The 2024 Farm Bill: H.R. 8467 Compared with Current Law
August 27, 2024
Congressional Research Service
https://crsreports.congress.gov
R48167
Congressional Research Service
https://crsreports.congress.gov
R48167
Congressional Research Service
Congress sets food and agriculture policy through periodic legislation referred to as farm bills. The previous farm bill, the Agriculture Improvement Act of 2018 (P.L. 115-334), was extended by one year (P.L. 118-22)—until September 30, 2024, and for the 2024 crop year. The farm bill covers numerous policies and programs, including commodity support, conservation, trade and food aid, domestic food assistance, credit, rural development, research, forestry, energy, horticulture, and crop insurance, among others.
The Farm, Food, and National Security Act of 2024 (H.R. 8467) was introduced on May 21, 2024. On May 23, 2024, the House Committee on Agriculture ordered the bill reported favorably to the House by a vote of 33-21. On August 2, 2024, the Congressional Budget Office published a score of H.R. 8467. The score indicates the bill would increase direct (mandatory) spending that is subject to budget enforcement by $15.4 billion over five years (FY2025-FY2029) and by $33.0 billion over nine years (FY2025-FY2033). This would include a net increase of about $43.4 billion over nine years for commodity support programs; a net decrease of $1.8 billion for conservation programs; a net decrease of $20.6 billion for the domestic nutrition programs by limiting future increases to the Thrifty Food Plan (TFP) that is used to determine Supplemental Nutrition Assistance Program (SNAP) benefit levels; and an increase of $12.0 billion for other titles.
H.R. 8467 would reauthorize most existing programs through FY2029, with modifications to specific programs and funding levels. H.R. 8467 would amend and extend commodity support programs under Title I and increase the revenue guarantees and reference prices for commodities covered under the Agricultural Risk Coverage and Price Loss Coverage programs, respectively. The bill would provide a one-time opportunity to grant eligible producers new base acre holdings. The bill would restrict the U.S. Department of Agriculture’s (USDA) discretionary use of the Commodity Credit Corporation over the next decade. Within the conservation title (Title II), nearly all programs would receive increased mandatory funding. The bill would reauthorize the Conservation Reserve Program at its current level of 27 million acres. H.R. 8467 would emphasize the use of precision agriculture technology within the Environmental Quality Incentives Program and Conservation Stewardship Program working lands programs. Title III would reauthorize all international food aid programs and seek to expand opportunities for U.S. grown commodities, including fruits and vegetables, in international markets.
H.R. 8467, Title IV, would amend domestic nutrition policy through changes to the SNAP eligibility and benefit calculations and adjustments to state administration of the program. The bill would reauthorize and increase funding for several food distribution and assistance programs, including the Emergency Food Assistance Program. H.R. 8467 would amend the process for updating the TFP, adding constraints that would prevent USDA from reevaluating the market basket in a way that would exceed inflation.
The bill would increase loan limits authorized under the credit title (Title V) for individual borrowers for USDA farm loan programs and allow the Farm Credit System to make loans for essential community services. The bill would support rural communities under Title VI by reauthorizing rural development programs to address rural health care focused on substance use disorder prevention and treatment, broadband deployment with new minimum buildout speed requirements, business development, and rural child care, among other issues. Title VII would increase appropriations for extension and research activities; designate new high-priority research areas, including fertilizer and nutrient management; and establish a commission to modernize the National Agricultural Statistics Service.
H.R. 8467 would establish new programs under the forestry title (Title VIII) related to biochar and white oak restoration, as well as increase wildfire management activities and implement giant sequoia protection procedures. The bill would require USDA to study solar panel installation on farmland and develop a department-wide
August 27, 2024
Frank Gottron, Coordinator Section Research Manager
The 2024 Farm Bill: H.R. 8467 Compared with Current Law
Congressional Research Service
strategy for sustainable aviation fuel production under Title IX. Title X would increase available funding for certain specialty crop programs, establish new and update existing statutory definitions related to hemp cultivation, and amend certain pesticide regulatory requirements. Title XI would increase subsidies for crop insurance premiums for beginning and veteran farmers and ranchers, increase coverage levels for whole farm insurance policies, and provide additional support for administrative and operating costs for approved insurance providers. Areas addressed in the miscellaneous title (Title XII) include increased mandatory funding for several animal health, disease prevention, and veterinary programs for livestock and additional reporting requirements for foreign land ownership.
The 2024 Farm Bill: H.R. 8467 Compared with Current Law
Congressional Research Service
Introduction ..................................................................................................................................... 1 Budgetary Impact ............................................................................................................................ 2 Title-by-Title Summary ................................................................................................................... 5
Title I, Commodities ................................................................................................................. 5
Commodity Policy .............................................................................................................. 5 Marketing Loans ................................................................................................................. 6 Sugar ................................................................................................................................... 6 Dairy ................................................................................................................................... 6 Supplemental Agricultural Disaster Assistance Programs .................................................. 7 Administration: Payment Limits and Eligibility Criteria .................................................... 7
Title II, Conservation ................................................................................................................ 7
Conservation Reserve Program ........................................................................................... 7
Environmental Quality Incentives Program and Conservation Stewardship
Program............................................................................................................................ 8
Agricultural Conservation Easement Program ................................................................... 8 Forest Conservation Easement Program ............................................................................. 8
Title III, Trade ........................................................................................................................... 9 Title IV, Nutrition .................................................................................................................... 10
Supplemental Nutrition Assistance Program .................................................................... 10 Food Distribution Programs ............................................................................................... 11
Other Nutrition Programs and Policies ............................................................................. 12
Title V, Credit .......................................................................................................................... 12 Title VI, Rural Development ................................................................................................... 13
Rural Health Care ............................................................................................................. 13 Broadband Deployment .................................................................................................... 13 Business Development ...................................................................................................... 14
Infrastructure Development .............................................................................................. 14 Other Issues ....................................................................................................................... 14
Title VII, Research, Extension, and Related Matters .............................................................. 14 Title VIII, Forestry .................................................................................................................. 15 Title IX, Energy ....................................................................................................................... 16
Title X, Horticulture, Marketing, and Regulatory Reform ...................................................... 18
Title XI, Crop Insurance .......................................................................................................... 19
Policyholders .................................................................................................................... 19 AIPs .................................................................................................................................. 19 USDA................................................................................................................................ 19
Title XII, Miscellaneous .......................................................................................................... 20
Livestock and Other Animals ............................................................................................ 20
Department of Agriculture Reorganization Act of 1994 ................................................... 21 National Security .............................................................................................................. 21 Other Miscellaneous Provisions ....................................................................................... 21
Provisions of H.R. 8467 Compared with Current Law ................................................................. 21 Farm Bill Key CRS Policy Staff ................................................................................................. 135
The 2024 Farm Bill: H.R. 8467 Compared with Current Law
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Table 1. Estimated Changes in Mandatory Spending Under H.R. 8467 ......................................... 4 Table 2. Title I, Commodities ........................................................................................................ 22 Table 3. Title II, Conservation ....................................................................................................... 33
Table 4. Title III, Trade .................................................................................................................. 53
Table 5. Title IV, Nutrition............................................................................................................. 59 Table 6. Title V, Credit ................................................................................................................... 70
Table 7. Title VI, Rural Development ........................................................................................... 76 Table 8. Title VII, Research, Extension, and Related Matters ....................................................... 85
Table 9. Title VIII, Forestry ........................................................................................................... 97
Table 10. Title IX, Energy ............................................................................................................ 111
Table 11. Title X, Horticulture, Marketing, and Regulatory Reform ........................................... 114
Table 12. Title XI, Crop Insurance .............................................................................................. 120 Table 13. Title XII, Miscellaneous .............................................................................................. 124 Table 14. Farm Bill Key CRS Policy Staff .................................................................................. 135
Author Information ...................................................................................................................... 136
The 2024 Farm Bill: H.R. 8467 Compared with Current Law
Congressional Research Service 1
Congress has established federal policy related to the food and agriculture sectors through periodic farm bills since the 1930s. The farm bill, an omnibus, multiyear law, is the primary piece of legislation that governs an array of agricultural and food market programs. As technology, economic conditions, and the agriculture system have evolved, Congress has regularly revisited agricultural policy through farm legislation. Policy areas addressed in farm bills have expanded from providing support for selected commodities to including an array of programs and policies, such as commodity support, conservation, trade, domestic nutrition assistance, credit, rural development, research, forestry, energy, horticulture, and crop insurance. Congress has passed 18 farm bills.1
Certain programs included in the farm bill are permanently authorized and would continue in the absence of new farm legislation. Others, such as support programs for commodities including dairy, wheat, rice, cotton, and corn, would expire and return to so-called “permanent laws” dating back to the 1930s and 1940s. Under permanent law, the U.S. Department of Agriculture (USDA) would be required to support eligible commodities at levels that exceed 2024 market prices, incurring billions of dollars in additional government expenditures and higher prices for consumers, while ending support for some commodities including soybeans, peanuts, and sugar.2 Congress passed a one-year extension (P.L. 118-22, Division B, §102) to the Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334) to extend expiring authorizations through September 30, 2024, and for the 2024 crop year.3
The Farm, Food, and National Security Act of 2024 (H.R. 8467) would add, amend, and reauthorize programs in the 2018 farm bill that would expire in 2024 without further legislative action. H.R. 8467 was introduced on May 21, 2024. The House Committee on Agriculture considered the bill and ordered it reported favorably to the House on May 23, 2024, by a vote of 33-21. During markup, Members considered 59 amendments and adopted 25 (19 by en bloc).4 Four amendments failed by recorded vote, eighteen amendments were offered and withdrawn after some discussion, and twelve amendments were not offered.
The Senate Committee on Agriculture, Nutrition, and Forestry has not released bill text for a farm bill. The majority released a summary and section-by-section for a bill on May 1, 2024.5 The minority similarly posted a framework on June 11, 2024.6 Neither release has legislative detail or completeness to compare with the bill in the House. No markup has been scheduled.
This report provides a summary of each title included in H.R. 8467, as ordered reported, using available information on the proposed legislation. As of the writing of this report, an amended version of H.R. 8467, as ordered reported, has not been published. The Congressional Research
1 CRS Report RS22131, What Is the Farm Bill?.
2 For more information on farm bill expiration, see CRS Report R47659, Expiration of the 2018 Farm Bill and Extension in 2024.
3 CRS Report R45210, Farm Bills: Major Legislative Actions, 1965-2024.
4 U.S. House of Representatives Committee Repository, “H.R. 8467 (118th Congress), The Farm, Food, and National Security Act of 2024,” https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventId=117371.
5 Senate Agriculture Committee (minority), “Chairwoman Stabenow Unveils the Rural Prosperity and Food Security Act,” https://www.agriculture.senate.gov/newsroom/dem/press/release/chairwoman-stabenow-unveils-the-rural- prosperity-and-food-security-act.
6 Senate Agriculture Committee (minority), “Boozman Unveils Senate Ag Republicans Framework Answering Call to Put More Farm in the Farm Bill,” https://www.agriculture.senate.gov/newsroom/rep/press/release/boozman-unveils- senate-ag-republicans-framework-answering-call-to-put-more-farm-in-the-farm-bill.
The 2024 Farm Bill: H.R. 8467 Compared with Current Law
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Service (CRS) relied on the introduced bill and adopted amendment text published by the House Committee on Agriculture.7 Following the summaries of each of the 12 titles included in H.R. 8467, this report includes tables describing each provision in the bill and provides a direct comparison of these provisions to current law.
When H.R. 8467 was marked up in committee, the Congressional Budget Office (CBO) had not released an official score, though the press had reported on preliminary scores for sections of the bill.8 Committees do not need a CBO score to mark up bills. Scores are required for reported bills only before consideration on the chamber floor.9 On August 2, 2024, CBO published a score of H.R. 8467 “as ordered reported on May 23, 2024, and with subsequent amendments as provided by the House Committee on Agriculture on July 30, 2024.”10 The score indicates that the bill would increase direct (mandatory) spending that is subject to budget enforcement, such as PayGo,11 by $15.4 billion over five years (FY2025-FY2029) and by $33.0 billion over nine years (FY2025-FY2033) compared with the May 2023 CBO baseline (Table 1).12
Budget Background for the Farm Bill
Budget enforcement in Congress uses baseline and scoring procedures followed by the nonpartisan Congressional Budget Office (CBO) to determine whether proposed changes in a bill would increase or decrease government spending. The baseline is a projection of what current law would cost if it were continued; it is a benchmark of assumptions about current economic conditions against which proposed changes in a bill are compared. The score is the effect that each provision, or the bill in total, is expected to have against the baseline (CRS Report 98-560, Baselines and Scorekeeping in the Federal Budget Process). A bill’s score may be grouped in various ways or subtotaled by title, but it is the sum that determines whether it meets budget enforcement requirements, such as pay-as-you-go (PAYGO) or cut-as-you-go (CUTGO) (CRS In Focus IF11032, Budgetary Decisionmaking in Congress). PAYGO refers to both a law and House and Senate rules that bills should not increase the deficit; essentially, that budgetary increases are fully offset by reductions so that the net score of a bill is zero (CRS Report R41157, The Statutory Pay-As-You-Go Act of 2010: Summary and Legislative History; CRS Report R47413, Points of Order in the Congressional Budget Process; and CRS Report RL31943, Budget Enforcement Procedures: The Senate Pay-As-You-Go (PAYGO) Rule). CUTGO is a protocol in the House during the 118th Congress prohibiting offsets from having revenue-raising provisions (CRS Report R41510, House Rule XXI, Clause 10: The CUTGO Rule). Four titles of the farm bill account for over 99% of the baseline (nutrition, crop insurance, farm commodities, and conservation). Budget laws require CBO to score proposed changes over a 10-year budget window regardless of
7 See U.S. House of Representatives Committee Repository, “H.R. 8467 (118th Congress), The Farm, Food, and National Security Act of 2024,” at https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventId=117371.
8 The Hagstrom Report, “Thompson bill to increase farm subsidies by suspending CCC authority,” vol. 14, no. 103, May 17, 2024; Phillip Brasher and Noah Wicks, “House Ag GOP farm bill boosts reference prices sharply, but leaves funding gap,” Agri-Pulse, May 17, 2024; Noah Wicks, “House farm bill proposal maintains CRP acreage cap,” Agri- Pulse, May 17, 2024; Phillip Brasher et al., “CBO lays out Thompson’s farm bill funding gap,” Agri-Pulse Daybreak, May 22, 2024; The Hagstrom Report, “Thompson to proceed with farm bill markup despite scoring dispute,” vol. 14, no. 106, May 22, 2024; and Marc Heller, “Committee OKs farm bill after scrap over climate-smart ag,” E&E Daily by Politico, May 24, 2024.
9 CRS Report R47413, Points of Order in the Congressional Budget Process.
10 Congressional Budget Office (CBO), “H.R. 8467, Farm, Food, and National Security Act of 2024,” August 2, 2024, at https://www.cbo.gov/publication/60594.
11 CRS In Focus IF11032, Budgetary Decisionmaking in Congress.
12 The CBO score of H.R. 8467 covers the 10 years FY2024-FY2033 because CBO scored it against the May 2023 baseline. Because CBO assumes enactment of the bill near the end of FY2024, the estimated effect on FY2024 is zero. Therefore, effects are estimated over the remaining nine years, FY2025-FY2033.
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the length of the authorization. The current 10-year baseline projection for FY2025-FY2034 as of June 2024 is $1.36 trillion. The May 2023 baseline that CBO used to score the bill was $1.46 trillion over FY2024-FY2033, or $1.32 trillion over the nine years FY2025-FY2033 that are affected in the score of H.R. 8467. Recent farm bills have had positive, neutral, and negative scores: the 2002 farm bill added $75 billion to the baseline over 10 years, the 2014 farm bill reduced spending by $16 billion, and the 2008 and 2018 farm bills were budget neutral—adding spending to some programs using offsets from reductions to other programs (CRS In Focus IF12233, Farm Bill Primer: Budget Dynamics). The one-year extension of the 2018 farm bill (P.L. 118-22, Division B, §102) was budget neutral for programs with baseline and provided $177 million for one year for 19 programs without a mandatory budget baseline by using an offset (CRS In Focus IF12115, Farm Bill Primer: Programs Without Baseline Beyond FY2024).
The CBO score for the farm commodity programs (Title I) is an increase in projected payments (outlays) of $47.0 billion over the nine years FY2025-FY2033 (Table 1). The May 2023 baseline against which this was estimated was $67 billion over the nine years. This increase in estimated cost would be partially offset by restricting the discretionary use of the Commodity Credit Corporation (CCC), which CBO scored as a $3.6 billion reduction.13 Thus, the net cost of Title I is estimated to be an increase in outlays of $43.4 billion over nine years.
Discretionary use of the CCC had not had any projected baseline until March 2020.14 The May 2023 baseline estimated $9 billion of baseline for the nine years FY2025-FY2033. The CBO score explains that the full $9 billion of baseline may not be realized as savings. The House Agriculture Committee has argued that the offset should be valued higher, based on USDA’s past use of the authority from 2018 to 2023, and should completely offset the title’s increase.15 Baselines and scores, however, are forward-looking projections, which makes accounting for possible future administrative actions difficult.
The CBO score of the conservation title (Title II) is an increase of the permanent baseline for farm bill conservation programs by $9.9 billion above the May 2023 $55 billion nine-year baseline projection for FY2025-FY2033. The increase would be more than offset by rescinding $11.7 billion of agricultural conservation funding under P.L. 117-169 (referred to as the Inflation Reduction Act of 2022, or IRA) that is available through FY2031. Thus, the net effect on agricultural conservation activities is a net reduction of $1.8 billion over nine years (Table 1).
The CBO score of the nutrition title (Title IV) shows an increase in some benefits totaling $10.1 billion over the nine years FY2025-FY2033, but the title’s score does not include the offset in Title XII that would limit scheduled future updates to Supplemental Nutrition Assistance Program (SNAP) benefits from the Thrifty Food Plan (TFP). The TFP limits plus CBO-scored interaction effects with Title IV provisions sum to a $30.6 billion reduction over nine years compared with the nine-year $1.1 trillion baseline projection made in May 2023. Thus, nutrition programs score a net $20.6 billion reduction, according to CBO (Table 1).
Other titles in the farm bill (trade, rural development, research, forestry, energy, horticulture, crop insurance, and miscellaneous) would share an increase of $12.0 billion to their baselines.
13 For background on discretionary use authority, see CRS Report R44606, The Commodity Credit Corporation (CCC).
14 The Congressional Budget Office (CBO) detailed its methodology in the June 2024 baseline. CBO, “Details About Baseline Projections for Selected Program,” at https://www.cbo.gov/data/baseline-projections-selected-programs.
15 House Agriculture Committee, “Inaccuracies in the Congressional Budget Office Forecast of Spending Under Authority Granted by Section 5 of the Commodity Credit Corporation Charter Act,” May 23, 2024, https://agriculture. house.gov/uploadedfiles/cbos_ccc_inaccuracies.pdf; and House Agriculture Committee, “Chairman Thompson’s Statement on CBO Score of Bipartisan Farm, Food, and National Security Act of 2024,” August 2, 2024, https:// agriculture.house.gov/news/documentsingle.aspx?DocumentID=7806.
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CBO periodically updates the baseline projection for new economic conditions, which may affect new scoring estimates. CBO also advances the budget years that are projected on a rolling 10- year basis. The May 2023 baseline that was used to score the House farm bill markup covered FY2024-FY2033. The June 2024 baseline covers different years (i.e., FY2025-FY2034) and would result in a different score if it were used—not only because of an additional year of costs (FY2034) in a 10-year window starting in FY2025 but also because of different assumptions about eligibility, prices, and the economy.
Table 1. Estimated Changes in Mandatory Spending Under H.R. 8467
(million dollars outlays)
FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033
5 years: FY2025
-
FY2029
9 years: FY2025
-
FY2033
Title I, Commodities, other than §1608, Limitation on CCC Authority 82 137 6,209 6,672 6,669 6,141 6,751 7,178 7,137 19,769 46,976
§1608, Limitation on CCC -400 -400 -400 -400 -400 -400 -400 -400 -400 -2,000 -3,600
Total, Title I, Commodities -318 -263 5,809 6,272 6,269 5,741 6,351 6,778 6,737 17,769 43,376
Title II, Conservation, other than §2502, Rescissions of IRA 495 806 779 947 1,181 1,303 1,173 1,628 1,620 4,208 9,932
§2502, Rescissions of IRA -450 -1,439 -2,472 -2,543 -2,361 -1,666 -771 0 0 -9,265 -11,702
Total, Title II, Conservation 45 -633 -1,693 -1,596 -1,180 -363 402 1,628 1,620 -5,057 -1,770
Title III, Trade 249 249 249 249 249 235 235 235 235 1,245 2,185
Title IV, Nutrition 757 1,139 1,193 1,161 1,139 1,143 1,140 1,188 1,196 5,389 10,056
§12401, Thrifty Food Plan and Interaction Effects with Title IV -3 -4 -3,330 -3,430 -3,430 -3,440 -3,440 -6,680 -6,890 -10,197 -30,647
Total, Nutrition Programs 754 1,135 -2,137 -2,269 -2,291 -2,297 -2,300 -5,492 -5,694 -4,808 -20,591
Title VI, Rural Development 2 8 15 13 -4 -18 -11 -4 -1 34 0
Title VII, Research, Extension, and Related Matters 96 250 417 568 615 559 453 295 145 1,946 3,398
Title VIII, Forestry 2 2 2 2 2 0 0 0 0 10 10
Title IX, Energy 5 10 10 10 10 5 0 0 0 45 50
Title X, Horticulture 51 52 49 49 49 30 30 30 30 250 370
Title XI, Crop Insurance 277 349 365 379 397 407 428 448 466 1,767 3,516
Title XII, Miscellaneous, other than §12401, Thrifty Food Plan 265 451 534 589 344 59 60 62 65 2,183 2,429
Total Changes, All Titles 1,428 1,610 3,620 4,266 4,460 4,358 5,648 3,980 3,603 15,384 32,973
Source: CRS, using Congressional Budget Office (CBO), “H.R. 8467, Farm, Food, and National Security Act of 2024,” August 2, 2024, at https://www.cbo.gov/publication/60594. Notes: CBO estimated the effect on outlays for FY2024-FY2033, relative to CBO’s May 2023 baseline and assuming enactment late in FY2024. All amounts in the score for FY2024 were zero, and thus are not shown in this table. Offsets in Titles I, II and IV are organized consistent with CBO Table 5 in the score for the nutrition programs, which incorporates offsets separately. Title V is not included in the table, because it has no provisions that would affect mandatory spending.
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This section provides a brief narrative summary and key provisions of each title within H.R. 8467. Within each title summary, a text box outlines the structure of each title and includes links to the respective subtitles in the side-by-side tables found later in this report.
Title I of the farm bill authorizes agricultural commodity support and disaster assistance programs. These programs provide income support to agricultural producers for certain natural disasters, adverse growing conditions, and/or low market prices. Commodity support is authorized for certain crops, dairy, and sugar. Disaster assistance is available for a wide variety of crops and livestock. USDA’s Farm Service Agency (FSA) administers these programs.
H.R. 8467 would suspend non-expiring farm bill provisions from the 1930s and 1940s through crop year 2029, amend and extend the commodity support programs from the 2018 farm bill through crop year 2029, amend the permanently authorized agricultural disaster assistance programs, and restrict the Secretary of Agriculture’s use of CCC funds and authorities for FY2025 through FY2034 (Table 2).16
The Agriculture Risk Coverage (ARC), Price Loss Coverage (PLC), Marketing Assistance Loan (MAL), and Loan Deficiency Payment (LDP) programs provide support to eligible producers of corn, soybeans, wheat, cotton, rice, peanuts, and certain other commodities.17 The ARC program provides payments per base acre triggered by low average county revenue relative to recent historical averages.18 The PLC program provides payments per base acre triggered by low average national prices relative to statutory reference prices.
• Base Acres. H.R. 8467 would grant eligible agricultural producers a one-time option to expand and allocate base acre holdings in proportion to average 2019- 2023 plantings of covered and noncovered commodities. H.R. 8467 would limit the total existing and new base acres to no more than 30 million acres.
• ARC. H.R. 8467 would increase the county revenue guarantee from 86% to 90% of historical average revenue and increase the maximum payment amount from 10% to 12.5% of the county revenue guarantee.
• PLC. H.R. 8467 would increase the statutory reference prices by 21% for rice; 19% for soybeans, dry peas, lentils, and small and large chickpeas; 18% for
16 For background on non-expiring farm bill commodity support provisions, see CRS Report R47659, Expiration of the 2018 Farm Bill and Extension in 2024. For additional information on the CCC, see CRS Report R44606, The Commodity Credit Corporation (CCC).
17 CRS In Focus IF12114, Farm Bill Primer: PLC and ARC Farm Support Programs; and CRS In Focus IF12140, Farm Bill Primer: MAL and LDP Farm Support Programs.
18 CRS In Focus IF12418, U.S. Farm Commodity Support: Base Acres and Payment Yields.
Side-by-Side Comparison
Commodities
Subtitle A – Commodity Policy Subtitle B – Marketing Loans Subtitle C – Sugar Subtitle D – Dairy Subtitle E – Supplemental Agricultural Disaster Assistance Programs Subtitle F – Administration
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peanuts and other oilseeds; 15% for wheat; 14% for seed cotton; 11% for corn and grain sorghum; and 10% for barley and oats.
• ARC, PLC, and Crop Insurance. H.R. 8467 would retain the prohibition on joint enrollment in ARC, PLC, and certain crop insurance coverages (see “Title XI, Crop Insurance”).
The MAL program provides nine-month loans to farmers collateralized by eligible stored commodities and, along with the LDP program, provides price support when market prices drop below statutory levels.
• MAL. H.R. 8467 would increase MAL rates by 117% for honey, 39% for wool, 12% for dry peas, 6% for upland cotton, 5% for extra long staple cotton, and 10% for all other eligible commodities. The bill would make other changes to cotton support and eliminate recourse loans.
• LDP. H.R. 8467 would eliminate LDPs for unshorn pelts and commodities used for hay or silage or for wheat, barley, oats, or triticale for grazing.
H.R. 8467 would increase the payments to domestic users of upland cotton from the Economic Adjustment Assistance for Textile Mills program and eliminate the Special Competitive Provisions for Extra Long Staple Cotton program.
The United States supports sugar producers by providing marketing loans to processors, limiting domestic sugar supplies through marketing allotments to processors, and limiting sugar imports through tariff-rate quotas (TRQs). H.R. 8467 would increase the marketing loan rate for raw sugar cane from $0.1975 per pound to $0.24 per pound and increase the sugar beet rate from $0.2538 per pound to $0.3277 per pound. The bill would require USDA to prioritize marketing allotments to sugar beet processors with available sugar supplies and reassign allotments by mid- February each year. H.R. 8467, as ordered reported, does not include language reauthorizing flexible marketing allotments beyond 2024.
H.R. 8467 would require USDA to determine which countries would not be able to fill their TRQs for the year and reallocate those quantities to other countries. This would require any reallocation of TRQs to increase sugar supply prior to April 1 to be based solely on addressing an “emergency U.S. shortage of sugar.” The bill would also require USDA to conduct a study on imported refined sugar and its impact on the domestic sugar industry.
USDA supports milk producers through the Dairy Margin Coverage (DMC) program.19 The DMC program pays participating producers the difference between a producer-selected guarantee and the national milk margin (all-milk price minus an average feed cost ration). Margin payments are based on producers’ milk production history, not actual milk marketings. Producers pay annual premium rates based on two tiers of production history: Tier I premiums for 5 million or less pounds, and higher cost Tier II premiums for more than 5 million pounds. H.R. 8467 would allow participating dairies to update production histories to the highest milk marketings for years 2021,
19 CRS In Focus IF12202, Farm Bill Primer: Support for the Dairy Industry.
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2022, or 2023. In addition, it would raise the threshold between the two premium tiers to 6 million pounds.
H.R. 8467 would mandate that dairy product manufacturers report production costs and yield information to USDA that would be used to update “make allowances” for the Federal Milk Marketing Order (FMMO) system and would amend the Class I skim milk formula used in FMMO calculations of blended prices paid to milk producers. The bill would make the Dairy Forward Pricing Program permanent.
H.R. 8467 would increase payment rates for certain losses and expand eligible livestock losses under the Livestock Indemnity Program. The bill would lower eligibility criteria for the Tree Assistance Program and assign requirements for recipients. The bill would authorize USDA to use block grants for administering supplemental ad hoc disaster assistance.20
H.R. 8467 would add new allowances for certain farm businesses to qualify for higher payment limits for ARC and PLC and for certain entities with average adjusted gross income (AGI) greater than $900,000 to qualify for disaster assistance and conservation programs.21
Title II, Conservation, of H.R. 8467 contains reauthorizations, amendments, and new programs that would incentivize farmers and ranchers to voluntarily implement resource-conserving practices on private land. The proposed changes in H.R. 8467 center on the Conservation Reserve Program (CRP), a new forest easement program, and funding (Table 3).
Under H.R. 8467, CRP, which provides federal payments to landowners to remove agricultural land from production and restricts the conversion of grasslands to non-grazing uses, would be reauthorized at its current level of 27 million acres through FY2029. The program would be reorganized into four enrollment options: general, continuous, grassland, and a new partnership initiative combining two existing CRP subprograms—the Conservation Reserve Enhancement Program and the State Acres for Wildlife Enhancement. Other CRP subprograms would be repealed, including the Farmable Wetlands Program, CLEAR30 (referencing the Clean Lakes, Estuaries, and Rivers initiative), and the Soil Health and Income Protection Program Pilot. Several provisions would redefine CRP eligible land, which is currently based on erodibility, marginal pasture, as well as other resource factors. The House-reported bill would tie land eligibility to a land capability classification system based on the suitability of soils for field crops. Other proposed changes relate to payment rate calculations, types of payments offered, and more flexible options to withdraw from the program.
20 CRS In Focus IF12101, Farm Bill Primer: Disaster Assistance.
21 CRS Report R46248, U.S. Farm Programs: Eligibility and Payment Limits.
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The two working lands programs—the Environmental Quality Incentives Program (EQIP) and the Conservation Stewardship Program (CSP)—provide technical and financial assistance to farmers to improve land management practices. Most of the proposed amendments to EQIP and CSP would add emphasis on the use of precision agriculture practices and technology. The bill would create new subprograms and initiatives under both programs. The bill would also use EQIP funding to pay for programs that had previously received stand-alone mandatory funding, including the Voluntary Public Access and Habitat Incentive Program and the Feral Swine Eradication and Control Program. Both EQIP and CSP would receive increased mandatory funding through FY2029 under H.R. 8467.
The Agricultural Conservation Easement Program (ACEP) provides financial and technical assistance through two types of easements: agricultural land easements that limit nonagricultural uses on productive farm or grasslands and wetland reserve easements that protect and restore wetlands. Most of the changes to ACEP focus on additional incentives for socially disadvantaged farmer participation, the federal share of easement costs, and modification and exchange requirements. H.R. 8467 would increase mandatory funding for ACEP through FY2029.
The bill would create a new Forest Conservation Easement Program (FCEP) that would fund two types of easements: forestland easements and forest reserve easements. Forestland easements would be similar to agricultural land easements under ACEP, protecting the sustainability of forestlands by limiting non-forest land uses. Forest reserve easements would be similar to easements under the Healthy Forests Reserve Program (HFRP), which protect and enhance forest ecosystems and species habitat. The bill would repeal HFRP and provide FCEP mandatory funding through FY2029.
Nearly all of the conservation programs would receive increased mandatory funding under H.R. 8467. This increase in funding authority would be offset by the repeal of supplemental funding provided to EQIP, CSP, ACEP, and the Regional Conservation Partnership Program (RCPP) in the 2022 budget reconciliation (i.e., P.L. 117-169, the IRA). While the repealed IRA funding is reauthorized among the Title II programs, it is not necessarily provided to the same programs that funding was repealed from or at the same proportions.
Side-by-Side Comparison
Conservation
Subtitle A – Definitions Subtitle B – Conservation Reserve Program (CRP) Subtitle C – Environmental Quality Incentives Program (EQIP) Subtitle D – Conservation Stewardship Program (CSP) Subtitle E – Other Conservation Programs Subtitle F – Funding and Administration Subtitle G – Agricultural Conservation Easement Program (ACEP) Subtitle H – Forest Conservation Easement Program (FCEP) Subtitle I – Regional Conservation Partnership Program (RCPP) Subtitle J – Repeals and Transitional Provisions
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Title III addresses U.S. international food aid and agricultural trade programs. Under the farm bill authority, U.S. international food assistance is distributed through three main programs: (1) Title II of Food for Peace (FFP Title II, emergency and nonemergency food assistance); (2) Food for Progress (agricultural development programs); and (3) the McGovern-Dole International Food for Education and Child Nutrition Program (school lunch and feeding programs). Traditionally, these three programs have relied on U.S. agricultural commodities for their activities. However, recent farm bills have increasingly added flexibility to purchase food in local markets or to directly transfer cash or vouchers to needy recipients. The U.S. Agency for International Development (USAID) administers FFP Title II, and USDA’s Foreign Agricultural Service (FAS) administers the other two programs.
H.R. 8467 would reauthorize all international food aid programs (Table 4). FFP Title II would require USAID to consult with and receive approval from USDA for emergency food assistance, require the use of at least 50% of available funds to procure U.S. agricultural commodities and related ocean transportation on U.S. flagged vessels, narrow USAID’s authority to provide emergency food aid, and require the procurement of ready-to-use therapeutic foods for nonemergency food assistance under specified conditions of global child malnutrition.
H.R. 8467 would extend authority for several other related international programs, including the Farmer-to-Farmer program, Bill Emerson Humanitarian Trust (BEHT), and Global Crop Diversity Trust, and it would create the International Agriculture Cultural Immersion and Exchange Program. The bill would increase the role of USDA in the shared administration with USAID of BEHT.
Current U.S. export promotion programs include the Market Access Program (MAP), the Foreign Market Development (FMD) Cooperator Program, the E (Kika) de la Garza Emerging Markets Program, and Technical Assistance for Specialty Crops. These programs are under the umbrella of Agricultural Trade Promotion and Facilitation Program and are administered by FAS. H.R. 8467 would increase annual mandatory CCC funding for MAP to $400 million (up from $200 million) and FMD to $69 million (up from $35.5 million) for FY2025-FY2029. The bill would authorize additional appropriations for FMD of $1 million annually for FY2025-FY2029 to improve foreign infrastructure to address issues related to the loss or damage of U.S. agricultural exports. H.R. 8467 would reauthorize direct credits or export credit guarantees for the promotion of agricultural exports to emerging markets of not less than $1 billion annually through FY2029. The bill would repeal the prohibition of MAP funding to assist mink trade associations.
H.R. 8467 would require USDA to define the term common name for agricultural products and require USDA, in coordination with the Office of the U.S. Trade Representative, to negotiate U.S. rights to use common names for agricultural products in foreign markets. The bill would establish an interagency working group focused on the trade of seasonal and perishable fruits and vegetables and an interagency task force for agricultural trade enforcement. H.R. 8467 would require USDA to adjust the annual tobacco TRQ based on U.S. production and needs. The bill would require the Government Accountability Office (GAO) to submit a report to Congress with policy options available for USDA to support the competitiveness of U.S. shrimp and seafood producers in domestic and global markets.
Side-by-Side Comparison
Trade
Subtitle A – Food for Peace Act Subtitle B – Agricultural Trade Act of 1978 Subtitle C – Other Agricultural Trade Laws
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The bill’s nutrition title would amend a variety of aspects of the Supplemental Nutrition Assistance Program (SNAP) and related nutrition assistance programs (Table 5). While the nutrition title contains nearly all of the policies related to programs administered by USDA’s Food and Nutrition Service (FNS), the bill’s miscellaneous title (Title XII) also includes two major policy changes to SNAP and school meals programs (provisions are summarized here but described in detail within Table 5 and Table 13). The bill generally would reauthorize SNAP and related programs for five years through the end of FY2029. The summary, below, highlights some but not all of the Title IV provisions.
H.R. 8467 would make amendments to SNAP eligibility and benefit calculation. It would exclude income earned by older youth (21 years of age and under as opposed to current law exclusion of 17 years and under) and income earned from a SNAP Employment and Training program (as well as additional specified workforce development programs). The workforce program income would be excluded from resources. The bill would raise the earned income deduction, further reducing the extent to which wages or self-employment income could reduce SNAP benefits. The bill would repeal the 1996 policy disqualifying individuals convicted of a drug-related felony from receiving SNAP. It would codify a demonstration project to streamline access to SNAP for seniors and disabled participants without earned income. The bill would not change eligibility rules for students in higher education but would require USDA to issue guidance regarding outreach to certain students who are likely to qualify. Maximum monthly SNAP benefit allotments are tied to the cost of purchasing a nutritionally adequate, low-cost diet as measured by the USDA-created and -calculated Thrifty Food Plan (TFP). The 2018 farm bill required a reevaluation of the TFP’s contents every five years. A provision in Title XII (miscellaneous title, §12401), among other changes, would amend reevaluation of the TFP, no longer making reevaluations mandatory and adding constraints that would prevent USDA from reevaluating the market basket in a way that exceeds the cost of inflation.
The bill includes changes to state administration of the program. Current law limits SNAP certification functions to state employees, but the bill would give states authority to contract out SNAP eligibility and referral functions under certain circumstances. The bill would provide further specifications to the National Accuracy Clearinghouse, the data system designed to identify and flag concurrent enrollment in multiple states, and require USDA to withdraw and reissue regulations. For instances when states establish and collect claims against recipients for committing fraud, the bill would increase the percentage of recovered funds states retain. The bill would eliminate the quality control system’s error tolerance threshold, making all errors, regardless of magnitude, count in the state and national payment error rates. The bill would no longer require states to data-match with the National Directory of New Hires for wage data information.
The bill proposes changes to the Electronic Benefits Transfer (EBT) and retailer policy. The bill would make permanent a bar on EBT fees for switching or routing SNAP benefits. It would prohibit store owners who are SNAP recipients from using their benefits at the stores they own. The bill would make administrative processes around retailer penalties more extensive, providing more protections to penalized retailers. With regard to tracking and potential theft of SNAP
Side-by-Side Comparison
Nutrition
Subtitle A – Supplemental Nutrition Assistance Program (SNAP) Subtitle B – Commodity Distribution Programs Subtitle C – Miscellaneous
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benefits, the bill would require state agencies to review and possibly suspend cards that have been used exclusively for out-of-state purchases in a 90-day period.
The bill amends grants that are related to SNAP, such as nutrition education, bonus incentives, and territory programs in lieu of SNAP. The bill would make a number of changes to SNAP’s nutrition education program (SNAP-Ed, formally the Nutrition Education and Obesity Prevention Grant Program), including changes to program funding. It would also require relevant agencies to issue recommendations on unifying SNAP-Ed with the Expanded Food and Nutrition Education Program (a National Institute of Food and Agriculture [NIFA] administered nutrition education program). For Puerto Rico and American Samoa’s nutrition assistance block grants, the bill would increase annual mandatory funding by increasing base funding in FY2025 by approximately $103 million over the FY2024 level.
The Gus Schumacher Nutrition Incentive Program (GusNIP) makes competitive grants for projects that incentivize SNAP purchases of fruits and vegetables or provide produce prescriptions for those with diet-related disease. H.R. 8467 would increase funding for the project grants by $19 million annually, reduce funds by $3 million annually for a related technical assistance center, and enable projects to provide all forms of fruits and vegetables (not limited to fresh). The bill would require steps toward moving GusNIP’s Produce Prescription Program from USDA to the U.S. Department of Health and Human Services (HHS) and sunset the produce prescription grants at the end of FY2029. For the Healthy Fluid Milk Incentives Projects, which incentivize certain SNAP purchases of milk, the bill would increase the authorization of discretionary funding, add mandatory funding ($5 million per year), and expand the types of milk available for incentives.
The bill would require new studies related to SNAP, including a biennial study of SNAP purchases, a report on the food security and diet quality of SNAP participants and nonparticipants, and a study of the hot foods prohibition to inform a potential pilot program to allow hot foods.
The nutrition title of H.R. 8467 would reauthorize and amend the nutrition assistance programs that distribute USDA foods to low-income households.
With regard to tribal organizations’ operation of the Food Distribution Program on Indian Reservations (FDPIR) and the Commodity Supplemental Food Program (CSFP), the bill proposes FDPIR authority that would broaden the functions available for tribal self-determination contracts beyond the current limited demonstration project and would add new authority allowing tribal organizations under a self-determination contract to purchase CSFP foods instead of using USDA commodities. Relatedly, the bill would create a USDA office to administer tribal self- determination contracts. For CSFP in general, the bill would exclude some social security income from counting toward income eligibility and would authorize a competitive grant pilot program for home delivery projects.
The bill would increase the Emergency Food Assistance Program (TEFAP) funding by $5 million (adjusted annually for inflation) and create a new option for Alaska, Hawaii, and certain U.S. territories to receive cash instead of USDA-purchased foods. It also would reauthorize and increase annual funding by $2 million for TEFAP Farm to Food Bank Projects.
For CSFP, FDPIR, and TEFAP, the bill would require USDA to create nutrition guidelines in regulation.
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The bill also would establish a new food box pilot program drawing from aspects of the Coronavirus Disease 2019 (COVID-19) pandemic-era Farmers to Families Food Box Program. The pilot would be run through the Agricultural Marketing Service and receive a total of $200 million in mandatory funding.
For Community Food Projects grants, H.R. 8467 would increase mandatory funding to $10 million per year. The bill would increase annual mandatory funding by $2 million for the Senior Farmers’ Market Nutrition Program and expand the list of eligible items to include maple syrup. In terms of the school meals programs (National School Lunch Program and School Breakfast Program), the bill would change Buy American requirements (e.g., codifying a 5% cap on nondomestic purchases). In Title XII (miscellaneous title, §12403), the bill would expand the varieties of milk a school may serve. Both school meals provisions propose related limits on purchases from China.
Title V of H.R. 8467 would make changes to programs designed to increase access to agricultural credit, including USDA’s FSA, the Farm Credit System (FCS), and Farmer Mac (Table 6). FSA is a small but important direct lender for family-sized farms that do not qualify for credit elsewhere at reasonable rates. FSA also provides credit guarantees on some loans that are made by other lenders. Although FSA has a small share of the market compared with other lenders, it is an important lender for certain segments of the agriculture industry, such as beginning farmers and ranchers and socially disadvantaged farmers and ranchers. FCS is a private, cooperative lender with a federal charter and a statutory mandate to serve creditworthy farmers, ranchers and aquatic producers, and certain agribusinesses, cooperatives, and rural homeowners. As a government- sponsored enterprise (GSE), FCS has tax advantages and lower costs of funds and helps assure credit availability across rural areas. Another GSE for farm loans is Farmer Mac, a privately held secondary market for agricultural loans separate from FCS.22
H.R. 8467 would reauthorize appropriations and make several changes to the provisions in the Consolidated Farm and Rural Development Act that authorize the USDA farm loan programs (7 U.S.C. §§1921 et seq.). It would also modify the Farm Credit Act that governs FCS (12 U.S.C. §§2001 et seq.) and reauthorize appropriations for the State Agricultural Loan Mediation Program (7 U.S.C. §§5101 et seq.).
H.R. 8467 would increase the maximum loan amounts for individuals who barrow from USDA farm loan programs. For direct microloans, the maximum loan would increase from $50,000 to $100,000. For direct farm ownership loans, it would increase from $600,000 to $850,000. For direct operating loans, it would increase from $400,000 to $750,000. For guaranteed loans, it would increase from $1.75 million, adjusted for inflation after 2019, to $3 million or $3.5 million for combinations of guaranteed loans, adjusted for inflation after 2025. The bill would eliminate the separate limit on down payment loans. These increased limits follow inflation in land prices and input costs since the last increases in 2018. For
22 CRS Report R46768, Agricultural Credit: Institutions and Issues.
Side-by-Side Comparison
Credit
Subtitle A – Farm Ownership Loans Subtitle B – Farm Operating Loans Subtitle C – Emergency Loans Subtitle D – Administrative Provisions Subtitle E – Miscellaneous, Farm Credit System Subtitle E – Miscellaneous, Farm Service Agency Subtitle E – Miscellaneous, Technical Corrections
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eligibility, H.R. 8467 would reduce a three-year experience requirement to two years and give USDA authority to determine other training or services that could qualify. The bill would let USDA define qualified operators as entities that could be eligible for loans, in recognition of evolving business arrangements for family farming. For the Heirs Property Relending Program, H.R. 8467 would authorize new grants, subject to appropriation, for nonprofit organizations to provide legal services to heirs to resolve title issues.
H.R. 8467 would permit FCS to make loans for essential community facilities, provided that FCS offers a loan participation opportunity to local rural community banks. For CoBank, the FCS lender for cooperatives, the bill would expand the limit on financing agricultural exports from 50% of CoBank’s capital to 15% of its assets.23 It would expand the definition of rural for financing water and waste disposal systems from cities with up to 20,000 people to areas with up to 50,000 people. It would also exclude FCS from a Consumer Financial Protection Bureau regulation to collect demographic information from borrowers; instead, it would institute voluntary borrower reporting within FCS.
For Farmer Mac, H.R. 8467 would expand qualified loans to include the guaranteed portion of Rural Energy for America Program loans.
The rural development title of H.R. 8467 would address rural development policies, including rural health care, broadband deployment, business development, infrastructure development, precision agriculture, and rural child care (Table 7). It would extend authorization of appropriations for many of USDA’s Rural Development (RD) programs through FY2029.
H.R. 8467 would extend through FY2026 a prioritization of funding across certain USDA RD grant and loan programs for applications that address substance use disorder prevention, treatment, and recovery. The bill also would expand priority funding to include applications that provide mental health, behavioral health, and maternal health services. The bill would direct the rural health liaison to coordinate with the National Institute of Food and Agriculture to implement the Farm and Ranch Stress Assistance Network. In addition, the bill would allow eligible health care facilities to use funding from certain RD loan programs to refinance their debt; current law limits such funding to use by rural hospitals only.
