
``(i) In general.--If a tenant is determined
to be ineligible for payments and other benefits
under this subsection, the Secretary may limit the
ineligibility only to the farm that is the basis
for the ineligibility determination if the tenant
has established, to the satisfaction of the
Secretary that--
``(I) the tenant has made a good
faith effort to meet the requirements of
this section, including enlisting the
assistance of the Secretary to obtain a
reasonable plan for restoration or
mitigation for the farm;
``(II) the landlord on the farm
refuses to comply with the plan on the
farm; and
``(III) the Secretary determines
that the lack of compliance is not a
part of a scheme or device to avoid the
compliance.
``(ii) Report.--The Secretary shall submit to
the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an annual
report concerning the ineligibility determinations
limited during the previous 12-month period under
this subparagraph.
``(E) Certificate of compliance.--
``(i) In general.--Beginning with the first
full reinsurance year immediately following the
date of enactment of this paragraph, all persons
seeking eligibility for the payment of a portion
of the premium paid by the Federal Crop Insurance
Corporation for a policy or plan of insurance
under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) shall provide certification of
compliance with this section as determined by the
Secretary.
``(ii) Timely evaluation.--The Secretary shall
evaluate the certification in a timely manner
and--
``(I) a person who has properly
complied with certification shall be
held harmless with regard to eligibility
during the period of evaluation; and
``(II) if the Secretary fails to
evaluate the certification in a timely
manner and the person is subsequently
found to be in violation of this
subsection, ineligibility shall not
apply to the person for that violation.
``(iii) Equitable contribution.--
``(I) In general.--If a person fails
to notify the Secretary as required and
is subsequently found to be in violation
of this subsection, the Secretary
shall--
[[Page 128 STAT. 766]]
``(aa) determine the amount
of an equitable contribution to
conservation by the person for
the violation; and
``(bb) deposit the
contribution in the fund
described in section 1241(f).
``(II) Limitation.--The contribution
shall not exceed the total of the
portion of the premium paid by the
Federal Crop Insurance Corporation for a
policy or plan of insurance for all
years the person is determined to have
been in violation subsequent to the date
on which certification was first
required under this subparagraph.
``(4) Duties of the secretary.--
``(A) In general.--In carrying out this subsection,
the Secretary shall use existing processes and
procedures for certifying compliance.
``(B) Responsibility.--The Secretary, acting through
the agencies of the Department of Agriculture, shall be
solely responsible for determining whether a producer is
eligible to receive crop insurance premium subsidies in
accordance with this subsection.
``(C) Limitation.--The Secretary shall ensure that
no agent, approved insurance provider, or employee or
contractor of an agency or approved insurance provider,
bears responsibility or liability for the eligibility of
an insured producer under this subsection, other than in
cases of misrepresentation, fraud, or scheme and
device.''.
Subtitle H--Repeal of Superseded Program Authorities and Transitional
Provisions; Technical Amendments
SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM.
Section 1230 of the Food Security Act of 1985 (16 U.S.C. 3830) is
repealed.
SEC. 2702. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.
(a) <<NOTE: 16 USC 3831 note.>> Repeal.--Except as provided in
subsection (b), section 1231A of the Food Security Act of 1985 (16
U.S.C. 3831a) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts and agreements.--The
amendment made by this section shall not affect the validity or
terms of any contract or agreement entered into by the Secretary
of Agriculture under section 1231A of the Food Security Act of
1985 (16 U.S.C. 3831a) before the date of enactment of the
Agricultural Act of 2014, or any payments required to be made in
connection with the contract or agreement.
(2) Funding.--The Secretary may use funds made available to
carry out the conservation reserve program under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3831 et seq.) to continue to carry out
[[Page 128 STAT. 767]]
contracts or agreements referred to in paragraph (1) using the
provisions of law and regulation applicable to such contracts or
agreements as in existence on the day before the date of
enactment of the Agricultural Act of 2014.
SEC. 2703. WETLANDS RESERVE PROGRAM.
(a) Repeal.--Except as provided in subsection (b), subchapter C of
chapter 1 of subtitle D of title XII of the Food Security Act of
1985 <<NOTE: 16 USC 3837 and note, 3837a-3837f.>> (16 U.S.C. 3837 et
seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts, agreements, and
easements.--The amendment made by this section shall not affect
the validity or terms of any contract, agreement, or easement
entered into by the Secretary of Agriculture under subchapter C
of chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3837 et seq.) before the date of enactment of
the Agricultural Act of 2014, or any payments required to be
made in connection with the contract, agreement, or easement.
(2) Funding.--
(A) Use of prior year funds.--Notwithstanding the
repeal of subchapter C of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C.
3837 et seq.), any funds made available from the
Commodity Credit Corporation to carry out the wetlands
reserve program under that subchapter for fiscal years
2009 through 2013 shall be made available to carry out
contracts, agreements, or easements referred to in
paragraph (1) that were entered into prior to the date
of enactment of the Agricultural Act of 2014 (including
the provision of technical assistance), provided that no
such contract, agreement, or easement is modified so as
to increase the amount of the payment received.
(B) Other.--The Secretary may use funds made
available to carry out the agricultural conservation
easement program under subtitle H of title XII of the
Food Security Act of 1985, as added by section 2301, to
continue to carry out contracts, agreements, and
easements referred to in paragraph (1) using the
provisions of law and regulation applicable to such
contracts, agreements, and easements as in existence on
the day before the date of enactment of the Agricultural
Act of 2014.
SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM VIABILITY PROGRAM.
(a) Repeal.--Except as provided in subsection (b), subchapter C of
chapter 2 of subtitle D of title XII of the Food Security Act of
1985 <<NOTE: 16 USC 3838h and note, 3838i, 3838j.>> (16 U.S.C. 3838h et
seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing agreements and easements.--The
amendment made by this section shall not affect the validity or
terms of any agreement or easement entered into by the Secretary
of Agriculture under subchapter C of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et
seq.) before the date of enactment of the Agricultural Act of
2014, or any payments required to be made in connection with the
agreement or easement.
(2) Funding.--
[[Page 128 STAT. 768]]
(A) Use of prior year funds.--Notwithstanding the
repeal of subchapter C of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C.
3838h et seq.), any funds made available from the
Commodity Credit Corporation to carry out the farmland
protection program under that subchapter for fiscal
years 2009 through 2013 shall be made available to carry
out agreements and easements referred to in paragraph
(1) that were entered into prior to the date of
enactment of the Agricultural Act of 2014 (including the
provision of technical assistance).
(B) Other.--On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the agricultural conservation
easement program under subtitle H of title XII of the
Food Security Act of 1985, as added by section 2301, to
continue to carry out agreements and easements referred
to in paragraph (1) using the provisions of law and
regulation applicable to such agreements and easements
as in existence on the day before the date of enactment
of the Agricultural Act of 2014.
SEC. 2705. GRASSLAND RESERVE PROGRAM.
(a) Repeal.--Except as provided in subsection (b), subchapter D of
chapter 2 of subtitle D of title XII of the Food Security Act of
1985 <<NOTE: 16 USC 3838n and note, 3838o-3838q.>> (16 U.S.C. 3838n et
seq.) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts, agreements, and
easements.--The amendment made by this section shall not affect
the validity or terms of any contract, agreement, or easement
entered into by the Secretary of Agriculture under subchapter D
of chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838n et seq.) before the date of enactment
of the Agricultural Act of 2014, or any payments required to be
made in connection with the contract, agreement, or easement.
(2) Funding.--
(A) Use of prior year funds.--Notwithstanding the
repeal of subchapter D of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C.
3838n et seq.), any funds made available from the
Commodity Credit Corporation to carry out the grassland
reserve program under that subchapter for fiscal years
2009 through 2013 shall be made available to carry out
contracts, agreements, or easements referred to in
paragraph (1) that were entered into prior to the date
of enactment of the Agricultural Act of 2014 (including
the provision of technical assistance), provided that no
such contract, agreement, or easement is modified so as
to increase the amount of the payment received.
(B) Other.--The Secretary may use funds made
available to carry out the agricultural conservation
easement program under subtitle H of title XII of the
Food Security Act of 1985, as added by section 2301, to
continue to carry out contracts, agreements, and
easements referred
[[Page 128 STAT. 769]]
to in paragraph (1) using the provisions of law and
regulation applicable to such contracts, agreements, and
easements as in existence on the day before the date of
enactment of the Agricultural Act of 2014.
SEC. 2706. AGRICULTURAL WATER ENHANCEMENT PROGRAM.
(a) <<NOTE: 16 USC 3839aa-9 note.>> Repeal.--Except as provided in
subsection (b), section 1240I of the Food Security Act of 1985 (16
U.S.C. 3839aa-9) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts and agreements.--The
amendment made by this section shall not affect the validity or
terms of any contract or agreement entered into by the Secretary
of Agriculture under section 1240I of the Food Security Act of
1985 (16 U.S.C. 3839aa-9) before the date of enactment of the
Agricultural Act of 2014, or any payments required to be made in
connection with the contract or agreement.
(2) Funding.--
(A) Use of prior year funds.--Notwithstanding the
repeal of section 1240I of the Food Security Act of 1985
(16 U.S.C. 3839aa-9), any funds made available from the
Commodity Credit Corporation to carry out the
agricultural water enhancement program under that
section for fiscal years 2009 through 2013 shall be made
available to carry out contracts and agreements referred
to in paragraph (1) that were entered into prior to the
date of enactment of the Agricultural Act of 2014
(including the provision of technical assistance).
(B) Other.--On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the regional conservation
partnership program under subtitle I of title XII of the
Food Security Act of 1985, as added by section 2401, to
continue to carry out contracts and agreements referred
to in paragraph (1) using the provisions of law and
regulation applicable to such contracts and agreements
as in existence on the day before the date of enactment
of the Agricultural Act of 2014.
SEC. 2707. <<NOTE: 16 USC 3839bb-1 note.>> WILDLIFE HABITAT
INCENTIVE PROGRAM.
(a) Repeal.--Except as provided in subsection (b), section 1240N of
the Food Security Act of 1985 (16 U.S.C. 3839bb-1) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts and agreements.--The
amendment made by this section shall not affect the validity or
terms of any contract or agreement entered into by the Secretary
of Agriculture under section 1240N of the Food Security Act of
1985 (16 U.S.C. 3839bb-1) before the date of enactment of the
Agricultural Act of 2014, or any payments required to be made in
connection with the contract or agreement.
(2) Funding.--
(A) Use of prior year funds.--Notwithstanding the
repeal of section 1240N of the Food Security Act of 1985
(16 U.S.C. 3839bb-1), any funds made available from the
Commodity Credit Corporation to carry out the wildlife
habitat incentive program under that section for fiscal
[[Page 128 STAT. 770]]
years 2009 through 2013 shall be made available to carry
out contracts or agreements referred to in paragraph (1)
which were entered into prior to the date of enactment
of the Agricultural Act of 2014 (including the provision
of technical assistance).
(B) Other.--On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the environmental quality
incentives program under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C.
3839aa et seq.) to continue to carry out contracts or
agreements referred to in paragraph (1) using the
provisions of law and regulation applicable to such
contracts or agreements as in existence on the day
before the date of enactment of the Agricultural Act of
2014.
SEC. 2708. GREAT LAKES BASIN PROGRAM.
Section 1240P of the Food Security Act of 1985 (16 U.S.C. 3839bb-3)
is repealed.
SEC. 2709. CHESAPEAKE BAY WATERSHED PROGRAM.
(a) <<NOTE: 16 USC 3839bb-4 note.>> Repeal.--Except as provided in
subsection (b), section 1240Q of the Food Security Act of 1985 (16
U.S.C. 3839bb-4) is repealed.
(b) Transitional Provisions.--
(1) Effect on existing contracts, agreements, and
easements.--The amendment made by this section shall not affect
the validity or terms of any contract, agreement, or easement
entered into by the Secretary of Agriculture under section 1240Q
of the Food Security Act of 1985 (16 U.S.C. 3839bb-4) before the
date of enactment of the Agricultural Act of 2014, or any
payments required to be made in connection with the contract,
agreement, or easement.
(2) Funding.--
(A) Use of prior year funds.--Notwithstanding the
repeal of section 1240Q of the Food Security Act of 1985
(16 U.S.C. 3839bb-4), any funds made available from the
Commodity Credit Corporation to carry out the Chesapeake
Bay watershed program under that section for fiscal
years 2009 through 2013 shall be made available to carry
out contracts, agreements, and easements referred to in
paragraph (1) that were entered into prior to the date
of enactment of the Agricultural Act of 2014 (including
the provision of technical assistance).
(B) Other.--The Secretary may use funds made
available to carry out the regional conservation
partnership program under subtitle I of title XII of the
Food Security Act of 1985, as added by section 2401, to
continue to carry out contracts, agreements, and
easements referred to in paragraph (1) using the
provisions of law and regulation applicable to such
contracts, agreements, and easements as in existence on
the day before the date of enactment of the Agricultural
Act of 2014.
SEC. 2710. <<NOTE: 16 USC 3843 note.>> COOPERATIVE CONSERVATION
PARTNERSHIP INITIATIVE.
(a) Repeal.--Except as provided in subsection (b), section 1243 of
the Food Security Act of 1985 (16 U.S.C. 3843) is repealed.
(b) Transitional Provisions.--
[[Page 128 STAT. 771]]
(1) Effect on existing contracts and agreements.--The
amendment made by this section shall not affect the validity or
terms of any contract or agreement entered into by the Secretary
of Agriculture under section 1243 of the Food Security Act of
1985 (16 U.S.C. 3843) before the date of enactment of the
Agricultural Act of 2014, or any payments required to be made in
connection with the contract or agreement.
(2) Funding.--
(A) Use of prior year funds.--Notwithstanding the
repeal of section 1243 of the Food Security Act of 1985
(16 U.S.C. 3843), any funds made available from the
Commodity Credit Corporation to carry out the
cooperative conservation partnership initiative under
that section for fiscal years 2009 through 2013 shall be
made available to carry out contracts and agreements
referred to in paragraph (1) that were entered into
prior to the date of enactment of the Agricultural Act
of 2014 (including the provision of technical
assistance).
(B) Other.--On exhaustion of funds made available
under subparagraph (A), the Secretary may use funds made
available to carry out the regional conservation
partnership program under subtitle I of title XII of the
Food Security Act of 1985, as added by section 2401, to
continue to carry out contracts and agreements referred
to in paragraph (1) using the provisions of law and
regulation applicable to such contracts and agreements
as in existence on the day before the date of enactment
of the Agricultural Act of 2014.
SEC. 2711. ENVIRONMENTAL EASEMENT PROGRAM.
Chapter 3 of subtitle D of title XII of the Food Security Act of
1985 <<NOTE: 16 USC 3839-3839d. 16 USC 3801 note.>> (16 U.S.C. 3839 et
seq.) is repealed.
SEC. 2712. TEMPORARY ADMINISTRATION OF CONSERVATION PROGRAMS.
(a) Applicability.--This section is applicable to activities under--
(1) the wetlands reserve program, the farmland protection
program, and the farm viability program being merged into the
agricultural conservation easement program under the amendment
made by section 2301;
(2) the wildlife habitat incentive program being merged into
the environmental quality incentives program under the
amendments made by subtitle C;
(3) the agricultural water enhancement program, the
Chesapeake Bay watershed program, the cooperative conservation
partnership initiative, and the Great Lakes basin program being
merged into the regional conservation partnership program under
the amendment made by section 2401; and
(4) the grassland reserve program being merged into the
conservation reserve program under the amendments made by
subtitle A and into the agricultural conservation easement
program under the amendment made by section 2301.
(b) Interim Administration.--Subject to subsection (d), with respect
to the implementation of the agricultural conservation easement program
under subtitle H of title XII of the Food Security Act of 1985, as added
by section 2301, the amendments to the environmental quality incentives
program made by subtitle C, the
[[Page 128 STAT. 772]]
regional conservation partnership program under subtitle I of title XII
of the Food Security Act of 1985, as added by section 2401, and the
amendments to the conservation reserve program made by subtitle A, the
Secretary shall use the regulations in existence as of the day before
the date of enactment of this Act that are applicable to the wetlands
reserve program, the grassland reserve program, the farmland protection
program, the farm viability program, the wildlife habitat incentive
program, the agricultural water enhancement program, the Chesapeake Bay
watershed program, the cooperative conservation partnership initiative,
and the Great Lakes basin program repealed by this subtitle, to the
extent that the terms and conditions of such regulations are consistent
with--
(1) the provisions of the agricultural conservation easement
program and the regional conservation partnership program; and
(2) the amendments to the environmental quality incentives
program and the conservation reserve program made by this title.
(c) Funding.--The Secretary may only use funds authorized in this
title or in the amendments made by this title for the specific programs
listed in subsection (b), including any restrictions on the use of those
funds, for the purposes identified in paragraphs (1) and (2) of
subsection (b).
(d) Termination of Authority.--The authority of the Secretary to
carry out subsection (b) shall terminate on the date that is 270 days
after the date of enactment of this Act.
(e) Permanent Administration.--Effective beginning on the
termination date described in subsection (d), the Secretary shall
provide technical assistance, financial assistance, and easement
enrollment in accordance with any final regulations that the Secretary
considers necessary to carry out this title and the amendments made by
this title.
SEC. 2713. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 1201(a) of the Food Security Act of 1985
(16 U.S.C. 3801(a)) is amended in the matter preceding paragraph (1) by
striking ``E'' and inserting ``I''.
(b) Program Ineligibility.--Section 1211(a) of the Food Security Act
of 1985 (16 U.S.C. 3811(a)) is amended by striking ``predominate'' each
place it appears and inserting ``predominant''.
(c) Specialty Crop Producers.--Section 1242(i) of the Food Security
Act of 1985 (16 U.S.C. 3842(i)) is amended in the header by striking
``Speciality'' and inserting ``Specialty''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3001. GENERAL AUTHORITY.
Section 201 of the Food for Peace Act (7 U.S.C. 1721) is amended--
(1) in the matter preceding paragraph (1), by inserting
``(to be implemented by the Administrator)'' after ``under this
title''; and
(2) by striking paragraph (7) and the second sentence and
inserting the following new paragraph:
[[Page 128 STAT. 773]]
``(7) build resilience to mitigate and prevent food crises
and reduce the future need for emergency aid.''.
SEC. 3002. SET-ASIDE FOR SUPPORT FOR ORGANIZATIONS THROUGH WHICH
NONEMERGENCY ASSISTANCE IS PROVIDED.
Section 202(e) of the Food for Peace Act (7 U.S.C. 1722(e)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``13 percent'' and inserting ``20 percent'';
(B) in subparagraph (A), by striking ``new'' and
inserting ``and enhancing'';
(C) by striking subparagraph (B);
(D) by redesignating subparagraph (C) as
subparagraph (D); and
(E) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) meeting specific administrative, management,
personnel, transportation, storage, and distribution
costs for carrying out programs in foreign countries
under this title;
``(C) implementing income-generating, community
development, health, nutrition, cooperative development,
agricultural, and other developmental activities within
1 or more recipient countries or within 1 or more
countries in the same region; and''; and
(2) by adding at the end the following new paragraph:
``(4) Investment authority.--An eligible organization that
receives funds made available under paragraph (1) may invest the
funds pending the eligible organization's use of the funds. Any
interest earned on such investment may be used for the purposes
for which the assistance was provided to the eligible
organization without further appropriation by Congress.''.
SEC. 3003. FOOD AID QUALITY.
Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is
amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) In general.--The Administrator shall use funds made
available for fiscal year 2014 and subsequent fiscal years to
carry out this title--
``(A) to assess the types and quality of
agricultural commodities and products donated for food
aid;
``(B) to adjust products and formulations, including
potential introduction of new fortificants and products,
as necessary to cost-effectively meet nutrient needs of
target populations;
``(C) to test prototypes;
``(D) to adopt new specifications or improve
existing specifications for micronutrient fortified food
aid products, based on the latest developments in food
and nutrition science, and in coordination with other
international partners;
``(E) to develop new program guidance to facilitate
improved matching of products to purposes having
nutritional intent, in coordination with other
international partners;
[[Page 128 STAT. 774]]
``(F) to develop improved guidance for implementing
partners on how to address nutritional deficiencies that
emerge among recipients for whom food assistance is the
sole source of diet in emergency programs that extend
beyond 1 year, in coordination with other international
partners; and
``(G) to evaluate, in appropriate settings and as
necessary, the performance and cost-effectiveness of new
or modified specialized food products and program
approaches designed to meet the nutritional needs of the
most vulnerable groups, such as pregnant and lactating
mothers, and children under the age of 5.''; and
(2) in paragraph (3), by striking ``fiscal years 2009
through 2011'' and inserting ``fiscal years 2014 through 2018''.
SEC. 3004. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended--
(1) in paragraph (1), by striking ``2012'' and inserting
``2018''; and
(2) in paragraph (2), by striking ``2012'' and inserting
``2018''.
SEC. 3005. FOOD AID CONSULTATIVE GROUP.
(a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C.
1725(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) representatives from the United States agricultural
processing sector involved in providing agricultural commodities
for programs under this Act; and''.
(b) Consultation.--Section 205(d) of the Food for Peace Act (7
U.S.C. 1725(d)) is amended--
(1) by striking the first sentence and inserting the
following:
``(1) Consultation in advance of issuance of implementation
regulations, handbooks, and guidelines.--Not later than 45 days
before a proposed regulation, handbook, or guideline
implementing this title, or a proposed significant revision to a
regulation, handbook, or guideline implementing this title,
becomes final, the Administrator shall provide the proposal to
the Group for review and comment.''; and
(2) by adding at the end the following new paragraph:
``(2) Consultation regarding food aid quality efforts.--The
Administrator shall seek input from and consult with the Group
on the implementation of section 202(h).''.
(c) Reauthorization.--Section 205(f) of the Food for Peace Act (7
U.S.C. 1725(f)) is amended by striking ``2012'' and inserting ``2018''.
SEC. 3006. OVERSIGHT, MONITORING, AND EVALUATION.
(a) Regulations and Guidance.--Section 207(c) of the Food for Peace
Act (7 U.S.C. 1726a(c)) is amended--
(1) in the subsection heading, by inserting ``and Guidance''
after ``Regulations'';
[[Page 128 STAT. 775]]
(2) in paragraph (1), by adding at the end the following new
sentence: ``Not later than 270 days after the date of the
enactment of the Agricultural Act of 2014, the Administrator
shall issue all regulations and revisions to agency guidance
necessary to implement the amendments made to this title by such
Act.''; and
(3) in paragraph (2), by inserting ``and guidance'' after
``develop regulations''.
(b) Funding.--Section 207(f) of the Food for Peace Act (7 U.S.C.
1726a(f)) is amended--
(1) in paragraph (2)(F), by striking ``upgraded'' and
inserting ``maintenance of'';
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively; and
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A), by striking ``$22,000,000''
and all that follows through the period at the end and
inserting ``$17,000,000 of the funds made available
under this title for each of fiscal years 2014 through
2018, except for paragraph (2)(F), for which not more
than $500,000 shall be made available for each of the
fiscal years 2014 through 2018.''; and
(B) in subparagraph (B)(i), by striking ``2012'' and
inserting ``2018''.
(c) Implementation Reports.--Not later than 270 days after the date
of the enactment of this Act, the Administrator of the Agency for
International Development shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committees on Agriculture
and Foreign Affairs of the House of Representatives a report
describing--
(1) the implementation of section 207(c) of the Food for
Peace Act (7 U.S.C. 1726a(c));
(2) the surveys, studies, monitoring, reporting, and audit
requirements for programs conducted under title II of such Act
(7 U.S.C. 1721 et seq.) by an eligible organization that is a
nongovernmental organization (as such term is defined in section
402 of such Act (7 U.S.C. 1732)); and
(3) the surveys, studies, monitoring, reporting, and audit
requirements for such programs by an eligible organization that
is an intergovernmental organization, such as the World Food
Program or other multilateral organization.
SEC. 3007. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-
STABLE PREPACKAGED FOODS.
Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is
amended by striking ``$8,000,000 for each of fiscal years 2001 through
2012'' and inserting ``$10,000,000 for each of fiscal years 2014 through
2018''.
SEC. 3008. IMPACT ON LOCAL FARMERS AND ECONOMY AND REPORT ON USE
OF FUNDS.
(a) Impact on Local Farmers and Economy.--Section 403(b) of the Food
for Peace Act (7 U.S.C. 1733(b)) is amended by adding at the end the
following new sentence: ``The Secretary or the Administrator, as
appropriate, shall seek information, as part of the regular proposal and
submission process, from implementing
[[Page 128 STAT. 776]]
agencies on the potential costs and benefits to the local economy of
sales of agricultural commodities within the recipient country.''.
(b) Report on Use of Funds.--Section 403 of the Food for Peace Act
(7 U.S.C. 1733) is amended by adding at the end the following new
subsection:
``(m) Report on Use of Funds.--
``(1) Report required.--Not later than 180 days after the
date of the enactment of the Agricultural Act of 2014, and
annually thereafter, the Administrator shall submit to Congress
a report that--
``(A) specifies the amount of funds (including funds
for administrative costs, indirect cost recovery,
internal transportation, storage, and handling, and
associated distribution costs) provided to each eligible
organization that received assistance under this Act in
the previous fiscal year;
``(B) describes how those funds were used by the
eligible organization;
``(C) describes the actual rate of return for each
commodity made available under this Act, including--
``(i) factors that influenced the rate of
return; and
``(ii) for the commodity, the costs of bagging
or further processing, ocean transportation,
inland transportation in the recipient country,
storage costs, and any other information that the
Administrator determines to be necessary; and
``(D) for each instance in which a commodity was
made available under this Act at a rate of return less
than 70 percent, describes the reasons for the rate of
return realized.
``(2) Rate of return described.--For purposes of applying
paragraph (1)(C), the rate of return for a commodity shall be
equal to the proportion that--
``(A) the proceeds the implementing partners
generate through monetization; bears to
``(B) the cost to the Federal Government to procure
and ship the commodity to a recipient country for
monetization.''.
SEC. 3009. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4) of the Food for Peace Act (7 U.S.C. 1736a(c)(4))
is amended--
(1) in subparagraph (A)--
(A) by striking ``2012'' and inserting ``2018''; and
(B) by striking ``for each such fiscal year not more
than $10,000,000 of such funds'' and inserting ``for
each of fiscal years 2001 through 2013 not more than
$10,000,000 of such funds and for each of fiscal years
2014 through 2018 not more than $15,000,000 of such
funds''; and
(2) by striking subparagraph (B) and inserting the following
new subparagraph:
``(B) Additional prepositioning sites.--The
Administrator may establish additional sites for
prepositioning in foreign countries or change the
location of current sites for prepositioning in foreign
countries after conducting,
[[Page 128 STAT. 777]]
and based on the results of, assessments of need, the
availability of appropriate technology for long-term
storage, feasibility, and cost.''.
SEC. 3010. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND
ACTIVITIES.
Section 407(f)(1) of the Food for Peace Act (7 U.S.C. 1736a(f)(1))
is amended--
(1) in the paragraph heading, by striking ``agricultural
trade'' and inserting ``food aid'';
(2) in subparagraph (B)(ii), by inserting before the
semicolon at the end the following: ``and the total number of
beneficiaries of the project and the activities carried out
through such project''; and
(3) in subparagraph (B)(iii)--
(A) in the matter preceding subclause (I), by
inserting ``, and the total number of beneficiaries
in,'' after ``commodities made available to'';
(B) by striking ``and'' at the end of subclause (I);
(C) by inserting ``and'' at the end of subclause
(II); and
(D) by inserting after subclause (II) the following
new subclause:
``(III) the McGovern-Dole
International Food for Education and
Child Nutrition Program established by
section 3107 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C.
1736o-1);''.
SEC. 3011. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO PROVIDE
OTHER ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by
striking ``2012'' and inserting ``2018''.
SEC. 3012. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.
Subsection (e) of section 412 of the Food for Peace Act (7 U.S.C.
1736f) is amended to read as follows:
``(e) Minimum Level of Nonemergency Food Assistance.--
``(1) In general.--Subject to paragraph (2), of the amounts
made available to carry out emergency and nonemergency food
assistance programs under title II, not less than 20 nor more
than 30 percent for each of fiscal years 2014 through 2018 shall
be expended for nonemergency food assistance programs under
title II.
``(2) Minimum level.--The amount made available to carry out
nonemergency food assistance programs under title II shall not
be less than $350,000,000 for any fiscal year.''.
SEC. 3013. MICRONUTRIENT FORTIFICATION PROGRAMS.
(a) Elimination of Obsolete Reference to Study.--Section
415(a)(2)(B) of the Food for Peace Act (7 U.S.C. 1736g-2(a)(2)(B)) is
amended by striking ``, using recommendations'' and all that follows
through ``quality enhancements''.
(b) Extension.--Section 415(c) of the Food for Peace Act (7 U.S.C.
1736g-2(c)) is amended by striking ``2012'' and inserting ``2018''.
[[Page 128 STAT. 778]]
SEC. 3014. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER
PROGRAM.
(a) Funding and Reauthorization of Program.--Section 501 of the Food
for Peace Act (7 U.S.C. 1737) is amended--
(1) in subsection (d), in the matter preceding paragraph
(1), by striking ``2012'' and inserting ``2013, and not less
than the greater of $15,000,000 or 0.6 percent of the amounts
made available for each of fiscal years 2014 through 2018,'';
and
(2) in subsection (e)(1), by striking ``2012'' and inserting
``2018''.
(b) Comptroller General Report.--Not later than 270 days after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that contains--
(1) a review of the John Ogonowski and Doug Bereuter Farmer-
to-Farmer Program authorized by section 501 of the Food for
Peace Act (7 U.S.C. 1737); and
(2) recommendations relating to actions that the Comptroller
General determines to be necessary to improve the monitoring and
evaluation of assistance provided under such program.
SEC. 3015. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS REPORT.
Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is amended--
(1) by striking ``(a) In General.--To the maximum'' and
inserting ``To the maximum''; and
(2) by striking subsection (b).
Subtitle B--Agricultural Trade Act of 1978
SEC. 3101. EXPORT CREDIT GUARANTEE PROGRAM.
(a) Short-Term Credit Guarantees.--Section 202 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5622) is amended--
(1) in subsection (a), by striking ``3-year'' and inserting
``24-month'';
(2) in subsection (d), by striking ``country'' and inserting
``obligor'';
(3) by striking subsection (i);
(4) by redesignating subsections (j) and (k) as subsections
(i) and (j), respectfully; and
(5) in subsection (j)(2) (as so redesignated)--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) through (E)
as subparagraphs (A) through (C), respectfully;
(C) in subparagraph (B) (as so redesignated), by
striking ``and'' at the end;
(D) in subparagraph (C) (as so redesignated)--
(i) by striking ``, but do not exceed,''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following new
subparagraph:
``(D) notwithstanding any other provision of this
section, administer and carry out (only after consulting
with
[[Page 128 STAT. 779]]
the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition and Forestry of the Senate) the program
pursuant to such terms as may be agreed between the
parties to address the World Trade Organization dispute
WTO/DS267 to the extent not superseded by any applicable
international undertakings on officially supported
export credits to which the United States is a party.''.
(b) Funding.--Subsection (b) of section 211 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5641) is amended to read as follows:
``(b) Export Credit Guarantee Program.--The Commodity Credit
Corporation shall make available for each fiscal year $5,500,000,000 of
credit guarantees under section 202(a).''.
SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM.
Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641(c)(1)(A)) is amended by striking ``2012'' and inserting ``2018''.
SEC. 3103. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
Section 703(a) of the Agricultural Trade Act of 1978 (7 U.S.C.
5723(a)) is amended by striking ``2012'' and inserting ``2018''.
Subtitle C--Other Agricultural Trade Laws
SEC. 3201. FOOD FOR PROGRESS ACT OF 1985.
(a) Extension.--The Food for Progress Act of 1985 (7 U.S.C. 1736o)
is amended--
(1) in subsection (f)(3), by striking ``2012'' and inserting
``2018'';
(2) in subsection (g), by striking ``2012'' and inserting
``2018'';
(3) in subsection (k), by striking ``2012'' and inserting
``2018''; and
(4) in subsection (l)(1), by striking ``2012'' and inserting
``2018''.
(b) Repeal of Completed Project.--Subsection (f) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o) is amended by striking paragraph
(6).
SEC. 3202. BILL EMERSON HUMANITARIAN TRUST ACT.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2012'' both
places it appears and inserting ``2018''; and
(2) in subsection (h), by striking ``2012'' both places it
appears and inserting ``2018''.
SEC. 3203. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.
(a) Direct Credits or Export Credit Guarantees.--Section 1542(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended by striking ``2012'' and
inserting ``2018''.
(b) Development of Agricultural Systems.--Section 1542(d)(1)(A)(i)
of the Food, Agriculture, Conservation, and Trade
[[Page 128 STAT. 780]]
Act of 1990 (Public Law 101-624; 7 U.S.C. 5622 note) is amended by
striking ``2012'' and inserting ``2018''.
SEC. 3204. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND
CHILD NUTRITION PROGRAM.
(a) Reauthorization.--Section 3107(l)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(2)) is amended by
striking ``2012'' and inserting ``2018''.
(b) Technical Correction.--Section 3107(d) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(d)) is amended by
striking ``to'' in the matter preceding paragraph (1).
SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) Purpose.--Section 3205(b) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680(b)) is amended by striking
``related barriers to trade'' and inserting ``technical barriers to
trade''.
(b) Funding.--Section 3205(e)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680(e)(2)) is amended--
(1) by inserting ``and'' at the end of subparagraph (C); and
(2) by striking subparagraphs (D) and (E) and inserting the
following new subparagraph:
``(D) $9,000,000 for each of fiscal years 2011
through 2018.''.
(c) U.S. Atlantic Spiny Dogfish Study.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall conduct an
economic study on the existing market in the United States for U.S.
Atlantic Spiny Dogfish.
SEC. 3206. GLOBAL CROP DIVERSITY TRUST.
Section 3202(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 22 U.S.C. 2220a note) is amended by striking ``2008
through 2012'' and inserting ``2014 through 2018''.
SEC. 3207. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.
Section 3206 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 1726c) is amended--
(1) in subsection (b)--
(A) by striking ``(b) Study; Field-Based Projects.--
'' and all that follows through ``(2) Field-based
projects.--'' and inserting the following:
``(b) Field-Based Projects.--'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately;
(C) in paragraph (1) (as so redesignated), by
striking ``subparagraph (B)'' and inserting ``paragraph
(2)''; and
(D) in paragraph (2) (as so redesignated), by
striking ``subparagraph (A)'' and inserting ``paragraph
(1)'';
(2) in subsection (c)(1), by striking ``subsection (b)(2)''
and inserting ``subsection (b)'';
(3) by striking subsections (d), (f), and (g);
(4) by redesignating subsection (e) as subsection (d);
(5) in subsection (d) (as so redesignated)--
(A) in paragraph (2)--
(i) by striking subparagraph (B); and
[[Page 128 STAT. 781]]
(ii) in subparagraph (A)--
(I) by striking ``(A) Application.--
'' and all that follows through ``To be
eligible'' in clause (i) and inserting
the following:
``(A) In general.--To be eligible'';
(II) by redesignating clause (ii) as
subparagraph (B) and indenting
appropriately; and
(III) in subparagraph (B) (as so
redesignated), by striking ``clause
(i)'' and inserting ``subparagraph
(A)''; and
(B) by striking paragraph (4); and
(6) by adding at the end the following new subsection:
``(e) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $80,000,000 for
each of fiscal years 2014 through 2018.
``(2) Preference.--In carrying out this section, the
Secretary may give a preference to eligible organizations that
have, or are working toward, projects under the McGovern-Dole
International Food for Education and Child Nutrition Program
established under section 3107 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1).
``(3) Reporting.--Each year, the Secretary shall submit to
the appropriate committees of Congress a report that describes
the use of funds under this section, including--
``(A) the impact of procurements and projects on--
``(i) local and regional agricultural
producers; and
``(ii) markets and consumers, including low-
income consumers; and
``(B) implementation time frames and costs.''.
SEC. 3208. <<NOTE: 7 USC 6935.>> UNDER SECRETARY OF AGRICULTURE
FOR TRADE AND FOREIGN AGRICULTURAL
AFFAIRS.
(a) Definition of Agriculture Committees and Subcommittees.--In this
section, the term ``agriculture committees and subcommittees'' means--
(1) the Committee on Agriculture of the House of
Representatives;
(2) the Committee on Agriculture, Nutrition, and Forestry of
the Senate; and
(3) the subcommittees on agriculture, rural development,
food and drug administration, and related agencies of the
Committees on Appropriations of the House of Representatives and
the Senate.
(b) Proposal.--
(1) In general.--The Secretary, in consultation with the
agriculture committees and subcommittees, shall propose a
reorganization of international trade functions for imports and
exports of the Department of Agriculture.
(2) Considerations.--In producing the proposal under this
section, the Secretary shall--
(A) in recognition of the importance of agricultural
exports to the farm economy and the economy as a whole,
include a plan for the establishment of an Under
Secretary of Agriculture for Trade and Foreign
Agricultural Affairs;
[[Page 128 STAT. 782]]
(B) take into consideration how the Under Secretary
described in subparagraph (A) would serve as a
multiagency coordinator of sanitary and phytosanitary
issues and nontariff trade barriers in agriculture with
respect to imports and exports of agricultural products;
and
(C) take into consideration all implications of a
reorganization described in paragraph (1) on domestic
programs and operations of the Department of
Agriculture.
(3) Report.--Not later than 180 days after the date of
enactment of this Act and before the reorganization described in
paragraph (1) can take effect, the Secretary shall submit to the
agriculture committees and subcommittees a report that--
(A) includes the results of the proposal under this
section; and
(B) provides a notice of the reorganization plan.
(4) Implementation.--Not later than 1 year after the date of
the submission of the report under paragraph (3), the Secretary
shall implement a reorganization of international trade
functions for imports and exports of the Department of
Agriculture, including the establishment of an Under Secretary
of Agriculture for Trade and Foreign Agricultural Affairs.
(c) Confirmation Required.--The position of Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs established under
subsection (b)(2)(A) shall be appointed by the President, by and with
the advice and consent of the Senate.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. PREVENTING PAYMENT OF CASH TO RECIPIENTS OF
SUPPLEMENTAL NUTRITION ASSISTANCE
BENEFITS FOR THE RETURN OF EMPTY BOTTLES
AND CANS USED TO CONTAIN FOOD PURCHASED
WITH BENEFITS PROVIDED UNDER THE
PROGRAM.
Section 3(k)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(k)(1)) is amended--
(1) by striking ``and hot foods'' and inserting ``hot
foods''; and
(2) by adding at the end the following: ``and any deposit
fee in excess of the amount of the State fee reimbursement (if
any) required to purchase any food or food product contained in
a returnable bottle or can, regardless of whether the fee is
included in the shelf price posted for the food or food
product,''.
SEC. 4002. RETAIL FOOD STORES.
(a) Definition of Retail Food Store.--Section 3(p)(1)(A) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2012(p)(1)(A)) is amended--
(1) by inserting ``at least 7'' after ``a variety of''; and
(2) by striking ``at least 2'' and inserting ``at least 3''.
[[Page 128 STAT. 783]]
(b) Alternative Benefit Delivery.--Section 7(f) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(f)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Imposition of costs.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall require
participating retail food stores (including restaurants
participating in a State option restaurant program
intended to serve the elderly, disabled, and homeless)
to pay 100 percent of the costs of acquiring, and
arrange for the implementation of, electronic benefit
transfer point-of-sale equipment and supplies, including
related services.
``(B) Exemptions.--The Secretary may exempt from
subparagraph (A)--
``(i) farmers' markets and other direct-to-
consumer markets, military commissaries, nonprofit
food buying cooperatives, and establishments,
organizations, programs, or group living
arrangements described in paragraphs (5), (7), and
(8) of section 3(k); and
``(ii) establishments described in paragraphs
(3), (4), and (9) of section 3(k), other than
restaurants participating in a State option
restaurant program.
``(C) Interchange fees.--Nothing in this paragraph
permits the charging of fees relating to the redemption
of supplemental nutrition assistance program benefits,
in accordance with subsection (h)(13).''; and
(2) by adding at the end the following:
``(4) Termination of manual vouchers.--
``(A) In general.--Effective beginning on the date
of enactment of this paragraph, except as provided in
subparagraph (B), no State shall issue manual vouchers
to a household that receives supplemental nutrition
assistance under this Act or allow retail food stores to
accept manual vouchers as payment, unless the Secretary
determines that the manual vouchers are necessary, such
as in the event of an electronic benefit transfer system
failure or a disaster situation.
``(B) Exemptions.--The Secretary may exempt
categories of retail food stores or individual retail
food stores from subparagraph (A) based on criteria
established by the Secretary.
``(5) Unique identification number required.--
``(A) In general.--To enhance the anti-fraud
protections of the program, the Secretary shall require
all parties providing electronic benefit transfer
services to provide for and maintain unique terminal
identification number information through the
supplemental nutrition assistance program electronic
benefit transfer transaction routing system.
``(B) Regulations.--
``(i) In general.--Not earlier than 2 years
after the date of enactment of this paragraph, the
Secretary shall issue proposed regulations to
carry out this paragraph.
``(ii) Commercial practices.--In issuing
regulations to carry out this paragraph, the
Secretary shall
[[Page 128 STAT. 784]]
consider existing commercial practices for other
point-of-sale debit transactions.''.
(c) Electronic Benefit Transfer Auditability.--Section 7(h)(2)(C) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)(C)) is amended
by striking clause (ii) and inserting the following:
``(ii) unless determined by the Secretary to
be located in an area with significantly limited
access to food, measures that require an
electronic benefit transfer system--
``(I) to set and enforce sales
restrictions based on benefit transfer
payment eligibility by using scanning or
product lookup entry; and
``(II) to deny benefit tenders for
manually entered sales of ineligible
items.''.
(d) Electronic Benefit Transfers.--Section 7(h)(3)(B) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by
striking ``is operational--'' and all that follows through ``(ii) in the
case of other participating stores,'' and inserting ``is operational''.
(e) Approval of Retail Food Stores and Wholesale Food Concerns.--
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended--
(1) in subsection (a)(1), in the second sentence, by
striking ``; and (C)'' and inserting ``; (C) whether the
applicant is located in an area with significantly limited
access to food; and (D)'';
(2) in subsection (c), in the first sentence, by inserting
``purchase invoices, or program-related records,'' after
``relevant income and sales tax filing documents,''; and
(3) by adding at the end the following:
``(g) EBT Service Requirement.--An approved retail food store shall
provide adequate EBT service as described in section 7(h)(3)(B).''.
SEC. 4003. ENHANCING SERVICES TO ELDERLY AND DISABLED SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM
PARTICIPANTS.
(a) Enhancing Services to Elderly and Disabled Program
Participants.--Section 3(p) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(p)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (4) the following:
``(5) a governmental or private nonprofit food purchasing
and delivery service that--
``(A) purchases food for, and delivers the food to,
individuals who are--
``(i) unable to shop for food; and
``(ii)(I) not less than 60 years of age; or
``(II) physically or mentally handicapped or
otherwise disabled;
``(B) clearly notifies the participating household
at the time the household places a food order--
``(i) of any delivery fee associated with the
food purchase and delivery provided to the
household by the service; and
[[Page 128 STAT. 785]]
``(ii) that a delivery fee cannot be paid with
benefits provided under supplemental nutrition
assistance program; and
``(C) sells food purchased for the household at the
price paid by the service for the food and without any
additional cost markup.''.
(b) <<NOTE: 7 USC 2012 note.>> Implementation.--
(1) Issuance of rules.--The Secretary shall issue
regulations that--
(A) establish criteria to identify a food purchasing
and delivery service referred to in section 3(p)(5) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2012(p)(5)); and
(B) establish procedures to ensure that the
service--
(i) does not charge more for a food item than
the price paid by the service for the food item;
(ii) offers food delivery service at no or low
cost to households under that Act;
(iii) ensures that benefits provided under the
supplemental nutrition assistance program are used
only to purchase food (as defined in section 3 of
that Act (7 U.S.C. 2012));
(iv) limits the purchase of food, and the
delivery of the food, to households eligible to
receive services described in section 3(p)(5) of
that Act (7 U.S.C. 2012(p)(5));
(v) has established adequate safeguards
against fraudulent activities, including
unauthorized use of electronic benefit cards
issued under that Act; and
(vi) meets such other requirements as the
Secretary determines to be appropriate.
(2) Limitation.--Before the issuance of rules under
paragraph (1), the Secretary may not approve more than 20 food
purchasing and delivery services referred to in section 3(p)(5)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)(5)) to
participate as retail food stores under the supplemental
nutrition assistance program.
SEC. 4004. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
(a) In General.--Section 4(b)(6)(F) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013(b)(6)(F)) is amended by striking ``2012'' and
inserting ``2018''.
(b) <<NOTE: 7 USC 2013 note.>> Feasibility Study, Report, and
Demonstration Project for Indian Tribes.--
(1) Definitions.--In this subsection:
(A) Indian; indian tribe.--The terms ``Indian'' and
``Indian tribe'' have the meaning given the terms in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(B) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(2) Study.--The Secretary shall conduct a study to determine
the feasibility of tribal administration of Federal food
assistance programs, services, functions, and activities (or
portions thereof), in lieu of State agencies or other
administrating entities.
[[Page 128 STAT. 786]]
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that--
(A) contains a list of programs, services,
functions, and activities with respect to which it would
be feasible to be administered by a tribal organization;
(B) a description of whether that administration
would necessitate a statutory or regulatory change; and
(C) such other issues that may be determined by the
Secretary and developed through consultation pursuant to
paragraph (4).
(4) Consultation with indian tribes.--In developing the
report required by paragraph (3), the Secretary shall consult
with tribal organizations.
(5) Funding.--Out of any funds made available under section
18 for fiscal year 2014, the Secretary shall make available to
carry out the study and report described in paragraphs (2) and
(3) $1,000,000, to remain available until expended.
(6) Traditional and local foods demonstration project.--
(A) In general.--Subject to the availability of
appropriations, the Secretary shall pilot a
demonstration project by awarding a grant to 1 or more
tribal organizations authorized to administer the food
distribution program on Indian reservations under
section 4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)) for the purpose of purchasing nutritious
and traditional foods, and when practicable, foods
produced locally by Indian producers, for distribution
to recipients of foods distributed under that program.
(B) Administration.--The Secretary may award a grant
on a noncompetitive basis to 1 or more tribal
organizations that have the administrative and financial
capability to conduct a demonstration project, as
determined by the Secretary.
(C) Consultation, technical assistance, and
training.--During the implementation phase of the
demonstration project, the Secretary shall consult with
Indian tribes and provide outreach to Indian farmers,
ranchers, and producers regarding the training and
capacity to participate in the demonstration project.
(D) Funding.--
(i) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
section $2,000,000 for each of fiscal years 2014
through 2018.
(ii) Relationship to other authorities.--The
funds and authorities provided under this
subparagraph are in addition to any other funds or
authorities the Secretary may have to carry out
activities described in this paragraph.
SEC. 4005. EXCLUSION OF MEDICAL MARIJUANA FROM EXCESS MEDICAL
EXPENSE DEDUCTION.
Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(5)) is amended by adding at the end the following:
[[Page 128 STAT. 787]]
``(C) Exclusion of medical marijuana.--The Secretary
shall promulgate rules to ensure that medical marijuana
is not treated as a medical expense for purposes of this
paragraph.''.
SEC. 4006. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF
ENERGY ASSISTANCE PAYMENTS.
(a) Standard Utility Allowances in the Supplemental Nutrition
Assistance Program.--Section 5(e)(6)(C) of the Food and Nutrition Act of
2008 (7 U.S.C. 2014(e)(6)(C)) is amended--
(1) in clause (i), by inserting ``, subject to clause (iv)''
after ``Secretary''; and
(2) in clause (iv), by striking subclause (I) and inserting
the following:
``(I) In general.--Subject to
subclause (II), if a State agency elects
to use a standard utility allowance that
reflects heating and cooling costs, the
standard utility allowance shall be made
available to households that received a
payment, or on behalf of which a payment
was made, under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.) or other similar energy
assistance program, if in the current
month or in the immediately preceding 12
months, the household either received
such a payment, or such a payment was
made on behalf of the household, that
was greater than $20 annually, as
determined by the Secretary.''.
(b) Conforming Amendment.--Section 2605(f)(2)(A) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended
by inserting before the semicolon the following: ``, except that, for
purposes of the supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such
payments or allowances were greater than $20 annually, consistent with
section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)),
as determined by the Secretary of Agriculture''.
(c) <<NOTE: 7 USC 2014 note.>> Application and Implementation.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall--
(A) take effect 30 days after the date of enactment
of this Act; and
(B) apply with respect to certification periods that
begin after that date.
(2) State option to delay implementation for current
recipients.--A State may, at the option of the State, implement
a policy that eliminates or reduces the effect of the amendments
made by this section on households that received a standard
utility allowance as of the date of enactment of this Act, for
not more than a 5-month period beginning on the date on which
the amendments would otherwise apply to the respective
household.
SEC. 4007. ELIGIBILITY DISQUALIFICATIONS.
Section 6(e)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(e)(3)(B)) is amended by striking ``section;'' and inserting the
following:
[[Page 128 STAT. 788]]
``section, subject to the condition that the course
or program of study--
``(i) is part of a program of career and
technical education (as defined in section 3 of
the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302)) that may be
completed in not more than 4 years at an
institution of higher education (as defined in
section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)); or
``(ii) is limited to remedial courses, basic
adult education, literacy, or English as a second
language;''.
SEC. 4008. ELIGIBILITY DISQUALIFICATIONS FOR CERTAIN CONVICTED
FELONS.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended by adding at the end the following:
``(r) Disqualification for Certain Convicted Felons.--
``(1) In general.--An individual shall not be eligible for
benefits under this Act if--
``(A) the individual is convicted of--
``(i) aggravated sexual abuse under section
2241 of title 18, United States Code;
``(ii) murder under section 1111 of title 18,
United States Code;
``(iii) an offense under chapter 110 of title
18, United States Code;
``(iv) a Federal or State offense involving
sexual assault, as defined in 40002(a) of the
Violence Against Women Act of 1994 (42 U.S.C.
13925(a)); or
``(v) an offense under State law determined by
the Attorney General to be substantially similar
to an offense described in clause (i), (ii), or
(iii); and
``(B) the individual is not in compliance with the
terms of the sentence of the individual or the
restrictions under subsection (k).
``(2) Effects on assistance and benefits for others.--The
amount of benefits otherwise required to be provided to an
eligible household under this Act shall be determined by
considering the individual to whom paragraph (1) applies not to
be a member of the household, except that the income and
resources of the individual shall be considered to be income and
resources of the household.
``(3) Enforcement.--Each State shall require each individual
applying for benefits under this Act to attest to whether the
individual, or any member of the household of the individual,
has been convicted of a crime described in paragraph (1).''.
(b) Conforming Amendment.--Section 5(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by
striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting
``subsections (b), (d)(2), (g), and (r) of section 6''.
(c) <<NOTE: 7 USC 2014 note.>> Inapplicability to Convictions
Occurring on or Before Enactment.--The amendments made by this section
shall not apply to a conviction if the conviction is for conduct
occurring on or before the date of enactment of this Act.
[[Page 128 STAT. 789]]
SEC. 4009. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
BENEFITS FOR LOTTERY OR GAMBLING
WINNERS.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) (as amended by section 4008) is amended by adding at the
end the following:
``(s) Ineligibility for Benefits Due to Receipt of Substantial
Lottery or Gambling Winnings.--
``(1) In general.--Any household in which a member receives
substantial lottery or gambling winnings, as determined by the
Secretary, shall lose eligibility for benefits immediately upon
receipt of the winnings.
``(2) Duration of ineligibility.--A household described in
paragraph (1) shall remain ineligible for participation until
the household meets the allowable financial resources and income
eligibility requirements under subsections (c), (d), (e), (f),
(g), (i), (k), (l), (m), and (n) of section 5.
``(3) Agreements.--As determined by the Secretary, each
State agency, to the maximum extent practicable, shall establish
agreements with entities responsible for the regulation or
sponsorship of gaming in the State to determine whether
individuals participating in the supplemental nutrition
assistance program have received substantial lottery or gambling
winnings.''.
SEC. 4010. IMPROVING SECURITY OF FOOD ASSISTANCE.
Section 7(h)(8) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(8)) is amended--
(1) in the paragraph heading, by striking ``card fee'' and
inserting ``of cards'';
(2) by striking ``A State'' and inserting the following:
``(A) Fees.--A State''; and
(3) by adding after subparagraph (A) (as so designated) the
following:
``(B) Purposeful loss of cards.--
``(i) In general.--Subject to terms and
conditions established by the Secretary in
accordance with clause (ii), if a household makes
excessive requests for replacement of the
electronic benefit transfer card of the household,
the Secretary may require a State agency to
decline to issue a replacement card to the
household unless the household, upon request of
the State agency, provides an explanation for the
loss of the card.
``(ii) Requirements.--The terms and conditions
established by the Secretary shall provide that--
``(I) the household be given the
opportunity to provide the requested
explanation and meet the requirements
under this paragraph promptly;
``(II) after an excessive number of
lost cards, the head of the household
shall be required to review program
rights and responsibilities with State
agency personnel authorized to make
determinations under section 5(a); and
``(III) any action taken, including
actions required under section 6(b)(2),
other than the withholding of the
electronic benefit transfer card until
an explanation described in subclause
(I) is provided, shall be consistent
with the due process
[[Page 128 STAT. 790]]
protections under section 6(b) or
11(e)(10), as appropriate.
``(C) Protecting vulnerable persons.--In
implementing this paragraph, a State agency shall act to
protect homeless persons, persons with disabilities,
victims of crimes, and other vulnerable persons who lose
electronic benefit transfer cards but are not
intentionally committing fraud.
``(D) Effect on eligibility.--While a State may
decline to issue an electronic benefits transfer card
until a household satisfies the requirements under this
paragraph, nothing in this paragraph shall be considered
a denial of, or limitation on, the eligibility for
benefits under section 5.''.
SEC. 4011. TECHNOLOGY MODERNIZATION FOR RETAIL FOOD STORES.
(a) Mobile Technologies.--Section 7(h) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2016(h)) (as amended by section 4030(e)) is amended by
adding at the end the following:
``(14) Mobile technologies.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall approve retail food stores to redeem
benefits through electronic means other than wired point
of sale devices for electronic benefit transfer
transactions, if the retail food stores--
``(i) establish recipient protections
regarding privacy, ease of use, access, and
support similar to the protections provided for
transactions made in retail food stores;
``(ii) bear the costs of obtaining,
installing, and maintaining mobile technologies,
including mechanisms needed to process EBT cards
and transaction fees;
``(iii) demonstrate the foods purchased with
benefits issued under this section through mobile
technologies are purchased at a price not higher
than the price of the same food purchased by other
methods used by the retail food store, as
determined by the Secretary;
``(iv) provide adequate documentation for each
authorized transaction, as determined by the
Secretary; and
``(v) meet other criteria as established by
the Secretary.
``(B) Demonstration project on acceptance of
benefits of mobile transactions.--
``(i) In general.--Before authorizing
implementation of subparagraph (A) in all States,
the Secretary shall pilot the use of mobile
technologies determined by the Secretary to be
appropriate to test the feasibility and
implications for program integrity, by allowing
retail food stores to accept benefits from
recipients of supplemental nutrition assistance
through mobile transactions.
``(ii) Demonstration projects.--To be eligible
to participate in a demonstration project under
clause
[[Page 128 STAT. 791]]
(i), a retail food store shall submit to the
Secretary for approval a plan that includes--
``(I) a description of the
technology;
``(II) the manner by which the
retail food store will provide proof of
the transaction to households;
``(III) the provision of data to the
Secretary, consistent with requirements
established by the Secretary, in a
manner that allows the Secretary to
evaluate the impact of the demonstration
on participant access, ease of use, and
program integrity; and
``(IV) such other criteria as the
Secretary may require.
``(iii) Date of completion.--The demonstration
projects under this subparagraph shall be
completed and final reports submitted to the
Secretary by not later than July 1, 2016.
``(C) Report to congress.--The Secretary shall--
``(i) by not later than January 1, 2017,
authorize implementation of subparagraph (A) in
all States, unless the Secretary makes a finding,
based on the data provided under subparagraph (B),
that implementation in all States is not in the
best interest of the supplemental nutrition
assistance program; and
``(ii) if the determination made in clause (i)
is not to implement subparagraph (A) in all
States, submit a report to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate that includes the basis of
the finding.''.
(b) Acceptance of Benefits Through On-line Transactions.--
(1) In general.--Section 7 of the Food and Nutrition Act of
2008 (7 U.S.C. 2016) is amended by adding at the end the
following:
``(k) Option to Accept Program Benefits Through On-line
Transactions.--
``(1) In general.--Subject to paragraph (4), the Secretary
shall approve retail food stores to accept benefits from
recipients of supplemental nutrition assistance through on-line
transactions.
``(2) Requirements to accept benefits.--A retail food store
seeking to accept benefits from recipients of supplemental
nutrition assistance through on-line transactions shall--
``(A) establish recipient protections regarding
privacy, ease of use, access, and support similar to the
protections provided for transactions made in retail
food stores;
``(B) ensure benefits are not used to pay delivery,
ordering, convenience, or other fees or charges;
``(C) clearly notify participating households at the
time a food order is placed--
``(i) of any delivery, ordering, convenience,
or other fee or charge associated with the food
purchase; and
``(ii) that any such fee cannot be paid with
benefits provided under this Act;
``(D) ensure the security of on-line transactions by
using the most effective technology available that the
Secretary
[[Page 128 STAT. 792]]
considers appropriate and cost-effective and that is
comparable to the security of transactions at retail
food stores; and
``(E) meet other criteria as established by the
Secretary.
``(3) State agency action.--Each State agency shall ensure
that recipients of supplemental nutrition assistance can use
benefits on-line as described in this subsection as appropriate.
``(4) Demonstration project on acceptance of benefits
through on-line transactions.--
``(A) In general.--Before the Secretary authorizes
implementation of paragraph (1) in all States, the
Secretary shall carry out a number of demonstration
projects as determined by the Secretary to test the
feasibility of allowing retail food stores to accept
benefits through on-line transactions.
``(B) Demonstration projects.--To be eligible to
participate in a demonstration project under
subparagraph (A), a retail food store shall submit to
the Secretary for approval a plan that includes--
``(i) a method of ensuring that benefits may
be used to purchase only eligible items under this
Act;
``(ii) a description of the method of
educating participant households about the
availability and operation of on-line purchasing;
``(iii) adequate testing of the on-line
purchasing option prior to implementation;
``(iv) the provision of data as requested by
the Secretary for purposes of analyzing the impact
of the project on participant access, ease of use,
and program integrity;
``(v) reports on progress, challenges, and
results, as determined by the Secretary; and
``(vi) such other criteria, including security
criteria, as established by the Secretary.
``(C) Date of completion.--The demonstration
projects under this paragraph shall be completed and
final reports submitted to the Secretary by not later
than July 1, 2016.
``(5) Report to congress.--The Secretary shall--
``(A) by not later than January 1, 2017, authorize
implementation of paragraph (1) in all States, unless
the Secretary makes a finding, based on the data
provided under paragraph (4), that implementation in all
States is not in the best interest of the supplemental
nutrition assistance program; and
``(B) if the determination made in subparagraph (A)
is not to implement in all States, submit a report to
the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate that includes the
basis of the finding.''.
(2) Conforming amendments.--
(A) Section 7(b) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(b)) is amended by striking
``purchase food in retail food stores'' and inserting
``purchase food from retail food stores''.
[[Page 128 STAT. 793]]
(B) Section 10 of the Food and Nutrition Act of 2008
(7 U.S.C. 2019) is amended in the first sentence by
inserting ``retail food stores authorized to accept and
redeem benefits through on-line transactions shall be
authorized to accept benefits prior to the delivery of
food if the delivery occurs within a reasonable time of
the purchase, as determined by the Secretary,'' after
``food so purchased,''.
(c) <<NOTE: 7 USC 2016 note.>> Savings Clause.--Nothing in this
section or an amendment made by this section alters any requirements of
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) unless
specifically authorized in this section or an amendment made by this
section.
SEC. 4012. USE OF BENEFITS FOR PURCHASE OF COMMUNITY-SUPPORTED
AGRICULTURE SHARE.
Subsection (o)(4) of section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012) (as redesignated by section 4030(a)(4)) is amended by
inserting ``, or agricultural producers who market agricultural products
directly to consumers'' after ``such food''.
SEC. 4013. IMPROVED WAGE VERIFICATION USING THE NATIONAL DIRECTORY
OF NEW HIRES.
Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)) is amended--
(1) in paragraph (3), by inserting ``and after compliance
with the requirement specified in paragraph (24)'' after
``section 16(e) of this Act'';
(2) in paragraph (22), by striking ``and'' at the end;
(3) in paragraph (23)(C), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(24) that the State agency shall request wage data
directly from the National Directory of New Hires established
under section 453(i) of the Social Security Act (42 U.S.C.
653(i)) relevant to determining eligibility to receive
supplemental nutrition assistance program benefits and
determining the correct amount of those benefits at the time of
certification.''.
SEC. 4014. RESTAURANT MEALS PROGRAM.
