Text: H.R.2642 — 113th Congress (2013-2014)All Information (Except Text)
Shown Here:
Public Law No: 113-79 (02/07/2014)
[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.
[[Page 128 STAT. 657]]
Sec. 10010. Specialty crop block grants.
Sec. 10011. Department of Agriculture consultation regarding enforcement
of certain labor law provisions.
Sec. 10012. Report on honey.
Sec. 10013. Reports to Congress.
Sec. 10014. Stay of regulations.
Sec. 10015. Regulation of sulfuryl fluoride.
Sec. 10016. Local food production and program evaluation.
Sec. 10017. Clarification of use of funds for technical assistance.
TITLE XI--CROP INSURANCE
Sec. 11001. Information sharing.
Sec. 11002. Publication of information on violations of prohibition on
premium adjustments.
Sec. 11003. Supplemental coverage option.
Sec. 11004. Crop margin coverage option.
Sec. 11005. Premium amounts for catastrophic risk protection.
Sec. 11006. Permanent enterprise unit subsidy.
Sec. 11007. Enterprise units for irrigated and nonirrigated crops.
Sec. 11008. Data collection.
Sec. 11009. Adjustment in actual production history to establish
insurable yields.
Sec. 11010. Submission of policies and Board review and approval.
Sec. 11011. Consultation.
Sec. 11012. Budget limitations on renegotiation of the standard
reinsurance agreement.
Sec. 11013. Test weight for corn.
Sec. 11014. Crop production on native sod.
Sec. 11015. Coverage levels by practice.
Sec. 11016. Beginning farmer and rancher provisions.
Sec. 11017. Stacked income protection plan for producers of upland
cotton.
Sec. 11018. Peanut revenue crop insurance.
Sec. 11019. Authority to correct errors.
Sec. 11020. Implementation.
Sec. 11021. Crop insurance fraud.
Sec. 11022. Research and development priorities.
Sec. 11023. Crop insurance for organic crops.
Sec. 11024. Program compliance partnerships.
Sec. 11025. Pilot programs.
Sec. 11026. Index-based weather insurance pilot program.
Sec. 11027. Enhancing producer self-help through farm financial
benchmarking.
Sec. 11028. Technical amendments.
TITLE XII--MISCELLANEOUS
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
Ref