H.R. 8467 would combine the Rural Broadband Program with the ReConnect Pilot Program and name it the ReConnect Rural Broadband Program. The bill would authorize the new program to make grants, loans, and loan guarantees to deploy broadband service to rural communities. It
23 At the end of 2022, CoBank had nearly $12.9 billion of capital and $189 billion of assets (see CoBank, United by Mission: 2022 Annual Report, pp. 35, 138). These amounts would allow export loans up to nearly $6.5 billion under current law and about $28 billion under H.R. 8467.
Side-by-Side Comparison
Rural Development
Subtitle A – Improving Health Outcomes in Rural America Subtitle B – Connecting Rural Americans to High- Speed Broadband Subtitle C – Miscellaneous Subtitle D – Additional Amendments to the Consolidated Farm and Rural Development Act Subtitle E – Additional Amendments to the Rural Electrification Act of 1936
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would set eligible service areas to be areas with households that do not have broadband service at speeds of at least 25/3 megabits per second (Mbps). The bill would set the broadband buildout speed for the Community Connect Grant program to be five times the minimum broadband speed, which is set at 50/25 Mbps.
H.R. 8467 would authorize USDA to issue business and industry guaranteed loans for startup or expansion projects that increase the U.S. food supply chain capacity, including the aggregation, processing, manufacturing, storing, and distribution of food, agricultural products, or agricultural inputs. The bill would increase the cap on the maximum loan from $25 million to $40 million and authorize USDA to make grants to enhance meat processing and rendering capacity.
H.R. 8467 would amend the Rural Energy Savings Program to allow grants in addition to loans. It would allow loans for manufactured homes and large appliance replacements if the loans would result in cost-effective energy savings.
The bill would authorize USDA to modify or waive some requirements for certain USDA water and waste disposal programs for distressed rural communities. The bill also would allow USDA to make 0% or 1% interest loans, forgive the principal or interest or modify terms of new or existing loans, or waive any required fees for eligible rural communities.
The bill would amend the Rural Decentralized Water System Program to increase the income threshold for an eligible individual and the maximum subgrant and loan amounts. It would allow funding to be used for water quality testing for individual water wells and technical assistance to help eligible individuals install or replace household water systems, interpret water test results, and address groundwater contamination. It would set loan interest rates at 1% and terms of no more than 20 years.
The bill would authorize USDA to issue loans and insure loans to expand the adoption of precision agriculture technology to promote best practices, reduce costs to producers, and improve the environment. The bill would require USDA to develop standards, guidelines, and best practices for precision agriculture.
The bill would authorize the Expanding Childcare in Rural America Initiative to prioritize funding for certain USDA RD loan and grant programs for rural child care projects through FY2027.
USDA is authorized under four principal laws to conduct agricultural research at the federal level and to provide support for cooperative research, extension, and postsecondary agricultural education programs in the states through formula funds and competitive grants to land-grant universities. H.R. 8467 would reauthorize funding for these activities through FY2029, subject to annual appropriations (Table 8).
H.R. 8467 would amend extension and agricultural research at 1890 land-grant colleges by increasing the minimum appropriations for extension and research activities and would require state governors to provide to USDA annual attestations on their ability to meet state matching
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fund requirements. The bill would reauthorize and expand several key initiatives, including competitive grants for tribal students, partnerships for international agricultural research, and programs supporting canola and industrial hemp crops.
H.R. 8467 would designate several new research areas in the High-Priority Research and Extension program, including fertilizer and nutrient management, tropical plant health, biochar, wildlife smoke exposure, invasive species, microplastics and polyfluoroalkyl substances (PFAS) on farmland, agricultural byproducts, soil health, white oak, alternative growing media research, rangeland, and specialty crop mechanization. H.R. 8467 would expand the Agriculture and Food Research Initiative focus areas to include controlled environment agriculture production technologies.
H.R. 8467 would amend the membership composition of the National Agricultural Research, Extension, Education, and Economics Advisory Board to include a member representing industry, consumer, or rural interests of insular areas. The bill would establish criteria for determining veterinarian shortage situations under the Veterinary Medicine Loan Repayment Program and mandate USDA to create a more streamlined application procedure within one year. The bill would enhance the Veterinary Services Grant Program by adding a definition of rural area and broadening the scope and terms of the grants, alongside implementing a more streamlined application process within one year.
H.R.8467 would establish a commission to modernize and streamline the National Agricultural Statistics Service and would create the Agricultural Innovation Corps to promote technology transfer. It would direct USDA to establish memoranda of understanding with the U.S. Department of Energy and the National Science Foundation for joint research efforts and reporting on these efforts within two years. The bill also would address biosecurity in agriculture by broadening the scope of the Agriculture and Food Protection Grant Program to include cybersecurity and bioterrorism.
Similar to previous farm bills, the forestry title (Title VIII) in H.R. 8467 includes provisions related to forestry research and would establish, modify, or repeal several programs to provide financial and technical assistance to nonfederal forest landowners (Table 9). The forestry title includes provisions addressing management of the National Forest System (NFS) lands managed by USDA’s Forest Service (FS) and the lands managed by the Bureau of Land Management (BLM) and the National Park Service (NPS) in the U.S. Department of the Interior.
H.R. 8467 would reauthorize and amend several forestry assistance programs set to expire at the end of FY2024, such as the Landscape Scale Restoration Program, the Wood Innovations Grant Program, and the Community Wood Grant Program. H.R. 8467 would establish new programs related to biochar, nurseries and seed orchards, and white oak restoration and regeneration, among others. The bill would modify some existing assistance and research programs, such as expanding the authorization for agroforestry centers and reforming forest inventory and analysis practices.
Side-by-Side Comparison
Research, Extension, Related Matters
Subtitle A – National Agricultural Research, Extension, and Teaching Policy Act of 1977 Subtitle B – Food, Agriculture, Conservation, and Trade Act of 1990 Subtitle C – Agriculture, Research, Extension, and Education Reform Act of 1998 Subtitle D – Food, Conservation, and Energy Act of 2008 Subtitle E – Amendments to Other Laws Subtitle F – Other Matters
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H.R. 8467 addresses issues related to wildfire, insect, and disease risk. The bill would expand the definition of eligible communities for the purposes of the Healthy Forests Restoration Act24 and expand and/or reauthorize authorities for collaborative, cross-boundary land management, such as the stewardship contracting authority, Collaborative Forest Landscape Restoration Program, and Good Neighbor authority. The bill would reauthorize appropriations for hazardous fuels reduction projects and insect and disease assessments through FY2029. The bill would provide expanded authorities and direction for the use of prescribed fire on federal lands, including expanding the role of Indian tribes (as defined at 25 U.S.C. §5304) in managing such prescribed burns. The bill also would create new authorities and provide support for activities to address risks to giant sequoias.
The forestry title of H.R. 8467 would create or expand categorical exclusions, which are exemptions from the requirement to create an environmental assessment or environmental impact statement under the National Environmental Policy Act (NEPA).25 The bill would establish new categorical exclusions for hazard trees and vegetation management in electrical transmission and distribution rights-of-way and expand several existing categorical exclusions, such as those related to hazardous fuels reduction and restoration of sage-grouse and mule deer habitat. The bill also would address consultation requirements under the Endangered Species Act and exempt applications for communications special uses on NFS lands from the provisions of NEPA.26
H.R. 8467 would expand the authority of tribes to perform specified forest management activities. The bill would reauthorize and expand authorities to convey and lease NFS lands, such as authorizing leases for multifamily housing and providing for consideration in the form of services by lessees. The bill would reauthorize two watershed protection programs on NFS lands. The bill also would allow the waiving of special use authorization fees for specified groups and make permanent a pilot program for forest botanical products. Other provisions relate to hiring authority, volunteers, advisory committees, and reporting requirements for FS.
The energy title focuses on renewable energy, agricultural-related energy, energy efficiency, energy initiatives for rural areas, and biobased products, among other areas.27 The 2018 farm bill energy title contains 12 initiatives centered, in part, on the education, production, installation, promotion, and research and development of energy stemming from or applicable to agricultural areas.28 Most energy title programs receive five-year authorization without baseline funding and expire without reauthorization.29 Certain programs receive mandatory funding authority,
24 P.L. 108-148 as amended, 16 U.S.C. §§6501 et seq.
25 National Environmental Policy Act (P.L. 91-190 as amended, 42 U.S.C. §4321 et seq.). Categorical exclusions are defined in regulation at 40 C.F.R. §1508.1
26 P.L. 93-205 as amended, 16 U.S.C. §§1531 et seq.
27 7 U.S.C. Ch. 107.
28 For more information, see CRS In Focus IF10288, Overview of the 2018 Farm Bill Energy Title Programs.
29 For more information, see CRS Report R45943, The Farm Bill Energy Title: An Overview and Funding History.
Side-by-Side Comparison
Forestry
Subtitle A – Cooperative Forestry Assistance Act of 1978 Subtitle B – Healthy Forests Restoration Act of 2003 Subtitle C – Other Forestry Programs Subtitle D – Forest Management Subtitle E – Save Our Sequoias Subtitle F – Other Matters Subtitle G – White Oak Resilience
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including the Rural Energy for America Program (REAP), which does not expire with the 2018 farm bill.
H.R. 8467 would reauthorize most of the energy title programs and make modifications to selected programs (Table 10). Under the Biobased Markets Program, also known as the BioPreferred program, procuring agencies would be required to submit to both USDA and the Office of Federal Procurement Policy an annual report detailing actions the procuring agency has taken to establish and implement a biobased procurement program, the categories of biobased products that are unavailable to meet the procurement needs of the procuring agency, and the desired performance characteristics for said products, among other things. For the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, the bill would allow USDA to waive the demonstration of commercial viability when approving a loan guarantee application for the program. The bill would require a technical review agreement between USDA and the project applicant that outlines certain objectives, outcomes, and conditions for USDA to determine the successful technical feasibility for the project. For REAP, the bill would amend the selection criteria to receive a grant and the award considerations to receive a loan guarantee or a grant to include the potential of the proposed program to meaningfully improve the financial conditions of agricultural producers or rural small businesses. The bill would repeal two programs: the Biodiesel Fuel Education Program and the Carbon Utilization and Biogas Education Program.
H.R. 8467, in contrast to previous farm bills, would emphasize solar energy. The bill would require USDA to analyze the economic effects of solar panel installations on certain farmland, assess the impacts of shared solar energy and agricultural production on farmland, and assess the types of agricultural lands best suited and worst suited for shared solar energy and agricultural production, among other things. USDA would be required to submit a report to Congress on the study findings and recommendations. The bill would prohibit USDA from providing financial assistance for a project that would result in the conversion of farmland for solar energy production. Three exceptions to this prohibition would be permitted: projects converting less than five acres; projects converting less than 50 acres, with the majority of the energy produced used for on-farm use; and projects receiving approval or support from the county and municipality where the project is located. The bill would prohibit USDA from providing financial assistance for projects that procure solar energy components produced, manufactured, or assembled in a foreign country of concern; by an entity domiciled or controlled by a country of concern; or by a foreign entity of concern.30
The bill supports the development of sustainable aviation fuel (SAF) and would modify the definition of advanced biofuel to include SAF. H.R. 8467 would require USDA to establish a department-wide strategy to advance the production of SAF that would (1) facilitate the collaboration between relevant mission areas to encourage the advancement of the SAF supply chain; (2) identify opportunities to maximize SAF development, deployment, and commercialization; (3) leverage the capabilities of America’s farmers and others to capture opportunities in the SAF market; (4) support rural economic development through SAF production; and (5) promote public-private partnerships for the development, deployment, and commercialization of SAF.
30 As defined by 42 U.S.C. §19237.
Side-by-Side Comparison
Energy
The energy title of H.R. 8467, as ordered reported to the House, does not include subtitles.
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Title X of H.R. 8467 would reauthorize many of the existing farm bill provisions supporting farming operations in the specialty crop sector, certified organic agriculture, local and urban foods sectors, and hemp cultivation. These provisions cover several programs and policies benefitting these sectors, including block grants to states, support for farmers’ markets, data and information collection, education on food safety and biotechnology, organic certification, and other market development and regulatory initiatives. Provisions affecting the specialty crop and certified organic sectors are also contained within other bill titles, including in the research, nutrition, trade, and crop insurance titles.
H.R. 8467 would increase available funding levels for certain specialty crop programs, including block grants to states and cooperative agreements for plant pest and disease management. The bill would increase available funding in the research title to address the development of mechanization and automation technologies for specialty crops. H.R. 8467 would maintain support and existing funding levels for certified organic agriculture and certain local and urban agriculture programs. The bill would establish an Office of Biotechnology Policy to coordinate USDA policies and activities related to biotechnology and create a pilot program for the intraorganizational movement of genetically engineered microorganisms.
H.R. 8467 would add new and modify existing statutory definitions related to hemp cultivation and its products and make changes to how hemp is regulated. It would add a new statutory definition of industrial hemp to mean hemp grown for fiber or for the “whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant,” among other related changes. The bill would relax certain regulatory requirements for producers of industrial hemp only, including reducing or eliminating testing requirements and background checks and taking steps to eliminate the existing 10-year period of ineligibility following the date of conviction for a felony related to a controlled substance. H.R. 8467 would redefine the existing statutory definition of hemp (§1639o) by removing language basing the legal limits for hemp on its delta-9-tetrahydrocannabinol (THC) concentration and instead would base the definition on hemp’s “total tetrahydrocannabinol (including tetrahydrocannabinol acid [THCA]) concentration.” Other statutory language regarding hemp “derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not” would remain unchanged. H.R. 8467 (as amended) specifies that hemp would exclude non-naturally occurring synthetic and intoxicating products (i.e., allows only naturally occurring or derived nonintoxicating products). It does not define intoxicating but would prohibit hemp cannabinoid products with “quantifiable amounts” of total THC (including THCA) or any other cannabinoids that have (or are marketed to have) “similar effects on humans or animals” as THC as determined by USDA. The bill would add a definition of a hemp cannabinoid product that would exclude industrial hemp.
The bill would amend regulatory requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. §§136 et seq.) and other federal statutes. For example, H.R. 8467 would amend FIFRA to exclude certain plant biostimulants from the reach of the statute and exempt certain plant-incorporated protectants from the requirements of the statute. H.R. 8467 also would amend FIFRA to require additional coordination among the U.S. Environmental
Side-by-Side Comparison
Horticulture, Marketing, Regulatory
Reform
Subtitle A – Horticulture Subtitle B – Marketing Subtitle C – Regulatory Reform, Part I – Federal Insecticide, Fungicide, and Rodenticide Act Subtitle C – Regulatory Reform, Part II – Other Regulatory Reform Provisions
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Protection Agency (EPA) and other federal agencies on the process of evaluating pesticide registrations and determining what restrictions may be warranted, including compliance with the Endangered Species Act of 1973 (ESA, 16 U.S.C. §§ 1531 et seq.). H.R. 8467 would require FIFRA’s preemption provision to be applied to require uniform pesticide labeling nationwide and would prohibit any pesticide labeling or packaging requirements in addition to or different from those approved by EPA pursuant to FIFRA. It would prohibit EPA from taking any action or approving pesticide labeling that is inconsistent with the conclusions of human health assessments or carcinogenicity classifications performed pursuant to FIFRA and prohibit political subdivisions of states from regulating any pesticides that are subject to regulation by EPA or a state pursuant to FIFRA. H.R. 8467 would further amend FIFRA to provide that, notwithstanding any other law, the use, application, or discharge of a registered pesticide consistent with its approved labeling shall be permitted and considered lawful.
The Federal Crop Insurance Program (FCIP) offers subsidized crop insurance policies that producers can purchase for a wide variety of crops and livestock. Policies pay indemnities for yield and revenue losses from adverse growing and market conditions, including natural disasters. The Federal Crop Insurance Corporation (FCIC), a government corporation within USDA, pays part of the premium (about 61% on average in crop year 2023), and policyholders—farmers and ranchers—pay the balance. Private insurance companies, known as “approved insurance providers” (AIPs), sell and service the policies in return for administrative and operating (A&O) subsidies from the FCIC. The FCIC also reinsures a portion of AIPs’ underwriting risk as specified in a mutually negotiated standard reinsurance agreement. USDA’s Risk Management Agency administers the FCIP.
H.R. 8467 proposes multiple changes to the FCIP with implications for policyholders, AIPs, and/or USDA (Table 12), including the following:
The bill would modify the definitions of beginning and veteran farmers and ranchers and increase premium subsidies available for these individuals. The bill would exempt some individuals from beneficial ownership interest reporting requirements.
The bill would increase A&O subsidies in states and years with relatively high losses, provide additional funds for 2022-2024 reinsurance years specialty crop A&O subsidies, increase A&O subsidy rates starting in the 2025 reinsurance year for specialty crop policies, and require USDA to annually adjust caps limiting A&O subsidy payments on certain policies. The bill would impose new requirements on and grant AIPs additional recourse from USDA’s procedures to notify AIPs about errors, omissions, and failures to follow regulations or procedures. The bill would authorize AIPs to charge certain late fees to delinquent policyholders.
The bill would expand Supplemental Coverage Option (SCO) coverage and increase SCO premium subsidies from 65% to 80%. The bill also would retain the prohibition on simultaneous
Side-by-Side Comparison
Crop Insurance
The crop insurance title of H.R. 8467, as ordered reported to the House, does not include subtitles.
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purchase of SCO coverage and enrollment in the ARC program. It also would retain the prohibition on simultaneous purchase of a Stacked Income Protection Plan and enrollment in either the ARC or PLC program. The bill would shift these prohibitions from the code authorizing the FCIP to the code authorizing the ARC and PLC programs (See “Title I, Commodities”).
H.R. 8467 would increase the maximum possible coverage levels for whole farm policies from 85% to 90% and require USDA to reevaluate the Whole Farm Revenue Protection coverage available for certain commodities. The bill would require USDA to offer revenue insurance for certain sugar beet losses, to conduct a pilot project to study the effects of late planting on irrigation water use in the Ogallala Aquifer, and to conduct research to develop coverage options for new priority areas.
H.R. 8467 would require USDA to periodically evaluate the actuarial performance of products approved under the 508(h) process and modify certain rules that apply to private sector submissions under the 508(h) process.31 The bill would establish a specialty crop advisory committee, clarify the FCIC’s authority to provide yield and revenue coverage, and increase funding for program compliance and integrity activities.
The miscellaneous title of H.R. 8467 covers a variety of unrelated matters across four subtitles (Table 13).
In the livestock subtitle, H.R. 8467 would increase mandatory funding and provide additional appropriations authority for the National Animal Health Laboratory Network, the National Animal Disease Preparedness and Response Program, and the National Animal Vaccine and Veterinary Countermeasures Bank. The bill would require USDA to evaluate the Cattle Fever Tick Eradication Program and report on USDA support for livestock and poultry operations during animal disease outbreaks. The bill would provide grants to the sheep industry, create a dog detection training center, and expand and transfer existing Animal Welfare Act authorities on dog importation to the Animal Health Protection Act (7 U.S.C. §§8301 et seq.). In addition, H.R. 8467 would restrict a state from enacting and enforcing production standards on livestock products not produced in the state.
H.R. 8467 would allow livestock marketing agencies to hold an ownership interest in meat processing facilities. It would require USDA to provide guidance on Hazard Analysis and Critical Control Point plans to small and very small meat processors and to conduct outreach for the Food Safety and Inspection Service Cooperative Interstate Shipping Program. H.R. 8467 would
31 The private sector can propose new types of Federal Crop Insurance Program (FCIP) policies and coverages as authorized under 7 U.S.C. §1508(h) (known as “508(h) submissions”). For additional background, see CRS Report R46686, Federal Crop Insurance: A Primer.
Side-by-Side Comparison
Miscellaneous
Subtitle A – Livestock and Other Animals, Part 1 – Animal Health and Production Subtitle A – Livestock and Other Animals, Part 2 – Meat and Poultry Processing and Inspection Subtitle B – Department of Agriculture Reorganization Act of 1994 Subtitle C – National Security Subtitle D – Other Miscellaneous Provisions
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establish a pilot program to allow custom slaughter facilities that are exempt from inspection to sell meat and poultry products directly to consumers.
H.R. 8467 would amend various authorities of several USDA agencies, including the Office of Homeland Security, FSA, and the National Appeals Division. It would also create the Office of the Ombudsman to handle civil rights matters.
H.R. 8467 would amend the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA; P.L. 95-460) to require USDA to provide information on foreign ownership of agricultural land to the Committee on Foreign Investment in the United States, create an office to monitor AFIDA compliance, provide annual reports to Congress, and establish an electronic database of land registrations by foreign owners.
H.R. 8467 would amend the processes for updating the TFP, the basis for SNAP’s monthly benefit amounts. It would allow schools participating in the National School Lunch Program to serve whole and other currently disallowed varieties of milk (see “Title IV, Nutrition”). The bill also would amend the scope, process, and required timeline for the publication of the Dietary Guidelines for Americans.
In addition, H.R. 8467 would include several USDA reporting requirements covering USDA personnel, land access and land ownership, Texas economic losses due to the failure of Mexico to deliver water, a farm labor survey, information on energy efficient pumping systems, and the effectiveness of the Animal Welfare Act standards for companion animals, as well as a GAO report on child labor. The bill would reauthorize funding for emergency shelter options for domestic violence survivors with pets. H.R. 8467 would combine three fiber trust funds (pima cotton, wool apparel, and wool promotion and research) into one trust fund for FY2025-FY2029. The bill also would require USDA to provide guidance on the process for importers to obtain information on why imported products were detained or denied entry under the Lacey Act (16 U.S.C. §§3371-3378).
The tables below provide side-by-side comparisons of each section included in H.R. 8467 and how they would amend the respective provision in current law. The headings of each row of the left column reflect the subject or title of each section in the U.S. Code.32 If a provision in H.R. 8467 addresses a topic not currently covered under existing law, the left column will read “no comparable provision.” The table is organized in the order of the sections as they appear in H.R. 8467. As of the writing of this report, an amended version of H.R. 8467, as ordered reported, has not been published. CRS relied on the introduced bill and adopted amendment text published by the House Committee on Agriculture.33
32 Most headings are written as they appear in the U.S. Code. Some headings are paraphrased for clarity.
33 See U.S. House of Representatives Committee Repository, “H.R. 8467 (118th Congress), The Farm, Food, and National Security Act of 2024,” at https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventId=117371.
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Table 2. Title I, Commodities
Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Subtitle A – Commodity Policy
Definition of base acres. Defines base acres for the purposes of the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) programs as the base acres in effect on September 30, 2013, subject to reallocations, adjustments, and reductions authorized in the 2014 farm bill. (7 U.S.C. §9011(4)(A))
Defines base acres as those in effect on September 30, 2024. (§1101(1))
Definition of reference prices. Defines reference prices for covered commodities for the purposes of the ARC and PLC programs as
Defines reference prices as
• Wheat, $5.50 per bushel,
• Corn, $3.70 per bushel,
• Grain sorghum, $3.95 per bushel,
• Barley, $4.95 per bushel,
• Oats, $2.40 per bushel,
• Long grain rice, $14.00 per hundredweight,
• Medium grain rice, $14.00 per hundredweight,
• Soybeans, $8.40 per bushel,
• Other oilseeds, $20.15 per hundredweight,
• Peanuts, $535.00 per ton,
• Dry peas, $11.00 per hundredweight,
• Lentils, $19.97 per hundredweight,
• Small chickpeas, $19.04 per hundredweight,
• Large chickpeas, $21.54 per hundredweight, and
• Seed cotton, $0.367 per pound.
(7 U.S.C. §9011(19))
• Wheat, $6.35 per bushel,
• Corn, $4.10 per bushel,
• Grain sorghum, $4.40 per bushel,
• Barley, $5.45 per bushel,
• Oats, $2.65 per bushel,
• Long grain rice, $16.90 per hundredweight,
• Medium grain rice, $16.90 per hundredweight,
• Soybeans, $10.00 per bushel,
• Other oilseeds, $23.75 per hundredweight,
• Peanuts, $630.00 per ton,
• Dry peas, $13.10 per hundredweight,
• Lentils, $23.75 per hundredweight,
• Small chickpeas, $22.65 per hundredweight,
• Large chickpeas, $25.65 per hundredweight, and
• Seed cotton, $0.42 per pound.
(§1101(2))
Base acre retention or one-time reallocation. Provides producers a one-time option to reallocate base acre holdings excluding generic base acres. If elected, requires USDA to reallocate base acres in proportion to average 2009-2012 crop year plantings of covered commodities. (7 U.S.C. §9012(a))
Provides eligible producers a one-time option to expand base acre holdings. If elected, requires USDA to provide new base acres in proportion to average 2019- 2023 crop year plantings of eligible covered and noncovered commodities and to allocate new base acres in proportion to average 2019-2023 crop year plantings of covered commodities. (§1102)
No comparable provision. Defines farms as eligible to receive new base acres if (1) the farm’s base acre holdings in effect as of September 30, 2024, are less than the farm’s five-year average sum, and (2) the average for the 2019-2023 crop years of total acres planted or prevented from planting to covered commodities is greater than zero. Defines the farm’s five-year average sum as the average for the 2019- 2023 crop years of the total acres planted or prevented from planting to covered commodities and the total acres planted or prevented from planting to certain noncovered commodities capped at 15% of total farm acres. (§1102(1))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Treatment of generic and unassigned base acres. Prohibits reallocation of generic base acres to a covered commodity in conjunction with the one-time reallocation authorized by the 2014 farm bill (P.L. 113- 79). Requires reallocation of generic base acres to either seed cotton base acres or unassigned base acres no later than June 2018. (7 U.S.C. §9012(a)(2)(B); 7 U.S.C. §9014(b)(4))
Defines acres eligible for reallocation to include new base acres and unassigned base acres. (§1102(1))
Reallocation of base acres. Requires USDA to reallocate a farm’s base acres in proportion to the farm’s average 2009-2012 crop year plantings and prevented plantings of covered commodities. Limits a farm’s total base acre allocation to the farm’s total base acres in effect on September 30, 2013. (7 U.S.C. §9012(a)(3)(B); 7 U.S.C. §9012(a)(3)(F))
Requires USDA to reallocate a farm’s new and unassigned base acres in proportion to the farm’s average 2019-2023 crop year plantings and prevented plantings of covered commodities. Limits a farm’s total base acre allocation to the farm’s total acreage. (§1102(1), (2), and (3))
No comparable provision. Requires USDA to prorate farms’ eligible acres as needed to ensure that the total number of base acres allocated to all farms does not exceed 30,000,000. (§1102(1))
No comparable provision. For farms with previously established payment yields, requires USDA to set payment yields for new base acres equal to established payment yields. For farms without previously established payment yields, requires USDA to set payment yields equal to county average payment yields or in proportion to the payment yield of a similar farm as determined by USDA. (§1102(1))
No comparable provision. Requires USDA to use the planting history of previous farm owners when determining farm eligibility, calculating eligible base acres, and reallocating base acres for farms that had different owners for the 2019 crop year. (§1102(1))
Payments for farms entirely planted to grass or pasture. Prohibits making ARC or PLC payments for the 2019-2023 crop years for farms where all cropland was planted to grass or pasture between January 1, 2009, and December 31, 2017. (7 U.S.C. §9012(d)(3)(A))
Extends current law through the 2029 crop year. (§1102(4))
Election between ARC and PLC. For the 2014- 2024 crop years, requires eligible farms to elect between enrollment in the ARC and PLC programs, with limited opportunities to change elections. Beginning with the 2021 crop year, farms may change the election annually. (7 U.S.C. §9015(a); P.L. 118- 22)
Extends current law through crop year 2029. (§1103(1))
Unanimous election between ARC and PLC. In the case that all producers on a farm fail to make a unanimous election for the 2014 or 2019 crop year, enjoins USDA from making ARC or PLC payments for the 2014 or 2019 crop year, respectively, and requires USDA to deem the farm to have made the same election as was applicable for the 2015-2018 crop years. (7 U.S.C. §9015(c))
Enjoins USDA from making payments for the 2025 crop year and requires USDA to deem the farm to have made the same election as was applicable for the 2024 crop year for farms where all producers fail to make a unanimous election for the 2025 crop year. (§1103(2))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
PLC. Authorizes payments for the 2019-2024 crop years for covered commodities when the effective price is less than the effective reference price. (7 U.S.C. §9016(a)(2); P.L. 118-22)
Extends current law through crop year 2029. (§1104)
Provides payment rates for PLC payments. (7 U.S.C. §9016(c)(1)(B))
Extends current law through crop year 2029. (§1104(2))
ARC. Authorizes payments for the 2019-2024 crop years for covered commodities when the actual crop revenue is less than the guaranteed revenue. (7 U.S.C. §9017(a); P.L. 118-22)
Extends current law through crop year 2029. (§1105)
ARC guarantee. Sets the guarantee at 86% of benchmark revenue for the 2014-2024 crop years. (7 U.S.C. §9017(c)(1); P.L. 118-22)
Sets the guarantee at 90% of benchmark revenue for the 2025-2029 crop years. (§1105(2)(A))
Authorizes USDA to use alternative yields for certain ARC program calculations when triggered by actual yield conditions. (7 U.S.C. §9017(c)(4)(B); P.L. 118-22)
Extends current law through crop year 2029. (§1105(2)(C))
ARC maximum payment. Caps the maximum payment at 10% of benchmark revenue for the 2014- 2024 crop years. (7 U.S.C. §9017(d)(1)(B); P.L. 118-22)
Caps the maximum payment at 12.5% of benchmark revenue for the 2025-2029 crop years. (§1105(3))
Prohibition on simultaneous participation in ARC or PLC and purchase of certain policies offered through the Federal Crop Insurance Program (FCIP). Prohibits farmers enrolled in the ARC program from purchasing FCIP Supplemental Coverage Option policies. Prohibits farmers enrolled in either the ARC or PLC program from purchasing FCIP Stacked Income Protection Plan policies. (7 U.S.C. §1508(c)(4)(C)(iv); 7 U.S.C. §1508b(f))
Shifts the prohibitions from the authorizing language for the FCIP to the authorizing language for the ARC and PLC programs. (§11006)
Subtitle B – Marketing Loans
Nonrecourse marketing assistance loans. Authorizes loans for eligible commodities for the 2014- 2024 crop years. (7 U.S.C. §9031(b)(1); P.L. 118- 22)
Extends current law through crop year 2029. (§1201(a))
Loan rates. Sets marketing assistance loan rates for eligible commodities for the 2019-2024 crop years as
Sets marketing assistance loan rates for eligible commodities for the 2025-2029 crop years as
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
• Wheat, $3.38 per bushel,
• Corn, $2.20 per bushel,
• Grain sorghum, $2.20 per bushel,
• Barley, $2.50 per bushel,
• Oats, $2.00 per bushel,
• Upland cotton, an average of world prices for the previous two years, limited to between $0.45 per pound and $0.52 per pound,
• Extra long staple cotton, $0.95 per pound
• Long grain rice, $7.00 per hundredweight,
• Medium grain rice, $7.00 per hundredweight,
• Soybeans, $6.20 per bushel,
• Other oilseeds, $10.09 per hundredweight,
• Dry peas, $6.15 per hundredweight,
• Lentils, $13.00 per hundredweight,
• Small chickpeas, $10.00 per hundredweight,
• Large chickpeas, $14.00 per hundredweight,
• Graded wool, $1.15 per pound,
• Nongraded wool, $0.40 per pound,
• Mohair, $4.20 per pound,
• Honey, $0.69 per pound, and
• Peanuts, $355.00 per ton.
(7 U.S.C. §9032(b); P.L. 118-22)
• Wheat, $3.72 per bushel,
• Corn, $2.42 per bushel,
• Grain sorghum, $2.42 per bushel,
• Barley, $2.75 per bushel,
• Oats, $2.20 per bushel,
• Upland cotton, $0.55 per pound
• Extra long staple cotton, $1.00 per pound
• Long grain rice, $7.70 per hundredweight,
• Medium grain rice, $7.70 per hundredweight,
• Soybeans, $6.82 per bushel,
• Other oilseeds, $11.10 per hundredweight,
• Dry peas, $6.87 per hundredweight,
• Lentils, $14.30 per hundredweight,
• Small chickpeas, $11.00 per hundredweight,
• Large chickpeas, $15.40 per hundredweight,
• Graded wool, $1.60 per pound,
• Nongraded wool, $0.55 per pound,
• Mohair, $5.00 per pound,
• Honey, $1.50 per pound, and
• Peanuts, $390.00 per ton.
(§1201(b)(2) and (3))
Seed cotton. Sets the seed cotton loan rate at $0.25 per pound for the purposes of the ARC and PLC programs. (7 U.S.C. §9031(d))
Increases the seed cotton loan rate to $0.30 per pound and adds a new corn loan rate of $3.30 per bushel for the purposes of the ARC and PLC programs. (§1201(b)(4))
Loan repayment rates for upland cotton. Requires USDA to allow producers to repay upland cotton marketing assistance loans at the prevailing world market price when that value is less than the upland cotton loan rate. (7 U.S.C. §9034(b))
Adds an option for producers to repay upland cotton marketing assistance loans at the prevailing world market price as determined by an alternative calculation. Requires USDA to reimburse cotton producers for any differences between loan repayment rates and the lowest prevailing world market price for 30 days following the redemption of a cotton marketing assistance loan. (§1202)
Loan repayment rates for extra long staple cotton. Requires loan repayment at the extra long staple cotton loan rate plus interest. This requirement prevents producers from collecting marketing loan gains for extra long staple cotton. (7 U.S.C. §9034(c))
Requires USDA to allow producers to repay extra long staple cotton marketing assistance loans at the prevailing world market price when the value is less than the extra long staple cotton loan rate. This change allows extra long staple cotton to qualify for marketing loan gains if triggered by prevailing world market prices. (§1203(1))
Prevailing world market price. Requires USDA to calculate a prevailing world market price for upland cotton. (7 U.S.C. §9034(d))
Removes the requirement for USDA to calculate a prevailing world market price for upland cotton and requires USDA to calculate a prevailing world market price for extra long staple cotton. (§1203(2))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Adjustment of prevailing world market price for upland cotton, long grain rice, and medium grain rice. Requires USDA to adjust prevailing world market prices for upland cotton and rice. (7 U.S.C. §9034(e))
Requires USDA also to adjust prevailing world market prices for extra long staple cotton. (§1203(3))
Requires USDA to adjust prevailing world market prices for upland cotton and authorizes further adjustments until July 31, 2024. (7 U.S.C. §9034(e)(2))
Extends current law through July 31, 2030. (§1203(3))
No comparable provision. Extra long staple cotton. Requires USDA to adjust prevailing world market prices for extra long staple cotton and authorizes further adjustments until July 31, 2030. (§1203(3))
Payments for cotton storage. Authorizes USDA to make payments for cotton storage for crop years 2014- 2024 at the rates used for the 2006 cotton crop reduced by 10% (i.e., $3.933 per bale per month in California and Arizona and $2.394 per bale per month in all other states). (7 U.S.C. §9034(g); P.L. 118-22)
Authorizes USDA to make payments for cotton storage for crop years 2025-2029 at rates of $4.90 per bale per month in California and Arizona and $3.00 per bale per month in all other states. (§1204(3))
Payments for textile mills. Authorizes USDA to make monthly payments to U.S. textile mills of $0.03 per pound of upland cotton used. (7 U.S.C. §9037(c)(2))
Authorizes monthly payments to U.S. textile mills of $0.05 per pound of upland cotton used beginning August 1, 2024. (§1205)
Subtitle C – Sugar
Loan Rates. Sets the sugar loan rate at $0.1975 per pound for raw cane sugar and the refined beet sugar loan rate at 128.5% of the raw cane sugar rate, or $0.2538 per pound, through crop year 2024. (7 U.S.C. §7272(a) and (b); P.L. 118-22)
Sets the raw cane sugar loan rate at $0.24 per pound and the refined beet sugar loan rate at 136.55% of the raw cane sugar rate, or $0.3277 per pound, for crop years 2025-2029. (§1301)
Commodity Credit Corporation (CCC) storage payments. Establishes storage rates for forfeited refined sugar at $0.15 per hundredweight (100 pounds) and for forfeited raw cane sugar at $0.10 per hundredweight. (7 U.S.C. §7287)
Extends current law through crop year 2024. For crop year 2025 and subsequent crop years, requires storage rates for forfeited sugar at not less than $0.34 per hundredweight per month for refined sugar and $0.27 for raw cane sugar. (§1302)
Flexible marketing allotments. Establishes how the “overall allotment quantity” is adjusted for processors of cane and beet sugar when allotments are increased or decreased. (7 U.S.C. §1359cc(g)(2))
Requires USDA to prioritize sugar beet processors with available sugar when marketing allotments are adjusted higher. (§1303(a))
Reassignment of marketing allotments. Authorizes USDA to assess and reassign flexible marketing allotments for sugar if processors are unable to market assigned allotments. (7 U.S.C. §1359ee(b)(2))
Amends the section to require that initial adjustments for sugar beet marketing allotments be based off the January World Agricultural Supply and Demand Estimates (WASDE) and that reassignment of allotments be announced within 30 days of the January WASDE release. (§1303(b))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Administration of tariff rate quotas (TRQs). Requires USDA to set TRQs for raw cane and refined sugar that comply with international agreements. (7 U.S.C. §1359kk)
Reallocation of TRQ shortfall. Requires the U.S. Trade Representative (USTR), in consultation with USDA, to determine which countries do not intend to fill their sugar quotas and then reallocate the forecast shortfall. Requires USTR, in consultation with USDA, to determine no later than March 1 of the quota year if there will be additional shortfall and reallocate it to fulfill minimum TRQ commitments. Shortfall reallocation requirements do not apply if the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (September 2015) is terminated and the duty order revoked. (§1304)
No comparable provision. Requires USDA to study whether additional terms and conditions for refined sugar imports are needed and to provide Congress a report on its findings within one year of enactment. Requires USDA to consult with the sugar industry, refined sugar users, and relevant state and federal agencies and include in the study the impact on the domestic sugar industry of issues addressed in the study. (§1304)
No comparable provision. Authorizes USDA to conduct rulemaking on additional terms and conditions based on study findings, provided the agriculture committees are notified. Requires that new regulations do not adversely impact the domestic sugar industry and be consistent with the sugar program (7 U.S.C. §7272) and obligations under international trade agreements approved by Congress. (§1304)
Administration of TRQs. Requires USDA to set TRQs for raw cane sugar and refined sugar at the minimum level necessary to comply with obligations under international trade agreements that have been approved by Congress. (7 U.S.C. §1359kk)
Requires that any quota adjustment occurring prior to April 1 be “for the sole purpose of responding directly to an” emergency shortage of sugar. (§1305)
Period of Effectiveness. Authorizes flexible marketing allotments through FY2024. (7 U.S.C. §1359ll; P.L. 118-22)
No comparable provision.
Subtitle D – Dairy
Definitions. Defines production history for the Dairy Margin Coverage (DMC) program that was established in the 2018 farm bill. (7 U.S.C. §9051(8))
Amends the definition of production history by removing the consideration of production at the time the operation first participated in the DMC program. (§1401(a))
Production history of participating dairy operations. Sets production history for the DMC program at the highest milk marketings in calendar year 2011, 2012, or 2013. (7 U.S.C. §9055)
Sets production history for the DMC program as the highest milk marketings for participating dairies during calendar year 2021, 2022, or 2023. (§1401(b))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Premiums for DMC. Sets the DMC Tier I premiums for the first 5,000,000 pounds of covered milk production history. Sets the DMC Tier II premiums for covered milk production history above 5,000,000 pounds. Reduces the DMC premiums by 25% for producers who make a one-time DMC election covering calendar years 2019-2023. (7 U.S.C. §9057(b)-(c); P.L. 118-22)
Raises the covered production history to 6,000,000 pounds for both Tier I and Tier II premiums. Provides a 25% premium discount for a one-time premium election covering calendar years 2025-2029. (§1402)
Mandatory reporting for dairy products. Requires USDA to establish a mandatory program for dairy product manufacturers to report price, quantity, and moisture content of sold products to USDA. (7 U.S.C. §1637b)
Requires manufacturers to report production costs and product yield information to USDA. Requires USDA to publish a report with cost and yield information not more than three years after enactment of the act and every two years thereafter. Section 1602(2) of the bill would provide $15 million in mandatory CCC funding to implement this provision. (§1403)
Terms—milk and its products. Classifies milk by its use and sets a minimum price for each classified use (Classes I, II, III, and IV) of milk that handlers pay producers or cooperatives in the Federal Milk Marketing Orders (FMMO) system. Sets the formula for calculating the Class I skim milk price for use in the FMMO system as the average of the Class III or Class IV advanced pricing factors, plus $0.74. (7 U.S.C. §608c(5)(A))
Amends the Class I skim milk formula by replacing “average of” with the “higher of” the Class III or Class IV advanced pricing factors. This change would remain in effect until any changes are made through the FMMO hearing process. (§1404(a)) Exempts implementation of the amendment from rulemaking and federal order hearing and referendum requirements generally applied to such changes. (§1404(b))
Dairy Forward Pricing Program. Authorizes a dairy forward pricing program that applies to only milk purchased for manufactured products (Classes II, III, and IV) and excludes milk purchased for fluid consumption (Class I). Expires September 30, 2024. (7 U.S.C. §8772; P.L. 118-22)
Removes the program termination date. (§1405(a))
Dairy Indemnity Program. Authorizes payments to dairy farmers when a public regulatory agency directs removal of raw milk from the market because of contamination by pesticides, nuclear radiation or fallout, or toxic substances and other chemical residues. Expires September 30, 2024. (7 U.S.C. §4553; P.L. 118-22)
Extends current law through September 30, 2029. (§1405(b))
Dairy Promotion and Research Program. Authorizes the National Dairy Promotion and Research Board to oversee a generic dairy product promotion and a research and nutrition education program (i.e., dairy checkoff) and to spend funds to develop foreign markets for U.S. dairy products. Expires September 30, 2024. (7 U.S.C. §4504(e)(2); P.L. 118-22)
Extends the foreign market authority until September 30, 2029. (§1405(c))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Dairy reports. Requires USDA to submit certain dairy reports to Congress. (7 U.S.C. §4514)
Removes old reporting requirements and requires USDA to submit to Congress annual reports on the activities of the dairy products promotion and research order, including an accounting of fund receipts and disbursements of the National Dairy Promotion and Research Board as well as an independent analysis of program effectiveness. Requires reports for each calendar year after enactment to be submitted not more than 18 months after the last day of the calendar year. (§1406)
Subtitle E – Supplemental Agricultural Disaster Assistance Programs
Livestock Indemnity Program (LIP). LIP compensates producers at a rate of 75% of the market value for livestock death, in excess of normal mortality, or livestock sold at a loss caused by adverse weather, reintroduced animal attacks, or disease caused or transmitted by a vector and not controlled by vaccination or other acceptable management practices. Payment rates are based on the market value of the affected livestock on the day before the date of death or the date of the event that caused harm and resulted in a reduced sale price. (7 U.S.C. §9081(b))
Increases the payment rate for losses caused by predation to 100% of the market value for livestock. Requires USDA to determine the market value in coordination with the Agricultural Marketing Service and other appropriate sources and on a quarterly basis. (§1501(a)(1))
No comparable provision. Additional payment for unborn livestock. Expands LIP coverage to include unborn livestock (i.e., eligible livestock gestating at the time of death), except poultry, at a rate of not more than 85% of the payment rate for the lowest weight class for the specific kind of livestock. The LIP payment for unborn livestock is multiplied by 1 for cattle, bison, and horses; 2 for sheep; 12 for swine; and the average number of live births for all other livestock. Losses after January 1, 2024, are eligible. (§1501(a)(2))
No comparable provision. Determination of LIP losses. Requires USDA to amend regulations and allow documentation of predation attack to qualify for payment. Directs USDA, through Farm Service Agency (FSA) state committees, to calculate normal mortality thresholds for all eligible losses, except for losses from reintroduced animal attacks. (§1501(b)(1) & (b)(3))
Livestock Forage Disaster Program (LFP) regulations require applications for payment to be submitted to FSA no later than 30 calendar days after the end of the calendar year in which grazing losses occurred. (7 C.F.R. §1416.206(a))
Requires USDA to allow applications for an LFP payment to be submitted at least 90 days after the end of the calendar year in which the grazing loss occurred. (§1501(b)(2))
LIP regulations define non-adult cattle, including beef, beefalo, buffalo, bison, and dairy, as being delineated by weight categories of either less than 400 pounds or 400 pounds or more at the time of death or reduced sale. (7 C.F.R. §1416.302)
Codification of cattle weight classes. Requires USDA to determine LIP payments for cattle based on weight categories of either less than 400 pounds or 400 pounds or more. Other cattle weight categories may be used but may be set only at an amount greater than 400 pounds. (§1501(c))
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H.R. 8467 as Ordered Reported by the Committee
Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP). Requires USDA to make payments to producers of livestock, honey bees, and farm-raised fish as compensation for losses due to disease, adverse weather, feed or water shortages, or other conditions (such as wildfires) that are not covered under LIP or LFP. (7 U.S.C. §9081(d))
Requires USDA to exclude honey bee colony collapse disorder when determining the normal mortality rate for honey bee colonies under ELAP. (§1502)
Tree Assistance Program (TAP). TAP provides payments to eligible orchardists and nursery growers to replant or rehabilitate trees, bushes, and vines damaged by natural disasters. Eligible losses must exceed 15% after adjustment for normal mortality. Payments cover 65% of the cost of replanting trees or nursery stock and 50% of the cost of rehabilitation (e.g., pruning and removal). (7 U.S.C. §9081(e))
Expands coverage to include biennial tree crops and losses due to pest infestations. Lowers the eligible loss threshold to the normal mortality and increases the reimbursement for the cost of rehabilitation to 65%. Requires TAP recipients to replant or rehabilitate trees within 12 months after the application approval or at a time necessary to ensure tree survival. When replanting, alternative varieties, stand densities, and locations may be used but no additional payments may be made for alternative selections. Requires USDA to approve or deny and notify applicants within 120 days of application receipt. (§1503)
No comparable provision. Assistance in the form of block grants. Authorizes USDA to use block grants to administer supplemental ad hoc agricultural assistance for which assistance is not already available. (§1504)
Emergency Relief Program 2022 (ERP 2022). ERP 2022 provided assistance in FY2023 for qualifying losses and natural disaster events in FY2022. Congress provided supplemental appropriations in the Disaster Relief Supplemental Appropriations Act, 2023. USDA implemented this funding through ERP 2022. (P.L. 117-328)
Report on the Emergency Relief Program. Requires the Government Accountability Office report to Congress within 180 days of enactment on the implementation and administration of USDA’s supplemental ad hoc ERP 2022. (Section not specified)
No comparable provision. Avian predation of farm-raised fish. Requires USDA to report to Congress within 180 days of enactment on avian predation of farm-raised fish in Alabama, Arkansas, Louisiana, Mississippi, and Texas. (Section not specified)
Subtitle F – Administration
Suspension of permanent price support authority. Suspends the permanent price support authority of the Agricultural Adjustment Act of 1938 (P.L. 75-430), as amended, and the Agricultural Adjustment Act of 1949 (P.L. 89-439), as amended, for certain commodities for the 2014-2024 crop years and for milk through December 31, 2024. (7 U.S.C. §9092; P.L. 118-22)
Extends the suspension of permanent price authority through crop year 2029 for commodities other than dairy and through December 31, 2029, for dairy. (§1601)
Implementation. Provides terms for streamlining the implementation of the farm commodity programs. (7 U.S.C. §9097(b))
Requires USDA to allow producers to repay marketing assistance loans during a lapse in appropriations (a government shutdown) when USDA employees may be furloughed. (§1602(1))
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H.R. 8467 as Ordered Reported by the Committee
Implementation funding. Provides $15.5 million of mandatory CCC funds to carry out the 2018 farm bill (P.L. 115-334). (7 U.S.C. §9097(c)(4))
Provides $50 million of mandatory funds from the CCC to carry out the commodity and crop insurance titles of the Farm, Food, and National Security Act of 2024. Of these funds, $15 million are to carry out the new dairy product processing costs surveys in §1403, and $11 million are for USDA to update and modernize technology. (§1602(2))
Payment limit definitions. Defines persons and legal entities for the purpose of enforcing limits on total payments from certain farm support programs. (7 U.S.C. §1308(a))
Creates a new category of legal entity called a qualified pass through entity defined to include certain partnerships and S corporations (as defined by the Internal Revenue Code) and certain limited liability companies, joint ventures, and general partnerships. (§1603(a)(1))
Payment limits. Limits total ARC and PLC payments for all commodities excluding peanuts to $125,000 excepting joint ventures and general partnerships. For joint ventures and general partnerships, total ARC and PLC payments for all commodities excluding peanuts are limited to $125,000 multiplied by the number of eligible persons or legal entities that own the joint ventures or general partnerships. Limits total ARC and PLC payments for peanuts to $125,000 excepting joint ventures and general partnerships. For joint ventures and general partnerships, total ARC and PLC payments for peanuts are limited to $125,000 times the number of eligible persons or legal entities that own the joint ventures or general partnerships. Limits for peanuts are separate and in addition to limits for all other commodities. (7 U.S.C. §1308 (b), (c), (e))
Replaces exceptions for joint ventures and general partnerships with exceptions for qualified pass through entities. The new exception may allow some businesses previously limited to $125,000 to qualify for higher payment limits for peanut payments and for payments for all commodities excluding peanuts. (§1603(a)(2) and (b))
Exception for joint ventures and general partnerships. Provides limits for ARC and PLC payments for joint ventures and general partnerships. (7 U.S.C. §1308(e)(3)(B)(ii))
Replaces joint ventures and general partnership in the provision title with “qualified pass through entities.” (§1603(b)(1))
Commensurate reduction. Requires reductions of payments or benefits from various commodity and conservation programs for legal entities, general partnerships, and joint ventures commensurate with the share of the business owned by persons whose average adjusted gross income (AGI) exceeds $900,000. (7 U.S.C. §1308-3a(d))
Removes requirement for commensurate reductions for general partnerships and joint ventures. This change may allow some general partnerships and joint ventures to qualify for additional benefits from commodity and conservation programs. (§1603(c))
Payment limits. Limits total ARC and PLC payments for all commodities excluding peanuts to $125,000 for persons and legal entities. Limits total ARC and PLC payments for peanuts to $125,000 for persons and legal entities. Limits for peanuts are separate and in addition to limits for all other commodities. (7 U.S.C. §1308 (b) and (c))
Adds an exception for persons and legal entities (except for qualified pass through entities) that derive at least 75% of their AGI from farming, ranching, or silviculture activities as defined in the provision. Sets the payment limit for qualifying entities at $155,000 for the 2025 crop year. Requires USDA to adjust the $155,000 limit annually for inflation. (§1604)
AGI limitations on commodity and conservation programs. Limits eligibility for various commodity and conservation programs to persons and legal entities whose AGI is not more than $900,000. (7 U.S.C. §1308-3a(b))
Adds an exception to the $900,000 limit for certain agricultural disaster assistance and conservation programs for persons and legal entities that derive at least 75% of their AGI from farming, ranching, or silviculture activities. (§1605)
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Farm storage facility loans. Provides loans to producers to construct or upgrade storage and handling facilities for various commodities. (7 U.S.C. §8789(a))
Adds authorization of loans for construction or upgrading of storage facilities for propane that is primarily used for agricultural production. (§1606)
No comparable provision. Requires the President to prioritize the preservation and strengthening of domestic production when administering farm bill authorized programs for sugar. (§1607)
Limitation on CCC authority. The Secretary of Agriculture has broad authority under §5 of the CCC Charter Act (P.L. 80-89), as amended, to use CCC funding in fulfillment of its purpose. Authorities include the following: (a) support agricultural commodity prices through loans, purchases, payments, and other operations; (b) make available materials and facilities required for production and marketing of commodities; (c) procure commodities for sale to government agencies, foreign governments, and domestic, foreign, or international relief or rehabilitation agencies and for domestic requirements; (d) remove and dispose of surplus commodities; (e) increase the domestic consumption of commodities by expanding markets or developing new and additional markets, marketing facilities, and uses for commodities; (f) export, or cause to be exported, or aid in the development of foreign markets for commodities; and (g) carry out authorized conservation or environmental programs. (15 U.S.C. §714c)
Limits the Secretary’s authority to use CCC funding only for operations specifically authorized by Congress during FY2025 through FY2034. The limitation does not affect funds obligated prior to enactment. (§1608)
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Table 3. Title II, Conservation
Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Subtitle A – Definitions
Defines 27 terms for the purposes of all conservation programs within the Food Security Act of 1985, as amended (P.L. 99-198). (16 U.S.C. §3801)
Adds definitions for precision agriculture and precision agriculture technology. Defines precision agriculture as managing, tracking, or reducing inputs with a high level of precision to improve efficiency, reduce waste, and maintain environmental quality. Defines precision agriculture technology as any technology that directly contributes to a reduction or improvement in input use. (§2001)
Subtitle B – Conservation Reserve Program (CRP)
No comparable provision. CRP provides financial compensation for landowners, through an annual rental rate, to voluntarily remove land from agricultural production for multiple years to improve soil and water quality and wildlife habitat. Land eligibility, enrollment options, and eligible practices are defined throughout the program and its subprograms.