(a) In General.--Section 11(e) of the Food and Nutrition Act of 2008
(7 U.S.C. 2020(e)) (as amended by section 4013) is amended--
(1) in paragraph (23)(C), by striking ``and'' at the end;
(2) in paragraph (24), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(25) if the State elects to carry out a program to
contract with private establishments to offer meals at
concessional prices, as described in paragraphs (3), (4), and
(9) of section 3(k)--
``(A) the plans of the State agency for operating
the program, including--
``(i) documentation of a need that eligible
homeless, elderly, and disabled clients are
underserved in a particular geographic area;
``(ii) the manner by which the State agency
will limit participation to only those private
establishments
[[Page 128 STAT. 794]]
that the State determines necessary to meet the
need identified in clause (i); and
``(iii) any other conditions the Secretary may
prescribe, such as the level of security necessary
to ensure that only eligible recipients
participate in the program; and
``(B) a report by the State agency to the Secretary
annually, the schedule of which shall be established by
the Secretary, that includes--
``(i) the number of households and individual
recipients authorized to participate in the
program, including any information on whether the
individual recipient is elderly, disabled, or
homeless; and
``(ii) an assessment of whether the program is
meeting an established need, as documented under
subparagraph (A)(i).''.
(b) Approval of Retail Food Stores and Wholesale Food Concerns.--
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) (as
amended by section 4002(d)(2)) is amended by adding at the end the
following:
``(h) Private Establishments.--
``(1) In general.--Subject to paragraph (2), no private
establishment that contracts with a State agency to offer meals
at concessional prices as described in paragraphs (3), (4), and
(9) of section 3(k) may be authorized to accept and redeem
benefits unless the Secretary determines that the participation
of the private establishment is required to meet a documented
need in accordance with section 11(e)(25).
``(2) Existing contracts.--
``(A) In general.--If, on the day before the date of
enactment of this subsection, a State has entered into a
contract with a private establishment described in
paragraph (1) and the Secretary has not determined that
the participation of the private establishment is
necessary to meet a documented need in accordance with
section 11(e)(25), the Secretary shall allow the
operation of the private establishment to continue
without that determination of need for a period not to
exceed 180 days from the date on which the Secretary
establishes determination criteria, by regulation, under
section 11(e)(25).
``(B) Justification.--If the Secretary determines to
terminate a contract with a private establishment that
is in effect on the date of enactment of this
subsection, the Secretary shall provide justification to
the State in which the private establishment is located
for that termination.
``(3) Report to congress.--Not later than 90 days after
September 30, 2014, and 90 days after the last day of each
fiscal year thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the effectiveness of a program under this subsection
using any information received from States under section
11(e)(25) as well as any other information the Secretary may
have relating to the manner in which benefits are used.''.
(c) Conforming Amendments.--Section 3(k) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(k)) is amended by inserting
[[Page 128 STAT. 795]]
``subject to section 9(h)'' after ``concessional prices'' each place it
appears.
SEC. 4015. MANDATING STATE IMMIGRATION VERIFICATION.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is
amended by striking subsection (p) and inserting the following:
``(p) State Verification Option.--In carrying out the supplemental
nutrition assistance program, a State agency shall be required to use an
immigration status verification system established under section 1137 of
the Social Security Act (42 U.S.C. 1320b-7), and an income and
eligibility verification system, in accordance with standards set by the
Secretary.''.
SEC. 4016. DATA EXCHANGE STANDARDIZATION FOR IMPROVED
INTEROPERABILITY.
(a) Data Exchange Standardization.--Section 11 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end
the following:
``(v) Data Exchange Standards for Improved Interoperability.--
``(1) Designation.--The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget, and considering State government
perspectives, designate data exchange standards to govern, under
this Act--
``(A) necessary categories of information that State
agencies operating related programs are required under
applicable law to electronically exchange with another
State agency; and
``(B) Federal reporting and data exchange required
under applicable law.
``(2) Requirements.--The data exchange standards required by
paragraph (1) shall, to the maximum extent practicable--
``(A) incorporate a widely accepted, nonproprietary,
searchable, computer-readable format, such as the
eXtensible Markup Language;
``(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model;
``(C) incorporate interoperable standards developed
and maintained by Federal entities with authority over
contracting and financial assistance;
``(D) be consistent with and implement applicable
accounting principles;
``(E) be implemented in a manner that is cost-
effective and improves program efficiency and
effectiveness; and
``(F) be capable of being continually upgraded as
necessary.
``(3) Rules of construction.--Nothing in this subsection
requires a change to existing data exchange standards for
Federal reporting found to be effective and efficient.''.
(b) <<NOTE: 7 USC 2020 note.>> Application Date.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a proposed rule
to carry out the amendments made by this section.
(2) Requirements.--The rule shall--
[[Page 128 STAT. 796]]
(A) identify federally required data exchanges;
(B) include specification and timing of exchanges to
be standardized;
(C) address the factors used in determining whether
and when to standardize data exchanges;
(D) specify State implementation options; and
(E) describe future milestones.
SEC. 4017. PILOT PROJECTS TO IMPROVE FEDERAL-STATE COOPERATION IN
IDENTIFYING AND REDUCING FRAUD IN THE
SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021) is
amended by adding at the end the following:
``(i) Pilot Projects to Improve Federal-State Cooperation in
Identifying and Reducing Fraud in the Supplemental Nutrition Assistance
Program.--
``(1) Pilot projects required.--
``(A) In general.--The Secretary shall carry out,
under such terms and conditions as are determined by the
Secretary, pilot projects to test innovative Federal-
State partnerships to identify, investigate, and reduce
fraud by retail food stores and wholesale food concerns
in the supplemental nutrition assistance program,
including allowing States to operate programs to
investigate that fraud.
``(B) Requirement.--At least 1 pilot project
described in subparagraph (A) shall be carried out in an
urban area that is among the 10 largest urban areas in
the United States (based on population), if--
``(i) the supplemental nutrition assistance
program is separately administered in the area;
and
``(ii) if the administration of the
supplemental nutrition assistance program in the
area complies with the other applicable
requirements of the program.
``(2) Selection criteria.--Pilot projects shall be selected
based on criteria the Secretary establishes, which shall
include--
``(A) enhancing existing efforts by the Secretary to
reduce fraud described in paragraph (1)(A);
``(B) requiring participant States to maintain the
overall level of effort of the States at addressing
recipient fraud, as determined by the Secretary, prior
to participation in the pilot project;
``(C) collaborating with other law enforcement
authorities as necessary to carry out an effective pilot
project;
``(D) commitment of the participant State agency to
follow Federal rules and procedures with respect to
investigations described in paragraph (1)(A); and
``(E) the extent to which a State has committed
resources to recipient fraud and the relative success of
those efforts.
``(3) Evaluation.--
``(A) In general.--The Secretary shall evaluate the
pilot projects selected under this subsection to measure
the impact of the pilot projects.
``(B) Requirements.--The evaluation shall include--
[[Page 128 STAT. 797]]
``(i) the impact of each pilot project on
increasing the capacity of the Secretary to
address fraud described in paragraph (1)(A);
``(ii) the effectiveness of the pilot projects
in identifying, preventing and reducing fraud
described in paragraph (1)(A); and
``(iii) the cost effectiveness of the pilot
projects.
``(4) Report to congress.--Not later than September 30,
2017, the Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, a report
that includes a description of the results of each pilot
project, including--
``(A) an evaluation of the impact of the pilot
project on fraud described in paragraph (1)(A); and
``(B) the costs associated with the pilot project.
``(5) Funding.--Any costs incurred by a State to operate
pilot projects under this subsection that are in excess of the
amount expended under this Act to identify, investigate, and
reduce fraud described in paragraph (1)(A) in the respective
State in the previous fiscal year shall not be eligible for
Federal reimbursement under this Act.''.
SEC. 4018. PROHIBITING GOVERNMENT-SPONSORED RECRUITMENT
ACTIVITIES.
(a) Administrative Cost-sharing and Quality Control.--Section
16(a)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)(4)) is
amended by inserting after ``recruitment activities'' the following:
``designed to persuade an individual to apply for program benefits or
that promote the program through television, radio, or billboard
advertisements''.
(b) Limitation on Use of Funds Authorized to Be Appropriated Under
Act.--Section 18 of the Food and Nutrition Act of 2008 (7 U.S.C. 2027)
is amended by adding at the end the following:
``(g) Ban on Recruitment and Promotion Activities.--
``(1) In general.--Except as provided in paragraph (2), no
funds authorized to be appropriated under this Act shall be used
by the Secretary for--
``(A) recruitment activities designed to persuade an
individual to apply for supplemental nutrition
assistance program benefits;
``(B) television, radio, or billboard advertisements
that are designed to promote supplemental nutrition
assistance program benefits and enrollment; or
``(C) any agreements with foreign governments
designed to promote supplemental nutrition assistance
program benefits and enrollment.
``(2) Limitation.--Paragraph (1)(B) shall not apply to
programmatic activities undertaken with respect to benefits made
under section 5(h).''.
(c) Ban on Recruitment Activities by Entities That Receive Funds.--
Section 18 of the Food and Nutrition Act of 2008 (7 U.S.C. 2027) (as
amended by subsection (b)) is amended by adding at the end the
following:
``(h) Ban on Recruitment by Entities That Receive Funds.--The
Secretary shall issue regulations that prohibit entities that
[[Page 128 STAT. 798]]
receive funds under this Act to compensate any person for conducting
outreach activities relating to participation in, or for recruiting
individuals to apply to receive benefits under, the supplemental
nutrition assistance program, if the amount of the compensation would be
based on the number of individuals who apply to receive the benefits.''.
SEC. 4019. TOLERANCE LEVEL FOR EXCLUDING SMALL ERRORS.
Section 16(c)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(c)(1)(A)) is amended--
(1) by striking ``In carrying'' and inserting the following:
``(i) In general.--In carrying''; and
(2) by adding at the end the following:
``(ii) Tolerance level for excluding small
errors.--The Secretary shall set the tolerance
level for excluding small errors for the purposes
of this subsection--
``(I) for fiscal year 2014, at an
amount not greater than $37; and
``(II) for each fiscal year
thereafter, the amount specified in
subclause (I) adjusted by the percentage
by which the thrifty food plan is
adjusted under section 3(u)(4) between
June 30, 2013, and June 30 of the
immediately preceding fiscal year.''.
SEC. 4020. QUALITY CONTROL STANDARDS.
(a) In General.--Section 16(c)(1)(D)(i) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)(1)(D)(i)) is amended by striking subclause
(I).
(b) Conforming Amendments.--
(1) Section 13(a)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2022(a)(1)) is amended in the first sentence by
striking ``section 16(c)(1)(D)(i)(III)'' and inserting ``section
16(c)(1)(D)(i)(II)''.
(2) Section 16(c)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(c)(1)) is amended--
(A) in subparagraph (D)--
(i) in clause (i)--
(I) by redesignating subclauses (II)
through (IV) as subclauses (I) through
(III), respectively; and
(II) in subclause (III) (as so
redesignated), by striking ``through
(III)'' and inserting ``and (II)''; and
(ii) in clause (ii), by striking ``waiver
amount or'';
(B) in subparagraph (E)(i), by striking
``(D)(i)(III)'' and inserting ``(D)(i)(II)''; and
(C) in subparagraph (F), by striking ``(D)(i)(II)''
each place it appears and inserting ``(D)(i)(I)''.
SEC. 4021. PERFORMANCE BONUS PAYMENTS.
Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(d)) is amended by adding at the end the following:
``(5) Use of performance bonus payments.--A State agency may
use a performance bonus payment received under this subsection
only to carry out the program established under this Act,
including investments in--
``(A) technology;
[[Page 128 STAT. 799]]
``(B) improvements in administration and
distribution; and
``(C) actions to prevent fraud, waste, and abuse.''.
SEC. 4022. PILOT PROJECTS TO REDUCE DEPENDENCY AND INCREASE WORK
REQUIREMENTS AND WORK EFFORT UNDER
SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
(a) In General.--Section 16(h) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``15 months'' and inserting
``24 months''; and
(ii) by striking ``, except that for fiscal
year 2013 and fiscal year 2014, the amount shall
be $79,000,000'';
(B) in subparagraph (C)--
(i) by striking ``If a State'' and inserting
the following:
``(i) In general.--If a State''; and
(ii) by adding at the end the following:
``(ii) Timing.--The Secretary shall collect
such information as the Secretary determines to be
necessary about the expenditures and anticipated
expenditures by the State agencies of the funds
initially allocated to the State agencies under
subparagraph (A) to make reallocations of
unexpended funds under clause (i) within a
timeframe that allows each State agency to which
funds are reallocated at least 270 days to expend
the reallocated funds.
``(iii) Opportunity.--The Secretary shall
ensure that all State agencies have an opportunity
to obtain reallocated funds.''; and
(C) by adding at the end the following:
``(F) Pilot projects to reduce dependency and
increase work requirements and work effort under
supplemental nutrition assistance program.--
``(i) Pilot projects required.--
``(I) In general.--The Secretary
shall carry out pilot projects under
which State agencies shall enter into
cooperative agreements with the
Secretary to develop and test methods,
including operating work programs with
certain features comparable to the
program of block grants to States for
temporary assistance for needy families
established under part A of title IV of
the Social Security Act (42 U.S.C. 601
et seq.), for employment and training
programs and services to raise the
number of work registrants under section
6(d) of this Act who obtain unsubsidized
employment, increase the earned income
of the registrants, and reduce the
reliance of the registrants on public
assistance, so as to reduce the need for
supplemental nutrition assistance
benefits.
``(II) Requirements.--Pilot projects
shall--
``(aa) meet such terms and
conditions as the Secretary
considers to be appropriate; and
[[Page 128 STAT. 800]]
``(bb) except as otherwise
provided in this subparagraph,
be in accordance with the
requirements of sections 6(d)
and 20.
``(ii) Selection criteria.--
``(I) In general.--The Secretary
shall select pilot projects under this
subparagraph in accordance with the
criteria established under this clause
and additional criteria established by
the Secretary.
``(II) Qualifying criteria.--To be
eligible to participate in a pilot
project, a State agency shall--
``(aa) agree to participate
in the evaluation described in
clause (vii), including
providing evidence that the
State has a robust data
collection system for program
administration and cooperating
to make available State data on
the employment activities and
post-participation employment,
earnings, and public benefit
receipt of participants to
ensure proper and timely
evaluation;
``(bb) commit to collaborate
with the State workforce board
and other job training programs
in the State and local area; and
``(cc) commit to maintain at
least the amount of State
funding for employment and
training programs and services
under paragraphs (2) and (3) and
under section 20 as the State
expended for fiscal year 2013.
``(III) Selection criteria.--In
selecting pilot projects, the Secretary
shall--
``(aa) consider the degree
to which the pilot project would
enhance existing employment and
training programs in the State;
``(bb) consider the degree
to which the pilot project would
enhance the employment and
earnings of program
participants;
``(cc) consider whether
there is evidence that the pilot
project could be replicated
easily by other States or
political subdivisions;
``(dd) consider whether the
State agency has a demonstrated
capacity to operate high quality
employment and training
programs; and
``(ee) ensure the pilot
projects, when considered as a
group, test a range of
strategies, including strategies
that--
``(AA) target
individuals with low skills
or limited work experience,
individuals subject to the
requirements under section
6(o), and individuals who
are working;
``(BB) are located in a
range of geographic areas
and States, including rural
and urban areas;
``(CC) emphasize
education and training,
rehabilitative services for
individuals with barriers to
employment,
[[Page 128 STAT. 801]]
rapid attachment to
employment, and mixed
strategies; and
``(DD) test programs
that assign work registrants
to mandatory and voluntary
participation in employment
and training activities.
``(iii) Accountability .--
``(I) In general.--The Secretary
shall establish and implement a process
to terminate a pilot project for which
the State has failed to meet the
criteria described in clause (ii) or
other criteria established by the
Secretary.
``(II) Timing.--The process shall
include a reasonable time period, not to
exceed 180 days, for State agencies
found noncompliant to correct the
noncompliance.
``(iv) Employment and training activities.--
Allowable programs and services carried out under
this subparagraph shall include those programs and
services authorized under this Act and employment
and training activities authorized under the
program of block grants to States for temporary
assistance for needy families established under
part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.), including:
``(I) Employment in the public or
private sector that is not subsidized by
any public program.
``(II) Employment in the private
sector for which the employer receives a
subsidy from public funds to offset all
or a part of the wages and costs of
employing an adult.
``(III) Employment in the public
sector for which the employer receives a
subsidy from public funds to offset all
or a part of the wages and costs of
employing an adult.
``(IV) A work activity that--
``(aa) is performed in
return for public benefits;
``(bb) provides an adult
with an opportunity to acquire
the general skills, knowledge,
and work habits necessary to
obtain employment;
``(cc) is designed to
improve the employability of
those who cannot find
unsubsidized employment; and
``(dd) is supervised by an
employer, work site sponsor, or
other responsible party on an
ongoing basis.
``(V) Training in the public or
private sector that--
``(aa) is given to a paid
employee while the employee is
engaged in productive work; and
``(bb) provides knowledge
and skills essential to the full
and adequate performance of the
job.
[[Page 128 STAT. 802]]
``(VI) Job search, obtaining
employment, or preparation to seek or
obtain employment, including--
``(aa) life skills training;
``(bb) substance abuse
treatment or mental health
treatment, determined to be
necessary and documented by a
qualified medical, substance
abuse, or mental health
professional; and
``(cc) rehabilitation
activities, supervised by a
public agency or other
responsible party on an ongoing
basis.
``(VII) Structured programs and
embedded activities--
``(aa) in which adults
perform work for the direct
benefit of the community under
the auspices of public or
nonprofit organizations;
``(bb) that are limited to
projects that serve useful
community purposes in fields
such as health, social service,
environmental protection,
education, urban and rural
redevelopment, welfare,
recreation, public facilities,
public safety, and child care;
``(cc) that are designed to
improve the employability of
adults not otherwise able to
obtain unsubsidized employment;
``(dd) that are supervised
on an ongoing basis; and
``(ee) with respect to which
a State agency takes into
account, to the maximum extent
practicable, the prior training,
experience, and skills of a
recipient in making appropriate
community service assignments.
``(VIII) Career and technical
training programs that are--
``(aa) directly related to
the preparation of adults for
employment in current or
emerging occupations; and
``(bb) supervised on an
ongoing basis.
``(IX) Training or education for job
skills that are--
``(aa) required by an
employer to provide an adult
with the ability to obtain
employment or to advance or
adapt to the changing demands of
the workplace; and
``(bb) supervised on an
ongoing basis.
``(X) Education that is--
``(aa) related to a specific
occupation, job, or job offer;
and
``(bb) supervised on an
ongoing basis.
``(XI) In the case of an adult who
has not completed secondary school or
received a certificate of general
equivalence, regular attendance that
is--
``(aa) in accordance with
the requirements of the
secondary school or course of
study, at a secondary school or
in a course of study
[[Page 128 STAT. 803]]
leading to a certificate of
general equivalence; and
``(bb) supervised on an
ongoing basis.
``(XII) Providing child care to
enable another recipient of public
benefits to participate in a community
service program that--
``(aa) does not provide
compensation for the community
service;
``(bb) is a structured
program designed to improve the
employability of adults who
participate in the program; and
``(cc) is supervised on an
ongoing basis.
``(v) Sanctions.--Subject to clause (vi), no
work registrant shall be eligible to participate
in the supplemental nutrition assistance program
if the individual refuses without good cause to
participate in an employment and training program
under this subparagraph, to the extent required by
the State agency.
``(vi) Standards.--
``(I) In general.--Employment and
training activities under this
subparagraph shall be considered to be
carried out under section 6(d),
including for the purpose of satisfying
any conditions of participation and
duration of ineligibility.
``(II) Standards for certain
employment activities.--The Secretary
shall establish standards for employment
activities described in subclauses (I),
(II), and (III) of clause (iv) that
ensure that failure to work for reasons
beyond the control of an individual,
such as involuntary reduction in hours
of employment, shall not result in
ineligibility.
``(III) Participation in other
programs.--Before assigning a work
registrant to mandatory employment and
training activities, a State agency
shall--
``(aa) assess whether the
work registrant is participating
in substantial employment and
training activities outside of
the pilot project that are
expected to result in the work
registrant gaining increased
skills, training, work, or
experience consistent with the
objectives of the pilot project;
and
``(bb) if determined to be
acceptable, count hours engaged
in the activities toward any
minimum participation
requirement.
``(vii) Evaluation and reporting.--
``(I) Independent evaluation.--
``(aa) In general.--The
Secretary shall, under such
terms and conditions as the
Secretary determines to be
appropriate, conduct for each
State agency that enters into a
cooperative agreement under
clause (i) an independent
longitudinal evaluation of each
pilot project of the State
agency under this subparagraph,
with results reported not less
[[Page 128 STAT. 804]]
frequently than in consecutive
12-month increments.
``(bb) Purpose.--The purpose
of the independent evaluation
shall be to measure the impact
of employment and training
programs and services provided
by each State agency under the
pilot projects on the ability of
adults in each pilot project
target population to find and
retain employment that leads to
increased household income and
reduced reliance on public
assistance, as well as other
measures of household well-
being, compared to what would
have occurred in the absence of
the pilot project.
``(cc) Methodology.--The
independent evaluation shall use
valid statistical methods that
can determine, for each pilot
project, the difference, if any,
between supplemental nutrition
assistance and other public
benefit receipt expenditures,
employment, earnings and other
impacts as determined by the
Secretary--
``(AA) as a result of
the employment and training
programs and services
provided by the State agency
under the pilot project; as
compared to
``(BB) a control group
that is not subject to the
employment and training
programs and services
provided by the State agency
under the pilot project.
``(II) Reporting.--Not later than
December 31, 2015, and each December 31
thereafter until the completion of the
last evaluation under subclause (I), the
Secretary shall submit to the Committee
on Agriculture of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate and share broadly, including
by posting on the Internet website of
the Department of Agriculture, a report
that includes a description of--
``(aa) the status of each
pilot project carried out under
this subparagraph;
``(bb) the results of the
evaluation completed during the
previous fiscal year;
``(cc) to the maximum extent
practicable, baseline
information relevant to the
stated goals and desired
outcomes of the pilot project;
``(dd) the employment and
training programs and services
each State tested under the
pilot, including--
``(AA) the system of the
State for assessing the
ability of work registrants
to participate in and meet
the requirements of
employment and training
activities and assigning
work registrants to
appropriate activities; and
[[Page 128 STAT. 805]]
``(BB) the employment
and training activities and
services provided under the
pilot;
``(ee) the impact of the
employment and training programs
and services on appropriate
employment, income, and public
benefit receipt as well as other
outcomes among households
participating in the pilot
project, relative to households
not participating; and
``(ff) the steps and funding
necessary to incorporate into
State employment and training
programs and services the
components of the pilot projects
that demonstrate increased
employment and earnings.
``(viii) Funding.--
``(I) In general.--Subject to
subclause (II), from amounts made
available under section 18(a)(1), the
Secretary shall use to carry out this
subparagraph--
``(aa) for fiscal year 2014,
$10,000,000; and
``(bb) for fiscal year 2015,
$190,000,000.
``(II) Limitations.--
``(aa) In general.--The
Secretary shall not fund more
than 10 pilot projects under
this subparagraph.
``(bb) Duration.--Each pilot
project shall be in effect for
not more than 3 years.
``(III) Availability of funds.--
Funds made available under subclause (I)
shall remain available through September
30, 2018.
``(ix) Use of funds.--
``(I) In general.--Funds made
available under this subparagraph for
pilot projects shall be used only for--
``(aa) pilot projects that
comply with this Act;
``(bb) the program and
administrative costs of carrying
out the pilot projects;
``(cc) the costs incurred in
developing systems and providing
information and data for the
independent evaluations under
clause (vii); and
``(dd) the costs of the
evaluations under clause (vii).
``(II) Maintenance of effort.--Funds
made available under this subparagraph
shall be used only to supplement, not to
supplant, non-Federal funds used for
existing employment and training
activities or services.
``(III) Other funds.--In carrying
out pilot projects, States may
contribute additional funds obtained
from other sources, including Federal,
State, or private funds, on the
condition that the use of the
contributions is permissible under
Federal law.''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Monitoring.--
[[Page 128 STAT. 806]]
``(A) In general.--The Secretary shall monitor the
employment and training programs carried out by State
agencies under section 6(d)(4) and assess the
effectiveness of the programs in--
``(i) preparing members of households
participating in the supplemental nutrition
assistance program for employment, including the
acquisition of basic skills necessary for
employment; and
``(ii) increasing the number of household
members who obtain and retain employment
subsequent to participation in the employment and
training programs.
``(B) Reporting measures.--
``(i) In general.--The Secretary, in
consultation with the Secretary of Labor, shall
develop State reporting measures that identify
improvements in the skills, training, education,
or work experience of members of households
participating in the supplemental nutrition
assistance program.
``(ii) Requirements.--Measures shall--
``(I) be based on common measures of
performance for Federal workforce
training programs; and
``(II) include additional indicators
that reflect the challenges facing the
types of members of households
participating in the supplemental
nutrition assistance program who
participate in a specific employment and
training component.
``(iii) State requirements.--The Secretary
shall require that each State employment and
training plan submitted under section 11(e)(19)
identifies appropriate reporting measures for each
proposed component that serves a threshold number
of participants determined by the Secretary of at
least 100 people a year.
``(iv) Inclusions.--Reporting measures
described in clause (iii) may include--
``(I) the percentage and number of
program participants who received
employment and training services and are
in unsubsidized employment subsequent to
the receipt of those services;
``(II) the percentage and number of
program participants who obtain a
recognized credential, including a
registered apprenticeship, or a regular
secondary school diploma or its
recognized equivalent, while
participating in, or within 1 year after
receiving, employment and training
services;
``(III) the percentage and number of
program participants who are in an
education or training program that is
intended to lead to a recognized
credential, including a registered
apprenticeship or on-the-job training
program, a regular secondary school
diploma or its recognized equivalent, or
unsubsidized employment;
``(IV) subject to terms and
conditions established by the Secretary,
measures developed by each State agency
to assess the skills acquisition of
employment and training program
participants that reflect the goals of
the specific employment
[[Page 128 STAT. 807]]
and training program components of the
State agency, which may include, at a
minimum--
``(aa) the percentage and
number of program participants
who are meeting program
requirements in each component
of the education and training
program of the State agency;
``(bb) the percentage and
number of program participants
who are gaining skills likely to
lead to employment as measured
through testing, quantitative or
qualitative assessment, or other
method; and
``(cc) the percentage and
number of program participants
who do not comply with
employment and training
requirements and who are
ineligible under section 6(b);
and
``(V) other indicators approved by
the Secretary.
``(C) Oversight of state employment and training
activities.--The Secretary shall assess State employment
and training programs on a periodic basis to ensure--
``(i) compliance with Federal employment and
training program rules and regulations;
``(ii) that program activities are appropriate
to meet the needs of the individuals referred by
the State agency to an employment and training
program component;
``(iii) that reporting measures are
appropriate to identify improvements in skills,
training, work and experience for participants in
an employment and training program component; and
``(iv) for States receiving additional
allocations under paragraph (1)(E), any
information the Secretary may require to evaluate
the compliance of the State agency with paragraph
(1), which may include--
``(I) a report for each fiscal year
of the number of individuals in the
State who meet the conditions of
paragraph (1)(E)(ii), the number of
individuals the State agency offers a
position in a program described in
subparagraph (B) or (C) of section
6(o)(2), and the number who participate
in such a program;
``(II) a description of the types of
employment and training programs the
State agency uses to comply with
paragraph (1)(E) and the availability of
those programs throughout the State; and
``(III) any additional information
the Secretary determines to be
appropriate.
``(D) State report.--Each State agency shall
annually prepare and submit to the Secretary a report on
the State employment and training program that includes,
using measures identified under subparagraph (B), the
numbers of supplemental nutrition assistance program
participants who have gained skills, training, work, or
experience that will increase the ability of the
participants to obtain regular employment.
[[Page 128 STAT. 808]]
``(E) Modifications to the state employment and
training plan.--Subject to terms and conditions
established by the Secretary, if the Secretary
determines that the performance of a State agency with
respect to employment and training outcomes is
inadequate, the Secretary may require the State agency
to make modifications to the State employment and
training plan to improve the outcomes.
``(F) Periodic evaluation.--Subject to terms and
conditions established by the Secretary, not later than
October 1, 2016, and not less frequently than once every
5 years thereafter, the Secretary shall conduct a study
to review existing practice and research to identify
employment and training program components and practices
that--
``(i) effectively assist members of households
participating in the supplemental nutrition
assistance program in gaining skills, training,
work, or experience that will increase the ability
of the participants to obtain regular employment;
and
``(ii) are best integrated with statewide
workforce development systems.''.
(b) Conforming Amendments.--
(1) Section 5 of the Food and Nutrition Act of 2008 (7
U.S.C. 2014) is amended--
(A) in subsection (d)(14), by inserting ``or a pilot
project under section 16(h)(1)(F)'' after
``6(d)(4)(I)'';
(B) in subsection (e)(3)(B)(iii), by inserting ``or
a pilot project under section 16(h)(1)(F)'' after
``6(d)(4)''; and
(C) in subsection (g)(3), in the first sentence, by
inserting ``or a pilot project under section
16(h)(1)(F)'' after ``6(d)''.
(2) Section 16(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(h)) is amended--
(A) in paragraph (3), by inserting ``or a pilot
project under paragraph (1)(F)'' after ``6(d)(4)''; and
(B) in paragraph (4), by inserting ``or a pilot
project under paragraph (1)(F)'' after ``6(d)(4)''.
(3) Section 17(b)(1)(B)(iv)(III)(hh) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(hh)) is
amended by inserting ``(h)(1)(F),'' after ``(g),''.
(c) Application Date.--
(1) <<NOTE: 7 USC 2014 note.>> In general.--The amendments
made by this section (other than the amendments made by
subsection (a)(2)) shall apply beginning on the date of
enactment of this Act.
(2) <<NOTE: 7 USC 2025 note.>> Process for selecting pilot
programs.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall--
(i) develop and publish the process for
selecting pilot projects under section 16(h)(1)(F)
of the Food and Nutrition Act of 2008 (as added by
subsection (a)(1)(C)); and
(ii) issue such request for proposals for the
independent evaluation as is determined
appropriate by the Secretary.
(B) Application.--The Secretary shall begin
considering proposals not earlier than 90 days after the
date
[[Page 128 STAT. 809]]
on which the Secretary completes the actions described
in subparagraph (A).
(C) Selection.--Not later than 180 days after the
date on which the Secretary completes the actions
described in subparagraph (A), the Secretary shall
select pilot projects from the applications submitted in
response to the request for proposals issued under
subparagraph (A).
(3) <<NOTE: 7 USC 2025 note.>> Monitoring of employment and
training programs.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall issue
interim final regulations implementing the amendments
made by subsection (a)(2).
(B) State action.--States shall include reporting
measures required under section 16(h)(5) of the Food and
Nutrition Act of 2008 (as amended by subsection (a)(2))
in the employment and training plans of the States for
the first full fiscal year that begins not earlier than
180 days after the date that the regulations described
in subparagraph (A) are published.
SEC. 4023. COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(l) Cooperation With Program Research and Evaluation.--Subject to
the requirements of this Act, including protections under section
11(e)(8), States, State agencies, local agencies, institutions,
facilities such as data consortiums, and contractors participating in
programs authorized under this Act shall--
``(1) cooperate with officials and contractors acting on
behalf of the Secretary in the conduct of evaluations and
studies under this Act; and
``(2) submit information at such time and in such manner as
the Secretary may require.''.
SEC. 4024. AUTHORIZATION OF APPROPRIATIONS.
Section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)) is amended in the first sentence by striking ``2012'' and
inserting ``2018''.
SEC. 4025. REVIEW, REPORT, AND REGULATION OF CASH NUTRITION
ASSISTANCE PROGRAM BENEFITS PROVIDED IN
PUERTO RICO.
Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) is
amended by adding at the end the following:
``(e) Review, Report, and Regulation of Cash Nutrition Assistance
Program Benefits Provided in Puerto Rico.--
``(1) Review.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall carry out a review
of the provision of nutrition assistance in Puerto Rico in the
form of cash benefits under this section that shall include--
``(A) an examination of the history of and purpose
for distribution of a portion of monthly benefits in the
form of cash;
``(B) an examination of current barriers to the
redemption of non-cash benefits by current program
participants and retailers;
[[Page 128 STAT. 810]]
``(C) an examination of current usage of cash
benefits for the purchase of non-food and other
prohibited items;
``(D) an identification and assessment of potential
adverse effects of the discontinuation of a portion of
benefits in the form of cash for program participants
and retailers; and
``(E) an examination of such other factors as the
Secretary determines to be relevant.
``(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate,
a report that describes the results of the review conducted
under this subsection.
``(3) Regulation.--
``(A) In general.--Except as provided in
subparagraph (B), and notwithstanding the second
sentence of subsection (b)(1)(B)(i), the Secretary shall
disapprove any plan submitted pursuant to subsection
(b)(1)(A)--
``(i) for fiscal year 2017 that provides for
the distribution of more than 20 percent of the
nutrition assistance benefit of a participant in
the form of cash;
``(ii) for fiscal year 2018 that provides for
the distribution of more than 15 percent of the
nutrition assistance benefit of a participant in
the form of cash;
``(iii) for fiscal year 2019 that provides for
the distribution of more than 10 percent of the
nutrition assistance benefit of a participant in
the form of cash;
``(iv) for fiscal year 2020 that provides for
the distribution of more than 5 percent of the
nutrition assistance benefit of a participant in
the form of cash; and
``(v) for fiscal year 2021 that provides for
the distribution of any portion of the nutrition
assistance benefit of a participant in the form of
cash.
``(B) Exception.--Notwithstanding subparagraph (A),
the Secretary, informed by the report required under
paragraph (2), may approve a plan that exempts
participants or categories of participants if the
Secretary determines that discontinuation of benefits in
the form of cash is likely to have significant adverse
effects.
``(4) Funding.--Out of any funds made available under
section 18 for fiscal year 2014, the Secretary shall make
available to carry out the review and report described in
paragraphs (1) and (2) $1,000,000, to remain available until
expended.''.
SEC. 4026. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(B)--
(i) in clause (i)--
(I) in subclause (I), by inserting
after ``individuals'' the following:
``through food distribution, community
outreach to assist in participation in
Federally assisted nutrition programs,
or improving access to food as part of a
comprehensive service;''; and
[[Page 128 STAT. 811]]
(II) in subclause (III), by
inserting ``food access,'' after
``food,''; and
(ii) in clause (ii), by striking subclause (I)
and inserting the following:
``(I) equipment necessary for the
efficient operation of a project;''; and
(B) by striking paragraphs (2) and (3) and inserting
the following:
``(2) Gleaner.--The term `gleaner' means an entity that--
``(A) collects edible, surplus food that would be
thrown away and distributes the food to agencies or
nonprofit organizations that feed the hungry; or
``(B) harvests for free distribution to the needy,
or for donation to agencies or nonprofit organizations
for ultimate distribution to the needy, an agricultural
crop that has been donated by the owner of the crop.
``(3) Hunger-free communities goal.--The term `hunger-free
communities goal' means any of the 14 goals described in House
Concurrent Resolution 302, 102nd Congress, agreed to October 5,
1992.'';
(2) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking ``fiscal year
2008 and each fiscal year thereafter.'' and inserting
the following: ``each of fiscal years 2008 through 2014;
and
``(C) $9,000,000 for fiscal year 2015 and each
fiscal year thereafter.'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``private nonprofit entity'' and inserting
``public food program service provider, a tribal
organization, or a private nonprofit entity, including
gleaners,'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``or''
after the semicolon at the end;
(ii) in subparagraph (B), by inserting ``or''
after the semicolon at the end; and
(iii) by adding at the end the following:
``(C) efforts to reduce food insecurity in the
community, including food distribution, improving access
to services, or coordinating services and programs;'';
(C) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(D) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(4) collaborate with 1 or more local partner organizations
to achieve at least 1 hunger-free communities goal.'';
(4) in subsection (d)--
(A) in paragraph (3), by striking ``or'' after the
semicolon at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(5) develop new resources and strategies to help reduce
food insecurity in the community and prevent food insecurity in
the future by--
[[Page 128 STAT. 812]]
``(A) developing creative food resources;
``(B) coordinating food services with park and
recreation programs and other community-based outlets to
reduce barriers to access; or
``(C) creating nutrition education programs for at-
risk populations to enhance food-purchasing and food-
preparation skills and to heighten awareness of the
connection between diet and health.'';
(5) in subsection (f)(2), by striking ``3 years'' and
inserting ``5 years''; and
(6) by striking subsections (h) and (i) and inserting the
following:
``(h) Reports to Congress.--Not later than September 30, 2014, and
each year thereafter, the Secretary shall submit to Congress a report
that describes each grant made under this section, including--
``(1) a description of any activity funded;
``(2) the degree of success of each activity funded in
achieving hunger-free community goals; and
``(3) the degree of success in improving the long-term
capacity of a community to address food and agriculture problems
related to hunger or access to healthy food.''.
SEC. 4027. EMERGENCY FOOD ASSISTANCE.
(a) Purchase of Commodities.--Section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended--
(1) in paragraph (1), by striking ``2008 through 2012'' and
inserting ``2014 through 2018'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C)--
(i) by striking ``2012'' and inserting
``2018''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(D) for each of fiscal years 2015 through 2018,
the sum obtained by adding the total dollar amount of
commodities specified in subparagraph (C) and--
``(i) for fiscal year 2015, $50,000,000;
``(ii) for fiscal year 2016, $40,000,000;
``(iii) for fiscal year 2017, $20,000,000; and
``(iv) for fiscal year 2018, $15,000,000; and
``(E) for fiscal year 2019 and each subsequent
fiscal year, the total dollar amount of commodities
specified in subparagraph (D)(iv) adjusted by the
percentage by which the thrifty food plan has been
adjusted under section 3(u)(4) to reflect changes
between June 30, 2017, and June 30 of the immediately
preceding fiscal year.''; and
(3) by adding at the end the following:
``(3) Funds availability.--For purposes of the funds
described in this subsection, the Secretary shall--
``(A) make the funds available for 2 fiscal years;
and
``(B) allow States to carry over unexpended balances
to the next fiscal year pursuant to such terms and
conditions as are determined by the Secretary.''.
(b) Emergency Food Program Infrastructure Grants.--Section 209(d) of
the Emergency Food Assistance Act of 1983 (7
[[Page 128 STAT. 813]]
U.S.C. 7511a(d)) is amended by striking ``2012'' and inserting ``2018''.
SEC. 4028. NUTRITION EDUCATION.
Section 28(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(b)) is amended by inserting ``and physical activity'' after
``healthy food choices''.
SEC. 4029. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended by adding at the end the following:
``SEC. 29. <<NOTE: 7 USC 2036b.>> RETAIL FOOD STORE AND RECIPIENT
TRAFFICKING.
``(a) Purpose.--The purpose of this section is to provide the
Department of Agriculture with additional resources to prevent
trafficking in violation of this Act by strengthening recipient and
retail food store program integrity.
``(b) Use of Funds.--
``(1) In general.--Additional funds are provided under this
section to supplement the retail food store and recipient
integrity activities of the Department.
``(2) Information technologies.--The Secretary shall use an
appropriate amount of the funds provided under this section to
employ information technologies known as data mining and data
warehousing and other available information technologies to
administer the supplemental nutrition assistance program and
enforce regulations promulgated under section 4(c).
``(c) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2014 through 2018.
``(2) Mandatory funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out
this section not less than $15,000,000 for fiscal year
2014, to remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
``(C) Maintenance of funding.--The funding provided
under subparagraph (A) shall supplement (and not
supplant) other Federal funding for programs carried out
under this Act.''.
SEC. 4030. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)
is amended--
(1) in subsection (g), by striking ``coupon,'' the last
place it appears and inserting ``coupon'';
(2) in subsection (k)(7), by striking ``or are'' and
inserting ``and'';
(3) by striking subsection (l);
(4) by redesignating subsections (m) through (t) as
subsections (l) through (s), respectively; and
(5) by inserting after subsection (s) (as so redesignated)
the following:
[[Page 128 STAT. 814]]
``(t) `Supplemental nutrition assistance program' means the program
operated pursuant to this Act.''.
(b) Section 4(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(a)) is amended in the last sentence by striking ``benefits'' and
inserting ``Benefits''.
(c) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014)
is amended--
(1) in the last sentence of subsection (i)(2)(D), by
striking ``section 13(b)(2)'' and inserting ``section 13(b)'';
and
(2) in subsection (k)(4)(A), by striking ``paragraph
(2)(H)'' and inserting ``paragraph (2)(G)''.
(d) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)) is amended in subparagraphs (B)(vii) and (F)(iii) by
indenting both clauses appropriately.
(e) Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)) is amended by redesignating the second paragraph (12) (relating
to interchange fees) as paragraph (13).
(f) Section 9(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2018(a)) is amended by indenting paragraph (3) appropriately.
(g) Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021)
is amended--
(1) in subsection (b)(3)(C), by striking ``civil money
penalties'' and inserting ``civil penalties''; and
(2) in subsection (g)(1), by striking ``(7 U.S.C. 1786)''
and inserting ``(42 U.S.C. 1786)''.
(h) Section 15(b)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2024(b)(1)) is amended in the first sentence by striking ``an benefit''
both places it appears and inserting ``a benefit''.
(i) Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(a)) is amended in the proviso following paragraph (8) by striking
``as amended.''.
(j) Section 18(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(e)) is amended in the first sentence by striking ``sections 7(f)''
and inserting ``section 7(f)''.
(k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 (7
U.S.C. 2031(b)(10)(B)(i)) is amended in the last sentence by striking
``Food benefits'' and inserting ``Benefits''.
(l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 (7
U.S.C. 2035(f)(3)(C)) is amended by striking ``subsection'' and
inserting ``subsections''.
(m) Section 27(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)(1)) is amended by striking ``(Public Law 98-8; 7 U.S.C. 612c
note)'' and inserting ``(7 U.S.C. 7515)''.
(n) Section 115 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C. 862a) is amended--
(1) in subsection (a)(2), by striking ``food stamp program
(as defined in section 3(l) of the Food Stamp Act of 1977) or
any State program carried out under the Food Stamp Act of 1977''
and inserting ``supplemental nutrition assistance program (as
defined in section 3 of the Food and Nutrition Act of 2008 (7
U.S.C. 2012)) or any State program carried out under that Act'';
(2) in subsection (b)(2)--
(A) in the paragraph heading, by striking ``the food
stamp act of 1977'' and inserting ``the food and
nutrition act of 2008''; and
[[Page 128 STAT. 815]]
(B) by striking ``food stamp program (as defined in
section 3(l) of the Food Stamp Act of 1977), or any
State program carried out under the Food Stamp Act of
1977'' and inserting ``supplemental nutrition assistance
program (as defined in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012)), or any State
program carried out under that Act''; and
(3) in subsection (e)(2), by striking ``section 3(s) of the
Food Stamp Act of 1977, when referring to the food stamp program
(as defined in section 3(l) of the Food Stamp Act of 1977) or
any State program carried out under the Food Stamp Act of 1977''
and inserting ``section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012), when referring to the supplemental nutrition
assistance program (as defined in that section) or any State
program carried out under that Act''.
(o) Section 3803(c)(2)(C)(vii) of title 31 of the United States Code
is amended by striking ``section 3(l)'' and inserting ``section 3''.
(p) Section 453(j)(10) of the Social Security Act (42 U.S.C.
653(j)(10)) is amended in the paragraph heading by striking ``food stamp
programs'' and inserting ``supplemental nutrition assistance program
benefits''.
(q) Section 1137 of the Social Security Act (42 U.S.C. 1320b-7)--
(1) in subsection (a)(5)(B), by striking ``food stamp'' and
inserting ``supplemental nutrition assistance''; and
(2) in subsection (b)(4), by striking ``food stamp program
under the Food Stamp Act of 1977'' and inserting ``supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)''.
(r) Section 1631(n) of the Social Security Act (42 U.S.C. 1383) is
amended in the subsection heading by striking ``Food Stamp'' and
inserting ``Supplemental Nutrition Assistance''.
(s) Section 509 of the Older Americans Act of 1965 (42 U.S.C. 3056g)
is amended in the section heading by striking ``food stamp programs''
and inserting ``supplemental nutrition assistance programs''.
(t) Section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note; Public Law 93-86) is amended by striking
``Food Stamp Act of 1977'' and inserting ``Food and Nutrition Act of
2008''.
(u) Section 5 of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note; Public Law 93-86) is amended--
(1) in subsection (h)(1), by striking ``food stamps'' and
inserting ``the supplemental nutrition assistance program'';
(2) in subsection (i)(1), by striking ``food stamps provided
under the Food Stamp Act of 1977'' and inserting ``supplemental
nutrition assistance benefits provided under the Food and
Nutrition Act of 2008''; and
(3) in subsection (l)(2)(B), by striking ``Food Stamp Act of
1977'' and inserting ``Food and Nutrition Act of 2008''.
(v) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act
of 2008 (Public Law 110-246; 122 Stat. 1871) <<NOTE: 42 USC 654.>> is
amended by striking ``531'' and inserting ``454''.
[[Page 128 STAT. 816]]
SEC. 4031. <<NOTE: 48 USC 1841 note.>> COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS PILOT PROGRAM.
(a) Study.--
(1) In general.--Prior to establishing the pilot program
under subsection (b), the Secretary shall conduct a study to be
completed not later than 2 years after the date of enactment of
this Act to assess--
(A) the capabilities of the Commonwealth of the
Northern Mariana Islands to operate the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in a
similar manner as the program is operated in the States
(as defined in section 3 of that Act (7 U.S.C. 2012));
and
(B) alternative models of the supplemental nutrition
assistance program operation and benefit delivery that
best meet the nutrition assistance needs of the
Commonwealth of the Northern Mariana Islands.
(2) Scope.--The study conducted under paragraph (1)(A) shall
assess the capability of the Commonwealth of the Northern
Mariana Islands to fulfill the responsibilities of a State
agency (as defined in section 3 of the Food and Nutrition Act of
2008 (7 U.S.C. 2012)), including--
(A) extending and limiting participation to eligible
households, as required by sections 5 and 6 of that Act
(7 U.S.C. 2014, 2015);
(B) issuing benefits through EBT cards, as required
by section 7 of that Act (7 U.S.C. 2016);
(C) maintaining the integrity of the program,
including operation of a quality control system, as
required by section 16(c) of that Act (7 U.S.C.
2025(c));
(D) implementing work requirements, including
operating an employment and training program, as
required by section 6(d) of that Act (7 U.S.C. 2015(d));
and
(E) paying a share of administrative costs with non-
Federal funds, as required by section 16(a) of that Act
(7 U.S.C. 2016(a)).
(b) Establishment.--If the Secretary determines that a pilot program
is feasible, the Secretary shall establish a pilot program for the
Commonwealth of the Northern Mariana Islands to operate the supplemental
nutrition assistance program in the same manner in which the program is
operated in the States.
(c) Scope.--The Secretary shall use the information obtained from
the study conducted under subsection (a) to establish the scope of the
pilot program established under subsection (b).
(d) Report.--Not later than June 30, 2019, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the pilot program carried out under this section, including
an analysis of the feasibility of operating the supplemental nutrition
assistance program in the Commonwealth of the Northern Mariana Islands
in the same manner in which the program is operated in the States.
(e) Funding.--
(1) Study.--Of the funds made available under section
18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)), the Secretary may use to conduct the study
[[Page 128 STAT. 817]]
described in subsection (a) not more than $1,000,000 for each of
fiscal years 2014 and 2015.
(2) Pilot program.--
(A) In general.--Except as provided in subparagraph
(B), of the funds made available under section 18(a)(1)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)), the Secretary may use to establish and
carry out the pilot program under subsection (b),
including the Federal costs for providing technical
assistance to the Commonwealth of the Northern Mariana
Islands, authorizing and monitoring retail food stores,
and assessing pilot operations, not more than--
(i) $13,500,000 for fiscal year 2016; and
(ii) $8,500,000 for each of fiscal years 2017
and 2018.
(B) Exception.--If the Secretary determines that a
pilot program described in subsection (b) is not
feasible, the Secretary shall provide to the
Commonwealth of the Northern Mariana Islands any unspent
funds described in subparagraph (A), which shall--
(i) be made available for obligation under the
Commonwealth of the Northern Mariana Islands
nutrition assistance program block grant in
addition to any other funds made available for
that grant; and
(ii) remain available until expended.
SEC. 4032. <<NOTE: 7 USC 2036c.>> ANNUAL STATE REPORT ON
VERIFICATION OF SNAP PARTICIPATION.
(a) Annual Report.--Not later than 1 year after the date specified
by the Secretary during the 180-day period beginning on the date of
enactment of this Act, and annually thereafter, each State agency that
carries out the supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) shall
submit to the Secretary a report containing sufficient information for
the Secretary to determine whether the State agency has, for the most
recently concluded fiscal year preceding that annual date, verified that
the State agency in that fiscal year--
(1) did not issue benefits to a deceased individual; and
(2) did not issue benefits to an individual who had been
permanently disqualified from receiving benefits.
(b) Penalty for Noncompliance.--For any fiscal year for which a
State agency fails to comply with subsection (a), the Secretary shall
impose a penalty that includes a reduction of up to 50 percent of the
amount that would be otherwise payable to the State agency under section
16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) with
respect to that fiscal year.
(c) Report of Pilot Program to Test Prevention of Duplicate
Participation.--Not later than 90 days after the completion in multiple
States of a temporary pilot program to test the detection and prevention
of duplicate participation by beneficiaries of the supplemental
nutrition assistance program established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
assessing the feasibility, effectiveness, and cost for the expansion of
the pilot program nationwide.
[[Page 128 STAT. 818]]
SEC. 4033. <<NOTE: 25 USC 443d.>> SERVICE OF TRADITIONAL FOODS IN
PUBLIC FACILITIES.
(a) Purposes.--The purposes of this section are--
(1) to provide access to traditional foods in food service
programs;
(2) to encourage increased consumption of traditional foods
to decrease health disparities among Indians, particularly
Alaska Natives; and
(3) to provide alternative food options for food service
programs.
(b) Definitions.--In this section:
(1) Alaska native.--The term ``Alaska Native'' means a
person who is a member of any Native village, Village
Corporation, or Regional Corporation (as those terms are defined
in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Food and Drugs.
(3) Food service program.--The term ``food service program''
includes--
(A) food service at residential child care
facilities that have a license from an appropriate State
agency;
(B) any child nutrition program (as that term is
defined in section 25(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769f(b));
(C) food service at hospitals, clinics, and long-
term care facilities; and
(D) senior meal programs.
(4) Indian; indian tribe.--The terms ``Indian'' and ``Indian
tribe'' have the meanings given those terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(5) Traditional food.--
(A) In general.--The term ``traditional food'' means
food that has traditionally been prepared and consumed
by an Indian tribe.
(B) Inclusions.--The term ``traditional food''
includes--
(i) wild game meat;
(ii) fish;
(iii) seafood;
(iv) marine mammals;
(v) plants; and
(vi) berries.
(6) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(c) Program.--The Secretary and the Commissioner shall allow the
donation to and serving of traditional food through food service
programs at public facilities and nonprofit facilities, including
facilities operated by Indian tribes and facilities operated by tribal
organizations, that primarily serve Indians if the operator of the food
service program--
(1) ensures that the food is received whole, gutted, gilled,
as quarters, or as a roast, without further processing;
(2) makes a reasonable determination that--
(A) the animal was not diseased;
[[Page 128 STAT. 819]]
(B) the food was butchered, dressed, transported,
and stored to prevent contamination, undesirable
microbial growth, or deterioration; and
(C) the food will not cause a significant health
hazard or potential for human illness;
(3) carries out any further preparation or processing of the
food at a different time or in a different space from the
preparation or processing of other food for the applicable
program to prevent cross-contamination;
(4) cleans and sanitizes food-contact surfaces of equipment
and utensils after processing the traditional food;
(5) labels donated traditional food with the name of the
food;
(6) stores the traditional food separately from other food
for the applicable program, including through storage in a
separate freezer or refrigerator or in a separate compartment or
shelf in the freezer or refrigerator;
(7) follows Federal, State, local, county, tribal, or other
non-Federal law regarding the safe preparation and service of
food in public or nonprofit facilities; and
(8) follows other such criteria as established by the
Secretary and Commissioner.
(d) Liability.--
(1) In general.--The United States, an Indian tribe, and a
tribal organization shall not be liable in any civil action for
any damage, injury, or death caused to any person by the
donation to or serving of traditional foods through food service
programs.
(2) Rule of construction.--Nothing in paragraph (1) alters
any liability or other obligation of the United States under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 1450 et seq.).
Subtitle B--Commodity Distribution Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
Section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note; Public Law 93-86) is amended in the first sentence
by striking ``2012'' and inserting ``2018''.
SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note; Public Law 93-86) is amended--
(1) in paragraphs (1) and (2)(B) of subsection (a), by
striking ``2012'' each place it appears and inserting ``2018'';
(2) in the first sentence of subsection (d)(2), by striking
``2012'' and inserting ``2018'';
(3) by striking subsection (g) and inserting the following:
``(g) Eligibility.--Except as provided in subsection (m), the States
shall only provide assistance under the commodity supplemental food
program to low-income persons aged 60 and older.''; and
(4) by adding at the end the following:
[[Page 128 STAT. 820]]
``(m) Phase-Out.--Notwithstanding any other provision of law, an
individual who receives assistance under the commodity supplemental food
program on the day before the date of enactment of this subsection shall
continue to receive that assistance until the date on which the
individual is no longer eligible for assistance under the eligibility
requirements for the program in effect on the day before the date of
enactment of this subsection.''.
SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL
NUTRITION PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(2)(A)) is amended in the first sentence by striking
``2012'' and inserting ``2018''.
SEC. 4104. PROCESSING OF COMMODITIES.
(a) In General.--Section 17 of the Commodity Distribution Reform Act
and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) is
amended--
(1) in the section heading, by inserting ``and processing''
after ``donations''; and
(2) by adding at the end the following:
``(c) Processing.--
``(1) In general.--For any program included under subsection
(b), the Secretary may, notwithstanding any other provision of
Federal or State law relating to the procurement of goods and
services--
``(A) retain title to commodities delivered to a
processor, on behalf of a State (including a State
distributing agency and a recipient agency), until such
time as end products containing the commodities, or
similar commodities as approved by the Secretary, are
delivered to a State distributing agency or to a
recipient agency; and
``(B) promulgate regulations to ensure
accountability for commodities provided to a processor
for processing into end products, and to facilitate
processing of commodities into end products for use by
recipient agencies.
``(2) Regulations.--The regulations described in paragraph
(1)(B) may provide that--
``(A) a processor that receives commodities for
processing into end products, or provides a service with
respect to the commodities or end products, in
accordance with the agreement of the processor with a
State distributing agency or a recipient agency, provide
to the Secretary a bond or other means of financial
assurance to protect the value of the commodities; and
``(B) in the event a processor fails to deliver to a
State distributing agency or a recipient agency an end
product in conformance with the processing agreement
entered into under this Act, the Secretary--
``(i) take action with respect to the bond or
other means of financial assurance pursuant to
regulations promulgated under this subsection; and
``(ii) distribute any proceeds obtained by the
Secretary to 1 or more State distributing agencies
and recipient agencies, as determined appropriate
by the Secretary.''.
(b) Definitions.--Section 18 of the Commodity Distribution Reform
Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
[[Page 128 STAT. 821]]
Public Law 100-237) is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) Commodities.--The term `commodities' means
agricultural commodities and their products that are donated by
the Secretary for use by recipient agencies.
``(2) End product.--The term `end product' means a food
product that contains processed commodities.''.
(c) Technical and Conforming Amendments.--Section 3 of the Commodity
Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
Public Law 100-237) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) the program established under section 4(b) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b));''; and
(B) in paragraph (3)(D), by striking ``the Committee
on Education and Labor'' and inserting ``the Committee
on Education and the Workforce'';
(2) in subsection (b)(1)(A)(ii), by striking ``section 32 of
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.)'' and
inserting ``section 32 of the Act of August 24, 1935 (7 U.S.C.
612c)'';
(3) in subsection (e)(1)(D)(iii), by striking subclause (II)
and inserting the following:
``(II) the program established under
section 4(b) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b));''; and
(4) in subsection (k), by striking ``the Committee on
Education and Labor'' and inserting ``the Committee on Education
and the Workforce''.
Subtitle C--Miscellaneous
SEC. 4201. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR
DISTRIBUTION TO SCHOOLS AND SERVICE
INSTITUTIONS.
Section 10603(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 612c-4(b)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 4202. PILOT PROJECT FOR PROCUREMENT OF UNPROCESSED FRUITS AND
VEGETABLES.
Section 6 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1755) is amended by adding at the end the following:
``(f) Pilot Project for Procurement of Unprocessed Fruits and
Vegetables.--
``(1) In general.--The Secretary shall conduct a pilot
project under which the Secretary shall facilitate the
procurement of unprocessed fruits and vegetables in not more
than 8 States receiving funds under this Act.
``(2) Purpose.--The purpose of the pilot project required by
this subsection is to provide selected States flexibility for
the procurement of unprocessed fruits and vegetables by
permitting each State--
``(A) to utilize multiple suppliers and products
established and qualified by the Secretary; and
[[Page 128 STAT. 822]]
``(B) to allow geographic preference, if desired, in
the procurement of the products under the pilot project.
``(3) Selection and participation.--
``(A) In general.--The Secretary shall select States
for participation in the pilot project in accordance
with criteria established by the Secretary and terms and
conditions established for participation.
``(B) Requirement.--The Secretary shall ensure that
at least 1 project is located in a State in each of--
``(i) the Pacific Northwest Region;
``(ii) the Northeast Region;
``(iii) the Western Region;
``(iv) the Midwest Region; and
``(v) the Southern Region.
``(4) Priority.--In selecting States for participation in
the pilot project, the Secretary shall prioritize applications
based on--
``(A) the quantity and variety of growers of local
fruits and vegetables in the States on a per capita
basis;
``(B) the demonstrated commitment of the States to
farm-to-school efforts, as evidenced by prior efforts to
increase and promote farm-to-school programs in the
States; and
``(C) whether the States contain a sufficient
quantity of local educational agencies, various
population sizes, and geographical locations.
``(5) Recordkeeping and reporting requirements.--
``(A) Recordkeeping requirement.--States selected to
participate in the pilot project, and participating
school food authorities within those States, shall keep
records of the fruits and vegetables received under the
pilot project in such manner and form as requested by
the Secretary.
``(B) Reporting requirement.--Each participating
State shall submit to the Secretary a report on the
success of the pilot project in the State, including
information on--
``(i) the quantity and cost of each type of
fruit and vegetable received by the State under
the pilot project; and
``(ii) the benefit provided by those
procurements in conducting school food service in
the State, including meeting school meal
requirements.''.
SEC. 4203. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
(a) In General.--Section 4402(a) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3007(a)) is amended by striking
``2012'' and inserting ``2018''.
(b) <<NOTE: 7 USC 3007 note.>> Effective Date.--The amendment made
by subsection (a) takes effect on October 1, 2013.
SEC. 4204. DIETARY GUIDELINES FOR AMERICANS.
Section 301(a) of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341(a)) is amended by adding at the end
the following:
``(3) Pregnant women and young children.--Not later than the
2020 report and in each report thereafter, the Secretaries shall
include national nutritional and dietary information
[[Page 128 STAT. 823]]
and guidelines for pregnant women and children from birth until
the age of 2.''.
SEC. 4205. MULTIAGENCY TASK FORCE.
Subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is amended by adding
at the end the following:
``SEC. 242. <<NOTE: 7 USC 6952.>> MULTIAGENCY TASK FORCE.
``(a) In General.--The Secretary shall establish, in the office of
the Under Secretary for Food, Nutrition, and Consumer Services, a
multiagency task force for the purpose of providing coordination and
direction for commodity programs.
``(b) Composition.--The Task Force shall be composed of at least 4
members, including--
``(1) a representative from the Food Distribution Division
of the Food and Nutrition Service, who shall--
``(A) be appointed by the Under Secretary for Food,
Nutrition, and Consumer Services; and
``(B) serve as Chairperson of the Task Force;
``(2) at least 1 representative from the Agricultural
Marketing Service, who shall be appointed by the Under Secretary
for Marketing and Regulatory Programs;
``(3) at least 1 representative from the Farm Services
Agency, who shall be appointed by the Under Secretary for Farm
and Foreign Agricultural Services; and
``(4) at least 1 representative from the Food Safety and
Inspection Service, who shall be appointed by the Under
Secretary for Food Safety.
``(c) Duties.--
``(1) In general.--The Task Force shall be responsible for
evaluation and monitoring of the commodity programs to ensure
that the commodity programs meet the mission of the Department--
``(A) to support the United States farm sector; and
``(B) to contribute to the health and well-being of
individuals in the United States through the
distribution of domestic agricultural products through
commodity programs.
``(2) Specific duties.--In carrying out paragraph (1), the
Task Force shall--
``(A) review and make recommendations regarding the
specifications used for the procurement of food
commodities;
``(B) review and make recommendations regarding the
efficient and effective distribution of food
commodities; and
``(C) review and make recommendations regarding the
degree to which the quantity, quality, and
specifications of procured food commodities align the
needs of producers and the preferences of recipient
agencies.
``(d) Reports.--Not later than 1 year after the date of enactment of
this section, and annually thereafter, the Secretary shall submit to
Congress a report that describes, for the period covered by the report--
``(1) the findings and recommendations of the Task Force;
and
``(2) policies implemented for the improvement of commodity
procurement programs.''.