Definitions. Adds a new definitions section that applies to the entire program. Definitions of continuous enrollment option, eligible land, general enrollment option, grasslands enrollment option, and partnership initiatives enrollment option refer to terms defined under other provisions of the program (discussed below). Defines conservation buffer as an established practice that benefits water quality (e.g., filter strip and riparian buffer). Defines conservation reserve plan to include all of the required practices and application requirements to be carried out under a CRP contract. Defines eligible partner as a state or political subdivision thereof, Indian tribe, or nongovernmental organization. Defines land capability class to refer to a soil classification system in effect in 1985 upon original enactment of the program. (§2101)
Conservation reserve authority. Authorizes CRP through FY2024 to enter into contracts with eligible landowners and operators to conserve and improve soil, water, and wildlife and to address state, regional, and national conservation initiatives. (16 U.S.C. §3831(a); P.L. 118-22)
Reauthorizes the program through FY2029 and requires USDA, as practicable, to carry out the program in every state. Amends the purpose of the program to use contracts to establish and maintain permanent cover. Adds “tribal” to the list of conservation initiatives required to be addressed. (§2102(a))
Eligible land. Highly erodible cropland is considered eligible for enrollment in CRP if (1) untreated it could substantially reduce the land’s future agricultural production capability, or (2) it cannot be farmed in accordance with a conservation plan and has a cropping history or was considered to be planted for four of the six years preceding December 20, 2018 (except for land previously enrolled in CRP). Eligible land also includes marginal pastureland, grasslands, cropland, and land that would have a positive impact on water quality. Land that is otherwise ineligible can be enrolled if remaining in production would contribute to environmental degradation or if that land could be devoted to selected water quality and quantity improvement practices. (16 U.S.C. §3831(b))
Amends eligible land to include cropland based on a land capability classification system that ranks soils based on their production potential (Classes I-VIII). Eligible cropland may include not less than 85% dryland cropland with a land capability class of III or more or that cannot be farmed in accordance with a conservation plan. Extends the six-year cropping history to include land planted for four of the six years preceding enactment of the bill. Amends other eligible land related to water quality improvement. (§2102(b))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Multi-year grasses and legumes. Establishes that multi-year grasses and legumes, including alfalfa, meet the eligibility criteria for planted status history. (16 U.S.C. §3831(g))
Moves the multi-year grasses and legumes provision to the planting status section under 16 U.S.C. §3831(c). (§2102(c))
Method of enrollment. Requires sign-up for CRP grassland enrollment and noncontinuous enrollment to be offered annually. Requires sign-up for CRP continuous enrollment for marginal pasture, water quality improvement acres, and acres enrolled in the Conservation Reserve Enhancement Program (CREP) to be offered on a continuous basis. (16 U.S.C. §3831(d)(2)(C), (d)(5), (d)(6)(A))
Consolidates enrollment options and methods for all CRP enrollment types, including general, continuous, grassland, and a renamed Partnership Initiative (formally CREP and State Acres for Wildlife Enhancement [SAFE] Initiative). Requires general and grassland enrollment annually and continuous enrollment on an ongoing basis. (§2102(d))
Maximum acreage enrolled. Authorizes CRP to enroll up to 24 million acres in FY2019, 24.5 million acres in FY2020, 25 million acres in FY2021, 25.5 million acres in FY2022, and 27 million acres in both FY2023 and FY2024. (16 U.S.C. §3831(d)(1); P.L. 118-22)
Maintains enrollment at 27 million acres through FY2029. (§2102(d))
Grassland enrollment. Requires USDA to enroll 2 million acres through CRP grassland enrollment by the end of FY2023. Incrementally increases the minimum enrollment of grassland acres to 1 million acres in FY2019, 1.5 million acres in FY2020, and 2 million acres for FY2021-FY2024. Allows CRP grassland enrollment to prioritize expiring CRP land, land at risk of development, or land of ecological significance. Acres set aside for grassland enrollment that go unused cannot be used for other types of CRP enrollment. (16 U.S.C. §3831(d)(2); P.L. 118-22)
Reauthorizes and increases CRP grassland enrollment to 8 million acres by the end of FY2029. Incrementally increases the minimum enrollment of grassland acres to 6 million in FY2025, 7 million in FY2026, and 8 million for FY2027-FY2029. Deletes provisions allowing priority enrollment and reservation of unenrolled grassland acres. (§2102(d))
Clean Lakes, Estuaries, and Rivers (CLEAR). Establishes a water quality initiative in CRP, referred to as the CLEAR initiative, and gives priority under continuous enrollment to land that would reduce sediment and nutrient loading and harmful algal blooms. Limits CLEAR to 40% of all non-grassland contracts. (16 U.S.C. §3831(d)(3))
Deletes provision. (§2102(d))
Continuous enrollment. Sets continuous enrollment targets of not fewer than 8 million acres by FY2019, 8.25 million acres by FY2020, 8.5 million acres by FY2021, and 8.6 million of acres by FY2022 and FY2024. (16 U.S.C. §3831(d)(6)(B); P.L. 118-22)
Deletes provision. (§2102(d))
Contract duration. Sets CRP contracts at 10-15 years in duration. In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors, the landowner may specify the duration of the contract between 10 and 15 years. (16 U.S.C. §3831(e))
Requires general and grassland enrollment contracts to be 10 years in duration and that continuous or partnership initiative enrollment contracts be between 10 and 15 years in duration. For land devoted to conservation buffers for water quality improvement, and on request of the contract holder, land may be enrolled between 10 and 30 years in duration. Deletes allowance for land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors. (§2102(e))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Eligibility for consideration—reenrollment limitation for certain land. Establishes CRP land as eligible for reenrollment on expiration of the contract. Reenrollment is limited to one reenrollment if devoted to hardwood trees. Riparian forested buffers, forested wetlands, and shelterbelts are excluded from the hardwood tree limitation. (16 U.S.C. §3831(h))
Reenrollment—provisions for land established to trees. Allows for reenrollment of CRP land to occur during the final year of the contract. Reenrollment is not allowed if land is predominately planted with pine trees, excluding shortleaf pine and longleaf pine. Reenrollment is allowed if the pine trees have been harvested and new enrollment would establish permanent cover other than pine trees. (§2102(g))
Conservation Reserve Enhancement Program (CREP). Establishes CREP as a subprogram of CRP, in which USDA enters into agreements with states and conservation groups to target selected areas and natural resource concerns in exchange for continuous CRP sign-ups and higher payments for enrollment. (16 U.S.C. §3831a) SAFE is a CRP continuous sign-up initiative administratively created in 2008 that partners with nonfederal entities to protect wildlife habitat through CRP contracts.
Partnership initiatives. Renames the section and combines CREP with a codified version of SAFE. (§2103(a)-(b))
Agreements. Allows USDA to enter into agreements with eligible entities to carry out CREP. Defines agreement requirements, including matching fund contributions. Allows a temporary waiver of the matching funds requirement. (16 U.S.C. §3831a(b))
Makes minor conforming amendments to include a codified version of SAFE. Expands agreement requirements to include methods and processes for enrollment. Matching fund contribution requirements remain unchanged but apply only to CREP agreements. (§2103(c))
Payments. Allows payments from an eligible partner under CREP to be in cash, in-kind, or through technical assistance. Additional requirements are provided for cost-share payments, incentive payments, and maintenance payments for selected practices, including riparian buffers. (16 U.S.C. §3831a(c))
Makes minor conforming amendments to include a codified version of SAFE. Amends limits on payment for riparian buffers to include only the amount paid by USDA. (§2103(d))
Forested riparian buffer practice. Allows a food- producing woody plant to be used as a buffer for forested riparian buffers but requires a reduction in the rental rate. Requires the Farm Service Agency (FSA) to coordinate with state forestry agencies on technical assistance. (16 U.S.C. §3831a(d))
Makes minor conforming amendments and deletes requirement for technical assistance coordination. (§2103(e))
Drought and water conservation agreements. To address regional drought concerns, allows USDA to enroll other agricultural land that is critical to the purpose of a CREP agreement, permit dryland farming, and ensure regionally consistent payment rates. (16 U.S.C. §3831a(e))
Makes minor conforming amendments and limits provision to CREP agreements only. (§2103(f))
Status report. Requires annual status reports to Congress on CREP agreements. (16 U.S.C. §3831a(f))
Deletes provision. (§2103(g))
Duties of owners and operators. In exchange for payments under CRP, owners and operators agree to several requirements and restrictions on the land under contract. These requirements are outlined in the CRP contract and conservation plan. (16 U.S.C. §3832)
Makes minor conforming amendments to reflect the move of conservation plan requirements to a new definitions section. (§2104)
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Duties of the Secretary. In return for a CRP contract, landowners are compensated for a percentage of the cost (cost-share) of carrying out conservation measures within the contract and an annual rental payment. Permits certain specified activities (e.g., harvesting, grazing, or other commercial uses of the forage) on CRP land under selected conditions, including but not limited to emergencies. Allows emergency grazing at 50% of the normal carrying capacity on all practices during the primary nesting season without a reduction in rental rate if payments were authorized under the Livestock Forage Disaster Program (LFP). (16 U.S.C. §3833(a)-(b))
Makes minor conforming amendments to reflect the use of terms in the definitions section. Amends allowances for emergency grazing at a reduced carrying capacity if payments were received under LFP. (§2105(a)-(b))
State enrollment rates. Requires 60% of available acres be allocated per state based on historical enrollment. Enrollment rates must consider the average number of acres enrolled in each state each year of FY2007-FY2016, the average number of acres enrolled in CRP nationally each year of FY2007-FY2016, and the acres available for enrollment each year of FY2019- FY2024. (16 U.S.C. §3831(d)(4); P.L. 118-22)
Allocation to states. Moves and amends state allocation requirements. Requires all CRP acres to be allocated to states based on the proportion of eligible land in the state relative to total acreage of eligible land in all states. Requires consideration to be given for historical enrollment rates, magnitude of conservation needs, how much the program will address these needs, and equitable geographic distribution. (§2105(e))
Cost sharing payments. Defines land enrolled in CRP as eligible to receive cost-share assistance for implemented practices. Limits cost-share payments to 50% of the actual cost of establishing the practice and no more than 100% of the total cost. Limits cost-share for seed to 50% of the seed mixture cost. No cost- share is available for mid-contract management activities. Owners are ineligible from receiving cost- share payments if assistance is provided under other federal programs, unless it is related to a CREP contract. (16 U.S.C. §3834(b))
Defines eligible cost-share activities, including establishing permanent vegetation, erosion control practices, fencing to protect riparian areas, water development for livestock exclusion in riparian areas, grassland enrollment fence and water development, mid-contract management, and water quality practices. Allows cost-share for mid-contract management activities, excluding grazing or haying. (§2106(a))
Limits payments to incentivize selected practices (i.e., practice incentives) for continuous enrollment contracts to 50% of the cost of the practice. Requires USDA to pay a sign-up incentive for continuous enrollment contracts of not more than 32.5% of the first annual rental payment. Forest management incentive payments are allowed for up to 100% of the total cost of thinning and other practices to promote forest management or enhance wildlife habitat. (16 U.S.C. §3834(b)(4); 16 U.S.C. §3834(d)(2)(D); 16 U.S.C. §3834(c))
Incentive payments. Reorganizes and consolidates payment incentives. Includes the 50% limit for practice incentives for continuous enrollment contracts. Authorizes sign-up incentive payments for enrolling environmentally sensitive land. Limits sign-up incentives to 50% of the first annual rental payment and for land enrolled under a continuous or partnership initiative enrollment option. Amends the forest management incentive payments to require a reduction equal to income received as a result of the thinning practice. (§2106(b))
Annual rental payments. Authorizes annual rental payments for land enrolled in CRP. Provides USDA discretion in determining the amount to be paid necessary to encourage enrollment. (16 U.S.C. §3834(d)(1))
Makes minor conforming amendments to reflect the use of terms in the definition section. (§2106(c)(1))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
CRP enrollment is conducted through the submission of bids by owners and operators of eligible land. USDA determines annual rental payments under CRP contracts in accordance with the criteria based on enrollment type. Limits general enrollment contracts and continuous enrollment contracts to not more than 85% and 90% of the average county rental rate, respectively. The limit may be waived for CREP contracts. (16 U.S.C. §3834(d)(2))
Amends the limits on annual rental payments to 85% of the average soil rental rate for the first reenrollment and 10% less than the previous enrollment for each subsequent reenrollment. Includes conforming amendments for waivers of the limits for partnership initiative enrollments. (§2106(c)(2))
Permits USDA to consider how enrolling the land would improve soil resources, water quality, or wildlife habitat or provide other environmental benefits when accepting CRP offers. Permits USDA to establish different criteria for different states and regions. Requires USDA to designate conservation priority areas with significant adverse water quality or wildlife habitat impacts related to agricultural production activities. Requires USDA, using whatever means appropriate, to promote enrollment in conservation priority areas to maximize water quality and habitat benefits. (16 U.S.C. §3834(d)(3); 16 U.S.C. §3831(f)(4))
Requires USDA, with advice from state technical committees, to consider how enrolling the land would improve soil resources, water quality, or wildlife habitat or provide other environmental benefits. Requires the establishment of different acceptance criteria for different states. Requires USDA to use whatever means appropriate to promote enrollment in conservation priority areas by giving additional weight to applications or holding sign-ups in designated areas. Prioritizes enrollment for land previously enrolled under general, continuous, or partnership initiative enrollment to transition to grassland enrollment. (§2106(c)(3))
Rental rates. Requires CRP rental rates to be based on soil productivity and the county average rental rate. Allows FSA state committees and CREP partners to propose alternative soil rental rates with acceptable documentation and with notification to Congress. Limits the county average soil rental rate to 85% of the estimated rental rate for general enrollment, or 90% of the estimated rental rate for continuous enrollment. (16 U.S.C. §3834(d)(4))
Allows additional interested entities to propose alternative soil rental rates with acceptable documentation and congressional notice. Requires alternative soil rental rates and justifications to be made publicly available. Limits the county average soil rental rate for general and partnership initiative enrollment to 85% of the estimated rental rate on Class I and II dryland cropland, 100% of the estimated rental rate on Class III dryland cropland, and 115% of the estimated rental rate on Classes IV-VII dryland cropland. For continuous enrollment, the county average soil rental rate is limited to 100% of the estimated rental rate regardless of the land capability class. (§2106(c)(4))
Payment limitations for rental payments. Limits the total amount of rental payments received directly or indirectly to $50,000 per fiscal year. (16 U.S.C. §3834(g))
Increases rental payment limit to $125,000 per fiscal year. (§2106(e))
Early termination. Allows owners and operators to terminate their CRP contracts in FY2015 without penalty if the contract had been in place for at least five years. Establishes selected land as ineligible for early release. Terminations become effective on approval, and payments are prorated. Land is still eligible for future CRP contracts and, if returned to production, is subject to conservation compliance requirements. (16 U.S.C. §3835(e))
Allows producers with a CRP contract in place for five or more years to terminate the contract at any point. Amends the types of land ineligible for early release and requires USDA to prorate the recovery of cost-share payments. (§2107(c))
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Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Transition option. The transition option under CRP facilitates the transfer of CRP acres to a beginning/socially disadvantaged/veteran producer to return land to production. In exchange, the owner receives up to two additional years of annual CRP rental payments following the expiration of the CRP contract. (16 U.S.C. §3835(f))
Requires USDA to reenroll transition land if it is the first request for reenrollment and the CRP enrollment cap has not been met. (§2107(d))
No comparable provision Drought and emergency grazing assistance. USDA may allow CRP participants to receive funds under the Emergency Conservation Program for livestock water facilities and grazing infrastructure. Prohibits duplicative payments for the same assistance. (§2107(e))
No comparable provision. Report on emergency grazing CRP acres. Requires USDA to report to Congress within 180 days of enactment on authorizing emergency grazing on CRP acres in response to wildfires. (§2108)
Subtitle C – Environmental Quality Incentives Program (EQIP)
Definitions. Defines 10 terms under EQIP. Defines practice as one or more improvements (e.g., structural, land management, or vegetative practice; forest management; and other practices defined by USDA) or conservation activities (e.g., comprehensive nutrient management plans, precision conservation management planning, and other plans as determined by USDA). (16 U.S.C. §3839aa-1)
Amends the definition of practice to include precision agriculture practices and technology in the description of a conservation activity. (§2201)
Establishment. Authorizes EQIP through FY2031. (16 U.S.C. §3839aa-2(a))
Amends EQIP authorization through FY2029. (§2202(a))
Other payments. Prohibits duplicative payments from other federal programs for EQIP funded practices. (16 U.S.C. §3839aa-2(d)(6))
Exempts from prohibition USDA loans or loan guarantees used to cover the costs of EQIP practices. Requires USDA to inform EQIP participants that they may be eligible for a USDA loan for costs associated with implementing EQIP practices. (§2202(b)(1))
High-priority practices. Allows states the option, in consultation with the state technical committee, to identify no more than 10 high-priority practices that will be eligible for up to 90% of the practice cost. Practices must address nutrients in ground and surface water, conservation of water, identified wildlife habitat, or watershed-specific resource concerns. (16 U.S.C. §3839aa-2(d)(7))
Expands the list of resource concerns that eligible practices may address to include increased carbon sequestration or reduction in greenhouse gas emissions. (§2202(b)(2))
No comparable provision. Increased payments for precision agriculture. Allows payments for up to 90% of the cost of precision agriculture practices and technology. (§2202(b)(3))
Allocation of funding. Requires that 50% of payments go to practices related to livestock production through FY2024 and that at least 10% of annual funds go to payments benefiting wildlife habitat through FY2031. (16 U.S.C. §3839aa-2(f); P.L. 118- 22)
Amends required carve-outs for livestock and wildlife to be through FY2029. (§2202(c))
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Water conservation. Allows EQIP payments to producers or selected eligible entities for water conservation or irrigation efficiency practices. (16 U.S.C. §3839aa-2(h)(1))
Expands eligibility to include the adoption of precision agriculture practices and technology related to water conservation and energy efficiency. §2202(d))
Organic payment limits. Limits payments for conservation practices related to organic production to a total of $140,000 for FY2019-FY2024. (16 U.S.C. §3839aa-2(i)(3); P.L. 118-22)
Limits organic production conservation practices payments to a total of $200,000 for FY2025-FY2029. (§2202(e))
Conservation incentive contracts. Conservation incentive contracts under EQIP are multi-year contracts that address priority resource concerns within selected geographic regions. (16 U.S.C. §3839aa-2(j)(2))
Amends incentive practices to include precision agriculture practices and technology. (§2202(f))
No comparable provision. Southern boarder initiative. Creates a new initiative to provide payments to address and repair agricultural land or infrastructure damage that may contribute to natural resource concerns. Limits eligibility to land at or near the southern U.S. border. (§2202(g))
Limitation on payments. Limits an EQIP participant’s payments to an aggregate of $450,000 for FY2019-FY2024. (16 U.S.C. §3839aa-7; P.L. 118- 22)
Limits EQIP payments to a total of $450,000 for FY2025-FY2029. (§2203)
Conservation Innovation Grants (CIG) and payments. CIG is a competitive grant program within EQIP. Grants include cost-matching requirements to implement innovative conservation projects. (16 U.S.C. §3839aa-8(a))
Adds development and evaluation of new technologies as an eligible project. (§2204(a))
CIG—air quality. Requires that $37.5 million of EQIP funds annually be used to address air quality concerns between FY2019 and FY2031. (16 U.S.C. §3839aa- 8(b))
Amends the required air quality carve-out to be through FY2029. (§2204(b))
CIG—on-farm conservation innovation trials. Requires $25 million of EQIP funds to be used for on- farm conservation innovation trials to test new or innovative conservation approaches either directly with producers or with eligible entities annually for FY2019- FY2031. (16 U.S.C. §3839aa-8(c))
Amends authorization for the on-farm conservation innovation trials to be through FY2029. Adds perennial production systems as an eligible approach. (§2204(c))
CIG—reporting and database. Requires USDA to establish and maintain a public conservation practice database based on data reported under completed CIG projects. (16 U.S.C. §3839aa-8(d))
Requires database to include management and structural conservation practices and data that may be used to evaluate new and emerging technologies. (§2204(d))
Subtitle D – Conservation Stewardship Program (CSP)
Authority. Authorizes CSP through FY2031. CSP enrolls land into multi-year contracts to encourage producers to address priority resource concerns in a comprehensive manner by undertaking additional conservation activities and improving, maintaining, and managing existing conservation activities. (16 U.S.C. §3839aa-22)
Amends the authorization for CSP to be through FY2029. (§2301)
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CSP payments. Requires CSP payments to be based on several factors (e.g., costs incurred, income forgone, expected conservation benefits, and integration across entire operation). (16 U.S.C. §3839aa-24(c)(2))
Adds costs associated with planning and adopting precision agriculture technology to the factors in which CSP payments are based. Requires program annual payments to be no less than $2,500. (§2302(a))
Supplemental payments. Authorizes additional payments for the adoption of resource-conserving crop rotations and advanced grazing management. Requires payments for these practices to be at least 150% of the annual payment rate (16 U.S.C. §3839aa-24(d))
Adds precision agriculture conservation activities as eligible for additional payments. (§2302(b))
Payment limitations. Limits CSP payments to a total of $200,000 for all CSP contracts entered into by an individual participant for FY2019-FY2024. (16 U.S.C. §3839aa-24(f); P.L. 118-22)
Limits CSP payments to a total of $200,000 for all CSP contracts entered into by an individual participant for FY2025-FY2029. (§2302(c))
Organic certification. Requires USDA to establish transparent means by which CSP participants may initiate organic certification under the Organic Foods Production Act of 1990 (7 U.S.C. §6501 et seq.). Requires USDA to allocate CSP funding annually from FY2019 to FY2031 to states to support organic transition and production based on the number of organic operations and organic acres within a state. (16 U.S.C. §3839aa-24(h))
Amends the authorization for the organic certification allocation to be through FY2029. (§2302(d))
No comparable provision. State assistance for soil health. Creates a new Soil Health Program for eligible states and Indian tribes. Grants are authorized to supplement existing state and tribal soil health programs. Prioritizes states and tribes with climate action plans that include soil health. Limits grants to $5 million annually, or 50% or 75% of the cost of implementing a state program or tribal program, respectively. Grants are one year with the possibility of renewal. Makes $100 million of CSP funds available for the program annually for FY2025-FY2029, with limitations on administrative expenses. (§2303)
Subtitle E – Other Conservation Programs
Conservation of private grazing land. Authorizes appropriations of $60 million annually through FY2024. (16 U.S.C. §3839bb(e); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§2401)
Feral Swine Eradication and Control Pilot Program. Requires USDA, under the pilot program, to study the extent of damage from feral swine, develop eradication and control measures and restoration methods, and provide cost-share funding to agricultural producers in established pilot areas. Requires the Natural Resources Conservation Service (NRCS) and the Animal and Plant Health Inspection Service (APHIS) to coordinate the pilot through NRCS state technical committees. Limits cost-share assistance to 75% of the costs of eradication and control measures or restoration. Provides $75 million in mandatory CCC funding for FY2019-FY2023 and $15 million for FY2024. Requires funding to be split equally between NRCS and APHIS with no more than 10% for administrative expenses. (7 U.S.C. §8351 note)
Feral Swine Eradication and Control Program. Codifies the pilot as a program with nearly identical requirements. Provides a total of $150 million for FY2025-FY2029 of mandatory EQIP funding. Amends the funding split as 40% to NRCS and 60% to APHIS. Requires NRCS and APHIS to contract with one or more land-grant universities to assist with the program. Limits eligibility to selected universities. (§2402)
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Grassroots Source Water Protection Program. Authorizes appropriations of $20 million annually through FY2024. Provides additional mandatory CCC funding of $5 million in FY2019 and $1 million in FY2024, to remain available until expended. (16 U.S.C. §3839bb-2(b); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. Provides an additional $1 million of mandatory EQIP funding in FY2025, to remain available until expended. (§2403)
Voluntary Public Access and Habitat Incentive Program. Provides $50 million in mandatory CCC funding for FY2019-FY2023 and $10 for FY2024. (16 U.S.C. §3839bb-5(f))
Authorizes $150 million of mandatory EQIP funding for FY2025-FY2029. (§2404)
Watershed protection and flood prevention. The Watershed Operations program provides technical and financial assistance to states and local organizations to plan and install watershed projects. (16 U.S.C. §§1001 et seq.)
Adds a new provision allowing USDA to fund remedial actions for completed work under the program. (§2405(a))
No comparable provision. Requires USDA to streamline procedures and expedite agreement approval methods for the Watershed Operations program. (§2405(a))
Watershed Operations data. Requires USDA to collect and maintain data at the national and state levels for the Watershed Operations program, including program expenditures and expected benefits from project implementation. (16 U.S.C. §1010)
Requires USDA to make collected data publicly available. Requires additional data to be collected and made public related to total allocations, funds expended, and contract and agreement details. The public data requirement is to exclude information related to agreements with individual landowners. (§2405(b))
Watershed Rehabilitation Program. Provides 65%-100% of the cost of rehabilitating dams previously built by NRCS that are near, at, or past their evaluated life expectancy. (16 U.S.C. §1012(b)(2))
Increases the minimum required federal share of the cost of rehabilitation to 90%. Removes the requirement that 20% of total benefits of the watershed project must relate to agriculture, including rural communities. Removes the requirement that more than 50% of land situated in the drainage area above retention reservoirs have agreements to carry out recommended soil conservation measures and farm plans. (§2405(c))
Authorizes annual appropriations of $85 million annually for FY2008-FY2024, to remain available until expended. (16 U.S.C. §1012(h)(2)(E); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§2405(c))
Funding. Provides $50 million in mandatory CCC funding annually in FY2019 and each fiscal year thereafter. (16 U.S.C. §1012a)
Increases mandatory CCC funding to $150 million annually beginning in FY2025, to remain available until expended. (§2405(d))
Emergency Conservation Program (ECP). ECP provides emergency funding and technical assistance to producers to rehabilitate farmland damaged by natural disasters. Producers may accept a reduced payment for repairing or replacing fence rather than receiving a higher payment following the completion and inspection of the practice. Limits advanced payments for fences to 25% of the total payment (based on cost). (16 U.S.C. §2201)
Increases the advanced payment limit for repairing or replacing damaged fence to 75% of the payment for replacement or rehabilitation of fence (based on market value) and not more than 50% of the payment for repair of fence (based on market value). Expands eligibility of the program to include wildfires not caused naturally, including wildfires caused by the federal government. (§2406)
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Emergency Watershed Protection (EWP) Program. Assists sponsors, landowners, and operators in implementing emergency recovery measures for runoff retardation and erosion prevention to relieve imminent hazards to life and property created by natural disasters, including the purchase of floodplain easements. (16 U.S.C. §2203(b))
Amends the floodplain easement requirements under EWP to include floodplain restoration, maintenance, and compatible use authority. Allows restoration on floodplain easements to be undertaken at levels above immediate impairment needs if it is in the best interest of the long-term health and protection of the watershed. (§2407)
No comparable provision. The Conservation Effects Assessment Project (CEAP) is a USDA-created, multiagency effort led by NRCS to quantify the effects of conservation practices on agricultural lands.
National agriculture flood vulnerability study. Requires a CEAP report to Congress within two years of enactment on the flood risk on agricultural lands, including analysis of economic loss, effectiveness of mitigation activities, analysis of flood risk based on available data, existing risk reduction activities, and recommendations for further flood risk reduction. (§2408)
Subtitle F – Funding and Administration
Commodity Credit Corporation (CCC) conservation funding. Provides mandatory CCC funding to carry out conservation programs for FY2014-FY2031. Specific mandatory funding levels for programs are outlined below. (16 U.S.C. §3841(a))
Amends the CCC authority though FY2029. Specific mandatory funding levels for programs are outlined below. (§2501(a)(1))
CRP funding. Provides a total of $12 million for forest management thinning payments and a total of $50 million for transition contracts in mandatory CCC funding for FY2019-FY2024. Limits total funding for CRP by enrolled acres, not total dollars. (16 U.S.C. §3841(a)(1); P.L. 118-22)
Reauthorizes mandatory funding authority for forest management payments and transition contracts through FY2029. (§2501(a)(2))
Agricultural Conservation Easement Program (ACEP) funding. Provides mandatory CCC funding of $450 million annually for FY2019-FY2031. (16 U.S.C. §3841(a)(2))
Amends mandatory CCC funding for ACEP to include $600 million for FY2025, $625 million for FY2026, $650 million for FY2027, $675 million for FY2028, and $700 million for FY2029. (§2501(a)(3))
EQIP funding. Provides mandatory CCC funding of $2.025 billion annually for FY2023-FY2031. (16 U.S.C. §3841(a)(3)(A))
Amends mandatory CCC funding authority for EQIP to $2.4 billion in FY2025, $2.6 billion in FY2026, $2.8 billion in FY2027, $3.1 billion in FY2028, and $3.12 billion in FY2029. (§2501(a)(4)(A))
CSP funding. Provides mandatory CCC funding of $1 billion annually for FY2023-FY2031. (16 U.S.C. §3841(a)(3)(B))
Amends mandatory CCC funding authority for CSP to $1.275 billion in FY2025, $1.3 billion in FY2026, $1.325 billion in FY2027, $1.35 billion in FY2028, and $1.375 billion in FY2029. (§2501(a)(4)(B))
No comparable provision. Authorizes appropriations for the Healthy Forests Reserve Program (HFRP) of $12 million annually through FY2024. (16 U.S.C. §6578; P.L. 118-22)
Forest Conservation Easement Program (FCEP) funding. Provides mandatory CCC funding for the new FCEP of $25 million in FY2025, $50 million annually for FY2026-FY2028, and $65 million in FY2029. (§2501(a)(5))
Regional Conservation Partnership Program (RCPP) funding. Provides mandatory CCC funding of $300 million annually for FY2019-FY2031. (16 U.S.C. §3871d(a))
Moves funding authority for RCPP from within the program and provides mandatory CCC funding of $400 million for FY2025, $425 million for FY2026, and $450 million annually for FY2027-FY2029. (§2501(a)(5))
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Availability of funds. Authorizes mandatory funding provided for CRP, ACEP, CSP, and EQIP for FY2014- FY2031, to remain available until expended. (16 U.S.C. §3841(b))
Amends the availability of funding for conservation programs, to remain available until expended through FY2029. (§2501(b))
Regional equity. Requires regional equity through proportional distribution of conservation program funds based on historical funding levels. (16 U.S.C. §3841(e))
Excludes FCEP from regional equity requirements. (§2501(c))
Contributions for public-private partnerships. Requires USDA to establish contribution accounts for public-private partnership projects to address natural resource priorities (e.g., climate change and carbon sequestration and the leveraging of existing conservation program funds). Requires annual reports to Congress through FY2031. (16 U.S.C. §3841(f))
Amends the annual reporting requirement to be through FY2029 and makes other conforming amendments for FCEP. (§2501(d))
Assistance to certain farmers or ranchers for conservation access. Establishes annual set-asides in EQIP and CSP of 5% to beginning farmers or ranchers and 5% to socially disadvantaged farmers or ranchers for FY2019-FY2031. (16 U.S.C. §3841(h)(1)(B))
Amends the annual set-aside to be through FY2029. (§2501(e))
Report on program enrollments and assistance. Requires annual reports to Congress, through FY2024, on program enrollments and assistance under conservation programs, including significant payments, waivers, and exceptions. (16 U.S.C. §3841(i); P.L. 118-22)
Reauthorizes the annual report requirements through FY2029. (§2501(f))
The 2022 Reconciliation Act (P.L. 117-169), commonly referred to as the Inflation Reduction Act of 2022, provides additional funding for FY2023-FY2026 for the following programs:
EQIP: $250 million in FY2023, $1.75 billion in FY2024, $3 billion in FY2025, and $3.45 billion in FY2026; CSP: $250 million in FY2023, $500 million in FY2024, $1 billion in FY2025, and $1.5 billion in FY2026; ACEP: $100 million in FY2023, $200 million in FY2024, $500 million in FY2025, and $600 million in FY2026; and RCPP: $250 million in FY2023, $800 million in FY2024, $1.5 billion in FY2025, and $2.4 billion in FY2026. (P.L. 117-169; 136 Stat. 2015-2016)
Rescissions. Rescinds unobligated balances for EQIP, CSP, ACEP and RCPP for FY2024-FY2026. Total budget authority for recission equals $15.85 billion. (§2502)
Delivery of technical assistance. Requires USDA to provide all producers participating in conservation programs technical assistance, either by USDA or through an approved third-party provider. (16 U.S.C. §3842(a))
Defines a nonfederal certifying entity as an Indian tribe or state agency who is approved by USDA to certify third- party technical service providers (TSPs). (§2503(a))
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Technical service providers (TSPs). TSPs are third-party providers (individuals or businesses) that have technical expertise in conservation planning and design for a variety of conservation activities. Farmers, ranchers, private businesses, nonprofit organizations, or public agencies hire TSPs to provide these services on behalf of NRCS. NRCS certifies and approves TSPs through a certification process. (16 U.S.C. §3842(e))
Expands TSP definition to specifically include commercial and nonprofit entities, state and local governments, and federal agencies. Amends the certification process to allow for other nonfederal certifying entities to approve TSPs. Adds requirements, including application deadlines, for nonfederal certifying entities. (§2503(d))
Technical assistance administration. Allows USDA to use mandatory funding authorized for CRP, ACEP, EQIP, and CSP to fund TSPs. Establishes terms of agreements with TSPs and requires a review of TSP certification requirements. Requires payments to TSPs to be based on fair and reasonable amounts. (16 U.S.C. §3842(f))
Expands the use of mandatory funding to include all USDA conservation programs. Requires additional review of TSP certification requirements and adjustments for increased use, outreach, and quality of TSP services. Amends payment rates to be equal to, but not exceeding, the cost of USDA providing technical assistance. Adds additional payment considerations for specialized equipment and services. Excludes TSP payments from any cost-share requirements under applicable conservation programs. Requires TSP information to be made public. Requires USDA to emphasize TSP use for planning related to cover crops, precision agriculture practices, and comprehensive nutrient management. (§2503(e))
Review of conservation practice standards. Requires USDA to complete, within one year of enactment, a review of conservation practice standards in effect before enactment. Expands consultation requirements to include input from state technical committees. Requires USDA to develop an administrative process to expedite revisions of conservation practice standards, to consider scientific and technological advancements, to provide local flexibility in the creation of interim practice standards and partner-proposed techniques, and to solicit input from state technical committees. Requires a report to Congress every two years on the process, revisions, and innovations considered under the process. (16 U.S.C. §3842(h))
Renames the section heading to “Establishment and Review.” Reauthorizes required review of conservation practice standards and requires additional reviews at least every five years. Requires public input and reporting of the final decisions. Creates a new process for establishing interim and new conservation practice standards, including developing a streamlined process, considering public input, public reporting requirements, and required reports to Congress. Establishes a new Office of Conservation Innovation within NRCS, requiring the detailing of up to six staff to support and carry out the conservation practice standard review and revision processes. (§2503(f))
No comparable provision. NRCS direct hire authority. Provides USDA with direct hire authority to appoint individuals to positions that provide technical assistance to NRCS conservation programs. Allows appointments to be made without regard to federal hiring preferences, standards, and ranking requirements. Maintains prohibition on the consideration of recommendations of Senators or Representatives and requirements for Selective Service registration. Requires applicants to meet qualifications related to providing technical assistance and standards established by the Office of Personnel Management. (§2503(g))
Acreage limitations. Establishes that no county may enroll more than 25% of cropland into CRP or wetland reserve easements under ACEP. Allows not more than 15% of a county to be enrolled as a wetland reserve easement under ACEP. Permits USDA to waive this limitation in some situations. (16 U.S.C. §3844(f))
Deletes the limit that not more than 15% of a county may be enrolled as a wetland reserve easement under ACEP. (§2504(b))
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Review of practice costs and payment rates. Requires USDA to review and issue guidance on the cost effectiveness of cost-share rates and payment rates for all farm bill conservation programs. Requires USDA to issue guidance to states for an annual review and adjustment of rates. (16 U.S.C. §3844(j))
Requires an annual review of the actual practice costs by state and the payment rates under all farm bill conservation programs. Requires USDA to establish procedures for updating payment rates to reflect practice costs at the time of practice implementation. (§2504(c))
Source water protection. Requires USDA to encourage conservation practices related to water quality and quantity that protect source waters used for drinking water through all farm bill conservation programs. Allows producers to receive incentives and increased payment rates (up to 90% of cost) for such practices. Requires USDA to collaborate with community water systems and NRCS state technical committees to identify local priority areas. Requires 10% of all annual funding for conservation programs (except CRP) be used for water protection practices for FY2019-FY2031. (16 U.S.C. §3844(n))
Amends authority for the source water protection carve-out to be through FY2029. Requires USDA to identify a source water protection coordinator for each state. Requires an annual public report that includes program and funding information, including an interactive map with aggregated data. (§2504(d))
No comparable provision. Habitat connectivity and wildlife corridors. Allows USDA to encourage the use of conservation practices that support the development, restoration, and maintenance of habitat connectivity and wildlife corridors. (§2504(e))
Experienced Services Program. Establishes a program for individuals aged 55 or older who do not work for USDA or state agriculture departments to provide technical, professional, and administrative services to conservation, research, education, and economics programs and authorities. The Experienced Services Program may be used by NRCS, Agricultural Research Service (ARS), Economic Research Service (ERS), National Agricultural Library (NAL), National Agricultural Statistics Service (NASS), National Institute of Food and Agriculture (NIFA), and the Office of the Chief Scientist. Organizations enter into agreements with USDA to provide qualified individuals. (16 U.S.C. §3851)
Removes allowances for the Experienced Services Program to be used by research and extension mission area agencies (i.e., ARS, ERS, NAL, NASS, NIFA, and the Office of the Chief Scientist). (§2505) Requires USDA to create a separate Experienced Services Program for each USDA mission area, except for NRCS and U.S. Forest Service, which retain their original authority under 16 U.S.C. §§3851-3851a. (§12413)
Subtitle G – Agricultural Conservation Easement Program (ACEP)
Definitions. Defines seven terms under ACEP. Defines buy-protect-sell transaction to allow land owned by an organization to be eligible for the program, subject to the transfer of ownership to a farmer or rancher within three years following the acquisition of the agricultural land easement (ALE). (16 U.S.C. §3865a)
Deletes the definition of buy-protect-sell transactions. (§2601)
Agricultural Land Easements (ALEs). Provides ACEP funds for the purchase of ALEs by eligible entities for technical assistance to implement the program and to develop an ALE plan and for buy-protect-sell transactions. (16 U.S.C. §3865b(a))
Deletes buy-protect-sell transactions as eligible for funding. (§2602(a))
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ALE cost-share. Limits the federal share of an ALE to 50% of the fair market value of the easement. Requires ALE eligible entities to provide contributions that are at least equivalent to the federal share. Allows grasslands of special environmental significance up to 75% of the fair market for the federal share. The nonfederal portion used by the eligible entity can be cash, landowner donations, costs associated with the easement, or other costs determined by USDA. (16 U.S.C. §3865b(b)(1) and (b)(2))
Limits the federal share of an ALE to 65% of the fair market value of the easement. Creates a new exception in the case of a socially disadvantaged farmer or rancher that holds at least 50% ownership interest; the federal share may be up to 90% of the fair market value of the easement. Requires the nonfederal portion to cover the remainder in value of the easement. Adds a low cost-share option that reduces the federal share of an ALE to 25% of the fair market value of the easement if the agreement does not include a right of enforcement for USDA. Under the low cost-share option, allows the eligible entity to use its own terms and conditions for the ALE if USDA determines they are consistent with the purposes of the programs and permit effective enforcement. Requires entities using the low cost-share option to provide at least 50% of the fair market value of the ALE in cash. (§2602(b)(1))
ALE application evaluation. Requires the evaluation and ranking criteria for ALE applications to maximize the benefit of federal investment under ACEP. (16 U.S.C. §3865b(b)(3))
Adds a new provision allowing USDA to pool applications from socially disadvantaged farmers or ranchers and consider them separately from other ALE applications. (§2602(b)(2))
ACEP ALE enrollment is through eligible entities that enter into cooperative agreements of three to five years in length with USDA. The entities acquire easements and hold, monitor, manage, and enforce the easements. Entities may use their own terms and conditions for ALEs if USDA determines they are consistent with the purpose of the program, permit effective enforcement, and include a right of enforcement for USDA. (16 U.S.C. §3865b(b)(4))
Requires eligible entities’ terms and conditions to include a right for USDA to require transfer of the easement if the eligible entity ceases to exist or is no longer eligible for ACEP. Allows eligible entities to modify terms and conditions if they do not conflict with the required minimum terms and conditions. (§2602(b)(3))
Requires USDA to establish a process for certifying eligible entities with specified criteria. Land trusts accredited by the Land Trust Accreditation Commission with more than 10 successful ALEs under ACEP or other easement programs, and state agencies with more than 10 successful ALEs under ACEP or other easement programs, may be considered certified under ACEP if they successfully meet program responsibilities. Requires USDA to review eligible entities every three years. Allows USDA to revoke certifications if found ineligible after review and a 180- day grace period to correct actions. (16 U.S.C. §3865b(b)(5))
Amends the certification process to minimize administrative burdens on USDA and to recognize the ability of experienced eligible entities to administer easements with minimal USDA oversight. Lowers the threshold for certification to five successful ALEs under ACEP for both land trusts and states. Expands certification eligibility considerations to entities that are not land trusts or states but have more than 10 successful ALEs under ACEP or other easement programs. Requires annual quality review of a sample set of eligible entities. (§2602(b)(4))
Wetland Reserve Easements (WREs). Permits ACEP WREs to enroll land to restore, protect, and enhance wetlands through 30-year easements, permanent easements, or 30-year contracts for Indian tribes. (16 U.S.C. §3865c(b)(1))
Expands eligibility of 30-year contracts to include socially disadvantaged farmers or ranchers. (§2603(a)(1))
No comparable provision. Allows USDA to evaluate and rank applications from socially disadvantaged farmers or ranchers separately from other applications. (§2603(a)(2))
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No comparable provision. Requires USDA to provide funding for repair, maintenance, and enhancement activities on existing WREs in accordance with a WRE plan. Prioritizes identified maintenance and management needs. Limits payments to 100% of the cost of the practice. Requires USDA to provide a report to Congress within two years of enactment on funds required and used under this provision. (§2603(c))
Technical assistance. USDA may use contracts with private entities or agreements with states, nongovernmental organizations, or Indian tribes to carry out restoration, enhancement, or maintenance of WREs. (16 U.S.C. §3865c(d))
Renames subsection to “Assistance.” Expands eligibility to federal and local agencies. Adds repair, assessment, and monitoring to the actions that could be carried out through a contract or agreement. (§2603(d))
Wetland reserve enhancement option. Authorizes USDA to conduct a WRE option (referred to as the Wetlands Reserve Enhancement Partnership, WREP), which uses agreements with states to leverage funds for high-priority wetlands projects. (16 U.S.C. §3865c(e))
Requires at least 15% of funds available to carry out ACEP WREs to be used for WREP. (§2603(e))
Administration. Allows USDA to modify or exchange any ACEP easement if no reasonable alternative exists, and the modification or exchange (1) results in a greater or equivalent conservation value, (2) results in a greater or equivalent economic value to the United States, (3) is consistent with the original intent of the easement and purposes of ACEP, and (4) is in the public interest and furthers the practical administration of ACEP. USDA may not increase payments due to modifications or exchanges. (16 U.S.C. §3865d(c)(2))
Separates the modification and exchange requirements into separate provisions. For modifications, removes the authority to modify an ACEP easement if no reasonable alternative exists and replaces it with a requirement that the modification supports the long- term agricultural viability of the farm and conservation values of the easement. Removes the allowance for the modification based on creating a greater or equivalent economic value to the United States. Allows modifications of an easement to make corrections, exercise reserved rights, and make changes based on water availability. Amends the limitation on increased payments if the modification would add acres to the easement. Adds that ACEP modifications may not be considered major federal actions under the National Environmental Policy Act (NEPA). Exchange requirements remain unchanged as a separate provision. (§2604(a)(1))
No comparable provision. Allows de minimis adjustments of ACEP easements if they further the practical administration of the programs and are not a subordination, modification, exchange, or termination. Defines de minimis adjustments to include typographical errors, minor changes in legal descriptions due to mapping errors, transfers of interest between eligible entities, changes to building envelope boundaries, access relocations, temporary work areas, and other adjustments determined necessary by USDA. (§2604(a)(2))
ACEP adjusted gross income (AGI). Limits eligibility for various USDA programs (including ACEP) to persons and legal entities whose AGI is no more than $900,000. (7 U.S.C. §1308-3a(b)(1))
Exempts ACEP from average AGI limits. (§2604(b))
Subtitle H – Forest Conservation Easement Program (FCEP)
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No directly comparable provision. HFRP assists private and tribal landowners in restoring and enhancing forest ecosystems for the purposes of species recovery, biodiversity improvement, and carbon sequestration enhancement as outlined in restoration plans. (16 U.S.C. §6571)
Establishment and Purpose. Creates a new forest conservation easement program that funds two types of easements: forest land easements and forest reserve easements. Forest land easements are similar to ALEs under ACEP. Forest reserve easements are similar to easements under HFRP, which would be repealed upon enactment (§2902). Authorizes FCEP to acquire easements for the purpose of protecting the sustainability of forest lands by limiting non-forest land uses, protecting and enhancing forest ecosystems and species habitat, and carrying out the purposes of HFRP prior to repeal. (§2701)
No directly comparable provision. HFRP defines acreage owned by Indian tribes as land held in trust by the United States for the benefit of Indian tribes or tribal members; land held by Indian tribes or individual Indians subject to federal restrictions; land subject to rights of use, occupancy, and benefit of certain Indian tribes; land held in fee title by an Indian tribe; land owned by a native corporation formed under §17 of the Indian Reorganization Act (25 U.S.C. §5124) or §8 of the Alaska Native Claims Settlement Act (43 U.S.C. §1607); or any combination thereof. (16 U.S.C. §6572(e)(2)(A))
Definitions. Defines terms used by FCEP, including Acreage owned by an Indian tribe means the same as under HFRP; Eligible entity means an agency of state or local government, Indian tribe, or eligible organization; Eligible land means private forest land or acreage owned by an Indian tribe that, if enrolled in either a forest land easement or forest reserve easement, would protect forest use and species habitat; Forest land easement means an easement that protects forest land use while maintaining working forest production in accordance with a forest management plan; Forest management plan means a forest stewardship plan or other plan developed by a third party or state forestry agency, as appropriate; Forest reserve easement means an easement that protects forest land use while maintaining working forest production, in accordance with a forest reserve easement plan; Program means FCEP; and Socially disadvantaged forest landowner means a forest landowner who is a member of a group that has been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. (§2701)
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No directly comparable provision. ACEP ALEs provide for the purchase of conservation easements through eligible entities by limiting the land’s nonagricultural uses. The federal cost may not exceed 50% of the fair market value of the easement. Grasslands of special environmental significance are allowed up to 75% of the fair market value for the federal share. Fair market value is determined through approved industry methods. The nonfederal portion can be cash, landowner donations, costs associated with the easement, or other costs determined by USDA. Requires the evaluation and ranking criteria for ALE applications to maximize the benefit of federal investment under ACEP. USDA must enter into agreements with eligible entities that have the authority and resources to enforce easements, polices, and procedures. Agreements with noncertified entities are three to five years in length, and they may use their own terms and conditions on approval. Substitution of qualified projects may be made if mutually agreed on. If an eligible entity violates the terms of the agreement, USDA may terminate the agreement and require a refund of any payments, plus interest. USDA must follow a certification process for eligible entities, including a periodic review. ALEs must be permanent or the maximum duration under state law. USDA may provide technical assistance on request. (16 U.S.C. §3865b)
Forest land easements. Authorizes FCEP to purchase forest land easements, support development of a forest management plan, and support technical assistance to implement the program. These new forest land easements are similar to ALEs under ACEP. Limits the federal share of an easement to 50% of the fair market value, or up to 75% of fair market value if it is owned by a socially disadvantaged forest landowner or is of special environmental significance. Sets requirements for the nonfederal portion used by the eligible entity and the fair market value determination methods to be similar to ACEP. Requires USDA to rank applications to maximize federal investment, with priority given to easements that will maintain working forest land and land with an existing forest management plan. Allows eligible entities to enter into cooperative agreements of three to five years in length with USDA. Requires the entities to hold, monitor, manage, and enforce the easements. Allows entities to use their own terms and conditions if USDA determines they are consistent with the purpose of the program, permit effective enforcement, include a forest management plan, limit impervious surfaces, and include a right of enforcement for USDA. Substitution and violation provisions are identical to ACEP. Allows forest management plans to be a reimbursable cost. Includes the same duration and technical assistance requirements as ALEs. (§2701)
No directly comparable provision. HFRP enrolls acres using 10-year agreements, 30-year easements, and permanent easements. Prioritizes first for endangered or threatened species listed under the Endangered Species Act (ESA, P.L. 93-205; 16 U.S.C. §1533) and second for candidate species for listing under ESA, state-listed species, special concern species, or species in greatest conservation need. (16 U.S.C. §6572(f)) Land enrolled in HFRP is subject to a restoration plan that includes practices that are necessary to restore and enhance species habitat. (16 U.S.C. §6573) Payment for a permanent easement under HFRP is 75%-100% of the fair market value of the land before the easement, less the value after the easement. Practice cost-share is 100%. For 30-year easements, payment is 75% the value of the easement and 75% of the practice costs. For 10-year agreements, payments are 50% of the lesser of the actual cost or average cost of the practices. (16 U.S.C. §6574) Requires USDA to provide technical assistance to landowners either directly or through third parties. (16 U.S.C. §6575) Land enrolled in HFRP may qualify for “safe harbor” protections if the land results in a net benefit for listed, candidate, or other species under ESA. (16 U.S.C. §6576) Allows USDA to consult with other federal and state agencies, nonprofit organizations, and nonindustrial private forest landowners under HFRP. (16 U.S.C. §6577)
Forest reserve easements. Authorizes forest reserve easements of 30 years and permanent (or maximum duration under state law) and 30-year contracts (tribes only). Forest reserve easements are similar to easements under HFRP, which would be repealed upon enactment (§2902). Limits 30-year easements to 10% of funds. Priority is nearly identical to that of HFRP. Requires easement terms to be consistent with the purpose of the program, and additional terms may be added at the landowner’s request. Payment for a permanent easement is similar to HFRP but at 100% of the fair market value. All nonpermanent easement payments are 50%-75% of the payment rate for a permanent easement. Forest reserve easement plans are similar to HFRP restoration plans. Cost-share for practices is 100% for permanent easements and 50%-75% for all other easements and contracts. Technical assistance requirements and safe harbor protections are similar to HFRP. Allows USDA to delegate management, monitoring, and enforcement responsibilities for easements to qualified federal or state agencies. Allows USDA to consult with agencies and organizations similar to those identified under HFRP. (§2701)
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H.R. 8467 as Ordered Reported by the Committee
No directly comparable provision. ACEP administration requirements outline ineligible land; application ranking priority; and requirements for subordination, exchange, modification, termination, and how land enrolled in other programs should be handled. Ineligible land includes land owned by the United States (not held in trust for Indian tribes), states, or local governments. The land may not be eligible if it currently has a similar easement or protection in place or where the easement could be undermined by other conditions (e.g., hazardous substance, rights of way). Prioritizes expiring CRP acres for ACEP easements. USDA may subordinate, exchange, modify, or terminate easements. Land enrolled in CRP may be modified or terminated if enrolled in ACEP. Land enrolled in previously repealed programs are considered enrolled in ACEP. (16 U.S.C. §3865d)
Administration. Defines ineligible land as similarly defined under ACEP. Allows USDA to subordinate, exchange, modify, or terminate easements in a manner similar to amendments made to ACEP requirements. Land enrolled in HFRP prior to repeal is considered enrolled in FCEP. (§2701)
Subtitle I – Regional Conservation Partnership Program (RCPP)
Establishment and purpose. The purpose of RCPP is to address resource concerns related to soil, water, wildlife, and agricultural land on a regional and watershed scale through grant agreements with eligible partners. (16 U.S.C. §3871(b)(2))
Adds the prevention of flooding and drought mitigation to the list of resource concerns eligible for RCPP. (§2801)
Definitions. Defines seven terms under RCPP, including covered program to include ACEP, EQIP, CSP, HFRP, CRP, and Watershed Operations. (16 U.S.C. §3871a(1))
Deletes HFRP from the list of covered programs and adds FCEP. (§2802)
Regional conservation partnerships. Authorizes USDA to enter into partnership agreements with eligible partners to carry out approved projects. (16 U.S.C. §3871b(a))
Requires partnership agreements be entered into within 180 days after selection. Limits the information required in the agreement. (§2803(a))
Requires USDA to establish program implementation timelines, identify state coordinators, provide assistance to partners, and ensure that activities achieve identified benefits. (16 U.S.C. §3871b(d))
Requires payments be made to eligible partners within 30 days of request. (§2803(b))
Assistance to producers. Allows USDA to enter into funding agreements directly with partners. Requires activities through these agreements to be carried out on a regional or watershed scale, such as infrastructure investment, restoration plan coordination with producers, innovative leveraging of federal and private funds, or other projects determined by USDA. Requires annual reports. (16 U.S.C. §3871c(d)(3))
Requires that under a funding agreement, at least 50% of the overall costs of the projects must be directly funded by the partner rather than as in-kind or a combination of in-kind and direct funding. (§2804)
Funding. Provides mandatory CCC funding of $300 million annually for FY2019-FY2031, to remain available until expended. (16 U.S.C. §3871d(a)-(b))
Deletes provision and makes conforming amendments with funding language being moved to an earlier section (see §2501(a)(5)) (§2805(a))
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Limits on administrative expenses—technical assistance. Excludes administrative expenses of eligible partners from coverage. Allows advanced funding for outreach activities and project development. Advanced funding for partners is to be used within 90 days. Requires USDA to limit costs associated with providing technical assistance with the program, publicly reporting technical assistance costs, and encouraging the use of third-party assistance providers. (16 U.S.C. §3871d(d)-(e))
Allows up to 10% of funds available for a project to be used to reimburse administrative expenses of the partner. Allows non-reimbursed expenses to count toward the partner’s required contribution. Removes the time limit for advanced funding. Requires USDA to provide a simplified process for fund reimbursement and advancement. (§2805(b)-(c))
Administration. Requires USDA to make information on selected projects publicly available. Requires a report to Congress every two years on the status of projects funded. Prohibits USDA from providing assistance to producers out of compliance with highly erodible cropland and wetlands conservation requirements. Requires USDA to conduct outreach for historically underserved producers and issue regulations for RCPP. (16 U.S.C. §3871e)
Requires reports to Congress be made publicly available. Requires the terms and conditions of a program contract to be consistent with that of the covered program. Allows USDA to adjust regulatory requirements but not statutory requirements. Allows USDA to waive selected ACEP land requirements and eligible entity certifications. Under EQIP, prohibits USDA from considering prior irrigation history when determining eligible land. Exempts terms and conditions for alternative funding agreements from consistency requirements. (§2806)
Critical Conservation Areas (CCAs). Requires USDA to use 50% of RCPP funds for partnership agreements in identified CCAs. Defines priority resource concern as a natural resource concern in a CCA that can be addressed through water quality and quantity improvement, wildlife habitat restoration, and other improvements determined by USDA. (16 U.S.C. §3871f(a)(2))
Adds wildlife connectivity and wildlife migration corridors to the definition of priority resource concern. (§2807)
Subtitle J – Repeals and Transitional Provisions
Farmable Wetland Program. A subprogram under CRP since 2008, the Farmable Wetland Program is authorized through FY2024 to enroll up to 750,000 acres of wetland and buffer acreage in CRP. Allows USDA to increase the number of acres enrolled in the Farmable Wetland Program by 200,000 additional acres. (16 U.S.C. §3831b; P.L. 118-22)
Repeals the subprogram with transitional provisions for existing contracts to remain in effect for the term of the contract using prior year funds. A one-year extension may be granted for contracts expiring on or before the end of FY2025. (§2901)
CLEAR 30. Using a water quality initiative, referred to as the Clean Lakes, Estuaries, and Rivers (CLEAR) initiative, the CRP CLEAR30 pilot program enrolls expiring CRP land into 30-year contracts. Limits enrollment by the overall CRP enrollment limit. (16 U.S.C. §3831c(a))
Repeals the pilot program with transitional provisions for existing contracts to remain in effect for the term of the contract using prior year funds. A one-year extension may be granted for contracts expiring on or before the end of FY2025. (§2901)
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Soil Health and Income Protection Pilot (SHIPP) Program. A pilot program under CRP, the SHIPP program removes less productive farmland from production in exchange for three to five years of annual rental payments and planting low-cost perennial cover crops. Limits eligible land to states selected in the “prairie pothole region” that is farmed but not enrolled in CRP in the previous three crop years and is considered to be the least productive on the farm. Limits enrollment to no more than 15% of a farm and no more than 50,000 acres of total CRP. (16 U.S.C. §3831c(b))
Repeals the pilot program with transitional provisions for existing contracts to remain in effect for the term of the contract using prior year funds. A one-year extension may be granted for contracts expiring on or before the end of FY2025. (§2901)
Healthy Forest Reserve Program (HFRP). HFRP assists private and tribal landowners in restoring and enhancing forest ecosystems for the purposes of species recovery, improving biodiversity, and enhancing carbon sequestration as outlined in restoration plans. (16 U.S.C. §6571)
Repeals HFRP with transitional provisions for existing contracts to remain in effect for the term of the contract using previously available funds or funds available under FCEP. (§2901)
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Table 4. Title III, Trade
Current Law/Policy
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Committee
Subtitle A – Food for Peace Act
Provision of agricultural commodities. Under Title II of the Food for Peace Act (P.L. 83-480; FFP Title II), the U.S. Agency for International Development (USAID) may provide agricultural commodities to meet emergency food needs through governments and public or private agencies, including intergovernmental organizations, “notwithstanding any other provisions of law.” Allows USAID to provide agricultural commodities for nonemergency assistance through eligible organizations, including private voluntary organizations or cooperatives and intergovernmental organizations. Limits certain funding sources for assessing donated food quality characteristics and other activities to $4.5 million annually through FY2024. (7 U.S.C. §1722; P.L. 118-22)
Amends authorization from “[n]otwithstanding any other provision of law” to “[n]otwithstanding any other provision of this Act” (i.e., FFP). Requires USAID to consult with USDA. Shifts determination of appropriate manner, terms, and conditions of agricultural commodity emergency food aid to USDA from USAID. Allows USAID to provide nonemergency assistance other than agricultural commodities. Adds nongovernmental organizations as eligible entities to receive nonemergency assistance. Requires at least 50% of the funds made available to USAID under FFP Title II to be used to procure U.S. agricultural commodities and provide their ocean transportation. Extends annual funding limit for assessing donated food quality characteristics and other activities through FY2029. (§3101)
Levels of assistance. Requires USAID to make at least 2.5 million metric tons of agricultural commodities available annually for food distribution, including at least 1.875 million metric tons for nonemergency food distribution through FY2024. (7 U.S.C. §1724; P.L. 118-22)
Repeals section. (§3102)
Food Aid Consultative Group. Terminates the group at the end of calendar year 2024. (7 U.S.C. §1725(f); P.L. 118-22)
Extends the authority of the Food Aid Consultative Group through calendar year 2029. (§3103)
Administration. Requires USAID to issue all necessary regulations and revisions to agency guidelines regarding changes in the operation or implementation of programs under FFP Title II no later than 270 days after the enactment of the 2018 farm bill. Allows USAID to use up to 1.5%, but not less than $17 million, of the funds available annually through FY2024 for FFP Title II to implement program oversight, monitoring, and evaluation. Not more than $500,000 is available for information technology systems maintenance. Not more than $8 million annually through FY2024 may be used for early warning assessments and systems to help prevent famines. (7 U.S.C. §1726a; P.L. 118-22)
Requires USAID to issue all necessary regulations and revisions to agency guidelines regarding changes in the operation or implementation of programs under FFP Title II within 270 days. Extends funding requirements for program oversight, monitoring, and evaluation through FY2029. (§3104)
International food relief partnership. Allows USAID to provide grants to prepare, stockpile, and distribute shelf-stable prepackaged foods for needy individuals in foreign countries. In addition to other available funding, authorizes appropriations of $10 million annually through FY2024, to remain available until expended. (7 U.S.C. §1726b; P.L. 118-22)
Removes authorization of appropriations. Requires at least $15 million of the funds made available to USAID for FFP Title II be made available for this program through FY2029, to remain available until expended. (§3105)
Use of Commodity Credit Corporation (CCC). Lists the specific costs associated with acquiring and distributing commodities under FFP Titles II and III that may be paid using CCC funds. (7 U.S.C. §1736(b))
Adds “all associated and incidental costs” of commodities available under FFP Titles II and III to the list of allowable costs. (§3106)
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Administrative provisions. Requires USAID to transfer, arrange transportation, and take other steps necessary to make available agricultural commodities under FFP Titles II and III. Allows USAID to use funds made available for FY2001-FY2024 to implement FFP Titles II and III to procure, transport, and store agricultural commodities for prepositioning. Limits funds to preposition commodities in foreign countries to $15 million annually through FY2024. Requires annual FFP reports to Congress. (7 U.S.C. §1736a; P.L. 118-22)
Extends authority and funding requirements for prepositioning of agricultural commodities through FY2029. Makes changes to the required annual report to Congress. Removes some specified topics and adds others. (§3107)
Expiration date. Prohibits new FFP agreements to finance sales or to provide assistance after calendar year 2024. (7 U.S.C. §1736b; P.L. 118-22)
Permits new agreements until the end of calendar year 2029. (§3108)
Minimum level of nonemergency food assistance. Requires at least $365 million be made available annually for nonemergency food assistance through FY2024. Limits funding for nonemergency food assistance to 30% of the total made available annually for FFP Title II through FY2024. (7 U.S.C. §1736f; P.L. 118-22)
Extends minimum and maximum funding levels for FFP Title II nonemergency food assistance through FY2029. Adds a new provision, “Minimum Levels of Funding to Address Child Wasting,” requiring a specified minimum amount to be made available annually for the procurement of ready-to-use therapeutic foods under certain circumstances. Defines minimum amount as $200 million, or a portion of that when annual FFP Title II funding is below $1.925 billion. (§3109)
Micronutrient fortification programs. Establishes programs to assist developing countries in correcting micronutrient dietary deficiencies and apply technologies and systems to ensure the quality, shelf life, bioavailability, and safety of fortified food aid. Terminates program at the end of FY2024. (7 U.S.C. §1736g-2; P.L. 118-22)
Terminates program at the end of FY2029. (§3110)
John Ogonowski and Doug Bereuter Farmer-to- Farmer (F2F) Program. Authorizes the F2F program to use individuals and groups from the U.S. agricultural sector to provide technical assistance to producers and farm organizations in qualifying countries to improve agricultural systems and to strengthen agricultural groups in those countries. (7 U.S.C. §1737; P.L. 118-22)
Extends current law and authorization of appropriations at current levels through FY2029. (§3111)
Subtitle B – Agricultural Trade Act of 1978
Foreign Market Development (FMD) Cooperator Program. Establishes the program to maintain and develop foreign markets for U.S. agricultural commodities, in cooperation with eligible trade organizations. Provides mandatory CCC funding of not less than $34.5 million annually through FY2024. (7 U.S.C. §5623(c); 5623(f)(3)(ii); P.L. 118-22)
Requires USDA, as part of a new FMD subprogram, to enter into contracts or other agreements with eligible trade organizations to enhance infrastructure capabilities in new and developing foreign markets to ensure U.S. agricultural commodities are not damaged or lost due to infrastructure deficiencies. Authorizes appropriations of $1 million annually through FY2029 for the subprogram. Specifies unused are available for the FMD program. (§3201(a))
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Annual report. Requires an annual USDA report to Congress on factors affecting the export of specialty crops, including trade barriers, and reasons for any unobligated funds provided to the Technical Assistance for Specialty Crops (TASC) export assistance program. (7 U.S.C. §5623(e)(7))
Changes report requirements. Requires USDA, in consultation with the Office of the U.S. Trade Representative (USTR), to submit to Congress every two years a public report on the competitiveness of U.S. specialty crops. Requires the report to identify foreign trade barriers and foreign countries’ domestic policies and practices that increase competitiveness with U.S. producers. Requires the report to include information about actions taken or expected to be taken by executive and legislative branches to address foreign trade barriers, policies, and practices. Requires reasons for any unobligated TASC funds. Requires USDA in coordination with USTR to seek and consider comments from the public and the Agricultural Technical Advisory Committee for Trade in Fruits and Vegetables for preparation of the report. (§3201(b))
Funding and administration. Provides mandatory CCC funding of $255 million annually for the agricultural trade promotion and facilitation programs and allocates not less than $200 million annually for the Market Access Program (MAP), not less than $34.5 million annually for the FMD program, not more than $8 million annually for the E (Kika) de la Garza Emerging Markets Program (EMP), $9 million annually for TASC, and $3.5 million annually for the Priority Trade Fund. Allows MAP and FMD funding to be used in Cuba but prohibits funding activities that contravene directives set by the National Security Presidential Memorandum “Strengthening the Policy of the United States Toward Cuba” during “the period in which that memorandum is in effect.” (7 U.S.C. §5623(f); P.L. 118-22)
Extends programs through FY2029. Increases mandatory CCC funding to $489.5 million annually for agricultural trade promotion and facilitation programs. Allocates not less than $400 million annually for MAP and not less than $69 million annually for the FMD program. Maintains funding requirements for the other noted programs. Changes the prohibition of MAP and FMD funding activities in Cuba set by the National Security Presidential Memorandum from “the period in which that memorandum is in effect” to “during the period in which the directives in such memorandum are in effect.” (§3201(c))
Prohibition on assistance to mink associations. Prohibits MAP from assisting any mink industry trade association. (7 U.S.C. §5623 note)
Repeals prohibition. (§3201(d))
Definitions. Defines terms used in the Agricultural Trade Act of 1978 (P.L. 95-501). (7 U.S.C. §5602)
Inserts and defines common name as a name that USDA determines is ordinarily or customarily used for an agricultural commodity or food product, is typically placed on the packaging and product label of the agricultural commodity or food product, and is consistent with standards of the Codex Alimentarius Commission. Adds to the definition of foreign country unfair trade practices, prohibiting or disallowing the use of the common name of a U.S. agricultural or food product. (§3202(a))
No comparable provision. Negotiations to defend the use of common names. Requires USDA to coordinate with USTR to secure the right of U.S. agricultural producers, processors, and exporters to use common names for agricultural commodities or food products in foreign markets through the negotiations of agreements, memoranda of understanding, or exchange of letters. Requires USDA and USTR to jointly brief Congress on their efforts and successes twice annually. (§3202b)
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Trade consultations and reporting. Subtitle B, Title IV, of the Agricultural Trade Act of 1978 (P.L. 95- 501) requires USDA to develop plans to alleviate the adverse impact of agricultural embargoes and imports in order to strengthen the U.S. economy. (7 U.S.C. §§5671 et seq.)
Interagency Seasonal and Perishable Fruits and Vegetable Working Group. Requires USDA’s Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs, USTR, the Secretary of Commerce, and heads of other federal agencies to jointly establish an interagency working group. It is to consult with the Agricultural Trade Advisory Committee, identify threats posed by imports, and make recommendations on programs or assistance USDA could provide producers of seasonal and perishable fruits and vegetables to address market impacts. (§3203)
Subtitle C – Other Agricultural Trade Laws
Biotechnology and Agricultural Trade Program. Establishes a program to provide grants to address significant, regulatory, nontariff barriers for U.S. agricultural exports through public and private sector projects, EMP, or the Cochran Fellowship Program. Authorizes appropriations of $2 million annually through FY2024. (7 U.S.C. §5679; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§3301)
Food for Progress (FFPr). Establishes FFPr, which requires USDA to enter into agreements with eligible entities to furnish agricultural commodities acquired by USDA or the CCC to developing countries and emerging democracies. Allows proceeds generated from the sale of agricultural commodities to be used for food assistance and development programs. Terminates the program on December 31, 2024. (7 U.S.C. §1736o; P.L. 118-22)
Extends FFPr through 2029. Requires USDA to enter into two or more agreements annually with two or more eligible entities to provide developing countries and emerging democracies with agricultural commodities acquired by USDA or the CCC. Removes the word “humanitarian” from program purposes and for costs incurred by eligible entities. (§3302)
Bill Emerson Humanitarian Trust (BEHT). Establishes BEHT, a trust of agricultural commodities or funds, to meet emergency humanitarian food needs in developing countries. Allows USAID to release the funds or commodities to provide food and cover costs under FFP to address emergencies. Terminates the program on September 30, 2024. (7 U.S.C. §1736f–1; P.L. 118-22)
Reauthorizes BEHT through FY2029. Increases the role of USDA in administrating BEHT. Makes USDA responsible for determining if funds and commodities held in the trust will be made immediately available for emergency needs, releasing such funds or commodities held in BEHT, and reimbursing the CCC for the release of eligible commodities. Requires USAID to provide program information to USDA to inform decisions related to the use of BEHT. (§3303)
Promotion of agricultural exports to emerging markets. Provides mandatory CCC funding of not less than $1 billion annually through FY2024 for direct credits or export credit guarantees for exports to emerging markets. Makes a portion of export credit guarantees available to establish or improve facilities and services for U.S. products. (7 U.S.C. §5622 note; P.L. 118-22)
Extends current law through FY2029. (§3304)
International Agricultural Education Fellowship Program. Establishes the fellowship program for eligible U.S. citizens to assist developing countries in establishing school-based agricultural education and youth extension programs. Allows the program to be contracted out to experienced outside organizations. Authorizes appropriations of $5 million annually through FY2024, to remain available until expended. (7 U.S.C. §3295; P.L. 118-22)
Extends the program through FY2029. Requires USDA, to the maximum extent possible, to implement fellowship programs in participating host countries no for less than three consecutive years and ensure contracts awarded to outside organizations are multi- year. (§3305)
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No comparable provision. International Agriculture Cultural Immersion and Exchange Program. Establishes the exchange program for eligible U.S. citizens and eligible foreign residents aged 19-30 years for the purpose of developing globally minded U.S. citizens and strengthening trade in agricultural, food, nutrition, and environmental industries. Requires USDA to enter into a cooperative agreement with an experienced nonprofit organization. Authorizes appropriations of $10 million annually through FY2029. (§3306)
International food security technical assistance. Requires USDA to compile and make available information on the improvement of international food security. Authorizes USDA to provide technical assistance to implement programs for the improvement of international food security. Authorizes appropriations of $1 million annually through FY2024. (7 U.S.C. §1736dd)
Reauthorizes appropriations at current levels through FY2029. (§3307)
McGovern-Dole International Food for Education and Child Nutrition Program. Establishes the program to procure agricultural commodities and provide financial and technical assistance for education and child nutrition programs in foreign countries. Limits funds available for purchase of agricultural commodities produced in recipient countries or developing countries in the same region to 10% of program funding. Authorizes appropriations of such sums as necessary through FY2024. (7 U.S.C. §1736o-1; P.L. 118-22)
Extends the program and reauthorizes appropriations at current levels through FY2029. Allows “lower- middle” income recipient countries to be eligible for USDA payment for commodity transportation, storage, and handling costs. Requires at least 8% but no more than 15% of program funds to be used to purchase agricultural commodities produced in recipient countries or developing countries in the same region. (§3308)
Global Crop Diversity Trust. Requires USAID to contribute funds to the trust to assist in the conservation of genetic diversity in food crops through the collection and storage of the food crop germplasm. Limits federal government contributions to the trust to 33% of total funds contributed to the trust from all sources. Limits federal government contributions to $5.5 million annually through FY2024. Authorizes appropriations of $60 million for FY2014-FY2024. (22 U.S.C. §2220a note; P.L. 118-22)
Limits the aggregate federal government contribution to the trust for FY2025-FY2029 to no more than 33% of the total amount of funds contributed from all sources and for all purposes. Limits federal government contributions to $5.5 million annually through FY2029. Authorizes appropriations of $60 million total for FY2014-FY2029. (§3309)
Local and regional food aid procurement projects. Requires USDA to provide grants or enter into cooperative agreements with eligible organizations to carry out field-based projects consisting of local or regional procurement of eligible commodities to respond to food crises and disasters. Authorizes appropriations of $80 million annually through FY2024. (7 U.S.C. §1726c; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§3310)
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No comparable provision. Agricultural Trade Enforcement Task Force. Requires the President to establish the task force within 30 days of enactment. The task force is to include members from USDA’s Foreign Agricultural Service, USTR, and other federal agencies as needed. Requires the task force to identify trade barriers for U.S. agricultural exports that are vulnerable to dispute settlement, develop and implement a strategy to enforce trade agreement violations, identify like-minded trading partners as potential participants in disputes, and report to Congress quarterly on progress toward resolving cases or filing disputes. Requires the task force to regularly consult with private sector stakeholders, including the agricultural trade advisory committees, federal departments and agencies not part of the task force, and like-minded trading partners. Requires a report to Congress within 90 days and on a quarterly basis thereafter including information on significant trade barriers, progress on developing dispute settlement cases, and the current status of ongoing disputes registered with the World Trade Organization (WTO). Requires a plan to file a request for a WTO dispute settlement process for consultations to address India’s minimum price supports. Requires USTR and USDA to brief Congress on the task force. (§3311)
Additional U.S. Notes to Chapter 24 of the Harmonized Tariff Schedule of the United States (HTSUS). Certain tobacco imports during the annual period from September 13 to September 12 may enter into the United States at lower in-quota duty rates under specified quantities from certain countries or all other countries with an overall in-quota quantity total of 150.7 thousand metric tons. (Not codified in U.S.C.; HTSUS Chapter 24, Additional Notes)
Modification to Tobacco Tariff Quota. Requires USDA, starting in September 13, 2024, to establish an annual in-quota quantity total for certain tobacco imports that takes into account U.S. production and needs. (Section not specified)
No comparable provision. Report on international shrimp trade. Requires the Government Accountability Office to submit to Congress, within 180 days, a report examining policy options available to USDA to boost the competitiveness of domestic shrimp in global and domestic markets. (Section not specified)
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Table 5. Title IV, Nutrition
Current Law/Policy
H.R. 8467 as Ordered Reported by the
Committee
Subtitle A – Supplemental Nutrition Assistance Program (SNAP)
Declaration of policy. Lists the findings of Congress and the purposes of SNAP in response to findings. Includes “[i]t is … the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households.” Finds that limited food purchasing power contributed to hunger and malnutrition in low-income households and that increasing “utilization of food” also benefits the nation’s agricultural and marketing industry. Authorizes SNAP to alleviate such hunger and malnutrition via increased purchasing power through normal channels of trade. The Fiscal Responsibility Act of 2023 (P.L. 118-5, §313) adds program purposes related to obtaining employment and increasing earnings. (7 U.S.C. §2011)
Adds that Congress recognizes that SNAP allows low- income households to obtain food that supports the prevention of diet-related chronic disease (e.g., diabetes), disability, premature death, unsustainable health care costs, and the undermining of military readiness. Adds that it is the policy of Congress that USDA should administer SNAP in a manner that provides participants, especially children, access to a variety of foods essential to optimal health and well- being. (§4101)
Food Distribution Program for Indian Reservations (FDPIR). For the most part, FDPIR state and tribal agencies exclusively distribute USDA Foods (commodity foods purchased by USDA) to eligible low-income households. The 2018 farm bill established a demonstration project for one or more tribal organizations to enter into self-determination contracts for tribes to purchase commodities for FDPIR, subject to the availability of discretionary appropriations (authorized $5 million, to be available until expended). (7 U.S.C. §2013(b); P.L. 115-334, §4003)
Requires USDA to enter into self-determination contracts “with Indian Tribes and Tribal organizations, on the request of any Indian Tribe by Tribal resolution, to plan, conduct, and administer any function, service, or activity of” the program authorized by 7 U.S.C. §2013(b) (FDPIR). (§4102(a))
Authorizes $5 million in discretionary funding for a FDPIR traditional and locally grown food fund through 2024. (7 U.S.C. §2013(b); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§4102(b))
Selected income and resource exclusions. Excludes income earned by an elementary or secondary school student in a household who is 17 years of age or under according to SNAP eligibility calculations. Does not exclude income earned by participating in a SNAP employment and training (E&T) program or in most workforce development programs from counting toward SNAP income or resource limits. “Earnings to individuals participating in on-the-job training under title I of such Act” are considered earned income (wages and self-employment income that benefit from the earned income deduction [see below]), except for dependents less than 19 years of age. (7 U.S.C. §2014(d)(7), (d)-(e), (l))
Amends the youth income exclusion to exclude income earned by such a student 21 years of age or under. Excludes from counted SNAP income any payment, income, allowance, or earnings made to household members from workforce development programs for adults, youth, and dislocated workers under the Workforce Innovation and Opportunity Act (WIOA), a SNAP E&T program, vocational rehabilitation, other state workforce programs, and refugee employment programs. (§4103(a)) Excludes this list of four from counting as resources. (§4103(c)) Eliminates the earned income treatment of on-the-job training authorized by Title I of WIOA. (§4103(b))
Earned income deduction. Applicants with earned income (i.e., wages or self-employment income) are to have 20% of that income deducted from their gross income for net income eligibility and benefit calculations. (7 U.S.C. §2014(e)(2))
Raises the earned income deduction from 20% to 22% of earnings. (§4104)
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Committee
SNAP employment and training referrals. States may choose to make enrollment in E&T services mandatory or voluntary for SNAP participants. Requires states to use state merit system personnel to conduct SNAP certification interviews and make final decisions on eligibility determinations (see also USDA Food and Nutrition Service [FNS], Supplemental Nutrition Assistance Program—Use of Nonmerit Personnel in SNAP Administration, March 20, 2024). (7 U.S.C. §2016(d)(1)(A)(ii); 7 U.S.C. §2020(e)(6))
Allows states to use personnel that do not meet the merit system requirements “to screen the [voluntary] recipient for appropriateness for participation in the service program.” (§4105)
Electronic Benefits Transfer (EBT) fees. Through FY2024, bars a state or an agent or contractor of the state from charging any fee for switching or routing SNAP benefits. Switching is defined as “routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an [EBT] card in one State to the issuer of the card that may be in the same or different State.” (7 U.S.C. §2016(f)(13); P.L. 118- 22)
Removes the fiscal year limit to the prohibition of fees. Adds that the prohibition does not apply to costs associated with equipment rentals. (§4106)
No comparable provision. Prohibition on Benefit Redemption by Owners of Retail Food Stores. Owners that receive SNAP benefits are prohibited from redeeming their benefits at the stores they own. Retail food cooperatives are exempt from prohibition. (§4107)
No comparable provision. SNAP benefit transfer transaction data report. Requires USDA, at least every two years, to “collect a statistically significant sample of transaction data consisting of an aggregation of costs and a description of items purchased for all customers including those using [SNAP] benefits” and make a summarized report of such aggregated data available to the public. The provision includes other specifications and restrictions, such as requiring retail food store confidentiality. (§4108)
State plans. Requires SNAP state agencies to submit for USDA approval a plan of operation specifying the manner in which its program will be conducted within the state in every political subdivision. (7 U.S.C. §2016(d))
Requires USDA to “maintain a publicly available database of the parts of each [s]tate agency approved plan of operation.” USDA is to establish this not later than 180 days after the enactment of the bill. (§4109)
National Accuracy Clearinghouse (NAC). Following an interstate pilot program to check for duplicative interstate issuance of SNAP benefits, the 2018 farm bill (P.L. 115-334) required the establishment of NAC to identify concurrent SNAP enrollment in multiple states and required state action on information that could change benefit amounts. Requires state agencies to make available to NAC only such information as is necessary. USDA implemented the provision with an interim final rule in October 2022. (7 U.S.C. §2020(x); 7 C.F.R. §272.18)
Adds additional requirements for the implementation of NAC. Amends “interstate data system” to “centralized national data system.” Requires state agencies to make specific types of information available to NAC (e.g., social security number and the amount of income and whether earned or unearned). Requires USDA to enter into a contract with a single national contractor. Requires USDA to withdraw regulations and issue new regulations within six months after enactment of this bill. Replaces certain privacy safeguards with requirements for USDA and states to undertake particular matching actions. (§4110)
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SNAP staffing. Requires states to use state merit system personnel to conduct SNAP certification interviews and make final decisions on eligibility determinations. A “major change in operations” triggers a review by USDA (see USDA FNS Memo, Supplemental Nutrition Assistance Program—Use of Nonmerit Personnel in SNAP Administration, March 20, 2024). (7 U.S.C. §2020(e)(6); 7 U.S.C. §2020(a)(4))
Makes private contracting authority available when a state experiences an increase in SNAP applications or an inability to timely process such applications due to causes including but not limited to pandemics and other health emergencies; seasonal workforce cycles; temporary staffing shortages; and weather or other natural disasters. Allows state agencies to hire contractors to undertake SNAP certification or carry out any other state agency function so long as certain federal contracting and incentive standards are met. Requires states to notify USDA of their intentions to use this authority and USDA to publish on the agency website (within 10 days) such notifications. Use of this private contracting authority shall not be considered a major change in operations. Certain rules apply if this authority is used in response to a temporary staffing shortage. Requires USDA to submit a report to Congress annually. (§4111)
Administrative processes for SNAP retailer penalties. A retail food store authorized to accept SNAP benefits may be disqualified from the program, assessed a civil penalty, or both, if the store violates SNAP law. (7 U.S.C. §2021(a)) When denying an application for authorization or issuing a sanction for failure to follow rules, USDA is required to provide the retailer or state agency involved a notice “by any form of delivery that the Secretary determines will provide evidence of the delivery.” Stores, concerns, or state agencies, if aggrieved by USDA’s denial or discipline, may submit a written request to support their position within 10 days of the delivered notice. Without submitting a request for an opportunity to submit information, the USDA decision is final. If a request is made, it shall be reviewed by one or more persons designated by USDA who are required to make a determination (subject to judicial review), which shall take effect 30 days after the final notice of the determination. (7 U.S.C. §2023(a)(1)-(5))
Amends rights and processes when a retail food store or wholesale food concern is denied, disqualified, or disciplined. Requires the notices be delivered by email to each of the firm’s owners, officers, and managers and allows aggrieved parties to submit information in support of their position within 30 days of the notification delivery date. Adds that without such a request for an opportunity to submit information, the determination is final, subject to the provisions of judicial review. When a request is submitted, requires review within 60 days of the store’s response. Requires the agency to bear the burden of proof of establishing that the denial, withdrawal, or disqualification is based on a preponderance of the evidence. Upon the store’s request, the agency shall produce, within 10 days, all records reviewed or relied on. Requires USDA to conduct a study and submit a report to Congress not later than 180 days after the enactment of this bill. (§4112)
Percentage of recovered funds retained by states. State agencies establish and collect claims against recipients who traffic SNAP benefits. If a state agency collects on a claim resulting from fraud, such as recipient trafficking or recipient application fraud, the state agency is entitled to retain 35% of the amount collected. (7 U.S.C. §2025(a))
Increases the percentage of collected claims the state agency is entitled to retain from 35% to 50%. Allows states to use amounts collected only for SNAP, including investments in technology and other actions to prevent fraud. (§4113)
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SNAP Quality Control (QC). SNAP QC measures improper payments in SNAP by comparing estimated overpayments and underpayments that exceed the error tolerance level or threshold with total benefits issued. Estimated error rates are used as a basis for calculating state award and liability amounts depending on high or low performance. Errors are estimated using a sample of each state’s SNAP cases. Via statute and regulation, the error threshold amount has changed over the years. Since FY2014, the QC error threshold has been set in statute at $37 (with annual inflation adjustment). (7 U.S.C. §2025(c))
Reduces the QC tolerance level from $37 to $0 for FY2025 and subsequent years. (§4114)
Beyond regulations, USDA regularly issues policy guidance for SNAP state agencies.
Requires USDA to provide notice and make available for public comment (for at least 60 days) any “new or updated guidance proposing substantive changes for conducting quality control reviews” before finalizing such guidance. Defines the scope of such proposed guidance and allows an exception in the case of “an urgent and immediate need.” (§4115)
No comparable provision. Office of Program Integrity. Establishes such office within USDA’s FNS not later than 18 months after enactment. Establishes a process for appointing the director, the office mission, duties of the director, and the office’s collaboration with other entities. Requires annual reports to Congress and collaboration with other federal departments and agencies with similar offices or functions to identify and incorporate best practices. (§4116)
Authorization of appropriations. Authorizes appropriations for SNAP and related programs through FY2024. (7 U.S.C. §2027(a); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§4117)
Community Food Projects. Permanently authorizes a competitive grant program for eligible nonprofit organizations to improve community access to food. Grants require 50% in matching funds. For FY2019 and each year thereafter, provides $5 million annually in mandatory funding for this purpose. (7 U.S.C. §2034)
For FY2025 and each fiscal year thereafter, increases mandatory funding to $10 million annually. (§4118)
The Emergency Food Assistance Program (TEFAP). All states and territories receive entitlement commodity funding that they can use to select federally purchased USDA Foods; they cannot receive any cash-in-lieu of USDA Foods. (7 U.S.C. §§7501 et seq.)