[[Page 128 STAT. 824]]
SEC. 4206. HEALTHY FOOD FINANCING INITIATIVE.
Subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) (as amended by
section 4205) is amended by adding at the end the following:
``SEC. 243. <<NOTE: 7 USC 6953.>> HEALTHY FOOD FINANCING
INITIATIVE.
``(a) Purpose.--The purpose of this section is to enhance the
authorities of the Secretary to support efforts to provide access to
healthy food by establishing an initiative to improve access to healthy
foods in underserved areas, to create and preserve quality jobs, and to
revitalize low-income communities by providing loans and grants to
eligible fresh, healthy food retailers to overcome the higher costs and
initial barriers to entry in underserved areas.
``(b) Definitions.--In this section:
``(1) Community development financial institution.--The term
`community development financial institution' has the meaning
given the term in section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
``(2) Initiative.--The term `Initiative' means the Healthy
Food Financing Initiative established under subsection (c)(1).
``(3) National fund manager.--The term `national fund
manager' means a community development financial institution
that is--
``(A) in existence on the date of enactment of this
section; and
``(B) certified by the Community Development
Financial Institution Fund of the Department of Treasury
to manage the Initiative for purposes of--
``(i) raising private capital;
``(ii) providing financial and technical
assistance to partnerships; and
``(iii) funding eligible projects to attract
fresh, healthy food retailers to underserved
areas, in accordance with this section.
``(4) Partnership.--The term `partnership' means a regional,
State, or local public-private partnership that--
``(A) is organized to improve access to fresh,
healthy foods;
``(B) provides financial and technical assistance to
eligible projects; and
``(C) meets such other criteria as the Secretary may
establish.
``(5) Perishable food.--The term `perishable food' means a
staple food that is fresh, refrigerated, or frozen.
``(6) Quality job.--The term `quality job' means a job that
provides wages and other benefits comparable to, or better than,
similar positions in existing businesses of similar size in
similar local economies.
``(7) Staple food.--
``(A) In general.--The term `staple food' means food
that is a basic dietary item.
``(B) Inclusions.--The term `staple food' includes--
``(i) bread or cereal;
``(ii) flour;
``(iii) fruits;
``(iv) vegetables;
[[Page 128 STAT. 825]]
``(v) meat; and
``(vi) dairy products.
``(c) Initiative.--
``(1) Establishment.--The Secretary shall establish an
initiative to achieve the purpose described in subsection (a) in
accordance with this subsection.
``(2) Implementation.--
``(A) In general.--
``(i) In general.--In carrying out the
Initiative, the Secretary shall provide funding to
entities with eligible projects, as described in
subparagraph (B), subject to the priorities
described in subparagraph (C).
``(ii) Use of funds.--Funds provided to an
entity pursuant to clause (i) shall be used--
``(I) to create revolving loan pools
of capital or other products to provide
loans to finance eligible projects or
partnerships;
``(II) to provide grants for
eligible projects or partnerships;
``(III) to provide technical
assistance to funded projects and
entities seeking Initiative funding; and
``(IV) to cover administrative
expenses of the national fund manager in
an amount not to exceed 10 percent of
the Federal funds provided.
``(B) Eligible projects.--Subject to the approval of
the Secretary, the national fund manager shall establish
eligibility criteria for projects under the Initiative,
which shall include the existence or planned execution
of agreements--
``(i) to expand or preserve the availability
of staple foods in underserved areas with
moderate- and low-income populations by
maintaining or increasing the number of retail
outlets that offer an assortment of perishable
food and staple food items, as determined by the
Secretary, in those areas; and
``(ii) to accept benefits under the
supplemental nutrition assistance program
established under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.).
``(C) Priorities.--In carrying out the Initiative,
priority shall be given to projects that--
``(i) are located in severely distressed low-
income communities, as defined by the Community
Development Financial Institutions Fund of the
Department of Treasury; and
``(ii) include 1 or more of the following
characteristics:
``(I) The project will create or
retain quality jobs for low-income
residents in the community.
``(II) The project supports regional
food systems and locally grown foods, to
the maximum extent practicable.
``(III) In areas served by public
transit, the project is accessible by
public transit.
``(IV) The project involves women-
or minority-owned businesses.
[[Page 128 STAT. 826]]
``(V) The project receives funding
from other sources, including other
Federal agencies.
``(VI) The project otherwise
advances the purpose of this section, as
determined by the Secretary.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $125,000,000, to
remain available until expended.''.
SEC. 4207. PURCHASE OF HALAL AND KOSHER FOOD FOR EMERGENCY FOOD
ASSISTANCE PROGRAM.
Section 202 of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7502) is amended by adding at the end the following:
``(h) Kosher and Halal Food.--As soon as practicable after the date
of enactment of this subsection, the Secretary shall finalize and
implement a plan--
``(1) to increase the purchase of Kosher and Halal food from
food manufacturers with a Kosher or Halal certification to carry
out the program established under this Act if the Kosher and
Halal food purchased is cost neutral as compared to food that is
not from food manufacturers with a Kosher or Halal
certification; and
``(2) to modify the labeling of the commodities list used to
carry out the program in a manner that enables Kosher and Halal
distribution entities to identify which commodities to obtain
from local food banks.''.
SEC. 4208. FOOD INSECURITY NUTRITION INCENTIVE.
Section 4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517) is amended to read as follows:
``SEC. 4405. FOOD INSECURITY NUTRITION INCENTIVE.
``(a) In General.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a nonprofit organization (including an
emergency feeding organization);
``(B) an agricultural cooperative;
``(C) a producer network or association;
``(D) a community health organization;
``(E) a public benefit corporation;
``(F) an economic development corporation;
``(G) a farmers' market;
``(H) a community-supported agriculture program;
``(I) a buying club;
``(J) a retail food store participating in the
supplemental nutrition assistance program;
``(K) a State, local, or tribal agency; and
``(L) any other entity the Secretary designates.
``(2) Emergency feeding organization.--The term `emergency
feeding organization' has the meaning given the term in section
201A of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7501).
``(3) Supplemental nutrition assistance program.--The term
`supplemental nutrition assistance program' means the
supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
``(b) Food Insecurity Nutrition Incentive Grants.--
``(1) Authorization.--
[[Page 128 STAT. 827]]
``(A) In general.--In each of the years specified in
subsection (c), the Secretary shall make grants to
eligible entities in accordance with paragraph (2).
``(B) Federal share.--The Federal share of the cost
of carrying out an activity under this subsection shall
not exceed 50 percent of the total cost of the activity.
``(C) Non-federal share.--
``(i) In general.--The non-Federal share of
the cost of an activity under this subsection may
be provided--
``(I) in cash or in-kind
contributions as determined by the
Secretary, including facilities,
equipment, or services; and
``(II) by a State or local
government or a private source.
``(ii) Limitation.--In the case of a for-
profit entity, the non-Federal share described in
clause (i) shall not include services of an
employee, including salaries paid or expenses
covered by the employer.
``(2) Criteria.--
``(A) In general.--For purposes of this subsection,
an eligible entity is a governmental agency or nonprofit
organization that--
``(i) meets the application criteria set forth
by the Secretary; and
``(ii) proposes a project that, at a minimum--
``(I) has the support of the State
agency;
``(II) would increase the purchase
of fruits and vegetables by low-income
consumers participating in the
supplemental nutrition assistance
program by providing incentives at the
point of purchase;
``(III) agrees to participate in the
evaluation described in paragraph (4);
``(IV) ensures that the same terms
and conditions apply to purchases made
by individuals with benefits issued
under this Act and incentives provided
for in this subsection as apply to
purchases made by individuals who are
not members of households receiving
benefits, such as provided for in
section 278.2(b) of title 7, Code of
Federal Regulations (or a successor
regulation); and
``(V) includes effective and
efficient technologies for benefit
redemption systems that may be
replicated in other States and
communities.
``(B) Priority.--In awarding grants under this
section, the Secretary shall give priority to projects
that--
``(i) maximize the share of funds used for
direct incentives to participants;
``(ii) use direct-to-consumer sales marketing;
``(iii) demonstrate a track record of
designing and implementing successful nutrition
incentive programs that connect low-income
consumers and agricultural producers;
``(iv) provide locally or regionally produced
fruits and vegetables;
``(v) are located in underserved communities;
or
[[Page 128 STAT. 828]]
``(vi) address other criteria as established
by the Secretary.
``(3) Applicability.--
``(A) In general.--The value of any benefit provided
to a participant in any activity funded under this
subsection shall be treated as supplemental nutrition
benefits under section 8(b) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2017(b)).
``(B) Prohibition on collection of sales taxes.--
Each State shall ensure that no State or local tax is
collected on a purchase of food under this subsection.
``(C) No limitation on benefits.--A grant made
available under this subsection shall not be used to
carry out any project that limits the use of benefits
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.) or any other Federal nutrition law.
``(D) Household allotment.--Assistance provided
under this subsection to households receiving benefits
under the supplemental nutrition assistance program
shall not--
``(i) be considered part of the supplemental
nutrition assistance program benefits of the
household; or
``(ii) be used in the collection or
disposition of claims under section 13 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2022).
``(4) Evaluation.--
``(A) Independent evaluation.--The Secretary shall
provide for an independent evaluation of projects
selected under this subsection that measures the impact
of each project on--
``(i) improving the nutrition and health
status of participating households receiving
incentives under this subsection; and
``(ii) increasing fruit and vegetable
purchases in participating households.
``(B) Requirement.--The independent evaluation under
subparagraph (A) shall use rigorous methodologies
capable of producing scientifically valid information
regarding the effectiveness of a project.
``(C) Costs.--The Secretary may use funds not to
exceed 10 percent of the funding provided to carry out
this section to pay costs associated with administering,
monitoring, and evaluating each project.
``(c) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out subsection (b) $5,000,000 for
each of fiscal years 2014 through 2018.
``(2) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out
subsection (b)--
``(A) $35,000,000 for the period of fiscal years
2014 and 2015;
``(B) $20,000,000 for each of fiscal years 2016 and
2017; and
``(C) $25,000,000 for fiscal year 2018.''.
[[Page 128 STAT. 829]]
SEC. 4209. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.
Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7630 et seq.) is amended by adding at the
end the following:
``SEC. 413. <<NOTE: 7 USC 7633.>> FOOD AND AGRICULTURE SERVICE
LEARNING PROGRAM.
``(a) In General.--Subject to the availability of appropriations
under subsection (e), the Secretary, acting through the Director of the
National Institute of Food and Agriculture, and working in consultation
with other appropriate Federal agencies that oversee national service
programs, shall administer a competitively awarded food and agriculture
service learning grant program (referred to in this section as the
`Program') to increase knowledge of agriculture and improve the
nutritional health of children.
``(b) Purposes.--The purposes of the Program are--
``(1) to increase capacity for food, garden, and nutrition
education within host organizations or entities and school
cafeterias and in the classroom;
``(2) to complement and build on the efforts of the farm to
school programs implemented under section 18(g) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769(g));
``(3) to complement efforts by the Department and school
food authorities to implement the school lunch program
established under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773);
``(4) to carry out activities that advance the nutritional
health of children and nutrition education in elementary schools
and secondary schools (as those terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)); and
``(5) to foster higher levels of community engagement and
support the expansion of national service and volunteer
opportunities.
``(c) Grants.--
``(1) In general.--In carrying out the Program, the Director
of the National Institute of Food and Agriculture shall make
competitive grants to eligible entities that carry out the
purposes described in paragraphs (1) through (5) of subsection
(b).
``(2) Priorities.--In making grants under this section, the
Secretary may consider projects that are carried out by entities
that--
``(A) have a proven track record in carrying out the
purposes described in subsection (b);
``(B) work in underserved rural and urban
communities;
``(C) teach and engage children in experiential
learning about agriculture, gardening, nutrition,
cooking, and where food comes from; and
``(D) facilitate a connection between elementary
schools and secondary schools and agricultural producers
in the local and regional area.
``(d) Accountability.--
[[Page 128 STAT. 830]]
``(1) In general.--The Secretary may require a partner
organization or other qualified entity to collect and report any
data on the activities carried out under the Program, as
determined by the Secretary.
``(2) Evaluation.--The Secretary shall--
``(A) conduct regular evaluations of the activities
carried out under the Program; and
``(B) submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that includes a description of the results of
each evaluation conducted under subparagraph (A).
``(e) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out the Program $25,000,000, to
remain available until expended.
``(2) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)) shall apply with respect
to the making of a competitive grant under this section.
``(3) Maintenance of effort.--Funds made available under
paragraph (1) shall be used only to supplement, not to supplant,
the amount of Federal funding otherwise expended for nutrition,
research, and extension programs of the Department.''.
SEC. 4210. NUTRITION INFORMATION AND AWARENESS PILOT PROGRAM.
Section 4403 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3171 note; Public Law 107-171) is repealed.
SEC. 4211. TERMINATION OF EXISTING AGREEMENT.
Effective beginning on the date of the enactment of this Act, the
memorandum of understanding entered into on July 22, 2004, by the
Secretary of Agriculture of the United States Department of Agriculture
and the Secretary of Foreign Affairs of the Republic of Mexico and known
as the ``Partnership for Nutrition Assistance Initiative'' is null and
void.
SEC. 4212. REVIEW OF SOLE-SOURCE CONTRACTS IN FEDERAL NUTRITION
PROGRAMS.
(a) In General.--The Secretary shall conduct an evaluation of sole-
source contracts in Federal nutrition programs carried out by the
Secretary, and the effect the contracts have on program participation,
program goals, nonprogram consumers, retailers, and free market
dynamics.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes the
findings of the review conducted under subsection (a).
SEC. 4213. <<NOTE: 42 USC 1755b.>> PULSE CROP PRODUCTS.
(a) Purpose.--The purpose of this section is to encourage greater
awareness and interest in the number and variety of pulse crop products
available to schoolchildren, as recommended by the
[[Page 128 STAT. 831]]
most recent Dietary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341).
(b) Definitions.--In this section:
(1) Eligible pulse crop.--The term ``eligible pulse crop''
means dry beans, dry peas, lentils, and chickpeas.
(2) Pulse crop product.--The term ``pulse crop product''
means a food product derived in whole or in part from an
eligible pulse crop.
(c) Purchase of Pulse Crops and Pulse Crop Products.--In addition to
the commodities delivered under section 6 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755), subject to the availability
of appropriations, the Secretary shall purchase eligible pulse crops and
pulse crop products for use in--
(1) the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
and
(2) the school breakfast program established by section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(d) Evaluation.--Not later than September 30, 2016, the Secretary
shall conduct an evaluation of the activities conducted under subsection
(c), including--
(1) an evaluation of whether children participating in the
school lunch and breakfast programs described in subsection (c)
increased overall consumption of eligible pulse crops as a
result of the activities;
(2) an evaluation of which eligible pulse crops and pulse
crop products are most acceptable for use in the school lunch
and breakfast programs;
(3) any recommendations of the Secretary regarding the
integration of the use of pulse crop products in carrying out
the school lunch and breakfast programs;
(4) an evaluation of any change in the nutrient composition
in the school lunch and breakfast programs due to the
activities; and
(5) an evaluation of any other outcomes determined to be
appropriate by the Secretary.
(e) Report.--As soon as practicable after the completion of the
evaluation under subsection (d), the Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Education and the Workforce of the House of Representative
a report describing the results of the evaluation.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 4214. <<NOTE: 42 USC 1769a note.>> PILOT PROJECT FOR CANNED,
FROZEN, OR DRIED FRUITS AND VEGETABLES.
(a) In General.--Subject to subsection (b), in the 2014-2015 school
year, the Secretary shall carry out a pilot project in schools
participating in the Fresh Fruit and Vegetable Program under section 19
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a)
(referred to in this section as the ``Program''), in not less than 5
States, to evaluate the impact of allowing schools to offer canned,
frozen, or dried fruits and vegetables as part of the Program.
[[Page 128 STAT. 832]]
(b) Requirements.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish criteria for the
conditions under which canned, frozen, or dried fruits and vegetables
may be offered, which shall be in accordance with the most recent
Dietary Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C.
5341).
(c) Evaluation.--With respect to the pilot project, the Secretary
shall evaluate--
(1) the impacts on fruit and vegetable consumption at the
schools participating in the pilot project;
(2) the impacts of the pilot project on school participation
in the Program and operation of the Program;
(3) the implementation strategies used by the schools
participating in the pilot project;
(4) the acceptance of the pilot project by key stakeholders;
and
(5) such other outcomes as are determined by the Secretary.
(d) Reports.--
(1) Interim report.--Not later than January 1, 2015, the
Secretary shall submit to the Committee on Education and
Workforce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
describes the results of the evaluation under subsection (c).
(2) Final report.--On completion of the pilot project, the
Secretary shall submit to the Committee on Education and
Workforce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
describes the results of the evaluation under subsection (c).
(e) Notice of Availability.--As soon as practicable after the date
on which the Secretary establishes the criteria for the pilot project
under subsection (b), the Secretary shall notify potentially eligible
schools of the potential eligibility of the schools for participation in
the pilot project.
(f) Relationship to Fresh Fruit and Vegetable Program.--Nothing in
this section permits a school that is not a part of the pilot project to
offer anything other than fresh fruits and vegetables through the
Program.
(g) Funding.--The Secretary shall use $5,000,000 of amounts
otherwise made available to the Secretary to carry out this section.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5001. ELIGIBILITY FOR FARM OWNERSHIP LOANS.
(a) In General.--Section 302(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) In General.--
``(1) Eligibility requirements.--The'';
[[Page 128 STAT. 833]]
(2) in the first sentence, by striking ``and limited
liability companies'' and inserting ``limited liability
companies, and such other legal entities as the Secretary
considers appropriate,'';
(3) in the second sentence, by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D), respectively;
(4) in each of the second and third sentences, by striking
``and limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities'';
(5) in the third sentence--
(A) by striking ``clause (3)'' and inserting
``subparagraph (C)'';
(B) by striking ``clause (4)'' and inserting
``subparagraph (D)''; and
(6) by adding at the end the following:
``(2) Special rules.--
``(A) Eligibility of certain operating-only
entities.--An entity that is or will become only the
operator of a family farm shall be considered to meet
the owner-operator requirements of paragraph (1) if the
individuals that are the owners of the family farm own
more than 50 percent (or such other percentage as the
Secretary determines is appropriate) of the entity.
``(B) Eligibility of certain embedded entities.--An
entity that is an owner-operator described in paragraph
(1), or an operator described in subparagraph (A) of
this paragraph that is owned, in whole or in part, by
other entities, shall be considered to meet the direct
ownership requirement imposed under paragraph (1) if at
least 75 percent of the ownership interests of each
embedded entity of the entity is owned directly or
indirectly by the individuals that own the family
farm.''.
(b) Direct Farm Ownership Experience Requirement.--Section 302(b)(1)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)(1))
is amended in the matter preceding subparagraph (A) by inserting ``or
has other acceptable experience for a period of time, as determined by
the Secretary,'' after ``3 years''.
(c) Conforming Amendments.--
(1) Section 304(c)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(c)(2)) by striking ``paragraphs
(1) and (2) of section 302(a)'' and inserting ``subparagraphs
(A) and (B) of section 302(a)(1)''.
(2) Section 310D(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1934(a)) is amended in the second
sentence--
(A) by inserting after ``partnership'' the
following: ``, or such other legal entities as the
Secretary considers appropriate,''; and
(B) by striking ``or partners'' each place it
appears and inserting ``partners, or owners''.
SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
(a) Eligibility.--Section 304(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(c)) is amended by striking ``or limited
liability companies'' and inserting ``limited liability
[[Page 128 STAT. 834]]
companies, or such other legal entities as the Secretary considers
appropriate''.
(b) Limitations Applicable to Loan Guarantees.--Section 304(e) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(e)) is
amended by striking ``shall be 75 percent of the principal amount of the
loan.'' and inserting ``shall be--
``(1) 80 percent of the principal amount of the loan; or
``(2) in the case of a producer that is a qualified socially
disadvantaged farmer or rancher or a beginning farmer or
rancher, 90 percent of the principal amount of the loan.''.
(c) Extension of Program.--Section 304 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1924) is amended by striking subsection
(h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $150,000,000 for
each of fiscal years 2014 through 2018.''.
SEC. 5003. JOINT FINANCING ARRANGEMENTS.
Section 307(a)(3) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1927(a)(3)) is amended by striking subparagraph (D) and
inserting the following:
``(D) Joint financing arrangements.--If a direct
farm ownership loan is made under this subtitle as part
of a joint financing arrangement and the amount of the
direct farm ownership loan does not exceed 50 percent of
the total principal amount financed under the
arrangement, the interest rate on the direct farm
ownership loan shall be a rate equal to the greater of--
``(i) the difference between--
``(I) 2 percent; and
``(II) the interest rate for farm
ownership loans under this subtitle; or
``(ii) 2.5 percent.''.
SEC. 5004. ELIMINATION OF MINERAL RIGHTS APPRAISAL REQUIREMENT.
Section 307 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1927) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 5005. DOWN PAYMENT LOAN PROGRAM.
(a) In General.--Section 310E(b)(1)(C) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is amended by striking
``$500,000'' and inserting ``$667,000''.
(b) Technical Correction.--Section 310E(b) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1935(b)) is amended by striking
paragraph (2) (as added by section 7(a) of Public Law 102-554; 106 Stat.
4145).
Subtitle B--Operating Loans
SEC. 5101. ELIGIBILITY FOR FARM OPERATING LOANS.
Section 311(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941(a)) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
[[Page 128 STAT. 835]]
``(a) In General.--
``(1) Eligibility requirements.--The'';
(2) in the first sentence, by striking ``and limited
liability companies'' and inserting `` limited liability
companies, and such other legal entities as the Secretary
considers appropriate,'';
(3) in the second sentence, by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D), respectively;
(4) in each of the second and third sentences, by striking
``and limited liability companies'' each place it appears and
inserting ``limited liability companies, and such other legal
entities'';
(5) in the third sentence--
(A) by striking ``clause (3)'' and inserting
``subparagraph (C)''; and
(B) by striking ``clause (4)'' and inserting
``subparagraph (D)''; and
(6) by adding at the end the following:
``(2) Special rule.--An entity that is an operator described
in paragraph (1) that is owned, in whole or in part, by other
entities, shall be considered to meet the direct ownership
requirement imposed under paragraph (1) if at least 75 percent
of the ownership interests of each embedded entity of the entity
is owned directly or indirectly by the individuals that own the
family farm.''.
SEC. 5102. ELIMINATION OF RURAL RESIDENCY REQUIREMENT FOR
OPERATING LOANS TO YOUTH.
Section 311(b)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1941(b)(1)) is amended by striking ``who are rural
residents''.
SEC. 5103. DEFAULTS BY YOUTH LOAN BORROWERS.
Section 311(b) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941(b)) is amended by adding at the end the following:
``(5) Equitable considerations for default.--
``(A) Debt forgiveness.--
``(i) In general.--The Secretary may, on a
case-by-case basis, provide debt forgiveness to a
borrower for a loan made under this subsection if
the borrower was unable to timely repay the loan
due to circumstances beyond the control of the
borrower, as determined by the Secretary,
including any natural disaster, act of terrorism,
or other man-made disaster that results in an
inordinate level of damage or disruption severely
affecting the borrower.
``(ii) Eligibility for future loans.--
Notwithstanding any other provision of law, debt
forgiveness provided under this subparagraph shall
not be used by any Federal agency in determining
the eligibility of the borrower for any loan made
or guaranteed by the agency.
``(B) Education loans.--Notwithstanding any other
provision of law, if a borrower becomes delinquent or is
provided with debt forgiveness with respect to a youth
loan made under this subsection, the borrower shall not
become ineligible, as a result of the delinquency or
debt
[[Page 128 STAT. 836]]
forgiveness, to receive loans and loan guarantees from
the Federal Government to pay for education expenses of
the borrower.''.
SEC. 5104. TERM LIMITS ON DIRECT OPERATING LOANS.
Section 311(c) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941(c)) is amended by adding at the end the following:
``(5) Annual report on term limits on direct operating
loans.--
``(A) In general.--The Secretary shall prepare a
report annually that describes--
``(i) the status of the direct operating loan
program of the Department of Agriculture; and
``(ii) the impact of term limits on direct
loan borrowers.
``(B) Demographic information.--
``(i) In general.--The report shall provide a
demographic breakdown, on a State-by-State basis,
of--
``(I) all direct loan borrowers; and
``(II) borrowers that have reached
the eligibility limit for direct lending
programs during the previous calendar
year.
``(ii) Demographic information.--The available
demographic information shall include, to the
maximum extent practicable, a description of race
or ethnicity, gender, age, type of farm or ranch,
financial classification, number of years of
indebtedness, veteran status, and other similar
information, as determined by the Secretary.
``(C) Additional content.--In addition to
information described in subparagraph (B), the report
shall provide--
``(i) a demographic analysis of the borrowers
impacted by term limits;
``(ii) information on the conditions impacting
the direct lending portfolio of the Department of
Agriculture, including impacts by region and
agriculture sector, and credit availability within
those regions and sectors;
``(iii) to the maximum extent practicable,
information on the status of borrower operations
impacted by term limits; and
``(iv) recommendations, if appropriate, to
address any identifiable unmet credit needs.
``(D) Submission.--The Secretary shall--
``(i) annually submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a copy of the report; and
``(ii) make the report available to the
public, including posting the report on the
website of the Department of Agriculture.''.
SEC. 5105. VALUATION OF LOCAL OR REGIONAL CROPS.
Section 312 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1942) is amended by adding at the end the following:
``(e) Valuation of Local or Regional Crops.--
``(1) In general.--The Secretary shall develop ways to
determine unit prices (or other appropriate forms of valuation)
[[Page 128 STAT. 837]]
for crops and other agricultural products, the end use of which
is intended to be in locally or regionally produced agricultural
food products, to facilitate lending to local and regional food
producers.
``(2) Price history.--The Secretary shall implement a
mechanism for local and regional food producers to establish
price history for the crops and other agricultural products
produced by local and regional food producers.''.
SEC. 5106. MICROLOANS.
(a) In General.--Section 313 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943) is amended by adding at the end the
following:
``(c) Microloans.--
``(1) In general.--Subject to paragraph (2), the Secretary
may establish a program to make or guarantee microloans.
``(2) Limitations.--The Secretary shall not make or
guarantee a microloan under this subsection that would cause the
total principal indebtedness outstanding at any 1 time for
microloans made under this title to any 1 borrower to exceed
$50,000.
``(3) Applications.--To the maximum extent practicable, the
Secretary shall limit the administrative burdens and streamline
the application and approval process for microloans under this
subsection.
``(4) Cooperative lending pilot projects.--
``(A) In general.--Subject to subparagraph (B),
during each of the 2014 through 2018 fiscal years, the
Secretary may carry out a pilot project to make loans to
community development financial institutions, as the
Secretary determines appropriate--
``(i) to make or guarantee microloans
consistent with the terms provided under this
subsection; and
``(ii) to provide business, financial,
marketing, and credit management services to
microloan borrowers.
``(B) Requirements.--Prior to making a loan to an
institution described in subparagraph (A), the Secretary
shall--
``(i) review and approve--
``(I) the loan loss reserve fund for
microloans established by the
institution; and
``(II) the underwriting standards
for microloans of the institution; and
``(ii) establish such other requirements for
making a loan to the institution as the Secretary
determines necessary.
``(C) Eligibility.--To be eligible for a loan under
subparagraph (A), an institution described in
subparagraph (A) shall, as determined by the Secretary--
``(i) have the legal authority necessary to
carry out the actions described in subparagraph
(A);
``(ii) have a proven track record of
successfully assisting agricultural borrowers; and
``(iii) have the services of a staff with
appropriate loan making and servicing expertise.
``(D) Oversight.--Not less often than annually, on a
date determined by the Secretary, an institution that
has
[[Page 128 STAT. 838]]
a loan under this paragraph shall provide to the
Secretary such information as the Secretary may require
to ensure that the services provided by the institution
are serving the purposes of this subsection.
``(E) Limitation.--The Secretary shall not make more
than $10,000,000 in loans under this paragraph in any
fiscal year.''.
(b) Conforming Amendments.--
(1) Section 311(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1941(c)) is amended by striking
paragraph (2) and inserting the following:
``(2) Definition of direct operating loan.--In this
subsection, the term `direct operating loan' does not include--
``(A) a loan made to a youth under subsection (b);
or
``(B) a microloan made to a beginning farmer or
rancher or a veteran farmer or rancher (as defined in
section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e)).''.
(2) Section 312(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1942(a)) is amended in the matter
preceding paragraph (1) by inserting ``(including a microloan,
as defined by the Secretary)'' after ``A direct loan''.
(3) Section 316(a)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1946(a)(2)) is amended in the matter
preceding subparagraph (A) by inserting ``a microloan to a
beginning farmer or rancher or veteran farmer or rancher (as
defined in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)), or''
after ``The interest rate on''.
SEC. 5107. TERM LIMITS ON GUARANTEED OPERATING LOANS.
Section 319 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1949) is amended--
(1) in subsection (a), by striking ``(a) Graduation Plan.--
''; and
(2) by striking subsection (b).
Subtitle C--Emergency Loans
SEC. 5201. ELIGIBILITY FOR EMERGENCY LOANS.
Section 321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)) is amended--
(1) by striking ``owner-operators (in the case of loans for
a purpose under subtitle A) or operators (in the case of loans
for a purpose under subtitle B)'' each place it appears and
inserting ``(in the case of farm ownership loans in accordance
with subtitle A) owner-operators or operators, or (in the case
of loans for a purpose under subtitle B) operators'';
(2) in the first sentence--
(A) by inserting ``, or such other legal entities as
the Secretary considers appropriate'' after ``limited
liability companies'' the first place it appears;
(B) by inserting ``, or other legal entities'' after
``limited liability companies'' the second place it
appears; and
[[Page 128 STAT. 839]]
(C) by striking ``and limited liability companies,''
and inserting ``limited liability companies, and such
other legal entities'';
(3) in the second sentence, by striking ``ownership and
operator'' and inserting ``ownership or operator''; and
(4) by adding at the end the following: ``An entity that is
an owner-operator or operator described in this subsection shall
be considered to meet the direct ownership requirement imposed
under this subsection if at least 75 percent of the ownership
interests of each embedded entity of the entity is owned
directly or indirectly by the individuals that own the family
farm.''.
Subtitle D--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT
ACCOUNTS PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1983b(h)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 5302. FARMER LOAN PILOT PROJECTS.
Subtitle D of the Consolidated Farm and Rural Development Act is
amended by inserting after section 333C (7 U.S.C. 1983c) the following:
``SEC. 333D. <<NOTE: 7 USC 1983d.>> FARMER LOAN PILOT PROJECTS.
``(a) In General.--The Secretary may conduct pilot projects of
limited scope and duration that are consistent with subtitle A through
this subtitle to evaluate processes and techniques that may improve the
efficiency and effectiveness of the programs carried out under subtitle
A through this subtitle.
``(b) Notification.--The Secretary shall--
``(1) not less than 60 days before the date on which the
Secretary initiates a pilot project under subsection (a), submit
notice of the proposed pilot project to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate; and
``(2) consider any recommendations or feedback provided to
the Secretary in response to the notice provided under paragraph
(1).''.
SEC. 5303. DEFINITION OF QUALIFIED BEGINNING FARMER OR RANCHER.
(a) In General.--Section 343(a)(11) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)(11)) is amended in subparagraphs
(C) and (D)--
(1) by striking ``or joint operation,'' each place it
appears and inserting ``joint operation, or such other legal
entity as the Secretary considers appropriate,'';
(2) by striking ``or joint operators,'' each place it
appears and inserting ``joint operators, or owners,''; and
(3) in subparagraph (D), by striking ``corporation, has
stockholders,'' each place it appears in clauses (i)(II)(bb) and
(ii)(II)(bb) and inserting ``cooperative, corporation,
partnership, joint operation, or other such legal entity as the
Secretary
[[Page 128 STAT. 840]]
considers appropriate, has members, stockholders, partners, or
joint operators,''.
(b) Modification of Acreage Ownership Limitation.--Section
343(a)(11)(F) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)(11)(F)) is amended by striking ``median acreage'' and
inserting ``average acreage''.
SEC. 5304. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1994(b)(1)) is amended in the matter preceding subparagraph
(A) by striking ``2012'' and inserting ``2018''.
SEC. 5305. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended--
(1) by striking ``2012'' and inserting ``2018''; and
(2) by striking ``of the total amount''.
SEC. 5306. BORROWER TRAINING.
Section 359(c)(2) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2006a(c)(2)) is amended by striking ``section 302(a)(2) or
311(a)(2)'' and inserting ``section 302(a)(1)(B) or 311(a)(1)(B)''.
Subtitle E--Miscellaneous
SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS.
Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106)
is amended by striking ``2015'' and inserting ``2018''.
SEC. 5402. LOANS TO PURCHASERS OF HIGHLY FRACTIONATED LAND.
The first section of Public Law 91-229 (25 U.S.C. 488) is amended--
(1) in subsection (a), in the first sentence, by striking
``loans from'' and all that follows through ``1929)'' and
inserting ``direct loans in a manner consistent with direct
loans pursuant to subtitle D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981 et seq.)''; and
(2) in subsection (b)(1)--
(A) by striking ``pursuant to section 205(c) of the
Indian Land Consolidation Act (25 U.S.C. 2204(c))''; and
(B) by inserting ``or to intermediaries in order to
establish revolving loan funds for the purchase of
highly fractionated land under that section'' before the
period at the end.
SEC. 5403. <<NOTE: 25 USC 488a.>> REMOVAL OF DUPLICATIVE
APPRAISALS.
Notwithstanding any other law (including regulations), in making
loans under the first section of Public Law 91-229 (25 U.S.C. 488),
borrowers who are Indian tribes, members of Indian tribes, or tribal
corporations shall only be required to obtain 1 appraisal under an
appraisal standard recognized as of the date of enactment of this Act by
the Secretary or the Secretary of the Interior.
SEC. 5404. <<NOTE: 12 USC 2252 note.>> COMPENSATION DISCLOSURE BY
FARM CREDIT SYSTEM INSTITUTIONS.
(a) Findings.--Congress finds that --
[[Page 128 STAT. 841]]
(1) the reasonable disclosure to stockholders by Farm Credit
System institutions regarding the compensation of Farm Credit
System institution senior officers is beneficial to
stockholders' understanding of the operation of their
institutions;
(2) transparency regarding compensation practices reinforces
the cooperative nature of Farm Credit System institutions;
(3) the unique cooperative structure of the Farm Credit
System should be considered when promulgating rules;
(4) the participation of stockholders in the election of the
boards of directors of Farm Credit System institutions provides
stockholders the opportunity to participate in the management of
their institutions;
(5) as representatives of stockholders, the boards of
directors of Farm Credit System institutions importantly
establish and oversee the compensation practices of Farm Credit
System institutions to ensure the safe and sound operation of
those institutions; and
(6) any regulation should strengthen and not hinder the
ability of Farm Credit System boards of directors to oversee
compensation practices.
(b) Implementation.--Not later than 60 days after the date of
enactment of this Act, the Farm Credit Administration shall review its
rules to reflect Congressional intent that a primary responsibility of
the boards of directors of Farm Credit System institutions, as elected
representatives of their stockholders, is to oversee compensation
practices.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
SEC. 6001. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY GRANTS.
Section 306(a)(2)(B)(vii) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) is amended by striking
``2012'' and inserting ``2018''.
SEC. 6002. ELIMINATION OF RESERVATION OF COMMUNITY FACILITIES
GRANT PROGRAM FUNDS.
Section 306(a)(19) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(19)) is amended by striking subparagraph (C).
SEC. 6003. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)) is amended by striking paragraph (22) and inserting the
following:
``(22) Rural water and wastewater circuit rider program.--
``(A) In general.--The Secretary shall continue a
national rural water and wastewater circuit rider
program that--
[[Page 128 STAT. 842]]
``(i) is consistent with the activities and
results of the program conducted before the date
of enactment of this clause, as determined by the
Secretary; and
``(ii) receives funding from the Secretary,
acting through the Rural Utilities Service.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $20,000,000 for fiscal year 2014 and each
fiscal year thereafter.''.
SEC. 6004. USE OF LOAN GUARANTEES FOR COMMUNITY FACILITIES.
Section 306(a)(24) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(24)) is amended by adding at the end the
following:
``(C) Use of loan guarantees for community
facilities.--The Secretary shall consider the benefits
to communities that result from using loan guarantees in
carrying out the community facilities program and, to
the maximum extent practicable, use guarantees to
enhance community involvement.''.
SEC. 6005. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking ``2012'' and
inserting ``2018''.
SEC. 6006. ESSENTIAL COMMUNITY FACILITIES TECHNICAL ASSISTANCE AND
TRAINING.
Section 306(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)) is amended by adding at the end the following:
``(26) Essential community facilities technical assistance
and training.--
``(A) In general.--The Secretary may make grants to
public bodies and private nonprofit corporations (such
as States, counties, cities, townships, and incorporated
towns and villages, boroughs, authorities, districts,
and Indian tribes on Federal and State reservations)
that will serve rural areas for the purpose of enabling
the public bodies and private nonprofit corporations to
provide to associations described in paragraph (1)
technical assistance and training, with respect to
essential community facilities programs authorized under
this subsection--
``(i) to assist communities in identifying and
planning for community facility needs;
``(ii) to identify public and private
resources to finance community facility needs;
``(iii) to prepare reports and surveys
necessary to request financial assistance to
develop community facilities;
``(iv) to prepare applications for financial
assistance;
``(v) to improve the management, including
financial management, related to the operation of
community facilities; or
``(vi) to assist with other areas of need
identified by the Secretary.
[[Page 128 STAT. 843]]
``(B) Selection priority.--In selecting recipients
of grants under this paragraph, the Secretary shall give
priority to private, nonprofit, or public organizations
that have experience in providing technical assistance
and training to rural entities.
``(C) Funding.--Not less than 3 nor more than 5
percent of any funds appropriated to carry out each of
the essential community facilities grant, loan and loan
guarantee programs as authorized under this subsection
for a fiscal year shall be reserved for grants under
this paragraph.''.
SEC. 6007. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
Section 306A(i)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926a(i)(2)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 6008. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
Section 306D(d)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926d(d)(1)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 6009. HOUSEHOLD WATER WELL SYSTEMS.
Section 306E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926e(d)) is amended by striking ``$10,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$5,000,000 for each of
fiscal years 2014 through 2018''.
SEC. 6010. RURAL BUSINESS AND INDUSTRY LOAN PROGRAM.
(a) In General.--Section 310B(a)(2)(A) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(a)(2)(A)) is amended by inserting
``(including through the financing of working capital)'' after
``employment''.
(b) Greater Flexibility for Adequate Collateral Through Accounts
Receivable.--Section 310B(g)(7) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(7)) is amended--
(1) by striking ``In determining'' and inserting the
following:
``(A) In general.--In determining''; and
(2) by adding at the end the following:
``(B) Accounts receivable.--In the discretion of the
Secretary, if the Secretary determines that the action
would not create or otherwise contribute to an
unreasonable risk of default or loss to the Federal
Government, the Secretary may take accounts receivable
as security for the obligations entered into in
connection with loans and a borrower may use accounts
receivable as collateral to secure a loan made or
guaranteed under this subsection.''.
(c) <<NOTE: 7 USC 1932 note.>> Regulations.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
promulgate such regulations as are necessary to implement the amendments
made by this section.
SEC. 6011. SOLID WASTE MANAGEMENT GRANTS.
Section 310B(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(b)) is amended--
[[Page 128 STAT. 844]]
(1) by striking ``The Secretary'' and by inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2014 through 2018.''.
SEC. 6012. RURAL BUSINESS DEVELOPMENT GRANTS.
(a) In General.--Section 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932) is amended by striking subsection (c)
and inserting the following:
``(c) Rural Business Development Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to eligible entities described in paragraph (2) in
rural areas that primarily serve rural areas for purposes
described in paragraph (3).
``(2) Eligible entities.--The Secretary may make grants
under this subsection to--
``(A) governmental entities;
``(B) Indian tribes; and
``(C) nonprofit entities.
``(3) Eligible purposes for grants.--Eligible entities that
receive grants under this subsection may use the grant funds
for--
``(A) business opportunity projects that--
``(i) identify and analyze business
opportunities;
``(ii) identify, train, and provide technical
assistance to existing or prospective rural
entrepreneurs and managers;
``(iii) assist in the establishment of new
rural businesses and the maintenance of existing
businesses, including through business support
centers;
``(iv) conduct regional, community, and local
economic development planning and coordination,
and leadership development; and
``(v) establish centers for training,
technology, and trade that will provide training
to rural businesses in the use of interactive
communications technologies to develop
international trade opportunities and markets; and
``(B) projects that support the development of
business enterprises that finance or facilitate--
``(i) the development of small and emerging
private business enterprise;
``(ii) the establishment, expansion, and
operation of rural distance learning networks;
``(iii) the development of rural learning
programs that provide educational instruction or
job training instruction related to potential
employment or job advancement to adult students;
and
``(iv) the provision of technical assistance
and training to rural communities for the purpose
of improving passenger transportation services or
facilities.
``(4) Authorization of appropriations.--
[[Page 128 STAT. 845]]
``(A) In general.--There is authorized to be
appropriated to the Secretary to carry out this
subsection $65,000,000 for each of fiscal years 2014
through 2018, to remain available until expended.
``(B) Allocation.--Of the funds made available under
subparagraph (A) for a fiscal year, not more than 10
percent shall be used for the purposes described in
paragraph (3)(A).''.
(b) Conforming Amendment.--Section 306(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)) is amended by striking
paragraph (11).
SEC. 6013. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(e)) is amended--
(1) by redesignating paragraph (12) as paragraph (13);
(2) by inserting after paragraph (11) the following:
``(12) Interagency working group.--Not later than 90 days
after the date of enactment of the Agricultural Act of 2014, the
Secretary shall coordinate and chair an interagency working
group to foster cooperative development and ensure coordination
with Federal agencies and national and local cooperative
organizations that have cooperative programs and interests.'';
and
(3) in paragraph (13) (as so redesignated), by striking
``$50,000,000 for each of fiscal years 2008 through 2012'' and
inserting ``$40,000,000 for each of fiscal years 2014 through
2018''.
SEC. 6014. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD
PRODUCTS.
Section 310B(g)(9)(B)(v)(I) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(B)(v)(I)) is amended by striking
``2012'' and inserting ``2018''.
SEC. 6015. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS
PROGRAM.
Section 310B(i)(4) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(i)(4)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 6016. RURAL ECONOMIC AREA PARTNERSHIP ZONES.
Section 310B(j) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(j)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 6017. INTERMEDIARY RELENDING PROGRAM.
(a) In General.--Subtitle A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922 et seq.) is amended by adding at the end
the following:
``SEC. 310H. <<NOTE: 7 USC 1936b.>> INTERMEDIARY RELENDING
PROGRAM.
``(a) In General.--The Secretary may make or guarantee loans to
eligible entities described in subsection (b) so that the eligible
entities may relend the funds to individuals and entities for the
purposes described in subsection (c).
``(b) Eligible Entities.--Entities eligible for loans and loan
guarantees described in subsection (a) are--
``(1) public agencies;
[[Page 128 STAT. 846]]
``(2) Indian tribes;
``(3) cooperatives; and
``(4) nonprofit corporations.
``(c) Eligible Purposes.--The proceeds from loans made or guaranteed
by the Secretary pursuant to subsection (a) may be relent by eligible
entities for projects that--
``(1) predominately serve communities in rural areas; and
``(2) as determined by the Secretary--
``(A) promote community development;
``(B) establish new businesses;
``(C) establish and support microlending programs;
and
``(D) create or retain employment opportunities.
``(d) Limitation.--The Secretary shall not make loans under section
623(a) of the Community Economic Development Act of 1981 (42 U.S.C.
9812(a)).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subsection $25,000,000 for each of fiscal
years 2014 through 2018.''.
(b) Conforming Amendments.--Section 1323(b)(2) of the Food Security
Act of 1985 (Public Law 99-198; 7 U.S.C. 1932 note) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``; and'' and inserting
a period; and
(3) by striking subparagraph (C).
SEC. 6018. RURAL COLLEGE COORDINATED STRATEGY.
Section 331 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981) is amended by adding at the end the following:
``(d) Rural College Coordinated Strategy.--
``(1) In general.--The Secretary shall develop a coordinated
strategy across the relevant programs within the Rural
Development mission areas to serve the specific, local needs of
rural communities when making investments in rural community
colleges and technical colleges through other authorities in
effect on the date of enactment of this subsection.
``(2) Consultation.--In developing a coordinated strategy,
the Secretary shall consult with groups representing rural-
serving community colleges and technical colleges to coordinate
critical investments in rural community colleges and technical
colleges involved in workforce training.
``(3) Administration.--Nothing in this subsection provides a
priority for funding under authorities in effect on the date of
enactment of this subsection.
``(4) Use.--The Secretary shall use the coordinated strategy
and information developed for the strategy to more effectively
serve rural communities with respect to investments in community
colleges and technical colleges.''.
SEC. 6019. RURAL WATER AND WASTE DISPOSAL INFRASTRUCTURE.
Section 333 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983) is amended--
(1) in the matter preceding paragraph (1), by striking
``require'';
(2) in paragraph (1), by inserting ``require'' after
``(1)'';
(3) in paragraph (2), by inserting ``, require'' after
``314'';
(4) in paragraph (3), by inserting ``require'' after
``loans,'';
(5) in paragraph (4)--
[[Page 128 STAT. 847]]
(A) by inserting ``require'' after ``(4)''; and
(B) by striking ``and'' after the semicolon;
(6) in paragraph (5)--
(A) by inserting ``require'' after ``(5)''; and
(B) by striking the period at the end and inserting
``; and''; and
(7) by adding at the end the following:
``(6) in the case of water and waste disposal direct and
guaranteed loans provided under section 306, encourage, to the
maximum extent practicable, private or cooperative lenders to
finance rural water and waste disposal facilities by--
``(A) maximizing the use of loan guarantees to
finance eligible projects in rural communities in which
the population exceeds 5,500;
``(B) maximizing the use of direct loans to finance
eligible projects in rural communities if the impact on
ratepayers will be material when compared to financing
with a loan guarantee;
``(C) establishing and applying a materiality
standard when determining the difference in impact on
ratepayers between a direct loan and a loan guarantee;
``(D) in the case of projects that require interim
financing in excess of $500,000, requiring that the
projects initially seek the financing from private or
cooperative lenders; and
``(E) determining if an existing direct loan
borrower can refinance with a private or cooperative
lender, including with a loan guarantee, prior to
providing a new direct loan.''.
SEC. 6020. SIMPLIFIED APPLICATIONS.
(a) In General.--Section 333A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a) is amended by adding at the end the
following:
``(h) Simplified Application Forms.--Except as provided in
subsection (g)(2), the Secretary shall, to the maximum extent
practicable, develop a simplified application process, including a
single page application if practicable, for grants and relending
authorized under sections 306, 306C, 306D, 306E, 310B(b), 310B(c),
310B(e), 310B(f), 310H, 379B, and 379E.''.
(b) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
contains an evaluation of the implementation of the amendment made by
subsection (a).
SEC. 6021. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008m) is amended--
(1) in subsection (g)(1), by striking ``2012'' and inserting
``2018''; and
(2) in subsection (h), by striking ``2012'' and inserting
``2018''.
[[Page 128 STAT. 848]]
SEC. 6022. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008p(d)) is amended by striking subsection (d) and inserting
the following:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2014 through 2018.''.
SEC. 6023. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008s(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) $3,000,000 for each of fiscal years 2014
through 2018.''; and
(2) in paragraph (2), by striking ``2012'' and inserting
``2018''.
SEC. 6024. HEALTH CARE SERVICES.
Section 379G(e) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008u(e)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 6025. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 379H. <<NOTE: 7 USC 2008v.>> STRATEGIC ECONOMIC AND
COMMUNITY DEVELOPMENT.
``(a) In General.--In the case of any rural development program
described in subsection (d)(2), the Secretary may give priority to an
application for a project that, as determined and approved by the
Secretary--
``(1) meets the applicable eligibility requirements of this
title;
``(2) will be carried out solely in a rural area; and
``(3) supports strategic community and economic development
plans on a multijurisdictional basis.
``(b) Rural Area.--For purposes of subsection (a)(2), the Secretary
shall consider an application to be for a project that will be carried
out solely in a rural area only if--
``(1) in the case of an application for a project in the
rural community facilities category described in subsection
(d)(2)(A), the project will be carried out in a rural area
described in section 343(a)(13)(C);
``(2) in the case of an application for a project in the
rural utilities category described in subsection (d)(2)(B), the
project will be carried out in a rural area described in section
343(a)(13)(B); and
``(3) in the case of an application for a project in the
rural business and cooperative development category described in
subsection (d)(2)(C), the project will be carried out in a rural
area described in section 343(a)(13)(A).
``(c) Evaluation.--
[[Page 128 STAT. 849]]
``(1) In general.--In evaluating strategic applications, the
Secretary shall give a higher priority to strategic applications
for a plan described in subsection (a) that demonstrates to the
Secretary--
``(A) the plan was developed through the
collaboration of multiple stakeholders in the service
area of the plan, including the participation of
combinations of stakeholders such as State, local, and
tribal governments, nonprofit institutions, institutions
of higher education, and private entities;
``(B) an understanding of the applicable regional
resources that could support the plan, including natural
resources, human resources, infrastructure, and
financial resources;
``(C) investment from other Federal agencies;
``(D) investment from philanthropic organizations;
and
``(E) clear objectives for the plan and the ability
to establish measurable performance measures and to
track progress toward meeting the objectives.
``(2) Consistency with plans.--Applications involving State,
county, municipal, or tribal governments shall include an
indication of consistency with an adopted regional economic or
community development plan.
``(d) Funds.--
``(1) In general.--Subject to paragraph (3) and subsection
(e), the Secretary may reserve for projects that support
multijurisdictional strategic community and economic development
plans described in subsection (a) an amount that does not exceed
10 percent of the funds made available for a fiscal year for a
functional category described in paragraph (2).
``(2) Functional categories.--The functional categories
described in this subsection are the following:
``(A) Rural community facilities category.--The
rural community facilities category consists of all
amounts made available for community facility grants and
direct and guaranteed loans under paragraph (1), (19),
(20), (21), (24), or (25) of section 306(a).
``(B) Rural utilities category.--The rural utilities
category consists of all amounts made available for--
``(i) water or waste disposal grants or direct
or guaranteed loans under paragraph (1), (2), or
(24) of section 306(a);
``(ii) rural water or wastewater technical
assistance and training grants under section
306(a)(14);
``(iii) emergency community water assistance
grants under section 306A; or
``(iv) solid waste management grants under
section 310B(b).
``(C) Rural business and cooperative development
category.--The rural business and cooperative
development category consists of all amounts made
available for--
``(i) business and industry direct and
guaranteed loans under section 310B(a)(2)(A); or
``(ii) rural business development grants under
section 310B(c).
[[Page 128 STAT. 850]]
``(3) Period.--The reservation of funds described in
paragraph (2) may only extend through June 30 of the fiscal year
in which the funds were first made available.
``(e) Approved Applications.--
``(1) In general.--Any applicant who submitted a rural
development application that was approved before the date of
enactment of this section may amend the application to qualify
for the funds reserved under subsection (d)(1).
``(2) Rural utilities.--Any rural development application
authorized under section 306(a)(2), 306(a)(14), 306(a)(24),
306A, or 310B(b) and approved by the Secretary before the date
of enactment of this section shall be eligible for the funds
reserved under subsection (d)(1) on the same basis as the
applications submitted under this section until September 30,
2016.''.
SEC. 6026. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12(a)) is
amended by striking ``2012'' and inserting ``2018''.
(b) Termination of Authority.--Section 382N of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009aa-13) is amended by striking
``2012'' and inserting ``2018''.
SEC. 6027. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
(a) Audit.--Section 383L(c) of the Consolidated Farm and Rural
Development Ac (7 U.S.C. 2009bb-10(c)) is amended by inserting ``for any
fiscal year for which funds are appropriated'' after ``annual basis''.
(b) Authorization of Appropriations.--Section 383N(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-12(a)) is
amended by striking ``2012'' and inserting ``2018''.
(c) Termination of Authority.--Section 383O of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009bb-13) is amended by striking
``2012'' and inserting ``2018''.
SEC. 6028. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-18) is amended by striking ``$50,000,000 for the period of
fiscal years 2008 through 2012'' and inserting ``$20,000,000 for each of
fiscal years 2014 through 2018''.
Subtitle B--Rural Electrification Act of 1936
SEC. 6101. FEES FOR CERTAIN LOAN GUARANTEES.
The Rural Electrification Act of 1936 is amended by inserting after
section 4 (7 U.S.C. 904) the following:
``SEC. 5. <<NOTE: 7 USC 905.>> FEES FOR CERTAIN LOAN GUARANTEES.
``(a) In General.--For electrification baseload generation loan
guarantees, the Secretary shall, at the request of the borrower, charge
an upfront fee to cover the costs of the loan guarantee.
``(b) Fee.--The fee described in subsection (a) for a loan guarantee
shall be equal to the costs of the loan guarantee (within the meaning of
section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C))).
[[Page 128 STAT. 851]]
``(c) Limitation.--Funds received from a borrower to pay the fee
described in this section shall not be derived from a loan or other debt
obligation that is made or guaranteed by the Federal Government.''.
SEC. 6102. GUARANTEES FOR BONDS AND NOTES ISSUED FOR
ELECTRIFICATION OR TELEPHONE PURPOSES.
Section 313A(f) of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1(f)) is amended by striking ``2012'' and inserting ``2018''.
SEC. 6103. EXPANSION OF 911 ACCESS.
Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C.
940e(d)) is amended by striking ``2012'' and inserting ``2018''.
SEC. 6104. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN
RURAL AREAS.
(a) In General.--Section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb) is amended--
(1) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Priority.--In making loans or loan guarantees under
paragraph (1), the Secretary shall--
``(A) establish not less than 2 evaluation periods
for each fiscal year to compare loan and loan guarantee
applications and to prioritize loans and loan guarantees
to all or part of rural communities that do not have
residential broadband service that meets the minimum
acceptable level of broadband service established under
subsection (e);
``(B) give the highest priority to applicants that
offer to provide broadband service to the greatest
proportion of unserved households or households that do
not have residential broadband service that meets the
minimum acceptable level of broadband service
established under subsection (e), as--
``(i) certified by the affected community,
city, county, or designee; or
``(ii) demonstrated on--
``(I) the broadband map of the
affected State if the map contains
address-level data; or
``(II) the National Broadband Map if
address-level data is unavailable; and
``(C) provide equal consideration to all qualified
applicants, including applicants that have not
previously received loans or loan guarantees under
paragraph (1); and
``(D) give priority to applicants that offer in the
applications of the applicants to provide broadband
service not predominantly for business service, if at
least 25 percent of the customers in the proposed
service territory are commercial interests.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by striking clause (i) and
inserting the following:
``(i) demonstrate the ability to furnish,
improve in order to meet the minimum acceptable
level of broadband service established under
subsection (e), or extend broadband service to all
or part of an unserved
[[Page 128 STAT. 852]]
rural area or an area below the minimum acceptable
level of broadband service established under
subsection (e);'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) not less than 15 percent of the
households in the proposed service territory are
unserved or have service levels below the minimum
acceptable level of broadband service established
under subsection (e); and'';
(ii) in the heading of subparagraph (B), by
striking ``25''; and
(iii) in subparagraph (C)--
(I) in the subparagraph heading, by
striking ``3 or more''; and
(II) by striking clause (i) and
inserting the following:
``(i) In general.--Except as provided in
clause (ii), subparagraph (A)(ii) shall not apply
to an incumbent service provider in the portion of
a proposed service territory in which the provider
is upgrading broadband service to meet the minimum
acceptable level of broadband service established
under subsection (e) for the existing territory of
the incumbent service provider.'';
(C) in paragraph (3)(B), by adding at the end the
following:
``(iii) Information.--Information submitted
under this subparagraph shall be--
``(I) certified by the affected
community, city, county, or designee; or
``(II) demonstrated on--
``(aa) the broadband map of
the affected State if the map
contains address-level data; or
``(bb) the National
Broadband Map if address-level
data is unavailable.'';
(D) by striking paragraph (5) and inserting the
following:
``(5) Notice requirements.--The Secretary shall promptly
provide a fully searchable database on the website of the Rural
Utilities Service that contains, at a minimum--
``(A) notice of each application for a loan or loan
guarantee under this section describing the application,
including--
``(i) the identity of the applicant;
``(ii) a description of each application,
including--
``(I) each area proposed to be
served by the applicant; and
``(II) the amount and type of
support requested by each applicant;
``(iii) the status of each application;
``(iv) the estimated number and proportion
relative to the service territory of households
without terrestrial-based broadband service in
those areas; and
[[Page 128 STAT. 853]]
``(v) a list of the census block groups or
proposed service territory, in a manner specified
by the Secretary, that the applicant proposes to
service;
``(B) notice of each entity receiving assistance
under this section, including--
``(i) the name of the entity;
``(ii) the type of assistance being received;
``(iii) the purpose for which the entity is
receiving the assistance;
``(iv) each semiannual report submitted under
paragraph (8)(A) (redacted to protect any
proprietary information in the report); and
``(C) such other information as is sufficient to
allow the public to understand assistance provided under
this section.'';
(E) by adding at the end the following:
``(8) Reporting.--
``(A) In general.--The Secretary shall require any
entity receiving assistance under this section to submit
a semiannual report for 3 years after completion of the
project, in a format specified by the Secretary, that
describes--
``(i) the use by the entity of the assistance,
including new equipment and capacity enhancements
that support high-speed broadband access for
educational institutions, health care providers,
and public safety service providers (including the
estimated number of end users who are currently
using or forecasted to use the new or upgraded
infrastructure); and
``(ii) the progress towards fulfilling the
objectives for which the assistance was granted,
including--
``(I) the number and location of
residences and businesses that will
receive new broadband service, existing
network service improvements, and
facility upgrades resulting from the
Federal assistance;
``(II) the speed of broadband
service;
``(III) the average price of
broadband service in a proposed service
area;
``(IV) any changes in broadband
service adoption rates, including new
subscribers generated from demand-side
projects; and
``(V) any metrics the Secretary
determines to be appropriate;
``(B) Additional reporting.--The Secretary may
require any additional reporting and information by any
recipient of any assistance under this section so as to
ensure compliance with this section.
``(9) Default and deobligation.--In addition to other
authority under applicable law, the Secretary shall establish
written procedures for all broadband programs administered by
the Rural Utilities Service under this or any other Act that, to
the maximum extent practicable--
``(A) recover funds from loan defaults;
``(B) deobligate any awards, less allowable costs
that demonstrate an insufficient level of performance
(including
[[Page 128 STAT. 854]]
metrics determined by the Secretary) or fraudulent
spending, to the extent funds with respect to the award
are available in the account relating to the program
established by this section;
``(C) award those funds, on a competitive basis, to
new or existing applicants consistent with this section;
and
``(D) minimize overlap among the programs.
``(10) Service area assessment.--The Secretary shall, with
respect to an application for assistance under this section--
``(A) provide not less than 15 days for broadband
service providers to voluntarily submit information
concerning the broadband services that the providers
offer in the census block groups or tracts described in
paragraph (5)(A)(v) so that the Secretary may assess
whether the applications submitted meet the eligibility
requirements under this section; and
``(B) if no broadband service provider submits
information under subparagraph (A), consider the number
of providers in the census block group or tract to be
established by using--
``(i) the most current National Broadband Map
of the National Telecommunications and Information
Administration; or
``(ii) any other data regarding the
availability of broadband service that the
Secretary may collect or obtain through reasonable
efforts.'';
(3) in subsection (e)--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Subject to paragraph (2), for purposes of
this section, the minimum acceptable level of broadband service
for a rural area shall be at least--
``(A) a 4-Mbps downstream transmission capacity; and
``(B) a 1-Mbps upstream transmission capacity.
``(2) Adjustments.--
``(A) In general.--At least once every 2 years, the
Secretary shall review, and may adjust through notice
published in the Federal Register, the minimum
acceptable level of broadband service established under
paragraph (1) to ensure that high quality, cost-
effective broadband service is provided to rural areas
over time.
``(B) Considerations.--In making an adjustment to
the minimum acceptable level of broadband service under
subparagraph (A), the Secretary may consider
establishing different transmission rates for fixed
broadband service and mobile broadband service.'';
(4) in subsection (g), by striking paragraph (2) and
inserting the following:
``(2) Terms.--In determining the term and conditions of a
loan or loan guarantee, the Secretary may--
``(A) consider whether the recipient is or would be
serving an area that is unserved or has service levels
[[Page 128 STAT. 855]]
below the minimum acceptable level of broadband service
established under subsection (e); and
``(B) if the Secretary makes a determination in the
affirmative under subparagraph (A), establish a limited
initial deferral period or comparable terms necessary to
achieve the financial feasibility and long-term
sustainability of the project.'';
(5) in subsection (j)--
(A) in paragraph (1), by inserting ``, including any
loan terms or conditions for which the Secretary
provided additional assistance to unserved areas''
before the semicolon at the end;
(B) in paragraph (5), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(7) the overall progress towards fulfilling the goal of
improving the quality of rural life by expanding rural broadband
access, as demonstrated by metrics, including--
``(A) the number of residences and businesses
receiving new broadband services;
``(B) network improvements, including facility
upgrades and equipment purchases;
``(C) average broadband speeds and prices on a local
and statewide basis;
``(D) any changes in broadband adoption rates; and
``(E) any specific activities that increased high
speed broadband access for educational institutions,
health care providers, and public safety service
providers.''; and
(6) in subsections (k)(1) and (l), by striking ``2012'' each
place it appears and inserting ``2018''.
(b) Study on Providing Effective Data for National Broadband Map.--.
(1) In general.--The Secretary, in consultation with the
Secretary of Commerce and the Chairman of the Federal
Communications Commission, shall conduct a study of the ways
that data collected under the broadband programs of the
Secretary of Agriculture could be most effectively shared with
the Commission to support the development and maintenance of the
National Broadband Map by the Commission.
(2) Inclusions.--The study shall include a consideration of
the circumstances under which address-level data could be
collected by the Secretary and appropriately shared with the
Commission.
(3) Completion.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete the study
required under this subsection.
(4) Report.--Not later than 60 days after the date of
completion of the study, the Secretary shall submit a report
describing the results of the study to--
(A) the Committee on Agriculture of the House of
Representatives;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
[[Page 128 STAT. 856]]
(D) the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 6105. RURAL GIGABIT NETWORK PILOT PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et
seq.) is amended by adding at the end the following:
``SEC. 603. <<NOTE: 7 USC 950bb-2.>> RURAL GIGABIT NETWORK PILOT
PROGRAM.
``(a) Definition of Ultra-High Speed Service.--In this section, the
term `ultra-high speed service' means broadband service operating at a 1
gigabit per second downstream transmission capacity.
``(b) Pilot Program.--The Secretary shall establish a pilot program
to be known as the `Rural Gigabit Network Pilot Program', under which
the Secretary may, at the discretion of the Secretary, provide grants,
loans, or loan guarantees to eligible entities.
``(c) Eligibility.--
``(1) In general.--To be eligible to obtain assistance under
this section, an entity shall--
``(A) demonstrate to the Secretary the ability to
furnish or extend ultra-high speed service to a rural
area;
``(B) submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require;
``(C) not already provide ultra-high speed service
to a rural area within any State in the proposed service
territory; and
``(D) agree to complete buildout of ultra-high speed
service by not later than 3 years after the initial date
on which assistance under this section is made
available.
``(2) Eligible projects.--Assistance under this section may
only be used to carry out a project in a proposed service
territory if--
``(A) the proposed service territory is a rural
area; and
``(B) ultra-high speed service is not provided in
any part of the proposed service territory.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2014 through 2018.''.
Subtitle C--Miscellaneous
SEC. 6201. DISTANCE LEARNING AND TELEMEDICINE.
(a) Authorization of Appropriations.--Section 2335A of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is
amended by striking ``$100,000,000 for each of fiscal years 1996 through
2012'' and inserting ``$75,000,000 for each of fiscal years 2014 through
2018''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note) is amended by striking ``2012'' and inserting
``2018''.
SEC. 6202. AGRICULTURAL TRANSPORTATION.
Section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622(j)) is amended by striking ``the Interstate Commerce
[[Page 128 STAT. 857]]
Commission, the Maritime Commission,,'' and inserting ``the Surface
Transportation Board, the Federal Maritime Commission,''.
SEC. 6203. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT
GRANTS.
Section 231(b) of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1632a(b)) is amended--
(1) by striking paragraph (6) and inserting the following:
``(6) Priority.--
``(A) Eligible independent producers of value-added
agricultural products.--In awarding grants under
paragraph (1)(A), the Secretary shall give priority to--
``(i) operators of small- and medium-sized
farms and ranches that are structured as family
farms;
``(ii) beginning farmers or ranchers;
``(iii) socially disadvantaged farmers or
ranchers; and
``(iv) veteran farmers or ranchers (as defined
in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))).
``(B) Eligible agricultural producer groups, farmer
or rancher cooperatives, and majority-controlled
producer-based business venture.--In awarding grants
under paragraph (1)(B), the Secretary shall give
priority to projects (including farmer or rancher
cooperative projects) that best contribute to creating
or increasing marketing opportunities for operators,
farmers, and ranchers described in subparagraph (A).'';
and
(2) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``On October 1, 2008,'' and
inserting ``On the date of enactment of the
Agricultural Act of 2014,''; and
(ii) by striking ``$15,000,000'' and inserting
``$63,000,000''; and
(B) in subparagraph (B), by striking ``2012'' and
inserting ``2018''.
SEC. 6204. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402(i) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1632b(i)) is amended by striking ``$6,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$1,000,000 for each of
fiscal years 2014 through 2018''.
SEC. 6205. RURAL ENERGY SAVINGS PROGRAM.
Subtitle E of title VI of the Farm Security and Rural Investment Act
of 2002 (Public Law 107-171; 116 Stat. 424) is amended by adding at the
end the following:
``SEC. 6407. <<NOTE: 7 USC 8107a.>> RURAL ENERGY SAVINGS PROGRAM.
``(a) Purpose.--The purpose of this section is to help rural
families and small businesses achieve cost savings by providing loans to
qualified consumers to implement durable cost-effective energy
efficiency measures.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
[[Page 128 STAT. 858]]
``(A) any public power district, public utility
district, or similar entity, or any electric cooperative
described in section 501(c)(12) or 1381(a)(2) of the
Internal Revenue Code of 1986, that borrowed and repaid,
prepaid, or is paying an electric loan made or
guaranteed by the Rural Utilities Service (or any
predecessor agency);
``(B) any entity primarily owned or controlled by 1
or more entities described in subparagraph (A); or
``(C) any other entity that is an eligible borrower
of the Rural Utilities Service, as determined under
section 1710.101 of title 7, Code of Federal Regulations
(or a successor regulation).
``(2) Energy efficiency measures.--The term `energy
efficiency measures' means, for or at property served by an
eligible entity, structural improvements and investments in
cost-effective, commercial technologies to increase energy
efficiency.
``(3) Qualified consumer.--The term `qualified consumer'
means a consumer served by an eligible entity that has the
ability to repay a loan made under subsection (d), as determined
by the eligible entity.
``(4) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Administrator of the Rural
Utilities Service.
``(c) Loans to Eligible Entities.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall make loans to eligible entities that agree to use the loan
funds to make loans to qualified consumers for the purpose of
implementing energy efficiency measures.
``(2) Requirements.--
``(A) In general.--As a condition of receiving a
loan under this subsection, an eligible entity shall--
``(i) establish a list of energy efficiency
measures that is expected to decrease energy use
or costs of qualified consumers;
``(ii) prepare an implementation plan for use
of the loan funds, including use of any interest
to be received pursuant to subsection (d)(1)(A);
``(iii) provide for appropriate measurement
and verification to ensure--
``(I) the effectiveness of the
energy efficiency loans made by the
eligible entity; and
``(II) that there is no conflict of
interest in carrying out this section;
and
``(iv) demonstrate expertise in effective use
of energy efficiency measures at an appropriate
scale.
``(B) Revision of list of energy efficiency
measures.--Subject to the approval of the Secretary, an
eligible entity may update the list required under
subparagraph (A)(i) to account for newly available
efficiency technologies.
``(C) Existing energy efficiency programs.--An
eligible entity that, at any time before the date that
is 60 days after the date of enactment of this section,
has established an energy efficiency program for
qualified consumers may use an existing list of energy
efficiency measures, implementation plan, or measurement
and verification system of that program to satisfy the
requirements of subparagraph (A) if the Secretary
determines
[[Page 128 STAT. 859]]
the list, plan, or systems are consistent with the
purposes of this section.
``(3) No interest.--A loan under this subsection shall bear
no interest.
``(4) Repayment.--With respect to a loan under paragraph
(1)--
``(A) the term shall not exceed 20 years from the
date on which the loan is closed; and
``(B) except as provided in paragraph (6), the
repayment of each advance shall be amortized for a
period not to exceed 10 years.
``(5) Amount of advances.--Any advance of loan funds to an
eligible entity in any single year shall not exceed 50 percent
of the approved loan amount.
``(6) Special advance for start-up activities.--
``(A) In general.--In order to assist an eligible
entity in defraying the appropriate start-up costs (as
determined by the Secretary) of establishing new
programs or modifying existing programs to carry out
subsection (d), the Secretary shall allow an eligible
entity to request a special advance.
``(B) Amount.--No eligible entity may receive a
special advance under this paragraph for an amount that
is greater than 4 percent of the loan amount received by
the eligible entity under paragraph (1).
``(C) Repayment.--Repayment of the special advance--
``(i) shall be required during the 10-year
period beginning on the date on which the special
advance is made; and
``(ii) at the election of the eligible entity,
may be deferred to the end of the 10-year period.
``(7) Limitation.--All special advances shall be made under
a loan described in paragraph (1) during the first 10 years of
the term of the loan.
``(d) Loans to Qualified Consumers.--
``(1) Terms of loans.--Loans made by an eligible entity to
qualified consumers using loan funds provided by the Secretary
under subsection (c)--
``(A) may bear interest, not to exceed 3 percent, to
be used for purposes that include--
``(i) to establish a loan loss reserve; and
``(ii) to offset personnel and program costs
of eligible entities to provide the loans;
``(B) shall finance energy efficiency measures for
the purpose of decreasing energy usage or costs of the
qualified consumer by an amount that ensures, to the
maximum extent practicable, that a loan term of not more
than 10 years will not pose an undue financial burden on
the qualified consumer, as determined by the eligible
entity;
``(C) shall not be used to fund purchases of, or
modifications to, personal property unless the personal
property is or becomes attached to real property
(including a manufactured home) as a fixture;
``(D) shall be repaid through charges added to the
electric bill for the property for, or at which, energy
efficiency measures are or will be implemented, on the
condition that this requirement does not prohibit--
[[Page 128 STAT. 860]]
``(i) the voluntary prepayment of a loan by
the owner of the property; or
``(ii) the use of any additional repayment
mechanisms that are--
``(I) demonstrated to have
appropriate risk mitigation features, as
determined by the eligible entity; or
``(II) required if the qualified
consumer is no longer a customer of the
eligible entity; and
``(E) shall require an energy audit by an eligible
entity to determine the impact of proposed energy
efficiency measures on the energy costs and consumption
of the qualified consumer.
``(2) Contractors.--In addition to any other qualified
general contractor, eligible entities may serve as general
contractors.
``(e) Contract for Measurement and Verification, Training, and
Technical Assistance.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary--
``(A) shall establish a plan for measurement and
verification, training, and technical assistance of the
program; and
``(B) may enter into 1 or more contracts with a
qualified entity for the purposes of--
``(i) providing measurement and verification
activities; and
``(ii) developing a program to provide
technical assistance and training to the employees
of eligible entities to carry out this section.
``(2) Use of subcontractors authorized.--A qualified entity
that enters into a contract under paragraph (1) may use
subcontractors to assist the qualified entity in carrying out
the contract.
``(f) Additional Authority.--The authority provided in this section
is in addition to any other authority of the Secretary to offer loans
under any other law.
``(g) Effective Period.--Subject to the availability of funds and
except as otherwise provided in this section, the loans and other
expenditures required to be made under this section shall be available
until expended, with the Secretary authorized to make new loans as loans
are repaid.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2014 through 2018.''.
SEC. 6206. STUDY OF RURAL TRANSPORTATION ISSUES.
(a) In General.--The Secretary of Agriculture and the Secretary of
Transportation shall publish an updated version of the study described
in section 6206 of the Food, Conservation, and Energy Act of 2008 (as
amended by subsection (b)).
(b) Addition to Study.--Section 6206(b) of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1971) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
[[Page 128 STAT. 861]]
(3) by adding at the end the following:
``(5) the sufficiency of infrastructure along waterways in
the United States and the impact of the infrastructure on the
movement of agricultural goods in terms of safety, efficiency
and speed, as well as the benefits derived through upgrades and
repairs to locks and dams.''.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture and the Secretary of
Transportation shall submit to Congress the updated version of the study
required by subsection (a).
SEC. 6207. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT.
Section 15751 of title 40, United States Code, is amended--
(1) in subsection (a), by striking ``2012'' and inserting
``2018''; and
(2) in subsection (b)--
(A) by striking ``Not more than'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), not
more than''; and
(B) by adding at the end the following:
``(2) Limited funding.--In a case in which less than
$10,000,000 is made available to a Commission for a fiscal year
under this section, paragraph (1) shall not apply.''.
SEC. 6208. DEFINITION OF RURAL AREA FOR PURPOSES OF THE HOUSING
ACT OF 1949.
The second sentence of section 520 of the Housing Act of 1949 (42
U.S.C. 1490) is amended--
(1) by striking ``1990 or 2000 decennial census shall
continue to be so classified until the receipt of data from the
decennial census in the year 2010'' and inserting ``1990, 2000,
or 2010 decennial census, and any area deemed to be a `rural
area' for purposes of this title under any other provision of
law at any time during the period beginning January 1, 2000, and
ending December 31, 2010, shall continue to be so classified
until the receipt of data from the decennial census in the year
2020''; and
(2) by striking ``25,000'' and inserting ``35,000''.
SEC. 6209. <<NOTE: 7 USC 2207b.>> PROGRAM METRICS.
(a) In General.--The Secretary shall collect data regarding economic
activities created through grants and loans, including any technical
assistance provided as a component of the grant or loan program, and
measure the short- and long-term viability of award recipients and any
entities to whom those recipients provide assistance using award funds,
under--
(1) section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a);
(2) section 313(b)(2) of the Rural Electrification Act of
1936 (7 U.S.C. 940c(b)(2)); or
(3) section 310B(c), 310B(e), 310B(g), 310H, or 379E, or
subtitle E, of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(c), 1932(e), 1932(g), 2008s, 2009 et seq.).
(b) Data.--The data collected under subsection (a) shall include
information collected from recipients both during the award period
[[Page 128 STAT. 862]]
and for a period of time, as determined by the Secretary, which is not
less than 2 years after the award period ends.
(c) Report.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, and every 2 years thereafter, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that contains the
data described in subsection (a).
(2) Detailed information.--The report shall include detailed
information regarding--
(A) actions taken by the Secretary to use the data;
(B) the percentage increase of employees;
(C) the number of business starts and clients
served;
(D) any benefit, such as an increase in revenue or
customer base; and
(E) such other information as the Secretary
considers appropriate.
SEC. 6210. FUNDING OF PENDING RURAL DEVELOPMENT LOAN AND GRANT
APPLICATIONS.
(a) In General.--The Secretary shall use funds made available under
subsection (b) to provide funds for applications that are pending on the
date of enactment of this Act in accordance with the terms and
conditions of section 6029 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1955).
(b) Funding.--Notwithstanding any other provision of law, beginning
in fiscal year 2014, of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $150,000,000, to
remain available until expended.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. OPTION TO BE INCLUDED AS NON-LAND-GRANT COLLEGE OF
AGRICULTURE.
Section 1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103) is amended--
(1) by striking paragraph (5) and inserting the following
new paragraph:
``(5) Cooperating forestry school.--
``(A) In general.--The term `cooperating forestry
school' means an institution--
``(i) that is eligible to receive funds under
Public Law 87-788 (commonly known as the McIntire-
Stennis Cooperative Forestry Act; 16 U.S.C. 582a
et seq.); and
``(ii) with respect to which the Secretary has
not received a declaration of the intent of that
institution to not be considered a cooperating
forestry school.
[[Page 128 STAT. 863]]
``(B) Termination of declaration.--A declaration of
the intent of an institution to not be considered a
cooperating forestry school submitted to the Secretary
shall be in effect until September 30, 2018.'';
(2) in paragraph (10)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``that'';
(ii) in clause (i)--
(I) by inserting ``that'' before
``qualify''; and
(II) by striking ``and'' at the end;
(iii) in clause (ii)--
(I) by inserting ``that'' before
``offer''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new
clause:
``(iii) with respect to which the Secretary
has not received a declaration of the intent of a
college or university to not be considered a
Hispanic-serving agricultural college or
university.''; and
(B) by adding at the end the following new
subparagraph:
``(C) Termination of declaration of intent.--A
declaration of the intent of a college or university to
not be considered a Hispanic-serving agricultural
college or university submitted to the Secretary shall
be in effect until September 30, 2018.''; and
(3) in paragraph (14)--
(A) in subparagraph (A), by striking ``agriculture
or forestry'' and inserting ``food and agricultural
sciences'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Designation.--Not later than 90 days after the
date of the enactment of this subparagraph, the
Secretary shall establish an ongoing process through
which public colleges or universities may apply for
designation as an NLGCA Institution.''.
SEC. 7102. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION,
AND ECONOMICS ADVISORY BOARD.
(a) Extension of Termination Date.--Section 1408(h) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123(h)) is amended by striking ``2012'' and inserting ``2018''.
(b) Duties of National Agricultural Research, Extension, Education,
and Economics Advisory Board.--Section 1408(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``Committee on Appropriations of the
Senate'' and all that follows through the semi-colon and
inserting ``Committee on Appropriations of the Senate
on--''; and
(B) by adding at the end the following new
subparagraphs:
[[Page 128 STAT. 864]]
``(A) long-term and short-term national policies and
priorities consistent with the purposes specified in
section 1402 for agricultural research, extension,
education, and economics; and
``(B) the annual establishment of priorities that--
``(i) are in accordance with the purposes
specified in a provision of a covered law (as
defined in subsection (d) of section 1492) under
which competitive grants (described in subsection
(c) of such section) are awarded; and
``(ii) the Board determines are national
priorities.'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) in paragraph (4)--
(A) in subparagraph (B), by striking ``the national
research policies and priorities set forth in''
inserting ``national research policies and priorities
that are consistent with the purposes specified in'';
and
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(5) consult with industry groups on agricultural research,
extension, education, and economics, and make recommendations to
the Secretary based on that consultation.''.
SEC. 7103. SPECIALTY CROP COMMITTEE.
(a) Establishment of Subcommittee.--Section 1408A(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123a(a)) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following new paragraph:
``(2) Citrus disease subcommittee.--
``(A) In general.--Not later than 45 days after the
date of the enactment of the Agricultural Act of 2014,
the Secretary shall establish within the speciality
crops committee, and appoint the initial members of, a
citrus disease subcommittee to carry out the
responsibilities of the subcommittee described in
subsection (g) in accordance with subsection (j)(3) of
section 412 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7632).
``(B) Composition.--The citrus disease subcommittee
shall be composed of 9 members, each of whom is a
domestic producer of citrus in a State, represented as
follows:
``(i) Three of such members shall represent
Arizona or California.
``(ii) Five of such members shall represent
Florida.
``(iii) One of such members shall represent
Texas.
``(C) Membership.--The Secretary may appoint
individuals who are not members of the specialty crops
committee or the Advisory Board established under
section 1408 as members of the citrus disease
subcommittee
``(D) Termination.--The subcommittee established
under subparagraph (A) shall terminate on September 30,
2018.
[[Page 128 STAT. 865]]
``(E) Federal advisory committee act.--The
subcommittee established under subparagraph (A) shall be
covered by the exemption to section 9(c) of the Federal
Advisory Committee Act (5 U.S.C. App.) applicable to the
Advisory Board under section 1408(f).''.
(b) Members.--Section 1408A(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(b))
is amended--
(1) by striking ``Individuals'' and inserting the following:
``(1) Eligibility.--Individuals'';
(2) by striking ``Members'' and inserting the following:
``(2) Service.--Members''; and
(3) by adding at the end the following new paragraph:
``(3) Diversity.--Membership of the specialty crops
committee shall reflect diversity in the specialty crops
represented.''.
(c) Annual Committee Report.--Section 1408A(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123a(c)) is amended--
(1) in paragraph (1), by striking ``Measures'' and inserting
``Programs'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively;
(4) in paragraph (2) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``Programs that would'' and inserting
``Research, extension, and teaching programs designed to
improve competitiveness in the specialty crop industry,
including programs that would'';
(B) in subparagraph (D), by inserting ``, including
improving the quality and taste of processed specialty
crops'' before the semicolon; and
(C) in subparagraph (G), by inserting ``the remote
sensing and the'' before ``mechanization''; and
(5) by adding at the end the following:
``(5) Analysis of the alignment of specialty crops committee
recommendations with grants awarded through the specialty crop
research initiative established under section 412 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632).''.
(d) Consultation With Specialty Crop Industry.--Section 1408A of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123a) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Consultation With Specialty Crop Industry.--In studying the
scope and effectiveness of programs under subsection (a), the specialty
crops committee shall consult on an ongoing basis with diverse sectors
of the specialty crop industry.''; and
(3) in subsection (f) (as redesignated by paragraph (1)), by
striking ``subsection (d)'' and inserting ``subsection (e)''.
(e) Duties of Citrus Disease Subcommittee.--Section 1408A of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123a), as amended by subsection
[[Page 128 STAT. 866]]
(d), is further amended by adding at the end the following new
subsection:
``(g) Citrus Disease Subcommittee Duties.--For the purposes of
subsection (j) of section 412 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7632), the citrus disease
subcommittee shall--
``(1) advise the Secretary on citrus research, extension,
and development needs;
``(2) propose, by a favorable vote of two-thirds of the
members of the subcommittee, a research and extension agenda and
annual budgets for the funds made available to carry out such
subsection;
``(3) evaluate and review ongoing research and extension
funded under the emergency citrus disease research and extension
program (as defined in such subsection);
``(4) establish, by a favorable vote of two-thirds of the
members of the subcommittee, annual priorities for the award of
grants under such subsection;
``(5) provide the Secretary any comments on grants awarded
under such subsection during the previous fiscal year; and
``(6) engage in regular consultation and collaboration with
the Department and other institutional, governmental, and
private persons conducting scientific research on, and extension
activities related to, the causes or treatments of citrus
diseases and pests, both domestic and invasive, for purposes
of--
``(A) maximizing the effectiveness of research and
extension projects funded under the citrus disease
research and extension program;
``(B) hastening the development of useful
treatments;
``(C) avoiding duplicative and wasteful
expenditures; and
``(D) providing the Secretary with such information
and advice as the Secretary may request.''.
SEC. 7104. VETERINARY SERVICES GRANT PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1415A (7 U.S.C. 3151a)
the following new section:
``SEC. 1415B. <<NOTE: 7 USC 3151b.>> VETERINARY SERVICES GRANT
PROGRAM.
``(a) Definitions.--In this section:
``(1) Qualified entity.--The term `qualified entity' means--
``(A) a for-profit or nonprofit entity located in
the United States that, or an individual who, operates a
veterinary clinic providing veterinary services--
``(i) in a rural area, as defined in section
343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)); and
``(ii) in a veterinarian shortage situation;
``(B) a State, national, allied, or regional
veterinary organization or specialty board recognized by
the American Veterinary Medical Association;
``(C) a college or school of veterinary medicine
accredited by the American Veterinary Medical
Association;
``(D) a university research foundation or veterinary
medical foundation;
[[Page 128 STAT. 867]]
``(E) a department of veterinary science or
department of comparative medicine accredited by the
Department of Education;
``(F) a State agricultural experiment station; or
``(G) a State, local, or tribal government agency.
``(2) Veterinarian shortage situation.--The term
`veterinarian shortage situation' means a veterinarian shortage
situation as determined by the Secretary under section 1415A.
``(b) Establishment.--
``(1) Competitive grants.--The Secretary shall carry out a
program to make competitive grants to qualified entities that
carry out programs or activities described in paragraph (2) for
the purpose of developing, implementing, and sustaining
veterinary services.
``(2) Eligibility requirements.--A qualified entity shall be
eligible to receive a grant described in paragraph (1) if the
entity carries out programs or activities that the Secretary
determines will--
``(A) substantially relieve veterinarian shortage
situations;
``(B) support or facilitate private veterinary
practices engaged in public health activities; or
``(C) support or facilitate the practices of
veterinarians who are providing or have completed
providing services under an agreement entered into with
the Secretary under section 1415A(a)(2).
``(c) Award Processes and Preferences.--
``(1) Application, evaluation, and input processes.--In
administering the grant program established under this section,
the Secretary shall--
``(A) use an appropriate application and evaluation
process, as determined by the Secretary; and
``(B) seek the input of interested persons.
``(2) Coordination preference.--In selecting recipients of
grants to be used for any of the purposes described in
subsection (d)(1), the Secretary shall give a preference to
qualified entities that provide documentation of coordination
with other qualified entities, with respect to any such purpose.
``(3) Consideration of available funds.--In selecting
recipients of grants to be used for any of the purposes
described in subsection (d), the Secretary shall take into
consideration the amount of funds available for grants and the
purposes for which the grant funds will be used.
``(4) Nature of grants.--A grant awarded under this section
shall be considered to be a competitive research, extension, or
education grant.
``(d) Use of Grants To Relieve Veterinarian Shortage Situations and
Support Veterinary Services.--
``(1) In general.--Except as provided in paragraph (2), a
qualified entity may use funds provided by a grant awarded under
this section to relieve veterinarian shortage situations and
support veterinary services for any of the following purposes:
``(A) To promote recruitment (including for programs
in secondary schools), placement, and retention of
veterinarians, veterinary technicians, students of
veterinary medicine, and students of veterinary
technology.
[[Page 128 STAT. 868]]
``(B) To allow veterinary students, veterinary
interns, externs, fellows, and residents, and veterinary
technician students to cover expenses (other than the
types of expenses described in section 1415A(c)(5)) to
attend training programs in food safety or food animal
medicine.
``(C) To establish or expand accredited veterinary
education programs (including faculty recruitment and
retention), veterinary residency and fellowship
programs, or veterinary internship and externship
programs carried out in coordination with accredited
colleges of veterinary medicine.
``(D) To provide continuing education and extension,
including veterinary telemedicine and other distance-
based education, for veterinarians, veterinary
technicians, and other health professionals needed to
strengthen veterinary programs and enhance food safety.
``(E) To provide technical assistance for the
preparation of applications submitted to the Secretary
for designation as a veterinarian shortage situation
under this section or section 1415A.
``(2) Qualified entities operating veterinary clinics.--A
qualified entity described in subsection (a)(1)(A) may only use
funds provided by a grant awarded under this section to
establish or expand veterinary practices, including--
``(A) equipping veterinary offices;
``(B) sharing in the reasonable overhead costs of
such veterinary practices, as determined by the
Secretary; or
``(C) establishing mobile veterinary facilities in
which a portion of the facilities will address education
or extension needs.
``(e) Special Requirements for Certain Grants.--
``(1) Terms of service requirements.--
``(A) In general.--Funds provided through a grant
made under this section to a qualified entity described
in subsection (a)(1)(A) and used by such entity under
subsection (d)(2) shall be subject to an agreement
between the Secretary and such entity that includes a
required term of service for such entity (including a
qualified entity operating as an individual), as
established by the Secretary.
``(B) Considerations.--In establishing a term of
service under subparagraph (A), the Secretary shall
consider only--
``(i) the amount of the grant awarded; and
``(ii) the specific purpose of the grant.
``(2) Breach remedies.--
``(A) In general.--An agreement under paragraph (1)
shall provide remedies for any breach of the agreement
by the qualified entity referred to in paragraph (1)(A),
including repayment or partial repayment of the grant
funds, with interest.
``(B) Waiver.--The Secretary may grant a waiver of
the repayment obligation for breach of contract if the
Secretary determines that such qualified entity
demonstrates extreme hardship or extreme need.
``(C) Treatment of amounts recovered.--Funds
recovered under this paragraph shall--
[[Page 128 STAT. 869]]
``(i) be credited to the account available to
carry out this section; and
``(ii) remain available until expended without
further appropriation.
``(f) Prohibition on Use of Grant Funds for Construction.--Except as
provided in subsection (d)(2), funds made available for grants under
this section may not be used--
``(1) to construct a new building or facility; or
``(2) to acquire, expand, remodel, or alter an existing
building or facility, including site grading and improvement and
architect fees.
``(g) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall promulgate regulations to
carry out this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2014 and each fiscal year thereafter, to remain available
until expended.''.
SEC. 7105. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE
SCIENCES EDUCATION.
Section 1417(m) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)) is amended by
striking ``section $60,000,000'' and all that follows and inserting the
following: ``section--
``(1) $60,000,000 for each of fiscal years 1990 through
2013; and
``(2) $40,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7106. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
Section 1419A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3155) is amended--
(1) in the section heading, by inserting ``agricultural and
food'' before ``policy'';
(2) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Secretary may'' and inserting
``Secretary shall, acting through the Office of the
Chief Economist,''; and
(B) by striking ``make grants, competitive grants,
and special research grants to, and enter into
cooperative agreements and other contracting instruments
with,'' and inserting ``make competitive grants to, or
enter into cooperative agreements with,'';
(3) by striking subsection (b) and inserting the following
new subsection:
``(b) Eligible Recipients.--An entity eligible to apply for funding
under subsection (a) is a State agricultural experiment station, college
or university, or other public research institution or organization that
has a history of providing--
``(1) unbiased, nonpartisan economic analysis to Congress on
the areas specified in paragraphs (1) through (4) of subsection
(a); or
``(2) objective, scientific information to Federal agencies
and the public to support and enhance efficient, accurate
implementation of Federal drought preparedness and drought
[[Page 128 STAT. 870]]
response programs, including interagency thresholds used to
determine eligibility for mitigation or emergency assistance.'';
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(5) by inserting after subsection (b) the following new
subsection:
``(c) Preference.--In making awards under this section, the
Secretary shall give a preference to policy research centers that have--
``(1) extensive databases, models, and demonstrated
experience in providing Congress with agricultural market
projections, rural development analysis, agricultural policy
analysis, and baseline projections at the farm, multiregional,
national, and international levels; or
``(2) information, analysis, and research relating to
drought mitigation.'';
(6) in subsection (d)(2) (as redesignated by paragraph (4)),
by inserting ``applied'' after ``theoretical and''; and
(7) by striking subsection (e) (as redesignated by paragraph
(4)) and inserting the following new subsection:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2014 through 2018.''.
SEC. 7107. EDUCATION GRANTS TO ALASKA NATIVE SERVING INSTITUTIONS
AND NATIVE HAWAIIAN SERVING
INSTITUTIONS.
Section 1419B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``(or grants
without regard to any requirement for competition)'';
and
(B) in paragraph (3), by striking ``2012'' and
inserting ``2018''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(or grants
without regard to any requirement for competition)'';
and
(B) in paragraph (3), by striking ``2012'' and
inserting ``2018''.
SEC. 7108. REPEAL OF HUMAN NUTRITION INTERVENTION AND HEALTH
PROMOTION RESEARCH PROGRAM.
Section 1424 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174) is repealed.
SEC. 7109. REPEAL OF PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND
AGRICULTURAL RESEARCH.
Section 1424A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3174a) is repealed.
SEC. 7110. NUTRITION EDUCATION PROGRAM.
Section 1425(f) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3175(f)) is amended by
striking ``2012'' and inserting ``2018''.
[[Page 128 STAT. 871]]
SEC. 7111. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
(a) In General.--Section 1433 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195) is amended to
read as follows:
``SEC. 1433. CONTINUING ANIMAL HEALTH AND DISEASE, FOOD SECURITY,
AND STEWARDSHIP RESEARCH, EDUCATION, AND
EXTENSION PROGRAMS.
``(a) Capacity and Infrastructure Program.--
``(1) In general.--In each State with one or more accredited
colleges of veterinary medicine, the deans of the accredited
college or colleges and the director of the State agricultural
experiment station shall develop a comprehensive animal health
and disease research program for the State based on the animal
health research capacity of each eligible institution in the
State, which shall be submitted to the Secretary for approval
and shall be used for the allocation of funds available to the
State under this section.
``(2) Use of funds.--An eligible institution allocated funds
to carry out animal health and disease research under this
section may only use such funds--
``(A) to meet the expenses of conducting animal
health and disease research, publishing and
disseminating the results of such research, and
contributing to the retirement of employees subject to
the Act of March 4, 1940 (7 U.S.C. 331);
``(B) for administrative planning and direction; and
``(C) to purchase equipment and supplies necessary
for conducting research described in subparagraph (A).
``(3) Cooperation among eligible institutions.--The
Secretary, to the maximum extent practicable, shall encourage
eligible institutions to cooperate in setting research
priorities under this section through conducting regular
regional and national meetings.
``(b) Competitive Grant Program.--
``(1) In general.--The Secretary, for purposes of addressing
the critical needs of animal agriculture, shall award
competitive grants to eligible entities under which such
eligible entities--
``(A) conduct research--
``(i) to promote food security, such as by--
``(I) improving feed efficiency;
``(II) improving energetic
efficiency;
``(III) connecting genomics,
proteomics, metabolomics and related
phenomena to animal production;
``(IV) improving reproductive
efficiency; and
``(V) enhancing pre- and post-
harvest food safety systems; and
``(ii) on the relationship between animal and
human health, such as by--
``(I) exploring new approaches for
vaccine development;
``(II) understanding and controlling
zoonosis, including its impact on food
safety;
``(III) improving animal health
through feed; and
[[Page 128 STAT. 872]]
``(IV) enhancing product quality and
nutritive value; and
``(B) develop and disseminate to the public tools
and information based on the research conducted under
subparagraph (A) and sound science.
``(2) Eligible entities.--An entity eligible to receive a
grant under this subsection is any of the following:
``(A) A State cooperative institution.
``(B) An NLGCA Institution.
``(3) Administration.--In carrying out this subsection, the
Secretary shall establish procedures--
``(A) to seek and accept proposals for grants;
``(B) to review and determine the relevance and
merit of proposals, in consultation with representatives
of the animal agriculture industry;
``(C) to provide a scientific peer review of each
proposal conducted by a panel of subject matter experts
from Federal agencies, academic institutions, State
animal health agencies, and the animal agriculture
industry; and
``(D) to award competitive grants on the basis of
merit, quality, and relevance.
``(c) Funding.--
``(1) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2014 through 2018.
``(2) Reservation of funds.--The Secretary shall reserve not
less than $5,000,000 of the funds made available under paragraph
(1) to carry out the capacity and infrastructure program under
subsection (a).
``(3) Initial apportionment.--The amounts made available
under paragraph (1) that are remaining after the reservation of
funds under paragraph (2), shall be apportioned as follows:
``(A) 15 percent of such amounts shall be used to
carry out the capacity and infrastructure program under
subsection (a).
``(B) 85 percent of such funds shall be used to
carry out the competitive grant program under subsection
(b).
``(4) Additional apportionment.--The funds reserved under
paragraph (2) and apportioned under paragraph (3)(A) to carry
out the capacity and infrastructure program under subsection (a)
shall be apportioned as follows:
``(A) Four percent shall be retained by the
Department of Agriculture for administration, program
assistance to the eligible institutions, and program
coordination.
``(B) 48 percent shall be distributed among the
several States in the proportion that the value of and
income to producers from domestic livestock, poultry,
and commercial aquaculture species in each State bears
to the total value of and income to producers from
domestic livestock, poultry, and commercial aquaculture
species in all the States. The Secretary shall determine
the total value of and income from domestic livestock,
poultry, and commercial aquaculture species in all the
States and the proportionate value of and income from
domestic livestock, poultry, and commercial aquaculture
species for each State, based on the most current
inventory of all cattle, sheep,
[[Page 128 STAT. 873]]
swine, horses, poultry, and commercial aquaculture
species published by the Department of Agriculture.
``(C) 48 percent shall be distributed among the
several States in the proportion that the animal health
research capacity of the eligible institutions in each
State bears to the total animal health research capacity
in all the States. The Secretary shall determine the
animal health research capacity of the eligible
institutions.
``(5) Special rules for apportionment of certain funds.--
With respect to funds reserved under paragraph (2) and
apportioned under paragraph (3)(A) to carry out the capacity and
infrastructure program under subsection (a), the following shall
apply:
``(A) When the amount available under this section
for allotment to any State on the basis of domestic
livestock, poultry, and commercial aquaculture species
values and incomes exceeds the amount for which the
eligible institution or institutions in the State are
eligible on the basis of animal health research
capacity, the excess may be used, at the discretion of
the Secretary, for remodeling of facilities,
construction of new facilities, or increase in staffing,
proportionate to the need for added research capacity.
``(B) Whenever a new college of veterinary medicine
is established in a State and is accredited, the
Secretary, after consultation with the dean of such
college and the director of the State agricultural
experiment station and where applicable, deans of other
accredited colleges in the State, shall provide for the
reallocation of funds available to the State pursuant to
paragraph (4) between the new college and other eligible
institutions in the State, based on the animal health
research capacity of each eligible institution.
``(C) Whenever two or more States jointly establish
an accredited regional college of veterinary medicine or
jointly support an accredited college of veterinary
medicine serving the States involved, the Secretary is
authorized to make funds which are available to such
States pursuant to paragraph (4) available for such
college in such amount that reflects the combined
relative value of, and income from, domestic livestock,
poultry, and commercial aquaculture species in the
cooperating States, such amount to be adjusted, as
necessary, pursuant to subsection (a)(1) and
subparagraph (B).''.
(b) Conforming Amendments.--
(1) Definition of state cooperative institution.--Section
1404(18) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103(18)) is amended--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking ``subtitles E,
G,'' and inserting ``subtitles G,'';
(C) by redesignating subparagraph (F) as
subparagraph (G); and
(D) by inserting after subparagraph (E) the
following new subparagraph:
``(F) section 1430; and''.
[[Page 128 STAT. 874]]
(2) Definition of capacity and infrastructure program.--
Section 251(f)(1)(C)(vi) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)(vi)) is
amended by inserting ``except for the competitive grant program
under section 1433(b)'' before the period at the end.
(3) Subtitle e of the national agricultural research,
extension, and teaching policy act of 1977.--Subtitle E of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended--
(A) in section 1431(a) (7 U.S.C. 3193(a)), by
inserting ``under sections 1433(a) and 1434'' after
``eligible institutions'';
(B) in section 1435 (7 U.S.C. 3197), by striking
``for allocation under the terms of this subtitle'' and
inserting ``to carry out sections 1433(a) and 1434'';
(C) in section 1436 (7 U.S.C. 3198), in the first
sentence, by striking ``section 1433 of this title'' and
inserting ``subsection (c) of section 1433 to carry out
subsection (a) of such section'';
(D) in section 1437 (7 U.S.C. 3199), in the first
sentence, by striking ``States under section 1433 of
this title'' and inserting ``States under subsection (c)
of section 1433 to carry out subsection (a) of such
section'';
(E) in section 1438 (7 U.S.C. 3200), in the first
sentence by striking ``under this subtitle'' and
inserting ``under subsection (c) of section 1433 to
carry out subsection (a) of such section''; and
(F) in section 1439 (7 U.S.C. 3201), by striking
``under this subtitle'' and inserting ``under subsection
(c) of section 1433 to carry out subsection (a) of such
section or section 1434, as applicable,''.
(4) Authorization for appropriations for existing and
certain new agricultural research programs.--Section 1463(c) of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3311(c)) is amended by striking
``sections 1433 and 1434'' and inserting ``sections 1433(a) and
1434''.
SEC. 7112. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES
FACILITIES AT 1890 LAND-GRANT COLLEGES,
INCLUDING TUSKEGEE UNIVERSITY.
Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended by
striking ``2012'' and inserting ``2018''.
SEC. 7113. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCE
FACILITIES AND EQUIPMENT AT INSULAR AREA
LAND-GRANT INSTITUTIONS.
(a) Supporting Tropical and Subtropical Agricultural Research.--
(1) In general.--Section 1447B(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3222b-2(a)) is amended to read as follows:
``(a) Purpose.--It is the intent of Congress to assist the land-
grant colleges and universities in the insular areas in efforts to--
``(1) acquire, alter, or repair facilities or relevant
equipment necessary for conducting agricultural research; and
[[Page 128 STAT. 875]]
``(2) support tropical and subtropical agricultural
research, including pest and disease research.''.
(2) Conforming amendment.--Section 1447B of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3222b-2) is amended in the heading--
(A) by inserting ``and support tropical and
subtropical agricultural research'' after ``equipment'';
and
(B) by striking ``institutions'' and inserting
``colleges and universities''.
(b) Extension.--Section 1447B(d) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b-
2(d)) is amended by striking ``2012'' and inserting ``2018''.
SEC. 7114. REPEAL OF NATIONAL RESEARCH AND TRAINING VIRTUAL
CENTERS.
Section 1448 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222c) is repealed.
SEC. 7115. HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended by
striking ``2012'' and inserting ``2018''.
SEC. 7116. COMPETITIVE GRANTS PROGRAM FOR HISPANIC AGRICULTURAL
WORKERS AND YOUTH.
Section 1456(e)(1) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3243(e)(1)) is amended to read
as follows:
``(1) In general.--The Secretary shall establish a
competitive grants program--
``(A) to fund fundamental and applied research and
extension at Hispanic-serving agricultural colleges and
universities in agriculture, human nutrition, food
science, bioenergy, and environmental science; and
``(B) to award competitive grants to Hispanic-
serving agricultural colleges and universities to
provide for training in the food and agricultural
sciences of Hispanic agricultural workers and Hispanic
youth working in the food and agricultural sciences.''.
SEC. 7117. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL
SCIENCE AND EDUCATION PROGRAMS.
Section 1459A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)) is amended to read
as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
1999 through 2013; and
``(2) $5,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7118. REPEAL OF RESEARCH EQUIPMENT GRANTS.
Section 1462A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310a) is repealed.
SEC. 7119. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by
[[Page 128 STAT. 876]]
striking ``2012'' each place it appears in subsections (a) and (b) and
inserting ``2018''.
SEC. 7120. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``2012'' and inserting ``2018''.
SEC. 7121. AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTRATIVE
REQUIREMENTS.
Section 1469 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3315) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Agreements With Former Agricultural Research Facilities of the
Department.--To the maximum extent practicable, the Secretary, for
purposes of supporting ongoing research and information dissemination
activities, including supporting research and those activities through
co-locating scientists and other technical personnel, sharing of
laboratory and field equipment, and providing financial support, shall
enter into grants, contracts, cooperative agreements, or other legal
instruments with former Department of Agriculture agricultural research
facilities.''.
SEC. 7122. SUPPLEMENTAL AND ALTERNATIVE CROPS.
(a) Authorization of Appropriations and Termination.--Section 1473D
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a), by striking ``2012'' and inserting
``2018''; and
(2) by adding at the end the following new subsection:
``(e) There are authorized to be appropriated to carry out this
section--
``(1) such sums as are necessary for fiscal year 2013; and
``(2) $1,000,000 for each of fiscal years 2014 through
2018.''.
(b) Competitive Grants.--Section 1473D(c)(1) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3319d(c)(1)) is amended by striking ``use such research funding,
special or competitive grants, or other means, as the Secretary
determines,'' and inserting ``make competitive grants''.
SEC. 7123. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Section 1473F(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended by
striking ``2012'' and inserting ``2018''.
SEC. 7124. AQUACULTURE ASSISTANCE PROGRAMS.
(a) Competitive Grants.--Section 1475(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3322(b)) is amended in the matter preceding paragraph (1), by
inserting ``competitive'' before ``grants''.
(b) Authorization of Appropriations.--Section 1477 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3324) is amended to read as follows:
[[Page 128 STAT. 877]]
``SEC. 1477. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle--
``(1) $7,500,000 for each of fiscal years 1991 through 2013;
and
``(2) $5,000,000 for each of fiscal years 2014 through 2018.
``(b) Prohibition on Use.--Funds made available under this section
may not be used to acquire or construct a building.''.
SEC. 7125. RANGELAND RESEARCH PROGRAMS.
Section 1483(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)) is amended by
striking ``subtitle'' and all that follows and inserting the following:
``subtitle--
``(1) $10,000,000 for each of fiscal years 1991 through
2013; and
``(2) $2,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7126. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND
RESPONSE.
Section 1484(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)) is amended by
striking ``response such sums as are necessary'' and all that follows
and inserting the following: ``response--
``(1) such sums as are necessary for each of fiscal years
2002 through 2013; and
``(2) $20,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7127. DISTANCE EDUCATION AND RESIDENT INSTRUCTION GRANTS
PROGRAM FOR INSULAR AREA INSTITUTIONS OF
HIGHER EDUCATION.
(a) Distance Education Grants for Insular Areas.--
(1) Competitive grants.--Section 1490(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3362(a)) is amended by striking ``or
noncompetitive''.
(2) Authorization of appropriations.--Section 1490(f) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3362(f)) is amended by striking
``section'' and all that follows and inserting the following:
``section--
``(1) such sums as are necessary for each of fiscal years
2002 through 2013; and
``(2) $2,000,000 for each of fiscal years 2014 through
2018.''.
(b) Resident Instruction Grants for Insular Areas.--Section 1491(c)
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3363(c)) is amended by striking ``such sums as are
necessary'' and all that follows and inserting the following: ``to carry
out this section--
``(1) such sums as are necessary for each of fiscal years
2002 through 2013; and
``(2) $2,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7128. MATCHING FUNDS REQUIREMENT.
(a) In General.--The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by adding
at the end the following new subtitle:
[[Page 128 STAT. 878]]
``Subtitle P--General Provisions
``SEC. 1492. <<NOTE: 7 USC 3371.>> MATCHING FUNDS REQUIREMENT.
``(a) In General.--The recipient of a competitive grant that is
awarded by the Secretary under a covered law shall provide funds, in-
kind contributions, or a combination of both, from sources other than
funds provided through such grant in an amount that is at least equal to
the amount of such grant.
``(b) Exception.--The matching funds requirement under subsection
(a) shall not apply to grants awarded--
``(1) to a research agency of the Department of Agriculture;
or
``(2) to an entity eligible to receive funds under a
capacity and infrastructure program (as defined in section
251(f)(1)(C) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6971(f)(1)(C))), including a partner of such
entity.
``(c) Waiver.--The Secretary may waive the matching funds
requirement under subsection (a) for a year with respect to a
competitive grant that involves research or extension activities that
are consistent with the priorities established by the National
Agricultural Research, Extension, Education, and Economics Advisory
Board under section 1408(c)(1)(B) for the year involved.
``(d) Covered Law.--In this section, the term `covered law' means
each of the following provisions of law:
``(1) This title.
``(2) Title XVI of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5801 et seq.).
``(3) The Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601 et seq.).
``(4) Part III of subtitle E of title VII of the Food,
Conservation, and Energy Act of 2008.
``(5) The Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i).''.
(b) Conforming Amendments.--
(1) National agricultural research, extension, and teaching
policy act of 1977.--The National Agricultural Research,
Extension, and Teaching Policy Act of 1977 is amended--
(A) in section 1415(a) (7 U.S.C. 3151(a)), by
striking the second sentence;
(B) in section 1475(b) (7 U.S.C. 3322(b)), in the
matter following paragraph (4), by striking ``Except in
the case of'' and all that follows; and
(C) in section 1480 (7 U.S.C. 3333)--
(i) by striking subsection (b); and
(ii) by striking ``(a) In General.--The
Secretary'' and inserting ``The Secretary''.
(2) Food, agriculture, conservation, and trade act of
1990.--The Food, Agriculture, Conservation, and Trade Act of
1990 is amended--
(A) in section 1623(d)(2) (7 U.S.C. 5813(d)(2)), by
adding at the end the following: ``The matching funds
requirement under section 1492 of the National
Agricultural Research, Extension, and Teaching Policy
Act of 1977 shall not apply to grants awarded under this
section.'';
(B) in section 1671 (7 U.S.C. 5924)--
[[Page 128 STAT. 879]]
(i) by striking subsection (e); and
(ii) by redesignating subsection (f) as
subsection (e);
(C) in section 1672 (7 U.S.C. 5925)--
(i) by striking subsection (c); and
(ii) by redesignating subsections (d) through
(j) as subsections (c) through (i), respectively;
and
(D) in section 1672B (7 U.S.C. 5925b)--
(i) by striking subsection (c); and
(ii) by redesignating subsections (d), (e),
and (f) as subsections (c), (d), and (e),
respectively.
(3) Agricultural research, extension, and education reform
act of 1998.--The Agricultural Research, Extension, and
Education Reform Act of 1998 is amended--
(A) in section 406 (7 U.S.C. 7626)--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f)
as subsections (d) and (e), respectively; and
(B) in section 412(e) (7 U.S.C. 7632(e))--
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as
paragraph (3).
(4) Competitive, special, and facilities research grant
act.--Subsection (b)(9) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b)(9)) is amended--
(A) in subparagraph (A), by adding at the end the
following new clause:
``(iii) Exemption.--The matching funds
requirement under section 1492 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 shall not apply in the case of
a grant made under paragraph (6)(A).''; and
(B) by striking subparagraph (B).
(5) Sun grant program.--Section 7526(c)(1)(D)(iv) of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8114(c)(1)(D)(iv)) is amended by adding at the end the following
new subclause:
``(IV) Relation to other matching
fund requirement.--The matching funds
requirement under section 1492 of the
National Agricultural Research,
Extension, and Teaching Policy Act of
1977 shall not apply in the case of a
grant provided by a sun grant center or
subcenter under this paragraph.''.
(c) <<NOTE: 7 USC 3371 note.>> Application to Amendments.--
(1) New grants.--Section 1492 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977, as added
by subsection (a), shall apply with respect to grants described
in such section awarded after October 1, 2014, unless the
provision of a covered law under which such grants are awarded
specifically exempts such grants from the matching funds
requirement under such section.
(2) Grants awarded on or before october 1, 2014.--
Notwithstanding the amendments made by subsection (b), a
matching funds requirement in effect on or before the date of
the enactment of this section under a provision of a covered
[[Page 128 STAT. 880]]
law shall continue to apply to a grant awarded under such
provision on or before October 1, 2014.
SEC. 7129. <<NOTE: 7 USC 321 note.>> DESIGNATION OF CENTRAL STATE
UNIVERSITY AS 1890 INSTITUTION.
(a) Designation.--Any provision of a Federal law relating to
colleges and universities eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University,
shall apply to Central State University.
(b) Funding Restriction.--Notwithstanding the designation under
subsection (a), for fiscal years 2014 and 2015, Central State University
shall not be eligible to receive formula funds under--
(1) section 1444 or 1445 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221 and 3222);
(2) section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)) to
carry out the national education program established under
section 1425 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3175);
(3) the Renewable Resources Extension Act of 1978 (16 U.S.C.
1671 et seq.); or
(4) Public Law 87-788 (commonly known as the McIntire-
Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5814) is amended in the first sentence--
(1) by striking ``$40,000,000 for each fiscal year''; and
(2) by inserting ``$40,000,000 for each of fiscal years 2013
through 2018'' after ``chapter''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5821(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section through the National Institute of
Food and Agriculture $20,000,000 for each of fiscal years 2013 through
2018.''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND
TRANSFER PROGRAM.
Section 1628(f) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5831(f)) is amended to read as follows:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for fiscal year 2013; and
``(2) $5,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5832(i)) is amended to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the National Training Program $20,000,000 for
each of fiscal years 2013 through 2018.''.
[[Page 128 STAT. 881]]
SEC. 7205. NATIONAL GENETICS RESOURCES PROGRAM.
Section 1635(b) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5844(b)) is amended--
(1) by striking ``such funds as may be necessary''; and
(2) by striking ``subtitle'' and all that follows and
inserting the following: ``subtitle--
``(1) such sums as are necessary for each of fiscal years
1991 through 2013; and
``(2) $1,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7206. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5855(c)) is amended--
(1) by striking ``$5,000,000 to carry out this subtitle''
and inserting ``to carry out this subtitle $5,000,000''; and
(2) by inserting ``and $1,000,000 for each of fiscal years
2014 through 2018'' before the period at the end.
SEC. 7207. REPEAL OF RURAL ELECTRONIC COMMERCE EXTENSION PROGRAM.
Section 1670 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5923) is repealed.
SEC. 7208. AGRICULTURAL GENOME INITIATIVE.
Section 1671(c) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5924(c)) is amended by adding at the end the
following:
``(3) Consortia.--The Secretary shall encourage awards under
this section to consortia of eligible entities.''.
SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925) is amended--
(1) in the first sentence of subsection (a), by striking
``subsections (e) through (i)'' and inserting ``subsections (d)
through (g)'';
(2) in subsection (b)(2), in the first sentence, by striking
``subsections (e) through (i)'' and inserting ``subsections (d)
through (g)'';
(3) by striking subsection (h) (as redesignated by section
7128(b)(2)(C)(ii));
(4) by redesignating subsection (i) (as redesignated by such
section) as subsection (h);
(5) in subsection (d) (as redesignated by such section)--
(A) by striking paragraphs (1) through (5), (7),
(8), (11) through (43), (47), (48), (51), and (52);
(B) by redesignating paragraphs (6), (9), (10),
(44), (45), (46), (49), and (50) as paragraphs (1), (2),
(3), (4), (5), (6), (7), and (8), respectively; and
(C) by adding at the end the following new
paragraphs:
``(9) Coffee plant health initiative.--Research and
extension grants may be made under this section for the purposes
of--
``(A) developing and disseminating science-based
tools and treatments to combat the coffee berry borer
(Hypothenemus hampei); and
[[Page 128 STAT. 882]]
``(B) establishing an areawide integrated pest
management program in areas affected by, or areas at
risk of, being affected by the coffee berry borer.
``(10) Corn, soybean meal, cereal grains, and grain
byproducts research and extension.--Research and extension
grants may be made under this section for the purpose of
carrying out or enhancing research to improve the digestibility,
nutritional value, and efficiency of the use of corn, soybean
meal, cereal grains, and grain byproducts for the poultry and
food animal production industries.'';
(6) by striking subsection (e) (as redesignated by such
section) and inserting the following new subsection:
``(e) Pulse Crop Health Initiative.--
``(1) Definitions.--In this subsection:
``(A) Initiative.--The term `Initiative' means the
pulse crop health initiative established by paragraph
(2).
``(B) Pulse crop.--The term `pulse crop' means dry
beans, dry peas, lentils, and chickpeas.
``(2) Establishment.--The Secretary shall carry out a pulse
crop health competitive research and extension initiative to
address the critical needs of the pulse crop industry by
developing and disseminating science-based tools and
information, including--
``(A) research conducted with respect to pulse crops
in the areas of health and nutrition, such as--
``(i) pulse crop diets and the ability of such
diets to reduce obesity and associated chronic
disease; and
``(ii) the underlying mechanisms of the health
benefits of pulse crop consumption;
``(B) research related to the functionality of pulse
crops, such as--
``(i) improving the functional properties of
pulse crops and pulse crop fractions; and
``(ii) developing new and innovative
technologies to improve pulse crops as an
ingredient in food products;
``(C) research conducted with respect to pulse crops
for purposes of enhancing sustainability and global food
security, such as--
``(i) improving pulse crop productivity,
nutrient density, and phytonutrient content using
plant breeding, genetics, and genomics;
``(ii) improving pest and disease management,
including resistance to pests and diseases; and
``(iii) improving nitrogen fixation and water
use efficiency to reduce the carbon and energy
footprint of agriculture;
``(D) the optimization of systems used in producing
pulse crops to reduce water usage; and
``(E) education and technical assistance programs
with respect to pulse crops, such as programs--
``(i) providing technical expertise to help
food companies include pulse crops in innovative
and healthy food; and
``(ii) establishing an educational program to
encourage pulse crop consumption in the United
States.
[[Page 128 STAT. 883]]
``(3) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)) shall apply with respect
to the making of a competitive grant under this subsection.
``(4) Priorities.--In making competitive grants under this
subsection, the Secretary shall provide a higher priority to
projects that--
``(A) are multistate, multiinstitutional, and
multidisciplinary; and
``(B) include explicit mechanisms to communicate
results to the pulse crop industry and the public.
``(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2014 through 2018.'';
(7) by striking subsection (f) (as redesignated by such
section) and inserting the following new subsection:
``(f) Training Coordination for Food and Agriculture Protection.--
``(1) In general.--The Secretary shall make a competitive
grant to, or enter into a contract or a cooperative agreement
with, an eligible entity (described in paragraph (2)) for
purposes of establishing an internationally integrated training
system to enhance the protection of the food supply in the
United States, to be known as the `Comprehensive Food Safety
Training Network' (referred to in this subsection as the
`Network').
``(2) Eligibility.--
``(A) In general.--For purposes of this subsection,
an eligible entity is a multiinstitutional consortium
that includes--
``(i) a nonprofit institution that provides
food safety protection training; and
``(ii) one or more training centers in
institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) that have demonstrated expertise
in developing and delivering community-based
training in food supply and agricultural safety
and defense.
``(B) Collective consideration.--The Secretary may
consider such consortium collectively and not on an
institution-by-institution basis.
``(3) Duties of eligible entity.--As a condition of
receiving a competitive grant or entering into a contract or a
cooperative agreement with the Secretary under this subsection,
the eligible entity, in cooperation with the Secretary, shall
establish and maintain the Network, including by--
``(A) providing basic, technical, management, and
leadership training (including by developing curricula)
to regulatory and public health officials, producers,
processors, and other agribusinesses;
``(B) serving as the hub for the administration of
the Network;
``(C) implementing a standardized national
curriculum to ensure the consistent delivery of quality
training throughout the United States;
[[Page 128 STAT. 884]]
``(D) building and overseeing a nationally
recognized instructor cadre to ensure the availability
of highly qualified instructors;
``(E) reviewing training proposed through the
National Institute of Food and Agriculture and other
relevant Federal agencies that report to the Secretary
on the quality and content of proposed and existing
courses;
``(F) assisting Federal agencies in the
implementation of food safety protection training
requirements including requirements under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
the Agricultural Act of 2014, and any provision of law
amended by such Act; and
``(G) performing evaluation and outcome-based
studies to provide to the Secretary information on the
effectiveness and impact of training and metrics on
jurisdictions and sectors within the food safety system.
``(4) Membership.--An eligible entity may alter the
consortium membership to meet specific training expertise needs.
``(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $20,000,000 for
each of fiscal years 2014 through 2018, to remain available
until expended.'';
(8) in subsection (g) (as redesignated by such section)--
(A) by striking ``2012'' each place it appears in
paragraphs (1)(B), (2)(B), and (3) and inserting
``2018'';
(B) in paragraph (3)--
(i) in the heading, by striking ``pest and
pathogen''; and
(ii) by striking ``pest and pathogen
surveillance'' and inserting ``pest, pathogen,
health, and population status surveillance'';
(C) by redesignating paragraph (4) as paragraph (5);
(D) by inserting after paragraph (3) the following
new paragraph:
``(4) Consultation.--The Secretary, in consultation with the
Secretary of the Interior and the Administrator of the
Environmental Protection Agency, shall publish guidance on
enhancing pollinator health and the long-term viability of
populations of pollinators, including recommendations related
to--
``(A) allowing for managed honey bees to forage on
National Forest System lands where compatible with other
natural resource management priorities; and
``(B) planting and maintaining managed honey bee and
native pollinator foraging on National Forest System
lands where compatible with other natural resource
management priorities.''; and
(E) in paragraph (5) (as redesignated by
subparagraph (C))--
(i) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and moving
the margins of such subparagraphs two ems to the
right;
(ii) by striking ``annual report describing''
and inserting the following: ``annual report--
``(A) describing'';
(iii) in clause (i) (as redesignated by clause
(i) of this subparagraph)--
[[Page 128 STAT. 885]]
(I) by inserting ``and honey bee
health disorders'' after ``collapse'';
and
(II) by striking ``and'' at the end;
(iv) in clause (ii) (as redesignated by clause
(i) of this subparagraph)--
(I) by inserting ``, including best
management practices'' after
``strategies''; and
(II) by striking the period at the
end and inserting ``; and'';
(v) by adding at the end the following new
clause:
``(iii) addressing the decline of managed
honey bees and native pollinators;''; and
(vi) by adding at the end the following new
subparagraphs:
``(B) assessing Federal efforts to mitigate
pollinator losses and threats to the United States
commercial beekeeping industry; and
``(C) providing recommendations to Congress
regarding how to better coordinate Federal agency
efforts to address the decline of managed honey bees and
native pollinators.''; and
(9) in subsection (h) (as redesignated by paragraph (4)), by
striking ``2012'' and inserting ``2018''.
SEC. 7210. REPEAL OF NUTRIENT MANAGEMENT RESEARCH AND EXTENSION
INITIATIVE.
Section 1672A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925a) is repealed.
SEC. 7211. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, education,'' after ``support research'';
(B) in paragraph (1), by inserting ``and
improvement'' after ``development'';
(C) in paragraph (2), by striking ``to producers and
processors who use organic methods'' and inserting ``of
organic agricultural production and methods to
producers, processors, and rural communities''; and
(D) in paragraph (6), by striking ``and marketing
and to socioeconomic conditions'' and inserting ``,
marketing, food safety, socioeconomic conditions, and
farm business management''; and
(2) in subsection (e) (as redesignated by section
7128(b)(2)(D)(ii))--
(A) in paragraph (1)--
(i) in the heading, by striking ``for fiscal
years 2009 through 2012'';
(ii) in subparagraph (A), by striking ``and''
at the end;
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) $20,000,000 for each of fiscal years 2014
through 2018.''; and
[[Page 128 STAT. 886]]
(B) in paragraph (2)--
(i) in the heading, by striking ``2009 through
2012'' and inserting ``2014 through 2018''; and
(ii) by striking ``2009 through 2012'' and
inserting ``2014 through 2018''.
SEC. 7212. REPEAL OF AGRICULTURAL BIOENERGY FEEDSTOCK AND ENERGY
EFFICIENCY RESEARCH AND EXTENSION
INITIATIVE.
(a) Repeal.--Section 1672C of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925e) is repealed.