Allows Alaska, Hawaii, and specified U.S. territories to opt to receive cash for commodity purchases in lieu of USDA-purchased TEFAP entitlement commodities. (§4119)
From amounts made available annually in the SNAP account, instructs USDA to use $250 million in FY2009 and that amount adjusted per the Thrifty Food Plan (TFP) each year thereafter through FY2023 for TEFAP entitlement commodities. In FY2023, current law provides an additional $35 million for TEFAP entitlement commodities, which is provided and adjusted annually per the TFP each year thereafter. (7 U.S.C. §2036(a))
Extends TEFAP’s entitlement commodity funding of $250 million in FY2009, adjusted per the TFP annually through FY2025, and provides an additional amount of $40 million for FY2025 (a $5 million increase over FY2023), which would be provided each year thereafter, adjusted annually per the TFP. (§4119)
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Provides $4 million for TEFAP Farm to Food Bank Projects in each of FY2019-FY2024. (7 U.S.C. §7507(d))
Provides $6 million in annual funding for TEFAP Farm to Food Bank Projects for each of FY2025-FY2029. (§4119)
Authorizes appropriations of $100 million annually (no expiration date) for administrative funds for TEFAP state agencies. (7 U.S.C. §7508)
Authorizes appropriations of $200 million annually (no expiration date) for administrative funds for TEFAP state agencies. (§4119)
Authorizes appropriations of $15 million for TEFAP infrastructure grants (not currently funded). (7 U.S.C. §7511a)
Extends the authorization of appropriations for TEFAP infrastructure grants through FY2029. (§4119)
Nutrition Education and Obesity Prevention Grant Program. Allows SNAP state agencies to deliver nutrition education and obesity prevention services directly to eligible individuals or through agreements with other state or local agencies or community organizations. To operate this program, SNAP state agencies must submit a state plan to USDA for approval. Provides FY2015 mandatory funding of $407 million and adjusts that amount in each subsequent year for inflation using the Consumer Price Index for All Urban Consumers. USDA received $524 million in FY2024 and an estimated $534 million in FY2025 in the President’s budget request. (7 U.S.C. §2036a)
Specifies that state agencies may additionally deliver services through schools or the Reserve Officers’ Training Corps. Amends requirements for state plans to include how the projects will reach a broad age range as well as evaluation plans. Requires project recipients to use not less than 5% of funds received for process and impact evaluations. Provides $521 million in FY2025 and adjusts that amount in each subsequent year for inflation. Requires FNS, in consultation with USDA’s National Institute of Food and Agriculture (NIFA) and the Department of Health and Human Services (HHS), to issue recommendations to Congress on how to unify SNAP Nutrition Education with NIFA’s Expanded Food and Nutrition Education Program (not later than three years after enactment); recommendations must consider the policy options described in a Government Accountability Office (GAO) report required by the provision (not later than two years after enactment). (§4120)
Retail food store and recipient trafficking grants. Provides additional grant funding to track and prevent SNAP trafficking: $15 million in mandatory funding in FY2014, which was available until expended, and discretionary appropriations of up to $5 million through FY2024. (7 U.S.C. §2036b; P.L. 118-22)
Extends authorization of appropriations for discretionary funding through FY2029. (§4121)
Denial of benefits for certain drug-related convictions. A statutory drug felon ban bars states from providing SNAP and Temporary Assistance for Needy Families (TANF) to persons convicted of a drug- related felony and allows states to opt out of or modify the ban by enacting state legislation. (21 U.S.C. §862a) Comparable treatment for disqualification. Allows state to choose to impose disqualification on a SNAP household member if the household member is disqualified from TANF. (7 U.S.C. §2016(i))
Removes drug felony convictions as a basis for disqualification from SNAP. Makes it no longer an option for a state to ban such individuals or enact a modified ban. Amends a comparable disqualification policy to not allow the remaining drug felony disqualification from TANF to allow states to disqualify individuals from SNAP. (§4122)
Residents of institutions. Generally, individuals in jails, prisons, and other institutions are not eligible for SNAP benefits. States may request “prisoner pre- release application filing” waivers from USDA. (7 U.S.C. §2012(m))
Includes “incarcerated individuals who are scheduled to be released from an institution within 30 days” in the definition of SNAP household. (§4123)
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Consolidated block grants for Puerto Rico and American Samoa. In lieu of participation in SNAP, Puerto Rico and American Samoa receive mandatory Nutrition Assistance Block Grant funding to provide food assistance in their jurisdictions. The amount of funding is a FY2003 base of $1,401,000,000 adjusted each year for food inflation using the rate of change for the TFP. The funding amount is divided among the two jurisdictions: 99.6% for Puerto Rico and 0.4% for American Samoa. In FY2024, the total amount provided was $2,942,100,000. (7 U.S.C. §2028; P.L. 118-42)
Increases the base funding to $3,045,758,000 in FY2025 and retains the annual inflation adjustment. (§4124)
Under USDA’s demonstration project authority, USDA administers two demonstration projects focused on streamlining access to SNAP for older adults (aged 60 and older): the Elderly Simplified Application Project (ESAP) and the Standard Medical Deduction (SMD). ESAP waives the recertification interview requirement, allows for greater flexibility in verification, and extends the certification period to 36 months (usually 24 months for seniors). SMD simplifies the excess medical expense deduction by allowing a standard deduction to replace seniors accounting for all expenses. (7 U.S.C. §2026(b))
Elderly Simplified Applicant Program. Not later than 180 days after the effective date of this section, requires USDA to establish the “elderly simplified application program” or “ESAP,” under which a SNAP state agency “may elect to implement a streamlined application and certification process” for households composed entirely of adult elderly or disabled members with no earned income. Provides 36-month certification periods for ESAP participants. Requires states to use data matching for income verification and household size; allow self-declaration of certain other information as specified; and establish accountability and fraud measures. Prohibits states from requiring an interview in the recertification of ESAP households. Requires FNS to develop specified guidance for states in consultation with states before establishing ESAP. (§4125)
EBT benefit fraud prevention. The Consolidated Appropriations Act, Title IV, §501 (P.L. 117-328), included policies to reduce fraud, particularly theft of benefits, including through card skimming, card cloning, and other similar fraudulent means, and, to some extent, replace stolen SNAP benefits. Provisions do not include anything explicitly targeted to out-of-state use of benefits. Interoperability and portability of EBT transactions. Requires SNAP’s EBT system to be interoperable, allowing SNAP benefits to be redeemed at any SNAP-authorized retailer, including in another state. (7 U.S.C. §2016(j))
Requires the SNAP state agency to “review and, where appropriate, suspend” the accounts of households for which “EBT card transactions” are made exclusively out-of-state for more than 90 days until the household provides substantiating evidence that the members of the household who are program participants still reside in the state from which they receive benefits or an inquiry is conducted to conclusively determine this. (§4126)
National Directory of New Hires (NDNH). Added by the 2014 farm bill (P.L. 113-79, §4013) as part of each state plan, requires SNAP state agencies to data-match with NDNH for eligibility and benefit calculations. (7 U.S.C. §2020(e)(24))
Strikes the requirement that SNAP state agencies data- match with NDNH for eligibility and benefit calculations. (§4127)
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No comparable provision. Food security and diet quality report. Requires USDA to submit a report to Congress not later than one year after the effective date of this section that includes “an analysis of the food security and diet quality of participants and nonparticipants in [SNAP]”; “a summary of legislative and [e]xecutive branch changes made to [SNAP] in the year covered by the report that are intended to improve food security and diet quality”; “an analysis of the impact and effectiveness of those changes on food security and diet quality”; and “recommendations to the Congress on how to improve food security and diet quality for participants and nonparticipants in [SNAP].” (§4128)
Prohibition on SNAP purchases of hot foods. In general, SNAP benefits may be redeemed for any foods for home preparation and consumption. SNAP benefits may not be redeemed for alcohol, tobacco, or “hot foods or hot food products ready for immediate consumption.” There are exceptions to the hot foods prohibition for certain meal service programs and the state-option restaurant meals program. (7 U.S.C. §2012(k))
Requires USDA to contract with National Academies of Sciences, Engineering, and Medicine (NASEM) to carry out a study to assess the efficacy of allowing hot foods or hot food products ready for immediate consumption to be purchased with SNAP benefits. The study is required to include specific assessments, including available data, households’ diet quality, and households’ food access. Requires NASEM to submit a report to Congress, within one year of enactment, on the study to determine “whether a pilot program for the termination of the prohibition on hot foods or hot food products for immediate consumption is warranted.” Provides mandatory Commodity Credit Corporation (CCC) funding of $1 million, to remain available until expended. (§4129)
Subtitle B – Commodity Distribution Programs
Senior Farmers Market Nutrition Program (SFMNP). Provides $20.6 million in annual mandatory funding from the CCC through FY2024. Program provides benefits redeemable for “fresh, nutritious, unprepared, locally grown fruits, vegetables, honey, and herbs from farmers’ markets, roadside stands, and community supported agriculture programs to low- income seniors.” (7 U.S.C. §3007; P.L. 118-22)
Increases annual CCC mandatory funding from $20.6 to $22.6 million. Extends the program through FY2029. Adds maple syrup to eligible SFMNP foods. (§4201(a)- (b))
Commodity Distribution Program. Authorizes purchase and distributions of agricultural commodities through FY2024. (7 U.S.C. §612c; P.L. 118-22)
Extends current law through FY2029. (§4201(c))
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Commodity Supplemental Food Program (CSFP). State and local agencies distribute USDA commodity foods to low-income seniors (60 years of age or older). Various program authorities expire at the end of FY2024. Under regulation, social security benefits are counted in determining income eligibility. (7 U.S.C. §612c note; P.L. 118-22; 7 C.F.R. §246.7(d)(2)(ii))
Extends authorities through FY2029. Excludes Medicare Part B premiums deducted from social security from counting toward CSFP income eligibility. Authorizes a competitive grant pilot program “for the operation of projects that increase the access of low- income elderly persons to commodities through home delivery or other means and to evaluate such projects.” Requires USDA to award grants, on a competitive basis, to CSFP state agencies or to state agencies on behalf of local or sub-distributing CSFP agencies. Requires states awarded grants to prioritize entities that serve participants residing in rural areas. Requires state agency awardees to submit a report to USDA according to specifications. Authorizes appropriations of $10 million annually through FY2029, to remain available until expended. (§4202)
Distribution of surplus commodities to special nutrition projects; reprocessing agreements. When bonus commodities are made available to nutrition assistance programs, requires USDA to encourage further processing into end-use products by private companies. Requires recipient agencies to bear any costs of such processing. Authorized through the end of FY2024. (7 U.S.C. §1431e(a); P.L. 118-22)
Extends current law through FY2029. (§4203)
Authorizes Indian tribal organizations to administer CSFP projects (7 C.F.R. §246.2 “State agency”). All CSFP projects distribute foods purchased by USDA. (7 U.S.C. §612c note (d))
CSFP Demonstration Project for tribal organizations. Requires USDA to establish a demonstration project under which one or more tribal organizations may enter into self-determination contracts to purchase agriculture commodities for CSFP. Includes requirements for participating tribes and procured commodities (e.g., must be domestically produced). Requires USDA to submit a report to Congress not later than one year after the date on which funds are appropriated. Authorizes appropriations of $5 million, to remain available until expended. (§4204(a)) Requires USDA to appoint an existing office of the USDA to administer tribal self-determination contracts (including but not limited to awarding FNS program contracts). Authorizes appropriations of $1.2 million annually through FY2029 for the payment of USDA contract officers and program staff salaries. (§4204(b))
Subtitle C – Miscellaneous
Purchase of fresh fruits and vegetables for distribution to schools and service institutions. Of a required $200 million in annual specialty crop purchases under Section 32, USDA must use at least $50 million in each of FY2008-FY2023 for fresh fruit and vegetable purchases for distribution to schools and other service institutions participating in child nutrition programs. (7 U.S.C. §612c-4(b))
Extends current law through FY2029. (§4301)
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No comparable provision. A previous food box program (the Farmers to Families Food Box Program) operated under various Coronavirus Disease 2019 (COVID-19) response authorities, including P.L. 116-127, P.L. 116-136, and P.L. 116-260 (Division N). Administered by the Agricultural Marketing Service (AMS), the program procured family-sized food boxes from private suppliers/distributors for distribution to local nonprofit and/or governmental organizations serving individuals and families in need of food. Contents of the boxes differed over time but included fresh fruit and vegetables, dairy products, precooked meats, and seafood.
Food box pilot program. Establishes a food box pilot program with $100 million in mandatory CCC funding annually for FY2025 and FY2026. Administered by AMS in consultation with FNS, the pilot program funds up to 20 projects in which eligible entities (including small- and medium-sized farmers, distributors with demonstrated capacity to source from small- and medium-sized farmers, and recipient and nonprofit organizations with expertise in food distribution) procure and distribute food boxes to food insecure households or organizations serving such households. Food boxes are to contain staple foods (defined as “meat, poultry, or fish; bread or cereals; vegetables or fruits; and dairy products”) that align with dietary patterns established in the most recent Dietary Guidelines for Americans (DGA). Requires AMS to award contracts within 270 days of enactment. (§4302)
No comparable provision. Nutrition standards for food distribution programs. Requires USDA to promulgate regulations creating nutrition guidelines for three food distribution programs—CSFP, TEFAP, and FDPIR—within 120 days of enactment. Such guidelines must ensure that foods distributed through the programs are consistent with the goals of the most recent DGA and “designed to meet the quantitative recommendations of such Guidelines.” They must also reflect the different cultural and religious dietary needs of the populations being served. (§4303)
Student eligibility for SNAP. In many cases, higher education students, between ages 18 and 50, are ineligible for SNAP. A student enrolled in an institution of higher education more than half-time is eligible for SNAP benefits only if the individual meets certain conditions. One of those conditions is the student is employed at least 20 hours per week or participates in a state or federally financed work-study program during the school year. During the COVID-19 pandemic, a more permissive student eligibility policy was in place. (7 U.S.C. §2015(e); P.L. 116-260, Division N, Title VII, §702(e))
Requires USDA to issue guidance to SNAP state agencies on how to identify and notify students receiving federal work-study assistance who are likely to qualify for SNAP. (§4304)
Buy American in school meals programs. School food authorities located in the 48 contiguous states that participate in the National School Lunch Program (NSLP), the School Breakfast Program (SBP), or both must purchase domestic commodities or products to the maximum extent practicable. Current law does not define maximum extent practicable; however, recent USDA regulations institute a 10% cap on nondomestic purchases beginning in school year 2025-2026, an 8% cap beginning in school year 2028-2029, and a 5% cap beginning in school year 2031-2032. Items must meet certain product availability, cost constraints, or both for schools to use such exemptions. (42 U.S.C. §1760(n))
Institutes a 5% cap on nondomestic purchases starting the school year after enactment (for school food authorities in the 48 contiguous states participating in NSLP, SBP, or both). “Domestically unavailable food articles” on a list determined by USDA (and revisited at least once every two years) do not count toward the cap. The 5% cap applies “with respect to each food purchase category designated by [AMS]” (e.g., fruits, vegetables, beef, dairy products) in contrast to the total limit across food categories in current regulations. Prohibits school food authorities from purchasing raw or processed poultry products or seafood from China or Russia. (§4305)
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Gus Schumacher Nutrition Incentive Program (GusNIP). GusNIP awards competitive grants for nutrition incentive projects (bonus incentives awarded for SNAP purchases of fruits and vegetables) and produce prescription projects (fresh fruits and vegetables for specified low-income individuals with or at risk for diet- related disease). Authorizes and funds one or more Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers. Requires nutrition incentive grantees, with the exception of tribal organizations, to provide matching funds.
Amends the nutrition incentive matching funds provision to allow USDA to waive matching requirements for “persistent poverty counties.”
Nutrition incentive projects priority criteria are listed in statute, with USDA’s request for applications providing additional prioritization criteria. Requires produce prescription projects to provide fresh fruits and vegetables.
Adds a priority that nutrition incentive projects “increase year-round availability of incentives by offering all forms of fruits and vegetables.” Strikes the produce prescription fresh requirement; requires a grantee to prescribe “all forms of fruits, vegetables, and legumes.”
NIFA (in consultation with FNS) administers all of GusNIP. No sunset date for the produce prescription authority.
Directs GAO to finalize and submit a report to Congress, not later than 18 months after enactment, that examines policy options related to the transition of the GusNIP produce prescription program from USDA to HHS. Directs USDA, in consultation with HHS, to issue recommendations to Congress, within two years of enactment, on this transition. Requires USDA and HHS to consider the policy options described in the GAO report. Terminates the authority to carry out the produce prescription grants on September 30, 2029.
Provides mandatory CCC funding as follows: $45 million for FY2019, $48 million for each of FY2020 and FY2021, $53 million for FY2022, and $56 million for FY2023 and each year thereafter. Authorizes $50 million per year in discretionary funding (FY2014- FY2024). Within each year of funding for FY2019- FY2024, USDA shall use not more than 10% for the produce prescription program and not more than 8% for NIFA and FNS administration. For Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers, funding is $17 million for FY2019-FY2020 jointly and $7 million each year for FY2021-FY2024. (7 U.S.C. §7517; P.L. 118- 22)
Increases mandatory CCC funding from $56 million to $75 million for FY2025 and each year thereafter. Extends discretionary authorization to FY2029. Within each year of funding for FY2019-FY2029, USDA shall not use more than 7% for NIFA and FNS administration. Reduces Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers funding from $7 million each year for FY2021-FY2024 to $4 million each year through FY2029. Requires USDA to prepare, make public, and submit to Congress, not later than one year after the date of enactment, an annual report on GusNIP activities, including specified information. (§4306)
Food loss and waste reduction liaison. The 2018 farm bill (§12504) established a liaison position to coordinate federal, state, local, and nongovernmental programs and efforts to measure and reduce the incidence of food loss and waste. Authorized related cooperative agreements, studies, and reporting. (7 U.S.C. §6924(e)(2))
Modifies existing reporting requirements to clarify that reporting is to be annual and contain additional reporting, including general project descriptions; how USDA plans to manage market disruptions; and summaries of cooperative agreements entered into and coordinated activities with the administrator of the U.S. Environmental Protection Agency and the commissioner of the Food and Drug Administration (FDA), such as interagency communication and coordination related to practices and technologies that limit food waste. (§4307)
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Healthy food financing initiative. Authorizes appropriations of $125 million, to remain available until expended. (7 U.S.C. §6953(d))
Increases authorization of appropriations from $125 million to $135 million. (§4308)
Micro-Grants for Food Security Program. The 2018 farm bill (§4206) established the program to increase the quantity and quality of locally grown food from small-scale gardening and agricultural operations for U.S. food insecure communities. Authorized annual appropriations of $10 million. (7 U.S.C. §7518(g)(1))
Reauthorizes the program and increases authorized annual appropriations from $10 million to $30 million (§4309)
Healthy fluid milk incentive projects. Authorizes USDA to carry out pilot projects to develop and test methods to, by providing an incentive at the point of purchase, increase SNAP households’ purchases and consumption of fluid milk. Fluid milk is defined as pasteurized cow’s milk that is without flavoring or sweeteners, is consistent with the most recent dietary recommendations, is packaged in liquid form, and contains vitamins A and D levels consistent with FDA, state, and local standards. USDA may award cooperative agreements or grants to governmental agencies or nonprofit organizations that meet selection criteria for this purpose. Authorizes discretionary funding of $20 million, to remain available until expended, with no more than 7% of funding used for required evaluation. (7 U.S.C. §2026a)
Allows flavored milk and disallows artificially sweetened milk. Strikes that fluid milk must be consistent with the most recent dietary recommendations. Increases authorization of appropriations from $20 million to $50 million annually through FY2029. Provides $5 million in mandatory CCC funding annually through FY2029, to remain available until expended. (§4310)
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Table 6. Title V, Credit
Current Law/Policy
H.R. 8467 as Ordered Reported by the Committee
Subtitle A – Farm Ownership Loans
Eligibility requirements. Establishes that to be eligible for direct or guaranteed farm ownership loans, applicants must be individuals or certain entities engaged primarily in farming or ranching, have majority ownership, have citizenship, have sufficient training and experience, operate a farm the size of a family farm as defined by USDA, and be unable to obtain credit elsewhere at reasonable terms. A special rule allows entities that are owner-operators to be eligible if individuals that own the farm own more than 50% of the entity, or an embedded operating entity that is owned by other entities may be eligible if 75% of each embedded entity is owned by individuals that own the farm. (7 U.S.C. §1922(a))
Replaces “majority” with “at least 50 percent” for the eligibility of entities and individuals’ ownership interests. Adds to the special rules for entities that USDA may define qualified operators as entities that could be eligible. Changes the requirement that 75% of each embedded entity be owned by individuals that own the farm to 75% of the total interest in the entities be owned by qualified operators. (§5101)
Experience requirements. Requires three years of farming experience or other acceptable experience. Allows certain alternatives to substitute for parts of the experience requirement. (7 U.S.C. §1922(b))
Reduces the farming experience requirement to two years. Revises the list of alternatives for meeting the experience requirement by allowing “operational” responsibilities for hired farm labor and adding “other criteria established by the Secretary.” (§5102)
Conservation Loan Program. Authorizes USDA loans and loan guarantees for qualified conservation projects. Priority is given to beginning farmers or ranchers, conversion to organic or sustainable production, and practices for highly erodible land. Authorizes appropriations of $150 million annually through FY2024. (7 U.S.C. §1924; P.L. 118-22)
Adds precision agriculture practices and technologies to the priority list. Reauthorizes appropriations at current levels through FY2029. (§5103)
Limitations on farm ownership loans. Sets the maximum individual direct loan at $600,000. Sets the total guaranteed loan limit at $1.75 million (adjusted for inflation after FY2019), including the amount of guaranteed farm operating loans. (7 U.S.C. §1925(a)(2))
Increases the limit on direct loans from $600,000 to $850,000. Increases the limit on guaranteed loans to from $1.75 million, adjusted for inflation after FY2019 ($2.2 million in FY2024), to $3.5 million, adjusted for inflation after FY2025. (§5104)
Inflation adjustment. Adjusts the individual limit based on inflation using the USDA Prices Paid by Farmers Index. (7 U.S.C. §1925(c))
Changes the inflation adjustment to an index of farm real estate, cropland, and pastureland values per acre, equally weighted, as measured by USDA. (§5105)
Farm Credit System (FCS) financing for essential rural community facilities. FCS is not authorized to lend for rural community facilities. (FCS may participate in loans—for risk management purposes and subject to limits of 10% of capital limit and 50% of the loan—to entities that are not eligible but are functionally similar to eligible entities.) (12 U.S.C. §2206a)
Expands the authority of FCS to lend for essential rural community facilities, as defined in USDA Rural Development. The total of such loans may not exceed 15% of the FCS institution’s loans. FCS must offer loan participation opportunities to at least one other non- USDA lender, with priority for local rural community banks. Offers must be reported to the Farm Credit Administration (FCA). Requires annual reports to Congress. (§5106)
Down Payment Loan Program. Authorizes USDA direct loans for down payment on farm real estate if the borrower provides a 5% down payment. The maximum loan amount is 45% of the purchase price or appraised value, up to $300,150 (45% of the $667,000 specified in statute). (7 U.S.C. §1935(b)(1))
Removes the $300,150 limit and makes the down payment loan subject to the overall limit on farm ownership loans in 7 U.S.C. §1925. (§5107)
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Heirs property intermediary relending program. Authorizes loans to entities to relend to individuals to resolve land title issues for heirs property. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §1936c; P.L. 118-22)
Reauthorizes appropriations at current levels for the relending program through FY2029. Creates a cooperative agreement program for nonprofit organizations to provide legal services to heirs to resolve title issues. Purposes include maintaining or transitioning land to agricultural production or increasing access to USDA programs. Establishes conditions for legal contract duration and success. Authorizes separate appropriations of $60 million annually through FY2029 for cooperative agreements for legal services. (§5108)
Prompt approval for loan guarantees and simplified application forms. Requires USDA to provide lenders short forms for farm loan guarantees that are below $125,000 and for business and industry guaranteed loans that are below $400,000 (or $600,000 if default risk is not increased). (7 U.S.C. §1983a(g))
Increases the threshold for the short forms from $125,000 to $1 million for farm loans; sets a five-day decision window for USDA to notify USDA preferred lenders of the decision; and makes the maximum guarantee on such loans 90% for loans up to $125,000, 75% for loans up to $500,000, and 50% for loans up to $1 million. Requires USDA to develop an expedited application process for business and industry loan guarantees up to $400,000 ($600,000 if default risk is not increased). (§5109)
Farmer loan pilot projects. Allows USDA to conduct limited pilot projects to evaluate processes that may improve efficiency and effectiveness. (7 U.S.C. §1983d)
Prior Approval Authorization Pilot Program. Requires USDA to create a pilot program for preapproval of direct farm ownership loans. After one year, USDA is to report to Congress on the results. Ends authority for the pilot program in FY2029. (§5110)
Refinancing. Limits refinancing with USDA loans to certain operating loans and guaranteed loans. (7 U.S.C. §1923 and §1942)
Refinancing guaranteed loans into direct loans. Requires USDA to issue regulations within one year of enactment to allow refinancing of guaranteed loans into direct loans. Eligible loans must be determined by USDA to be in distress, in default and the lender has initiated liquidation or foreclosure, and have a reasonable chance for success. (§5111)
Subtitle B – Farm Operating Loans
Eligibility requirements. Establishes that to be eligible for direct or guaranteed farm operating loans, applicants must be individuals or certain entities engaged primarily in farming or ranching, have majority ownership, have citizenship, have sufficient training and experience, operate a farm the size of a family farm as defined by USDA, and be unable to obtain credit elsewhere at reasonable terms. A special rule allows embedded entities that are owner-operators to be eligible if 75% of the embedded entity is owned by individuals that own the farm. (7 U.S.C. §1941(a))
Replaces “majority” with “at least 50 percent” for the eligibility of entities and ownership interests. Adds a second part to the special rule that USDA may define qualified operators as entities that could be eligible. Changes the requirement that 75% of each embedded entity be owned by individuals to 75% of the total interest in the entitles be owned by qualified operators. (§5201)
Limitations on farm operating loans. Sets the maximum individual direct loan at $400,000. Sets the total limit on guaranteed loans at $1.75 million, adjusted for inflation after FY2019, including the amount of guaranteed farm ownership loans. (7 U.S.C. §1943(a)(1))
Increases the limit on direct loans from $400,000 to $750,000. Increases the limit on guaranteed loans from $1.75 million, adjusted for inflation after FY2019 ($2.2 million in FY2024), to $3 million, adjusted for inflation after FY2025. The latter limit and the $3.5 million limit on guaranteed farm ownership loans in §5104 may complicate the combined limit in current law. (§5202)
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Limitation on microloans. Limits microloans, with streamlined application and approval processes, to $50,000. (7 U.S.C. §1943(c)(2))
Increases the limit on microloans from $50,000 to $100,000. (§5203)
Cooperative lending pilot projects for microloans. Authorizes a pilot program through FY2024, for appropriations of up to $10 million per year, for community development financial institutions to make or guarantee microloans and provide services to borrowers. (7 U.S.C. §1943(c)(4)(A); P.L. 118- 22)
Reauthorizes appropriations at current levels through FY2029. (§5204)
Subtitle C – Emergency Loans
Eligibility requirements. Establishes that to be eligible for emergency loans, applicants must be individuals or certain entities engaged primarily in farming or ranching, have majority ownership, have citizenship, have sufficient training and experience, operate a farm the size of a family farm as defined by USDA, and be unable to obtain credit elsewhere at reasonable terms. Embedded entities that are owner- operators may be eligible if 75% of the embedded entity is owned by individuals that own the farm. (7 U.S.C. §1961)
Replaces “majority” with “at least 50 percent” for the eligibility of entities and ownership interests. Adds special rules for eligible entities that USDA may define qualified operators as entities that could be eligible. Changes the requirement that 75% of each embedded entity be owned by individuals to 75% of the total interest in the entitles be owned by qualified operators. (§5301)
Subtitle D – Administrative Provisions
Beginning Farmer and Rancher Individual Development Accounts Program. Authorizes a pilot program for beginning farmers and ranchers to contribute to savings accounts and receive matching contributions. Authorizes appropriations of $5 million per year through FY2024. (7 U.S.C. §1983b(h); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§5401)
Loan authorization levels. Authorizes annual USDA farm loan levels of $10 billion per year through FY2024, including $3 billion for direct loans and $7 billion for guaranteed loans, each equally divided between farm ownership and farm operating loans. (7 U.S.C. §1994(b)(1); P.L. 118-22)
Extends the loan authorization levels through FY2029. (§5402)
Set-aside for beginning farmers. Requires 50% of direct farm operating loan funds be reserved for beginning farmers for 11 months of each fiscal year through FY2024. (7 U.S.C. §1994(b)(2)(A)(ii)(III); P.L. 118-22)
Extends the set-aside through FY2029. (§5403)
Additional funds for microloans. Authorizes additional appropriations of $5 million annually for direct operating microloans through FY2024. (7 U.S.C. §1994(b)(5)(C); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§5404)
Subtitle E – Miscellaneous, Farm Credit System
Export finance authority. Limits the amount of loans made by the Bank for Cooperatives (CoBank, an entity of FCS) to finance agricultural exports to 50% of the bank’s capital. (12 U.S.C. §2128(b)(2)(A)(i))
Changes the limit on CoBank’s export financing to 15% of CoBank’s total assets. (§5501)
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Rural water and waste systems. Authorizes CoBank to make direct loans and guaranteed loans to cooperatives and public agencies for water and waste disposal facilities in rural areas, which are defined as areas not within a town greater than 20,000 people. (12 U.S.C. §2128(f))
Expands the definition of rural for CoBank rural water systems guaranteed loans to areas not within a town greater than 50,000 people or areas adjacent to such cities as defined in 7 U.S.C. §1991(a)(13)(A). (§5502)
Data collection on loans to farmers. The Equal Credit Opportunity Act (ECOA, P.L. 94-239), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, §1071), gives the Consumer Financial Protection Bureau (CFPB) authority to collect data to identify the financing needs of small businesses, particularly those owned by women and minorities. (15 U.S.C. §1691c-2(h)(1)). The CFPB regulation includes FCS. (12 C.F.R. §1002; 88 Federal Register 35528). The Farm Credit Act of 1971 (P.L. 92-181) requires FCS to annually report its lending to young, beginning, and small farms. (12 U.S.C. §2207)
Amends ECOA to exclude entities supervised by FCA from the CFPB’s Regulation B, which is related to the collection of demographic data. Adds a section to the Farm Credit Act of 1971 that (a) FCA is the sole regulator of FCS; (b) the definition of small farmer shall be as defined pursuant to 12 U.S.C. §2207 (currently, farm sales less than $250,000); and (c) that FCS shall collect and report information voluntarily submitted by borrowers about their race, sex, and ethnicity. (§5503)
Qualified loans. For Farmer Mac, a secondary market for agricultural loans, part of the definition of qualified loans includes the portion of loans that are guaranteed by USDA under the Consolidated Farm and Rural Development Act (ConAct; P.L. 87-128). (12 U.S.C. §2279aa(7)(B))
Expands the Farmer Mac charter to include the portion of loans guaranteed by the Rural Energy for America Program. (§5504)
Standards for qualified loans. Requires Farmer Mac, under the supervision of FCA, to establish standards for qualified loans that meet the quality standards of mortgage investors. (12 U.S.C. §2279aa–8(a)(3))
Replaces the term mortgage investors with investors in those types of loans to reflect private institutional investors. (See also §5507(t) regarding the paragraph heading.) (§5505)
Subtitle E – Miscellaneous, Farm Service Agency
State agricultural loan mediation programs. Provides grants of up to $500,000 to states that operate agricultural loan mediation programs that resolve disputes. Authorizes appropriations of $7.5 million annually through FY2024. (7 U.S.C. §§5101- 5106; P.L. 118-22)
Adds tribes to the definition of eligible states. Increases the maximum grant amount from $500,000 to $700,000. Allows states to carry over up to 25% of unobligated amounts. Reauthorizes appropriations at current levels through FY2029. (§5506)
Subtitle E – Miscellaneous, Technical Corrections
County committees. The ConAct makes references to the involvement of county committees in the process of making and guaranteeing USDA farm loans, such as for prompt approval (7 U.S.C. §1983a(a)(2)(B)(vi)), conflicts of interest (7 U.S.C. §1986), certification of loan guarantees (7 U.S.C. §1989), and requirements for borrower training (7 U.S.C. §2006a(c)(1)).
Eliminates outdated references to county committees for processes in which they are no longer involved. (§5507(a))
Loan assessments. Requires USDA direct farm loans to be reviewed annually and guaranteed loans to be reviewed periodically to assess the progress in meeting the goals of the farm or ranch. (7 U.S.C. §2006b(d)(1))
Revises the assessment interval for direct loans to periodically as determined by USDA. (§5507(b))
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Outdated agency names. Numerous places in the ConAct refer to the Farmers Home Administration, Rural Development Agency, Rural Development Administration, and Rural Electrification Administration. (7 U.S.C. §§1928, 1929, 1981, 1981a, 1983a, 1985, 1988, 1995, 1997, 2001a, 2004, 2006c, 2008e)
Amends provisions to replace outdated names with Farm Service Agency, Rural Development, or Rural Utilities Service. (§5507(c))
Sale of acquired property. For farm property acquired by USDA during loan servicing (such as through foreclosure), sets the interval for USDA to advertise the property to 15 days and for sale to occur not later than 135 days after acquisition. (7 U.S.C. §1985(c)(1))
Extends the interval to 60 days for USDA to advertise property and for sale to occur not later than 180 days after acquisition. (§5507(d))
Inventory property disposition. Sets terms for USDA to dispose of loan inventory property. (7 U.S.C. §1981(b)(1); 7 U.S.C. §1985(f))
Strikes outdated language about contracting for inventory disposal and resolving security interests. (§5507(e))
District Offices. The ConAct refers to “District Offices.” (7 U.S.C. §1983a(a)(2)(B))
Replaces references to “District Office” with “District Director.” (§5507(f))
Definition of United States and State. Includes the states, Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (7 U.S.C. §1991(a)(6))
Corrects outdated reference to Trust Territories of the Pacific Islands by specifying “Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands.” (§5507(g))
Definition of farmer program loan. Includes farm ownership loans, farm operating loans, soil and water loans, and emergency loans. (7 U.S.C. §1991(a)(10))
Adds conservation loans to the list of loan programs after 2008 and adds a sunset date for soil and water loans before 2008. (§5507(h))
Definition of qualified beginning farmer or rancher. Sets criteria for being considered a beginning farmer to those farmers operating less than 10 years, to business entities with certain organization structures, and for “material participation” in the operation of the farms, among other criteria. (7 U.S.C. §1991(a)(11)(C))
Removes wording that requires entities have individuals who are related “by blood or marriage” and replaces it with “qualified beginning farmers.” (§5507(i))
Purpose of loans. Includes references to specific conservation loan practices. (7 U.S.C. §§1923(a)(1)(D) and (2)(D), §1934)
Updates provisions to more generally refer to conservation practices. (§5507(j))
Debt restructuring and loan servicing. Requires using registered or certified mail for notices of ineligibility. (7 U.S.C. §2001(i)(1)). Limits the amount of lifetime debt forgiveness per borrower to $300,000. (7 U.S.C. §2001(o))
Allows any method of notification that provides documentation of delivery. Raises the lifetime limit for debt forgiveness to $600,000. (§5507(k))
Water and waste facility loans and grants. Requires USDA to use the Soil Conservation Service in providing technical assistance to applicants. (7 U.S.C. §1926(a)(13))
Updates the agency reference to the Natural Resources Conservation Service. (§5507(l))
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Interest rates. Sets the interest rate to be not less than 5% and not more than one-half of the yield on five-year Treasuries plus up to 1% for direct loans in the low-income farm ownership loan program (7 U.S.C. §1927(a)(3)(B)) and for microloans for beginning farmers and ranchers or veteran farmers and for other direct operating loans to low-income limited resource borrowers. (7 U.S.C. §1946(a)(2))
Sets the interest rate at the smaller of 5% or the interest rate for direct farm ownership loans. (§5507(m))
Reference to down payment loans. A heading “Beginning farmer loans” provides a 95% loan guarantee to beginning, socially disadvantaged, and veteran farmers and ranchers. (7 U.S.C. §1929(h)(6))
Strikes, in the inconsistent heading, “Beginning farmer loans” and inserts “Down payment loan program participant.” (§5507(n))
Private reserve for family living expenses. Permits up to the smaller of 10% or $5,000 of an operating loan to be reserved for family living expenses. (7 U.S.C. §1942(d))
Eliminates specific authority for a private reserve account. (Family living expenses are allowed in the general purposes of loans in 7 U.S.C. §1942(a)). (§5507(o))
Graduation of borrowers to private credit. Requires USDA to have a plan to help borrowers develop their borrowing capacity so as to not need USDA loans and be able to obtain commercial credit. (7 U.S.C. §1949)
Eliminates references to loan guarantees in the graduation requirement, since guaranteed loans no longer have term limits in other farm loan provisions. (§5507(p))
Long-term cost projection, low-income limited resource requirement. Requires USDA to develop three-year projections of the loans beginning in 1983. Requires 25% of loans be for low-income limited resource borrowers and that USDA inform borrowers of such provisions. (7 U.S.C. §§1994(c) and (d))
Eliminates the requirement for cost projections. Eliminates the set-aside for low-income limited resource borrowers; such priorities are expressed in other provisions. (§5507(q))
Appeals. Provides an appeals process for homestead protection (7 U.S.C. §2000(c)(3)) and debt restructuring (7 U.S.C. §2001(h) and (j)).
Deletes an obsolete reference to a repealed appeals provision and inserts updated references. (§5507(r))
Farmer loan pilot projects. Constrains loan pilot projects to those that are consistent with subchapter A (real estate loans). (7 U.S.C. §1983d(a))
Eliminates the constraint to subchapter A. (§5507(s))
Standards for qualified loans; mortgage loans. Directs Farmer Mac to establish standards for qualified loans. (12 U.S.C. §2279aa–8(a)(3))
Changes the heading from “Mortgage loans” to “Loan quality.” (§5507(t))
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Table 7. Title VI, Rural Development
Current Law/Policy
H.R. 8467 as Ordered Reported by the
Committee
Subtitle A – Improving Health Outcomes in Rural America
Combating substance use disorder in rural America; prioritizations. The 2018 farm bill (P.L. 115-334) prioritizes funding for substance use disorder projects for the Distance Learning and Telemedicine Program, Community Facilities Direct Loan and Grant Program, and Rural Health and Safety Education Programs through FY2024. (P.L. 115-334; §6101(a))
Expands prioritization to projects that provide mental health, behavioral health, and maternal health services for the Distance Learning and Telemedicine Program and Community Facilities Direct Loan and Grant Program. Extends prioritization through FY2026. (§6101)
Telemedicine and distance learning in rural areas. Authorizes appropriations of $82 million annually through FY2024. (7 U.S.C. §950aaa-5; P.L. 118-22)
Extends authorization of appropriations through FY2029 and makes appropriations available for two fiscal years after the fiscal year when funding was appropriated. (§6102)
Subtitle B – Connecting Rural Americans to High-Speed Broadband
Access to broadband telecommunications services in rural areas. Authorizes the Rural Broadband Program to issue grants, loans, and loan guarantees for facilities and equipment to deploy broadband in rural areas. USDA determines the type of broadband technology that can be used to deliver broadband. Eligible service areas are areas where at least 50% of the households do not have broadband service at speeds of at least 25/3 megabits per second (Mbps). USDA sets the broadband buildout speed, which is based on the length of the project. Authorizes appropriations of $350 million annually through FY2024, to remain available until expended. Terminates authority for the program on September 30, 2023. (7 U.S.C. §950bb; P.L. 118-22)
ReConnect Rural Broadband Program. Combines the Rural Broadband Program with the ReConnect Pilot Program and names it the ReConnect Rural Broadband Program. Authorizes the new program to make grants, loans, and loan guarantees to deploy broadband service to rural communities. Allows USDA to require a cost-share of up to 10% of the amount of grant, loan, or loan guarantee. Eligible service areas are areas where at least 75% of the households do not have broadband service at speeds of at least 50/25 Mbps. Sets broadband buildout speeds based on the project term, with longer lasting projects being required to provide higher broadband speeds to the proposed service area. Reauthorizes appropriations at current levels through FY2029. Extends program authority through September 30, 2029. (§6201)
ReConnect Program. The Consolidated Appropriations Act, 2018 (P.L. 115-141), established the ReConnect Program, a broadband loan and grant pilot program to deploy broadband to rural communities. (P.L. 115-141, §779)
Sunsets the ReConnect Program 270 days after enactment. Allows 1% of the unobligated funding from the ReConnect Program to be used to transition this program into the ReConnect Rural Broadband Program. Transfers any unobligated funding from the old program to the new program. (§6201)
Expansion of middle mile infrastructure into rural areas. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §950bb-1(g); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6202)
Innovative Broadband Enhancement Program. Authorizes the program to make grants, loans, and loan-grant combinations for demonstration projects that decrease the cost of broadband deployment and increase broadband speeds in rural areas. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §950bb-2; P.L. 118-22)
Creates program guidelines for terrestrial and satellite projects. Authorizes grants and loans for terrestrial broadband projects that decrease the cost of broadband deployment and increase broadband speeds in rural areas. Authorizes grants for satellite broadband projects that reduce or eliminate costs associated with the purchase or installation of satellite broadband equipment for consumers living in remote areas. Reauthorizes appropriations at current levels through FY2029. (§6203)
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Community Connect Grant Program. Sets eligible service areas to those with households without broadband service at speeds of at least 10/1 Mbps. Requires USDA to set the broadband buildout speed but states that speeds cannot be less than the minimum broadband speed established by the Federal Communications Commission (FCC) for “advanced telecommunications capability.” Authorizes appropriations of $50 million annually through FY2024. (7 U.S.C. §950bb-3; P.L. 118-22)
Sets eligible service areas to those with households without broadband service at speeds of at least 25/3 Mbps. Sets the broadband buildout speed to be five times the minimum broadband speeds, initially set at 50/25 Mbps. Reauthorizes appropriations at current levels through FY2029. (§6204)
No comparable provision. Rate regulation. Prohibits USDA from regulating rates charged for broadband service. (§6205)
Public notice, assessment, and reporting requirements. Requires USDA to make publicly available a database of applications submitted for projects currently receiving funding or seeking funding from USDA broadband programs. Allows service providers to dispute applicants’ assertations of lack of service in proposed service areas. (7 U.S.C. §950cc)
Public notice, assessment, technical assistance, and reporting requirements. Renames the section heading. Requires USDA to validate information provided by service providers in response to applications for USDA broadband programs being posted publicly. Requires USDA to use FCC’s national broadband map to confirm the eligibility of proposed service areas in applications for USDA rural broadband programs. (§6206)
No comparable provision. Broadband Technical Assistance Program. Establishes the program to make grants to eligible entities to provide technical assistance and training to rural communities to improve access to USDA broadband programs. Authorizes USDA to make grants to eligible entities to collect broadband service data. (§6206)
Rural broadband access. Authorizes USDA rural broadband programs. (7 U.S.C. §§950bb et seq.)