(b) Conforming Amendment.--Section 251(f)(1)(D) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is
amended--
(1) by striking clause (xi); and
(2) by redesignating clauses (xii) and (xiii) as clauses
(xi) and (xii), respectively.
SEC. 7213. FARM BUSINESS MANAGEMENT.
Section 1672D(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925f(d)) is amended by striking ``such sums as
are necessary to carry out this section.'' and inserting the following:
``to carry out this section--
``(1) such sums as are necessary for fiscal year 2013; and
``(2) $5,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7214. CENTERS OF EXCELLENCE.
(a) In General.--The Food, Agriculture, Conservation, and Trade Act
of 1990 is amended by inserting after section 1672D (7 U.S.C. 5925f) the
following new section:
``SEC. 1673. <<NOTE: 7 USC 5926.>> CENTERS OF EXCELLENCE.
``(a) Funding Priorities.--The Secretary shall prioritize centers of
excellence established for purposes of carrying out research, extension,
and education activities relating to the food and agricultural sciences
(as defined in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) for the
receipt of funding for any competitive research or extension program
administered by the Secretary.
``(b) Composition.--A center of excellence is composed of 1 or more
of the eligible entities specified in subsection (b)(7) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(b)(7)) that provide financial or in-kind support to the center of
excellence.
``(c) Criteria for Centers of Excellence.--
``(1) Required efforts.--The criteria for recognition as a
center of excellence shall include efforts--
``(A) to ensure coordination and cost effectiveness
by reducing unnecessarily duplicative efforts regarding
research, teaching, and extension;
``(B) to leverage available resources by using
public-private partnerships among agricultural industry
groups, institutions of higher education, and the
Federal Government;
``(C) to implement teaching initiatives to increase
awareness and effectively disseminate solutions to
target audiences through extension activities; and
[[Page 128 STAT. 887]]
``(D) to increase the economic returns to rural
communities by identifying, attracting, and directing
funds to high-priority agricultural issues.
``(2) Additional efforts.--Where practicable, the criteria
for recognition as a center of excellence shall include efforts
to improve teaching capacity and infrastructure at colleges and
universities (including land-grant colleges and universities,
cooperating forestry schools, NLGCA Institutions (as those terms
are defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)), and schools of veterinary medicine).''.
(b) <<NOTE: 7 USC 5926 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect on October 1, 2014.
SEC. 7215. REPEAL OF RED MEAT SAFETY RESEARCH CENTER.
Section 1676 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5929) is repealed.
SEC. 7216. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH
DISABILITIES.
Section 1680(c)(1) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5933(c)(1)) is amended--
(1) by striking ``is'' and inserting ``are''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(A) $6,000,000 for each of fiscal years 1999
through 2013; and
``(B) $5,000,000 for each of fiscal years 2014
through 2018.''.
SEC. 7217. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking ``2012'' and
inserting ``2018''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. RELEVANCE AND MERIT OF AGRICULTURAL RESEARCH,
EXTENSION, AND EDUCATION FUNDED BY THE
DEPARTMENT.
Section 103(a)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(a)(2)) is amended--
(1) in the heading by striking ``Merit review of extension''
and inserting ``Relevance and merit review of research,
extension,'';
(2) in subparagraph (A)--
(A) by inserting ``relevance and'' before ``merit'';
and
(B) by striking ``extension or education'' and
inserting ``research, extension, or education''; and
(3) in subparagraph (B), by inserting ``on a continuous
basis'' after ``procedures''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION
COMPETITIVE GRANTS PROGRAM.
Subsection (e) of section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) (as
[[Page 128 STAT. 888]]
redesignated by section 7128(b)(3)(A)(ii)) is amended by striking
``2012'' and inserting ``2018''.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM
GRAMINEARUM OR BY TILLETIA INDICA.
Section 408(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended to read as
follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as may be necessary for each of fiscal years
1999 through 2013; and
``(2) $10,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7304. REPEAL OF BOVINE JOHNE'S DISEASE CONTROL PROGRAM.
Section 409 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7629) is repealed.
SEC. 7305. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)) is amended by striking
``section such sums as are necessary'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2013; and
``(2) $3,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7306. SPECIALTY CROP RESEARCH INITIATIVE.
Section 412 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7632) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2) (as so
redesignated), the following new paragraph:
``(1) Citrus disease subcommittee.--The term `citrus disease
subcommittee' means the subcommittee established under section
1408A(a)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977.''; and
(C) by adding at the end the following new
paragraph:
``(4) Specialty crops committee.--The term `specialty crops
committee' means the committee established under section 1408A
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3123a).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and genomics''
and inserting ``genomics, and other methods''; and
(B) in paragraph (3), by inserting ``handling and
processing,'' after ``production efficiency,'';
(3) in subsection (c), in the matter preceding paragraph
(1), by striking ``the Initiative'' and inserting ``this
section'';
(4) by striking subsection (d) and inserting the following
new subsection:
``(d) Review of Proposals.--In carrying out this section, the
Secretary shall award competitive grants on the basis of--
[[Page 128 STAT. 889]]
``(1) a scientific peer review conducted by a panel of
subject matter experts from Federal agencies, non-Federal
entities, and the specialty crop industry; and
``(2) a review and ranking for merit, relevance, and impact
conducted by a panel of specialty crop industry representatives
for the specific specialty crop.'';
(5) by redesignating subsections (e) (as amended by section
7128(b)(3)(B)), (f), (g), and (h) as subsections (g), (h), (i),
and (k), respectively;
(6) by inserting after subsection (d) the following new
subsections:
``(e) Consultation.--Each fiscal year, before conducting the
scientific peer review described in paragraph (1) of subsection (d) and
the merit and relevancy review described in paragraph (2) of such
subsection, the Secretary shall consult with the specialty crops
committee regarding such reviews. The committee shall provide the
Secretary--
``(1) in the first fiscal year in which that consultation
occurs, any recommendations for conducting such reviews in such
fiscal year; and
``(2) in any subsequent fiscal year in which such
consultation occurs--
``(A) an assessment of the procedures and objectives
used by the Secretary for such reviews in the previous
fiscal year;
``(B) any recommendations for such reviews for the
current fiscal year; and
``(C) any comments on grants awarded under
subsection (d) during the previous fiscal year.
``(f) Report.--The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on--
``(1) the results of the consultations with the specialty
crops committee (and subcommittees thereof) conducted under
subsection (e) of this section and subsection (g) of section
1408A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3123a);
``(2) the specialty crops committee's (and subcommittees
thereof) recommendations, if any, provided to the Secretary
during such consultations; and
``(3) the specialty crops committee's (and subcommittees
thereof) review of the grants awarded under subsection (d) and
(j), as applicable, in the previous fiscal year.'';
(7) in subsection (g) (as so redesignated)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(1) In general.--With respect to grants awarded under this
section, the Secretary shall seek and accept proposals for
grants.''; and
(B) in paragraph (3) (as redesignated by section
7128(b)(3)(B)), by striking ``this section'' and
inserting ``the Initiative'';
(8) in subsection (h) (as so redesignated), in the matter
preceding paragraph (1), by striking ``this section'' and
inserting ``the Initiative'';
(9) in subsection (k) (as so redesignated)--
[[Page 128 STAT. 890]]
(A) in paragraph (1)--
(i) by striking ``(1) Mandatory funding for
fiscal years 2008 through 2012.--Of the funds''
and inserting the following:
``(1) Mandatory funding.--
``(A) Fiscal years 2008 through 2012.--Of the
funds''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Subsequent funding.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $80,000,000 for
fiscal year 2014 and each fiscal year thereafter.
``(C) Reservation.--For each of fiscal years 2014
through 2018, the Secretary shall reserve not less than
$25,000,000 of the funds made available under
subparagraph (B) to carry out the program established
under subsection (j).
``(D) Availability of funds.--Funds reserved under
subparagraph (C) shall remain available and reserved for
the purpose described in such subparagraph until
expended.''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``2008 through
2012'' and inserting ``2014 through 2018'' ; and
(ii) by striking ``2008 through 2012'' and
inserting ``2014 through 2018''; and
(10) by inserting after subsection (i) the following new
subsection:
``(j) Emergency Citrus Disease Research and Extension Program.--
``(1) Establishment and purpose.--The Secretary shall
establish a competitive research and extension grant program to
combat diseases of citrus under which the Secretary awards
competitive grants to eligible entities--
``(A) to conduct scientific research and extension
activities, technical assistance, and development
activities to combat citrus diseases and pests, both
domestic and invasive, which pose imminent harm to the
United States citrus production and threaten the future
viability of the citrus industry, including
huanglongbing and the Asian Citrus Psyllid; and
``(B) to provide support for the dissemination and
commercialization of relevant information, techniques,
and technologies discovered pursuant to research and
extension activities funded through--
``(i) the emergency citrus disease research
and extension program; or
``(ii) other research and extension projects
intended to solve problems caused by citrus
production diseases and invasive pests.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to grants that address the
research and extension priorities established pursuant to
subsection (g)(4) of section 1408A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3123a).
[[Page 128 STAT. 891]]
``(3) Coordination.--When developing the proposed research
and extension agenda and budget under subsection (g)(2) of
section 1408A of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123a) for the funds
made available under this subsection for a fiscal year, the
citrus disease subcommittee shall--
``(A) seek input from Federal and State agencies and
other entities involved in citrus disease response; and
``(B) take into account other public and private
citrus-related research and extension projects and the
funding for such projects.
``(4) Nonduplication.--The Secretary shall ensure that funds
made available to carry out the emergency citrus disease
research and extension activities under this subsection shall be
in addition to and not supplant funds made available to carry
out other citrus disease activities carried out by the
Department of Agriculture in consultation with State agencies.
``(5) Authorization of appropriations.--In addition to the
amounts reserved under subsection (k)(1)(C), there are
authorized to be appropriated to carry out this subsection,
$25,000,000 for each of fiscal years 2014 through 2018.
``(6) Definitions.--In this subsection:
``(A) Citrus.--The term `citrus' means edible fruit
of the family Rutaceae, including any hybrid of such
fruits and products of such hybrids that are produced
for commercial purposes in the United States.
``(B) Citrus producer.--The term `citrus producer'
means any person that is engaged in the domestic
production and commercial sale of citrus in the United
States.
``(C) Emergency citrus disease research and
extension program.--The term `emergency citrus disease
research and extension program' means the emergency
citrus research and extension grant program established
under this subsection.''.
SEC. 7307. [H7308] FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking
``2012'' and inserting ``2018''.
SEC. 7308. REPEAL OF NATIONAL SWINE RESEARCH CENTER.
Section 612 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (Public Law 105-185; 112 Stat. 605) is repealed.
SEC. 7309. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)) is amended--
(1) by striking ``such sums as are necessary''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
1999 through 2013; and
``(2) $3,000,000 for each of fiscal years 2014 through
2018.''.
[[Page 128 STAT. 892]]
SEC. 7310. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
Subtitle B of title VI of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7651 et seq.) is amended by
inserting after section 616 (7 U.S.C. 7655) the following new section:
``SEC. 617. <<NOTE: 7 USC 7655b.>> FORESTRY PRODUCTS ADVANCED
UTILIZATION RESEARCH.
``(a) Establishment.--The Secretary shall establish a forestry and
forestry products research and extension initiative to develop and
disseminate science-based tools that address the needs of the forestry
sector and their respective regions, forest and timberland owners and
managers, and forestry products engineering, manufacturing, and related
interests.
``(b) Activities.--The initiative described in subsection (a) shall
include the following activities:
``(1) Research conducted for purposes of--
``(A) wood quality improvement with respect to
lumber strength and grade yield;
``(B) the development of novel engineered lumber
products and renewable energy from wood; and
``(C) enhancing the longevity, sustainability, and
profitability of timberland through sound management and
utilization.
``(2) Demonstration activities and technology transfer to
demonstrate the beneficial characteristics of wood as a green
building material, including investments in life cycle
assessment for wood products.
``(3) Projects designed to improve--
``(A) forestry products, lumber, and evaluation
standards and valuation techniques;
``(B) lumber quality and value-based, on-forest
management techniques; and
``(C) forestry products conversion and manufacturing
efficiency, productivity, and profitability over the
long term (including forestry product marketing).
``(c) Grants.--
``(1) In general.--The Secretary shall make competitive
grants to carry out the activities described in subsection (b).
``(2) Priorities.--In making grants under this section, the
Secretary shall give higher priority to activities that are
carried out by entities that--
``(A) are multistate, multiinstitutional, or
multidisciplinary;
``(B) have explicit mechanisms to communicate
results to producers, forestry industry stakeholders,
policymakers, and the public; and
``(C) have--
``(i) extensive history and demonstrated
experience in forestry and forestry products
research;
``(ii) existing capacity in forestry products
research and dissemination; and
``(iii) a demonstrated means of evaluating and
responding to the needs of the related commercial
sector.
``(3) Administration.--In making grants under this section,
the Secretary shall follow the requirements of paragraphs
[[Page 128 STAT. 893]]
(4), (7), (8), and (11)(B) of subsection (b) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i).
``(4) Term.--The term of a grant made under this section may
not exceed 10 years.
``(d) Coordination.--The Secretary shall ensure that any activities
carried out under this section are carried out in coordination with the
Forest Service, including the Forest Products Laboratory, and other
appropriate agencies of the Department.
``(e) Report.--The Secretary shall submit an annual report to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
describing, for the period covered by the report--
``(1) the research that has been conducted under paragraph
(2) of subsection (b);
``(2) the number of buildings the Forest Service has built
with wood as the primary structural material; and
``(3) the investments made by the Forest Service in green
building and wood promotion.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $7,000,000 for each of fiscal years
2014 through 2018.
``(2) Matching funds.--To the extent practicable, the
Secretary shall match any funds made available under paragraph
(1) with funds made available under section 7 of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16
U.S.C.1646).''.
SEC. 7311. REPEAL OF STUDIES OF AGRICULTURAL RESEARCH, EXTENSION,
AND EDUCATION.
Subtitle C of title VI of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7671 et seq.) is repealed.
Subtitle D--Other Laws
SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT.
Section 16(a) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)) is amended--
(1) by striking ``such sums as are necessary''; and
(2) by striking ``Act'' and all that follows and inserting
the following: ``Act--
``(1) such sums as are necessary for each of fiscal years
1991 through 2013; and
``(2) $2,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Definition of 1994 Institution.--
(1) In general.--Section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law
103-382) is amended to read as follows:
``SEC. 532. DEFINITION OF 1994 INSTITUTION.
``In this part, the term `1994 Institution' means any of the
following colleges:
``(1) Aaniiih Nakoda College.
[[Page 128 STAT. 894]]
``(2) Bay Mills Community College.
``(3) Blackfeet Community College.
``(4) Cankdeska Cikana Community College.
``(5) Chief Dull Knife College.
``(6) College of Menominee Nation.
``(7) College of the Muscogee Nation.
``(8) D-Q University.
``(9) Dine College.
``(10) Fond du Lac Tribal and Community College.
``(11) Fort Berthold Community College.
``(12) Fort Peck Community College.
``(13) Haskell Indian Nations University.
``(14) Ilisagvik College.
``(15) Institute of American Indian and Alaska Native
Culture and Arts Development.
``(16) Keweenaw Bay Ojibwa Community College.
``(17) Lac Courte Oreilles Ojibwa Community College.
``(18) Leech Lake Tribal College.
``(19) Little Big Horn College.
``(20) Little Priest Tribal College.
``(21) Navajo Technical College.
``(22) Nebraska Indian Community College.
``(23) Northwest Indian College.
``(24) Oglala Lakota College.
``(25) Saginaw Chippewa Tribal College.
``(26) Salish Kootenai College.
``(27) Sinte Gleska University.
``(28) Sisseton Wahpeton College.
``(29) Sitting Bull College.
``(30) Southwestern Indian Polytechnic Institute.
``(31) Stone Child College.
``(32) Tohono O'odham Community College.
``(33) Turtle Mountain Community College.
``(34) United Tribes Technical College.
``(35) White Earth Tribal and Community College.''.
(2) <<NOTE: 7 USC 301 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect on October 1,
2014.
(b) Endowment for 1994 Institutions.--Section 533(b) of the Equity
in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended in the first sentence by striking ``2012'' and
inserting ``2018''.
(c) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``2012'' each place it
appears in subsections (b)(1) and (c) and inserting ``2018''.
(d) Research Grants.--
(1) Authorization of appropriations.--Section 536(c) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended in the first sentence
by striking ``2012'' and inserting ``2018''.
(2) Research grant requirements.--Section 536(b) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended by striking ``with at
least 1 other land-grant college or university'' and all that
follows and inserting the following: ``with--
[[Page 128 STAT. 895]]
``(1) the Agricultural Research Service of the Department of
Agriculture; or
``(2) at least 1--
``(A) other land-grant college or university
(exclusive of another 1994 Institution);
``(B) non-land-grant college of agriculture (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)); or
``(C) cooperating forestry school (as defined in
that section).''.
SEC. 7403. RESEARCH FACILITIES ACT.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is
amended by striking ``2012'' and inserting ``2018''.
SEC. 7404. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT
ACT.
(a) Extension.--Subsection (b)(11)(A) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b)(11)(A)) is amended,
in the matter preceding clause (i), by striking ``2012'' and inserting
``2018''.
(b) Priority Areas.--Subsection (b)(2) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b)(2)) is amended--
(1) in subparagraph (B)--
(A) in clause (vii), by striking ``and'' at the end;
(B) in clause (viii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(ix) the research and development of
surveillance methods, vaccines, vaccination
delivery systems, or diagnostic tests for pests
and diseases, including--
``(I) epizootic diseases in domestic
livestock (including deer, elk, bison,
and other animals of the family
Cervidae); and
``(II) zoonotic diseases (including
bovine brucellosis and bovine
tuberculosis) in domestic livestock or
wildlife reservoirs that present a
potential concern to public health; and
``(x) the identification of animal drug needs
and the generation and dissemination of data for
safe and effective therapeutic applications of
animal drugs for minor species and minor uses of
such drugs in major species.'';
(2) in subparagraph (D)--
(A) in the heading, by striking ``Renewable energy''
and inserting ``Bioenergy'';
(B) by redesignating clauses (iv), (v), and (vi) as
clauses (v), (vi), and (vii), respectively; and
(C) by inserting after clause (iii) the following
new clause:
``(iv) the effectiveness of conservation
practices and technologies designed to address
nutrient losses and improve water quality;''; and
(3) in subparagraph (F)--
(A) in the matter preceding clause (i), by inserting
``economics,'' after ``trade,'';
[[Page 128 STAT. 896]]
(B) by redesignating clauses (v) and (vi) as clauses
(vi) and (vii), respectively; and
(C) by inserting after clause (iv) the following new
clause:
``(v) the economic costs, benefits, and
viability of producers adopting conservation
practices and technologies designed to improve
water quality;''.
(c) General Administration.--Subsection (b)(4) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(4)) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) establish procedures, including timelines,
under which an entity established under a commodity
promotion law (as such term is defined under section
501(a) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7401(a))) or a State commodity
board (or other equivalent State entity) may directly
submit to the Secretary for consideration proposals for
requests for applications that specifically address
particular issues related to the priority areas
specified in paragraph (2). ''.
(d) Special Considerations.--Subsection (b)(6) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(6)) is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) to eligible entities to carry out the specific
proposals submitted under procedures established under
paragraph (4)(F) only if such specific proposals are
consistent with a priority area specified in paragraph
(2).''.
(e) Eligible Entities.--Subsection (b)(7)(G) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(7)(G)) is
amended by striking ``or corporations'' and inserting ``, foundations,
or corporations''.
(f) Special Contribution Requirement for Certain Grants.--Subsection
(b)(9) of the Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i(b)(9)) (as amended by section 7128(b)(4)) is amended by
adding at the end the following new subparagraph:
``(B) Contribution requirement for commodity
promotion grants.--
``(i) In general.--Subject to clauses (ii) and
(iii), as a condition of funding a grant under
paragraph (6)(E), the Secretary shall require that
the grant be matched with an equal contribution of
funds from the entities described in paragraph
(4)(F) submitting proposals under procedures
established under such paragraph.
``(ii) Availability of funds.--
``(I) In general.--Contributions
required by clause (i) shall be
available to the Secretary for
obligation and remain available until
expended for
[[Page 128 STAT. 897]]
the purpose of making grants under
paragraph (6)(E).
``(II) Administration.--Of amounts
contributed to the Secretary under
clause (i), not more than 4 percent may
be retained by the Secretary to pay
administrative costs incurred by the
Secretary in carrying out this
subsection.
``(III) Restriction.--Funds
contributed to the Secretary by an
entity under clause (i) in connection
with a proposal submitted by that entity
under procedures established under
paragraph (4)(F) may only be used to
fund grants in connection with that
proposal.
``(IV) Remaining funds.--Funds
contributed to the Secretary by an
entity under clause (i) that remain
unobligated at the time of grant
closeout shall be returned to that
entity.
``(V) Indirect costs.--The indirect
cost rate applicable to appropriated
funds for a grant funded under paragraph
(6)(E) shall apply to amounts
contributed by an entity under clause
(i).
``(iii) Other matching funds requirements.--
The contribution requirement under clause (i)
shall be in addition to any matching funds
requirement for grant recipients required by
section 1492 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977.''.
(g) Inter-Regional Research Project Number 4.--Subsection (e) of the
Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i(e)) is amended--
(1) in paragraph (1)(A), by striking ``minor use
pesticides'' and inserting ``pesticides for minor agricultural
use and for use on specialty crops (as defined in section 3 of
the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621
note)),''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by inserting ``and for use
on specialty crops'' after ``minor agricultural use'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (G); and
(D) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) prioritize potential pest management
technology for minor agricultural use and for use on
specialty crops;
``(D) conduct research to develop the data necessary
to facilitate pesticide registrations, reregistrations,
and associated tolerances;
``(E) assist in removing trade barriers caused by
residues of pesticides registered for minor agricultural
use and for use on domestically grown specialty crops;
``(F) assist in the registration and reregistration
of pest management technologies for minor agricultural
use and for use on specialty crops; and''.
[[Page 128 STAT. 898]]
SEC. 7405. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in the first
sentence by striking ``2012'' and inserting ``2018''.
(b) Termination Date.--Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95-306) is
amended by striking ``2012'' and inserting ``2018''.
SEC. 7406. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809)
is amended by striking ``2012'' each place it appears and inserting
``2018''.
SEC. 7407. REPEAL OF USE OF REMOTE SENSING DATA.
Section 892 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 5935) is repealed.
SEC. 7408. REPEAL OF REPORTS UNDER FARM SECURITY AND RURAL
INVESTMENT ACT OF 2002.
(a) Repeal of Report on Producers and Handlers for Organic
Products.--Section 7409 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5925b note; Public Law 107-171) is repealed.
(b) Repeal of Report on Genetically Modified Pest-Protected
Plants.--Section 7410 of the Farm Security and Rural Investment Act of
2002 (Public Law 107-171; 116 Stat. 462) is repealed.
(c) Repeal of Study on Nutrient Banking.--Section 7411 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 5925a note; Public
Law 107-171) is repealed.
SEC. 7409. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
Section 7405 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3319f) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking subparagraphs (A)
through (R) and inserting the following new
subparagraphs:
``(A) basic livestock, forest management, and crop
farming practices;
``(B) innovative farm, ranch, and private,
nonindustrial forest land transfer strategies;
``(C) entrepreneurship and business training;
``(D) financial and risk management training
(including the acquisition and management of
agricultural credit);
``(E) natural resource management and planning;
``(F) diversification and marketing strategies;
``(G) curriculum development;
``(H) mentoring, apprenticeships, and internships;
``(I) resources and referral;
``(J) farm financial benchmarking;
``(K) assisting beginning farmers or ranchers in
acquiring land from retiring farmers and ranchers;
``(L) agricultural rehabilitation and vocational
training for veterans;
``(M) farm safety and awareness; and
[[Page 128 STAT. 899]]
``(N) other similar subject areas of use to
beginning farmers or ranchers.'';
(B) in paragraph (2)(C), by striking ``and
nongovernmental organization'' and inserting ``or
nongovernmental organization'';
(C) in paragraph (7), by striking ``and community-
based organizations'' and inserting ``, community-based
organizations, and school-based agricultural educational
organizations'';
(D) by striking paragraph (8) and inserting the
following new paragraph:
``(8) Set-asides.--
``(A) In general.--Not less than 5 percent of the
funds used to carry out this subsection for a fiscal
year shall be used to support programs and services that
address the needs of--
``(i) limited resource beginning farmers or
ranchers (as defined by the Secretary);
``(ii) socially disadvantaged farmers or
ranchers (as defined in section 355(e) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 2003(e)) who are beginning farmers or
ranchers; and
``(iii) farmworkers desiring to become farmers
or ranchers.
``(B) Veteran farmers and ranchers.--Not less than 5
percent of the funds used to carry out this subsection
for a fiscal year shall be used to support programs and
services that address the needs of veteran farmers and
ranchers (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(e))). ''; and
(E) by adding at the end the following new
paragraphs:
``(11) Limitation on indirect costs.--A recipient of a grant
under this subsection may not use more than 10 percent of the
funds provided by the grant for the indirect costs of carrying
out the initiatives described in paragraph (1).
``(12) Coordination permitted.--A recipient of a grant under
this subsection using the grant as described in paragraph (8)(B)
may coordinate with a recipient of a grant under section 1680 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5933) in addressing the needs of veteran farmers and
ranchers with disabilities.'';
(2) in subsection (h)(1)--
(A) in the paragraph heading, by striking ``2012''
and inserting ``2018'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) $20,000,000 for each of fiscal years 2014
through 2018, to remain available until expended.''; and
(3) in subsection (h)(2)--
(A) in the paragraph heading, by striking ``2008
through 2012'' and inserting ``2014 through 2018''; and
(B) by striking ``2008 through 2012'' and inserting
``2014 through 2018''.
[[Page 128 STAT. 900]]
SEC. 7410. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT AMENDMENTS OF 1985.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat.
1556) is amended by striking ``2012'' and inserting ``2018''.
Subtitle E--Food, Conservation, and Energy Act of 2008
PART I--AGRICULTURAL SECURITY
SEC. 7501. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8912(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2013; and
``(2) $2,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 7502. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND
RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8913) is amended--
(1) in subsection (a)(2)--
(A) by striking ``such sums as may be necessary'';
and
(B) by striking ``subsection'' and all that follows
and inserting the following: ``subsection--
``(A) such sums as are necessary for each of fiscal
years 2008 through 2013; and
``(B) $15,000,000 for each of fiscal years 2014
through 2018.''; and
(2) in subsection (b)(2), by striking ``is authorized to be
appropriated to carry out this subsection'' and all that follows
and inserting the following: ``are authorized to be appropriated
to carry out this subsection--
``(A) $25,000,000 for each of fiscal years 2008
through 2013; and
``(B) $15,000,000 for each of fiscal years 2014
through 2018.''.
SEC. 7503. RESEARCH AND DEVELOPMENT OF AGRICULTURAL
COUNTERMEASURES.
Section 14121(b) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8921(b)) is amended by striking ``is authorized to be
appropriated to carry out this section'' and all that follows and
inserting the following: ``are authorized to be appropriated to carry
out this section--
``(1) $50,000,000 for each of fiscal years 2008 through
2013; and
``(2) $15,000,000 for each of fiscal years 2014 through
2018.''.
[[Page 128 STAT. 901]]
SEC. 7504. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8922(e)) is amended--
(1) by striking ``sums as are necessary''; and
(2) by striking ``section'' and all that follows and
inserting the following: ``section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2013, to remain available until expended; and
``(2) $5,000,000 for each of fiscal years 2014 through 2018,
to remain available until expended.''.
PART II--MISCELLANEOUS PROVISIONS
SEC. 7511. <<NOTE: 7 USC 3125a note.>> ENHANCED USE LEASE
AUTHORITY PILOT PROGRAM.
Section 308 of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a) is amended--
(1) in subsection (b)(6)(A), by striking ``5 years'' and
inserting ``10 years''; and
(2) in subsection (d)(2), in the matter preceding
subparagraph (A), by striking ``1, 3, and 5 years'' and
inserting ``6, 8, and 10 years''.
SEC. 7512. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2019) is amended by striking ``5-year
period'' and inserting ``10-year period''.
SEC. 7513. BUDGET SUBMISSION AND FUNDING.
Section 7506 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7614c) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Definitions.--In this section:
``(1) Covered program.--The term `covered program' means--
``(A) each research program carried out by the
Agricultural Research Service or the Economic Research
Service for which annual appropriations are requested in
the annual budget submission of the President; and
``(B) each competitive program carried out by the
National Institute of Food and Agriculture for which
annual appropriations are requested in the annual budget
submission of the President.
``(2) Request for applications.--The term `request for
applications' means a funding announcement published by the
National Institute of Food and Agriculture that provides
detailed information on funding opportunities at the Institute,
including the purpose, eligibility, restriction, focus areas,
evaluation criteria, regulatory information, and instructions on
how to apply for such opportunities.''; and
(2) by adding at the end the following new subsections:
``(e) Additional Presidential Budget Submission Requirement.--
``(1) In general.--Each year, the President shall submit to
Congress for each funding request for a covered program--
[[Page 128 STAT. 902]]
``(A) in the case of the information described in
paragraph (2), such information together with the annual
budget submission of the President; and
``(B) in the case of any additional information
described in paragraph (3), such additional information
within a reasonable period that begins after the date of
the annual budget submission of the President.
``(2) Information described.--The information described in
this paragraph includes--
``(A) baseline information, including with respect
to each covered program--
``(i) the funding level for the program for
the fiscal year preceding the year for which the
annual budget submission of the President is
submitted;
``(ii) the funding level requested in the
annual budget submission of the President,
including any increase or decrease in the funding
level; and
``(iii) an explanation justifying any change
from the funding level specified in clause (i) to
the level specified in clause (ii);
``(B) with respect to each covered program that is
carried out by the Economic Research Service or the
Agricultural Research Service, the location and staff
years of the program;
``(C) the proposed funding levels to be allocated
to, and the expected publication date, scope, and
allocation level for, each request for applications to
be published under or associated with--
``(i) each priority area specified in
subsection (b)(2) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C.
450i(b)(2));
``(ii) each research and extension project
carried out under section 1621(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5811(a));
``(iii) each grant awarded under section
1672B(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925b(a));
``(iv) each grant awarded under section 412(d)
of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7632(d));
and
``(v) each grant awarded under section
7405(c)(1) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f(c)(1)); and
``(D) any other information the Secretary determines
will increase congressional oversight with respect to
covered programs.
``(3) Additional information described.--The additional
information described in this paragraph is information that the
Secretary, after consulting with the Committee on Agriculture of
the House of Representatives, the Committee on Agriculture,
Nutrition, and Forestry of the Senate, and the Subcommittees on
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies of the Committee on Appropriations of the
House of Representatives and the Senate, determines is a
necessary revision or clarification to the information described
in paragraph (2).
[[Page 128 STAT. 903]]
``(4) Prohibition.--Unless the President submits the
information described in paragraph (2)(C) for a fiscal year, the
President may not carry out any program during that fiscal year
that is authorized under--
``(A) subsection (b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b));
``(B) section 1621 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811);
``(C) section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b);
``(D) section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7632); or
``(E) section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).
``(f) Report of the Secretary of Agriculture.--Each year on a date
that is not later than the date on which the President submits the
annual budget, the Secretary shall submit to Congress a report
containing a description of the agricultural research, extension, and
education activities carried out by the Federal Government during the
fiscal year that immediately precedes the year for which the report is
submitted, including--
``(1) a review of the extent to which those activities--
``(A) are duplicative or overlap within the
Department of Agriculture; or
``(B) are similar to activities carried out by--
``(i) other Federal agencies;
``(ii) the States (including the District of
Columbia, the Commonwealth of Puerto Rico and
other territories or possessions of the United
States);
``(iii) institutions of higher education (as
defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)); or
``(iv) the private sector; and
``(2) for each report submitted under this section on or
after January 1, 2014, a 5-year projection of national
priorities with respect to agricultural research, extension, and
education, taking into account domestic needs.
``(g) Interchangeability of Funds.--Nothing in this section shall be
construed so as to limit the authority of the Secretary under section
702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257(b)), with respect to the reprogramming or transfer of funds.''.
SEC. 7514. REPEAL OF SEED DISTRIBUTION.
Section 7523 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 415-1) is repealed.
SEC. 7515. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5937(e)) is amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2014 through 2018.''.
SEC. 7516. SUN GRANT PROGRAM.
(a) In General.--Section 7526 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8114) is amended--
[[Page 128 STAT. 904]]
(1) in subsection (a)(4)(B), by striking ``the Department of
Energy'' and inserting ``other appropriate Federal agencies (as
determined by the Secretary)'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``at South
Dakota State University'';
(B) in subparagraph (B), by striking ``at the
University of Tennessee at Knoxville'';
(C) in subparagraph (C), by striking ``at Oklahoma
State University'';
(D) in subparagraph (D), by striking ``at Oregon
State University'';
(E) in subparagraph (E), by striking ``at Cornell
University''; and
(F) in subparagraph (F), by striking ``at the
University of Hawaii'';
(3) in subsection (c)(1)--
(A) in subparagraph (B), by striking ``multistate''
and all that follows through ``technology
implementation'' and inserting ``integrated, multistate
research, extension, and education programs on
technology development and technology implementation'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as
subparagraph (C);
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in accordance with paragraph
(2)'';
(ii) by striking ``gasification'' and
inserting ``bioproducts''; and
(iii) by striking ``the Department of Energy''
and inserting ``other appropriate Federal
agencies'';
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(5) in subsection (g), by striking ``2012'' and inserting
``2018''.
(b) Conforming Amendment.--Section 7526(f)(1) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8114(f)) is amended by
striking ``subsection (c)(1)(D)(i)'' and inserting ``subsection
(c)(1)(C)(i)''.
SEC. 7517. REPEAL OF STUDY AND REPORT ON FOOD DESERTS.
Section 7527 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2039) is repealed.
SEC. 7518. REPEAL OF AGRICULTURAL AND RURAL TRANSPORTATION
RESEARCH AND EDUCATION.
Section 7529 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5938) is repealed.
Subtitle F--Miscellaneous Provisions
SEC. 7601. <<NOTE: 7 USC 5939.>> FOUNDATION FOR FOOD AND
AGRICULTURE RESEARCH.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
described in subsection (e).
[[Page 128 STAT. 905]]
(2) Department.--The term ``Department'' means the
Department of Agriculture.
(3) Foundation.--The term ``Foundation'' means the
Foundation for Food and Agriculture Research established under
subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Establishment.--
(1) In general.--The Secretary shall establish a nonprofit
corporation to be known as the ``Foundation for Food and
Agriculture Research''.
(2) Status.--The Foundation shall not be an agency or
instrumentality of the United States Government.
(c) Purposes.--The purposes of the Foundation shall be--
(1) to advance the research mission of the Department by
supporting agricultural research activities focused on
addressing key problems of national and international
significance including--
(A) plant health, production, and plant products;
(B) animal health, production, and products;
(C) food safety, nutrition, and health;
(D) renewable energy, natural resources, and the
environment;
(E) agricultural and food security;
(F) agriculture systems and technology; and
(G) agriculture economics and rural communities; and
(2) to foster collaboration with agricultural researchers
from the Federal Government, State (as defined in section 1404
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)) governments, institutions of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), industry, and nonprofit
organizations.
(d) Duties.--
(1) In general.--The Foundation shall--
(A) award grants to, or enter into contracts,
memoranda of understanding, or cooperative agreements
with, scientists and entities, which may include
agricultural research agencies in the Department,
university consortia, public-private partnerships,
institutions of higher education, nonprofit
organizations, and industry, to efficiently and
effectively advance the goals and priorities of the
Foundation;
(B) in consultation with the Secretary--
(i) identify existing and proposed Federal
intramural and extramural research and development
programs relating to the purposes of the
Foundation described in subsection (c); and
(ii) coordinate Foundation activities with
those programs so as to minimize duplication of
existing efforts and to avoid conflicts;
(C) identify unmet and emerging agricultural
research needs after reviewing the roadmap for
agricultural research, education, and extension
authorized by section 7504 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 7614a);
[[Page 128 STAT. 906]]
(D) facilitate technology transfer and release of
information and data gathered from the activities of the
Foundation to the agricultural research community;
(E) promote and encourage the development of the
next generation of agricultural research scientists; and
(F) carry out such other activities as the Board
determines to be consistent with the purposes of the
Foundation.
(2) Relationship to other activities.--The activities
described in paragraph (1) shall be supplemental to any other
activities at the Department and shall not preempt any authority
or responsibility of the Department under another provision of
law.
(e) Board of Directors.--
(1) Establishment.--The Foundation shall be governed by a
Board of Directors.
(2) Composition.--
(A) In general.--The Board shall be composed of
appointed and ex-officio, nonvoting members.
(B) Ex-officio members.--The ex-officio members of
the Board shall be the following individuals or
designees of such individuals:
(i) The Secretary.
(ii) The Under Secretary of Agriculture for
Research, Education, and Economics.
(iii) The Administrator of the Agricultural
Research Service.
(iv) The Director of the National Institute of
Food and Agriculture.
(v) The Director of the National Science
Foundation.
(C) Appointed members.--
(i) In general.--The ex-officio members of the
Board (as specified in subparagraph (B)) shall, by
majority vote, appoint to the Board 15
individuals, of whom--
(I) 8 shall be selected from a list
of candidates to be provided by the
National Academy of Sciences; and
(II) 7 shall be selected from lists
of candidates provided by industry.
(ii) Requirements.--
(I) Expertise.--The ex-officio
members shall ensure that a majority of
the appointed members of the Board have
actual experience in agricultural
research and, to the extent practicable,
represent diverse sectors of
agriculture.
(II) Limitation.--No employee of the
Federal Government may serve as an
appointed member of the Board under this
subparagraph.
(III) Not federal employment.--
Appointment to the Board under this
subparagraph shall not constitute
Federal employment.
(iii) Authority.--All appointed members of the
Board shall be voting members.
(D) Chair.--The Board shall, from among the members
of the Board, designate an individual to serve as Chair
of the Board.
[[Page 128 STAT. 907]]
(3) Initial meeting.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall convene a meeting
of the ex-officio members of the Board--
(A) to incorporate the Foundation; and
(B) to appoint the members of the Board in
accordance with paragraph (2)(C)(i).
(4) Duties.--
(A) In general.--The Board shall--
(i) establish bylaws for the Foundation that,
at a minimum, include--
(I) policies for the selection of
future Board members, officers,
employees, agents, and contractors of
the Foundation;
(II) policies, including ethical
standards, for--
(aa) the acceptance,
solicitation, and disposition of
donations and grants to the
Foundation; and
(bb) the disposition of
assets of the Foundation,
including appropriate limits on
the ability of donors to
designate, by stipulation or
restriction, the use or
recipient of donated funds;
(III) policies that would subject
all employees, fellows, trainees, and
other agents of the Foundation
(including members of the Board) to
conflict of interest standards in the
same manner as Federal employees are
subject to the conflict of interest
standards under section 208 of title 18,
United States Code;
(IV) policies for writing, editing,
printing, publishing, and vending of
books and other materials;
(V) policies for the conduct of the
general operations of the Foundation,
including a cap on administrative
expenses for recipients of a grant,
contract, or cooperative agreement from
the Foundation; and
(VI) specific duties for the
Executive Director;
(ii) prioritize and provide overall direction
for the activities of the Foundation;
(iii) evaluate the performance of the
Executive Director; and
(iv) carry out any other necessary activities
regarding the Foundation.
(B) Establishment of bylaws.--In establishing bylaws
under subparagraph (A)(i), the Board shall ensure that
the bylaws do not--
(i) reflect unfavorably on the ability of the
Foundation to carry out the duties of the
Foundation in a fair and objective manner; or
(ii) compromise, or appear to compromise, the
integrity of any governmental agency or program,
or any officer or employee employed by, or
involved in, a governmental agency or program.
(5) Terms and vacancies.--
(A) Terms.--
(i) In general.--The term of each member of
the Board appointed under paragraph (2)(C) shall
be 5
[[Page 128 STAT. 908]]
years, except that of the members initially
appointed, 8 of the members shall each be
appointed for a term of 3 years and 7 of the
members shall each be appointed for a term of 2
years.
(ii) Partial terms.--If a member of the Board
does not serve the full term applicable under
clause (i), the individual appointed to fill the
resulting vacancy shall be appointed for the
remainder of the term of the predecessor of the
individual.
(iii) Transition.--A member of the Board may
continue to serve after the expiration of the term
of the member until a successor is appointed.
(B) Vacancies.--After the initial appointment of the
members of the Board under paragraph (2)(C), any vacancy
in the membership of the Board shall be filled as
provided in the bylaws established under paragraph
(4)(A)(i).
(6) Compensation.--Members of the Board may not receive
compensation for service on the Board but may be reimbursed for
travel, subsistence, and other necessary expenses incurred in
carrying out the duties of the Board.
(7) Meetings and quorum.--A majority of the members of the
Board shall constitute a quorum for purposes of conducting the
business of the Board.
(f) Administration.--
(1) Executive director.--
(A) In general.--The Board shall hire an Executive
Director who shall carry out such duties and
responsibilities as the Board may prescribe.
(B) Service.--The Executive Director shall serve at
the pleasure of the Board.
(2) Administrative powers.--
(A) In general.--In carrying out this section, the
Board, acting through the Executive Director, may--
(i) adopt, alter, and use a corporate seal,
which shall be judicially noticed;
(ii) hire, promote, compensate, and discharge
1 or more officers, employees, and agents, as may
be necessary, and define the duties of the
officers, employees, and agents;
(iii) solicit and accept any funds, gifts,
grants, devises, or bequests of real or personal
property made to the Foundation, including such
support from private entities;
(iv) prescribe the manner in which--
(I) real or personal property of the
Foundation is acquired, held, and
transferred;
(II) general operations of the
Foundation are to be conducted; and
(III) the privileges granted to the
Board by law are exercised and enjoyed;
(v) with the consent of the applicable
executive department or independent agency, use
the information, services, and facilities of the
department or agency in carrying out this section
on a reimbursable basis;
(vi) enter into contracts with public and
private organizations for the writing, editing,
printing, and publishing of books and other
material;
[[Page 128 STAT. 909]]
(vii) hold, administer, invest, and spend any
funds, gifts, grant, devise, or bequest of real or
personal property made to the Foundation;
(viii) enter into such contracts, leases,
cooperative agreements, and other transactions as
the Board considers appropriate to conduct the
activities of the Foundation;
(ix) modify or consent to the modification of
any contract or agreement to which the Foundation
is a party or in which the Foundation has an
interest;
(x) take such action as may be necessary to
obtain and maintain patents for and to license
inventions (as defined in section 201 of title 35,
United States Code) developed by the Foundation,
employees of the Foundation, or derived from the
collaborative efforts of the Foundation;
(xi) sue and be sued in the corporate name of
the Foundation, and complain and defend in courts
of competent jurisdiction;
(xii) appoint other groups of advisors as may
be determined necessary to carry out the functions
of the Foundation; and
(xiii) exercise such other incidental powers
as are necessary to carry out the duties and
functions of the Foundation in accordance with
this section.
(B) Limitation.--No appointed member of the Board or
officer or employee of the Foundation or of any program
established by the Foundation (other than ex-officio
members of the Board) shall exercise administrative
control over any Federal employee.
(3) Records.--
(A) Audits.--The Foundation shall--
(i) provide for annual audits of the financial
condition of the Foundation; and
(ii) make the audits, and all other records,
documents, and other papers of the Foundation,
available to the Secretary and the Comptroller
General of the United States for examination or
audit.
(B) Reports.--
(i) Annual report on foundation.--
(I) In general.--Not later than 5
months following the end of each fiscal
year, the Foundation shall publish a
report for the preceding fiscal year
that includes--
(aa) a description of
Foundation activities, including
accomplishments; and
(bb) a comprehensive
statement of the operations and
financial condition of the
Foundation.
(II) Financial condition.--Each
report under subclause (I) shall include
a description of all gifts, grants,
devises, or bequests to the Foundation
of real or personal property or money,
which shall include--
(aa) the source of the
gifts, grants, devises, or
bequests; and
[[Page 128 STAT. 910]]
(bb) any restrictions on the
purposes for which the gift,
grant, devise, or bequest may be
used.
(III) Availability.--The Foundation
shall--
(aa) make copies of each
report submitted under subclause
(I) available for public
inspection; and
(bb) on request, provide a
copy of the report to any
individual.
(IV) Public meeting.--The Board
shall hold an annual public meeting to
summarize the activities of the
Foundation.
(ii) Grant reporting.--Any recipient of a
grant under subsection (d)(1)(A) shall provide the
Foundation with a report at the conclusion of any
research or studies conducted that describes the
results of the research or studies, including any
data generated.
(4) Integrity.--
(A) In general.--To ensure integrity in the
operations of the Foundation, the Board shall develop
and enforce procedures relating to standards of conduct,
financial disclosure statements, conflicts of interest
(including recusal and waiver rules), audits, and any
other matters determined appropriate by the Board.
(B) Financial conflicts of interest.--Any individual
who is an officer, employee, or member of the Board is
prohibited from any participation in deliberations by
the Foundation of a matter that would directly or
predictably affect any financial interest of--
(i) the individual;
(ii) a relative (as defined in section 109 of
the Ethics in Government Act of 1978 (5 U.S.C.
App.)) of that individual; or
(iii) a business organization or other entity
in which the individual has an interest, including
an organization or other entity with which the
individual is negotiating employment.
(5) Intellectual property.--The Board shall adopt written
standards to govern the ownership and licensing of any
intellectual property rights derived from the collaborative
efforts of the Foundation.
(6) Liability.--The United States shall not be liable for
any debts, defaults, acts, or omissions of the Foundation nor
shall the full faith and credit of the United States extend to
any obligations of the Foundation.
(g) Funds.--
(1) Mandatory funding.--
(A) In general.--On the date of the enactment of
this Act, of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the
Foundation to carry out this section $200,000,000, to
remain available until expended under the conditions
described in subparagraph (B).
(B) Conditions on expenditure.--The Foundation may
use the funds made available under subparagraph (A) to
carry out the purposes of the Foundation only to
[[Page 128 STAT. 911]]
the extent that the Foundation secures an equal amount
of non-Federal matching funds for each expenditure.
(C) Prohibition on construction.--None of the funds
made available under subparagraph (A) may be used for
construction.
(2) Separation of funds.--The Executive Director shall
ensure that any funds received under paragraph (1) are held in
separate accounts from funds received from nongovernmental
entities as described in subsection (f)(2)(A)(iii).
SEC. 7602. CONCESSIONS AND AGREEMENTS WITH NONPROFIT ORGANIZATIONS
FOR NATIONAL ARBORETUM.
Section 6 of the Act of March 4, 1927 (20 U.S.C. 196), is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following new paragraph:
``(1) negotiate concessions and agreements for the National
Arboretum with nonprofit scientific or educational
organizations, the interests of which are complementary to the
mission of the National Arboretum, or nonprofit organizations
that support the purpose of the National Arboretum, except that
the net proceeds of the organizations from the concessions or
agreements, as applicable, shall be used exclusively for--
``(A) the research and educational work for the
benefit of the National Arboretum; and
``(B) the operation and maintenance of the
facilities of the National Arboretum, including
enhancements, upgrades, restoration, and
conservation;''; and
(2) by adding at the end the following new subsection:
``(d) Recognition of Donors.--A nonprofit organization that entered
into a concession or agreement under subsection (a)(1) may recognize
donors if that recognition is approved in advance by the Secretary of
Agriculture. In considering whether to approve such recognition, the
Secretary shall broadly exercise the discretion of the Secretary to the
fullest extent allowed under Federal law.''.
SEC. 7603. <<NOTE: 7 USC 3125a-1.>> AGRICULTURAL AND FOOD LAW
RESEARCH, LEGAL TOOLS, AND INFORMATION.
(a) Partnerships.--The Secretary of Agriculture, acting through the
National Agricultural Library, shall support the dissemination of
objective, scholarly, and authoritative agricultural and food law
research, legal tools, and information by entering into cooperative
agreements with institutions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that on the
date of enactment of this Act are carrying out objective programs for
research, legal tools, and information in agricultural and food law.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2014
and each fiscal year thereafter.
SEC. 7604. COTTON DISEASE RESEARCH REPORT.
Not later than 180 days after the date of the enactment of this Act,
the Secretary shall submit to Congress a report on the fungus Fusarium
oxysporum f. sp. vasinfectum race 4 (referred to in this section as
``FOV Race 4'') and the impact of such fungus on cotton, including--
[[Page 128 STAT. 912]]
(1) an overview of the threat FOV Race 4 poses to the cotton
industry in the United States;
(2) the status and progress of Federal research initiatives
to detect, contain, or eradicate FOV Race 4, including current
FOV Race 4-specific research projects; and
(3) a comprehensive strategy to combat FOV Race 4 that
establishes--
(A) detection and identification goals;
(B) containment goals;
(C) eradication goals; and
(D) a plan to partner with the cotton industry in
the United States to maximize resources, information
sharing, and research responsiveness and effectiveness.
SEC. 7605. MISCELLANEOUS TECHNICAL CORRECTIONS.
Sections 7408 and 7409 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 2013) <<NOTE: 7 USC 2241a, 3125a
note.>> are both amended by striking ``Title III of the Department of
Agriculture Reorganization Act of 1994'' and inserting ``Title III of
the Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994''.
SEC. 7606. <<NOTE: 7 USC 5940.>> LEGITIMACY OF INDUSTRIAL HEMP
RESEARCH.
(a) In General.--Notwithstanding the Controlled Substances Act (21
U.S.C. 801 et seq.), the Safe and Drug-Free Schools and Communities Act
(20 U.S.C. 7101 et seq.), chapter 81 of title 41, United States Code, or
any other Federal law, an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a
State department of agriculture may grow or cultivate industrial hemp
if--
(1) the industrial hemp is grown or cultivated for purposes
of research conducted under an agricultural pilot program or
other agricultural or academic research; and
(2) the growing or cultivating of industrial hemp is allowed
under the laws of the State in which such institution of higher
education or State department of agriculture is located and such
research occurs.
(b) Definitions.--In this section:
(1) Agricultural pilot program.--The term ``agricultural
pilot program'' means a pilot program to study the growth,
cultivation, or marketing of industrial hemp--
(A) in States that permit the growth or cultivation
of industrial hemp under the laws of the State; and
(B) in a manner that--
(i) ensures that only institutions of higher
education and State departments of agriculture are
used to grow or cultivate industrial hemp;
(ii) requires that sites used for growing or
cultivating industrial hemp in a State be
certified by, and registered with, the State
department of agriculture; and
(iii) authorizes State departments of
agriculture to promulgate regulations to carry out
the pilot program in the States in accordance with
the purposes of this section.
(2) Industrial hemp.--The term ``industrial hemp'' means the
plant Cannabis sativa L. and any part of such plant, whether
growing or not, with a delta-9 tetrahydrocannabinol
[[Page 128 STAT. 913]]
concentration of not more than 0.3 percent on a dry weight
basis.
(3) State department of agriculture.--The term ``State
department of agriculture'' means the agency, commission, or
department of a State government responsible for agriculture
within the State.
TITLE VIII--FORESTRY
Subtitle A--Repeal of Certain Forestry Programs
SEC. 8001. FOREST LAND ENHANCEMENT PROGRAM.
(a) Repeal.--Section 4 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103) is repealed.
(b) Conforming Amendment.--Section 8002 of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171; 16 U.S.C. 2103 note)
is amended by striking subsection (a).
SEC. 8002. WATERSHED FORESTRY ASSISTANCE PROGRAM.
Section 6 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2103b) is repealed.
SEC. 8003. EXPIRED COOPERATIVE NATIONAL FOREST PRODUCTS MARKETING
PROGRAM.
Section 18 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2112) is repealed.
SEC. 8004. HISPANIC-SERVING INSTITUTION AGRICULTURAL LAND NATIONAL
RESOURCES LEADERSHIP PROGRAM.
Section 8402 of the Food, Conservation, and Energy Act of 2008 (16
U.S.C. 1649a) is repealed.
SEC. 8005. TRIBAL WATERSHED FORESTRY ASSISTANCE PROGRAM.
Section 303 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6542) is repealed.
SEC. 8006. SEPARATE FOREST SERVICE DECISIONMAKING AND APPEALS
PROCESS.
(a) Repeal.--Section 322 of the Department of the Interior and
Related Agencies Appropriations Act, 1993 (16 U.S.C. 1612 note; Public
Law 102-381) is repealed.
(b) Forest Service Pre-Decisional Objection Process.--Section 428 of
division E of the Consolidated Appropriations Act, 2012 (16 U.S.C. 6515
note; Public Law 112-74) shall not apply to any project or activity
implementing a land and resource management plan developed under section
6 of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604) that is categorically excluded from documentation in an
environmental assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[[Page 128 STAT. 914]]
Subtitle B--Reauthorization of Cooperative Forestry Assistance Act of
1978 Programs
SEC. 8101. STATE-WIDE ASSESSMENT AND STRATEGIES FOR FOREST
RESOURCES.
Section 2A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2101a) is amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``and'';
(B) by redesignating paragraph (5) as paragraph (6);
and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) as feasible, appropriate military installations where
the voluntary participation and management of private or State-
owned or other public forestland is able to support, promote,
and contribute to the missions of such installations; and''; and
(2) in subsection (f)(1), by striking ``2012'' and inserting
``2018''.
Subtitle C--Reauthorization of Other Forestry-Related Laws
SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2012'' and
inserting ``2018''.
SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY.
Section 2405(d) of the Global Climate Change Prevention Act of 1990
(7 U.S.C. 6704(d)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 8203. HEALTHY FORESTS RESERVE PROGRAM.
(a) Definition of Acreage Owned by Indian Tribes.--Section 502(e)(3)
of the Healthy Forests Restoration Act (16 U.S.C. 6572(e)(3)) is
amended--
(1) in subparagraph (C), by striking ``subparagraphs (A) and
(B)'' and inserting ``clauses (i) and (ii)'';
(2) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately; and
(3) by striking ``In the case of'' and inserting the
following:
``(A) Definition of acreage owned by indian
tribes.--In this paragraph, the term `acreage owned by
Indian tribes' includes--
``(i) land that is held in trust by the United
States for Indian tribes or individual Indians;
``(ii) land, the title to which is held by
Indian tribes or individual Indians subject to
Federal restrictions against alienation or
encumbrance;
[[Page 128 STAT. 915]]
``(iii) land that is subject to rights of use,
occupancy, and benefit of certain Indian tribes;
``(iv) land that is held in fee title by an
Indian tribe; or
``(v) land that is owned by a native
corporation formed under section 17 of the Act of
June 18, 1934 (commonly known as the `Indian
Reorganization Act') (25 U.S.C. 477) or section 8
of the Alaska Native Claims Settlement Act (43
U.S.C. 1607); or
``(vi) a combination of 1 or more types of
land described in clauses (i) through (v).
``(B) Enrollment of acreage.--In the case of''.
(b) Change in Funding Source for Healthy Forests Reserve Program.--
Section 508 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6578) is amended--
(1) in subsection (a), by striking ``In General'' and
inserting ``Fiscal Years 2009 Through 2013'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) Fiscal Years 2014 Through 2018.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out this section
$12,000,000 for each of fiscal years 2014 through 2018.
``(c) Additional Source of Funds.--In addition to funds appropriated
pursuant to the authorization of appropriations in subsection (b) for a
fiscal year, the Secretary may use such amount of the funds appropriated
for that fiscal year to carry out the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines
necessary to cover the cost of technical assistance, management, and
enforcement responsibilities for land enrolled in the healthy forests
reserve program pursuant to subsections (a) and (b) of section 504.''.
SEC. 8204. INSECT AND DISEASE INFESTATION.
Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591 et seq.) is amended by adding at the end the following:
``SEC. 602. <<NOTE: 16 USC 6591a.>> DESIGNATION OF TREATMENT
AREAS.
``(a) Definition of Declining Forest Health.--In this section, the
term `declining forest health' means a forest that is experiencing--
``(1) substantially increased tree mortality due to insect
or disease infestation; or
``(2) dieback due to infestation or defoliation by insects
or disease.
``(b) Designation of Treatment Areas.--
``(1) Initial areas.--Not later than 60 days after the date
of enactment of the Agricultural Act of 2014, the Secretary
shall, if requested by the Governor of the State, designate as
part of an insect and disease treatment program 1 or more
landscape-scale areas, such as subwatersheds (sixth-level
hydrologic units, according to the System of Hydrologic Unit
Codes of the United States Geological Survey), in at least 1
national forest in each State that is experiencing an insect or
disease epidemic.
``(2) Additional areas.--After the end of the 60-day period
described in paragraph (1), the Secretary may designate
additional landscape-scale areas under this section as needed to
address insect or disease threats.
[[Page 128 STAT. 916]]
``(c) Requirements.--To be designated a landscape-scale area under
subsection (b), the area shall be--
``(1) experiencing declining forest health, based on annual
forest health surveys conducted by the Secretary;
``(2) at risk of experiencing substantially increased tree
mortality over the next 15 years due to insect or disease
infestation, based on the most recent National Insect and
Disease Risk Map published by the Forest Service; or
``(3) in an area in which the risk of hazard trees poses an
imminent risk to public infrastructure, health, or safety.
``(d) Treatment of Areas.--
``(1) In general.--The Secretary may carry out priority
projects on Federal land in the areas designated under
subsection (b) to reduce the risk or extent of, or increase the
resilience to, insect or disease infestation in the areas.
``(2) Authority.--Any project under paragraph (1) for which
a public notice to initiate scoping is issued on or before
September 30, 2018, may be carried out in accordance with
subsections (b), (c), and (d) of section 102, and sections 104,
105, and 106.
``(3) Effect.--Projects carried out under this subsection
shall be considered authorized hazardous fuel reduction projects
for purposes of the authorities described in paragraph (2).
``(4) Report.--
``(A) In general.--In accordance with the schedule
described in subparagraph (B), the Secretary shall issue
2 reports on actions taken to carry out this subsection,
including--
``(i) an evaluation of the progress towards
project goals; and
``(ii) recommendations for modifications to
the projects and management treatments.
``(B) Schedule.--The Secretary shall--
``(i) not earlier than September 30, 2018,
issue the initial report under subparagraph (A);
and
``(ii) not earlier than September 30, 2024,
issue the second report under that subparagraph.
``(e) Tree Retention.--The Secretary shall carry out projects under
subsection (d) in a manner that maximizes the retention of old-growth
and large trees, as appropriate for the forest type, to the extent that
the trees promote stands that are resilient to insects and disease.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2014 through 2024.
``SEC. 603. <<NOTE: 16 USC 6591b.>> ADMINISTRATIVE REVIEW.
``(a) In General.--Except as provided in subsection (d), a project
described in subsection (b) that is conducted in accordance with section
602(d) may be--
``(1) considered an action categorically excluded from the
requirements of Public Law 91-190 (42 U.S.C. 4321 et seq.); and
``(2) exempt from the special administrative review process
under section 105.
``(b) Collaborative Restoration Project.--
[[Page 128 STAT. 917]]
``(1) In general.--A project referred to in subsection (a)
is a project to carry out forest restoration treatments that--
``(A) maximizes the retention of old-growth and
large trees, as appropriate for the forest type, to the
extent that the trees promote stands that are resilient
to insects and disease;
``(B) considers the best available scientific
information to maintain or restore the ecological
integrity, including maintaining or restoring structure,
function, composition, and connectivity; and
``(C) is developed and implemented through a
collaborative process that--
``(i) includes multiple interested persons
representing diverse interests; and
``(ii)(I) is transparent and nonexclusive; or
``(II) meets the requirements for a resource
advisory committee under subsections (c) through
(f) of section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16
U.S.C. 7125).
``(2) Inclusion.--A project under this subsection may carry
out part of a proposal that complies with the eligibility
requirements of the Collaborative Forest Landscape Restoration
Program under section 4003(b) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(b)).
``(c) Limitations.--
``(1) Project size.--A project under this section may not
exceed 3000 acres.
``(2) Location.--A project under this section shall be
limited to areas--
``(A) in the wildland-urban interface; or
``(B) Condition Classes 2 or 3 in Fire Regime Groups
I, II, or III, outside the wildland-urban interface.
``(3) Roads.--
``(A) Permanent roads.--
``(i) Prohibition on establishment.--A project
under this section shall not include the
establishment of permanent roads.
``(ii) Existing roads.--The Secretary may
carry out necessary maintenance and repairs on
existing permanent roads for the purposes of this
section.
``(B) Temporary roads.--The Secretary shall
decommission any temporary road constructed under a
project under this section not later than 3 years after
the date on which the project is completed.
``(d) Exclusions.--This section does not apply to--
``(1) a component of the National Wilderness Preservation
System;
``(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited;
``(3) a congressionally designated wilderness study area; or
``(4) an area in which activities under subsection (a) would
be inconsistent with the applicable land and resource management
plan.
``(e) Forest Management Plans.--All projects and activities carried
out under this section shall be consistent with the land
[[Page 128 STAT. 918]]
and resource management plan established under section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604)
for the unit of the National Forest System containing the projects and
activities.
``(f) Public Notice and Scoping.--The Secretary shall conduct public
notice and scoping for any project or action proposed in accordance with
this section.
``(g) Accountability.--
``(1) In general.--The Secretary shall prepare an annual
report on the use of categorical exclusions under this section
that includes a description of all acres (or other appropriate
unit) treated through projects carried out under this section.
``(2) Submission.--Not later than 1 year after the date of
enactment of this section, and each year thereafter, the
Secretary shall submit the reports required under paragraph (1)
to--
``(A) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(B) the Committee on Environment and Public Works
of the Senate;
``(C) the Committee on Agriculture of the House of
Representatives;
``(D) the Committee on Natural Resources of the
House of Representatives; and
``(E) the Government Accountability Office.''.
SEC. 8205. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) In General.--Title VI of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591) (as amended by section 8204) is amended by adding
at the end the following:
``SEC. 604. <<NOTE: 16 USC 6591c.>> STEWARDSHIP END RESULT
CONTRACTING PROJECTS.
``(a) Definitions.--In this section:
``(1) Chief.--The term `Chief' means the Chief of the Forest
Service.
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management.
``(b) Projects.--The Chief and the Director, via agreement or
contract as appropriate, may enter into stewardship contracting projects
with private persons or other public or private entities to perform
services to achieve land management goals for the national forests and
the public lands that meet local and rural community needs.
``(c) Land Management Goals.--The land management goals of a project
under subsection (b) may include any of the following:
``(1) Road and trail maintenance or obliteration to restore
or maintain water quality.
``(2) Soil productivity, habitat for wildlife and fisheries,
or other resource values.
``(3) Setting of prescribed fires to improve the
composition, structure, condition, and health of stands or to
improve wildlife habitat.
``(4) Removing vegetation or other activities to promote
healthy forest stands, reduce fire hazards, or achieve other
land management objectives.
``(5) Watershed restoration and maintenance.
``(6) Restoration and maintenance of wildlife and fish.
[[Page 128 STAT. 919]]
``(7) Control of noxious and exotic weeds and reestablishing
native plant species.
``(d) Agreements or Contracts.--
``(1) Procurement procedure.--A source for performance of an
agreement or contract under subsection (b) shall be selected on
a best-value basis, including consideration of source under
other public and private agreements or contracts.
``(2) Contract for sale of property.--A contract entered
into under this section may, at the discretion of the Secretary
of Agriculture, be considered a contract for the sale of
property under such terms as the Secretary may prescribe without
regard to any other provision of law.
``(3) Term.--
``(A) In general.--Except as provided in
subparagraph (B), the Chief and the Director may enter
into a contract under subsection (b) in accordance with
section 3903 of title 41, United States Code.
``(B) Maximum.--The period of the contract under
subsection (b) may exceed 5 years but may not exceed 10
years.
``(4) Offsets.--
``(A) In general.--The Chief and the Director may
apply the value of timber or other forest products
removed as an offset against the cost of services
received under the agreement or contract described in
subsection (b).
``(B) Methods of appraisal.--The value of timber or
other forest products used as an offset under
subparagraph (A)--
``(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed; and
``(ii) may--
``(I) be determined using a unit of
measure appropriate to the contracts;
and
``(II) may include valuing products
on a per-acre basis.
``(5) Relation to other laws.--Notwithstanding subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement
or contract under subsection (b).
``(6) Contracting officer.--Notwithstanding any other
provision of law, the Secretary or the Secretary of the Interior
may determine the appropriate contracting officer to enter into
and administer an agreement or contract under subsection (b).
``(7) Fire liability provisions.--Not later than 90 days
after the date of enactment of this section, the Chief and the
Director shall issue for use in all contracts and agreements
under this section fire liability provisions that are in
substantially the same form as the fire liability provisions
contained in--
``(A) integrated resource timber contracts, as
described in the Forest Service contract numbered 2400-
13, part H, section H.4; and
``(B) timber sale contracts conducted pursuant to
section 14 of the National Forest Management Act of 1976
(16 U.S.C. 472a).
[[Page 128 STAT. 920]]
``(e) Receipts.--
``(1) In general.--The Chief and the Director may collect
monies from an agreement or contract under subsection (b) if the
collection is a secondary objective of negotiating the contract
that will best achieve the purposes of this section.
``(2) Use.--Monies from an agreement or contract under
subsection (b)--
``(A) may be retained by the Chief and the Director;
and
``(B) shall be available for expenditure without
further appropriation at the project site from which the
monies are collected or at another project site.
``(3) Relation to other laws.--
``(A) In general.--Notwithstanding any other
provision of law, the value of services received by the
Chief or the Director under a stewardship contract
project conducted under this section, and any payments
made or resources provided by the contractor, Chief, or
Director shall not be considered monies received from
the National Forest System or the public lands.
``(B) Knutson-vanderberg act.--The Act of June 9,
1930 (commonly known as the `Knutson-Vanderberg Act')
(16 U.S.C. 576 et seq.) shall not apply to any agreement
or contract under subsection (b).
``(f) Costs of Removal.--Notwithstanding the fact that a contractor
did not harvest the timber, the Chief may collect deposits from a
contractor covering the costs of removal of timber or other forest
products under--
``(1) the Act of August 11, 1916 (16 U.S.C. 490); and
``(2) the Act of June 30, 1914 (16 U.S.C. 498).
``(g) Performance and Payment Guarantees.--
``(1) In general.--The Chief and the Director may require
performance and payment bonds under sections 28.103-2 and
28.103-3 of the Federal Acquisition Regulation, in an amount
that the contracting officer considers sufficient to protect the
investment in receipts by the Federal Government generated by
the contractor from the estimated value of the forest products
to be removed under a contract under subsection (b).
``(2) Excess offset value.--If the offset value of the
forest products exceeds the value of the resource improvement
treatments, the Chief and the Director may--
``(A) collect any residual receipts under the Act of
June 9, 1930 (commonly known as the `Knutson-Vanderberg
Act') (16 U.S.C. 576 et seq.); and
``(B) apply the excess to other authorized
stewardship projects.
``(h) Monitoring and Evaluation.--
``(1) In general.--The Chief and the Director shall
establish a multiparty monitoring and evaluation process that
accesses the stewardship contracting projects conducted under
this section.
``(2) Participants.--Other than the Chief and Director,
participants in the process described in paragraph (1) may
include--
``(A) any cooperating governmental agencies,
including tribal governments; and
``(B) any other interested groups or individuals.
[[Page 128 STAT. 921]]
``(i) Reporting.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Chief and the Director
shall report to the Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Agriculture of the House of
Representatives on--
``(1) the status of development, execution, and
administration of agreements or contracts under subsection (b);
``(2) the specific accomplishments that have resulted; and
``(3) the role of local communities in the development of
agreements or contract plans.''.
(b) Conforming Amendment.--Section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; Public Law 105-277) is repealed.
SEC. 8206. <<NOTE: 16 USC 2113a.>> GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Authorized restoration services.--The term ``authorized
restoration services'' means similar and complementary forest,
rangeland, and watershed restoration services carried out--
(A) on Federal land and non-Federal land; and
(B) by either the Secretary or a Governor pursuant
to a good neighbor agreement.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means
land that is--
(i) National Forest System land; or
(ii) public land (as defined in section 103 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702)).
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) a component of the National Wilderness
Preservation System;
(ii) Federal land on which the removal of
vegetation is prohibited or restricted by Act of
Congress or Presidential proclamation (including
the applicable implementation plan); or
(iii) a wilderness study area.
(3) Forest, rangeland, and watershed restoration services.--
(A) In general.--The term ``forest, rangeland, and
watershed restoration services'' means--
(i) activities to treat insect- and disease-
infected trees;
(ii) activities to reduce hazardous fuels; and
(iii) any other activities to restore or
improve forest, rangeland, and watershed health,
including fish and wildlife habitat.
(B) Exclusions.--The term ``forest, rangeland, and
watershed restoration services'' does not include--
(i) construction, reconstruction, repair, or
restoration of paved or permanent roads or parking
areas; or
(ii) construction, alteration, repair or
replacement of public buildings or works.
[[Page 128 STAT. 922]]
(4) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract (including
a sole source contract) entered into between the Secretary and a
Governor to carry out authorized restoration services under this
section.
(5) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State or
the Commonwealth of Puerto Rico.
(6) Road.--The term ``road'' has the meaning given the term
in section 212.1 of title 36, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(7) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
Bureau of Land Management land.
(b) Good Neighbor Agreements.--
(1) Good neighbor agreements.--
(A) In general.--The Secretary may enter into a good
neighbor agreement with a Governor to carry out
authorized restoration services in accordance with this
section.
(B) Public availability.--The Secretary shall make
each good neighbor agreement available to the public.
(2) Timber sales.--
(A) In general.--Subsections (d) and (g) of section
14 of the National Forest Management Act of 1976 (16
U.S.C. 472a(d) and (g)) shall not apply to services
performed under a cooperative agreement or contract
entered into under subsection (a).
(B) Approval of silviculture prescriptions and
marking guides.--The Secretary shall provide or approve
all silviculture prescriptions and marking guides to be
applied on Federal land in all timber sale projects
conducted under this section.
(3) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized
restoration services to be provided under this section on
Federal land shall not be delegated to a Governor.
Subtitle D--Miscellaneous Provisions
SEC. 8301. <<NOTE: 16 USC 1642 note.>> REVISION OF STRATEGIC PLAN
FOR FOREST INVENTORY AND ANALYSIS.
(a) Revision Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the strategic plan for
forest inventory and analysis initially prepared pursuant to section
3(e) of the Forest and Rangeland Renewable Resources Research Act of
1978 (16 U.S.C. 1642(e)) to address the requirements imposed by
subsection (b).
(b) Elements of Revised Strategic Plan.--In revising the strategic
plan, the Secretary shall describe in detail the organization,
procedures, and funding needed to achieve each of the following:
[[Page 128 STAT. 923]]
(1) Complete the transition to a fully annualized forest
inventory program and include inventory and analysis of interior
Alaska.
(2) Implement an annualized inventory of trees in urban
settings, including the status and trends of trees and forests,
and assessments of their ecosystem services, values, health, and
risk to pests and diseases.
(3) Report information on renewable biomass supplies and
carbon stocks at the local, State, regional, and national level,
including by ownership type.
(4) Engage State foresters and other users of information
from the forest inventory and analysis in reevaluating the list
of core data variables collected on forest inventory and
analysis plots with an emphasis on demonstrated need.
(5) Improve the timeliness of the timber product output
program and accessibility of the annualized information on that
database.
(6) Foster greater cooperation among the forest inventory
and analysis program, research station leaders, and State
foresters and other users of information from the forest
inventory and analysis.
(7) Promote availability of and access to non-Federal
resources to improve information analysis and information
management.
(8) Collaborate with the Natural Resources Conservation
Service, National Aeronautics and Space Administration, National
Oceanic and Atmospheric Administration, and United States
Geological Survey to integrate remote sensing, spatial analysis
techniques, and other new technologies in the forest inventory
and analysis program.
(9) Understand and report on changes in land cover and use.
(10) Expand existing programs to promote sustainable forest
stewardship through increased understanding, in partnership with
other Federal agencies, of the over 10,000,000 family forest
owners, their demographics, and the barriers to forest
stewardship.
(11) Implement procedures to improve the statistical
precision of estimates at the sub-State level.
(c) Submission of Revised Strategic Plan.--The Secretary shall
submit the revised strategic plan to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
SEC. 8302. <<NOTE: 16 USC 3851a.>> FOREST SERVICE PARTICIPATION
IN ACES PROGRAM.
The Secretary, acting through the Chief of the Forest Service, may
use funds derived from conservation-related programs executed on
National Forest System land to utilize the Agriculture Conservation
Experienced Services Program established pursuant to section 1252 of the
Food Security Act of 1985 (16 U.S.C. 3851) to provide technical services
for conservation-related programs and authorities carried out by the
Secretary on National Forest System land.
[[Page 128 STAT. 924]]
SEC. 8303. EXTENSION OF STEWARDSHIP CONTRACTS AUTHORITY REGARDING
USE OF DESIGNATION BY PRESCRIPTION TO
ALL THINNING SALES UNDER NATIONAL FOREST
MANAGEMENT ACT OF 1976.
Section 14 of the National Forest Management Act of 1976 (16 U.S.C.
472a) is amended by striking subsection (g) and inserting the following:
``(g) Designation and Supervision of Harvesting.--
``(1) In general.--Designation, including marking when
necessary, designation by description, or designation by
prescription, and supervision of harvesting of trees, portions
of trees, or forest products shall be conducted by persons
employed by the Secretary of Agriculture.
``(2) Requirement.--Persons employed by the Secretary of
Agriculture under paragraph (1)--
``(A) shall have no personal interest in the
purchase or harvest of the products; and
``(B) shall not be directly or indirectly in the
employment of the purchaser of the products.
``(3) Methods for designation.--Designation by prescription
and designation by description shall be considered valid methods
for designation, and may be supervised by use of post-harvest
cruise, sample weight scaling, or other methods determined by
the Secretary of Agriculture to be appropriate.''.
SEC. 8304. <<NOTE: 42 USC 1856e.>> REIMBURSEMENT OF FIRE FUNDS.
(a) Definition of State.--In this section, the term ``State''
means--
(1) a State; and
(2) the Commonwealth of Puerto Rico.
(b) In General.--If a State seeks reimbursement for amounts expended
for resources and services provided to another State for the management
and suppression of a wildfire, the Secretary, subject to subsections (c)
and (d)--
(1) may accept the reimbursement amounts from the other
State; and
(2) shall pay those amounts to the State seeking
reimbursement.
(c) Mutual Assistance Agreement.--As a condition of seeking and
providing reimbursement under subsection (b), the State seeking
reimbursement and the State providing reimbursement must each have a
mutual assistance agreement with the Forest Service or another Federal
agency for providing and receiving wildfire management and suppression
resources and services.
(d) Terms and Conditions.--The Secretary may prescribe the terms and
conditions determined to be necessary to carry out subsection (b).
(e) Effect on Prior Reimbursements.--Any acceptance of funds or
reimbursements made by the Secretary before the date of enactment of
this Act that otherwise would have been authorized under this section
shall be considered to have been made in accordance with this section.
(f) Amendment.--Section 5(b) of the Act of May 27, 1955 (42 U.S.C.
1856d(b)) is amended in the first sentence by inserting ``or Department
of Agriculture'' after ``Department of Defense''.
[[Page 128 STAT. 925]]
SEC. 8305. <<NOTE: 16 USC 551c note.>> FOREST SERVICE LARGE
AIRTANKER AND AERIAL ASSET FIREFIGHTING
RECAPITALIZATION PILOT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Chief of the Forest Service, may establish
a large airtanker and aerial asset lease program in accordance with this
section.
(b) Aircraft Requirements.--In carrying out the program described in
subsection (a), the Secretary may enter into a multiyear lease contract
for up to 5 aircraft that meet the criteria--
(1) described in the Forest Service document entitled
``Large Airtanker Modernization Strategy'' and dated February
10, 2012, for large airtankers; and
(2) determined by the Secretary, for other aerial assets.
(c) Lease Terms.--The term of any individual lease agreement into
which the Secretary enters under this section shall be--
(1) up to 5 years, inclusive of any options to renew or
extend the initial lease term; and
(2) in accordance with section 3903 of title 41, United
States Code.
(d) Prohibition.--No lease entered into under this section shall
provide for the purchase of the aircraft by, or the transfer of
ownership to, the Forest Service.
SEC. 8306. LAND CONVEYANCE, JEFFERSON NATIONAL FOREST IN WISE
COUNTY, VIRGINIA.
(a) Definitions.--In this section:
(1) Association.--The term ``Association'' means the Mullins
and Sturgill Cemetery Association of Pound, Virginia.
(2) Map.--The term ``map'' means the map titled ``Mullins
and Sturgill Cemetery'' dated March 1, 2013.
(b) Conveyance Required.--Upon payment by the Association of the
consideration under subsection (c) and the costs under subsection (e),
the Secretary shall, subject to valid existing rights, convey to the
Association all right, title, and interest of the United States in and
to a parcel of National Forest System land in the Jefferson National
Forest in Wise County, Virginia, consisting of approximately 0.70 acres
and containing the Mullins and Sturgill Cemetery and an easement to
provide access to the parcel, as generally depicted on the map.
(c) Consideration.--
(1) Fair market value.--As consideration for the land
conveyed under subsection (b), the Association shall pay to the
Secretary cash in an amount equal to the market value of the
land, as determined by an appraisal approved by the Secretary
and conducted in conformity with the Uniform Appraisal Standards
for Federal Land Acquisitions and section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(2) Deposit.--The consideration received by the Secretary
under paragraph (1) shall be deposited into the general fund of
the Treasury of the United States for the purposes of deficit
reduction.
(d) Description of Property.--The exact acreage and legal
description of the land to be conveyed under subsection (b) shall be
determined by a survey satisfactory to the Secretary.
[[Page 128 STAT. 926]]
(e) Costs.--The Association shall pay to the Secretary at closing
the reasonable costs of the survey, the appraisal, and any
administrative and environmental analyses required by law.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (b) as the Secretary considers appropriate to protect the
interests of the United States.
TITLE IX--ENERGY
SEC. 9001. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8101) is amended by--
(1) redesignating paragraphs (9), (10), (11), (12), (13),
and (14) as paragraphs (10), (11), (12), (13), (15), and (17);
(2) inserting after paragraph (8), the following new
paragraph:
``(9) Forest product.--
``(A) In general.--The term `forest product' means a
product made from materials derived from the practice of
forestry or the management of growing timber.
``(B) Inclusions.--The term `forest product'
includes--
``(i) pulp, paper, paperboard, pellets,
lumber, and other wood products; and
``(ii) any recycled products derived from
forest materials.'';
(3) by inserting after paragraph (13) (as redesignated by
paragraph (1) of this section) the following:
``(14) Renewable chemical.--The term `renewable chemical'
means a monomer, polymer, plastic, formulated product, or
chemical substance produced from renewable biomass.''; and
(4) inserting after paragraph (15) (as so redesignated), the
following new paragraph:
``(16) Renewable energy system.--
``(A) In general.--Subject to subparagraph (B), the
term `renewable energy system' means a system that--
``(i) produces usable energy from a renewable
energy source; and
``(ii) may include distribution components
necessary to move energy produced by such system
to the initial point of sale.
``(B) Limitation.--A system described in
subparagraph (A) may not include a mechanism for
dispensing energy at retail.''.
SEC. 9002. BIOBASED MARKETS PROGRAM.
(a) In General.--Section 9002 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8102) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)(i)--
(i) in subclause (I), by striking ``and'' at
the end;
(ii) in subclause (II)(bb), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
[[Page 128 STAT. 927]]
``(III) establish a targeted
biobased-only procurement requirement
under which the procuring agency shall
issue a certain number of biobased-only
contracts when the procuring agency is
purchasing products, or purchasing
services that include the use of
products, that are included in a
biobased product category designated by
the Secretary.''; and
(B) in paragraph (3)--
(i) in subparagraph (B)--
(I) in clause (v), by inserting ``as
determined to be necessary by the
Secretary based on the availability of
data,'' before ``provide information'';
(II) by redesignating clauses (v)
and (vi) as clauses (vii) and (viii),
respectively; and
(III) by inserting after clause (iv)
the following:
``(v) require reporting of quantities and
types of biobased products purchased by procuring
agencies;
``(vi) promote biobased products, including
forest products, that apply an innovative approach
to growing, harvesting, sourcing, procuring,
processing, manufacturing, or application of
biobased products regardless of the date of entry
into the marketplace;''; and
(ii) by adding at the end the following:
``(F) Required designations.--Not later than 1 year
after the date of enactment of this subparagraph, the
Secretary shall begin to designate intermediate
ingredients or feedstocks and assembled and finished
biobased products in the guidelines issued under this
paragraph.'';
(2) in subsection (b)--
(A) in paragraph (3)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Auditing and compliance.--The Secretary may
carry out such auditing and compliance activities as the
Secretary determines to be necessary to ensure
compliance with subparagraph (A).''; and
(B) by adding at the end the following:
``(4) Assembled and finished products.--Not later than 1
year after the date of enactment of this paragraph, the
Secretary shall begin issuing criteria for determining which
assembled and finished products may qualify to receive the label
under paragraph (1).'';
(3) in subsection (g)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A)
by striking ``The report'' and inserting ``Each
report under paragraph (1)'';
(ii) in subparagraph (A), by striking ``and''
at the end;
(iii) in subparagraph (B)(ii), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following new
subparagraph:
[[Page 128 STAT. 928]]
``(C) the progress made by other Federal agencies in
compliance with the biobased procurement requirements,
including the quantity of purchases made.''; and
(B) by adding at the end the following:
``(3) Economic impact study and report.--
``(A) In general.--The Secretary shall conduct a
study to assess the economic impact of the biobased
products industry, including--
``(i) the quantity of biobased products sold;
``(ii) the value of the biobased products;
``(iii) the quantity of jobs created;
``(iv) the quantity of petroleum displaced;
``(v) other environmental benefits; and
``(vi) areas in which the use or manufacturing
of biobased products could be more effectively
used, including identifying any technical and
economic obstacles and recommending how those
obstacles can be overcome.
``(B) Report.--Not later than 1 year after the date
of enactment of this subparagraph, the Secretary shall
submit to Congress a report describing the results of
the study conducted under subparagraph (A).'';
(4) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(5) by inserting after subsection (f) the following new
subsection:
``(g) Forest Products Laboratory Coordination.--In determining
whether products are eligible for the `USDA Certified Biobased Product'
label, the Secretary (acting through the Forest Products Laboratory)
shall provide appropriate technical and other assistance to the program
and applicants for forest products.''; and
(6) in subsection (i) (as redesignated by paragraph (4)), by
striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $3,000,000 for each of fiscal years 2014 through 2018.
``(2) Discretionary funding.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of
fiscal years 2014 through 2018.''; and
(7) by adding at the end the following new subsection:
``(j) Biobased Product Inclusion.--In this section, the term
`biobased product' (as defined in section 9001) includes, with respect
to forestry materials, forest products that meet biobased content
requirements, notwithstanding the market share the product holds, the
age of the product, or whether the market for the product is new or
emerging.''.
(b) Conforming Amendment.--Section 944(c)(2)(A) of the Energy Policy
Act of 2005 (42 U.S.C. 16253(c)(2)(A)) is amended by striking ``section
9002(h)(1)'' and inserting ``section 9002(b)''.
SEC. 9003. BIOREFINERY ASSISTANCE.
(a) Program Adjustments.--Section 9003 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8103) is amended--
(1) in the section heading, by inserting ``, renewable
chemical, and biobased product manufacturing'' after
``biorefinery'';
[[Page 128 STAT. 929]]
(2) in subsection (a), in the matter preceding paragraph
(1), by inserting ``renewable chemicals, and biobased product
manufacturing'' after ``advanced biofuels,'';
(3) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Biobased product manufacturing.--The term `biobased
product manufacturing' means development, construction, and
retrofitting of technologically new commercial-scale processing
and manufacturing equipment and required facilities that will be
used to convert renewable chemicals and other biobased outputs
of biorefineries into end-user products on a commercial
scale.'';
(4) in subsection (c), by striking ``to eligible entities''
and all that follows through ``guarantees for loans'' and
inserting ``to eligible entities guarantees for loans'';
(5) by striking subsection (d);
(6) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively; and
(7) in subsection (d) (as so redesignated)--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(D) Project diversity.--In approving loan
guarantee applications, the Secretary shall ensure that,
to the extent practicable, there is diversity in the
types of projects approved for loan guarantees to ensure
that as wide a range as possible of technologies,
products, and approaches are assisted.''.
(B) by striking ``subsection (c)(2)'' each place it
appears and inserting ``subsection (c)''; and
(C) in paragraph (2)(C), by striking ``subsection
(h)'' and inserting ``subsection (g)''.
(b) Funding.--Subsection (g) of section 9003 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8103) (as redesignated by
paragraph (6)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Mandatory funding.--
``(A) In general.--Subject to subparagraph (B), of
the funds of the Commodity Credit Corporation, the
Secretary shall use for the cost of loan guarantees
under this section, to remain available until expended--
``(i) $100,000,000 for fiscal year 2014; and
``(ii) $50,000,000 for each of fiscal years
2015 and 2016.
``(B) Biobased product manufacturing.--Of the total
amount of funds made available for fiscal years 2014 and
2015 under subparagraph (A), the Secretary may use for
the cost of loan guarantees under this section not more
than 15 percent of such funds to promote biobased
product manufacturing.''; and
(2) in paragraph (2), by striking ``$150,000,000 for each of
fiscal years 2009 through 2013'' and inserting ``$75,000,000 for
each of fiscal years 2014 through 2018''.
[[Page 128 STAT. 930]]
SEC. 9004. REPOWERING ASSISTANCE PROGRAM.
Section 9004(d) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8104(d)) is amended--
(1) in paragraph (1), by striking ``$35,000,000 for fiscal
year 2009'' and inserting ``$12,000,000 for fiscal year 2014'';
and
(2) in paragraph (2), by striking ``$15,000,000 for each of
fiscal years 2009 through 2013'' and inserting ``$10,000,000 for
each of fiscal years 2014 through 2018''.
SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005(g) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8105(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) $15,000,000 for each of fiscal years 2014
through 2018.''; and
(2) in paragraph (2), by striking ``$25,000,000 for each of
fiscal years 2009 through 2013'' and inserting ``$20,000,000 for
each of fiscal years 2014 through 2018''.
SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8106(d)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``Fiscal years 2009
through 2012'' and inserting ``Mandatory funding'' ; and
(B) by striking ``2012'' and inserting ``2018''; and
(2) in paragraph (2)--
(A) in the heading, by striking ``Authorization of
appropriations'' and inserting ``Discretionary funding''
; and
(B) by striking ``fiscal year 2013'' and inserting
``each of fiscal years 2014 through 2018''.
SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
(a) Program Adjustments.--Section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) a council (as defined in section 1528 of the
Agriculture and Food Act of 1981 (16 U.S.C. 3451));
and''; and
(2) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3);
and
(C) by adding at the end the following:
``(4) Tiered application process.--
[[Page 128 STAT. 931]]
``(A) In general.--In providing loan guarantees and
grants under this subsection, the Secretary shall use a
3-tiered application process that reflects the size of
proposed projects in accordance with this paragraph.
``(B) Tier 1.--The Secretary shall establish a
separate application process for projects for which the
cost of the activity funded under this subsection is not
more than $80,000.
``(C) Tier 2.--The Secretary shall establish a
separate application process for projects for which the
cost of the activity funded under this subsection is
greater than $80,000 but less than $200,000.
``(D) Tier 3.--The Secretary shall establish a
separate application process for projects for which the
cost of the activity funded under this subsection is
equal to or greater than $200,000.
``(E) Application process.--The Secretary shall
establish an application, evaluation, and oversight
process that is the most simplified for tier I projects
and more comprehensive for each subsequent tier.''.
(b) Funding.--Section 9007(g) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) $50,000,000 for fiscal year 2014 and each
fiscal year thereafter.''; and
(2) in paragraph (3), by striking ``$25,000,000 for each of
fiscal years 2009 through 2013'' and inserting ``$20,000,000 for
each of fiscal years 2014 through 2018''.
SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008(h) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8108(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) $3,000,000 for each of fiscal years 2014
through 2017.''; and
(2) in paragraph (2), by striking ``$35,000,000 for each of
fiscal years 2009 through 2013'' and inserting ``$20,000,000 for
each of fiscal years 2014 through 2018''.
SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.
Section 9010(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2013'' and inserting
``2018''; and
[[Page 128 STAT. 932]]
(2) in paragraph (2)(A), by striking ``2013'' and inserting
``2018''.
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8111) is amended to read as follows:
``SEC. 9011. BIOMASS CROP ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) BCAP.--The term `BCAP' means the Biomass Crop
Assistance Program established under this section.
``(2) BCAP project area.--The term `BCAP project area' means
an area that--
``(A) has specified boundaries that are submitted to
the Secretary by the project sponsor and subsequently
approved by the Secretary;
``(B) includes producers with contract acreage that
will supply a portion of the renewable biomass needed by
a biomass conversion facility; and
``(C) is physically located within an economically
practicable distance from the biomass conversion
facility.
``(3) Contract acreage.--The term `contract acreage' means
eligible land that is covered by a BCAP contract entered into
with the Secretary.
``(4) Eligible crop.--
``(A) In general.--The term `eligible crop' means a
crop of renewable biomass.
``(B) Exclusions.--The term `eligible crop' does not
include--
``(i) any crop that is eligible to receive
payments under title I of the Agricultural Act of
2014 or an amendment made by that title; or
``(ii) any plant that is invasive or noxious
or species or varieties of plants that credible
risk assessment tools or other credible sources
determine are potentially invasive, as determined
by the Secretary in consultation with other
appropriate Federal or State departments and
agencies.
``(5) Eligible land.--
``(A) In general.--The term `eligible land'
includes--
``(i) agricultural and nonindustrial private
forest lands (as defined in section 5(c) of the
Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2103a(c)); and
``(ii) land enrolled in the conservation
reserve program established under subchapter B of
chapter I of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.), or
the Agricultural Conservation Easement Program
established under subtitle H of title XII of that
Act, under a contract that will expire at the end
of the current fiscal year.
``(B) Exclusions.--The term `eligible land' does not
include--
``(i) Federal- or State-owned land;
``(ii) land that is native sod, as of the date
of enactment of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8701 et seq.);
[[Page 128 STAT. 933]]
``(iii) land enrolled in the conservation
reserve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.),
other than land described in subparagraph (A)(ii);
or
``(iv) land enrolled in the Agricultural
Conservation Easement Program established under
subtitle H of title XII of that Act, other than
land described in subparagraph (A)(ii).
``(6) Eligible material.--
``(A) In general.--The term `eligible material'
means renewable biomass harvested directly from the
land, including crop residue from any crop that is
eligible to receive payments under title I of the
Agricultural Act of 2014 or an amendment made by that
title.
``(B) Inclusions.--The term `eligible material'
shall only include--
``(i) eligible material that is collected or
harvested by the eligible material owner--
``(I) directly from--
``(aa) National Forest
System;
``(bb) Bureau of Land
Management land;
``(cc) non-Federal land; or
``(dd) land owned by an
individual Indian or Indian
tribe that is held in trust by
the United States for the
benefit of the individual Indian
or Indian tribe or subject to a
restriction against alienation
imposed by the United States;
``(II) in a manner that is
consistent with--
``(aa) a conservation plan;
``(bb) a forest stewardship
plan; or
``(cc) a plan that the
Secretary determines is
equivalent to a plan described
in item (aa) or (bb) and
consistent with Executive Order
13112 (42 U.S.C. 4321 note;
relating to invasive species);
``(ii) if woody eligible material, woody
eligible material that is produced on land other
than contract acreage that--
``(I) is a byproduct of a
preventative treatment that is removed
to reduce hazardous fuel or to reduce or
contain disease or insect infestation;
and
``(II) if harvested from Federal
land, is harvested in accordance with
section 102(e) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C.
6512(e)); and
``(iii) eligible material that is delivered to
a qualified biomass conversion facility to be used
for heat, power, biobased products, research, or
advanced biofuels.
``(C) Exclusions.--The term `eligible material' does
not include--
``(i) material that is whole grain from any
crop that is eligible to receive payments under
title I of the Agricultural Act of 2014 or an
amendment made by that title, including--
[[Page 128 STAT. 934]]
``(I) barley, corn, grain sorghum,
oats, rice, or wheat;
``(II) honey;
``(III) mohair;
``(IV) oilseeds, including canola,
crambe, flaxseed, mustard seed,
rapeseed, safflower seed, soybeans,
sesame seed, and sunflower seed;
``(V) peanuts;
``(VI) pulse;
``(VII) chickpeas, lentils, and dry
peas;
``(VIII) dairy products;
``(IX) sugar; and
``(X) wool and cotton boll fiber;
``(ii) animal waste and byproducts, including
fat, oil, grease, and manure;
``(iii) food waste and yard waste;
``(iv) algae;
``(v) woody eligible material that--
``(I) is removed outside contract
acreage; and
``(II) is not a byproduct of a
preventative treatment to reduce
hazardous fuel or to reduce or contain
disease or insect infestation;
``(vi) any woody eligible material collected
or harvested outside contract acreage that would
otherwise be used for existing market products; or
``(vii) bagasse.
``(7) Producer.--The term `producer' means an owner or
operator of contract acreage that is physically located within a
BCAP project area.
``(8) Project sponsor.--The term `project sponsor' means--
``(A) a group of producers; or
``(B) a biomass conversion facility.
``(9) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning given
the term in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).
``(b) Establishment and Purpose.--The Secretary shall establish and
administer a Biomass Crop Assistance Program to--
``(1) support the establishment and production of eligible
crops for conversion to bioenergy in selected BCAP project
areas; and
``(2) assist agricultural and forest land owners and
operators with the collection, harvest, storage, and
transportation of eligible material for use in a biomass
conversion facility.
``(c) BCAP Project Area.--
``(1) In general.--The Secretary shall provide financial
assistance to a producer of an eligible crop in a BCAP project
area.
``(2) Selection of project areas.--
``(A) In general.--To be considered for selection as
a BCAP project area, a project sponsor shall submit to
the Secretary a proposal that, at a minimum, includes--
``(i) a description of the eligible land and
eligible crops of each producer that will
participate in the proposed BCAP project area;
``(ii) a letter of commitment from a biomass
conversion facility that the facility will use the
eligible crops
[[Page 128 STAT. 935]]
intended to be produced in the proposed BCAP
project area;
``(iii) evidence that the biomass conversion
facility has sufficient equity available, as
determined by the Secretary, if the biomass
conversion facility is not operational at the time
the proposal is submitted to the Secretary; and
``(iv) any other information about the biomass
conversion facility or proposed biomass conversion
facility that the Secretary determines necessary
for the Secretary to be reasonably assured that
the plant will be in operation by the date on
which the eligible crops are ready for harvest.
``(B) BCAP project area selection criteria.--In
selecting BCAP project areas, the Secretary shall
consider--
``(i) the volume of the eligible crops
proposed to be produced in the proposed BCAP
project area and the probability that those crops
will be used for the purposes of the BCAP;
``(ii) the volume of renewable biomass
projected to be available from sources other than
the eligible crops grown on contract acres;
``(iii) the anticipated economic impact in the
proposed BCAP project area;
``(iv) the opportunity for producers and local
investors to participate in the ownership of the
biomass conversion facility in the proposed BCAP
project area;
``(v) the participation rate by--
``(I) beginning farmers or ranchers
(as defined in accordance with section
343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C.
1991(a))); or
``(II) socially disadvantaged
farmers or ranchers;
``(vi) the impact on soil, water, and related
resources;
``(vii) the variety in biomass production
approaches within a project area, including (as
appropriate)--
``(I) agronomic conditions;
``(II) harvest and postharvest
practices; and
``(III) monoculture and polyculture
crop mixes;
``(viii) the range of eligible crops among
project areas;
``(ix) existing project areas that have
received funding under this section and the
continuation of funding of such project areas to
advance the maturity of such project areas; and
``(x) any additional information that the
Secretary determines to be necessary.
``(3) Contract.--
``(A) In general.--On approval of a BCAP project
area by the Secretary, each producer in the BCAP project
area shall enter into a contract directly with the
Secretary.
``(B) Minimum terms.--At a minimum, a contract under
this subsection shall include terms that cover--
[[Page 128 STAT. 936]]
``(i) an agreement to make available to the
Secretary, or to an institution of higher
education or other entity designated by the
Secretary, such information as the Secretary
considers to be appropriate to promote the
production of eligible crops and the development
of biomass conversion technology;
``(ii) compliance with the highly erodible
land conservation requirements of subtitle B of
title XII of the Food Security Act of 1985 (16
U.S.C. 3811 et seq.) and the wetland conservation
requirements of subtitle C of title XII of that
Act (16 U.S.C. 3821 et seq.);
``(iii) the implementation of (as determined
by the Secretary)--
``(I) a conservation plan;
``(II) a forest stewardship plan; or
``(III) a plan that is equivalent to
a conservation or forest stewardship
plan; and
``(iv) any additional requirements that
Secretary determines to be necessary.
``(C) Duration.--A contract under this subsection
shall have a term of not more than--
``(i) 5 years for annual and perennial crops;
or
``(ii) 15 years for woody biomass.
``(4) Relationship to other programs.--In carrying out this
subsection, the Secretary shall provide for the preservation of
cropland base and yield history applicable to the land enrolled
in a BCAP contract.
``(5) Payments.--
``(A) In general.--The Secretary shall make
establishment and annual payments directly to producers
to support the establishment and production of eligible
crops on contract acreage.
``(B) Amount of establishment payments.--
``(i) In general.--Subject to clause (ii), the
amount of an establishment payment under this
subsection shall be not more than 50 percent of
the costs of establishing an eligible perennial
crop covered by the contract but not to exceed
$500 per acre, including--
``(I) the cost of seeds and stock
for perennials;
``(II) the cost of planting the
perennial crop, as determined by the
Secretary; and
``(III) in the case of nonindustrial
private forestland, the costs of site
preparation and tree planting.
``(ii) Socially disadvantaged farmers or
ranchers.--In the case of socially disadvantaged
farmers or ranchers, the costs of establishment
may not exceed $750 per acre.
``(C) Amount of annual payments.--
``(i) In general.--Subject to clause (ii), the
amount of an annual payment under this subsection
shall be determined by the Secretary.
``(ii) Reduction.--The Secretary shall reduce
an annual payment by an amount determined to be
appropriate by the Secretary, if--
[[Page 128 STAT. 937]]
``(I) an eligible crop is used for
purposes other than the production of
energy at the biomass conversion
facility;
``(II) an eligible crop is delivered
to the biomass conversion facility;
``(III) the producer receives a
payment under subsection (d);
``(IV) the producer violates a term
of the contract; or
``(V) the Secretary determines a
reduction is necessary to carry out this
section.
``(D) Exclusion.--The Secretary shall not make any
BCAP payments on land for which payments are received
under the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3831 et seq.)
or the agricultural conservation easement program
established under subtitle H of title XII of that Act.
``(d) Assistance With Collection, Harvest, Storage, and
Transportation.--
``(1) In general.--The Secretary shall make a payment for
the delivery of eligible material to a biomass conversion
facility to--
``(A) a producer of an eligible crop that is
produced on BCAP contract acreage; or
``(B) a person with the right to collect or harvest
eligible material, regardless of whether the eligible
material is produced on contract acreage.
``(2) Payments.--
``(A) Costs covered.--A payment under this
subsection shall be in an amount described in
subparagraph (B) for--
``(i) collection;
``(ii) harvest;
``(iii) storage; and
``(iv) transportation to a biomass conversion
facility.
``(B) Amount.--Subject to paragraph (3), the
Secretary may provide matching payments at a rate of up
to $1 for each $1 per ton provided by the biomass
conversion facility, in an amount not to exceed $20 per
dry ton for a period of 2 years.
``(3) Limitation on assistance for bcap contract acreage.--
As a condition of the receipt of an annual payment under
subsection (c), a producer receiving a payment under this
subsection for collection, harvest, storage, or transportation
of an eligible crop produced on BCAP acreage shall agree to a
reduction in the annual payment.
``(e) Report.--Not later than 4 years after the date of enactment of
the Agricultural Act of 2014, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
on the dissemination by the Secretary of the best practice data and
information gathered from participants receiving assistance under this
section.
``(f) Funding.--
[[Page 128 STAT. 938]]
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$25,000,000 for each of fiscal years 2014 through 2018.
``(2) Collection, harvest, storage, and transportation
payments.--Of the amount made available under paragraph (1) for
each fiscal year, the Secretary shall use not less than 10
percent, nor more than 50 percent, of the amount to make
collection, harvest, transportation, and storage payments under
subsection (d)(2).
``(3) Technical assistance.--
``(A) In general.--Effective for fiscal year 2014
and each subsequent fiscal year, funds made available
under this subsection shall be available for the
provision of technical assistance with respect to
activities authorized under this section.
``(B) Relationship to other laws.--To the extent
funds obligated or expended under subparagraph (A)
include funds of the Commodity Credit Corporation, such
funds shall not be considered an allotment or fund
transfer from the Commodity Credit Corporation for
purposes of the limit on expenditures for technical
assistance imposed by section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i).''.
SEC. 9011. REPEAL OF FOREST BIOMASS FOR ENERGY.
Section 9012 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8112) is repealed.
SEC. 9012. COMMUNITY WOOD ENERGY PROGRAM.
(a) Definition of Biomass Consumer Cooperative.--Section 9013(a) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(a)) is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Biomass consumer cooperative.--The term `biomass
consumer cooperative' means a consumer membership organization
the purpose of which is to provide members with services or
discounts relating to the purchase of biomass heating products
or biomass heating systems.''.
(b) Grant Program.--Section 9013(b)(1) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8113(b)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) grants of up to $50,000 to biomass consumer
cooperatives for the purpose of establishing or
expanding biomass consumer cooperatives that will
provide consumers with services or discounts relating
to--
``(i) the purchase of biomass heating systems;
``(ii) biomass heating products, including
wood chips, wood pellets, and advanced biofuels;
or
``(iii) the delivery and storage of biomass of
heating products.''.
[[Page 128 STAT. 939]]
(c) Matching Funds.--Section 9013(d) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8113(d)) is amended--
(1) by striking ``A State or local government that receives
a grant under subsection (b)'' and inserting the following:
``(1) State and local governments.--A State or local
government that receives a grant under subparagraph (A) or (B)
of subsection (b)(1)''; and
(2) by adding at the end the following:
``(2) Biomass consumer cooperatives.--A biomass consumer
cooperative that receives a grant under subsection (b)(1)(C)
shall contribute an amount of non-Federal funds (which may
include State, local, and nonprofit funds and membership dues)
toward the establishment or expansion of a biomass consumer
cooperative that is at least equal to 50 percent of the amount
of Federal funds received for that purpose.''.
(d) Authorization of Appropriations.--Section 9013(e) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is amended
by striking ``2013'' and inserting ``2018''.
SEC. 9013. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY.
Section 9002 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2095) is repealed.
SEC. 9014. REPEAL OF RENEWABLE FERTILIZER STUDY.
Section 9003 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2096) is repealed.
SEC. 9015. ENERGY EFFICIENCY REPORT FOR USDA FACILITIES.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on energy
use and energy efficiency projects at the Washington, District of
Columbia, headquarters and the major regional facilities of the
Department of Agriculture.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) An analysis of energy use by the Department of
Agriculture headquarters and major regional facilities.
(2) A list of energy audits that have been conducted at such
facilities.
(3) A list of energy efficiency projects that have been
conducted at such facilities.
(4) A list of energy savings projects that could be achieved
with enacting a consistent, timely, and proper mechanical
insulation maintenance program and upgrading mechanical
insulation at such facilities.
TITLE X--HORTICULTURE
SEC. 10001. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 1622b(b)) is amended by striking ``2012'' and inserting
``2018''.
[[Page 128 STAT. 940]]
SEC. 10002. <<NOTE: 7 USC 1622c note.>> REPEAL OF GRANT PROGRAM
TO IMPROVE MOVEMENT OF SPECIALTY
CROPS.
Effective October 1, 2013, section 10403 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 1622c) is repealed.
SEC. 10003. FARMERS' MARKET AND LOCAL FOOD PROMOTION PROGRAM.
Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7
U.S.C. 3005) is amended--
(1) in the section heading, by inserting ``and local food''
after ``farmers' market'';
(2) in subsection (a)--
(A) by inserting ``and Local Food'' after ``Farmers'
Market'';
(B) by striking ``farmers' markets and to promote'';
and
(C) by striking the period and inserting ``and
assist in the development of local food business
enterprises.'';
(3) by striking subsection (b) and inserting the following:
``(b) Program Purposes.--The purposes of the Program are to increase
domestic consumption of and access to locally and regionally produced
agricultural products, and to develop new market opportunities for farm
and ranch operations serving local markets, by developing, improving,
expanding, and providing outreach, training, and technical assistance
to, or assisting in the development, improvement and expansion of--
``(1) domestic farmers' markets, roadside stands, community-
supported agriculture programs, agritourism activities, and
other direct producer-to-consumer market opportunities; and
``(2) local and regional food business enterprises
(including those that are not direct producer-to-consumer
markets) that process, distribute, aggregate, or store locally
or regionally produced food products.'';
(4) in subsection (c)(1)--
(A) by inserting ``or other agricultural business
entity'' after ``cooperative''; and
(B) by inserting ``, including a community supported
agriculture network or association'' after
``association'';
(5) by redesignating subsection (e) as subsection (g);
(6) by inserting after subsection (d) the following:
``(e) Priorities.--In providing grants under the Program, priority
shall be given to applications that include projects that benefit
underserved communities, including communities that--
``(1) are located in areas of concentrated poverty with
limited access to fresh locally or regionally grown foods; and
``(2) have not received benefits from the Program in the
recent past.
``(f) Funds Requirements for Eligible Entities.--
``(1) Matching funds.--An entity receiving a grant under
this section for a project to carry out a purpose described in
subsection (b)(2) shall provide matching funds in the form of
cash or an in-kind contribution in an amount equal to 25 percent
of the total cost of the project.
``(2) Limitation on use of funds.--An eligible entity may
not use a grant or other assistance provided under this section
for the purchase, construction, or rehabilitation of a building
or structure.''; and
[[Page 128 STAT. 941]]
(7) in subsection (g) (as redesignated by paragraph (5))--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``Fiscal years 2008 through 2012'' and inserting
``Mandatory funding'';
(ii) in subparagraph (B), by striking ``and''
at the end;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) $30,000,000 for each of fiscal years 2014
through 2018.'';
(B) by striking paragraphs (3) and (5);
(C) by redesignating paragraph (4) as paragraph (6);
and
(D) by inserting after paragraph (2) the following:
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2014 through 2018.
``(4) Use of funds.--Of the funds made available to carry
out this section for a fiscal year--
``(A) 50 percent of the funds shall be used for the
purposes described in subsection (b)(1); and
``(B) 50 percent of the funds shall be used for the
purposes described in subsection (b)(2).
``(5) Limitation on administrative expenses.--Not more than
4 percent of the total amount made available to carry out this
section for a fiscal year may be used for administrative
expenses.''.
SEC. 10004. ORGANIC AGRICULTURE.
(a) Organic Production and Market Data Initiatives.--Section 7407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c) is
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``and annually thereafter'' after ``this
subsection'';
(B) in paragraph (1), by striking ``and'' at the
end;
(C) by redesignating paragraph (2) as paragraph (3);
and
(D) by inserting after paragraph (1) the following:
``(2) describes how data collection agencies (such as the
Agricultural Marketing Service and the National Agricultural
Statistics Service) are coordinating with data user agencies
(such as the Risk Management Agency) to ensure that data
collected under this section can be used by data user agencies,
including by the Risk Management Agency to offer price elections
for all organic crops; and''; and
(2) in subsection (d)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Mandatory funding.--In addition to any funds made
available under paragraph (1), of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $5,000,000, to remain available until expended.''; and
[[Page 128 STAT. 942]]
(D) in paragraph (3) (as redesignated by
subparagraph (B))--
(i) in the paragraph heading, by striking
``for fiscal years 2008 through 2012'';
(ii) by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)''; and
(iii) by striking ``2012'' and inserting
``2018''.
(b) Modernization and Technology Upgrade for National Organic
Program.--Section 2123 of the Organic Foods Production Act of 1990 (7
U.S.C. 6522) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph (7);
and
(C) by inserting after paragraph (5) the following:
``(6) $15,000,000 for each of fiscal years 2014 through
2018; and''; and
(2) by adding at the end the following:
``(c) Modernization and Technology Upgrade for National Organic
Program.--
``(1) In general.--The Secretary shall modernize database
and technology systems of the national organic program.
``(2) Funding.--Of the funds of the Commodity Credit
Corporation and in addition to any other funds made available
for that purpose, the Secretary shall make available to carry
out this subsection $5,000,000 for fiscal year 2014, to remain
available until expended.''.
(c) National Organic Certification Cost-share Program.--Section
10606(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
6523(d)) is amended by striking paragraph (1) and inserting the
following:
``(1) Mandatory funding for fiscal years 2014 through
2018.--Of the funds of the Commodity Credit Corporation, the
Secretary shall make available to carry out this section
$11,500,000 for each of fiscal years 2014 through 2018, to
remain available until expended.''.
(d) Exemption of Certified Organic Products From Promotion Order
Assessments.--Section 501 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7401) is amended by striking subsection (e)
and inserting the following;
``(e) Exemption of Certified Organic Products From Promotion Order
Assessments.--
``(1) In general.--Notwithstanding any provision of a
commodity promotion law, a person that produces, handles,
markets, or imports organic products may be exempt from the
payment of an assessment under a commodity promotion law with
respect to any agricultural commodity that is certified as
`organic' or `100 percent organic' (as defined in part 205 of
title 7, Code of Federal Regulations (or a successor
regulation)).
``(2) Split operations.--The exemption described in
paragraph (1) shall apply to the certified `organic' or `100
percent organic' (as defined in part 205 of title 7 of the Code
of Federal Regulations (or a successor regulation)) products of
a producer, handler, or marketer regardless of whether the
agricultural commodity subject to the exemption is produced,
handled, or marketed by a person that also produces, handles, or
markets
[[Page 128 STAT. 943]]
conventional or nonorganic agricultural products, including
conventional or nonorganic agricultural products of the same
agricultural commodity as that for which the exemption is
claimed.
``(3) Approval.--The Secretary shall approve the exemption
of a person under this subsection if the person maintains a
valid organic certificate issued under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.).
``(4) Termination of effectiveness.--This subsection shall
be effective until the date on which the Secretary issues an
organic commodity promotion order in accordance with subsection
(f).
``(5) Regulations.--The Secretary shall promulgate
regulations concerning eligibility and compliance for an
exemption under paragraph (1).''.
(e) Organic Commodity Promotion Order.--Section 501 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401) is
amended by adding at the end the following:
``(f) Organic Commodity Promotion Order.--
``(1) Definitions.--In this subsection:
``(A) Certified organic farm.--The term `certified
organic farm' has the meaning given the term in section
2103 of the Organic Foods Production Act of 1990 (7
U.S.C. 6502).
``(B) Covered person.--The term `covered person'
means a producer, handler, marketer, or importer of an
organic agricultural commodity.
``(C) Dual-covered agricultural commodity.--The term
`dual-covered agricultural commodity' means an
agricultural commodity that--
``(i) is produced on a certified organic farm;
and
``(ii) is covered under both--
``(I) an organic commodity promotion
order issued pursuant to paragraph (2);
and
``(II) any other agricultural
commodity promotion order issued under
section 514.
``(2) Authorization.--The Secretary may issue an organic
commodity promotion order under section 514 that includes any
agricultural commodity that--
``(A) is produced or handled (as defined in section
2103 of the Organic Foods Production Act of 1990 (7
U.S.C. 6502)) and that is certified to be sold or
labeled as `organic' or `100 percent organic' (as
defined in part 205 of title 7, Code of Federal
Regulations (or a successor regulation)); or
``(B) is imported with a valid organic certificate
(as defined in that part).
``(3) Election.--If the Secretary issues an organic
commodity promotion order described in paragraph (2), a covered
person may elect, for applicable dual-covered agricultural
commodities and in the sole discretion of the covered person,
whether to be assessed under the organic commodity promotion
order or another applicable agricultural commodity promotion
order.
``(4) Regulations.--The Secretary shall promulgate
regulations concerning eligibility and compliance for an
exemption under paragraph (1).''.
[[Page 128 STAT. 944]]
(f) Definition of Agricultural Commodity.--Section 513(1) of the
Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C.
7412(1)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) products, as a class, that are--
``(i) produced on a certified organic farm (as
defined in section 2103 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6502)); and
``(ii) certified to be sold or labeled as
`organic' or `100 percent organic' (as defined in
part 205 of title 7, Code of Federal Regulations
(or a successor regulation));''.
SEC. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE ORGANIC FOODS
PRODUCTION ACT OF 1990.
(a) Recordkeeping by Certified Operations.--Section 2112 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6511) is amended by
striking subsection (d).
(b) Recordkeeping by Certifying Agents.--
(1) In general.--Section 2116 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6515) is amended--
(A) by striking subsection (c);
(B) by redesignating subsections (d) through (j) as
subsections (c) through (i), respectively; and
(C) in subsection (d) (as so redesignated), in the
matter preceding paragraph (1), by striking ``subsection
(d)'' and inserting ``subsection (c)''.
(2) Conforming amendment.--Section 2107(a)(8) of the Organic
Foods Production Act of 1990 (7 U.S.C. 6506(a)(8)) is amended by
striking ``section 2116(h)'' and inserting ``section 2116(g)''.
(c) Recordkeeping, Investigations, and Enforcement.--Section 2120 of
the Organic Foods Production Act of 1990 (7 U.S.C. 6519) is amended to
read as follows:
``SEC. 2120. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.
``(a) Recordkeeping.--
``(1) In general.--Except as otherwise provided in this
title, each person who sells, labels, or represents any
agricultural product as having been produced or handled using
organic methods shall make available to the Secretary or the
applicable governing State official, on request by the Secretary
or official, all records associated with the agricultural
product.
``(2) Certified operations.--Each producer that operates a
certified organic farm or certified organic handling operation
under this title shall maintain, for a period of not less than 5
years, all records concerning the production or handling of any
agricultural product sold or labeled as organically produced
under this title, including--
``(A) a detailed history of substances applied to
fields or agricultural products;
``(B) the name and address of each person who
applied such a substance; and
``(C) the date, rate, and method of application of
each such substance.
``(3) Certifying agents.--
[[Page 128 STAT. 945]]
``(A) Maintenance of records.--A certifying agent
shall maintain all records concerning the activities of
the certifying agent under this title for a period of
not less than 10 years.
``(B) Access for secretary.--A certifying agent
shall provide to the Secretary and the applicable
governing State official (or a representative) access to
all records concerning the activities of the certifying
agent under this title.
``(C) Transference of records.--If a private person
that was certified under this title is dissolved or
loses accreditation, all records and copies of records
concerning the activities of the person under this title
shall be--
``(i) transferred to the Secretary; and
``(ii) made available to the applicable
governing State official.
``(4) Unlawful act.--It shall be unlawful and a violation of
this title for any person covered by this title to fail or
refuse to provide accurate information (including a delay in the
timely delivery of such information) required by the Secretary
under this title.
``(5) Confidentiality.--Except as provided in section
2107(a)(9), or as otherwise directed by the Secretary or the
Attorney General for enforcement purposes, no officer, employee,
or agent of the United States shall make available to the public
any information, statistic, or document obtained from, or made
available by, any person under this title, other than in a
manner that ensures that confidentiality is preserved
regarding--
``(A) the identity of all relevant persons
(including parties to a contract); and
``(B) proprietary business information.
``(b) Investigations.--
``(1) In general.--The Secretary may take such investigative
actions as the Secretary considers to be necessary--
``(A) to verify the accuracy of any information
reported or made available under this title; and
``(B) to determine whether a person covered by this
title has committed a violation of any provision of this
title, including an order or regulation promulgated by
the Secretary pursuant to this title.
``(2) Specific investigative powers.--In carrying out this
title, the Secretary may--
``(A) administer oaths and affirmations;
``(B) subpoena witnesses;
``(C) compel attendance of witnesses;
``(D) take evidence; and
``(E) require the production of any records required
to be maintained under this title that are relevant to
an investigation.
``(c) Violations of Title.--
``(1) Misuse of label.--Any person who knowingly sells or
labels a product as organic, except in accordance with this
title, shall be subject to a civil penalty of not more than
$10,000.
``(2) False statement.--Any person who makes a false
statement under this title to the Secretary, a governing State
official, or a certifying agent shall be punished in accordance
with section 1001 of title 18, United States Code.
[[Page 128 STAT. 946]]
``(3) Ineligibility.--
``(A) In general.--Except as provided in
subparagraph (C), any person that carries out an
activity described in subparagraph (B), after notice and
an opportunity to be heard, shall not be eligible, for
the 5-year period beginning on the date of the
occurrence, to receive a certification under this title
with respect to any farm or handling operation in which
the person has an interest.
``(B) Description of activities.--An activity
referred to in subparagraph (A) is--
``(i) making a false statement;
``(ii) attempting to have a label indicating
that an agricultural product is organically
produced affixed to an agricultural product that a
person knows, or should have reason to know, to
have been produced or handled in a manner that is
not in accordance with this title; or
``(iii) otherwise violating the purposes of
the applicable organic certification program, as
determined by the Secretary.
``(C) Waiver.--Notwithstanding subparagraph (A), the
Secretary may modify or waive a period of ineligibility
under this paragraph if the Secretary determines that
the modification or waiver is in the best interests of
the applicable organic certification program established
under this title.
``(4) Reporting of violations.--A certifying agent shall
immediately report any violation of this title to the Secretary
or the applicable governing State official.
``(5) Violations by certifying agent.--A certifying agent
that is a private person that violates the provisions of this
title or falsely or negligently certifies any farming or
handling operation that does not meet the terms and conditions
of the applicable organic certification program as an organic
operation, as determined by the Secretary or the applicable
governing State official shall, after notice and an opportunity
to be heard--
``(A) lose accreditation as a certifying agent under
this title; and
``(B) be ineligible to be accredited as a certifying
agent under this title for a period of not less than 3
years, beginning on the date of the determination.
``(6) Effect on other law.--Nothing in this title alters--
``(A) the authority of the Secretary concerning
meat, poultry and egg products under--
``(i) the Federal Meat Inspection Act (21
U.S.C. 601 et seq.);
``(ii) the Poultry Products Inspection Act (21
U.S.C. 451 et seq.); or
``(iii) the Egg Products Inspection Act (21
U.S.C. 1031 et seq.);
``(B) the authority of the Secretary of Health and
Human Services under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.); or
``(C) the authority of the Administrator of the
Environmental Protection Agency under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.).''.
[[Page 128 STAT. 947]]
SEC. 10006. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 7655a(c)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 10007. CONSOLIDATION OF PLANT PEST AND DISEASE MANAGEMENT AND
DISASTER PREVENTION PROGRAMS.
(a) Relocation of Legislative Language Relating to National Clean
Plant Network.--Section 420 of the Plant Protection Act (7 U.S.C. 7721)
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) National Clean Plant Network.--
``(1) In general.--The Secretary shall establish a program
to be known as the `National Clean Plant Network' (referred to
in this subsection as the `Program').
``(2) Requirements.--Under the Program, the Secretary shall
establish a network of clean plant centers for diagnostic and
pathogen elimination services--
``(A) to produce clean propagative plant material;
and
``(B) to maintain blocks of pathogen-tested plant
material in sites located throughout the United States.
``(3) Availability of clean plant source material.--Clean
plant source material may be made available to--
``(A) a State for a certified plant program of the
State; and
``(B) private nurseries and producers.
``(4) Consultation and collaboration.--In carrying out the
Program, the Secretary shall--
``(A) consult with--
``(i) State departments of agriculture; and
``(ii) land-grant colleges and universities
and NLGCA Institutions (as those terms are defined
in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)); and
``(B) to the extent practicable and with input from
the appropriate State officials and industry
representatives, use existing Federal or State
facilities to serve as clean plant centers.
``(5) Funding for fiscal year 2013.--There is authorized to
be appropriated to carry out the Program $5,000,000 for fiscal
year 2013.''.
(b) Funding.--Subsection (f) of section 420 of the Plant Protection
Act (7 U.S.C. 7721) (as so redesignated) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking ``and each fiscal year
thereafter.'' and inserting a semicolon; and
(3) by adding at the end the following:
``(5) $62,500,000 for each of fiscal years 2014 through
2017; and
``(6) $75,000,000 for fiscal year 2018 and each fiscal year
thereafter.''.
(c) Repeal of Existing Provision.--Section 10202 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 7761) is repealed.
[[Page 128 STAT. 948]]
(d) Use of Funds for Clean Plant Network.--Section 420 of the Plant
Protection Act (7 U.S.C. 7721) (as amended by subsection (a)), is
amended by adding at the end the following:
``(g) Use of Funds for Clean Plant Network.--Of the funds made
available under subsection (f) to carry out this section for a fiscal
year, not less than $5,000,000 shall be available to carry out the
National Clean Plant Network under subsection (e).
``(h) Limitation on Indirect Costs for the Consolidation of Plant
Pest and Disease Management and Disaster Prevention Programs.--Indirect
costs charged against a cooperative agreement under this section shall
not exceed the lesser of--
``(1) 15 percent of the total Federal funds provided under
the cooperative agreement, as determined by the Secretary; and
``(2) the indirect cost rate applicable to the recipient as
otherwise established by law.''.
SEC. 10008. IMPORTATION OF SEED.
Section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136o(c)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Importation of seed.--Notwithstanding any other
provision of law, no person is required to notify the
Administrator of the arrival of a plant-incorporated protectant
(as defined in section 174.3 of title 40, Code of Federal
Regulations (or any successor regulation)) that is contained in
a seed, if--
``(A) that plant-incorporated protectant is
registered under section 3;
``(B) the Administrator has issued an experimental
use permit for that plant-incorporated protectant under
section 5; or
``(C) the seed is covered by a permit (as defined in
part 340 of title 7, Code of Federal Regulations (or any
successor regulation)) or a notification.
``(3) Cooperation.--
``(A) In general.--In response to a request from the
Administrator, the Secretary of Agriculture shall
provide to the Administrator a list of seed containing
plant-incorporated protectants (as defined in section
174.3 of title 40, Code of Federal Regulations (or any
successor regulation)) if the importation of that seed
into the United States has been approved under a permit
or notification referred to in paragraph (2).
``(B) Contents.--The list under subparagraph (A)
shall be provided in a form and at such intervals as may
be agreed to by the Secretary and the Administrator.