Prohibits USDA from funding applications for USDA broadband programs if an applicant has received federal or state broadband program funding to provide broadband service to the proposed service area within the last five years at broadband speeds of at least 100/20 Mbps. (§6207)
Subtitle C – Miscellaneous
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Rural Energy Savings Program. Specifies eligible applicants for the program to include any public power districts, public utility districts, or electric cooperatives that borrowed and repaid, prepaid, or are currently paying an electric loan made or guaranteed by the Rural Utilities Service (RUS) or other RUS borrowers. Authorizes USDA to make loans to eligible entities that agree to use the loan funds to make sub-loans to qualified consumers for energy efficiency measures, including structural improvements and investments in technologies that increase energy efficiency. Authorizes appropriations of $75 million annually through FY2024. (7 U.S.C. §8107a; P.L. 118-22)
Requires that applicants continue to serve rural areas (i.e., areas with 50,000 or fewer people and not adjacent to an area with more than 50,000 people). Expands eligible applicants to include federally recognized tribes and public, quasi-public, and nonprofit entities. Prioritizes funding to eligible entities when at least 80% of their customers live in rural areas. Authorizes the program to make grants in addition to loans. Adds the replacement of manufactured homes or large appliances to the energy efficiency measures that can be implemented using sub-loans if the replacement results in cost-effective energy savings. Allows grants to be used (1) to pay a portion of the costs to make repairs to certain properties of the qualified consumers to facilitate energy efficiency measures and (2) to provide technical assistance, outreach, and training. Allows eligible entities to make sub-loans to qualified consumers not located in rural areas. Reauthorizes appropriations at current levels through FY2029. (§6301)
State Capacity Building Grant Program. Authorizes appropriations of $5 million annually through FY2024. (40 U.S.C. §15501 note; P.L. 118- 22)
Reauthorizes appropriations at current levels through FY2029. (§6302(a))
Regional commissions. Authorizes appropriations of $33 million annually through FY2024 for the Southeast Crescent Regional Commission, Southwest Border Regional Commission, Northern Border Regional Commission, and Great Lakes Authority. (40 U.S.C. §15751(a); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6302(b))
No comparable provision. Promoting precision agriculture. Requires USDA to develop “voluntary, consensus-based, private sector- led interconnectivity standards, guidelines, and best practices” for precision agriculture in consultation with the National Institute of Standards and Technology and FCC. Requires a Government Accountability Office report to Congress assessing the standards one year after the development of the standards and every two years thereafter. (§6303)
Assistance to rural entities. Authorizes several USDA business development programs that make loans, insure loans, guarantee loans, and make grants to support rural businesses and rural economic development. (7 U.S.C. §1932)
Food supply chain capacity and resilience guaranteed loans. Authorizes a new USDA program to make business and industry guaranteed loans for startup or expansion projects that increase the capacity of the U.S. food supply chain to aggregate, process, manufacture, store, transport, wholesale, or distribute food, agricultural products, or agricultural inputs. Caps the maximum loan at $40 million. Reserves, until April 1 of each year, up to 5% of funding provided annually for loans, insured loans, and loan guarantees to support private business enterprises in rural areas. (§6304)
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No comparable provision. New, mobile, and expanded meat processing and rendering grants. Authorizes USDA to make grants to enhance meat processing and rendering capacities. Sets the maximum grant amount at $500,000 for a term of up to three years. Grants of $100,000 or less can cover 90% of the project costs. Grants of more than $100,000 can cover 75% of the project costs. Authorizes appropriations of $3 million annually through FY2029. (§6305)
No comparable provision. Expanding Childcare in Rural America Initiative. Authorizes the initiative to prioritize funding for certain USDA Rural Development (RD) loan and grant programs for rural child care projects through FY2027. Identifies the following programs for prioritized funding: the Community Facilities Loan and Grant Program, Business and Industry Loan Guarantee Program, Rural Microentrepreneur Assistance Program, and Intermediary Relending Program. Requires a USDA report to Congress evaluating the effectiveness of the initiative within four years of the date of enactment. (§6306)
No comparable provision. Technical assistance for geographically underserved and distressed areas. Requires USDA, directly or through a cooperative agreement, to provide technical assistance to help geographically underserved and distressed areas better access USDA programs. Requires an annual USDA report to Congress and the public evaluating how the technical assistance has helped the targeted areas. (§6307)
No comparable provision. Rural Development Innovation Center. Establishes the center to review the processes for administering USDA RD programs and identifying redundancies and inefficiencies. Directs the center to develop a modernization plan that provides strategies to increase the efficiency, transparency, and access to RD programs. Requires an annual USDA report to Congress on the impact of the center. (§6308)
Rural Health Liaison. Establishes the position of rural health liaison at USDA and requires the position to coordinate activities across USDA agencies involving rural health, as well as to liaise with other federal agencies on rural health issues. (7 U.S.C. §6946)
Requires the rural health liaison to coordinate with the National Institute of Food and Agriculture (NIFA) to implement the Farm and Ranch Stress Assistance Network. Requires an annual USDA report to Congress on the activities completed by the liaison. (§6309)
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Precision Agriculture Task Force. The 2018 farm bill establishes the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. The task force is to identify and measure the gaps in broadband access on agricultural lands, develop policy recommendations to promote deployment of broadband to at least 95% of agricultural land in the United States by 2025, and promote policies and regulations that encourage the adoption of broadband use on farms and ranches. Terminates the task force on January 1, 2025. (P.L. 115-334, §12511(b))
Requires the task force to evaluate international standards and guidelines for precision agriculture policies, recommend which of the international standards and guidelines should be implemented in the United States, and review the competitive advantage and security risks of the use of precision agriculture technologies by foreign governments or state- sponsored entities. Extends the task force through January 1, 2026. (§6310)
Subtitle D – Additional Amendments to the Consolidated Farm and Rural Development Act
Revolving funds for financing water and wastewater projects. Authorizes appropriations of $15 million annually through FY2024. (7 U.S.C. §1926(a)(2)(B)(vii); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6401)
Rural Water and Wastewater Circuit Rider Program. Authorizes a national rural water and wastewater circuit rider program consistent with activities the program conducted before February 7, 2014 (as determined by USDA). Authorizes appropriations of $25 million annually through FY2024. (7 U.S.C. §1926(a)(22); P.L. 118-22)
Codifies the technical assistance activities of the Circuit Rider Program. Requires the program to provide technical assistance to U.S. territories and Freely Associated States, in addition to the 50 U.S. states. Allows up to 5% of each award to be used to purchase or reimburse the rental costs of emergency equipment. Reauthorizes appropriations at current levels through FY2029. (§6402)
Water and waste facility loans and grants. Authorizes USDA to issue loans and insure loans to support water systems, waste disposal systems, and community facilities in rural areas. (7 U.S.C. §1926(a))
Zero and low interest loans for distressed water systems. Authorizes USDA to modify or waive some of the requirements for certain USDA water and waste disposal programs for distressed rural communities. Allows USDA to make 0% or 1% interest loans, forgive the principal or interest or modify terms of new or existing loans, or waive any required fees required for eligible rural communities. (§6403)
Tribal college and university essential community facilities. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §1926(a)(25)(C); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6404)
Emergency and Imminent Community Water Assistance Grant Program. Authorizes appropriations of $50 million annually through FY2024. (7 U.S.C. §1926a(i)(2); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6405)
Water systems for rural and Native villages in Alaska. Authorizes appropriations of $30 million annually through FY2024. (7 U.S.C. §1926d(d)(1); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6406)
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Rural decentralized water systems. Authorizes grants to nonprofit organizations so that they can provide loans and subgrants to eligible individuals to construct, refurbish, and service household water well systems and septic systems. Defines an eligible individual as a member of a household, where the members have a combined income that is not more than 60% of the median nonmetropolitan household income of the state or territory where the individual lives. Sets the maximum subgrant or loan amount at $15,000. Authorizes appropriations of $20 million annually through FY2024. (7 U.S.C. §1926e; P.L. 118-22)
Increases the income threshold for an eligible individual from 60% to 80% of the median nonmetropolitan household income. Allows funding to be used for water quality testing for individual water wells and technical assistance to help eligible individuals install or replace household water systems, interpret water test results, and address groundwater contamination. Sets loan interest rates at 1% and terms of not more than 20 years. Increases maximum subgrant and loan amounts from $15,000 to $20,000. Reauthorizes appropriations at current levels through FY2029. (§6407)
Loans to private business enterprises. Authorizes USDA to make loans, insure loans, and guarantee loans for projects that support rural businesses and communities, including projects that improve the economic and environmental climate, aquaculture projects, and projects that develop renewable energy systems. Authorizes USDA to make solid waste management grants. (7 U.S.C. §1932(a))
Authorizes USDA to make loans, insure loans, and guarantee loans for expanding the adoption of precision agriculture technology to “promote best practices, reduce costs, and improve the environment.” (§6408)
Solid waste management grants. Authorizes USDA to make grants to nonprofit organizations to provide technical assistance to local governments, regional governments, and related agencies to help reduce or eliminate water pollution and manage solid waste disposal facilities. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §1932(b); P.L. 118-22)
Adds Indian tribes as one of the entities for which nonprofit organizations can provide technical assistance. Reauthorizes appropriations at current levels through FY2029. (§6409)
Rural business development grants. Authorizes appropriations of $65 million annually through FY2024. (7 U.S.C. §1932(c)(4)(A); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6410)
Rural cooperative development grants. Authorizes USDA to issue one-year grants to eligible nonprofit organizations to establish centers for rural cooperative development. Allows USDA to award grants of up to three years if the applicant has successfully met the requirements of the program. Prioritizes funding for applicants that commit to providing technical assistance to underserved and economically distressed areas in rural areas. Establishes an interagency working group to foster cooperative development. Authorizes appropriations of $40 million annually through FY2024. (7 U.S.C. §1932(e); P.L. 118-22)
Adds committing to serve socially vulnerable communities in rural areas as one of the priority funding requirements. Allows USDA to award renewals for applicants that meet certain conditions. Requires the interagency working group to submit an annual report to Congress describing its completed activities. Reauthorizes appropriations at current levels through FY2029. (§6411)
Special conditions and limitations on loans. Lists financial requirements for loans made or insured under the Consolidated Farm and Rural Development Act (P.L. 87-128) (i.e., certain farm loans and rural development loans), including an annual review of the borrower’s credit history and business operation. (7 U.S.C. §1983)
Allows USDA to charge initial guarantee fees and retention fees for certain USDA RD insured and guaranteed loans that are issued or modified. Requires USDA to disclose 30 days in advance the factors used to determine the fee changes for USDA RD insured or guaranteed loans. (§6412)
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Business and industry direct and guaranteed loans. Requires USDA to reserve, until April 1 of each year through FY2024, not less than 5% of funds for the Business and Industry Loan Guarantee Program for loans for businesses that support locally or regionally produced agricultural food products. (7 U.S.C. §1932(g)(9)(iv)(1); P.L. 118-22)
Extends the reservation of funds through FY2029. (§6413)
Appropriate Technology Transfer for Rural Areas Program. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §1932(i)(4); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6414)
Rural Economic Area Partnership Zones. Authorizes USDA to carry out rural economic area partnership zones, as guided by memoranda of agreement, through September 30, 2024. (7 U.S.C. §1932(j); P.L. 118-22)
Extends authority through September 30, 2029. (§6415)
Intermediary Relending Program. Authorizes appropriations of $50 million annually through FY2024. (7 U.S.C. §1936b(i); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6416)
Refinancing of certain rural hospital debt. Allows rural hospitals to use funds from loans and loan guarantees issued through certain USDA RD programs to refinance debt to keep access to health services in a rural community, improve the economic viability of the hospital, or meet financial and security requirements of USDA RD programs. (7 U.S.C. §1990a)
Replaces rural hospital with eligible health care facility as the eligible entity. Requires applicants to receive financial planning assistance and prepare a long-term financial plan. Establishes the Rural Health Care Facility Technical Assistance Program to provide technical assistance and training to eligible health care facilities to help improve their long-term financial position and prevent closure. Requires an annual USDA report to Congress on the progress and results of that program. Authorizes appropriations of $2 million annually through FY2029. (§6417)
Prohibition on use of loans for certain purposes. Prohibits many of the USDA farm loans and RD loans from being made for certain activities involving wetlands, including projects that “drain, dredge, fill, level, or otherwise manipulate a wetland” or engage in actions that result in “impairing or reducing the flow, circulation, or reach of water.” (7 U.S.C. §2006e)
Repeals the prohibition. (§6418)
Rural Business-Cooperative Service programs technical assistance and training. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §2008c(d)(1); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6419)
National Rural Development Partnership. Authorizes appropriations of $10 million annually through FY2024. Terminates the partnership on September 30, 2024. (7 U.S.C. §2008m(g)(1) and (h); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. Extends the partnership through September 30, 2029. (§6420)
Grants for National Oceanic and Atmospheric Administration (NOAA) weather radio transmitters. Authorizes appropriations of $1 million annually through FY2024. (7 U.S.C. §2008p(d); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6421)
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Rural Microentrepreneur Assistance Program. Caps microloans at $50,000 for each rural microenterprise. Limits the amount of federal funds to 75% of the total cost of the project. Authorizes appropriations of $20 million annually through FY2024. (7 U.S.C. §2008s; P.L. 118-22)
Increases the cap on microloans from $50,000 to $75,000. Allows federal funds to pay for up to 100% of the project costs. Limits the use of program loans to pay for up to 50% of “renovation, construction, or related costs of real estate improvements under the project.” Reauthorizes appropriations at current levels through FY2029. (§6422)
Delta region health care services. Authorizes grant program to address “continued unmet health needs in the Delta region.” Authorizes appropriations of $3 million annually through FY2024. (7 U.S.C. §2008u(e); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6423)
Strategic economic and community development. Authorizes appropriations of $5 million annually through FY2024, to remain available until expended. (7 U.S.C. §2008v(d)(4); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6424)
Rural Innovation Stronger Economy Grant Program. Defines eligible entity as a rural jobs accelerator partnership with a lead applicant that is a district organization, Indian tribe, a state or political subdivision of the state, institution of higher education, or nonprofit organization. Authorizes USDA to issue grants for eligible entities to establish job accelerators. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §2008w; P.L. 118-22)
Expands the definition of institutions of higher education to include other educational programs, such as postsecondary vocational institutions and programs that prepare students to enter baccalaureate programs. Adds career and technical education schools as eligible applicants. Authorizes USDA to issue grants for career pathway training programs and industry or sector partnerships. Reauthorizes appropriations at current levels through FY2029. (§6425)
Delta Regional Authority. Authorizes appropriations of $30 million annually through FY2024, to remain available until expended. Terminates the Delta Regional Authority on October 1, 2024. (7 U.S.C. §2009aa-12(a), 7 U.S.C. §2009aa-13; 42 U.S.C. §3121 note)
Reauthorizes appropriations at current levels through FY2029. Extends the authority through October 1, 2029. Adds Sabine County and Vernon County to the region for the Delta Regional Authority. (§6426)
Financial institution investments. Limits investments of a rural business investment company to entities that would be eligible to receive financing from the Farm Credit System (FCS) when an FCS institution holds more than 50% of the shares in the rural business investment company. (7 U.S.C. §2009cc-9(c))
Increases the shares of a rural business investment company held by an FCS institution from 50% to 75% for the limitation to be enacted. (§6427)
Rural Business Investment Program. Authorizes appropriations of $20 million annually through FY2024. (7 U.S.C. §2009cc-18; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§6428)
Rural and rural area definitions. Some rural definitions used to determine eligible rural areas for USDA RD programs include the term urbanized, as defined by the U.S. Census Bureau. (7 U.S.C. §1991(a)(13); 7 U.S.C. §2009cc-8(c)(4)(C))
Replaces “urbanized” with “urban” in the rural definitions used across some of the USDA RD programs. (§6429)
Rural water and wastewater technical assistance and training programs. Authorizes USDA to make grants to private nonprofit organizations to provide technical assistance to eligible entities. (7 U.S.C. §1926(a)(14))
Authorizes USDA to make grants to private nonprofit organizations to provide disaster and recovery assistance. (§6430)
Subtitle E – Additional Amendments to the Rural Electrification Act of 1936
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Guarantees for bonds and notes issued for electrification or telephone purposes. Terminates authority for the provision on September 30, 2024. (7 U.S.C. §940c-1(f))
Extends authority for the provision through September 30, 2029. (§6501)
Rural development loans and grants. Requires USDA to establish the repayment terms for zero interest loans. Authorizes appropriations of not more than $10 million annually through FY2024. (7 U.S.C. §940c-2; P.L. 118-22)
Prohibits USDA from requiring a letter of credit or similar guarantee from borrowers of zero interest loans “if the borrower assigns [USDA] a security interest in any collateral used” to secure the loan. Reauthorizes appropriations at current levels through FY2029. (§6502)
Expansion of 911 access. Authorizes USDA to make loans using any funds made available for USDA rural telephone loans through FY2024. (7 U.S.C. §940e(d); P.L. 118-22)
Reauthorizes authority through FY2029. (§6503)
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Subtitle A – National Agricultural Research, Extension, and Teaching Policy Act of 1977
National advisory board. Establishes the National Agricultural Research, Extension, Education, and Economics Advisory Board. (7 U.S.C. §3123)
Amends the membership composition of the board to include one member representing industry, consumer, or rural interests of insular areas. Changes the termination date to September 30, 2029. (§7101)
Specialty crop committee. The Specialty Crop Competitiveness Act of 2004 (P.L. 108-465) establishes a specialty crop committee to inform the advisory board on research needs. (7 U.S.C. §3123a)
Changes the termination date to September 30, 2029, among other administrative changes. (§7102)
Veterinary medicine loan repayment. The National Veterinary Medical Services Act (P.L. 108-61) establishes the Veterinary Medicine Loan Repayment Program to provide competitive grants to help veterinarians repay educational loans in exchange for serving in areas with shortages of veterinarians. (7 U.S.C. §3151a)
Establishes criteria for determining veterinarian shortage situations. Requires USDA to establish a streamlined application procedure for the program within one year. (§7103)
Veterinary services grant program. The 2014 farm bill (P.L. 113-79) establishes the Veterinary Services Grant Program to provide competitive grants to help veterinarians, students, and technicians gain specialized skills and resources to address U.S. veterinary service shortages. (7 U.S.C. §3151b)
Adds a definition of the term rural area. Expands the terms and scope of the grants. Requires USDA to establish a streamlined application procedure for the program within one year. (§7104)
Grants and fellowships for food and agriculture sciences education. Authorizes grants and fellowships to strengthen higher education in food and agricultural sciences. Authorizes appropriations of $40 million annually through FY2024. (7 U.S.C. §3152(m)(2); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7105)
Agricultural and food policy research centers. Authorizes competitive grants and cooperative agreements for policy research centers to conduct research and education programs that are objective, operationally independent, and external to the federal government and that concern the effect of public policies and trade agreements on agriculture. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §3155(e); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7106)
Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions. Authorizes competitive grants for Alaska Native and Native Hawaiian serving institutions for the purpose of promoting and strengthening their ability to carry out education, applied research, and related community development programs. Authorizes appropriations of $40 million annually through FY2024. (7 U.S.C. §3156; P.L. 118-22)
Extends grant terms to a maximum of five years and adds carryover provisions for unexpended funds. Reauthorizes appropriations at current levels through FY2029. (§7107)
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Nutrition education program. Authorizes USDA to establish a national education program to disseminate results of food and human nutrition research funded by USDA. Authorizes appropriations of $90 million annually through FY2024. (7 U.S.C. §3175; P.L. 118- 22)
Reauthorizes appropriations at current levels through FY2029. (§7108)
Continuing animal health and disease research programs. Requires deans of accredited veterinary colleges and state agricultural experiment stations to develop a comprehensive state animal health and disease research program based on the animal health research capacity of each eligible institution in the state, to be submitted to USDA for approval and be used to allocate funds available to the state. Authorizes appropriations of $25 million annually through FY2024. (7 U.S.C. §3195; P.L. 118-22)
Adds carryover provisions for unexpended funds. Reauthorizes appropriations at current levels through FY2029. (§7109)
Extension and agricultural research at 1890 land-grant colleges, including Tuskegee University. Requires minimum appropriations for extension activities at 1890 land-grant colleges of 20% of the total amount appropriated for extension activities at other land-grant universities. Requires minimum appropriations for research activities at 1890 land-grant colleges of 30% of the total amount appropriated for research activities at other land-grant universities. (7 U.S.C. §§3221-3222; P.L. 118-22)
Increases the minimum amount appropriated for extension services at 1890 land-grant colleges from 20% to 40% of the total amount appropriated for extension activities at other land-grant institutions and the increases the minimum amount appropriated for research at 1890 land-grant colleges from 30% to 40% of the total amount appropriated for research activities at other land-grant universities. (§7110)
Scholarships for students at 1890 institutions. Establishes a scholarship grant program at 1890 institutions for accepted students who intend to pursue a career in agribusiness, energy and renewable fuels, or financial management. Provides mandatory Commodity Credit Corporation (CCC) funding of $40 million in FY2020 and $10 million in FY2023, to remain available until expended. Authorizes appropriations of $10 million annually for FY2020-FY2024. (7 U.S.C. §3222a; P.L. 118-22)
Allows funding to be available until expended. Provides $100 million in mandatory CCC funding not later than October 1, 2024. Extends discretionary appropriations authority at current levels through FY2029. (§7111)
Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Authorizes grants for acquisition and improvement of agricultural and food sciences facilities and equipment, including libraries for 1890 land-grant colleges and including Tuskegee University. Authorizes $25 million annually through FY2024. (7 U.S.C. §3222b(b); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7112)
Grants to upgrade agriculture and food sciences facilities and equipment and support tropical and subtropical agricultural research at insular area land- grant colleges and universities. Authorizes grants for acquisition and improvement of agricultural and food sciences facilities and equipment, including libraries for insular area land-grant colleges and universities. Authorizes appropriations of $8 million annually through FY2024. (7 U.S.C. §3222b-2(d); P.L. 118- 22)
Reauthorizes appropriations at current levels through FY2029. (§7113)
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Matching funds requirement for research and extension activities at eligible institutions. Requires recipients of certain formula grants to provide funds, in-kind contributions, or a combination of both from nonfederal sources in an amount that is at least equal to the amount of the formula grant. (7 U.S.C. §3222d)
Requires grant recipients to submit annual reports to USDA about matching funds “beginning on September 30, 2025, and not later than September 30 of each fiscal year thereafter.” (§7114)
New beginning for tribal students. The 2018 farm bill (P.L. 115-334) authorizes competitive grants to land-grant colleges and universities to provide support targeted at tribal students. Limits the total amount of these grants to $500,000 per year per state. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §3222e; P.L. 118-22)
Removes the cap on the total amount of the grants a state can receive. Reauthorizes appropriations at current levels through FY2029. (§7115)
Education grants programs for Hispanic-serving institutions. Authorizes competitive grants to promote and strengthen Hispanic-serving institutions to carry out education, applied research, and related community development programs. Authorizes appropriations of $40 million annually through FY2024. (7 U.S.C. §3241(c); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7116)
Binational agricultural research and development (BARD). BARD is a cooperative agricultural research program between the United States and the government of Israel that supports collaborative research of mutual interest in authorized research centers in both countries. (7 U.S.C. §3291)
Expands eligible countries to include “United States, Israel, or other signatories of the Abraham Accords Declaration.” Requires BARD to establish an accelerator program to support mid-stage research, fast-track cooperative projects, provide guidance and assistance, and advance agricultural research of mutual interest. (§7117)
Partnerships for international agricultural research, extension, and education. Authorizes USDA to promote cooperation and coordination between defined covered institutions and international partner institutions through improving extension, agricultural research, agricultural teaching and education, and other activities. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §3292; P.L. 118-22)
Renames the section title to “Grants and Partnerships for international agricultural research, extension, and education.” Defines eligible institution. Authorizes USDA to provide grants to institutions to enhance U.S. economic competitiveness and international market development through improved education, research collaboration, and technology application in agriculture. Reauthorizes appropriations at current levels through FY2029. (§7118)
Research equipment grants. Authorizes competitive grants for research equipment. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §3310a(e); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7119)
Research appropriations. Authorizes annual appropriations of such sums as necessary for formula funds for agricultural research at land-grant universities through FY2024. (7 U.S.C. §3311; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7120)
Extension education appropriations. Authorizes annual appropriations of such sums as may be necessary for formula funds for agricultural extension at land- grant universities through FY2024. (7 U.S.C. §3312; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7121)
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Supplemental and alternative crops. Requires USDA to provide competitive grants and other agreements to develop supplemental and alternative crops. Authorizes annual appropriations of $2 million through FY2024. (7 U.S.C. §3319d; P.L. 118-22)
Expands the scope for grants and partnerships to examine potential benefits and opportunities for supplemental and alternative crops. Reauthorizes annual appropriations at current levels through FY2029. (§7122)
New Era Rural Technology Program. Authorizes USDA to establish the program to make grants available for technology development, applied research, and training to aid in the development of an agriculture- based renewable energy workforce. Authorizes annual appropriations of such sums as necessary through FY2024. (7 U.S.C. §3319e; P.L. 118-22)
Grants for community college agriculture and natural resources programs. Renames the section “Grants for community college agriculture and natural resources programs.” Amends definitions to include eligible entities and work-based learning. Requires USDA to prioritize applicants partnering with local industry operators. Defines allowable uses of grants. Reauthorizes appropriations at current levels through FY2029. (§7123)
Capacity building grants for Non-Land-Grant Colleges of Agriculture (NLGCA) institutions. Authorizes competitive grant programs for NLGCA institutions. Authorizes annual appropriations of such sums as necessary through FY2024 (7 U.S.C. §3319i; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7124)
Agriculture advanced research and development authority (AGARDA). The 2018 farm bill establishes the pilot AGARDA to develop technologies, research tools, and products through advanced research on long-term and high-risk challenges for food and agriculture. Authorizes appropriations of $50 million annually through FY2024, to remain available until expended. (7 U.S.C. §3319k; P.L. 118-22)
Amends the definition of precision agriculture. Amends AGARDA goals and duties to focus on overcoming long-term and high-risk technological barriers, including in the areas of water conservation, extreme weather resilience, and disease and pest resistance. Replaces “persons” with “eligible entities” in various responsibilities and collaboration activities. Adds flexibility for qualified products and projects by allowing USDA to determine additional projects. Extends the duration of the program from 5 years to 11 years. Adjusts the reporting and evaluation time frames to align with the extended 11-year period of effectiveness. Reauthorizes appropriations at current levels through FY2029. (§7125)
Aquaculture assistance programs. Provides competitive grants to support aquaculture research and assistance. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §3324(a)(2); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7126)
Special authorization for biosecurity planning and response. Authorizes research, education, and extension activities for biosecurity planning and response. Authorizes appropriations of $30 million annually through FY2024. (7 U.S.C. §3351; P.L. 118- 22)
Reauthorizes appropriations at current levels through FY2029. (§7127)
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Agriculture Research Facility Expansion and Security Upgrades Program. Authorizes competitive grants to support security of agriculture and threats posed by bioterrorism. Authorizes annual appropriations of such sums as necessary through FY2024. (7 U.S.C. §3352; P.L. 118-22)
Renames the Agriculture Research Facility Expansion and Security Upgrades Program to “Agriculture and Food Protection Grant Program.” Expands the program scope to include activities aimed at protecting the food and agricultural system from chemical, biological, cybersecurity, or bioterrorism attacks. Amends grant requirements to allow a wider range of activities and entities to receive grants. Reauthorizes annual appropriations at current levels through FY2029. (§7128)
Distance education grants for insular areas. Authorizes distance education grants for insular area institutions. Authorizes appropriations of $2 million annually through FY2024. (7 U.S.C. §3362; P.L. 118- 22)
Reauthorizes appropriations at current levels through FY2029. (§7129)
Resident instruction grants for insular areas. Authorizes resident instruction grants for insular area institutions. Authorizes appropriations of $2 million annually through FY2024. (7 U.S.C. §3363; P.L. 118- 22)
Reauthorizes appropriations at current levels through FY2029. (§7130)
Annual reporting. Requires an annual report to Congress and the President on USDA activities related to research, extension, and teaching. (7 U.S.C. §3125)
Repeals provision. (§7131)
Next Generation Technology Challenge. Establishes a competition to incentivize development of mobile technology to assist market entry for beginning farmer and ranchers. (7 U.S.C. §3158)
Repeals provision. (§7131)
Grants to upgrade facilities. Allows USDA to provide grants to upgrade agriculture and food sciences facilities at the District of Columbia land-grant university. (7 U.S.C. §3222b-1)
Repeals provision. (§7131)
Rangeland research. Allows USDA to establish a cooperative rangeland research program and provide grants to support such program. (7 U.S.C. §§3331 et seq.)
Repeals provision. (§7131)
Subtitle B – Food, Agriculture, Conservation, and Trade Act of 1990
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Sustainable agriculture research and education. Requires establishment of Best Utilization of Biological Applications research and extension programs. Authorizes $40 million annually through FY2024. Requires establishment of integrated management systems research and education programs for resource and crop management. Authorizes annual appropriations of $20 million through FY2024. Requires development and publication of sustainable agriculture handbooks and technical guides. Authorizes annual appropriations of $5 million through FY2024. Requires the establishment of a National Training Program in Sustainable Agriculture. Authorizes annual appropriations of $20 million through FY2024. (7 U.S.C. §§5811 et seq.; 7 U.S.C. §5821; 7 U.S.C. §5831; 7 U.S.C. §5832; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. The bill incorrectly cites the U.S. Code corresponding to §1628(f)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 as “7 U.S.C. 1631(f)(2).” §1628(f)(2) is codified at 7 U.S.C. §5831(f)(2). (§7201)
National Genetic Resources Program. Establishes the program to acquire, document, preserve, characterize, and distribute germplasm of agricultural and crop species. Authorizes appropriations of $1 million annually through FY2024. (7 U.S.C. §§5841 et seq.; P.L. 118-22).
Reauthorizes appropriations at current levels through FY2029. (§7202)
Agricultural Genome to Phenome Initiative. Establishes the initiative to expand the knowledge of public and private sector entities and persons concerning genomes for species of importance to the food and agriculture sectors in order to maximize the return on the investment in genomics of agriculturally important species. Authorizes appropriations of $40 million annually through FY2024. (7 U.S.C. §5924; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7203)
High-priority research and extension initiatives. Authorizes competitive grants for “high-priority research and extension” areas and initiatives and other programs. For the pulse crop initiative, authorizes appropriations of $25 million annually through FY2024. For the Comprehensive Food Safety Training Network, authorizes annual appropriations of $20 million. For pollinator protection research and extension grants, authorizes annual appropriations of $10 million through FY2024. For increasing capacity and infrastructure for pollinator protection, authorizes annual appropriations of $7.25 million through FY2024. For honey bee surveillance, authorizes annual appropriations of $2.75 million through FY2024. Authorizes annual appropriations of such sums as necessary to carry out this section through FY2024. (7 U.S.C. §5925; P.L. 118-22)
Retains, amends, repeals, and/or adds research areas as high-priority. Removes initiatives that cover agricultural development in the American-Pacific region; tropical and subtropical research; coffee plant health; corn, soybean meal, cereal grains, and grain byproducts research and extension; macadamia tree health; fertilizer management; and nutrient management. Adds initiatives that cover fertilizer and nutrient management, tropical plant health, biochar, wildlife smoke exposure, invasive species, microplastics and polyfluoroalkyl substances (PFAS) on farmland, agricultural byproducts, soil health, white oak, alternative growing media research, rangeland, and specialty crop mechanization. Requires USDA to submit annual reports to Congress describing how USDA carried out research and extension activities regarding the high-priority initiatives for the previous two fiscal years, including the amount of funding allocated to each high-priority research and extension initiative. Reauthorizes appropriations at current levels through FY2029. (§7204)
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Organic research and extension. The 2008 farm bill (P.L. 110–246) established the Organic Agriculture Research and Extension Initiative to provide grants to facilitate the development of organic agriculture production and processing. Provides permanent mandatory CCC funding of $50 million annually. Authorizes additional appropriations of $25 million annually through 2024. (7 U.S.C. §5925b; P.L. 118-22)
Extends USDA’s authority to make competitive grants through FY2029. Makes other administrative changes and removes dated provisions no longer active. Reauthorizes appropriations at current levels through FY2029. (§7205)
Farm business management. Authorizes competitive research and extension grants for improving agricultural producers’ farm management knowledge and skills and for establishing and maintaining a national, publicly available farm financial management database to support improved farm management. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §5925f; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7206)
Urban, indoor, and innovative research. The 2018 farm bill, as amended, authorizes USDA to make grants to facilitate the development of urban and indoor agricultural production, harvesting, packaging, and distribution systems and new markets. Provides mandatory CCC funds of $10 million for FY2019 and $2 million for FY2024, to remain available until expended. Authorizes additional appropriations of $10 million annually through FY2024. (7 U.S.C. §5925g; P.L. 118-22)
Adds managing waste streams and providing career and technical education by land-grant colleges and universities and minority-serving institutions as eligible grant recipients. Makes other technical changes. Reauthorizes appropriations at current levels through FY2029. (§7207)
Centers of excellence. Authorizes USDA to fund at least three centers of excellence (COEs) focused on specified areas related to food and agriculture. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §5926; P.L. 118-22)
Clarifies eligibility to include 1862 and 1994 land-grant institutions, non-land-grant college of agriculture institutions, Hispanic-serving agricultural colleges or universities, and accredited veterinary schools. Requires host institutions to partner with other entities. Requires USDA to ensure COE geographic diversity. Defines COE focus areas. Sets the award duration to five years and prohibits the use of funds for construction. Revises congressional reporting requirements. Requires USDA to recognize at least eight COEs at 1890 institutions and defines their focus areas. Reauthorizes appropriations at current levels through FY2029. (§7208)
Assistive technology program for farmers with disabilities. Establishes a grant program to provide on-the-farm agricultural education and assistance directed at accommodating individuals with disabilities in farm operations. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §5933; P.L. 118-22)
Renames the section to “Think DIFFERENTLY National AgrAbility Project.” Provides $8 million in mandatory CCC funding, to remain available until expended. Reauthorizes appropriations at current levels through FY2029. (§7209)
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Underserved producer training and outreach. The 2018 farm bill merged two USDA programs providing grants to beginning, veteran, and socially disadvantaged producers. Provides mandatory CCC funding of $50 million annually. Authorizes additional appropriations of $50 million annually through 2024. (7 U.S.C. §2279, P.L. 118-22)
Reauthorizes USDA grant authority through FY2029 under each of the two subprograms of the Farming Opportunities Training and Outreach. Reauthorizes appropriations at current levels through FY2029. (§7210)
National Rural Information Center Clearinghouse. Establishes the clearinghouse to provide information about rural assistance programs and services provided by federal, state, and local agencies and private nonprofit organizations. Authorizes appropriations of $0.5 million annually through FY2024. (7 U.S.C. §3125b; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7211)
National Agricultural Weather Information System. The National Agricultural Weather Information System Act of 1990 (P.L. 101-624) established the Agriculture and Agricultural Weather Office to meet the weather forecasting and climate information needs of agricultural producers. (7 U.S.C. §§5851 et seq.)
Repeals the program. (§7212)
Subtitle C – Agriculture, Research, Extension, and Education Reform Act of 1998
National food safety training. The FDA Food Safety Modernization Act (P.L. 111-353), as amended by the 2018 farm bill, establishes a competitive grants program to support training, education, extension, outreach, and technical assistance projects to increase the adoption of established food safety standards, guidance, and protocols. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §7625; P.L. 118- 22)
Removes certain program coordination requirements involving the National Integrated Food Safety Initiative. Reauthorizes appropriations at current levels through FY2029. (§7301)
Integrated research, education, and extension competitive grants program. Authorizes an integrated research, education, and extension competitive grants program to provide funding for integrated, multifunctional agricultural research, extension, and education activities. Authorizes annual appropriations of such sums as necessary through FY2024. (7 U.S.C. §7626; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7302)
Support for research regarding selected crop diseases. Authorizes grants to understand and combat diseases of wheat, triticale, and barley caused by Fusarium graminearum and related fungi. Authorizes annual appropriations of $15 million through FY2024. (7 U.S.C. §7628; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7303)
Grants for youth organizations. Authorizes grants to the Girl Scouts, the Boy Scouts, the National 4–H Council, and the National Future Farmers of America Organization to establish pilot projects to expand their programs in rural areas and small towns. Authorizes appropriations of $3 million annually through FY2024. (7 U.S.C. §7630; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7304)
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Specialty crop research. The 2008 farm bill established the Specialty Crop Research Initiative. Provides mandatory CCC funds of $80 million annually, of which at least $25 million annually is reserved for the Emergency Citrus Disease Research and Extension Program through FY2024. Authorizes additional appropriations of $100 million annually through FY2024. (7 U.S.C. §7632; P.L. 118-22)
Allows USDA to waive matching requirements in certain cases. Creates a Specialty Crop Mechanization and Automation Research and Extension Program with an allocation of $20 million of the total available mandatory funding. Maintains the Emergency Citrus Disease Research and Extension Program with an allocation of $25 million of the total available mandatory funding. Provides $175 million in total mandatory CCC funds for FY2025. Reauthorizes appropriations at current levels through FY2029. (§7305)
No comparable provision. Agriculture grants for veteran education and training services. Establishes a competitive grant program to support farming and ranching opportunities for veterans. Authorizes appropriations of $3 million annually through FY2029. (§7306)
Food Animal Residue Avoidance Database Program. Establishes a database to provide livestock producers, extension specialists, scientists, and veterinarians with information to prevent drug, pesticide, and environmental contaminant residues in food animal products. Authorizes appropriations of $2.5 million annually through FY2024. (7 U.S.C. §7642; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7307)
Office of Pest Management Policy. Establishes the office to coordinate USDA’s policies and activities related to pesticides and pest management tools. Authorizes appropriations of $3 million annually in appropriations through FY2024. (7 U.S.C. §7653; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7308)
Forestry products advanced utilization research. Establishes a forestry and forestry products research and extension grant program to develop and disseminate science-based tools that address the needs of the forestry sector and their respective regions. Authorizes appropriations of $7 million annually through FY2024. (7 U.S.C. §7655b; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7309)
Biobased products. Authorizes a cooperative agreement program to coordinate research, commercialize, and promote the use of biobased products. (7 U.S.C. §7624)
Repeals section. (§7310)
Agricultural biotechnology research and development for developing countries. Authorizes a competitive grant program to develop agricultural biotechnology for developing countries. (7 U.S.C. §7631)
Repeals section. (§7310)
Subtitle D – Food, Conservation, and Energy Act of 2008
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Grazinglands Research Laboratory. The 2008 farm bill prohibits declaring the laboratory as excess or surplus federal property for the five-year period beginning on the date of enactment of the 2008 farm bill. Subsequent farm bills extended this to 15 years. (P.L. 110-264; P.L. 115-334; 112 Stat. 2019)
Removes the 15-year limitation. (§7401)
Farm and Ranch Stress Assistance Network. Establishes the network to provide stress assistance programs for those engaged in agriculture-related occupations. Authorizes appropriations of $10 million annually through FY2024. (7 U.S.C. §5936; P.L. 118- 22)
Expands the scope of the farm telephone helplines to explicitly include crisis hotlines. Extends support services and eligible entities. Reauthorizes appropriations at current levels through FY2029. (§7402)
Sun grant program. Establishes six sun grant centers and authorizes competitive grants to enhance national energy security through the development, distribution, and implementation of biobased energy technologies. Authorizes appropriations of $75 million annually through FY2024. (7 U.S.C. §8114; P.L. 118-22)
Amends “product” to “bioproduct” throughout. Increases the allowable funds for administrative expenses for a sun grant center or subcenter to 30%. Reauthorizes appropriations at current levels through FY2029. (§7403)
Research and education grants for the study of antibiotic-resistant bacteria. Establishes a competitive grant program for the study of antibiotic- resistant bacteria. (7 U.S.C. §3202)
Repeals the section. (§7404)
Natural products research program. Establishes a natural products research program to improve human health and agricultural productivity through the discovery, development, and commercialization of products and agrichemicals from bioactive natural products. (7 U.S.C. §5937)
Repeals the section. (§7404)
Subtitle E – Amendments to Other Laws
Equity in Educational Land-Grant Status Act of 1994. Establishes land-grant aid to colleges. Authorizes annual appropriations of such sums as necessary through FY2024. (7 U.S.C. §301 note; P.L. 118-22)
Amends language about the amount of public land that is apportioned to each state government from “equal to” to “no less than” 30,000 acres. Reauthorizes appropriations at current levels through FY2029. (§7501)
Research Facilities Act. Defines and authorizes funding for agricultural research facilities. Authorizes annual appropriations of such sums as necessary through FY2024. (7 U.S.C. §§390 et seq.; P.L. 118- 22)
Provides mandatory CCC funding of $2.5 billion for FY2025, to remain available until expended. Reauthorizes appropriations at current levels through FY2029. (§7502)
Agriculture and Food Research Initiative. Authorizes a competitive grant program to address various areas of importance to the agricultural production, food, and nutrition sectors. Authorizes appropriations of $700 million annually through FY2024. (7 U.S.C. §3157; P.L. 118-22)
Adds provisions to shellfish, hydroponics, aquaponics, aeroponics, and other controlled environment agriculture production technologies; supply chain coordination, capacity building, workforce training and development; and precision agriculture. Extends eligibility to area career and technical education schools. Reauthorizes appropriations at current levels through FY2029. (§7503)
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Extension design and demonstration initiative. Establishes a research initiative to design adaptive prototype systems that enhance education and extension. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §3157(d); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7504)
Biomass research and development. Establishes a research initiative between USDA and the Department of Energy (DOE) to coordinate research and development programs and activities related to biofuels and biobased products that are carried out by their respective departments. Authorizes appropriations of $20 million annually through FY2024. (7 U.S.C. §8108(h); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§7505)
Renewable Resources Extension Act of 1978. Authorizes appropriations of $30 million annually through FY2024 for forestry-related extension activities. (16 U.S.C. §1675 and §1671 note; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029 and extends authority under 16 U.S.C. §1675 note. (§7506)
National Aquaculture Act of 1980. Requires the Secretaries of Agriculture, Commerce, and the Interior to develop and implement the National Aquaculture Development Plan. Requires the plan to be reviewed “periodical[ly].” Authorizes appropriations of $1 million annually each for USDA, the Department of Commerce, and the Department of the Interior through FY2024. (16 U.S.C. §§2801 et seq.; P.L. 118-22)
Clarifies that the plan must be reviewed at least once every three years. Requires the plan to include a catalog of new and existing capital constraints affecting the U.S. aquaculture industry and a catalog of new and existing federal or state regulatory barriers impacting commercial aquaculture ventures. Establishes the Aquaculture Advisory Committee. Requires USDA to submit an annual report to Congress on U.S. aquaculture. Reauthorizes appropriations at current levels through FY2029. (§7507)
Reports on disbursement of funds for selected 1862 and 1890 land-grant colleges. Requires USDA to submit an annual report to Congress detailing the allocations to and matching funds received by 1890 institutions and 1862 institutions for agricultural research, extension, education, and related programs. (7 U.S.C. §2207d)
Requires each state’s governor to annually attest to USDA their ability to meet the state’s matching funds requirements. Requires USDA to submit an annual report to Congress detailing these attestations, which is to be made publicly available on USDA's website. (§7508)
Authorization for appropriations for federal agricultural research facilities. Authorizes annual appropriations of such sums as necessary to plan, construct, acquire, alter, and repair buildings and other public improvements for the Agricultural Research Service. (P.L. 99-198, §1431; 99 Stat. 1556)
Repeals the provision. (§7509)
Subtitle F – Other Matters
Foundation for food and agriculture research. Establishes a nonprofit corporation to advance the research mission of USDA by supporting agricultural research activities through private-public partnerships. (7 U.S.C. §5939)
Makes technical corrections and adds clauses including membership requirements for the board of directors. Requires annual reports to include additional information and be provided to Congress. (§7601)
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Agriculture Innovation Center Demonstration Program. Establishes the program to provide grants and technical assistance to producers developing agricultural-based businesses based on value-added production. Authorizes appropriations of $15 million annually through FY2024. (7 U.S.C. §1632b; P.L. 118-22)
Allows USDA to waive certain Agriculture Innovation Center board of director requirements. Reauthorizes appropriations at current levels through FY2029. (§7602)
Livestock insects laboratory. Names the Agricultural Research Service Livestock Insects Laboratory the “Knipling-Bushland Research Laboratory.” (P.L. 100-208; 101 Stat. 1439)
Changes laboratory name to “Knipling-Bushland Research Center.” (§7603)
Hatch Act of 1887. Authorizes payment of allotments to state agricultural experiment stations. (7 U.S.C. §361e)
Makes technical corrections, including replacing “director” with “experiment station director” and ‘‘the authorized receiving officer’’ with “the experiment station director.” (§7604)
No comparable provision. Commission on National Agricultural Statistics Service (NASS) Modernization. Establishes the commission on NASS modernization to provide recommendations on modernizing and streamlining NASS data collection. Terminates the commission in September of FY2029. Provides mandatory CCC funding of $1 million for FY2025. (§7605)
No comparable provision. Restoration of 4–H name and emblem authority. Defines 4-H club, 4-H emblem or name, 4-H Program, and land-grant college or university, including authorized agents. Authorizes USDA to use and grant permissions for the 4-H emblem or name, with or without fees. Requires collected fees be deposited into a special account for the 4-H Program. Prohibits unauthorized use of the 4-H emblem. (§7606)
Under Secretary of Agriculture for Research, Education, and Economics. Authorizes USDA to establish the Office of Under Secretary for Research, Education, and Economics, with the Under Secretary appointed by the President and confirmed by the Senate. (7 U.S.C. §6971)
Requires USDA to collaborate with other federal agencies on research and development. Requires USDA, within one year, to establish memoranda of understanding with DOE and the National Science Foundation to support joint research, infrastructure development, data integration, and public-private partnerships. Requires USDA, within two years, to report to Congress on these efforts. Requires these efforts to be consistent with CHIPS Act (P.L. 117-167) research security guidelines. Makes additional technical corrections. (§7607)
No comparable provision. Agricultural Innovation Corps. Establishes the Agricultural Innovation Corps (Ag I-Corps) to promote technology transfer and boost the economic impact of federally funded research. Authorizes USDA to offer grants for prototype development and infrastructure building for early-stage innovations. By September 30, 2025, and every two years after, requires USDA to report to Congress on the program’s effectiveness. (§7608)
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Table 9. Title VIII, Forestry
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Subtitle A – Cooperative Forestry Assistance Act of 1978
Statewide assessments and strategies for forest resources. Allows USDA to support development of statewide forest resource assessments and strategies. Authorizes appropriations up to $10 million annually through FY2024. Authorizes use of any other funds made available for planning under this chapter to carry out this section. Limits total funding to $10 million annually. (16 U.S.C. §2101a(f); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. Authorizes use of any other funds made available under this bill to develop and implement statewide forest resource assessments and strategies. (§8101)
Forest Legacy Program. Permanently authorizes the program, which provides financial assistance to protect environmentally important forest areas threatened by conversion to non-forest uses. Allows USDA to convey lands or interests in lands acquired under the program in Vermont to the state without consideration. (16 U.S.C. §2103c)
Amends the act to specify that USDA may convey lands or interests in lands acquired under the program in any state to the state without consideration. (§8102)
State and private forest landscape scale restoration program. Authorizes a program to provide financial assistance for landscape scale restoration projects that cross landownership boundaries (e.g., federal, state, tribal, and/or private forest lands). Authorizes appropriations of $20 million annually through FY2024, to remain available until expended. (16 U.S.C. §2109a; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§8103)
Subtitle B – Healthy Forests Restoration Act of 2003
Definitions. Defines at-risk community for the purposes of the Healthy Forests Restoration Act of 2003 (HFRA; P.L. 108-148) to mean an area that is an interface community (a group of homes and other structures with basic infrastructure and services, such as utilities and collectively maintained transportation routes) within or adjacent to federal land in which conditions are conducive to a large-scale wildland fire disturbance event that would result in a significant threat to human life or property. (16 U.S.C. §6511)
Amends the definition of at-risk community to specify that, in the case of groups of homes or other structures with basic infrastructure and services, the existing adjacency requirements would be stricken, and the area must be within or adjacent to federal land at risk from wildfire as recognized by a local, state, regional, tribal, territorial, or national wildfire risk assessment. (§8201)
Cross-boundary hazardous fuels reduction projects. Authorizes the U.S. Forest Service (FS) and Bureau of Land Management (BLM) to make grants to projects that reduce hazardous fuels across ownership boundaries on federal and nonfederal land. Authorizes appropriations of $20 million annually through FY2024. (16 U.S.C. §6513(e); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§8202)
Authorization of appropriations. Authorizes appropriations of $660 million annually through FY2024 to carry out the purposes of HFRA and other hazardous fuels reduction activities of FS and BLM. (16 U.S.C. §6518; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§8203)
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Water Source Protection Program. Authorizes FS to establish a water source protection program on the National Forest System (NFS). Allows FS to enter into water source investment partnership agreements with end water users to protect and restore the condition of NFS watersheds that provide water to the end water users. Requires at least 50% funding match from nonfederal partners. Allows use of cash or in-kind donations from specified nonfederal partners for the matching requirement. Authorizes appropriations of $10 million annually through FY2024. (16 U.S.C. §6542, P.L. 118-22)
Defines adjacent lands and lists additional eligible end water users. Specifies requirements and selection priorities for watershed protection and restoration projects under the program and specifies conditions to carry out projects on adjacent lands. Requires FS to cooperate with nonfederal partners to carry out assessments, planning, project design, and project implementation. Allows the matching fund requirement to be waived. Reauthorizes appropriations at current levels through FY2029. Limits support of partner planning and technical assistance to 10% of appropriations. (§8204)
Watershed Condition Framework. Allows FS to establish a Watershed Condition Framework for NFS lands. Requires FS to identify up to five priority watersheds in each national forest and develop and implement a watershed protection and restoration action plan. (16 U.S.C. §6543)
Removes the term protection from provisions related to developing and implementing watershed restoration action plans. (§8205)
Insect Infestations and Related Diseases. Requires FS, in cooperation with the U.S. Geological Survey, to establish a program to gather and distribute information on forest-damaging insects, associated diseases, and effective treatments and strategies to counter them. Terminates the program on October 1, 2024. (16 U.S.C. §§6551 et seq.; P.L. 118-22)
Extends the program through October 1, 2029. (§8206)
Designation of treatment areas. Authorizes FS and BLM, upon request from a state, to designate landscape scale insect and disease treatment areas on at least one national forest within the state. Allows FS or BLM to carry out priority projects to address insect or disease infestations or reduce hazardous fuels on designated federal land. Projects for which a public notice to initiate scoping is issued on or before September 30, 2024, may be carried out under specified conditions for administrative and judicial review and environmental analysis. (16 U.S.C. §6591a; P.L. 118-22)
Extends the program through September 30, 2029. (§8207)
Stewardship end result contracting projects. Allows FS and BLM to enter into stewardship contracts or agreements—generally of 10 years or less, though up to 20 years in some circumstances—to achieve specified land management goals, such as hazardous fuels reduction and watershed restoration. Allows agencies to combine restoration services and forest product harvesting into a single project. FS and BLM may apply the value of harvested forest products toward the value of restoration services. Exempts stewardship agreements or contracts from the Knutson-Vandenberg Act (16 U.S.C. §§576 et seq.), which authorizes FS to retain revenue collected from timber sales and use them to fund specified forest and renewable resource projects, subject to reforestation of the project site. (16 U.S.C. §6591c)
Authorizes retention and expansion of existing forest products infrastructure as a project purpose. Extends the maximum contract term to 20 years. Repeals exemption to the Knutson-Vandenberg Act. (§8208)
Subtitle C – Other Forestry Programs
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Semiarid Agroforestry Research, Development, and Demonstration Center. Establishes the center in Lincoln, NE. Authorizes appropriations of $5 million annually through FY2024. (16 U.S.C. §1642 note; P.L. 118-22)
Renames the section “National and Regional Agroforestry Centers.” Renames the research center “National Agroforestry Research, Development and Demonstration Center.” Defines agroforestry and describes applicable practices. Requires USDA to establish one or more regional agroforestry centers to be administered under the national center. Specifies the research to be conducted at the national and regional centers. Requires USDA to conduct a National Agroforestry Producers Survey within five years and every five years thereafter. Authorizes appropriations of $7 million annually through FY2029. (§8301)
Forest Foundation. Establishes the National Forest Foundation (NFF) as a charitable and nonprofit corporation to administer private financial and property gifts to benefit FS. Allows USDA to provide matching funds to NFF for administrative expenses through FY2024. Authorizes appropriations of $3 million annually through FY2024 to provide matching funds for NFF. (16 U.S.C. §§583j et seq.; P.L. 118-22)
Authorizes the use of NFF funds for activities related to white oak forests, such as reestablishment, management improvements, and improvement of nursery stock and seedlings. Specifies that NFF may accept gifts, devises, and bequests for these purposes. Requires NFF to report to Congress on activities related to white oak forests, including funding. Reauthorizes appropriations at current levels and extends USDA authority to provide matching funds through FY2029. (§8302)
FS Facility Realignment and Enhancement Program. Establishes the program to authorize the conveyance of administrative sites of up to 10 undeveloped parcels of up to 40 acres of NFS land per fiscal year. Authorization to initiate new conveyances expired on September 30, 2019. (16 U.S.C. §580d note)
Extends the FS Facility Realignment and Enhancement Program through September 30, 2029. (§8303(a))
Authorization to lease FS sites. Authorizes USDA to lease FS administrative sites on up to 10 isolated, undeveloped parcels of up to 40 acres each per fiscal year through FY2024. The lease must be for market value but may be paid in cash or in-kind consideration. (16 U.S.C. §580d note; P.L. 118-22)
Specifies that multiunit dwellings are eligible. Authorizes FS to accept certain “services occurring off the administrative site” that occur at another administrative site on the NFS, benefit the NFS, and support activities occurring within the unit of the NFS on which the administrative site is located as in-kind consideration. Limits lease terms to 100 years. Extends the program through October 1, 2029. (§8303(b))
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Forest inventory and analysis. Requires USDA to establish a program to inventory and analyze private and public forests and their resources in the United States, known as the Forest Inventory and Analysis (FIA) program. Requires USDA to annually publish all data collected for such inventories for each state. Requires USDA to publish a nationwide report analyzing forest health conditions and trends over the previous two decades no more than every five years. Requires USDA to publish national standards and definitions used for the FIA program. Requires USDA to prepare a strategic plan for the FIA program. Although not specified in law, the FIA program collects, analyzes, and makes publicly available data related to woodland owners and timber products output. (16 U.S.C. §1642(e))
Specifies that forest resources include forest carbon. Requires USDA to collect information to include a timber products output survey and a national woodland owner survey. Requires USDA to include a clear description of the definition of forest used for reporting FIA program data. Requires the FIA strategic plan to include procedures related to inventorying changes in land cover and use and evaluating carbon-related data, national consistent data collection protocols, forest carbon, collaboration, transparency, and expanded data collection. Requires USDA to update and submit to Congress the FIA strategic plan no later than 180 days after enactment. Requires USDA to update the plan every five years. Requires USDA to ensure that FIA data is confidential and easily accessible. Requires USDA to publish a biennial compilation of national forest inventory and analysis forest statistics, accompanied by relevant geospatial products. Requires USDA to establish an office, data platform, or team to process and respond to complex FIA data requests submitted by external organizations. Allows USDA to collect fees for such requests. (§8304(a))
Remote sensing technologies. Requires FS to “find efficiencies” in the operations of the FIA program through the use and integration of advanced remote sensing technologies. (16 U.S.C. §1642 note)
Specifies that “advanced remote sensing technologies” includes microwave, LiDAR, hyperspectral, and high- resolution remote sensing data and advanced computing technologies for improved modeling. (§8304(b))
No comparable provision. Reforestation, nursery, and seed orchard support. Requires FS to engage in a variety of activities related to nursery and tree establishment programs, including providing training, technical assistance, and research in partnership with federal and state agencies, Indian tribes, private nurseries, and other relevant entities. Requires USDA to establish a grant program to support nurseries and seed orchards to states, counties, local governments, Indian tribes, private nurseries, or institutions of higher education. Authorizes appropriations of $5 million annually through FY2029. (§8305)
Subtitle D – Forest Management
Categorical Exclusions. Federal agencies may establish categorical exclusions (CEs) as actions excluded from further analysis and documentation in an environmental impact statement or environmental assessment under the National Environmental Policy Act (NEPA, P.L. 91-190). (43 U.S.C. §§4321 et seq.)