``(4) Applicability.--Nothing in this subsection precludes
or limits the authority of the Secretary of Agriculture with
respect to the importation or movement of plants, plant
products, or seeds under--
``(A) the Plant Protection Act (7 U.S.C. 7701 et
seq.); and
``(B) the Federal Seed Act (7 U.S.C. 1551 et
seq.).''.
[[Page 128 STAT. 949]]
SEC. 10009. BULK SHIPMENTS OF APPLES TO CANADA.
(a) Bulk Shipment of Apples to Canada.--Section 4 of the Export
Apple Act (7 U.S.C. 584) is amended--
(1) by striking ``Sec. 4. Apples in'' and inserting the
following:
``SEC. 4. EXEMPTIONS.
``(a) In General.--Apples in''; and
(2) by adding at the end the following:
``(b) Bulk Containers.--Apples may be shipped to Canada in bulk
containers without complying with the provisions of this Act.''.
(b) Definition of Bulk Container.--Section 9 of the Export Apple Act
(7 U.S.C. 589) is amended by adding at the end the following:
``(5) The term `bulk container' means a container that contains a
quantity of apples weighing more than 100 pounds.''.
(c) Regulations.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall issue regulations to carry out the
amendments made by this section.
SEC. 10010. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (j)'' and inserting
``subsection (l)''; and
(B) by striking ``2012'' and inserting ``2018'';
(2) by striking subsection (b) and inserting the following:
``(b) Grants Based on Value and Acreage.--Subject to subsection (c),
for each State whose application for a grant for a fiscal year that is
accepted by the Secretary under subsection (f), the amount of the grant
for that fiscal year to the State under this section shall bear the same
ratio to the total amount made available under subsection (l)(1) for
that fiscal year as--
``(1) the average of the most recent available value of
specialty crop production in the State and the acreage of
specialty crop production in the State, as demonstrated in the
most recent Census of Agriculture data; bears to
``(2) the average of the most recent available value of
specialty crop production in all States and the acreage of
specialty crop production in all States, as demonstrated in the
most recent Census of Agriculture data.'';
(3) by redesignating subsection (j) as subsection (l);
(4) by inserting after subsection (i) the following:
``(j) Multistate Projects.--Not later than 180 days after the
effective date of the Agricultural Act of 2014, the Secretary of
Agriculture shall issue guidance for the purpose of making grants to
multistate projects under this section for projects involving--
``(1) food safety;
``(2) plant pests and disease;
``(3) research;
``(4) crop-specific projects addressing common issues; and
``(5) any other area that furthers the purposes of this
section, as determined by the Secretary.
``(k) Administration.--
[[Page 128 STAT. 950]]
``(1) Department.--The Secretary of Agriculture may not use
more than 3 percent of the funds made available to carry out
this section for a fiscal year for administrative expenses.
``(2) States.--A State receiving a grant under this section
may not use more than 8 percent of the funds received under the
grant for a fiscal year for administrative expenses.''; and
(5) in subsection (l) (as redesignated by paragraph (3))--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and
indenting appropriately;
(B) by striking ``Of the funds'' and inserting the
following:
``(1) In general.--Of the funds'';
(C) in paragraph (1) (as so designated)--
(i) in subparagraph (B) (as redesignated by
subparagraph (A)), by striking ``and'' at the end;
(ii) in subparagraph (C) (as redesignated by
subparagraph (A)), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) $72,500,000 for each of fiscal years 2014
through 2017; and
``(E) $85,000,000 for fiscal year 2018 and each
fiscal year thereafter.''; and
(D) by adding at the end the following:
``(2) Multistate projects.--Of the funds made available
under paragraph (1), the Secretary may use to carry out
subsection (j), to remain available until expended--
``(A) $1,000,000 for fiscal year 2014;
``(B) $2,000,000 for fiscal year 2015;
``(C) $3,000,000 for fiscal year 2016;
``(D) $4,000,000 for fiscal year 2017; and
``(E) $5,000,000 for fiscal year 2018.''.
SEC. 10011. DEPARTMENT OF AGRICULTURE CONSULTATION REGARDING
ENFORCEMENT OF CERTAIN LABOR LAW
PROVISIONS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall consult with the Secretary of Labor
regarding the restraining of shipments of agricultural commodities, or
the confiscation of agricultural commodities, by the Department of Labor
for actual or suspected labor law violations in order to consider--
(1) the perishable nature of the commodities;
(2) the impact of the restraining or confiscation on the
economic viability of farming operations; and
(3) the competitiveness of specialty crops through grants
awarded to States under section 101 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-
465).
(b) Report.--The Secretary of Labor shall submit to the Committees
on Agriculture and Education and Workforce of the House of
Representative and the Committees on Agriculture, Nutrition, and
Forestry and Health, Education, Labor, and Pensions of the Senate a
report that describes the number of instances during the period of
fiscal years 2008 through 2013 that the Department of Labor has
contacted a purchaser of perishable agricultural
[[Page 128 STAT. 951]]
commodities to notify that purchaser of an investigation or pending
enforcement action against a producer from whom the purchaser has
purchased perishable agricultural commodities.
SEC. 10012. REPORT ON HONEY.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary, in consultation with persons affected by the
potential establishment of a Federal standard for the identity of honey,
shall submit to the Commissioner of Food and Drugs a report describing
how an appropriate Federal standard for the identity of honey would be
in the interest of consumers, the honey industry, and United States
agriculture.
(b) Considerations.--In preparing the report required under
subsection (a), the Secretary shall take into consideration the March
2006, Standard of Identity citizens petition filed with the Food and
Drug Administration, including any current industry amendments or
clarifications necessary to update that petition.
SEC. 10013. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days and 1 year after the date
of enactment of this Act, the Administrator of the Environmental
Protection Agency and Secretaries of Commerce, Agriculture and the
Interior shall submit to the Committees on Agriculture and Natural
Resources of the House of Representatives and the Committees on
Agriculture, Nutrition, and Forestry and Environment and Public Works of
the Senate, 2 reports that describe approaches and actions taken by the
Environmental Protection Agency, the United States Fish and Wildlife
Service, and the National Marine Fisheries Service--
(1) to implement recommendations, including an analysis of
how any identified delays to implementation will be overcome, of
the 2013 Expert Report authored by the National Research Council
of the National Academies entitled ``Assessing Risks to
Endangered and Threatened Species from Pesticides'';
(2) to otherwise minimize delays in integrating--
(A) the pesticide registration and registration
review requirements of sections 3 and 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a, 136w-8); and
(B) the species and habitat protection processes
described in sections 7 and 10 of the Endangered Species
Act of 1973 (16 U.S.C. 1536, 1539); and
(3) to ensure public participation and transparency during
the development, implementation, and evaluation of the
approaches to implement the recommendations contained in the
report described in paragraph (1).
(b) Requirement for Final Report.--In addition to the requirements
of subsection (a), the final report submitted to Congress under that
subsection shall--
(1) inform Congress of specific actions that have been and
will be taken to address the recommendations identified in
subsection (a)(1), including an evaluation to establish that--
(A) the approaches utilize the best available
science;
(B) reasonable and prudent alternatives within
biological opinions are technologically and economically
feasible;
(C) reasonable and prudent measures are necessary
and appropriate; and
[[Page 128 STAT. 952]]
(D) the agencies ensure public participation and
transparency in the development of reasonable and
prudent alternatives and reasonable and prudent
measures; and
(2) update the study and report required by subsections (b)
and (c) of section 1010 of Public Law 100-478 (7 U.S.C. 136a
note).
SEC. 10014. STAY OF REGULATIONS.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall lift the administrative stay imposed under the rule of
the Secretary entitled ``Christmas Tree Promotion, Research, and
Information Order; Stay of Regulations'' and published by the Department
of Agriculture on November 17, 2011 (76 Fed. Reg. 71241), on the
regulations in subpart A of part 1214 of title 7, Code of Federal
Regulations, establishing an industry-funded promotion, research, and
information program for fresh-cut Christmas trees.
SEC. 10015. <<NOTE: 21 USC 346a note.>> REGULATION OF SULFURYL
FLUORIDE.
Notwithstanding any other provision of law, the Administrator of the
Environmental Protection Agency shall exclude nonpesticideal sources of
fluoride from any aggregate exposure assessment required under section
408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) when
assessing tolerances associated with residues from the pesticide.
SEC. 10016. <<NOTE: 7 USC 2204h.>> LOCAL FOOD PRODUCTION AND
PROGRAM EVALUATION.
(a) In General.--The Secretary shall--
(1) collect data on--
(A) the production and marketing of locally or
regionally produced agricultural food products; and
(B) direct and indirect regulatory compliance costs
affecting the production and marketing of locally or
regionally produced agricultural food products;
(2) facilitate interagency collaboration and data sharing on
programs relating to local and regional food systems;
(3) monitor--
(A) the effectiveness of programs designed to expand
or facilitate local food systems; and
(B) barriers to local and regional market access due
to Federal regulation of small-scale production; and
(4) evaluate the manner in which local food systems--
(A) contribute to improving community food security;
and
(B) assist populations with limited access to
healthy food.
(b) Requirements.--In carrying out this section, the Secretary
shall, at a minimum--
(1) collect and distribute comprehensive reporting of prices
and volume of locally or regionally produced agricultural food
products;
(2) conduct surveys and analysis and publish reports
relating to the production, handling, distribution, retail
sales, and trend studies (including consumer purchasing
patterns) of or on locally or regionally produced agricultural
food products;
(3) evaluate the effectiveness of existing programs in
growing local and regional food systems, including--
[[Page 128 STAT. 953]]
(A) the impact of local food systems on job creation
and economic development;
(B) the level of participation in the Farmers'
Market and Local Food Promotion Program established
under section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005), including the
percentage of projects funded in comparison to
applicants and the types of eligible entities receiving
funds;
(C) the ability of participants to leverage private
capital and a synopsis of the places from which non-
Federal funds are derived; and
(D) any additional resources required to aid in the
development or expansion of local and regional food
systems;
(4) evaluate the impact that Federal regulation of small
commercial producers of agricultural food products intended for
local and regional consumption may have on--
(A) local job creation and economic development;
(B) access to local and regional fruit and vegetable
markets, including for new and beginning small
commercial producers; and
(C) participation in--
(i) supplier networks;
(ii) high volume distribution systems; and
(iii) retail sales outlets;
(5) expand the Agricultural Resource Management Survey of
the Department to include questions on locally or regionally
produced agricultural food products; and
(6) seek to establish or expand private-public partnerships
to facilitate, to the maximum extent practicable, the collection
of data on locally or regionally produced agricultural food
products, including the development of a nationally coordinated
and regionally balanced evaluation of the redevelopment of
locally or regionally produced food systems.
(c) Report.--Not later than 1 year after the date of enactment of
this Act and annually thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
describing the progress that has been made in implementing this section
and identifying any additional needs and barriers related to developing
local and regional food systems.
SEC. 10017. <<NOTE: 15 USC 714i note.>> CLARIFICATION OF USE OF
FUNDS FOR TECHNICAL ASSISTANCE.
In the case of each program established or amended by this title
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation, the use of those funds to provide
technical assistance shall not be considered an allotment or fund
transfer from the Commodity Credit Corporation for purposes of the limit
on expenditures for technical assistance imposed by section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i).
[[Page 128 STAT. 954]]
TITLE XI--CROP INSURANCE
SEC. 11001. INFORMATION SHARING.
Section 502(c) of the Federal Crop Insurance Act (7 U.S.C. 1502(c))
is amended by adding at the end the following:
``(4) Information.--
``(A) Request.--Subject to subparagraph (B), the
Farm Service Agency shall, in a timely manner, provide
to an agent or an approved insurance provider authorized
by the producer any information (including Farm Service
Agency Form 578s (or any successor form)) or maps (or
any corrections to those forms or maps) that may assist
the agent or approved insurance provider in insuring the
producer under a policy or plan of insurance under this
subtitle.
``(B) Privacy.--Except as provided in subparagraph
(C), an agent or approved insurance provider that
receives the information of a producer pursuant to
subparagraph (A) shall treat the information in
accordance with paragraph (1).
``(C) Sharing.--Nothing in this section prohibits
the sharing of the information of a producer pursuant to
subparagraph (A) between the agent and the approved
insurance provider of the producer.''.
SEC. 11002. PUBLICATION OF INFORMATION ON VIOLATIONS OF
PROHIBITION ON PREMIUM ADJUSTMENTS.
Section 508(a)(9) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(9)) is amended by adding at the end the following:
``(C) Publication of violations.--
``(i) Publication required.--Subject to clause
(ii), the Corporation shall publish in a timely
manner on the website of the Risk Management
Agency information regarding each violation of
this paragraph, including any sanctions imposed in
response to the violation, in sufficient detail so
that the information may serve as effective
guidance to approved insurance providers, agents,
and producers.
``(ii) Protection of privacy.--In providing
information under clause (i) regarding violations
of this paragraph, the Corporation shall redact
the identity of the persons and entities
committing the violations in order to protect the
privacy of those persons and entities.''.
SEC. 11003. SUPPLEMENTAL COVERAGE OPTION.
(a) Availability of Supplemental Coverage Option.--Section 508(c) of
the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended by striking
paragraph (3) and inserting the following:
``(3) Yield and loss basis options.--A producer shall have
the option of purchasing additional coverage based on--
``(A)(i) an individual yield and loss basis; or
``(ii) an area yield and loss basis; or
``(B) an individual yield and loss basis,
supplemented with coverage based on an area yield and
loss basis to cover a part of the deductible under the
individual yield and loss policy, as described in
paragraph (4)(C).''.
[[Page 128 STAT. 955]]
(b) Level of Coverage.--Section 508(c) of the Federal Crop Insurance
Act (7 U.S.C. 1508(c)) is amended by striking paragraph (4) and
inserting the following:
``(4) Level of coverage.--
``(A) Dollar denomination and percentage of yield.--
Except as provided in subparagraph (C), the level of
coverage--
``(i) shall be dollar denominated; and
``(ii) may be purchased at any level not to
exceed 85 percent of the individual yield or 95
percent of the area yield (as determined by the
Corporation).
``(B) Information.--The Corporation shall provide
producers with information on catastrophic risk and
additional coverage in terms of dollar coverage (within
the allowable limits of coverage provided in this
paragraph).
``(C) Supplemental coverage option.--
``(i) In general.--Notwithstanding
subparagraph (A), in the case of the supplemental
coverage option described in paragraph (3)(B), the
Corporation shall offer producers the opportunity
to purchase coverage in combination with a policy
or plan of insurance offered under this subtitle
that would allow indemnities to be paid to a
producer equal to a part of the deductible under
the policy or plan of insurance--
``(I) at a county-wide level to the
fullest extent practicable; or
``(II) in counties that lack
sufficient data, on the basis of such
larger geographical area as the
Corporation determines to provide
sufficient data for purposes of
providing the coverage.
``(ii) Trigger.--Coverage offered under
paragraph (3)(B) and clause (i) shall be triggered
only if the losses in the area exceed 14 percent
of normal levels (as determined by the
Corporation).
``(iii) Coverage.--Subject to the trigger
described in clause (ii), coverage offered under
paragraph (3)(B) and clause (i) shall not exceed
the difference between--
``(I) 86 percent; and
``(II) the coverage level selected
by the producer for the underlying
policy or plan of insurance.
``(iv) Ineligible crops and acres.--Crops for
which the producer has elected under section 1116
of the Agricultural Act of 2014 to receive
agriculture risk coverage and acres that are
enrolled in the stacked income protection plan
under section 508B shall not be eligible for
supplemental coverage under this subparagraph.
``(v) Calculation of premium.--Notwithstanding
subsection (d), the premium for coverage offered
under paragraph (3)(B) and clause (i) shall--
``(I) be sufficient to cover
anticipated losses and a reasonable
reserve; and
``(II) include an amount for
operating and administrative expenses
established in accordance with
subsection (k)(4)(F).''.
[[Page 128 STAT. 956]]
(c) Payment of Portion of Premium by Corporation.--Section 508(e)(2)
of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended by
adding at the end the following:
``(H) In the case of the supplemental coverage
option authorized in subsection (c)(4)(C), the amount
shall be equal to the sum of--
``(i) 65 percent of the additional premium
associated with the coverage; and
``(ii) the amount determined under subsection
(c)(4)(C)(v)(II), subject to subsection (k)(4)(F),
for the coverage to cover operating and
administrative expenses.''.
(d) <<NOTE: 7 USC 1508 note.>> Application Date.--The Federal Crop
Insurance Corporation shall begin to provide additional coverage based
on an individual yield and loss basis, supplemented with coverage based
on an area yield and loss basis, as described in the amendments made by
this section, not later than for the 2015 crop year.
SEC. 11004. CROP MARGIN COVERAGE OPTION.
Section 508(c)(3) of the Federal Crop Insurance Act (7 U.S.C.
1508(c)(3)) (as amended by section 11003) is amended--
(1) in subparagraph (A)(ii), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) a margin basis alone or in combination with
the coverages available under subparagraph (A) or
(B).''.
SEC. 11005. PREMIUM AMOUNTS FOR CATASTROPHIC RISK PROTECTION.
Section 508(d)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(d)(2)) is amended by striking subparagraph (A) and inserting the
following:
``(A) In the case of catastrophic risk protection,
the amount of the premium established by the Corporation
for each crop for which catastrophic risk protection is
available shall be reduced by the percentage equal to
the difference between the average loss ratio for the
crop and 100 percent, plus a reasonable reserve, as
determined by the Corporation.''.
SEC. 11006. PERMANENT ENTERPRISE UNIT SUBSIDY.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Corporation may pay a portion
of the premiums for plans or policies of insurance for
which the insurable unit is defined on a whole farm or
enterprise unit basis that is higher than would
otherwise be paid in accordance with paragraph (2).''.
SEC. 11007. ENTERPRISE UNITS FOR IRRIGATED AND NONIRRIGATED CROPS.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by adding at the end the following:
``(D) Nonirrigated crops.--Beginning with the 2015
crop year, the Corporation shall make available separate
[[Page 128 STAT. 957]]
enterprise units for irrigated and nonirrigated acreage
of crops in counties.''.
SEC. 11008. DATA COLLECTION.
Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)) is amended by adding at the end the following:
``(E) Sources of yield data.--To determine yields
under this paragraph, the Corporation--
``(i) shall use county data collected by the
Risk Management Agency, the National Agricultural
Statistics Service, or both; or
``(ii) if sufficient county data is not
available, may use other data considered
appropriate by the Secretary.''.
SEC. 11009. ADJUSTMENT IN ACTUAL PRODUCTION HISTORY TO ESTABLISH
INSURABLE YIELDS.
Section 508(g) of the Federal Crop Insurance Act (7 U.S.C. 1508(g))
(as amended by section 11008) is amended--
(1) in paragraph (2)(A), by inserting ``and paragraph
(4)(C)'' after ``(B)''; and
(2) in paragraph (4)--
(A) by redesignating subparagraph (C) as
subparagraph (D);
(B) in subparagraph (D) (as so redesignated), by
inserting ``or (C)'' after ``(B)''; and
(C) by inserting after subparagraph (B) the
following:
``(C) Election to exclude certain history.--
``(i) In general.--Notwithstanding paragraph
(2), with respect to 1 or more of the crop years
used to establish the actual production history of
an agricultural commodity of the producer, the
producer may elect to exclude any recorded or
appraised yield for any crop year in which the per
planted acre yield of the agricultural commodity
in the county of the producer was at least 50
percent below the simple average of the per
planted acre yield of the agricultural commodity
in the county during the previous 10 consecutive
crop years.
``(ii) Contiguous counties.--In any crop year
that a producer in a county is eligible to make an
election to exclude a yield under clause (i), a
producer in a contiguous county is eligible to
make such an election.
``(iii) Irrigation practice.--For purposes of
determining whether the per planted acre yield of
the agricultural commodity in the county of the
producer was at least 50 percent below the simple
average of the per planted acre yield of the
agricultural commodity in the county during the
previous 10 consecutive crop years, the
Corporation shall make a separate determination
for irrigated and nonirrigated acreage.''.
SEC. 11010. SUBMISSION OF POLICIES AND BOARD REVIEW AND APPROVAL.
(a) In General.--Section 508(h) of the Federal Crop Insurance Act (7
U.S.C. 1508(h)) is amended--
(1) in paragraph (1)--
[[Page 128 STAT. 958]]
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by striking ``(1) In general.--In addition'' and
inserting the following:
``(1) Authority to submit.--
``(A) In general.--In addition''; and
(C) by adding at the end the following:
``(B) Review and submission by corporation.--The
Corporation shall review any policy developed under
section 522(c) or any pilot program developed under
section 523 and submit the policy or program to the
Board under this subsection if the Corporation, at the
sole discretion of the Corporation, finds that the
policy or program--
``(i) will likely result in a viable and
marketable policy consistent with this subsection;
``(ii) would provide crop insurance coverage
in a significantly improved form; and
``(iii) adequately protects the interests of
producers.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Review and approval by the board.--
``(A) In general.--A policy, plan of insurance, or
other material submitted to the Board under this
subsection shall be reviewed by the Board and shall be
approved by the Board for reinsurance and for sale by
approved insurance providers to producers at actuarially
appropriate rates and under appropriate terms and
conditions if the Board determines that--
``(i) the interests of producers are
adequately protected;
``(ii) the proposed policy or plan of
insurance will--
``(I) provide a new kind of coverage
that is likely to be viable and
marketable;
``(II) provide crop insurance
coverage in a manner that addresses a
clear and identifiable flaw or problem
in an existing policy; or
``(III) provide a new kind of
coverage for a commodity that previously
had no available crop insurance, or has
demonstrated a low level of
participation or coverage level under
existing coverage; and
``(iii) the proposed policy or plan of
insurance will not have a significant adverse
impact on the crop insurance delivery system.
``(B) Consideration.--In approving policies or plans
of insurance, the Board shall in a timely manner--
``(i) first, consider policies or plans of
insurance that address underserved commodities,
including commodities for which there is no
insurance;
``(ii) second, consider existing policies or
plans of insurance for which there is inadequate
coverage or there exists low levels of
participation; and
``(iii) last, consider all policies or plans
of insurance submitted to the Board that do not
meet the criteria described in clause (i) or (ii).
[[Page 128 STAT. 959]]
``(C) Specified review and approval priorities.--In
reviewing policies and other materials submitted to the
Board under this subsection for approval, the Board--
``(i) shall make the development and approval
of a revenue policy for peanut producers a
priority so that a revenue policy is available to
peanut producers in time for the 2015 crop year;
``(ii) shall make the development and approval
of a margin coverage policy for rice producers a
priority so that a margin coverage policy is
available to rice producers in time for the 2015
crop year; and
``(iii) may approve a submission that is made
pursuant to this subsection that would, beginning
with the 2015 crop year, allow producers that
purchase policies in accordance with subsection
(e)(5)(A) to separate enterprise units by risk
rating for acreage of crops in counties.''.
(b) Approval of Costs for Research and Development.--Section
522(b)(2) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)) is
amended by striking subparagraph (E) and inserting the following:
``(E) Approval.--
``(i) In general.--The Board may approve up to
50 percent of the projected total research and
development costs to be paid in advance to an
applicant, in accordance with the procedures
developed by the Board for the making of the
payments, if, after consideration of the reviewer
reports described in subparagraph (D) and such
other information as the Board determines
appropriate, the Board determines that--
``(I) the concept, in good faith,
will likely result in a viable and
marketable policy consistent with
section 508(h);
``(II) at the sole discretion of the
Board, the concept, if developed into a
policy and approved by the Board, would
provide crop insurance coverage--
``(aa) in a significantly
improved form;
``(bb) to a crop or region
not traditionally served by the
Federal crop insurance program;
or
``(cc) in a form that
addresses a recognized flaw or
problem in the program;
``(III) the applicant agrees to
provide such reports as the Corporation
determines are necessary to monitor the
development effort;
``(IV) the proposed budget and
timetable are reasonable, as determined
by the Board; and
``(V) the concept proposal meets any
other requirements that the Board
determines appropriate.
``(ii) Waiver.--The Board may waive the 50-
percent limitation and, upon request of the
submitter after the submitter has begun research
and development activities, the Board may approve
an additional 25 percent advance payment to the
submitter for
[[Page 128 STAT. 960]]
research and development costs, if, at the sole
discretion of the Board, the Board determines
that--
``(I) the intended policy or plan of
insurance developed by the submitter
will provide coverage for a region or
crop that is underserved by the Federal
crop insurance program, including
specialty crops; and
``(II) the submitter is making
satisfactory progress towards developing
a viable and marketable policy or plan
of insurance consistent with section
508(h).''.
SEC. 11011. CONSULTATION.
Section 508(h)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)(4)) is amended by adding at the end the following:
``(E) Consultation.--
``(i) Requirement.--As part of the feasibility
and research associated with the development of a
policy or other material for fruits and
vegetables, tree nuts, dried fruits, and
horticulture and nursery crops (including
floriculture), the submitter prior to making a
submission under this subsection shall consult
with groups representing producers of those
agricultural commodities in all major producing
areas for the commodities to be served or
potentially impacted, either directly or
indirectly.
``(ii) Submission to the board.--Any
submission made to the Board under this subsection
shall contain a summary and analysis of the
feasibility and research findings from the
impacted groups described in clause (i), including
a summary assessment of the support for or against
development of the policy and an assessment on the
impact of the proposed policy to the general
marketing and production of the crop from both a
regional and national perspective.
``(iii) Evaluation by the board.--In
evaluating whether the interests of producers are
adequately protected pursuant to paragraph (3)
with respect to a submission made under this
subsection, the Board shall review the information
provided pursuant to clause (ii) to determine if
the submission will create adverse market
distortions with respect to the production of
commodities that are the subject of the
submission.''.
SEC. 11012. BUDGET LIMITATIONS ON RENEGOTIATION OF THE STANDARD
REINSURANCE AGREEMENT.
Section 508(k)(8) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(8)) is amended by adding at the end the following:
``(F) Budget.--
``(i) In general.--The Board shall ensure that
any Standard Reinsurance Agreement negotiated
under subparagraph (A)(ii) shall--
``(I) to the maximum extent
practicable, be estimated as budget
neutral with respect to the total amount
of payments described in paragraph
[[Page 128 STAT. 961]]
(9) as compared to the total amount of
such payments estimated to be made under
the immediately preceding Standard
Reinsurance Agreement if that Agreement
were extended over the same period of
time;
``(II) comply with the applicable
provisions of this Act establishing the
rates of reimbursement for
administrative and operating costs for
approved insurance providers and agents,
except that, to the maximum extent
practicable, the estimated total amount
of reimbursement for those costs shall
not be less than the total amount of the
payments to be made under the
immediately preceding Standard
Reinsurance Agreement if that Agreement
were extended over the same period of
time, as estimated on the date of
enactment of the Agricultural Act of
2014; and
``(III) in no event significantly
depart from budget neutrality unless
otherwise required by this Act.
``(ii) Use of savings.--To the extent that any
budget savings are realized in the renegotiation
of a Standard Reinsurance Agreement under
subparagraph (A)(ii), and the savings are
determined not to be a significant departure from
budget neutrality under clause (i), the savings
shall be used to increase reimbursements or
payments described under paragraphs (4) and
(9).''.
SEC. 11013. TEST WEIGHT FOR CORN.
Section 508(m) of the Federal Crop Insurance Act (7 U.S.C. 1508(m))
is amended by adding at the end the following:
``(6) Test weight for corn.--
``(A) In general.--The Corporation shall establish
procedures to allow insured producers not more than 120
days to settle claims, in accordance with procedures
established by the Secretary, involving corn that is
determined to have low test weight.
``(B) Implementation.--As soon as practicable after
the date of enactment of this paragraph, the Corporation
shall implement subparagraph (A) on a regional basis
based on market conditions and the interests of
producers.
``(C) Termination of effectiveness.--The authority
provided by this paragraph terminates effective on the
date that is 5 years after the date on which
subparagraph (A) is implemented.''.
SEC. 11014. CROP PRODUCTION ON NATIVE SOD.
(a) Federal Crop Insurance.--Section 508(o) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)) is amended--
(1) in paragraph (1)(B), by inserting ``, or the producer
cannot substantiate that the ground has ever been tilled,''
after ``tilled'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking
``Ineligibility for'' and inserting ``Reduction in'';
(B) by striking subparagraph (A) and inserting the
following:
[[Page 128 STAT. 962]]
``(A) In general.--During the first 4 crop years of
planting, as determined by the Secretary, native sod
acreage that has been tilled for the production of an
annual crop after the date of enactment of the
Agricultural Act of 2014 shall be subject to a reduction
in benefits under this subtitle as described in this
paragraph.''; and
(C) by adding at the end the following:
``(C) Administration.--
``(i) Reduction.--For purposes of the
reduction in benefits for the acreage described in
subparagraph (A)--
``(I) the crop insurance guarantee
shall be determined by using a yield
equal to 65 percent of the transitional
yield of the producer; and
``(II) the crop insurance premium
subsidy provided for the producer under
this subtitle, except for coverage
authorized pursuant to subsection
(b)(1), shall be 50 percentage points
less than the premium subsidy that would
otherwise apply.
``(ii) Yield substitution.--During the period
native sod acreage is covered by this subsection,
a producer may not substitute yields for the
native sod.'';
(3) by striking paragraph (3) and inserting the following:
``(3) Application.--This subsection shall only apply to
native sod acreage in the States of Minnesota, Iowa, North
Dakota, South Dakota, Montana, and Nebraska.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)(4)) is amended--
(1) in the paragraph heading, by striking ``ineligibility''
and inserting ``reduction in benefits'';
(2) in subparagraph (A)(ii), by inserting ``, or the
producer cannot substantiate that the ground has ever been
tilled,'' after ``tilled'';
(3) in subparagraph (B)--
(A) in the subparagraph heading, by striking
``Ineligibility for'' and inserting ``Reduction in'';
(B) by striking clause (i) and inserting the
following:
``(i) In general.--During the first 4 crop
years of planting, as determined by the Secretary,
native sod acreage that has been tilled for the
production of an annual crop after the date of
enactment of the Agricultural Act of 2014 shall be
subject to a reduction in benefits under this
section as described in this subparagraph.''; and
(C) by adding at the end the following:
``(iii) Reduction.--For purposes of the
reduction in benefits for the acreage described in
clause (i)--
``(I) the approved yield shall be
determined by using a yield equal to 65
percent of the transitional yield of the
producer; and
``(II) the service fees or premiums
for crops planted on native sod shall be
equal to 200 percent of the amount
determined in subsections (l)(2) or (k),
as applicable, but in no case shall
exceed the amount determined in
subsection (l)(2)(B)(ii).''; and
[[Page 128 STAT. 963]]
(4) by striking subparagraph (C) and inserting the
following:
``(C) Application.--This paragraph shall only apply
to native sod acreage in the States of Minnesota, Iowa,
North Dakota, South Dakota, Montana, and Nebraska.''.
(c) Cropland Report.--
(1) Baseline.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that describes the cropland acreage in each applicable
county and State, and the change in cropland acreage from the
preceding year in each applicable county and State, beginning
with calendar year 2000 and including that information for the
most recent year for which that information is available.
(2) Annual updates.--Not later than January 1, 2015, and
each January 1 thereafter through January 1, 2018, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes--
(A) the cropland acreage in each applicable county
and State as of the date of submission of the report;
and
(B) the change in cropland acreage from the
preceding year in each applicable county and State.
SEC. 11015. COVERAGE LEVELS BY PRACTICE.
Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is
amended by adding at the end the following:
``(p) Coverage Levels by Practice.--Beginning with the 2015 crop
year, a producer that produces an agricultural commodity on both dry
land and irrigated land may elect a different coverage level for each
production practice.''.
SEC. 11016. BEGINNING FARMER AND RANCHER PROVISIONS.
(a) Definition.--Section 502(b) of the Federal Crop Insurance Act (7
U.S.C. 1502(b)) is amended--
(1) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a farmer or rancher who has not
actively operated and managed a farm or ranch with a bona fide
insurable interest in a crop or livestock as an owner-operator,
landlord, tenant, or sharecropper for more than 5 crop years, as
determined by the Secretary.''.
(b) Premium Adjustments.--Section 508 of the Federal Crop Insurance
Act (7 U.S.C. 1508) is amended--
(1) in subsection (b)(5)(E), by inserting ``and beginning
farmers or ranchers'' after ``limited resource farmers'';
(2) in subsection (e), by adding at the end the following:
``(8) Premium for beginning farmers or ranchers.--
Notwithstanding any other provision of this subsection regarding
payment of a portion of premiums, a beginning farmer or rancher
shall receive premium assistance that is 10 percentage points
greater than premium assistance that would otherwise be
available under paragraphs (2) (except for
[[Page 128 STAT. 964]]
subparagraph (A) of that paragraph), (5), (6), and (7) for the
applicable policy, plan of insurance, and coverage level
selected by the beginning farmer or rancher.''; and
(3) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i), by striking ``or'' at the
end;
(ii) in clause (ii)(III), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) if the producer is a beginning farmer
or rancher who was previously involved in a
farming or ranching operation, including
involvement in the decisionmaking or physical
involvement in the production of the crop or
livestock on the farm, for any acreage obtained by
the beginning farmer or rancher, a yield that is
the higher of--
``(I) the actual production history
of the previous producer of the crop or
livestock on the acreage determined
under subparagraph (A); or
``(II) a yield of the producer, as
determined in clause (i).''; and
(B) in paragraph (4)(B)(ii)--
(i) by inserting ``(I)'' after ``(ii)'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(II) in the case of beginning farmers or
ranchers, replace each excluded yield with a yield
equal to 80 percent of the applicable transitional
yield.''.
SEC. 11017. STACKED INCOME PROTECTION PLAN FOR PRODUCERS OF UPLAND
COTTON.
(a) Availability of Stacked Income Protection Plan for Producers of
Upland Cotton.--The Federal Crop Insurance Act is amended by inserting
after section 508A (7 U.S.C. 1508a) the following:
``SEC. 508B. <<NOTE: 7 USC 1508b.>> STACKED INCOME PROTECTION
PLAN FOR PRODUCERS OF UPLAND COTTON.
``(a) Availability.--Beginning not later than the 2015 crop of
upland cotton, the Corporation shall make available to producers of
upland cotton an additional policy (to be known as the `Stacked Income
Protection Plan'), which shall provide coverage consistent with the
Group Risk Income Protection Plan (and the associated Harvest Revenue
Option Endorsement) offered by the Corporation for the 2011 crop year.
``(b) Required Terms.--The Corporation may modify the Stacked Income
Protection Plan on a program-wide basis, except that the Stacked Income
Protection Plan shall comply with the following requirements:
``(1) Provide coverage for revenue loss of not less than 10
percent and not more than 30 percent of expected county revenue,
specified in increments of 5 percent. The deductible shall be
the minimum percent of revenue loss at which indemnities are
triggered under the plan, not to be less than 10 percent of the
expected county revenue.
``(2) Be offered to producers of upland cotton in all
counties with upland cotton production--
[[Page 128 STAT. 965]]
``(A) at a county-wide level to the fullest extent
practicable; or
``(B) in counties that lack sufficient data, on the
basis of such larger geographical area as the
Corporation determines to provide sufficient data for
purposes of providing the coverage.
``(3) Be purchased in addition to any other individual or
area coverage in effect on the producer's acreage or as a stand-
alone policy, except that if a producer has an individual or
area coverage for the same acreage, the maximum coverage
available under the Stacked Income Protection Plan shall not
exceed the deductible for the individual or area coverage.
``(4) Establish coverage based on--
``(A) the expected price established under existing
Group Risk Income Protection or area wide policy offered
by the Corporation for the applicable county (or area)
and crop year; and
``(B) an expected county yield that is the higher
of--
``(i) the expected county yield established
for the existing area-wide plans offered by the
Corporation for the applicable county (or area)
and crop year (or, in geographic areas where area-
wide plans are not offered, an expected yield
determined in a manner consistent with those of
area-wide plans); or
``(ii) the average of the applicable yield
data for the county (or area) for the most recent
5 years, excluding the highest and lowest
observations, from the Risk Management Agency or
the National Agricultural Statistics Service (or
both) or, if sufficient county data is not
available, such other data considered appropriate
by the Secretary.
``(5) Use a multiplier factor to establish maximum
protection per acre (referred to as a `protection factor') of
not less than the higher of the level established on a program
wide basis or 120 percent.
``(6) Pay an indemnity based on the amount that the expected
county revenue exceeds the actual county revenue, as applied to
the individual coverage of the producer. Indemnities under the
Stacked Income Protection Plan shall not include or overlap the
amount of the deductible selected under paragraph (1).
``(7) In all counties for which data are available,
establish separate coverage levels for irrigated and
nonirrigated practices.
``(c) Premium.--Notwithstanding section 508(d), the premium for the
Stacked Income Protection Plan shall--
``(1) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(2) include an amount for operating and administrative
expenses established in accordance with section 508(k)(4)(F).
``(d) Payment of Portion of Premium by Corporation.--Subject to
section 508(e)(4), the amount of premium paid by the Corporation for all
qualifying coverage levels of the Stacked Income Protection Plan shall
be--
``(1) 80 percent of the amount of the premium established
under subsection (c) for the coverage level selected; and
[[Page 128 STAT. 966]]
``(2) the amount determined under subsection (c)(2), subject
to section 508(k)(4)(F), for the coverage to cover
administrative and operating expenses.
``(e) Relation to Other Coverages.--The Stacked Income Protection
Plan is in addition to all other coverages available to producers of
upland cotton.''.
(b) Conforming Amendment.--Section 508(k)(4)(F) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(4)(F)) is amended by inserting ``or
authorized under subsection (c)(4)(C) or section 508B'' after ``of this
subparagraph''.
SEC. 11018. PEANUT REVENUE CROP INSURANCE.
The Federal Crop Insurance Act is amended by inserting after section
508B (as added by section 11017), the following:
``SEC. 508C. <<NOTE: 7 USC 1508c.>> PEANUT REVENUE CROP
INSURANCE.
``(a) In General.--Effective beginning with the 2015 crop year, the
Risk Management Agency and the Corporation shall make available to
producers of peanuts a revenue crop insurance program for peanuts.
``(b) Effective Price.--Subject to subsection (c), for purposes of
the revenue crop insurance program and the multiperil crop insurance
program under this Act, the effective price for peanuts shall be equal
to the Rotterdam price index for peanuts or other appropriate price as
determined by the Secretary, as adjusted to reflect the farmer stock
price of peanuts in the United States.
``(c) Adjustments.--
``(1) In general.--The effective price for peanuts
established under subsection (b) may be adjusted by the Risk
Management Agency and the Corporation to correct distortions.
``(2) Administration.--If an adjustment is made under
paragraph (1), the Risk Management Agency and the Corporation
shall--
``(A) make the adjustment in an open and transparent
manner; and
``(B) submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the reasons for the adjustment.''.
SEC. 11019. AUTHORITY TO CORRECT ERRORS.
Section 515(c) of the Federal Crop Insurance Act (7 U.S.C. 1515(c))
is amended--
(1) in the first sentence, by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary'';
(2) in the second sentence, by striking ``Beginning with''
and inserting the following:
``(2) Frequency.--Beginning with''; and
(3) by adding at the end the following:
``(3) Corrections.--
``(A) In general.--In addition to the corrections
permitted by the Corporation as of the day before the
date of enactment of the Agricultural Act of 2014, the
Corporation shall establish procedures that allow an
agent or an approved insurance provider, subject to
subparagraph (B)--
``(i) within a reasonable amount of time
following the applicable sales closing date, to
correct errors in
[[Page 128 STAT. 967]]
information that is provided by a producer for the
purpose of obtaining coverage under any policy or
plan of insurance made available under this
subtitle to ensure that the eligibility
information is correct and consistent with
information reported by the producer for other
programs administered by the Secretary;
``(ii) within a reasonable amount of time
following--
``(I) the acreage reporting date, to
reconcile errors in the information
reported by the producer with correct
information determined from any other
program administered by the Secretary;
or
``(II) the date of any subsequent
correction of data by the Farm Service
Agency made as a result of the
verification of information, to make
conforming corrections; and
``(iii) at any time, to correct electronic
transmission errors that were made by an agent or
approved insurance provider, or such errors made
by the Farm Service Agency or any other agency of
the Department of Agriculture in transmitting the
information provided by the producer for purposes
of other programs of the Department to the extent
an agent or approved insurance provider relied
upon the erroneous information for crop insurance
purposes.
``(B) Limitation.--In accordance with the procedures
of the Corporation, correction to the information
described in clauses (i) and (ii) of subparagraph (A)
may only be made if the corrections do not allow the
producer--
``(i) to avoid ineligibility requirements for
insurance or obtain a disproportionate benefit
under the crop insurance program or any related
program administered by the Secretary;
``(ii) to obtain, enhance, or increase an
insurance guarantee or indemnity if a cause of
loss exists or has occurred before any correction
has been made, or avoid premium owed if no loss is
likely to occur; or
``(iii) to avoid an obligation or requirement
under any Federal or State law.
``(C) Exception to late filing sanctions.--Any
corrections made within a reasonable amount of time, in
accordance with established procedures, pursuant to this
paragraph shall not be subject to any late filing
sanctions authorized in the reinsurance agreement with
the Corporation.
``(D) Late payment of debt.--In the case of a
producer that has inadvertently failed to pay a debt due
as specified by regulations of the Corporation and has
been determined to be ineligible for crop insurance
pursuant to the terms of the policy as a result of that
failure, the Corporation may determine to allow the
producer to pay the debt and purchase the crop insurance
after the sales closing date, in accordance with
procedures and limitations established by the
Corporation.''.
[[Page 128 STAT. 968]]
SEC. 11020. IMPLEMENTATION.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(1) in subsection (j), by striking paragraph (1) and
inserting the following:
``(1) Systems maintenance and upgrades.--
``(A) In general.--The Secretary shall maintain and
upgrade the information management systems of the
Corporation used in the administration and enforcement
of this subtitle.
``(B) Requirement.--
``(i) In general.--In maintaining and
upgrading the systems, the Secretary shall ensure
that new hardware and software are compatible with
the hardware and software used by other agencies
of the Department to maximize data sharing and
promote the purposes of this section.
``(ii) Acreage report streamlining initiative
project.--As soon as practicable, the Secretary
shall develop and implement an acreage report
streamlining initiative project to allow producers
to report acreage and other information directly
to the Department.''; and
(2) in subsection (k), by striking paragraph (1) and
inserting the following:
``(1) Information technology.--
``(A) In general.--For purposes of subsection
(j)(1), the Corporation may use, from amounts made
available from the insurance fund established under
section 516(c), not more than--
``(i)(I) for fiscal year 2014, $14,000,000;
and
``(II) for each of fiscal years 2015 through
2018, $9,000,000; or
``(ii) if the Acreage Crop Reporting
Streamlining Initiative (ACRSI) project is
substantially completed by September 30, 2015, not
more than $14,000,000 for each of the fiscal years
2015 through 2018.
``(B) Notification.--The Secretary shall notify the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and
Forestry of the Senate of the substantial completion of
the Acreage Crop Reporting Streamlining Initiative
(ACRSI) project not later than July 1, 2015.''.
SEC. 11021. CROP INSURANCE FRAUD.
Section 516(b)(2) of the Federal Crop Insurance Act (7 U.S.C.
1516(b)(2)) is amended by adding at the end the following:
``(C) Reviews, compliance, and integrity.--
``(i) In general.--For each of the 2014 and
subsequent reinsurance years, the Corporation may
use the insurance fund established under
subsection (c), but not to exceed $9,000,000 for
each fiscal year, to pay costs--
``(I) to reimburse expenses incurred
for the operations and review of
policies, plans of insurance, and
related materials (including actuarial
and related information); and
[[Page 128 STAT. 969]]
``(II) to assist the Corporation in
maintaining program actuarial soundness
and financial integrity.
``(ii) Secretarial action.--For the purposes
described in clause (i), the Secretary may,
without further appropriation--
``(I) merge some or all of the funds
made available under this subparagraph
into the accounts of the Risk Management
Agency; and
``(II) obligate those funds.
``(iii) Maintenance of funding.--Funds made
available under this subparagraph shall be in
addition to other funds made available for costs
incurred by the Corporation or the Risk Management
Agency.''.
SEC. 11022. RESEARCH AND DEVELOPMENT PRIORITIES.
(a) Authority to Conduct Research and Development, Priorities.--
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is
amended--
(1) in the subsection heading, by striking ``Contracting'';
(2) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``may enter into contracts to carry out
research and development to'' and inserting ``may conduct
activities or enter into contracts to carry out research and
development to maintain or improve existing policies or develop
new policies to'';
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting ``conduct
research and development or'' after ``The Corporation
may''; and
(B) in subparagraph (B), by inserting ``conducting
research and development or'' after ``Before'';
(4) in paragraph (5), by inserting ``after expert review in
accordance with section 505(e)'' after ``approved by the
Board'';
(5) in paragraph (6), by striking ``a pasture, range, and
forage program'' and inserting ``policies that increase
participation by producers of underserved agricultural
commodities, including sweet sorghum, biomass sorghum, rice,
peanuts, sugarcane, alfalfa, pennycress, dedicated energy crops,
and specialty crops'';
(6) by redesignating paragraph (17) as paragraph (25); and
(7) by inserting after paragraph (16), the following:
``(17) Margin coverage for catfish.--
``(A) In general.--The Corporation shall offer to
enter into a contract with a qualified entity to conduct
research and development regarding a policy to insure
producers against reduction in the margin between the
market value of catfish and selected costs incurred in
the production of catfish.
``(B) Eligibility.--Eligibility for the policy
described in subparagraph (A) shall be limited to
freshwater species of catfish that are propagated and
reared in controlled or selected environments.
``(C) Implementation.--The Board shall review the
policy described in subparagraph (B) under section
508(h) and approve the policy if the Board finds that
the policy--
[[Page 128 STAT. 970]]
``(i) will likely result in a viable and
marketable policy consistent with this subsection;
``(ii) would provide crop insurance coverage
in a significantly improved form;
``(iii) adequately protects the interests of
producers; and
``(iv) meets other requirements of this
subtitle determined appropriate by the Board.
``(18) Biomass and sweet sorghum energy crop insurance
policies.--
``(A) In general.--The Corporation shall offer to
enter into 1 or more contracts with qualified entities
to carry out research and development regarding--
``(i) a policy to insure biomass sorghum that
is grown expressly for the purpose of producing a
feedstock for renewable biofuel, renewable
electricity, or biobased products; and
``(ii) a policy to insure sweet sorghum that
is grown for a purpose described in clause (i).
``(B) Research and development.--Research and
development with respect to each of the policies
required in subparagraph (A) shall evaluate the
effectiveness of risk management tools for the
production of biomass sorghum or sweet sorghum,
including policies and plans of insurance that--
``(i) are based on market prices and yields;
``(ii) to the extent that insufficient data
exist to develop a policy based on market prices
and yields, evaluate the policies and plans of
insurance based on the use of weather indices,
including excessive or inadequate rainfall, to
protect the interest of crop producers; and
``(iii) provide protection for production or
revenue losses, or both.
``(19) Study on swine catastrophic disease program.--
``(A) In general.--The Corporation shall contract
with 1 or more qualified entities to conduct a study to
determine the feasibility of insuring swine producers
for a catastrophic event.
``(B) Report.--Not later than 1 year after the date
of the enactment of this paragraph, the Corporation
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study conducted
under subparagraph (A).
``(20) Whole farm diversified risk management insurance
plan.--
``(A) In general.--Unless the Corporation approves a
whole farm insurance plan, similar to the plan described
in this paragraph, to be available to producers for the
2016 reinsurance year, the Corporation shall conduct
activities or enter into contracts to carry out research
and development to develop a whole farm risk management
insurance plan, with a liability limitation of
$1,500,000, that allows a diversified crop or livestock
producer the option to qualify for an indemnity if
actual gross farm
[[Page 128 STAT. 971]]
revenue is below 85 percent of the average gross farm
revenue or the expected gross farm revenue that can
reasonably be expected of the producer, as determined by
the Corporation.
``(B) Eligible producers.--The Corporation shall
permit producers (including direct-to-consumer marketers
and producers servicing local and regional and farm
identity-preserved markets) who produce multiple
agricultural commodities, including specialty crops,
industrial crops, livestock, and aquaculture products,
to participate in the plan developed under subparagraph
(A) in lieu of any other plan under this subtitle.
``(C) Diversification.--The Corporation may provide
diversification-based additional coverage payment rates,
premium discounts, or other enhanced benefits in
recognition of the risk management benefits of crop and
livestock diversification strategies for producers
that--
``(i) grow multiple crops; or
``(ii) may have income from the production of
livestock that uses a crop grown on the farm.
``(D) Market readiness.--The Corporation may include
coverage for the value of any packing, packaging, or any
other similar on-farm activity the Corporation
determines to be the minimum required in order to remove
the commodity from the field.
``(21) Study on poultry catastrophic disease program.--
``(A) In general.--The Corporation shall contract
with a qualified person to conduct a study to determine
the feasibility of insuring poultry producers for a
catastrophic event.
``(B) Report.--Not later than 1 year after the date
of the enactment of this paragraph, the Corporation
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study conducted
under subparagraph (A).
``(22) Poultry business interruption insurance policy.--
``(A) Definitions.--In this paragraph, the terms
`poultry' and `poultry grower' have the meanings given
those terms in section 2(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(a)).
``(B) Authority.--The Corporation shall offer to
enter into a contract or cooperative agreement with an
institution of higher education or other legal entity to
carry out research and development regarding a policy to
insure the commercial production of poultry against
business interruptions caused by integrator bankruptcy.
``(C) Research and development.--As part of the
research and development conducted pursuant to a
contract or cooperative agreement entered into under
subparagraph (B), the entity shall--
``(i) evaluate the market place for business
interruption insurance that is available to
poultry growers;
[[Page 128 STAT. 972]]
``(ii) determine what statutory authority
would be necessary to implement a business
interruption insurance through the Corporation;
``(iii) assess the feasibility of a policy or
plan of insurance offered under this subtitle to
insure against a portion of losses due to business
interruption or to the bankruptcy of an business
integrator; and
``(iv) analyze the costs to the Federal
Government of a Federal business interruption
insurance program for poultry growers or
producers.
``(D) Deadline for contract or cooperative
agreement.--Not later than 180 days after the date of
enactment of this paragraph, the Corporation shall offer
to enter into the contract or cooperative agreement
required by subparagraph (B).
``(E) Deadline for completion of research and
development.--Not later than 1 year after the date of
enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the research and development
conducted pursuant to the contract or cooperative
agreement entered into under subparagraph (B).]
``(23) Study of food safety insurance.--
``(A) In general.--The Corporation shall offer to
enter into a contract with 1 or more qualified entities
to conduct a study to determine whether offering
policies that provide coverage for specialty crops from
food safety and contamination issues would benefit
agricultural producers.
``(B) Subject.--The study described in subparagraph
(A) shall evaluate policies and plans of insurance
coverage that provide protection for production or
revenue impacted by food safety concerns including, at a
minimum, government, retail, or national consumer group
announcements of a health advisory, removal, or recall
related to a contamination concern.
``(C) Report.--Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the study conducted under
subparagraph (A).''.
``(24) Alfalfa crop insurance policy.--
``(A) In general.--The Corporation shall offer to
enter into 1 or more contracts with qualified entities
to carry out research and development regarding a policy
to insure alfalfa.
``(B) Report.--Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the study conducted under
subparagraph (A).''.
[[Page 128 STAT. 973]]
(b) Funding.--Section 522(e) of the Federal Crop Insurance Act (7
U.S.C. 1522(e)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph heading, by striking
``Authority.--'' and inserting ``Conducting and
contracting for research and development.--''; and
(ii) by inserting ``conduct research and
development and'' after ``the Corporation may use
to''; and
(B) in subparagraph (B), by inserting ``conduct
research and development and'' after ``for the fiscal
year to'';
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``to provide either reimbursement payments or
contract payments''; and
(3) by striking paragraph (4).
SEC. 11023. CROP INSURANCE FOR ORGANIC CROPS.
(a) In General.--Section 508(c)(6) of the Federal Crop Insurance Act
(7 U.S.C. 1508(c)(6)) is amended by adding at the end the following:
``(D) Organic crops.--
``(i) In general.--As soon as possible, but
not later than the 2015 reinsurance year, the
Corporation shall offer producers of organic crops
price elections for all organic crops produced in
compliance with standards issued by the Department
of Agriculture under the national organic program
established under the Organic Foods Production Act
of 1990 (7 U.S.C. 6501 et seq.) that reflect the
actual retail or wholesale prices, as appropriate,
received by producers for organic crops, as
determined by the Secretary using all relevant
sources of information.
``(ii) Annual report.--The Corporation shall
submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate
an annual report on progress made in developing
and improving Federal crop insurance for organic
crops, including--
``(I) the numbers and varieties of
organic crops insured;
``(II) the progress of implementing
the price elections required under this
subparagraph, including the rate at
which additional price elections are
adopted for organic crops;
``(III) the development of new
insurance approaches relevant to organic
producers; and
``(IV) any recommendations the
Corporation considers appropriate to
improve Federal crop insurance coverage
for organic crops.''.
(b) Conforming Amendment.--Section 522(c) of the Federal Crop
Insurance Act (7 U.S.C. 1522(c)) (as amended by section 11022) is
amended--
(1) by striking paragraph (10); and
(2) by redesignating paragraphs (11) through (25) as
paragraphs (10) through (24), respectively.
[[Page 128 STAT. 974]]
SEC. 11024. PROGRAM COMPLIANCE PARTNERSHIPS.
(a) In General.--Section 522(d) of the Federal Crop Insurance Act (7
U.S.C. 1522(d)) is amended by striking paragraph (1) and inserting the
following:
``(1) Purpose.--The purpose of this subsection is to
authorize the Corporation to enter into partnerships with public
and private entities for the purpose of either--
``(A) increasing the availability of loss
mitigation, financial, and other risk management tools
for producers, with a priority given to risk management
tools for producers of agricultural commodities covered
by section 196 of the Agricultural Market Transition Act
(7 U.S.C. 7333), specialty crops, and underserved
agricultural commodities; or
``(B) improving analysis tools and technology
regarding compliance or identifying and using innovative
compliance strategies.''.
(b) Objectives.--Section 522(d)(3) of the Federal Crop Insurance Act
(7 U.S.C. 1522(d)(3)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) to improve analysis tools and technology
regarding compliance or identifying and using innovative
compliance strategies; and''.
SEC. 11025. PILOT PROGRAMS.
Section 523(a) of the Federal Crop Insurance Act (7 U.S.C. 1523(a))
is amended--
(1) in paragraph (1), by inserting ``, at the sole
discretion of the Corporation,'' after ``may''; and
(2) by striking paragraph (5).
SEC. 11026. INDEX-BASED WEATHER INSURANCE PILOT PROGRAM.
Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523) is
amended by adding at the end the following:
``(i) Underserved Crops and Regions Pilot Programs.--
``(1) Definition of livestock commodity.--In this
subsection, the term `livestock commodity' includes cattle,
sheep, swine, goats, and poultry, including pasture, rangeland,
and forage as a source of feed for that livestock.
``(2) Authorization.--Notwithstanding subsection (a)(2), the
Corporation may conduct 2 or more pilot programs to provide
producers of underserved specialty crops and livestock
commodities with index-based weather insurance, subject to the
requirements of this section.
``(3) Review and approval of submissions.--
``(A) In general.--The Board shall approve 2 or more
proposed policies or plans of insurance from approved
insurance providers if the Board determines that the
policies or plans provide coverage as specified in
paragraph (2), and meet the conditions described in this
paragraph
``(B) Requirements.--To be eligible for approval
under this subsection, the approved insurance provider
shall have--
[[Page 128 STAT. 975]]
``(i) adequate experience underwriting and
administering policies or plans of insurance that
are comparable to the proposed policy or plan of
insurance;
``(ii) sufficient assets or reinsurance to
satisfy the underwriting obligations of the
approved insurance provider, and possess a
sufficient insurance credit rating from an
appropriate credit rating bureau, in accordance
with Board procedures; and
``(iii) applicable authority and approval from
each State in which the approved insurance
provider intends to sell the insurance product.
``(C) Review requirements.--In reviewing
applications under this subsection, the Board shall
conduct the review in a manner consistent with the
standards, rules, and procedures for policies or plans
of insurance submitted under section 508(h) and the
actuarial soundness requirements applied to other
policies and plans of insurance made available under
this subtitle.
``(D) Prioritization.--The Board shall prioritize
applications that provide a new kind of coverage for
specialty crops and livestock commodities that
previously had no available crop insurance, or has
demonstrated a low level of participation under existing
coverage.
``(4) Payment of premium support.--
``(A) In general.--The Corporation shall pay a
portion of the premium for producers that purchase a
policy or plan of insurance approved pursuant to this
subsection.
``(B) Amount.--The premium subsidy shall provide a
similar dollar amount of premium subsidy per acre that
the Corporation pays for comparable policies or plans of
insurance reinsured under this subtitle, except that in
no case shall the premium subsidy exceed 60 percent of
total premium, as determined by the Corporation.
``(C) Calculation.--The premium subsidy, as
determined by the Corporation, shall be calculated as--
``(i) a percentage of premium;
``(ii) a percentage of expected loss
determined pursuant to a reasonable actuarial
methodology; or
``(iii) a fixed dollar amount per acre.
``(D) Payment.--Subject to subparagraphs (B) and
(C), the premium subsidy under this subsection shall be
paid by the Corporation in the same manner and under the
same terms and conditions as premium subsidy for other
policies and plans of insurance.
``(E) Operating and administrative expense
payments.--
``(i) In general.--Subject to clause (ii),
operating and administrative expense payments may
be made for policies and plans of insurance
approved under this subsection in an amount that
is commensurate with similar policies and plans of
insurance reinsured under this subtitle, on the
condition that the operating and administrative
expenses are not included in premiums.
``(ii) Limitation.--Subject to subparagraph
(F)(i), Federal reinsurance, research and
development costs, other reimbursements, or
maintenance fees shall not
[[Page 128 STAT. 976]]
be provided or collected for policies and plans of
insurance approved under this subsection.
``(F) Approved insurance providers.--Any policy or
plan of insurance approved under this subsection may be
sold only by the approved insurance provider that
submits the application and by any additional approved
insurance provider that--
``(i) agrees to pay maintenance fees or other
payments to the approved insurance provider that
submitted the application in an amount agreed to
by the applicant and the additional approved
insurance provider, on the condition that the fees
or payments shall be reasonable and appropriate to
ensure that the policies or plans of insurance may
be made available by additional approved insurance
providers; and
``(ii) meets the eligibility criteria of
paragraph (3)(B), as determined by the Board.
``(G) Relationship to other provisions.--The
requirements of this paragraph shall apply
notwithstanding paragraph (6).
``(5) Oversight.--The Corporation shall develop and publish
procedures to administer policies or plans of insurance approved
under this subsection that--
``(A) require each approved insurance provider to
report sales, acreage and claim data, and any other data
that the Corporation determines to be appropriate, to
allow the Corporation to evaluate sales and performance
of the product; and
``(B) contain such other requirements as the
Corporation determines necessary to ensure that the
products--
``(i) do not have a significant adverse impact
on the crop insurance delivery system;
``(ii) are in the best interests of producers;
and
``(iii) do not result in a reduction of
program integrity.
``(6) Confidentiality.--
``(A) In general.--All reports required under
paragraph (5) and all other proprietary information and
data generated or derived from applicants under this
subsection shall be considered to be confidential
commercial or financial information for the purposes of
section 552(b)(4) of title 5, United States Code.
``(B) Standard.--If information concerning a
proposal could be withheld by the Secretary under the
standard for privileged or confidential information
pertaining to trade secrets and commercial or financial
information under section 552(b)(4) of title 5, United
States Code, the information shall not be released to
the public.
``(7) Ineligible purposes.--In no case shall a policy or
plan of insurance made available under this subsection provide
coverage substantially similar to privately available hail
insurance.
``(8) Funding.--
``(A) Limitation on expenditures.--Notwithstanding
any other provision in this subsection, of the funds of
the Corporation, the Corporation shall use to carry out
this section not more than $12,500,000 for each of
fiscal
[[Page 128 STAT. 977]]
years 2015 through 2018, to remain available until
expended.
``(B) Relation to other programs.--The amount of
funds made available under this section shall be in
addition to amounts made available under other
provisions of this subtitle, including amounts made
available under subsection (b).''.
SEC. 11027. ENHANCING PRODUCER SELF-HELP THROUGH FARM FINANCIAL
BENCHMARKING.
(a) Definition.--Section 502(b) of the Federal Crop Insurance Act (7
U.S.C. 1502(b)) (as amended by section 11016(a)(1)) is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) Farm financial benchmarking.--The term `farm financial
benchmarking' means--
``(A) the process of comparing the performance of an
agricultural enterprise against the performance of other
similar enterprises, through the use of comparable and
reliable data, in order to identify business management
strengths, weaknesses, and steps necessary to improve
management performance and business profitability; and
``(B) benchmarking of the type conducted by farm
management and producer associations consistent with the
activities described in or funded pursuant to section
1672D of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925f).''.
(b) Partnerships for Risk Management for Producers of Specialty
Crops and Underserved Agricultural Commodities.--Section 522(d)(3)(F) of
the Federal Crop Insurance Act (7 U.S.C. 1522(d)(3)(F)) is amended by
inserting ``farm financial benchmarking,'' after ``management,''.