Requires the USDA to develop a CE “as defined at 40 C.F.R. §1508.4 or successor regulations” for high- priority hazard tree activities. Defines high-priority hazard tree as one that presents a visible hazard to people or federal property and meets other specified criteria. Defines high-priority hazard tree activities as forest management activities that mitigate the risks associated with high-priority hazard trees excluding specified activities. Limits the CE to projects of no more than 3,000 acres. (§8401)
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Administrative review. Allows FS to carry out priority projects of up to 3,000 acres on federal land in designated insect and disease treatment areas to reduce hazardous fuels or reduce the risk or extent of, or increase resilience to, insect and disease infestation. Establishes a CE for such projects, among other provisions. (16 U.S.C. §6591a-b)
Increases the size of priority projects from up to 3,000 to up to 10,000 acres. (§8402)
Wildfire resilience projects. Allows FS to carry out authorized hazardous fuels reduction projects less than 3,000 acres. Establishes a CE for such projects, among other provisions. (16 U.S.C. §6591d(c)(1))
Increases the size of authorized hazardous fuels reduction projects from up to 3,000 to up to 10,000 acres. (§8403)
Establishment of fuel breaks in forests and other wildland vegetation. Allows FS and BLM to establish and maintain linear fuel breaks. Limits such projects to 3,000 acres. Establishes a CE for such projects, among other provisions. (16 U.S.C. §6592b(d)(1))
Increases the size of projects from up to 3,000 to up to 10,000 acres. (§8404)
CE for greater sage-grouse and mule deer habitat. Allows FS and BLM to undertake covered vegetation management activities to protect, restore, or improve sage-grouse or mule deer habitat in a sagebrush steppe ecosystem. Specifies that, with respect to the public lands, such activities meet the objectives of Secretarial Order 3336 dated January 5, 2015. Limits such projects to 4,500 acres in size. Establishes a CE for such projects, among other provisions. Requires activity to protect, restore, or improve habitat concurrently for greater sage-grouse and mule deer if the CE is used to implement a covered vegetative management activity in an area within the range of both species. (16 U.S.C. §6591e)
Removes the requirements that such activities meet the objectives of Secretarial Order 3336 for public lands; such activities take place in a sagebrush steppe ecosystem; and activities implemented under the CE within the range of both greater sage-grouse and mule deer must concurrently protect, restore, or improve habitat for both species. Allows projects up to 4,500 acres in forested ecosystems or 7,500 acres in rangeland ecosystems. (§8405)
Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way. Through a variety of authorities, USDA may authorize nonfederal groups to occupy and use NFS lands. Special provisions regarding vegetation management, among other topics, apply to electric transmission and distribution facilities approved under the specific authority of the Federal Land Policy and Management Act (P.L. 94-579). (43 U.S.C. §1772)
Establishes a CE “as defined at 40 C.F.R. §1508.4 or successor regulations” for the development and approval of vegetation management, facility inspection, and operation and management plans for electric transmission and distribution facilities submitted under 43 U.S.C. §1772 as well as the implementation of routine forest management activities under such plan. Specifies the CE shall not apply in wilderness or areas of the NFS where vegetation removal is prohibited. Prohibits the establishment of permanent roads under such plans but allows maintenance and repair of existing permanent roads. Requires decommissioning of temporary roads. Exempts activities conducted under the CE from §7 of the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. §1536) and §106 of the National Historic Preservation Act (54 U.S.C. §306108). (§8406)
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The ESA (16 U.S.C. §1536(a)(2)) generally requires federal agencies to consult with the U.S. Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) when their discretionary actions may affect species listed under the ESA or the designated critical habitat for those species. FWS and NMFS implementing regulations require federal agencies to reinitiate this consultation process when any of four specified triggering events take place that may change the services’ conclusions about the effects of the action. Federal courts have reached different conclusions on reinitiating consultation in the context of approved land and resource management plan prepared, amended, or revised under the FS and BLM land and resource planning laws (FS, 16 U.S.C. §1604(d)(2); BLM, 43 U.S.C. §1712A). FS and BLM generally need not reinitiate consultation for previously adopted land and resource management plans when new species are listed or critical habitat is designated under the ESA, subject to certain limitations. There are still circumstances in which FS and BLM must reinitiate consultation; when such circumstances occur, the agencies remain subject to different rules established by different circuit courts, based on geographic location. (16 U.S.C. §1604; 43 U.S.C. §2606; 50 C.F.R. §402.16(b))
Specifies that FS and BLM shall not be required to reinitiate consultation under §7(a)(2) of the ESA (16 U.S.C. §1536(a)(2)) or 50 C.F.R. §402.16 or a successor regulation on an approved land and resource management plan if a species is listed as threatened or endangered, critical habitat is designated, or new information concerning a threatened or endangered species or critical habitat becomes available. (§8411)
Good neighbor authority. Allows FS and BLM to enter into contracts or agreements with states, counties, and Indian tribes (as defined at 25 U.S.C. §5304) to conduct authorized restoration services. Allows states to use funds received through the sale of timber under such a project for additional projects under the authority through FY2024. Specifies that any payment made by a county to FS or BLM under such a project would not be subject to applicable revenue- sharing laws. (16 U.S.C. §2113a)
Specifies that funds received by a state, county, or Indian tribe (as defined at 25 U.S.C. §5304) through the sale of timber under such a project may be retained and used on additional projects under the authority. Specifies that any payment made by a county to FS or BLM under such a project would be subject to applicable revenue-sharing laws. Specifies that the amendments made by this section apply to all good neighbor projects initiated after December 18, 2018. (§8412)
Collaborative Forest Landscape Restoration Program. Allows FS to select and fund the implementation of collaboratively developed restoration proposals for priority forest landscapes according to specified criteria. Limits the total number of awards to 10 per fiscal year and not more than two proposals in any one NFS region per fiscal year. Authorizes appropriations of $80 million annually through FY2024, to remain available until expended. (16 U.S.C. §7303; P.L. 118-22)
Requires eligible project proposals to include plans to prevent, remediate, or control invasions of exotic pathogens and to address “standardized monitoring questions and indicators.” Allows USDA to give special consideration to proposals that meet specified criteria. Repeals the 10 awards per fiscal year limit. Allows four awards in any one NFS region per fiscal year. Reauthorizes appropriations at current levels through FY2029. (§8413)
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No comparable provision. Public-private wildfire technology deployment and tested partnership. Requires USDA and the Department of the Interior (DOI), in coordination with the heads of covered agencies, to establish a deployment and testbed pilot program for new and innovative wildfire prevention, detection, communication, and mitigation technologies within 60 days. Requires USDA and DOI to incorporate the pilot program into an existing interagency coordination group on wildfires. Requires USDA and DOI to identify key technology priority areas. Allows USDA and DOI to partner with private entities, nonprofit organizations, and institutions of higher education. Requires USDA and DOI to prioritize partnerships with entities developing and applying emerging technologies. Requires USDA and DOI to engage in outreach regarding the program and annually report to Congress. Terminates the program on September 30, 2029. (§8414)
Forest Service participation in the Agriculture Conservation Experienced Services (ACES) Program. Allows FS to use funds derived from conservation-related programs to use the ACES Program to provide technical services for conservation- related USDA programs and authorities on NFS land. Terminates authority on October 1, 2024. (16 U.S.C. §3851a; P.L. 118-22)
Renames the section “Forest Service participation in Experienced Services.” Provides conforming amendments. Repeals the termination date. (§8415)
Timber sales on NFS lands. Requires USDA to advertise all NFS timber sales unless it is determined that extraordinary conditions exist or that the appraised value of the sale is less than $10,000. (16 U.S.C. §472a)
Increases the appraisal threshold above which USDA must advertise NFS timber sales from $10,000 to $50,000. Allows USDA to dispose of portions of trees or forest products by timber sale or by other means, without appraisal, in the event of extreme risks to NFS land. (§8416)
Through a variety of authorities, USDA may authorize nonfederal groups to occupy and use NFS lands. Special provisions regarding vegetation management, among other topics, apply to electric transmission and distribution facilities approved under the authority of the Federal Land Policy and Management Act. (43 U.S.C. §1772)
Permits and agreements with electrical utilities. Allows USDA, on any special use permit or easement on NFS lands provided to an electric utility company, to provide permission to cut and remove vegetation near distribution lines or transmission lines without requiring a separate timber sale. If the electrical utility sells any portion of the material removed, the utility must remit the proceeds of the sale to USDA. (§8417)
Through a variety of authorities, federal agencies may enter into cooperative agreements or contracts with nonfederal entities for specified purposes.
Cooperative agreements and contracts for prescribed fire. Allows USDA, DOI, and the Department of Defense (DOD) to enter into a cooperative agreement or contract with specified entities to allow the entity to coordinate, plan, or conduct a prescribed fire or training event on federal land. Limits agreements to 10 years. Allows some eligible entities to subcontract applicable work. Requires prescribed fires to be carried out on a project-by-project basis under existing authorities of the applicable federal agency and only with prior written approval of each applicable Secretary. (§8418(a))
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Tribal forest protection assets. Allows Indian tribes (as defined by 25 U.S.C. §5304) to request USDA or DOI, with respect to BLM lands, enter into an agreement or contract for a project to protect Indian forest land or rangeland (including applicable adjacent federal land). (25 U.S.C. §§3115a et seq.)
Allows USDA, DOI, or DOD to enter into a contract or agreement with an Indian tribe for prescribed burns on federal lands. Contracts or agreements may allow multiple prescribed burns; the Indian tribe to plan, coordinate, and execute prescribed burns; and the meeting of federal staffing standards with a combination of federal, state, and tribal personnel. Requires coordination between USDA and other federal and nonfederal groups regarding prescribed burns under the section. (§8418(b))
Cooperative funds and deposits. Allows USDA to enter into cooperative agreements with a variety of nonfederal groups for specified purposes. Under such agreements, cooperators and their employees may perform cooperative work under FS supervision in specified circumstances. (16 U.S.C. §565a-1-a-2)
Adds prescribed fire and prescribed fire training events as authorized purposes for entering cooperative agreements. Allows Indian tribes to supervise cooperators under this section. (§8418(c))
No comparable provision. Directs FS, in coordination with permitholders for livestock grazing on federal lands, to develop a strategy to increase opportunities to use livestock grazing and associated rangeland improvements as a wildfire risk reduction strategy. (§8419)
Joint Chiefs Landscape Restoration Partnership program. Establishes the program, jointly administered by FS and the Natural Resources Conservation Service (NRCS), to improve the health and resilience of forest landscapes across NFS lands and specified nonfederal land. Requires reports to Congress in FY2022 and FY2023. Authorizes appropriations of $90 million for each of FY2022 and FY2023. (16 U.S.C. §6592d)
Requires a report to Congress at least every two years after FY2023. Reauthorizes appropriations at current levels through FY2029. (§8420)
Tribal forest management demonstration project. Allows USDA and DOI to carry out demonstration projects by which federally recognized Indian tribes or tribal organizations (as defined in 25 U.S.C. §5304) may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 (P.L. 108-278; 25 U.S.C. §§3115a et seq.) through contracts entered into under the Indian Self-Determination and Education Assistance Act (P.L. 93-638; 25 U.S.C. §§5304 et seq.). (25 U.S.C. §§3115a et seq.)
Renames the section “Tribal Forest Management Program” and removes reference to projects as “demonstration.” (§8421)
Community Wood Energy and Wood Innovation Program. Establishes the program to provide competitive cost-share grants to install community wood energy systems or build innovative wood product facilities. Limits grants to $1 million, or $1.5 million under specified circumstances. Limits community wood energy systems to a nameplate capacity of 5 megawatts of thermal and electric energy. Limits 25% of funds provided as grants per fiscal year for innovative wood product facilities. Authorizes appropriations of $25 million annually through FY2024. (7 U.S.C. §8113; P.L. 118-22)
Renames the section “Community Wood Facilities Program” and provides conforming amendments throughout. Clarifies that community wood energy systems use primarily forest biomass, including processing or manufacturing residuals. Increases grant limits from $1 million, or $1.5 million under specified circumstances, to $5 million and amends selection criteria. Increases nameplate capacity of community wood energy facilities to 15 megawatts of thermal and electric energy. Increases the limits for innovative wood product facilities grants from 25% to not more than 50% of total grants per fiscal year. Reauthorizes appropriations at current levels through FY2029. (§8431)
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Wood innovation grant program. Establishes a program to provide cost-share grants to stimulate or expand wood energy and wood products markets. Requires FS to give priority to proposals that include the use of or retrofitting (or both) of existing sawmill facilities located in counties with average annual unemployment rates exceeding the national average by more than 1% in the prior calendar year. Specifies a 100% matching requirement for grant recipients. (7 U.S.C. §7655d)
Adds construction of new facilities and material hauling as allowable activities. Allows FS to prioritize proposals that recognize or enhance carbon reduction strategies in building design and interior wood products or to include an analysis of community benefits of forest management under the proposal. Decreases the matching requirement from 100% to 50%. (§8432)
No comparable provision. The U.S. Environmental Protection Agency prepares the annual Inventory of U.S. Greenhouse Gas Emissions, which includes an accounting of carbon in U.S. forests and wood products.
Forest and wood products data tracker. Requires FS, working with NRCS, federally recognized Indian tribes, state foresters, and the private sector, to establish a publicly available data platform regarding the carbon emissions, sequestration, storage, and related atmospheric impacts of forest management and wood products. Specifies data sources and program priorities. (§8433)
No comparable provision. Biochar application demonstration project. Requires FS to conduct research and development, education, technical assistance, outreach, and demonstration projects to facilitate the use of biochar, develop additional biochar applications, and commercialize biochar. Requires FS to establish a biochar application demonstration project in each FS region to the extent practicable. Specifies criteria for project prioritization. Limits FS funding to establish biochar facilities to 35% of capital costs. Allows funds made available to carry out the wood innovation grant program (7 U.S.C. §7655d) to be used to carry out this section. (§8434)
Subtitle E – Save Our Sequoias
No comparable provision. Names this subtitle the “Save Our Sequoias Act.” (§8501)
No comparable provision. Defines relevant terms. (§8502)
No comparable provision. Shared stewardship agreement for giant sequoias. Not later than 90 days after receiving a request from the governor of California or the Tule River Indian Tribe, DOI, with respect to specified BLM and National Park System (NPS) lands, shall enter into or expand a shared stewardship agreement to jointly carry out management and conservation of giant sequoias. If the Secretary has not received such a request by 90 days after the date of enactment, DOI shall “enter into the agreement…and jointly implement such agreement with the Secretary.” DOI will make the governor and the tribe party to the agreement on their request. (§8503)
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No comparable provision. Giant Sequoia Lands Coalition. Codifies the coalition as the entity established under the ‘‘Giant Sequoia Lands Coalition Charter’’ (or successor charter) signed between June 2, 2022, and August 2, 2022. Specifies duties of the coalition. Requires DOI to make DOI personnel available to the coalition for specified purposes. (§8504)
No comparable provision. Giant Sequoia health and resiliency assessment. Requires the coalition to submit to Congress within six months and each year thereafter a giant sequoia health and resiliency assessment, the preparation of which shall not be subject to NEPA (42 U.S.C. §4321 et seq.). Specifies that the assessment is to include information on giant sequoia grove health, resiliency, and risks; propose a list of the highest priority forest management projects to be carried out on specified lands; and include policy and program recommendations, among other information. Requires the coalition to create, maintain, and update a website with specified information. (§8505)
No comparable provision. Federal laws, regulations, and policies establish procedures for agency compliance with NEPA in emergency circumstances, for example, by authorizing agencies to take actions necessary to control the immediate impacts of the emergency or to mitigate harm to life, property, or important natural or cultural resources prior to preparing otherwise required NEPA analysis and documentation (e.g., 40 C.F.R. §1506.12).
Giant Sequoia emergency response. Establishes an emergency determination with respect to specified NFS and DOI lands that requires the implementation of forest management projects to respond to the threat of wildfires, insects, and drought to giant sequoias. Establishes a CE for such forest management projects. Specifies a number of procedural requirements related to such projects, such as authorizing responsible officials to carry out specified forest management projects before initiating analysis under NEPA or consultation under the ESA or the National Historic Preservation Act, specifying procedures for environmental analysis and administrative review and other provisions. Specifies forest management activities allowed under the emergency determination. Limits projects to 2,000 or 3,000 acres depending on specified criteria. Requires FS and DOI to use other authorities to carry out specified forest management activities, including good neighbor agreements (16 U.S.C. §2113a) and stewardship contracts (16 U.S.C. §6591c). Terminates the emergency determination after seven years. (§8506)
Renewable Resource Assessment. Among other provisions, establishes a policy that all forested lands in the NFS shall be maintained in forest cover and establishes priorities for reforestation. (16 U.S.C. §1601)
Giant Sequoia reforestation and rehabilitation strategy. Requires DOI to develop and implement a strategy to enhance the reforestation and rehabilitation of giant sequoia groves, that is to contain specified provisions, within six months. Adds reforestation and rehabilitation of giant sequoia groves to the considerations for priority reforestation projects. (§8507)
Use of wilderness areas. Specifies prohibitions and management provisions for congressionally designated wildernesses. (16 U.S.C. §1133)
Specifies that reforestation activities to reestablish giant sequoias following a wildfire are not precluded in wilderness. (§8507(c))
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No comparable provision. Giant Sequoia Strike Teams. Requires USDA and DOI to establish giant sequoia strike teams to assist with the implementation of §8506 and secondarily §8507. Requires strike teams to assist with environmental analysis, consultation, and review and to implement site preparation and projects. Strike teams may include DOI or FS staff, private contractors, and volunteers. (§8508)
No comparable provision. Giant Sequoia collaborative restoration grants. Requires DOI to establish a grant program to advance, facilitate, or improve giant sequoia health and resiliency. Limits uses of awarded funds to specified activities. (§8509)
Good neighbor authority. Authorizes the Secretary of Agriculture, with respect to the lands of the NFS, and the Secretary of the Interior, with respect to the public lands managed by BLM, to enter into contracts or agreements with states, counties, and Indian tribes (as defined at 25 U.S.C. §5304) to conduct specified activities for specified land management goals. Specifies that funds received by a state through the sale of timber under an agreement may be used by the state to fund additional projects under an agreement within the state. Although the definition of federal land for the purposes of the authority includes NPS and the National Wildlife Refuge System, the statute does not define which Secretary (USDA or DOI) is authorized to make good neighbor agreements concerning these lands. (16 U.S.C. §2113a)
Specifies that Kings Canyon National Park, Sequoia National Park, and Yosemite National Park are included in the definition of federal lands for the purposes of the good neighbor authority. Allows activities conducted under §8506 to be conducted under good neighbor agreements. Allows DOI to make good neighbor agreements concerning the specified national parks. Allows funds received from the sale of timber by a state, Indian tribe (as defined at 25 U.S.C. §5304), or county under a good neighbor agreement carried out within the specified national parks be used to fund good neighbor projects within the same park or transferred to the park to fund giant sequoia conservation and management. Specifies that authorized restoration services occurring in Kings Canyon National Park, Sequoia National Park, and Yosemite National Park shall be carried out in accordance with 54 U.S.C. §100753, which governs disposal of timber within NPS. Terminates authority on October 1, 2029. (§8510)
Stewardship end result contracting projects. Authorizes FS and BLM to enter into dual service and timber sale contracts or agreements to achieve specified land management goals. (16 U.S.C. §6591c)
Authorizes Kings Canyon National Park, Sequoia National Park, and Yosemite National Park to use the authority. Adds promoting the health and resiliency of giant sequoias as an authorized land management goal. (§8511)
Donations. Allows NPS to accept certain donations of funds and real property. Establishes the National Park Foundation (NPF) as a private charitable nonprofit organization to accept and administer gifts of funds and real property for the benefit of NPS. (54 U.S.C. Chapter 1011).
Giant Sequoia Emergency Protection Program and Fund. Requires NPF, in coordination with NFF, to establish a program to promote philanthropic programs to support the management and conservation of giant sequoias on specified federal lands and reforestation of them following wildfire. Requires NPF and NFF to jointly establish a Giant Sequoia Emergency Protection Fund to consist of donations. Requires that at least 15% of funds to be used to support tribal management and conservation of giant sequoias. Requires annual reports to Congress. Terminates authority after seven years. (§8512)
No comparable provision. Authorizes appropriations of $5 million annually for through FY2029 to carry out this subtitle. (§8513)
Subtitle F – Other Matters
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Forestry rural revitalization. Requires USDA to establish a program to educate and provide technical assistance related to forestry to businesses, industries, and policymakers to promote rural economic health. Authorizes appropriations of $5 million annually through FY2024. (7 U.S.C. §6601; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§8701)
Resource advisory committees (RACs). As part of the Secure Rural Schools and Community Self- Determination Act (SRS; P.L. 106-393, as amended), establishes RACs to review and propose projects for funding under Title II of SRS. Requires the Secretary of Agriculture or the Interior, as applicable, to appoint RAC members. Specifies composition of RACs in terms of member background and numbers and allows for such composition requirements to be modified in certain circumstances. Terminates authority to modify RAC composition requirements on October 1, 2024. Establishes several pilot programs related to RAC composition and appointments. (7 U.S.C. §7125; P.L. 118-22)
Allows the Secretaries to act through the applicable regional forester to make RAC appointments, provided the regional forester conducts the appropriate review of candidates. Extends the authority to modify RAC composition requirements through October 1, 2029. Repeals all pilot programs authorized under the section. (§8702)
Congress has enacted various reporting requirements regarding federal land management with respect to hazardous fuels reduction and wildfire risk. Some have raised concerns about how agencies report accomplishments related to hazardous fuels.
Accurate hazardous fuels reduction reports. Requires USDA and DOI, with respect to lands managed by BLM and NPS, to include in the President’s annual budget materials the acreage of hazardous fuels reduction activities conducted on applicable federal lands during the preceding fiscal year. Requires acres to be reported once, even if multiple hazardous fuels reduction activities were carried out during the applicable fiscal year. Requires USDA and DOI to implement standardized procedures for tracking hazardous fuels reduction activities within 90 days. Requires the Government Accountability Office to conduct a study on implementation of this section within two years. (§8703)
Special uses. FS may authorize the occupancy and use of NFS lands for a variety of purposes (special use authorizations). FS charges land use fees and cost recovery fees to the holder of these special use authorizations. FS may waive all or part of the programmatic administrative fee and any fees related to a special use authorization for specified users engaged in specified activities, such as state and local governments and specified nonprofit organizations. (36 C.F.R. Part 251, Subpart B).
Codifies the authority to waive programmatic administrative fees and fees related to special use authorizations. (§8704)
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Pilot program of charges and fees for harvest of forest botanical products. Requires USDA to establish a program to collect and retain fees for forest botanical products harvested from NFS based on their fair market value and the costs associated with administering forest botanical product harvest authorizations. Requires FS to determine sustainable harvest levels for forest botanical products on NFS lands, establish procedures for monitoring and revising harvest levels, and prohibit harvest in excess of sustainable harvest levels. Authorizes collection of fees through FY2024. (16 U.S.C. §528 note; P.L. 118- 42)
Permanently authorizes the pilot program. Requires USDA to produce a report summarizing the activities under the program to Congress annually. (§8705)
FS Legacy Road and Trail Remediation Program. Requires USDA to establish the program to remediate NFS roads, trails, and bridges, such as restoring fish passage, decommissioning specified roads and trails, converting roads to trails, and carrying out projects to improve roads and trails’ resilience to weather hazards. Requires USDA to establish a process for annually selecting projects that, among other criteria, consider regional public input. Requires USDA to publish online the selection process and a list including a description and the proposed outcome of each project funded under the program in each fiscal year. (16 U.S.C. §538a)
Specifies that, in selecting projects, USDA shall solicit and consider public input regionally on a list of regional projects considered for funding. Requires USDA to publish the selection process online annually for each region and include additional information on proposed projects, including public comments and each project’s regional ranking. Specifies that “region” refers to FS regions. (§8706)
No comparable provision. Direct hire authority. Authorizes USDA to appoint a qualified Job Corps graduate to a position in the competitive service in FS without regard to the provisions of 5 U.S.C. Chapter 33, Subchapter 1 (except sections concerning congressional recommendations and Selective Service registration), annually, beginning in FY2025. (§8707)
Emergency forest restoration program. Establishes the program to provide cost-share assistance to private forestland owners to repair and rehabilitate damage caused by a natural disaster, such as wildfires, hurricanes or excessive winds, drought, ice storms or blizzards, or floods, on nonindustrial private forestlands. (16 U.S.C. §2206)
Requires USDA to offer an advance payment to the owner of nonindustrial private forestland of up to 75% of the cost of the emergency measures to address damage and restore forest health and resources. Requires USDA to determine costs based on the fair market value of the emergency measures using specified methods established by NRCS. Requires funds not expended within180 days of receipt be returned to USDA. (§8708)
Communications special uses. Directs FS to issue regulations to streamline the consideration of applications for communications uses of NFS. (43 U.S.C. §1761a)
Exempts applications for communications uses of NFS from NEPA and from “division A of subtitle 54, United States Code” if the equipment is located on existing infrastructure or previously analyzed areas of NFS land. FS is not required to “reinitiate consultation under NEPA” or “division A of subtitle 54, United States Code” on previously analyzed areas of NFS land if new information becomes available. (Section not specified)
Subtitle G – White Oak Resilience
No comparable provision. Names the new subtitle the “White Oak Resilience Act.” (§8801)
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No comparable provision. White Oak Restoration Initiative Coalition. Establishes the coalition in accordance with the charter titled “White Oak Initiative Coalition Charter” to coordinate restoration of white oak in the United States and make program and policy recommendations. Requires USDA to make personnel available to the coalition for specified purposes. Specifies that the Federal Advisory Committee Act (P.L. 92-463; 5 U.S.C. Chapter 10) shall not apply to the coalition. Allows USDA to make funds available to the coalition from the Commodity Credit Corporation account established to accept private fund contributions. (§8802)
No comparable provision. FS pilot projects. Requires FS to establish and carry out five pilot projects in national forests to restore white oaks. Allows FS to enter into cooperative agreements to carry out the pilot projects. Terminates authority after five years. (§8803)
No comparable provision. White oak regeneration and upland oak habitat. Requires FS, within 180 days, to establish a nonregulatory White Oak and Upland Oak Habitat Regeneration Program to identify, prioritize, and implement restoration and conservation activities for white oaks. Requires FS to establish a voluntary grant and technical assistance program. Requires FS to coordinate with specified agencies and to enter a cooperative agreement with the National Fish and Wildlife Foundation (NFWF) to manage and administer the grant program. Specifies that funds received by NFWF to carry out the grant program are subject to the National Fish and Wildlife Foundation Establishment Act (P.L. 98-244; 16 U.S.C. §§3701 et seq.), excluding 16 U.S.C. §3709(a). Terminates authority after five years. (§8804)
No comparable provision. Tree nursery shortages. Requires FS to develop and implement a national strategy to address the nationwide shortage of tree seedlings in coordination with the national reforestation strategy and regional implementation plans. (§8805)
No comparable provision. USDA formal initiative. Requires NRCS and FS to establish a formal initiative to reestablish white oaks and improve white oak regeneration, seedlings, and nursery stock. Terminates authority after five years. (§8806)
No comparable provision. Authorities. Specifies that USDA can use good neighbor agreements and stewardship contracts to carry out these provisions. (§8807)
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Table 10. Title IX, Energy
Current Law/Policy
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Definitions. Defines advanced biofuel as fuel derived from renewable biomass other than corn kernel starch and explicitly states various inclusions (e.g., diesel- equivalent fuel derived from renewable biomass). (7 U.S.C. §8101(3)(B)(iv))
Adds “sustainable aviation fuel” to the inclusions list for the advanced biofuel definition. (§9001)
Biobased Markets Program. Requires USDA to promote biobased products through two initiatives: (1) mandatory purchasing by federal agencies and their contractors and (2) a voluntary labeling initiative for biobased products. Requires USDA and the Department of Commerce (DOC) to jointly develop North American Industry Classification System codes (NAICS) for renewable chemical manufacturers and biobased products manufacturers. Provides $3 million in mandatory Commodity Credit Corporation (CCC) funding annually through FY2024. Authorizes appropriations of $3 million annually through FY2023. (7 U.S.C. §8102)
Requires the Office of Federal Procurement Policy (OFPP) to coordinate with USDA to provide educational materials to procuring agencies. Requires procuring agencies to submit certain information annually to OFPP and USDA. Requires USDA and DOC to jointly develop NAICS and North American Product Classification System codes (NAPCS) for renewable chemical manufacturers and biobased products manufacturers as well as renewable chemicals and biobased products. Requires a report to Congress on the federal statistical collections of information related to the NAICS and NAPCS codes, among other things. Provides $3 million of mandatory CCC funding annually through FY2029. Authorizes appropriations of $3 million annually through FY2029. (§9002)
Biorefinery assistance. Requires USDA to provide loan guarantees for the development, construction, or retrofitting of commercial-scale biorefineries for the development of advanced biofuels, renewable chemicals, and biobased product manufacturing. Defines biobased product manufacturing. Authorizes appropriations of $75 million annually through FY2023. For biofuel infrastructure and agricultural product market expansion, provides $500 million in mandatory funding for FY2022, to remain available until September 30, 2031. (7 U.S.C. §8103)
Redefines biobased product manufacturing to include new or innovative commercial-scale processing and manufacturing equipment. Allows USDA to waive the requirement that the applicant demonstrate commercial viability for projects adopting commercially available technology. Adds a technical review agreement under the selection criteria for loan guarantees. Reauthorizes appropriations at current levels through FY2029. Mandatory funding provided for the biofuel infrastructure and agriculture product market expansion for FY2022 are to remain available until September 30, 2029. (§9003)
No comparable provision. Requires a USDA report to Congress analyzing the potential effects of a program to implement national uniform labeling standards for bioproducts. (§9004)
Bioenergy program for advanced biofuels. Requires USDA to contract with fuel producers to support and expand production of advanced biofuels. Provides $7 million in mandatory CCC funding through FY2024. Authorizes appropriations of $20 million annually through FY2023. (7 U.S.C. §8105)
Provides mandatory CCC funding at current levels through FY2029. Reauthorizes appropriations of $20 million annually through FY2029. (§9005)
Biodiesel fuel education program. Establishes a competitive grant program to educate government and private vehicle fleet operators, the public, and others about the benefits of biodiesel. (7 U.S.C. §8106)
Repeals the program. (§9006)
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Rural Energy for America Program (REAP). Establishes REAP to provide eligible entities with grants for energy audits and renewable energy development assistance. Provides loan guarantees and grants for energy efficiency improvements and renewable energy systems. Limits loan guarantees to $25 million. Provides $50 million in mandatory CCC funding annually. Authorizes appropriations of $20 million annually through FY2023. (7 U.S.C. §8107)
Amends the selection criteria for grants for energy audits and renewable energy development assistance to include “the potential of the proposed program to meaningfully improve the financial conditions of agricultural producers or rural small businesses.” Amends the award considerations for financial assistance for energy efficiency improvements and renewable energy systems to include the potential improvements to the financial conditions of agricultural producer or rural small business. Makes various amendments to grants awarded under financial assistance for energy efficiency improvements and renewable energy systems (e.g., limits grants to 50% of the cost of the activity for a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher) and increases the maximum amount of a loan guarantee from $25 million to $50 million. Requires USDA to ensure a diversity in the types of projects approved for REAP. Authorizes appropriations of $20 million annually through FY2029. (§9007)
Feedstock Flexibility Program for bioenergy producers. Authorizes, through crop year 2024, a program to help stabilize sugar prices to avoid forfeitures under the sugar loan program. Under the Feedstock Flexibility Program, USDA may purchase sugar from processors for resale to fuel ethanol producers using CCC funds. (7 U.S.C. §8110)
Extends the purchase and sale of eligible commodities through the 2029 crop year. Extends the notice period to 2029. (§9008)
Biomass Crop Assistance Program. Provides financial assistance to owners and operators of agricultural land and nonindustrial private forest land to establish, produce, and deliver biomass feedstock to eligible processing plants via matching payments. Also provides payments to establish and produce eligible crops. (7 U.S.C. §8111)
Authorizes appropriations of $25 million annually through FY2029. (§9009)
Carbon Utilization and Biogas Education Program. Establishes a competitive grant program to educate the public about the economic and emissions benefits of permanent carbon sequestration or utilization and to educate agricultural producers and other stakeholders about the collection of organic waste from multiple sources to be used in a single biogas system. (7 U.S.C. §8115)
Repeals the program. (§9010)
No comparable provision. Requires USDA to study the effects of solar panel installations on the conversion of covered farmland out of agricultural production. Defines covered farmland as farmland and nonindustrial private forest land. USDA is to consult with the Department of Energy and relevant stakeholders. Requires a report to Congress on the findings of the study and recommendations. (§9011)
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No comparable provision. Prohibits USDA from providing financial assistance for a project that would result in the conversion of covered farmland for solar energy production with limited exceptions, including projects converting less than 5 acres, projects converting less than 50 acres with the majority of the energy produced used for on-farm use, and projects receiving approval or support from the county and municipality where the project is located. Project applicants are required to submit a farmland conservation plan. Prohibits USDA from providing financial assistance for a project that procures a solar energy component that is produced, manufactured, or assembled in a foreign country of concern, by an entity domiciled or controlled by a foreign country of concern, and by a foreign entity of concern. (§9012)
No comparable provision. Requires USDA to establish a department-wide strategy to advance the production of sustainable aviation fuel (SAF) to (1) facilitate the collaboration between relevant mission areas to encourage the advancement of the SAF supply chain; (2) identify opportunities to maximize SAF development, deployment, and commercialization; (3) leverage the capabilities of America’s farmers and others to capture opportunities in the SAF market; (4) support rural economic development through SAF production; and (5) promote public-private partnerships for the development, deployment, and commercialization of SAF. (§9013)
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Table 11. Title X, Horticulture, Marketing, and Regulatory Reform
Current Law/Policy
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Subtitle A – Horticulture
Plant pest and disease management and disaster prevention. The 2008 farm bill (P.L. 110-246), as amended by the 2014 farm bill (P.L. 113-79, §10007), authorizes cooperative agreements for early plant pest detection, surveillance, and threat identification and mitigation (known also as the “Section 10007 provision”). Authorizes a National Clean Plant Network. Provides $75 million annually in mandatory Commodity Credit Corporation (CCC) funds. (7 U.S.C. §7721)
Increases annual mandatory CCC funding from $75 million to $90 million in FY2025 and each year thereafter. (§10001)
Specialty crop block grants to states. The Specialty Crops Competitiveness Act of 2004 (P.L. 108- 465), as amended, authorizes block grants to states to support projects in marketing, research, pest management, and food safety, among other purposes. Authorizes CCC funding of $85 million annually. Provides $5 million in annual CCC funding for multistate project grants. (7 U.S.C. §1621 note)
Reauthorizes block grants to states through FY2029. Provides $85 million in annual mandatory CCC funding for FY2024, rising to $100 million in FY2025 and each year thereafter. Makes certain administrative changes to state plan requirements. (§10002)
Specialty crops market news allocation. The 2008 farm bill authorizes support for the collection and dissemination of market news for specialty crops. Authorizes appropriations of $9 million annually through FY2024, to remain available until expended. (7 U.S.C. §1622b(b); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§10003)
Office of Urban Agriculture and Innovative Production (OUAIP). The 2018 farm bill (P.L. 115- 334, §12302) establishes OUAIP at USDA, including new grant authority, to support the development of urban, indoor, and innovative production. Establishes an Urban Agriculture and Innovative Production Advisory Committee, new pilot programs, and USDA reporting requirements. Authorizes appropriations of $25 million annually through FY2024. P.L. 118-22, §102, provided $2 million in mandatory CCC funds for FY2024. (7 U.S.C. §6923; P.L. 118-22)
Expands eligibility to include controlled environment agriculture (CEA) systems and expands OUAIP’s responsibilities to include providing guidance and promoting “conservation techniques unique to urban agriculture and innovative production,” including those that address stormwater runoff and the impacted nature of urban land and land subsurface. Authorizes OUAIP to enter into cooperative agreements to support urban and innovative agricultural production and removes the pilot status for Community Compost and Reducing Food Waste projects. Reauthorizes appropriations at current levels through FY2029 but does not continue mandatory CCC funding. (§10004)
National plant diagnostics network. The 2018 farm bill requires USDA to establish the National Plant Diagnostic Network to monitor threats to plant health from diseases or pests through early identification and coordination between USDA and state agencies, among other activities. Authorizes appropriations of $15 million annually through FY2024. (7 U.S.C. §8914(c)(5); P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§10005)
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Hemp production. The 2018 farm bill removes long- standing federal restrictions on the cultivation of hemp (a form of Cannabis sativa, the same plant as marijuana), as regulated by USDA. Defines the term hemp to mean “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Authorizes to be appropriated such sums as are necessary. Preserves the laws and regulations of the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act (P.L. 75-717; 21 U.S.C. §§301 et seq.) regarding its authority related to hemp-derived products (7 U.S.C. §1639r(c)). (7 U.S.C. §§1639o-s)
Adds a definition of industrial hemp to mean hemp grown for fiber or for the “whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant,” among other definitional considerations. Makes changes to USDA’s Domestic Hemp Production Program to allow USDA, states, and tribes to reduce or eliminate testing requirements and background checks for industrial hemp producers. Requires USDA to establish a procedure to eliminate the 10-year period of ineligibility for producers with a controlled substance felony electing to grow only industrial hemp. Requires USDA to establish a process by which laboratories can be accredited for the purposes of testing hemp. Redefines the existing statutory definition of hemp to remove language defining the legal limits for hemp based on its delta-9 tetrahydrocannabinol concentration (per 7 U.S.C. §1639o) and instead base the definition on a product’s “total tetrahydrocannabinol (including tetrahydrocannabinol acid [THCA]) concentration.” Specifies that hemp covers only naturally occurring, naturally derived, and nonintoxicating cannabinoids (i.e., excluding synthetic and certain intoxicating hemp- derived compounds) and adds a new statutory definition of hemp cannabinoid product as “any intermediate or final product derived from hemp, excluding industrial hemp, intended for human or animal use such as through inhalation, indigestion, or topical application.” (§10006)
Regulation of movement of plant pests. The Plant Protection Act (P.L. 108-498), as amended, prohibits the import, export, or interstate movement of plant pests without a permit to prevent their spread within the United States. (7 U.S.C. §7711)
Pilot program for the intraorganizational movement of genetically engineered microorganisms. Authorizes a pilot program involving up to 75 responsible parties (defined to mean a U.S. partnership, corporation, association, joint venture, or other legal entity) to move covered microorganisms between biocontainment facilities in interstate commerce without a permit and to manage their disposal. Requires USDA to accept applications using a web-based application process and to terminate the program three years after USDA completes the application selection process. Requires USDA to submit a report to Congress with recommendations on the future of the program six months after the program ends. (§10007)
Subtitle B – Marketing
Import prohibitions on specified foreign produce. The Agricultural Adjustment Act of 1933 (P.L. 73-10), as amended, requires that certain imported produce comply with marketing order grade, size, quality, and maturity provisions or comparable marketing order restrictions. (7 U.S.C. §608e-1(a))
Adds almonds to and removes dates for processing from the list of imported commodities for which commodity marketing orders are applicable. (§10101)
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Local Agriculture Market Program (LAMP). The 2018 farm bill merged existing USDA programs providing grants to farmers’ market and local food system producers and value-added processors to establish LAMP. Provides mandatory CCC funds of $50 million annually and authorizes appropriations of $20 million annually, to remain available until expended. (7 U.S.C. §1627c)
Extends USDA’s authority to provide grants to eligible entities and grants for partnerships through FY2029. Adds a definition of a food hub to support aggregation, distribution, and marketing of source-identified food products that are primarily local and regional producers. Expands eligible activities to support the purchase of special purpose equipment and support for food hubs, among other expanded support. Requires USDA to establish a simplified application form for eligible entities that request less than $100,000 and choose from project categories including direct-to- consumer projects and local and regional food market and enterprise projects. Redefines authorities related to grants to support partnerships. Maintains funding at current levels but provides that, of the funds made available for grants, simplified applications shall receive not less than 10% and not more than 50%. (§10102)
Acer Access and Development Program. The 2014 farm bill (P.L. 113-79) authorizes grants to state and tribal governments to promote the domestic maple syrup industry. Authorizes appropriations of $20 million annually through FY2024. (7 U.S.C. §1632c; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029 and requires USDA to consult with maple syrup industry stakeholders when setting program priorities. (§10103)
Organic production and market data initiative. The 2002 farm bill (P.L. 107-171, as amended) requires USDA to collect data under the Organic Production and Market Data Initiative (ODI), providing $5 million total in mandatory CCC funds for FY2018-FY2023, plus $5 million in authorized appropriations annually through FY2024. P.L. 118–22, §102, provided for $1 million in mandatory CCC funds for FY2024. (7 U.S.C. §5925c; P.L. 118-22)
Provides $10 million in mandatory CCC funding for FY2025-FY2029. Reauthorizes appropriations at current levels through FY2029. Adds requirement to collect and publish cost-of-production data for organic milk. (§10104)