(c) Crop Insurance Education and Risk Management Assistance.--
Section 524(a) of the Federal Crop Insurance Act (7 U.S.C. 1524(a)) is
amended--
(1) in paragraph (3)(A), by inserting ``farm financial
benchmarking,'' after ``risk reduction,''; and
(2) in paragraph (4), in the matter preceding subparagraph
(A), by inserting ``(including farm financial benchmarking)''
after ``management strategies''.
SEC. 11028. TECHNICAL AMENDMENTS.
(a) Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is
amended--
(1) in subsection (b)--
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) through (11) as
paragraphs (7) through (10), respectively;
(2) in subsection (e)(2), in the matter preceding
subparagraph (A), by striking ``paragraph (3)'' and inserting
``paragraphs (3), (6), and (7)''; and
(3) in subsection (k)(8)(C), by striking ``subparagraph
(A)(iii)'' and inserting ``subparagraph (A)(ii)''.
(b) Section 522 of the Federal Crop Insurance Act (7 U.S.C. 1522) is
amended--
[[Page 128 STAT. 978]]
(1) in subsection (b)(4)(A), by striking ``paragraphs (1)''
and inserting ``paragraph (1)''; and
(2) in subsection (e)(1), by adding a period at the end.
(c) Section 531(d)(3)(A) of the Federal Crop Insurance Act (7 U.S.C.
1531(d)(3)(A)) is amended--
(1) by striking ``(A) Eligible losses.--'' and all that
follows through ``An eligible'' in clause (i) and inserting the
following:
``(A) Eligible losses.--An eligible'';
(2) by striking clause (ii); and
(3) by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively, and indenting appropriately.
(d) Section 901(d)(3)(A) of the Trade Act of 1974 (19 U.S.C.
2497(d)(3)(A)) is amended--
(1) by striking ``(A) Eligible losses.--'' and all that
follows through ``An eligible'' in clause (i) and inserting the
following:
``(A) Eligible losses.--An eligible'';
(2) by striking clause (ii); and
(3) by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively, and indenting appropriately.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
SEC. 12101. <<NOTE: 7 USC 8304 note.>> TRICHINAE CERTIFICATION
PROGRAM.
(a) Alternative Certification Process.--The Secretary of Agriculture
shall amend the rule made under paragraph (2) of section 11010(a) of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8304(a)) to
implement the voluntary trichinae certification program established
under paragraph (1) of such section, to include a requirement to
establish an alternative trichinae certification process based on
surveillance or other methods consistent with international standards
for categorizing compartments as having negligible risk for trichinae.
(b) Final Regulations.--Not later than one year after the date on
which the international standards referred to in subsection (a) are
adopted, the Secretary shall finalize the rule amended under such
subsection.
(c) Reauthorization.--Section 10405(d)(1) of the Animal Health
Protection Act (7 U.S.C. 8304(d)(1)) is amended in subparagraphs (A) and
(B) by striking ``2012'' each place it appears and inserting ``2018''.
SEC. 12102. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.
(a) In General.--Subtitle A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the
following:
``SEC. 209. <<NOTE: 7 USC 1627a.>> SHEEP PRODUCTION AND MARKETING
GRANT PROGRAM.
``(a) Establishment.--The Secretary of Agriculture, acting through
the Administrator of the Agricultural Marketing Service, shall establish
a competitive grant program for the purposes of strengthening and
enhancing the production and marketing of sheep and sheep products in
the United States, including through--
``(1) the improvement of--
``(A) infrastructure;
[[Page 128 STAT. 979]]
``(B) business; and
``(C) resource development; and
``(2) the development of innovative approaches to solve
long-term needs.
``(b) Eligibility.--The Secretary shall make grants under this
section to at least one national entity, the mission of which is
consistent with the purpose of the grant program.
``(c) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $1,500,000 for fiscal
year 2014, to remain available until expended.''.
(b) Conforming Amendment.--Section 375 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j) (as in existence on the day
before the date of the enactment of this Act) is--
(1) amended in subsection (e)--
(A) in paragraph (3)(D), by striking ``3 percent''
and inserting ``10 percent''; and
(B) by striking paragraph (6);
(2) redesignated as section 210 of the Agricultural
Marketing Act of 1946; <<NOTE: 7 USC 1627b.>> and
(3) moved so as to appear at the end of subtitle A of that
Act (as amended by subsection (a)).
SEC. 12103. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013(d) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8322(d)) is amended by striking ``2012'' and inserting
``2018''.
SEC. 12104. COUNTRY OF ORIGIN LABELING.
(a) Economic Analysis.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Agriculture, acting
through the Office of the Chief Economist, shall conduct an
economic analysis of the final rule entitled ``Mandatory Country
of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Wild
and Farm-raised Fish and Shellfish, Perishable Agricultural
Commodities, Peanuts, Pecans, Ginseng and Macadamia Nuts''
published by the Department of Agriculture on May 24, 2013 (78
Fed. Reg. 31367) that makes certain amendments to parts 60 and
65 of title 7, Code of Federal Regulations.
(2) Contents.--The economic analysis described in subsection
(a) shall include, with respect to the labeling of beef, pork,
and chicken, an analysis of the impact on consumers, producers,
and packers in the United States of--
(A) the implementation of subtitle D of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et
seq.); and
(B) the final rule referred to in subsection (a).
(b) Applying Country of Origin Labeling Requirements to Venison.--
(1) Definition of covered commodity.--Section 281(2)(A) of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1638(2)(A)) is
amended--
(A) in clause (i), by striking ``and pork'' and
inserting ``pork, and venison''; and
(B) in clause (ii), by striking ``and ground pork''
and inserting ``ground pork, and ground venison''.
(2) Notice of country of origin.--Section 282(a)(2) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)(2)) is
amended--
[[Page 128 STAT. 980]]
(A) in the heading, by striking ``and goat'' and
inserting ``goat, and venison'';
(B) by striking ``or goat'' and inserting ``goat, or
venison'' each place it appears in subparagraphs (A),
(B), (C), and (D); and
(C) in subparagraph (E)--
(i) in the heading, by striking ``and goat''
and inserting ``goat, and venison''; and
(ii) by striking ``or ground goat'' each place
it appears and inserting ``ground goat, or ground
venison''.
SEC. 12105. NATIONAL ANIMAL HEALTH LABORATORY NETWORK.
The Animal Health Protection Act is amended by inserting after
section 10409 (7 U.S.C. 8308) the following new section:
``SEC. 10409A. NATIONAL ANIMAL HEALTH LABORATORY NETWORK.
``(a) Definition of Eligible Laboratory.--In this section, the term
`eligible laboratory' means a diagnostic laboratory that meets specific
criteria developed by the Secretary, in consultation with State animal
health officials, State veterinary diagnostic laboratories, and
veterinary diagnostic laboratories at institutions of higher education
(as defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
``(b) In General.--The Secretary, in consultation with State
veterinarians, shall offer to enter into contracts, grants, cooperative
agreements, or other legal instruments with eligible laboratories for
any of the following purposes:
``(1) To enhance the capability of the Secretary to respond
in a timely manner to emerging or existing bioterrorist threats
to animal health.
``(2) To provide the capacity and capability for
standardized--
``(A) test procedures, reference materials, and
equipment;
``(B) laboratory biosafety and biosecurity levels;
``(C) quality management system requirements;
``(D) interconnected electronic reporting and
transmission of data; and
``(E) evaluation for emergency preparedness.
``(3) To coordinate the development, implementation, and
enhancement of national veterinary diagnostic laboratory
capabilities, with special emphasis on surveillance planning and
vulnerability analysis, technology development and validation,
training, and outreach.
``(c) Priority.--To the extent practicable and to the extent
capacity and specialized expertise may be necessary, the Secretary shall
give priority to existing Federal facilities, State facilities, and
facilities at institutions of higher education.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2014 through 2018.''.
SEC. 12106. FOOD SAFETY INSPECTION.
(a) Inspections.--
(1) In general.--Section 1(w) of the Federal Meat Inspection
Act (21 U.S.C. 601(w)) is amended by striking paragraph (2) and
inserting the following:
[[Page 128 STAT. 981]]
``(2) all fish of the order Siluriformes; and''.
(2) Conditions.--Section 6 of the Federal Meat Inspection
Act (21 U.S.C. 606) is amended by striking subsection (b) and
inserting the following:
``(b) Certain Fish.--In the case of an examination and inspection
under subsection (a) of a meat food product derived from any fish
described in section 1(w)(2), the Secretary shall take into account the
conditions under which the fish is raised and transported to a
processing establishment.''.
(3) Inapplicability.--Section 25 of the Federal Meat
Inspection Act (21 U.S.C. 625) is amended by striking ``not
apply'' and all that follows and inserting ``not apply to any
fish described in section 1(w)(2).''.
(4) Conforming amendment.--Section 203(n) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(n)) is amended
by striking paragraph (1) and inserting the following:
``(1) all fish of the order Siluriformes; and''.
(b) <<NOTE: 21 USC 601 note.>> Implementation.--
(1) In general.--The Secretary shall--
(A) not later than 60 days after the date of
enactment of this Act, issue final regulations to carry
out the amendments made by section 11016(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2130), as further clarified by the
amendments made by this section; and
(B) not later than 1 year after the date of
enactment of this Act, implement the amendments
described in subparagraph (A).
(2) Notification.--Beginning 30 days after the date of
enactment of this Act and every 30 days thereafter until the
date of full implementation of the amendments described in
paragraph (1)(A), the Secretary shall submit a report describing
the status of implementation to--
(A) the Committee on Agriculture of the House of
Representatives;
(B) the Committee on Agriculture, Nutrition and
Forestry of the Senate;
(C) the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies of the Committee on Appropriations of the House
of Representatives; and
(D) the Subcommittee on Agriculture, Rural
Development, and Related Agencies of the Committee on
Appropriations of the Senate.
(3) Procedure.--Section 1601(c)(2) applies to the
promulgation of the regulations and administration of this
section and the amendments made by this section.
(4) Conforming amendment.--Section 11016(b) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2130) <<NOTE: 21 USC 601 note.>> is amended by striking
paragraph (2) and inserting the following:
``(2) Implementation.--
``(A) Regulations.--Not later than 60 days after the
date of enactment of the Agricultural Act of 2014, the
Secretary, in consultation with the Commissioner of Food
and Drugs, shall issue final regulations to carry out
the amendments made by paragraph (1) and section 12106
[[Page 128 STAT. 982]]
of that Act in a manner that ensures that there is no
duplication in inspection activities.
``(B) Interagency coordination.--Not later than 60
days after the date of enactment of the Agricultural Act
of 2014, the Secretary shall execute a memorandum of
understanding with the Commissioner of Food and Drugs
for the following purposes:
``(i) To improve interagency cooperation on
food safety and fraud prevention, building upon
any other prior agreements, including provisions,
performance metrics, and timelines as appropriate.
``(ii) To maximize the effectiveness of
limited personnel and resources by ensuring that--
``(I) inspections conducted by the
Department satisfy requirements under
the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.);
``(II) inspections of shipments and
processing facilities for fish of the
order Siluriformes by the Department and
the Food and Drug Administration are not
duplicative; and
``(III) any information resulting
from examination, testing, and
inspections conducted is considered in
making risk-based determinations,
including the establishment of
inspection priorities.''.
(c) <<NOTE: 21 USC 601 note.>> Effective Date.--This section and
the amendments made by this section shall take effect as if enacted as
part of section 11016(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 2130).
SEC. 12107. <<NOTE: 7 USC 8308 note.>> NATIONAL POULTRY
IMPROVEMENT PLAN.
The Secretary of Agriculture shall ensure that the Department of
Agriculture continues to administer the diagnostic surveillance program
for H5/H7 low pathogenic avian influenza with respect to commercial
poultry under section 146.14 of title 9, Code of Federal Regulations (or
a successor regulation), without amending the regulations in section
147.43 of title 9, Code of Federal Regulations (as in effect on the date
of the enactment of this Act), with respect to the governance of the
General Conference Committee established under such section. The
Secretary of Agriculture shall maintain--
(1) the operations of the General Conference Committee--
(A) in the physical location at which the Committee
was located on the date of the enactment of this Act;
and
(B) with the organizational structure within the
Department of Agriculture in effect as of such date; and
(2) the funding levels for the National Poultry Improvement
Plan for Commercial Poultry (established under part 146 of title
9, Code of Federal Regulations, or a successor regulation) at
the fiscal year 2013 funding levels for the Plan.
SEC. 12108. SENSE OF CONGRESS REGARDING FERAL SWINE ERADICATION.
It is the sense of the Congress that--
(1) the Secretary of Agriculture should recognize the threat
feral swine pose to the domestic swine population and the entire
agriculture industry; and
[[Page 128 STAT. 983]]
(2) feral swine eradication is a high priority that the
Secretary should carry out under the authorities of the Animal
Health Protection Act (7 U.S.C. 8301 et seq.).
Subtitle B--Socially Disadvantaged Producers and Limited Resource
Producers
SEC. 12201. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED
FARMERS AND RANCHERS AND VETERAN
FARMERS AND RANCHERS.
(a) Outreach and Assistance for Socially Disadvantaged Farmers and
Ranchers and Veteran Farmers and Ranchers.--Section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is
amended--
(1) in the section heading, by inserting ``and veteran
farmers and ranchers'' after ``ranchers'';
(2) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``and veteran farmers or
ranchers'' after ``ranchers'';
(B) in paragraph (2)(B)(i), by inserting ``and
veteran farmers or ranchers'' after ``ranchers''; and
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
striking ``2012'' and inserting
``2018'';
(II) in clause (i), by striking
``and'' at the end;
(III) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following new clause:
``(iii) $10,000,000 for each of fiscal years
2014 through 2018.''; and
(ii) by adding at the end the following new
subparagraph:
``(E) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2014 through
2018.'';
(3) in subsection (b)(2), by inserting ``or veteran farmers
and ranchers'' after ``socially disadvantaged farmers and
ranchers'';
(4) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``veteran
farmers or ranchers and'' before ``members''; and
(B) in paragraph (2)(A), by inserting ``veteran
farmers or ranchers and'' before ``members''; and
(5) in subsection (e)(5)(A)--
(A) in clause (i), by inserting ``and veteran
farmers or ranchers'' after ``ranchers''; and
(B) in clause (ii), by inserting ``and veteran
farmers or ranchers'' after ``ranchers''.
(b) Definition of Veteran Farmer or Rancher.--Section 2501(e) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)) is amended by adding at the end the following new paragraph:
[[Page 128 STAT. 984]]
``(7) Veteran farmer or rancher.--The term `veteran farmer
or rancher' means a farmer or rancher who has served in the
Armed Forces (as defined in section 101(10) of title 38 United
States Code) and who--
``(A) has not operated a farm or ranch; or
``(B) has operated a farm or ranch for not more than
10 years.''.
SEC. 12202. OFFICE OF ADVOCACY AND OUTREACH.
Paragraph (3) of section 226B(f) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934(f)) is amended to read as
follows:
``(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
``(A) such sums as are necessary for each of fiscal
years 2009 through 2013; and
``(B) $2,000,000 for each of fiscal years 2014
through 2018.''.
SEC. 12203. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS POLICY
RESEARCH CENTER.
Section 2501 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279), as amended by section 12201, is amended by
adding at the end the following new subsection:
``(i) Socially Disadvantaged Farmers and Ranchers Policy Research
Center.--The Secretary shall award a grant to a college or university
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321
et seq.), including Tuskegee University, to establish a policy research
center to be known as the `Socially Disadvantaged Farmers and Ranchers
Policy Research Center' for the purpose of developing policy
recommendations for the protection and promotion of the interests of
socially disadvantaged farmers and ranchers.''.
SEC. 12204. RECEIPT FOR SERVICE OR DENIAL OF SERVICE FROM CERTAIN
DEPARTMENT OF AGRICULTURE AGENCIES.
Section 2501A(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279-1(e)) is amended by striking ``and, at the
time of the request, also requests a receipt''.
Subtitle C--Other Miscellaneous Provisions
SEC. 12301. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFETY, AND
TRAINING OF AGRICULTURAL LABOR FORCE.
Subsection (d) of section 14204 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 2008q-1) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as are necessary for each of fiscal years
2008 through 2013; and
``(2) $10,000,000 for each of fiscal years 2014 through
2018.''.
[[Page 128 STAT. 985]]
SEC. 12302. PROGRAM BENEFIT ELIGIBILITY STATUS FOR PARTICIPANTS IN
HIGH PLAINS WATER STUDY.
Section 2901 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1818) is amended by striking ``this Act
or an amendment made by this Act'' and inserting ``this Act, an
amendment made by this Act, the Agricultural Act of 2014, or an
amendment made by the Agricultural Act of 2014''.
SEC. 12303. OFFICE OF TRIBAL RELATIONS.
Title III of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 is amended by adding after
section 308 (7 U.S.C. 3125a note; Public Law 103-354) the following new
section:
``SEC. 309. <<NOTE: 7 USC 6921.>> OFFICE OF TRIBAL RELATIONS.
``The Secretary shall maintain in the Office of the Secretary an
Office of Tribal Relations, which shall advise the Secretary on policies
related to Indian tribes and carry out such other functions as the
Secretary considers appropriate.''.
SEC. 12304. MILITARY VETERANS AGRICULTURAL LIAISON.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 is amended by inserting after section 218 (7 U.S.C. 6918) the
following new section:
``SEC. 219. <<NOTE: 7 USC 6919.>> MILITARY VETERANS AGRICULTURAL
LIAISON.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Military Veterans Agricultural Liaison.
``(b) Duties.--The Military Veterans Agricultural Liaison shall--
``(1) provide information to returning veterans about, and
connect returning veterans with, beginning farmer training and
agricultural vocational and rehabilitation programs appropriate
to the needs and interests of returning veterans, including
assisting veterans in using Federal veterans educational
benefits for purposes relating to beginning a farming or
ranching career;
``(2) provide information to veterans concerning the
availability of, and eligibility requirements for, participation
in agricultural programs, with particular emphasis on beginning
farmer and rancher programs;
``(3) serve as a resource for assisting veteran farmers and
ranchers, and potential farmers and ranchers, in applying for
participation in agricultural programs; and
``(4) advocate on behalf of veterans in interactions with
employees of the Department.
``(c) Contracts and Cooperative Agreements.--For purposes of
carrying out the duties under subsection (b), the Military Veterans
Agricultural Liaison may enter into contracts or cooperative agreements
with the research centers of the Agricultural Research Service,
institutions of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), or nonprofit
organizations for--
``(1) the conduct of regional research on the profitability
of small farms;
``(2) the development of educational materials;
``(3) the conduct of workshops, courses, and certified
vocational training;
[[Page 128 STAT. 986]]
``(4) the conduct of mentoring activities; or
``(5) the provision of internship opportunities.''.
SEC. 12305. NONINSURED CROP ASSISTANCE PROGRAM.
(a) In General.--Section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Coverages.--In the case of an eligible crop
described in paragraph (2), the Secretary of Agriculture
shall operate a noninsured crop disaster assistance
program to provide coverages based on individual yields
(other than for value-loss crops) equivalent to--
``(i) catastrophic risk protection available
under section 508(b) of the Federal Crop Insurance
Act (7 U.S.C. 1508(b)); or
``(ii) except in the case of crops and grasses
used for grazing, additional coverage available
under subsections (c) and (h) of section 508 of
that Act (7 U.S.C. 1508) that does not exceed 65
percent, as described in subsection (l).
``(B) Administration.--The Secretary shall carry out
this section through the Farm Service Agency (referred
to in this section as the `Agency').''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``and'' after the semicolon at the end;
(II) by redesignating clause (ii) as
clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) for which additional
coverage under subsections (c)
and (h) of section 508 of that
Act (7 U.S.C. 1508) is not
available; and''; and
(ii) in subparagraph (B), by striking ``and
industrial crops'' and inserting ``sweet sorghum,
biomass sorghum, and industrial crops (including
those grown expressly for the purpose of producing
a feedstock for renewable biofuel, renewable
electricity, or biobased products)'';
(2) in subsection (i)(2), by striking ``$100,000'' and
inserting ``$125,000'';
(3) in subsection (k)(2), by striking ``limited resource
farmer'' and inserting ``limited resource, beginning, or
socially disadvantaged farmer''; and
(4) by adding at the end the following:
``(l) Payment Equivalent to Additional Coverage.--
``(1) In general.--The Secretary shall make available
noninsured assistance under this subsection (other than for
crops and grasses used for grazing) at a payment amount that is
equivalent to an indemnity for additional coverage under
subsections (c) and (h) of section 508 of the Federal Crop
Insurance Act (7 U.S.C. 1508) and equal to the product obtained
by multiplying--
[[Page 128 STAT. 987]]
``(A) the amount that--
``(i) the additional coverage yield, which
shall be equal to the product obtained by
multiplying--
``(I) an amount not less than 50
percent nor more than 65 percent, as
elected by the producer and specified in
5-percent increments; and
``(II) the approved yield for the
crop, as determined by the Secretary;
exceeds
``(ii) the actual yield;
``(B) 100 percent of the average market price for
the crop, as determined by the Secretary; and
``(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects--
``(i) in the case of a crop that is produced
with a significant and variable harvesting
expense, the decreasing cost incurred in the
production cycle for the crop that is, as
applicable--
``(I) harvested;
``(II) planted but not harvested; or
``(III) prevented from being planted
because of drought, flood, or other
natural disaster, as determined by the
Secretary; or
``(ii) in the case of a crop that is produced
without a significant and variable harvesting
expense, such rate as shall be determined by the
Secretary.
``(2) Service fee and premium.--To be eligible to receive a
payment under this subsection, a producer shall pay--
``(A) the service fee required by subsection (k);
and
``(B) the lesser of--
``(i) the sum of the premiums for each
eligible crop, with the premium for each eligible
crop obtained by multiplying--
``(I) the number of acres devoted to
the eligible crop;
``(II) the yield, as determined by
the Secretary under subsection (e);
``(III) the coverage level elected
by the producer;
``(IV) the average market price, as
determined by the Secretary; and
``(V) a 5.25-percent premium fee; or
``(ii) the product obtained by multiplying--
``(I) a 5.25-percent premium fee;
and
``(II) the applicable payment limit.
``(3) Additional availability.--
``(A) In general.--As soon as practicable after
October 1, 2013, the Secretary shall make assistance
available to producers of an otherwise eligible crop
described in subsection (a)(2) that suffered losses--
``(i) to a 2012 annual fruit crop grown on a
bush or tree; and
``(ii) in a county covered by a declaration by
the Secretary of a natural disaster for production
losses due to a freeze or frost.
``(B) Assistance.--The Secretary shall make
assistance available under subparagraph (A) in an amount
equivalent
[[Page 128 STAT. 988]]
to assistance available under paragraph (1), less any
fees not previously paid under paragraph (2).
``(4) Limited resource, beginning, and socially
disadvantaged farmers.--The coverage made available under this
subsection shall be available to limited resource, beginning,
and socially disadvantaged farmers, as determined by the
Secretary, in exchange for a premium that is 50 percent of the
premium determined under paragraph (2).
``(5) Effective date.--Except as provided in paragraph
(3)(A), additional coverage under this subsection shall be
available for each of the 2015 through 2018 crop years.''.
(b) Prohibition on Catastrophic Risk Protection.--Section 508(b) of
the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended by striking
paragraph (1) and inserting the following:
``(1) Coverage availability.--
``(A) In general.--Except as provided in
subparagraph (B), the Corporation shall offer a
catastrophic risk protection plan to indemnify producers
for crop loss due to loss of yield or prevented
planting, if provided by the Corporation, when the
producer is unable, because of drought, flood, or other
natural disaster (as determined by the Secretary), to
plant other crops for harvest on the acreage for the
crop year.
``(B) Exception.--Coverage described in subparagraph
(A) shall not be available for crops and grasses used
for grazing.''.
SEC. 12306. <<NOTE: 7 USC 1632c.>> ACER ACCESS AND DEVELOPMENT
PROGRAM.
(a) Grants Authorized.--The Secretary of Agriculture may make
competitive grants to States, tribal governments, and research
institutions to support the efforts of such States, tribal governments,
and research institutions to promote the domestic maple syrup industry
through the following activities:
(1) Promotion of research and education related to maple
syrup production.
(2) Promotion of natural resource sustainability in the
maple syrup industry.
(3) Market promotion for maple syrup and maple-sap products.
(4) Encouragement of owners and operators of privately held
land containing species of trees in the genus Acer--
(A) to initiate or expand maple-sugaring activities
on the land; or
(B) to voluntarily make the land available,
including by lease or other means, for access by the
public for maple-sugaring activities.
(b) Application.--In submitting an application for a competitive
grant under this section, a State, tribal government, or research
institution shall include--
(1) a description of the activities to be supported using
the grant funds;
(2) a description of the benefits that the State, tribal
government, or research institution intends to achieve as a
result of engaging in such activities; and
(3) an estimate of the increase in maple-sugaring activities
or maple syrup production that the State, tribal government,
[[Page 128 STAT. 989]]
or research institution anticipates will occur as a result of
engaging in such activities.
(c) Rule of Construction.--Nothing in this section shall be
construed so as to preempt a State or tribal government law, including a
State or tribal government liability law.
(d) Definition of Maple-Sugaring.--In this section, the term
``maple-sugaring'' means the collection of sap from any species of tree
in the genus Acer for the purpose of boiling to produce food.
(e) Regulations.--The Secretary of Agriculture shall promulgate such
regulations as are necessary to carry out this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2014 through 2018.
SEC. 12307. SCIENCE ADVISORY BOARD.
Section 8 of the Environmental Research, Development, and
Demonstration Authorization Act of 1978 (42 U.S.C. 4365) is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Committees.--
``(1) Member committees.--
``(A) In general.--The Board is authorized to
establish such member committees and investigative
panels as the Administrator and the Board determine to
be necessary to carry out this section.
``(B) Chairmanship.--Each member committee or
investigative panel established under this subsection
shall be chaired by a member of the Board.
``(2) Agriculture-related committees.--
``(A) In general.--The Administrator and the Board--
``(i) shall establish a standing agriculture-
related committee; and
``(ii) may establish such additional
agriculture-related committees and investigative
panels as the Administrator and the Board
determines to be necessary to carry out the duties
under subparagraph (C).
``(B) Membership.--The standing committee and each
agriculture-related committee or investigative panel
established under subparagraph (A) shall be--
``(i) composed of--
``(I) such quantity of members as
the Administrator and the Board
determines to be necessary; and
``(II) individuals who are not
members of the Board on the date of
appointment to the committee or
investigative panel; and
``(ii) appointed by the Administrator and the
Board, in consultation with the Secretary of
Agriculture.
``(C) Duties.--The agriculture-related standing
committee and each additional committee and
investigative panel established under subparagraph (A)
shall provide scientific and technical advice to the
Board relating to matters referred to the Board that the
Administrator and the Board determines, in consultation
with the Secretary of Agriculture, to have a significant
direct impact on enterprises that are engaged in the
business of the production
[[Page 128 STAT. 990]]
of food and fiber, ranching and raising livestock,
aquaculture, and all other farming- and agriculture-
related industries.''; and
(2) by adding at the end the following:
``(h) Public Participation and Transparency.--The Board shall make
every effort, consistent with applicable law, including section 552 of
title 5, United States Code (commonly known as the `Freedom of
Information Act') and section 552a of title 5, United States Code
(commonly known as the `Privacy Act'), to maximize public participation
and transparency, including making the scientific and technical advice
of the Board and any committees or investigative panels of the Board
publically available in electronic form on the website of the
Environmental Protection Agency.
``(i) Report to Congress.--The Administrator shall annually report
to the Committees on Environment and Public Works and Agriculture of the
Senate and the Committees on Transportation and Infrastructure, Energy
and Commerce, and Agriculture of the House of Representatives regarding
the membership and activities of the standing agriculture-related
committee established pursuant to subsection (e)(2)(A)(i).''.
SEC. 12308. AMENDMENTS TO ANIMAL WELFARE ACT.
(a) Licensing of Dealers and Exhibitors.--
(1) Definition.--Section 2 of the Animal Welfare Act (7
U.S.C. 2132) is amended--
(A) in the matter preceding subsection (a), by
striking ``When used in this Act--'' and inserting ``In
this Act:'';
(B) in subsection (f), by striking ``(2) any dog for
hunting, security, or breeding purposes'' and all that
follows through the semicolon at the end and inserting
``(2) any dog for hunting, security, or breeding
purposes. Such term does not include a retail pet store
(other than a retail pet store which sells any animals
to a research facility, an exhibitor, or another
dealer).'';
(C) in each of subsections (a), (b), (d), (e), (g),
(h), (i), (j), (k), and (m), by striking the semicolon
at the end and inserting a period; and
(D) in subsection (n), by striking ``; and'' at the
end and inserting a period.
(2) Licensing.--Section 3 of the Animal Welfare Act (7
U.S.C. 2133) is amended by striking ``: Provided, however, That
any retail pet store'' and all that follows through ``under this
Act.'' and inserting the following ``: Provided, however, That a
dealer or exhibitor shall not be required to obtain a license as
a dealer or exhibitor under this Act if the size of the business
is determined by the Secretary to be de minimis.''.
(b) Prohibition on Attending an Animal Fight or Causing an
Individual Who Has Not Attained the Age of 16 to Attend an Animal Fight;
Enforcement of Animal Fighting Provisions.--
(1) Prohibition on attending an animal fight or causing an
individual who has not attained the age of 16 to attend an
animal fight.--Section 26(a) of the Animal Welfare Act (7 U.S.C.
2156(a)) is amended--
[[Page 128 STAT. 991]]
(A) in the heading, by striking ``Sponsoring or
Exhibiting an Animal in'' and inserting ``Sponsoring or
Exhibiting an Animal in, Attending, or Causing an
Individual Who Has Not Attained the Age of 16 To
Attend,''; and
(B) in paragraph (1)--
(i) in the heading, by striking ``In General''
and inserting ``Sponsoring or Exhibiting''; and
(ii) by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(iii) by redesignating paragraph (2) as
paragraph (3); and
(iv) by inserting after paragraph (1) the
following:
``(2) Attending or causing an individual who has not
attained the age of 16 to attend.--It shall be unlawful for any
person to--
``(A) knowingly attend an animal fighting venture;
or
``(B) knowingly cause an individual who has not
attained the age of 16 to attend an animal fighting
venture.''.
(2) Enforcement of animal fighting prohibitions.--Section 49
of title 18, United States Code, is amended--
(A) by striking ``Whoever'' and inserting ``(a) In
General.--Whoever'';
(B) in subsection (a), as designated by subparagraph
(A), by striking ``subsection (a),'' and inserting
``subsection (a)(1),''; and
(C) by adding at the end the following:
``(b) Attending an Animal Fighting Venture.--Whoever violates
subsection (a)(2)(A) of section 26 of the Animal Welfare Act (7 U.S.C.
2156) shall be fined under this title, imprisoned for not more than 1
year, or both, for each violation.
``(c) Causing an Individual Who Has Not Attained the Age of 16 To
Attend an Animal Fighting Venture.--Whoever violates subsection
(a)(2)(B) of section 26 (7 U.S.C. 2156) of the Animal Welfare Act shall
be fined under this title, imprisoned for not more than 3 years, or
both, for each violation.''.
SEC. 12309. <<NOTE: 19 USC 1304a.>> PRODUCE REPRESENTED AS GROWN
IN THE UNITED STATES WHEN IT IS NOT IN
FACT GROWN IN THE UNITED STATES.
(a) Technical Assistance to CBP.--The Secretary of Agriculture shall
make available to U.S. Customs and Border Protection technical
assistance related to the identification of produce represented as grown
in the United States when it is not in fact grown in the United States.
(b) Report to Congress.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on produce
represented as grown in the United States when it is not in fact grown
in the United States.
SEC. 12310. <<NOTE: 22 USC 277i.>> REPORT ON WATER SHARING.
Not later than 120 days after the date of the enactment of this Act
and annually thereafter, the Secretary of State shall submit to Congress
a report on efforts by Mexico to meet its treaty deliveries of water to
the Rio Grande in accordance with the Treaty between the United States
and Mexico Respecting Utilization of
[[Page 128 STAT. 992]]
waters of the Colorado and Tijuana Rivers and of the Rio Grande (done at
Washington, February 3, 1944).
SEC. 12311. <<NOTE: 21 USC 350h note.>> SCIENTIFIC AND ECONOMIC
ANALYSIS OF THE FDA FOOD SAFETY
MODERNIZATION ACT.
(a) In General.--When publishing a final rule with respect to
``Standards for the Growing, Harvesting, Packing, and Holding of Produce
for Human Consumption'' published by the Department of Health and Human
Services on January 16, 2013 (78 Fed. Reg. 3504), the Secretary of
Health and Human Services (referred to in this section as the
``Secretary'') shall ensure that the final rule (referred to in this
section as the ``final rule'') includes the following information:
(1) An analysis of the scientific information used to
promulgate the final rule, taking into consideration any
information about farming and ranching operations of a variety
of sizes, with regional differences, and that have a diversity
of production practices and methods.
(2) An analysis of the economic impact of the final rule.
(3) A plan to systematically--
(A) evaluate the impact of the final rule on farming
and ranching operations; and
(B) develop an ongoing process to evaluate and
respond to business concerns.
(b) Report.--Not later than 1 year after the date on which the
Secretary promulgates the final rule referred to in subsection (a), the
Comptroller General of the United States shall submit to the Committee
on Agriculture, Nutrition, and Forestry and the Committee on Health,
Education, and Labor of the Senate and the Committee on Agriculture and
the Committee on Energy and Commerce of the House of Representatives a
report on the effectiveness of the ongoing evaluation and response
process referred to in subsection (a)(3)(B). Not later than one year
after the date on which such report is submitted, the Comptroller
General of the United States shall submit to such committees an updated
report on such process.
SEC. 12312. PAYMENT IN LIEU OF TAXES.
Section 6906 of title 31, United States Code, is amended, in the
matter preceding paragraph (1), by striking ``2013'' and inserting
``2014''.
SEC. 12313. SILVICULTURAL ACTIVITIES.
Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C.
1342(l)) is amended by adding at the end the following:
``(3) Silvicultural activities.--
``(A) NPDES permit requirements for silvicultural
activities.--The Administrator shall not require a
permit under this section nor directly or indirectly
require any State to require a permit under this section
for a discharge from runoff resulting from the conduct
of the following silviculture activities conducted in
accordance with standard industry practice: nursery
operations, site preparation, reforestation and
subsequent cultural treatment, thinning, prescribed
burning, pest and fire control, harvesting operations,
surface drainage, or road construction and maintenance.
[[Page 128 STAT. 993]]
``(B) Other requirements.--Nothing in this paragraph
exempts a discharge from silvicultural activity from any
permitting requirement under section 404, existing
permitting requirements under section 402, or from any
other federal law.
``(C) The authorization provided in Section 505(a)
does not apply to any non-permitting program established
under 402(p)(6) for the silviculture activities listed
in 402(l)(3)(A), or to any other limitations that might
be deemed to apply to the silviculture activities listed
in 402(l)(3)(A).''.
SEC. 12314. <<NOTE: 7 USC 2101 note.>> PIMA AGRICULTURE COTTON
TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the ``Pima
Agriculture Cotton Trust Fund'' (in this section referred to as the
``Trust Fund''), consisting of such amounts as may be transferred to the
Trust Fund pursuant to subsection (h), and to be used for the purpose of
reducing the injury to domestic manufacturers resulting from tariffs on
cotton fabric that are higher than tariffs on certain apparel articles
made of cotton fabric.
(b) Distribution of Funds.--From amounts in the Trust Fund, the
Secretary shall make payments annually beginning in calendar year 2014
for calendar years 2014 through 2018 as follows:
(1) Twenty-five percent of the amounts in the Trust Fund
shall be paid to one or more nationally recognized associations
established for the promotion of pima cotton for use in textile
and apparel goods.
(2) Twenty-five percent of the amounts in the Trust Fund
shall be paid to yarn spinners of pima cotton that produce ring
spun cotton yarns in the United States, to be allocated to each
spinner in an amount that bears the same ratio as--
(A) the spinner's production of ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number) from pima cotton in single and plied form
during calendar year 2013 (as evidenced by an affidavit
provided by the spinner that meets the requirements of
subsection (c)), bears to--
(B) the production of the yarns described in
subparagraph (A) during calendar year 2013 for all
spinners who qualify under this paragraph.
(3) Fifty percent of the amounts in the Trust Fund shall be
paid to manufacturers who cut and sew cotton shirts in the
United States who certify that they used imported cotton fabric
during calendar year 2013, to be allocated to each such
manufacturer in an amount that bears the same ratio as--
(A) the dollar value (excluding duty, shipping, and
related costs) of imported woven cotton shirting fabric
of 80s or higher count and 2-ply in warp purchased by
the manufacturer during calendar year 2013 (as evidenced
by an affidavit provided by the manufacturer that meets
the requirements of subsection (d)) used in the
manufacturing of men's and boys' cotton shirts, bears
to--
(B) the dollar value (excluding duty, shipping, and
related costs) of the fabric described in subparagraph
(A) purchased during calendar year 2013 by all
manufacturers who qualify under this paragraph.
[[Page 128 STAT. 994]]
(c) Affidavit of Yarn Spinners.--The affidavit required by
subsection (b)(2)(A) is a notarized affidavit provided annually by an
officer of a producer of ring spun yarns that affirms--
(1) that the producer used pima cotton during the year in
which the affidavit is filed and during calendar year 2013 to
produce ring spun cotton yarns in the United States, measuring
less than 83.33 decitex (exceeding 120 metric number), in single
and plied form;
(2) the quantity, measured in pounds, of ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120 metric
number), in single and plied form during calendar year 2013; and
(3) that the producer maintains supporting documentation
showing the quantity of such yarns produced, and evidencing the
yarns as ring spun cotton yarns, measuring less than 83.33
decitex (exceeding 120 metric number), in single and plied form
during calendar year 2013.
(d) Affidavit of Shirting Manufacturers.--
(1) In general.--The affidavit required by subsection
(b)(3)(A) is a notarized affidavit provided annually by an
officer of a manufacturer of men's and boys' shirts that
affirms--
(A) that the manufacturer used imported cotton
fabric during the year in which the affidavit is filed
and during calendar year 2013, to cut and sew men's and
boys' woven cotton shirts in the United States;
(B) the dollar value of imported woven cotton
shirting fabric of 80s or higher count and 2-ply in warp
purchased by the manufacturer during calendar year 2013;
(C) that the manufacturer maintains invoices along
with other supporting documentation (such as price lists
and other technical descriptions of the fabric
qualities) showing the dollar value of such fabric
purchased, the date of purchase, and evidencing the
fabric as woven cotton fabric of 80s or higher count and
2-ply in warp; and
(D) that the fabric was suitable for use in the
manufacturing of men's and boys' cotton shirts.
(2) Date of purchase.--For purposes of the affidavit under
paragraph (1), the date of purchase shall be the invoice date,
and the dollar value shall be determined excluding duty,
shipping, and related costs.
(e) Filing Deadline for Affidavits.--Any person required to provide
an affidavit under this section shall file the affidavit with the
Secretary or as directed by the Secretary--
(1) in the case of an affidavit required for calendar year
2014, not later than 60 days after the date of the enactment of
this Act; and
(2) in the case of an affidavit required for any of calendar
years 2015 through 2018, not later than March 15 of that
calendar year.
(f) Timing of Distributions.--The Secretary shall make a payment
under paragraph (2) or (3) of subsection (b)--
(1) for calendar year 2014--
(A) not later than the date that is 30 days after
the filing of the affidavit required with respect to
that payment; or
[[Page 128 STAT. 995]]
(B) if the Secretary is unable to make the payment
by the date described in subparagraph (A), as soon as
practicable thereafter; and
(2) for calendar years 2015 through 2018, not later than the
date that is 30 days after the filing of the affidavit required
with respect to that payment.
(g) Memorandum of Understanding.--The Secretary and the Commissioner
responsible for U.S. Customs and Border Protection shall, as soon as
practicable after the date of the enactment of this Act, negotiate a
memorandum of understanding to establish procedures pursuant to which
the Commissioner will assist the Secretary in carrying out the
provisions of this section.
(h) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall transfer to the Trust Fund $16,000,000 for each of
calendar years 2014 through 2018, to remain available until expended.
SEC. 12315. <<NOTE: 7 USC 7101 note.>> AGRICULTURE WOOL APPAREL
MANUFACTURERS TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Agriculture Wool Apparel Manufacturers Trust Fund'' (in this section
referred to as the ``Trust Fund''), consisting of such amounts as may be
transferred to the Trust Fund pursuant to subsection (f), and to be used
for the purpose of reducing the injury to domestic manufacturers
resulting from tariffs on wool fabric that are higher than tariffs on
certain apparel articles made of wool fabric.
(b) Distribution of Funds.--
(1) In general.--From amounts in the Trust Fund, the
Secretary may make payments annually beginning in calendar year
2014 for calendar years 2010 through 2019 as follows:
(A) To each eligible manufacturer under paragraph
(3) of section 4002(c) of the Wool Suit and Textile
Trade Extension Act of 2004 (Public Law 108-429; 118
Stat. 2600), as amended by section 1633(c) of the
Miscellaneous Trade and Technical Corrections Act of
2006 (Public Law 109-280; 120 Stat. 1166) and section
325(b) of the Tax Extenders and Alternative Minimum Tax
Relief Act of 2008 (division C of Public Law 110-343;
122 Stat. 3875), and any successor-in-interest to such a
manufacturer as provided for under paragraph (4) of such
section 4002(c), that submits an affidavit in accordance
with paragraph (2) for the year of the payment--
(i) for calendar years 2010 through 2015,
payments that, when added to any other payments
made to the manufacturer or successor-in-interest
under paragraph (3) of such section 4002(c) in
such calendar years, equal the total amount of
payments authorized to be provided to the
manufacturer or successor-in-interest under that
paragraph, or the provisions of this section, in
such calendar years; and
(ii) for calendar years 2016 through 2019,
payments in amounts authorized under that
paragraph.
(B) To each eligible manufacturer under paragraph
(6) of such section 4002(c)--
(i) for calendar years 2010 through 2014,
payments that, when added to any other payments
made to
[[Page 128 STAT. 996]]
eligible manufacturers under that paragraph in
such calendar years, equal the total amount of
payments authorized to be provided to the
manufacturer under that paragraph, or the
provisions of this section, in such calendar
years; and
(ii) for calendar years 2015 through 2019,
payments in amounts authorized under that
paragraph.
(2) Submission of affidavits.--An affidavit required by
paragraph (1)(A) shall be submitted--
(A) in each of calendar years 2010 through 2015, to
the Commissioner responsible for U.S. Customs and Border
Protection not later than April 15; and
(B) in each of calendar years 2016 through 2019, to
the Secretary, or as directed by the Secretary, and not
later than March 1.
(c) Payment of Amounts.--The Secretary shall make payments to
eligible manufacturers and successors-in-interest described in
paragraphs (1) and (2) of subsection (b)--
(1) for calendar years 2010 through 2014, not later than 30
days after the transfer of amounts from the Commodity Credit
Corporation to the Trust Fund under subsection (f); and
(2) for calendar years 2015 through 2019, not later than
April 15 of the year of the payment.
(d) Memoranda of Understanding.--The Secretary shall, as soon as
practicable after the date of the enactment of this Act, negotiate
memoranda of understanding with the Commissioner responsible for U.S.
Customs and Border Protection and the Secretary of Commerce to establish
procedures pursuant to which the Commissioner and the Secretary of
Commerce will assist in carrying out the provisions of this section.
(e) Increase in Payments in the Event of Expiration of Duty
Suspensions.--
(1) In general.--In any calendar year in which the
suspension of duty on wool fabrics provided for under headings
9902.51.11, 9902.51.13, 9902.51.14, 9902.51.15, and 9902.51.16
of the Harmonized Tariff Schedule of the United States are not
in effect, the amount of any payment described in subsection
(b)(1) to a manufacturer or successor-in-interest shall be
increased by an amount the Secretary, after consultation with
the Secretary of Commerce, determines is equal to the amount the
manufacturer or successor-in-interest would have saved during
the calendar year of the payment if the suspension of duty on
wool fabrics were in effect.
(2) No appeal of determinations.--A determination of the
Secretary under this subsection shall be final and not subject
to appeal or protest.
(f) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the Trust Fund for
each of calendar years 2014 through 2019 an amount equal to the
lesser of--
(A) the amount the Secretary determines to be
necessary to make payments required by this section in
that calendar year; or
(B) $30,000,000.
[[Page 128 STAT. 997]]
(2) Availability.--Amounts transferred to the Trust Fund
under paragraph (1) shall remain available until expended.
SEC. 12316. <<NOTE: 7 USC 7101.>> WOOL RESEARCH AND PROMOTION.
(a) In General.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to provide grants described in section 506(d) of
the Trade and Development Act of 2000 (7 U.S.C. 7101 note) $2,250,000
for each of calendar years 2015 through 2019, to remain available until
expended.
(b) Authorization to Distribute Unexpended Balance.--In addition to
funds made available under subsection (a) and notwithstanding subsection
(f) of section 506 of the Trade and Development Act of 2000 (7 U.S.C.
7101 note), the Secretary may use any unexpended balances remaining in
the Wool Research, Development, and Promotion Trust Fund established
under that section as of December 31, 2014, to provide grants described
in subsection (d) of that section.
Subtitle D--Oilheat <<NOTE: Oilheat Efficiency, Renewable Fuel Research
and Jobs Training Act of 2014. 42 USC 6201 note.>> Efficiency, Renewable
Fuel Research and Jobs Training
SEC. 12401. SHORT TITLE.
This subtitle may be cited as the ``Oilheat Efficiency, Renewable
Fuel Research and Jobs Training Act of 2014''.
SEC. 12402. FINDINGS AND PURPOSES.
Section 702 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(6) consumers of oilheat fuel are provided service by
thousands of small businesses that are unable to individually
develop training programs to facilitate the entry of new and
qualified workers into the oilheat fuel industry;
``(7) small businesses and trained employees are in an ideal
position--
``(A) to provide information to consumers about the
benefits of improved efficiency; and
``(B) to encourage consumers to value efficiency in
energy choices and assist individuals in conserving
energy;
``(8) additional research is necessary--
``(A) to improve oilheat fuel equipment; and
``(B) to develop domestic renewable resources that
can be used to safely and affordably heat homes;
``(9) since there are no Federal resources available to
assist the oilheat fuel industry, it is necessary and
appropriate to develop a self-funded program dedicated--
``(A) to improving efficiency in customer homes;
``(B) to assist individuals to gain employment in
the oilheat fuel industry; and
``(C) to develop domestic renewable resources;
``(10) both consumers of oilheat fuel and retailers would
benefit from the self-funded program; and
[[Page 128 STAT. 998]]
``(11) the oilheat fuel industry is committed to providing
appropriate funding necessary to carry out the purposes of this
title without passing additional costs on to residential
consumers.''.
SEC. 12403. DEFINITIONS.
(a) In General.--Section 703 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by redesignating paragraphs (3) through (15) as
paragraphs (4) through (16), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Cost-effective.--The term `cost-effective', with
respect to a program or activity carried out under section
707(f)(4), means that the program or activity meets a total
resource cost test under which--
``(A) the net present value of economic benefits
over the life of the program or activity, including
avoided supply and delivery costs and deferred or
avoided investments; is greater than
``(B) the net present value of the economic costs
over the life of the program or activity, including
program costs and incremental costs borne by the energy
consumer.''; and
(3) by striking paragraph (8) (as redesignated in paragraph
(1)) and inserting the following:
``(8) Oilheat fuel.--The term `oilheat fuel' means fuel
that--
``(A) is--
``(i) No. 1 distillate;
``(ii) No. 2 dyed distillate;
``(iii) a liquid blended with No. 1 distillate
or No. 2 dyed distillate; or
``(iv) a biobased liquid; and
``(B) is used as a fuel for nonindustrial commercial
or residential space or hot water heating.''.
(b) Conforming Amendments.--
(1) The National Oilheat Research Alliance Act of 2000 (42
U.S.C. 6201 note; Public Law 106-469) is amended by striking
``oilheat'' each place it appears and inserting ``oilheat
fuel''.
(2) Section 704(d) of the National Oilheat Research Alliance
Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended
in the subsection heading by striking ``Oilheat'' and inserting
``Oilheat Fuel''.
(3) Section 706(c)(2) of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended in the paragraph heading by striking ``oilheat'' and
inserting ``oilheat fuel''.
(4) Section 707(c) of the National Oilheat Research Alliance
Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended
in the subsection heading by striking ``Oilheat'' and inserting
``Oilheat Fuel''.
SEC. 12404. MEMBERSHIP.
(a) Selection.--Section 705 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended by striking subsection (a) and inserting the following:
[[Page 128 STAT. 999]]
``(a) Selection.--
``(1) List.--
``(A) In general.--The Alliance shall provide to the
Secretary a list of qualified nominees for membership in
the Alliance.
``(B) Requirement.--Except as provided in subsection
(c)(1)(C), members of the Alliance shall be
representatives of the oilheat fuel industry in a State,
selected from a list of nominees submitted by the
qualified State association in the State.
``(2) Vacancies.--A vacancy in the Alliance shall be filled
in the same manner as the original selection.
``(3) Secretarial action.--
``(A) In general.--The Secretary shall have 60 days
to review nominees provided under paragraph (1).
``(B) Failure to act.--If the Secretary takes no
action during the 60-day period described in
subparagraph (A), the nominees shall be considered to be
members of the Alliance.''.
(b) Representation.--Section 705(b) of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended in the matter preceding paragraph (1) by striking ``qualified
industry organization'' and inserting ``Alliance''.
(c) Number of Members.--Section 705(c) of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The Alliance shall be composed of the
following members:
``(A) 1 member representing each State participating
in the Alliance.
``(B) 5 representatives of retail marketers, of whom
1 shall be selected by each of the qualified State
associations of the 5 States with the highest volume of
annual oilheat fuel sales.
``(C) 5 additional representatives of retail
marketers.
``(D) 21 representatives of wholesale distributors.
``(E) 6 public members, who shall be representatives
of significant users of oilheat fuel, the oilheat fuel
research community, State energy officials, or other
groups with expertise in oilheat fuel, including
consumer and low-income advocacy groups.''; and
(2) in paragraph (2), by striking ``the qualified industry
organization or''.
SEC. 12405. FUNCTIONS.
(a) Renewable Fuel Research.--Section 706(a)(3)(B)(i)(I) of the
National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469) is amended by inserting before the semicolon at the
end the following: ``, including research to develop renewable fuels and
to examine the compatibility of different renewable fuels with oilheat
fuel utilization equipment, with priority given to research on the
development and use of advanced biofuels''.
(b) Biennial Budgets.--Section 706(e) of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended--
[[Page 128 STAT. 1000]]
(1) by striking paragraph (1) and inserting the following:
``(1) Publication of proposed budget.--Not later than August
1, 2014, and every 2 years thereafter, the Alliance shall, in
consultation with the Secretary, develop and publish for public
review and comment a proposed biennial budget for the next 2
calendar years, including the probable operating and planning
costs of all programs, projects, and contracts and other
agreements.''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Implementation.--
``(A) In general.--The Alliance shall not implement
a proposed budget until the expiration of 60 days after
submitting the proposed budget to the Secretary.
``(B) Recommendations for changes by secretary.--
``(i) In general.--The Secretary may recommend
to the Alliance changes to the budget programs and
activities of the Alliance that the Secretary
considers appropriate.
``(ii) Response by alliance.--Not later than
30 days after the receipt of any recommendations
made under clause (i), the Alliance shall submit
to the Secretary a final budget for the next 2
calendar years that incorporates or includes a
description of the response of the Alliance to any
changes recommended under clause (i).''.
SEC. 12406. ASSESSMENTS.
(a) In General.--Section 707 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Rate.--The assessment rate shall be equal to \2/10\ of 1 cent
per gallon of oilheat fuel.''; and
(2) in subsection (b), by adding at the end the following:
``(8) Prohibition on pass through.--None of the assessments
collected under this title may be passed through or otherwise
required to be paid by residential consumers of oilheat fuel.''.
(b) Funds Made Available to Qualified State Associations.--Section
707(e)(2) of the National Oilheat Research Alliance Act of 2000 (42
U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end
the following:
``(B) Separate accounts.--As a condition of receipt
of funds made available to a qualified State association
under this title, the qualified State association shall
deposit the funds in an account that is separate from
other funds of the qualified State association.''.
(c) Administration.--Section 707 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended by adding at the end the following:
``(f) Use of Assessments.--
``(1) In general.--Notwithstanding any other provision of
this title, the Secretary and the Alliance shall ensure that
assessments collected for each calendar year under this title
are allocated and used in accordance with this subsection.
``(2) Research, development, and demonstration.--
[[Page 128 STAT. 1001]]
``(A) In general.--The Alliance shall ensure that
not less than 30 percent of the assessments collected
for each calendar year under this title are used by
qualified State associations or the Alliance to conduct
research, development, and demonstration activities
relating to oilheat fuel, including the development of
energy-efficient heating and the transition and
facilitation of the entry of energy efficient heating
systems into the marketplace.
``(B) Coordination.--The Alliance shall coordinate
with the Secretary to develop priorities for the use of
assessments under this paragraph.
``(C) Plan.--The Alliance shall develop a
coordinated research plan to carry out research programs
and activities under this section.
``(D) Report.--
``(i) In general.--No later than 1 year after
the date of enactment of this subsection, the
Alliance shall prepare a report on the use of
biofuels in oilheat fuel utilization equipment.
``(ii) Contents.--The report required under
clause (i) shall--
``(I) provide information on the
environmental benefits, economic
benefits, and any technical limitations
on the use of biofuels in oilheat fuel
utilization equipment; and
``(II) describe market acceptance of
the fuel, and information on State and
local governments that are encouraging
the use of biofuels in oilheat fuel
utilization equipment.
``(iii) Copies.--The Alliance shall submit a
copy of the report required under clause (i) to--
``(I) Congress;
``(II) the Governor of each State,
and other appropriate State leaders, in
which the Alliance is operating; and
``(III) the Administrator of the
Environmental Protection Agency.
``(E) Consumer education materials.--The Alliance,
in conjunction with an institution or organization
engaged in biofuels research, shall develop consumer
education materials describing the benefits of using
biofuels as or in oilheat fuel based on the technical
information developed in the report required under
subparagraph (D) and other information generally
available.
``(3) Cost sharing.--
``(A) In general.--In carrying out a research,
development, demonstration, or commercial application
program or activity that is commenced after the date of
enactment of this subsection, the Alliance shall require
cost-sharing in accordance with this section.
``(B) Research and development.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), the Alliance shall require
that not less than 20 percent of the cost of a
research or development program or activity
described in subparagraph (A) to be provided by a
source other than the Alliance.
[[Page 128 STAT. 1002]]
``(ii) Exclusion.--Clause (i) shall not apply
to a research or development program or activity
described in subparagraph (A) that is of a basic
or fundamental nature, as determined by the
Alliance.
``(iii) Reduction.--The Alliance may reduce or
eliminate the requirement of clause (i) for a
research and development program or activity of an
applied nature if the Alliance determines that the
reduction is necessary and appropriate.
``(C) Demonstration and commercial application.--The
Alliance shall require that not less than 50 percent of
the cost of a demonstration or commercial application
program or activity described in subparagraph (A) to be
provided by a source other than the Alliance.
``(4) Heating oil efficiency and upgrade program.--
``(A) In general.--The Alliance shall ensure that
not less than 15 percent of the assessments collected
for each calendar year under this title are used by
qualified State associations or the Alliance to carry
out programs to assist consumers--
``(i) to make cost-effective upgrades to more
fuel efficient heating oil systems or otherwise
make cost-effective modifications to an existing
heating system to improve the efficiency of the
system;
``(ii) to improve energy efficiency or reduce
energy consumption through cost-effective energy
efficiency programs for consumers; or
``(iii) to improve the safe operation of a
heating system.
``(B) Plan.--The Alliance shall, to the maximum
extent practicable, coordinate, develop, and implement
the programs and activities of the Alliance in
conjunction with existing State energy efficiency
program administrators.
``(C) Administration.--
``(i) In general.--In carrying out this
paragraph, the Alliance shall, to the maximum
extent practicable, ensure that heating system
conversion assistance is coordinated with, and
developed after consultation with, persons or
organizations responsible for administering--
``(I) the low-income home energy
assistance program established under the
Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.);
``(II) the Weatherization Assistance
Program for Low-Income Persons
established under part A of title IV of
the Energy Conservation and Production
Act (42 U.S.C. 6861 et seq.); or
``(III) other energy efficiency
programs administered by the State or
other parties in the State.
``(ii) Distribution of funds.--The Alliance
shall ensure that funds distributed to carry out
this paragraph are--
``(I) distributed equitably to
States based on the proportional
contributions of the States through
collected assessments;
[[Page 128 STAT. 1003]]
``(II) used to supplement (and not
supplant) State or alternative sources
of funding for energy efficiency
programs; and
``(III) used only to carry out this
paragraph.
``(5) Consumer education, safety, and training.--The
Alliance shall ensure that not more than 30 percent of the
assessments collected for each calendar year under this title
are used--
``(A) to conduct consumer education activities
relating to oilheat fuel, including providing
information to consumers on--
``(i) energy conservation strategies;
``(ii) safety;
``(iii) new technologies that reduce
consumption or improve safety and comfort;
``(iv) the use of biofuels blends; and
``(v) Federal, State, and local programs
designed to assist oilheat fuel consumers;
``(B) to conduct worker safety and training
activities relating to oilheat fuel, including energy
efficiency training (including classes to obtain
Building Performance Institute or Residential Energy
Services Network certification);
``(C) to carry out other activities recommended by
the Secretary; or
``(D) to the maximum extent practicable, a data
collection process established, in collaboration with
the Secretary or other appropriate Federal agencies, to
track equipment, service, and related safety issues and
to develop measures to improve safety.
``(6) Administrative costs.--
``(A) In general.--The Alliance shall ensure that
not more than 5 percent of the assessments collected for
each calendar year under this title are used for--
``(i) administrative costs; or
``(ii) indirect costs incurred in carrying out
paragraphs (1) through (5).
``(B) Administration.--Activities under this section
shall be documented pursuant to a transparent process
and procedures developed in coordination with the
Secretary.
``(7) Reports.--
``(A) Annual reports.--
``(i) In general.--Each qualified State
association or the Alliance shall prepare an
annual report describing he development and
administration of this section, and yearly
expenditures under this section.
``(ii) Contents.--Each report required under
clause (i) shall include a description of the use
of proceeds under this section, including a
description of--
``(I) advancements made in energy-
efficient heating systems and biofuel
heating oil blends; and
``(II) heating system upgrades and
modifications and energy efficiency
programs funded under this section.
``(iii) Verification.--
[[Page 128 STAT. 1004]]
``(I) In general.--The Alliance
shall ensure that an independent third-
party reviews each report described in
clause (i) and verifies the accuracy of
the report.
``(II) Councils.--If a State has a
stakeholder efficiency oversight
council, the council shall be the entity
that reviews and verifies the report of
the State association or Alliance for
the State under clause (i).
``(B) Reports on heating oil efficiency and upgrade
program.--At least once every 3 years, the Alliance
shall prepare a detailed report describing the consumer
savings, cost-effectiveness of, and the lifetime and
annual energy savings achieved by heating system
upgrades and modifications and energy efficiency
programs funded under paragraph (4).
``(C) Availability.--Each report, and any subsequent
changes to the report, described in this paragraph shall
be made publically available, with notice of
availability provided to the Secretary, and posted on
the website of the Alliance.''.
SEC. 12407. MARKET SURVEY AND CONSUMER PROTECTION.
Section 708 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is repealed.
SEC. 12408. LOBBYING RESTRICTIONS.
Section 710 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is amended--
(1) by striking ``No funds'' and inserting the following:
``(a) In General.--No funds'';
(2) by inserting ``or to lobby'' after ``elections''; and
(3) by adding at the end the following:
``(b) Assessments.--
``(1) In general.--Subject to paragraph (2), no funds
derived from assessments collected by the Alliance under section
707 shall be used, directly or indirectly, to influence Federal,
State, or local legislation or elections, or the manner of
administering of a law.
``(2) Information.--The Alliance may use funds described in
paragraph (1) to provide information requested by a Member of
Congress, or an official of any Federal, State, or local agency,
in the course of the official business of the Member or
official.''.
SEC. 12409. NONCOMPLIANCE.
Section 712 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the
end the following:
``(g) Noncompliance.--If the Alliance, a qualified State
association, or any other entity or person violates this title, the
Secretary shall--
``(1) notify Congress of the noncompliance; and
``(2) provide notice of the noncompliance on the Alliance
website.''.
[[Page 128 STAT. 1005]]
SEC. 12410. SUNSET.
Section 713 of the National Oilheat Research Alliance Act of 2000
(42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``9
years'' and inserting ``18 years''.
Approved February 7, 2014.
LEGISLATIVE HISTORY--H.R. 2642 (S. 954):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 113-333 (Comm. of Conference).
SENATE REPORTS: No. 113-88 (Comm. on Agriculture, Nutrition, and
Forestry) accompanying S. 954.
CONGRESSIONAL RECORD:
Vol. 159 (2013):
July 11, considered and passed
House.
July 18, considered and passed
Senate, amended, in lieu of
S. 954.
Sept. 28, House concurred in Senate
amendment pursuant to H. Res.
361.
Oct. 1, Senate disagreed to House
amendment.
Vol. 160 (2014):
Jan. 29, House agreed to conference
report.
Jan. 30, Feb. 3, 4, Senate
considered and agreed to
conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2014):
Feb. 7, Presidential remarks.
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