Organic certification. The Organic Foods Production Act of 1990 (P.L. 101-624) authorizes USDA to develop and enforce national standards for certified organic agricultural products under the National Organic Program (NOP). Authorizes appropriations of $24 million in FY2023 for NOP administration. The 2018 farm bill added requirements related to NOP modernization and improvement of international trade technology systems and data, providing mandatory CCC funding of $5 million for FY2019. P.L. 118–22 provided for $1 million in mandatory CCC funds for FY2024. Requires USDA to submit an annual report to Congress and the public on NOP activities involving domestic and overseas investigations and compliance through March 1, 2024. (7 U.S.C. §6521(d)(1); P.L. 118-22)
Authorizes USDA to provide technical assistance, outreach, and education to support organic production through existing USDA programs. Extends through March 1, 2029, the 2018 farm bill reporting requirement on NOP activities with respect to all domestic and overseas investigations and compliance actions. Reauthorizes appropriations of $24 million annually through FY2029 for NOP administration. Reauthorizes mandatory CCC funding of $1 million for FY2024 and $5 million for FY2025. (§10105)
National Organic Certification Cost-Share Program. The 2002 farm bill established the program to help producers and handlers obtain organic certification. Provides mandatory CCC funding of $8 million annually through FY2024, to remain available until expended. (7 U.S.C. §6523, P.L. 118-22)
Reauthorizes mandatory CCC funds at current levels through FY2029. (§10106)
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No comparable provision. Report on procurement. Requires USDA to submit a report to Congress within one year of enactment that examines USDA’s procurement process for domestic commodities or products (as defined in School Breakfast Program regulations, 7 C.F.R. §220.16). Requires the report to include an examination of the solicitation process for such commodities and products; barriers to entry for “nontraditional, culturally relevant, or local and regional commodities or products”; the diet quality and accessibility of procured commodities or products; and USDA’s administrative, regulatory, and legislative recommendations to improve such procurement processes. (§10107)
Subtitle C – Regulatory Reform, Part I – Federal Insecticide, Fungicide, and Rodenticide Act
Scope of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA (7 U.S.C. §§136 et seq.) governs the sale, distribution, and use of pesticides through registration (i.e., licensing), which includes the approval of a label specifying the pesticide’s proper use. FIFRA §2 defines various categories of substances based on their intended function to determine whether they fall under the jurisdiction of the statute. Plant biostimulants that meet the definition of a pesticide, plant regulator, or nitrogen stabilizer are subject to FIFRA requirements. The 2018 farm bill included a definition for purposes of directing USDA to prepare a report related to the availability of plant biostimulant products to agricultural producers. FIFRA §17(c) addresses pesticide imports requirements. FIFRA §25(b) authorizes the U.S. Environmental Protection Agency (EPA) to exempt any pesticide from FIFRA requirements in certain cases. (7 U.S.C. §§136, 136o(c), and 136w(b))
Exclusion of certain substances. Amends and adds to the definitions of terms in FIFRA §2 to exclude certain plant biostimulants from the definition of plant regulator and the reach of FIFRA. Clarifies the definitions of the terms nutritional chemical and vitamin hormone product for purposes of excluding such substances from regulation under FIFRA as plant regulators. Codifies the regulatory definition of the term plant-incorporated protectant and amends FIFRA §25(b) to exempt plant-incorporated protectants “resulting from endogenous genetic material found within or that could arise from the plant’s gene pool” from the statutory requirements on the issuance of guidance unless otherwise determined by EPA. Requires EPA to issue guidance on exempting certain plant-incorporated protectants from FIFRA requirements within one year of enactment. Provides for a conforming amendment to FIFRA §17(c) with regard to the exemption from import notification requirements for certain plant-incorporated protectants. (§10201)
FIFRA pesticide registration. Establishes the process by which EPA evaluates pesticide registration applications and the criteria for registering pesticides. Directs EPA to cooperate with USDA, any other federal agencies, and any appropriate state agencies or political subdivisions of the state in carrying out FIFRA and in securing uniformity of regulations. (7 U.S.C. §§136a and 136t)
Requires EPA to coordinate with USDA on the development of risk mitigation measures for registered pesticides and the use of certain information provided by USDA to help inform the registration or registration review of pesticides or the establishment, modification, or revocation of pesticide tolerances in or on food and feed. Requires EPA to coordinate with USDA, the Department of the Interior, and the Department of Commerce on the implementation with respect to the use of a registered pesticide. Authorizes waivers of and modifications to coordination requirements for a specific action if EPA, USDA, and the registrant enter into an agreement published in a regulatory docket. (§10202)
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FIFRA Interagency Working Group. The 2018 farm bill requires the establishment of an interagency working group to provide recommendations regarding and the implementation of a strategy for improving the consultation process required by the Endangered Species Act of 1973 (ESA, P.L. 93-205) for pesticide registration and registration review. (7 U.S.C. §136a(c)(11); 16 U.S.C. §1536)
Requires USDA’s director of the Office of Pest Management Policy to be included in all meetings of the interagency working group. Changes the reporting frequency of an implementation report from semi- annually to annually and requires such reports to be publicly available on EPA’s website. Requires the working group to consult with interested industry stakeholders and nongovernmental organizations. Requires EPA to consult with covered agencies on any policy, strategy, workplan, or pilot program prior to taking actions on pesticides pursuant to ESA. (§10203)
Preemption. Authorizes states to regulate the sale or use of federally registered pesticides subject to certain limitations. Among those limitations, FIFRA §24(b) prohibits states from imposing or continuing in effect any labeling or packaging requirements “in addition to or different from” those imposed under FIFRA and its implementing regulations. States are permitted to enforce common law and statutory labeling and packaging requirements if those requirements are “equivalent to” and “fully consistent” with FIFRA’s requirements. (See, for example, Bates v. Dow Agrosciences LLC, 544 U.S. 431, 447 (2005)). The Supreme Court has held that FIFRA does not preempt local governments’ authority to regulate pesticides. Wisconsin Public Intervenor v. Mortier, 501 U.S. 597, 606-07 (1991). (7 U.S.C. §136v)
Uniformity of pesticide labeling requirements; authority of state. Prohibits states, instrumentalities and subdivisions of states, and courts from imposing or continuing in effect labeling or packaging requirements that are in addition to or different from labeling or packaging approved by EPA pursuant to FIFRA and its implementing regulations, including requirements related to warnings on labeling or packaging. Prohibits states, their subdivisions, and courts from penalizing or holding liable any entity for failing to comply with labeling or packaging requirements that are in addition to or different from those approved by EPA. Prohibits EPA from taking certain actions, including approving pesticide labeling or changes to labeling that are not consistent with or are otherwise different from the conclusions of human health assessments or carcinogenicity classifications performed pursuant to FIFRA. (§10204) Prohibits political subdivisions of states from regulating or continuing to regulate the sale, distribution, labeling, application, or use of any pesticides that are subject to regulation by EPA or a state pursuant to FIFRA. (§10205)
Subtitle C – Regulatory Reform, Part II – Other Regulatory Reform Provisions
Multiple crop and pesticide use survey. The 2018 farm bill requires USDA, acting through the Office of Pest Management Policy, to conduct a multiple crop and pesticide use survey to collect data on the utilization and needs of pest management tools by agricultural producers to support federal activities that pertain to pest management. Requires USDA to submit the survey to EPA and make it publicly available. Provides mandatory CCC funding of $500,000 for FY2019 and authorized appropriations of $2.5 million, to remain available until expended. Provides $100,000 in mandatory CCC funding for FY2024. (7 U.S.C. §2204(a); 7 U.S.C. §2276, P.L. 118-22)
Requires USDA to submit a multiple crop and pesticide use survey to EPA and make the survey publicly available. Adds additional reporting requirements to include commercial data on pesticide use. Provides $5 million in mandatory CCC funding for FY2025, to remain available until expended. (§10211)
Mineral security. The Energy Act of 2020 (Division Z of P.L. 116-260) directed the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to develop a methodology to identify critical minerals and to publish a list of critical minerals. (30 U.S.C. §1606(c)(4))
Directs the Secretary of the Interior, in consultation with USDA, to evaluate domestic production of potash, phosphates, and other minerals used to produce fertilizer and other agricultural products and to report to Congress on whether these minerals are eligible for the critical minerals list. (§10212)
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National Pollutant Discharge Elimination System (NPDES). The Clean Water Act (CWA, P.L. 92-500; 33 U.S.C. §1251 et seq.) prohibits the discharge of pollutants from any point source to waters of the United States without a permit. CWA authorizes EPA and states to limit or prohibit discharges of pollutants through NPDES permits. Prior to a 2022 legal challenge, the U.S. Forest Service (FS) relied on a determination from EPA that a NPDES permit was not necessary for discharges to waters of the United States resulting from aerial applications of fire retardants. FS has since requested a NPDES general permit for these discharges and, in the meantime, is operating under the terms of a February 2023 federal facilities compliance agreement between EPA and FS. (33 U.S.C. §1342)
Safe harbor for certain discharges of wildland fire chemicals. Provides certain legal protection for covered entities until EPA (or a state) issues a NPDES permit authorizing the discharge from aerial applications of a covered fire retardant and water enhancer for wildfire suppression, control, or prevention activities. Prevents any court from enjoining certain covered entities from conducting such aerial applications when they are conducted in accordance with the 2023 federal facilities compliance agreement between EPA and FS. Provision sunsets five years after enactment. (§10213)
Science Advisory Board (SAB) of EPA. The Environmental Research, Development, and Demonstration Authorization Act of 1978 (P.L. 94-475) requires EPA to establish the SAB from which the agency and certain congressional committees may request scientific advice. The 2014 farm bill further required EPA and the SAB to establish a standing agriculture-related committee and report to Congress on its membership and activities. (42 U.S.C. §4365)
Identifies additional congressional committees that may request scientific advice from the SAB and receive the report to Congress on the membership and activities of the standing agriculture-related committee, additional agriculture-related committees, and investigative panels. (§10214)
USDA authority to delegate transferred functions. Authorizes the Secretary to delegate to any agency, office, officer, or employee of USDA the authority to perform any function transferred to the Secretary. (7 U.S.C. §6912)
Office of Biotechnology Policy. Establishes a USDA office to coordinate departmental policies and activities related to biotechnology, including research, education, communication, regulation, and commercialization. The office would assist other USDA offices and agencies, be involved in interagency coordination, and engage in outreach with stakeholders. Authorizes appropriations of $1 million annually through FY2029. (§10215)
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Table 12. Title XI, Crop Insurance
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Management of the Federal Crop Insurance Corporation (FCIC). Establishes the composition of the FCIC board of directors, including at least one specialty crop producer. (7 U.S.C. §1505(a))
Requires the board to include the chairperson of the newly established Specialty Crop Advisory Committee (SCAC), removes the requirement to include at least one specialty crop producer, and requires the board to include at least one livestock producer. (§11001(a)(1))
No comparable provision. Specialty crop advisory committee. Requires USDA to establish the committee within 180 days of enactment to advise the FCIC on insurance for specialty crops. Specifies the size, duties, and geographic composition of committee membership and requires the committee to meet at least twice annually. (§11001(a)(2))
Specialty crops coordinator. Establishes the responsibilities of the specialty crops coordinator. (7 U.S.C. §1507(g)(2))
Adds responsibility for the special crops coordinator to liaise with the SCAC. (§11001(b))
Annual review of new and specialty crops. Requires the FCIC to provide an annual review of data to expand crop insurance options for new and specialty crops. (7 U.S.C. §1508(a)(6)(A))
Requires the FCIC to consult with the SCAC in conducting the required review. (§11001(c))
Identification of holders of substantial interests. Allows the FCIC to require policyholders to report the names of individuals who hold or acquire substantial beneficial interest, defined as a 5% or greater ownership share. (7 U.S.C. §1506(m))
Adds new flexibility for the FCIC to require policyholders to report the names of entities with substantial beneficial interest, provide for flexibilities on reporting deadlines, and redefine substantial beneficial interest as a 10% or greater ownership share. This change may exempt some individuals from reporting requirements. (§11002)
Actuarial soundness. Requires the FCIC to take actions to improve the actuarial soundness of policies sold through the federal crop insurance program (FCIP). (7 U.S.C. §1506(n))
Requires the FCIC to periodically review and take actions to improve the actuarial performance of FCIP policies and products developed by the private sector (i.e., 508(h) submissions). (§11003)
Authority to offer insurance. Authorizes the FCIC to offer insurance coverage for losses due to drought, flood, or other natural disasters as determined by USDA. (7 U.S.C. §1508(a)(1))
Authorizes the FCIC to offer insurance coverage for losses due to a decline in the market price of the insured commodity, provided the decline was not directly caused by the producer. (§11004)
Maximum coverage levels. Authorizes the FCIC to offer insurance coverage for losses of up to 85% of individual yields and up to 95% of area yields. (7 U.S.C. §1508(c)(4)(A))
Clarifies authority for the FCIC to offer insurance for losses of up to 85% for individual revenue coverage and up to 95% for area revenue coverage and adds new authority to cover up to 90% for individual yield or revenue coverage for policies insuring multiple commodities. (§11005(a)(1))
Supplemental coverage option. Authorizes the FCIC to offer supplemental coverage option policies to indemnify farmers if area yields or revenues drop below 86% of normal levels as determined by the FCIC. (7 U.S.C. §1508(c)(4)(C))
Increases the amount of coverage available through supplemental coverage option policies by indemnifying farmers if area yields or revenues drop below 90% of normal levels. (§11005(a)(2))
Supplemental coverage option premium subsidies. Requires the FCIC to subsidize 65% of the premium cost for supplemental coverage option policies. (7 U.S.C. §1508(e)(2)(H))
Increases FCIC subsidies from 65% to 80% of the premium cost for supplemental coverage option policies. (§11005(b))
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Enterprise and whole farm units. Requires the FCIC to allow producers to use separate enterprise units for irrigated and non-irrigated crops. (7 U.S.C. §1508(e)(5))
Adds a new requirement for the FCIC to allow producers to use separate enterprise units for fallow and continuous crop acreage practices, beginning with the 2026 crop year. (§11005(c))
Prohibition on simultaneous participation in the Agriculture Risk Coverage (ARC) or Price Loss Coverage (PLC) program and purchase of certain policies offered through the FCIP. Prohibits farmers enrolled in the ARC program from purchasing supplemental coverage option policies. Prohibits farmers enrolling in either the ARC or PLC program from purchasing stacked income protection plan policies. (7 U.S.C. §1508(c)(4)(C)(iv); 7 U.S.C. §1508b(f))
Moves the prohibitions from the FCIP authorizing language to the ARC and PLC authorizing language in Title I (see Table 2). (§11006)
No comparable provision. Limitation on interest accrual. Authorizes approved insurance providers (AIPs) to charge up to 1% interest for outstanding delinquent premiums and administrative fees for a maximum of five years beginning in the 2025 reinsurance year. (§11007)
Beginning and veteran farmer definitions. Defines beginning and veteran farmers and ranchers for the purposes of the FCIP as individuals who have operated farms for not more than five years. (7 U.S.C. §1502(b))
Redefines beginning and veteran farmers and ranchers for the FCIP as individuals who have operated farms for not more than 10 years. (§11008(a))
Additional subsidies for beginning and veteran farmers. Provides an additional 10 percentage points of premium subsidies for beginning and veteran farmers and ranchers. (7 U.S.C. §1508(e)(8))
Increases additional premium subsidies for beginning and veteran farmers and ranchers to 15 percentage points for the first two years of insurance purchases, 13 percentage points for the third year, 11 percentage points for the fourth year, and retains additional premium subsidies of 10 percentage points for the fifth through tenth years. (§11008(b))
Confidentiality of proposals submitted to FCIC. Requires the FCIC to keep proposals confidential prior to approval. (7 U.S.C. §1508(h)(4)(A))
Adds an exception to grant certain AIPs access to submitted materials and holds those AIPs to the same confidentiality requirements as applicable to the FCIC. (§11009(1))
No comparable provision. Marketability deadline. Requires the FCIC to delay implementation of new insurance approved through the 508(h) process until the next reinsurance year if certain conditions are not met. (§11009(2))
No comparable provision. Marketability determination. Requires AIPs submitting letters of support for a 508(h) submission to provide information and analysis on product marketability. Requires the FCIC to deem 508(h) submissions marketable if at least one AIP expresses support as part of the submission. Requires the FCIC to consider marketability information submitted by AIPs. Permits 508(h) submissions without letters of support from any AIP. (§11009(3))
Reinsurance. Authorizes the FCIC to provide subsidies to cover AIPs’ administrative and operating expenses (A&O) for selling FCIP coverage. (7 U.S.C. §1508(k))
Requires the FCIC to provide an additional A&O subsidy equal to 6% of the net book premium for certain policies sold in certain states when indemnities paid exceed 120% of premiums paid. (§11010(a))
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Caps A&O costs at 24.5% of the premium used to define the loss ratio. Since 2011, annual reinsurance agreements between USDA and AIPs have capped total A&O subsidies for certain policies. This cap has been $1.283 billion since 2015. (7 U.S.C. §1508(k))
Establishes 17% as the minimum A&O subsidy rate for specialty crop policies, beginning in the 2025 reinsurance year. Exempts specialty crop minimums from the annual cap on total A&O subsidies for certain policies. Provides $50 million of mandatory FCIC funding for additional specialty crop A&O subsidies for policies sold in the 2022-2024 reinsurance years. Requires the FCIC to increase the cap on total A&O subsidies annually for inflation, beginning in the 2025 reinsurance year. Limits the inflation adjustment applied for the 2025 reinsurance year. (§11010(b))
No comparable provision. Sugar beet revenue insurance. Requires USDA and the FCIC to offer revenue insurance for sugar beets, beginning in crop year 2026. Requires the policy to cover individual yield losses and revenue loss caused by cooperative-wide yield loss, below average sugar content for the cooperative, or seasonal price declines for refined sugar. (§11011)
No comparable provision. FCIP regulations detail the reductions in coverage applicable to late planted crops. (7 C.F.R. §457.8)
Pilot program to review effectiveness of coverage penalty. Requires USDA and the FCIC to establish a four-year pilot program, beginning in the 2025 crop year and located in or adjacent to certain groundwater districts in Texas, to study yield declines associated with late plantings of corn and other commodity crops. Requires the FCIC to provide full crop insurance benefits for late plantings under the pilot program. Requires the FCIC to determine if late planting reduces use of the Ogallala Aquifer for irrigation. Requires USDA and the FCIC to report the results of the pilot program to Congress no later than 90 days after the end of the 2029 crop year. Provides $200,000 of FCIC mandatory funding for research and development to fund a partnership or cooperative agreement to conduct the required research and evaluation. (§11012)
Notification of compliance problems. Requires FCIC to notify AIPs in writing within three years of any errors, omissions, or failures to follow regulations or procedures that may result in a debt owed to the FCIC. Relieves AIPs from any debt owed to the FCIC due to errors, omissions, or failures to follow regulations or procedures outside of the three-year notification window. (7 U.S.C. §1515(b))
Changes provision heading to “Notification, response, and final determination of compliance problems.” Requires the FCIC to provide an initial finding in writing within three years to notify AIPs of any errors, omissions, or failures to follow regulations or procedures. Requires FCIC to follow a specified process and timeline to seek a compliance remedy from AIPs. Grants AIPs rights to appeal at specified points during the process. Relieves AIPs from any debt owed to FCIC due to errors, omissions, or failures to follow regulations or procedures outside of the procedures specified in this provision unless referred to the Office of Inspector General or Department of Justice. (§11013(1))
Funding for program compliance and integrity data mining. Provides $4 million in mandatory FCIC funding annually for data mining to support program compliance and integrity. (7 U.S.C. §1515(I)(2))
Increases funding from $4 million to $6 million annually for data mining, beginning in FY2025. (§11013(2))
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Funding for reviews, compliance, and integrity. Provides $7 million in mandatory FCIC funding annually to support program compliance and integrity in addition to other funds made available to USDA. (7 U.S.C. §1516(b)(2)(C))
Increases funding from $7 million to $10 million annually for reviews, compliance, and integrity, beginning in FY2025. (§11014)
Review to improve effectiveness of Whole Farm Revenue Protection (WFRP) coverage. Requires the FCIC to hold stakeholder meetings, review procedures and paperwork requirements, and modify procedures and requirements as appropriate to decrease burdens and improve the effectiveness of WFRP no later than June 2020. (7 U.S.C. §1522(c)(7)(E))
Requires the FCIC to conduct annual reviews of the limitations applied to total revenue insured under WFRP and the limitations on insured revenues from animals, animal products, greenhouse and nursery, and aquaculture. Requires the FCIC to provide annual reports to Congress on reviews conducted and planned changes to whole farm coverages. (§11015)
Research and development authority. Requires the FCIC to research and develop new insurance coverage for tropical storms and hurricanes, quality losses, citrus, hops, subsurface irrigation, grain sorghum, limited irrigation, irrigation practices used for rice production, greenhouse production, local foods, and batture lands. (7 U.S.C. §1522(c))
Requires the FCIC to research and develop new insurance coverage for (1) revenue losses for selected crops, (2) wine grape losses from smoke taint, (3) mushrooms losses, (4) losses due to hurricanes and tropical storms, (5) losses due to frost or cold weather, (6) losses for double and rotational oilseed production, (7) harvest incentives for revenue coverage, and (8) losses for poultry revenue or mortality. Requires USDA to report to Congress on progress for these topics. (§11016)
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Table 13. Title XII, Miscellaneous
Current Law/Policy
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Committee
Subtitle A – Livestock and Other Animals, Part 1 – Animal Health and Production
Animal Health Protection Act (AHPA). AHPA (P.L. 107-171) contains provisions to prevent, detect, control, and eradicate diseases and pests to protect animal health. The 2018 farm bill (P.L. 155-34) established the National Animal Disease Preparedness and Response Program (NADPRP) and the National Animal Vaccine and Veterinary Countermeasures Bank (NAAVCB) and increased funding for the National Animal Health Laboratory Network (NAHLN). Authorizes mandatory funding of $120 million for FY2019-FY2022, of which $20 million is reserved for NADPRP, and $100 million is allocated between the three programs. Provides mandatory funding of $30 million for FY2023 and each year thereafter, of which $18 million is reserved for NADPRP, and $12 million to be allocated between the three programs. In addition, authorizes appropriations of $30 million for NAHLN and such sums as necessary for NADPRP and NAAVCB through FY2024. (7 U.S.C. §§8301 et seq.; 7 U.S.C. §8308a(d); P.L. 118-22)
Adds “improving animal disease traceability” to the list of program activities for NADPRP. Increases mandatory funding from $120 million for FY2019- FY2022 to $233 million annually through 2029, of which $10 million is reserved for NAHLN, $70 million for NADPRP, and $153 million for NAAVCB. Increases authorization of appropriations through FY2029 to $45 million for NAHLN and such sums as necessary for NADPRP and NAAVCB. (§12001)
No comparable provision. Cattle fever tick eradication program review and report. Requires USDA to contract with an eligible institution to evaluate the Cattle Fever Tick Eradication Program, including its effectiveness and burden of compliance for cattle producers, and produce a report within one year to Congress with review results and recommendations to improve the program. (§12002)
No comparable provision. Dog Detection Training Center. Establishes the center to train dogs and handlers to protect domestic agriculture and natural resources from foreign pests and diseases. The center is to collaborate with federal agencies; state, local, and county agriculture departments; and private entities to perform additional duties. Requires USDA to submit a report to Congress with recommendations on the future of the program no later than 90 days after enactment. Provides authority to the program until September 30, 2029. (§12003)
Animal Health Protection Act (APHA). Authorizes USDA to take certain measures on the exportation of animals in response to disease threats. (7 U.S.C. §8304)
Regionalization, zoning, and compartmentalization agreements. Allows USDA, in consultation with the U.S. Trade Representative, to negotiate in advance trade agreements with countries representing export markets for U.S. livestock animals or animal products that recognize regions or animal subpopulations as being free of disease in the event of an outbreak. Requires USDA to notify state animal health officials and national producer organizations in regard to any language removed from the Food Safety and Inspection Service (FSIS) Import and Export Library. (§12004)
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Importation of live dogs. The Animal Welfare Act (AWA, P.L. 89-544; 7 U.S.C. §§2131 et seq.) establishes requirements for the importation of live dogs. (7 U.S.C. §2148) No comparable provision in APHA (7 U.S.C. §8301 et seq.)
Amends APHA by prohibiting the import of dogs into the United States without prior electronic documentation proving the dog is healthy, vaccinated, treated for parasites, permanently identified, and, if intended for transfer, at least six months old with an import permit. Provides exceptions for dogs imported as personal pets, military working dogs, research subjects, dogs intended for veterinary treatment (with conditions), and certain dogs under six months old imported into Hawaii. Requires USDA to establish regulations within 18 months of enactment to manage documentation, verification, and the denial of noncompliant dogs. Implements enforcement measures, including penalties for noncompliance and provisions for the care, forfeiture, and return of noncompliant dogs at the expense of the importer or transporter. Existing regulations on importation of live dogs in the AWA apply in the transition period until new regulations are finalized. Afterward, AWA §2148 on live dog imports is repealed. The section includes definitions of terms such as compensation, importer, import transporter, and transfer. (§12005)
Sheep Production and Marketing Grant Program. Establishes a competitive grant program through USDA’s Agricultural Marketing Service to improve the production and marketing of sheep and sheep products in the United States. Provides $2 million of mandatory Commodity Credit Corporation (CCC) funds for FY2019 and $400,000 for FY2024, to remain available until expended. (7 U.S.C. §1627a(c); P.L. 118-22)
Authorizes $3 million in mandatory CCC funding for FY2025, to remain available until expended. (§12006)
No comparable provision. Ensuring the free movement of livestock- derived products in interstate commerce. Prohibits states from enacting or enforcing a production standard, as a condition for sale or consumption, on products derived from livestock not physically raised in such state. Does not cover egg- laying poultry. “Production standard” does not include the movement, harvesting, or further processing of livestock. (§12007)
No comparable provision. Report on support for livestock and poultry producers during a foreign animal disease outbreak. Requires USDA, within six months of enactment, to provide Congress a report on USDA’s ability to protect producers from significant economic losses in the event of a foreign animal disease event and make recommendations to improve its programming and capacity to deliver such assistance. (§12008)
Subtitle A – Livestock and Other Animals, Part 2 – Meat and Poultry Processing and Inspection
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The Packers and Stockyards Act (P&S Act) regulates marketing and competition in the livestock industry. P&S Act regulations prohibit livestock marketing agencies from having ownership and management interests in packing facilities. (7 U.S.C. §§181 et seq.; 9 C.F.R. §201.67)
Amplifying Processing of Livestock in the United States (A-PLUS). Requires USDA to promulgate regulations allowing a livestock marketing agency to own or manage a slaughterhouse, wholesaler, or meat processing facility, so long as such facility has a cumulative daily slaughter capacity of fewer than 2,000 cattle or sheep or 10,000 hogs or a cumulative annual slaughter capacity of fewer than 700,000 cattle or sheep or 3 million hogs. Requires livestock marketing agencies to disclose business interests in a packer to livestock sellers. (§12111)
Hazard analysis and critical control point (HACCP) guidance and resources for small and very small poultry and meat establishments. The Federal Meat Inspection Act (FMIA; P.L. 90-201) and Poultry Products Inspection Act (PPIA; P.L. 85-172) require that all meat and poultry sold commercially be inspected and passed to ensure that it is safe, wholesome, and properly labeled. Each meat and poultry facility must have an HACCP plan to identify potential food safety risks. (21 U.S.C. §§601 et seq.; 21 U.S.C. §§451I et seq.; 9 C.F.R. Part 417)
Requires USDA to make publicly available scientific studies, guidelines, and model plans related to the development of an HACCP plan for small and very small poultry and meat establishments. Requires USDA, within two years, to publish a guidance document on requirements that need to be met in developing an HACCP plan. (§12112)
Cooperative Interstate Shipping program. Allows approved state-inspected processing facilities to operate as federally inspected facilities, under certain conditions. (21 U.S.C. §683; 21 U.S.C. §472)
Requires USDA to conduct outreach to states with inspection programs and without participating establishments in each of FY2025-FY2029. Requires an annual report to Congress detailing outreach activities and results. (§12113)
FMIA and PPIA exempt livestock slaughter inspection for meat products intended for personal consumption. (21 U.S.C. §623; 21 U.S.C. §464)
Pilot program to support custom slaughter establishments. Establishes a pilot program run by state departments of agriculture—or USDA if states choose not to establish a program—that allows custom exempt slaughter facilities, or owners of livestock harvested at such facilities, to sell meat or poultry products directly to in-state consumers. Requires states to send an annual report to USDA on the number of participating facilities and any instance of adulterated meat or poultry products. Requires USDA, within 90 days of enactment, to issue guidance and within two years, to submit a report to Congress detailing participation rates, outcomes, and information provided by the states. Sunsets the pilot program on September 30, 2029. (§12114)
Subtitle B – Department of Agriculture Reorganization Act of 1994
The Office of Homeland Security (OHS). The 2018 farm bill created OHS to lead USDA efforts to prevent, protect against, mitigate the effects of, respond to, or recover from naturally occurring, unintentional, or intentional threats to the agriculture and food system. (7 U.S.C. §6922)
Amends OHS duties to include annual cross-sector crisis simulation exercises. Allows USDA to detail employees to and accept detailed employees from the intelligence community. Requires OHS to conduct risk assessments on vulnerabilities of critical food and agriculture infrastructure. Requires USDA to provide briefings and reports to Congress no later than 180 days after the completion of risk assessments. (§12201)
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Farm Service Agency (FSA). Assigns FSA jurisdiction to carry out the Conservation Reserve Program (CRP) and to administer it in concurrence with the Natural Resources Conservation Service (NRCS). (7 U.S.C. §6932(b)(4)-(c))
Removes CRP from FSA’s assigned jurisdiction and requires any other conservation programs remaining in FSA’s jurisdiction to be administered in concurrence with NRCS. (§12202)
Office of Partnerships and Public Engagements. Provides education, tools, and resources available in USDA programs and initiatives focusing on rural and underserved communities. Authorizes appropriations of $2 million annually through FY2024. (7 U.S.C. §6934; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§12203)
Natural Resources Conservation Service (NRCS). Assigns NRCS jurisdiction to carry out conservation programs, except CRP. (7 U.S.C. §6936(b)(5))
Removes the prohibition on NRCS from having jurisdiction over CRP. (§12204(1))
Prohibits USDA from closing any NRCS field office or relocating field-based employees without congressional notification through FY2024. (7 U.S.C. §6936(g)(2); P.L. 118-22)
Reauthorizes the congressional notice requirement through FY2029. (§12204(2))
National Appeals Division. Conducts impartial administrative appeals hearings of adverse program decisions by FSA, the Risk Management Agency, NRCS, the Rural Housing Agency, the Rural Business Cooperative Service, and the Rural Utilities Service. The burden of proof provision requires appellants to prove that an agency’s adverse decision is erroneous. (7 U.S.C. §6997(c)(4))
Amends the burden of proof provision to require the agency to prove with substantial evidence that an adverse decision is valid. (§12205)
Termination of Authority. Ends USDA authority to reorganize USDA two years after the enactment of the Department of Agriculture Reorganization Act of 1994 (P.L. 103–354). Lists functions that are not affected by the two-year termination date. (7 U.S.C. §7014(b))
Provides USDA authority to carry out the amendments of the Farm, Food, and National Security Act of 2024. (§12206)
Office of Tribal Relations. Establishes the USDA Office of Tribal Relations and authorizes it to advise USDA on policies related to Indian tribes and to carry out other functions as determined by USDA. (7 U.S.C. §6921)
Expands the duties of the office to include overseeing the self-determination contracts between USDA and tribal organizations and self-governance compacts between USDA and Indian tribes. (§12207)
No comparable provision. Office of the Ombudsman. Requires USDA to create an independent Office of the Ombudsman led by a senior official with a background in civil rights enforcement. The office is to assist producers and USDA customers on civil rights matters, equitable access, and implementation of USDA programs. Requires USDA to establish procedures granting the office access to all information needed to fulfill its functions. No more than one year after enactment, requires the office to provide an annual report on activities, findings, and recommendations to Congress. Authorizes appropriations of $1 million annually through FY2029. (§12208)
Subtitle C – National Security
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Agricultural foreign investment disclosure. The Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA; P.L. 95-460) requires disclosure by “any foreign person who acquires or transfers any interest, other than a security interest, in agricultural land” to USDA within 90 days after the date of such acquisition or transfer. Requires USDA to track this information and report data annually. Allows USDA to impose civil penalties for nondisclosure not to exceed 25% of the fair market value of the land. The FY2023 Consolidated Appropriations Act (P.L. 117-328) further requires USDA to report on the impact of foreign investments in U.S. agricultural lands and requires USDA to establish a streamlined process for electronic submission and retention of disclosures submitted under AFIDA, among other activities. (7 U.S.C. §§3501-3508)
Requires USDA to enter into one or more memoranda of understanding with the Committee on Foreign Investment in the United States (CFIUS) and provide CFIUS with information related to foreign ownership of U.S. agricultural land submitted to USDA under AFIDA. Requires USDA to regularly update its Foreign Investment Disclosure handbook to reflect AFIDA implementation and incorporate updates related to the Government Accountability Office’s (GAO’s) January 2024 AFIDA recommendations. Modifies civil penalties under AFIDA (depending on the type of violation) and requires public disclosure of USDA enforcement actions. Requires USDA to conduct nationwide outreach. (§12301)
USDA reporting and data digitization requirements have been part of annual Consolidated Appropriations Acts since FY2022. (P.L. 118-42, §742)
Report on agricultural land by countries designated as state sponsors of terrorism. Requires USDA to annually report to Congress U.S. agricultural land purchasing activities by countries designated as state sponsors of terrorism, including an analysis of possible threats to U.S. food security, safety, biosecurity, or environmental protection. (§12302)
Investigative actions. Authorizes USDA to take necessary action to monitor compliance with foreign ownership of land. (7 U.S.C. §3503)
Requires USDA appoint a chief of operations to hire, appoint, and maintain additional employees to monitor compliance, conduct investigations, and conduct an annual audit of available data, among other tasks. Investigative actions (in coordination with the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, the Department of the Treasury, the National Security Council, and state and local law enforcement agencies) are to focus on “malign efforts” to “steal agricultural knowledge and technology” or to “disrupt the United States agricultural base,” as well as conducting an annual audit of available data. Defines a foreign entity of concern as defined by 15 U.S.C. §4651. (§12303)
USDA reporting and data digitization requirements have been part of recent annual Consolidated Appropriations Acts since FY2022 (P.L. 118-42, §742)
Digitization and consolidation of foreign land ownership data collection and publication. Requires USDA, not later than three years after enactment, to establish a streamlined process for electronic submission and retention of disclosures in a database to include each registration or updated registration of agricultural land owned or leased by a foreign person. Provides $10 million in mandatory CCC funding, to remain available until expended. Repeals data reporting requirements established in 2023 (P.L. 117–328, §773). (§12304)
Subtitle D – Other Miscellaneous Provisions
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Thrifty Food Plan (TFP). Maximum monthly Supplemental Nutrition Assistance Program (SNAP) benefit allotments are tied to the cost of purchasing a nutritionally adequate low-cost diet, as measured by the USDA-created and -calculated TFP. This is a market basket of foods used as a basis for the cost of food and diet adequacy—the limited foods in the theoretical basket are not limits on what SNAP benefits may purchase. The reference family of four people consisting of adults and children of certain ages is used; from that reference, USDA is required to “make household-size adjustments (based on the unrounded cost of such diets) using economies of scale.” Specific methodology is not in statute.
Requires USDA to follow specific ratios of the TFP reference family amount to determine maximum benefit amounts for all household sizes.
The TFP cost is adjusted for food price inflation annually, each October, to reflect the cost of the TFP in the immediately previous June. The index of inflation is not specified in statute; USDA uses the Consumer Price Index for the categories of food included in the basket. Maximum allotments are standard across the 48 contiguous states and the District of Columbia, but separate calculations are required for Alaska (one urban version, two rural versions), Hawaii, Guam, and the Virgin Islands.
Requires USDA “to reflect changes in the Consumer Price Index for All Urban Consumers” in its annual inflationary adjustments. Amends TFP inflation for Hawaii to include separate urban and rural versions.
The 2018 farm bill (P.L. 115-334) required USDA to reevaluate the contents of the TFP by 2022 and at five- year intervals thereafter. USDA’s 2021 reevaluation for the contiguous states and the District of Columbia (unlike reevaluations in 2006 and earlier) did not hold the cost of the new basket neutral, and benefits increased approximately $12-$16 per person per month. An update to Hawaii’s TFP in 2023, using Honolulu data, resulted in a TFP lower than the plan in place in the contiguous states. (7 U.S.C. §2012(u); 7 U.S.C. §2017(a); USDA, Thrifty Food Plan, 2021, August 2021; USDA, Thrifty Food Plan Cost Estimates for Alaska and Hawaii, July 2023.)
Not earlier than October 1, 2027, and at intervals not more frequent than five years, gives USDA discretion to reevaluate the market baskets of the TFP. Prior to any update based on such a reevaluation, requires the methodology and results to be published in the Federal Register with a comment period of at least 60 days. Requires USDA to “not increase the cost of the thrifty food plan based on [this] reevaluation or update.” (§12401)
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Establishment of Dietary Guidelines. Requires USDA and the Department of Health and Human Services (HHS) to publish a Dietary Guidelines for Americans (DGA) report at least every five years, which must include information and guidelines based on the preponderance of current scientific and medical knowledge. Since 1985, the DGA report has been informed by a report published by an external federal advisory committee; this is not required in current statute. (7. U.S.C. §5341)
Revises the timeline for the DGA publication to “as necessary,” based on updated Dietary Reference Intake (DRI) values but not less than every 10 years. Expands the required scope and rigor of scientific evidence included in the DGA report. Requires the report to include information for individuals with nutrition-related chronic disease and recommendations that are affordable, available, and accessible to the general population, among other requirements. Requires USDA and HHS to establish an independent advisory board of experts in nutrition and food science tasked with raising high-priority questions to inform DGA development. Establishes membership and congressional notification requirements. Requires USDA and HHS to coordinate with the Joint U.S.-Canada Dietary Reference Intake Working Group to ensure updated DRI values reflect current understanding of nutritional science. Specifies that a DRI update should occur at least once per year. Prohibits USDA and HHS from including topics deemed not relevant to dietary guidance (e.g., taxation, social welfare policies, and other specifications). Authorizes mandatory CCC funding of $5 million annually through FY2029, to remain available until expended. Establishes the 2020 DGA as current and controlling until publication of the next DGA report. (§12402)
Fluid milk. Schools participating in the National School Lunch Program (NSLP) must offer students a variety of fluid milk consistent with the most recent DGA, which may include flavored, unflavored, and lactose-free milk. USDA regulations allow flavored and unflavored reduced-fat (1%) and fat-free milk. Requires milk and other foods purchased for the NSLP to be of domestic origin to the maximum extent practicable. (42 U.S.C. §1758(a)(2)(A); 42 U.S.C. §1760(n))
Enables schools to serve whole milk and additional reduced-fat varieties of milk, removing the requirement that milk served in the NSLP be consistent with the DGA and exempting milk from saturated fat limits in the program. Specifies that organic and nonorganic milk varieties are allowed. Prohibits NSLP milk purchases from “China state-owned enterprises.” (§12403)
Commission on Farm Transitions—Needs for 2050. The 2018 farm bill required the establishment of the Commission on Farm Transitions—Needs for 2050 to conduct a study on issues affecting the transition of agricultural operations from established farmers and ranchers to the next generation of farmers and ranchers. The commission was not established. (P.L. 115-334; §12609)
Requires USDA to establish a commission within 60 days of enactment to study the generational transition of farms and ranches and to make recommendations on the issues. Adds issues including access to business training and technical assistance programs, the impact of state taxes, heirs’ property and succession, unique barriers for historically underserved women farmers and ranchers, and leasing trends, including ownership by foreign entities. Terminates the commission on September 30, 2029. (§12404)
Report on personnel. The 2018 farm bill requires USDA to provide Congress biannual reports describing the number of staff years and employees at each USDA agency in FY2019-FY2024. (P.L. 115-334, §12506; P.L. 118-22)
Extends the reporting requirement through FY2029. (§12405)
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U.S. Drought Monitor. The U.S. Drought Monitor is a collaboration between USDA, the National Oceanic and Atmospheric Administration (NOAA), and the National Drought Mitigation Center at the University of Nebraska-Lincoln. Maps and data are released weekly. The drought monitor is used to determine drought relief for certain USDA programs. Authorizes appropriations of $5 million per year through FY2024. (7 U.S.C. §5856; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§12406)
Pima Agriculture Cotton Trust Fund. Provides payments to nationally recognized associations that promote pima cotton use in textile and apparel goods, certain pima cotton yarn spinners, and certain apparel manufacturers that use imported cotton fabric. Provides mandatory CCC funding of $16 million annually through calendar year (CY) 2024, to remain available until expended. (7 U.S.C. §2101 note; P.L. 118-22) Agriculture Wool Apparel Manufacturers Trust Fund. Provides payments to certain manufacturers of wool products and apparel. Provides mandatory CCC funding annually the lesser of $30 million or the amount necessary to make payments that year through CY2024, to remain available until expended. (7 U.S.C. §7101 note; P.L. 118-22) Wool Research and Promotion. Provides grants to a nationally recognized council for the development of the U.S. wool market and to assist U.S. wool producers as described in the Wool Research, Development, and Promotion Trust Fund. Provides mandatory CCC funding of $2.25 million annually through CY2024, to remain available until expended. (7 U.S.C. §7101 note; P.L. 118-22)
Agricultural Fiber Products Trust Fund. Combines the Pima Agricultural Cotton Trust Fund, the Agriculture Wool Apparel Manufacturers Trust Fund, and the Wool Research and Promotion Trust Fund as the Agricultural Fiber Products Trust Fund. Provides mandatory CCC funding of $50 million annually for CY2025-CY2029, to remain available until expended. In CY2025-CY2029, the trust fund is to annually distribute not less than $30 million to the wool apparel manufacturers program, not less than $17.75 million annually to the pima agricultural cotton program, and not less than $2.25 million to provide grants to a nationally recognized council for the development of the U.S. wool market and to assist U.S. wool producers as described in the Wool Research, Development, and Promotion Trust Fund. (§12407)
Data collection and reporting on land access and ownership. The 2018 farm bill requires USDA to submit to Congress and make publicly available data and analysis on farmland ownership, tenure, transition, and entry of beginning and socially disadvantaged farmers and ranchers. Authorizes appropriations of $3 million annually through FY2024, to remain available until expended. (7 U.S.C. §2204i; P.L. 118-22)
Adds reporting requirements to catalog existing federal, state, or private programs that facilitate access to land, capital, and markets across a range of assistance categories and to conduct additional surveys, assessments, and consultations. Reauthorizes appropriations at current levels through FY2029. (§12408)
Lacey Act. The Lacey Act (P.L. 97-79), as amended, authorizes USDA and the U.S. Fish and Wildlife Service (FWS) to prohibit the importation, exportation, transportation, sale, receipt, acquisition, or purchase of any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or any Indian tribal law or foreign law. (16 U.S.C. §§3371-3378)
Increasing transparency regarding detention of imported plants. Requires USDA, within 180 days of enactment, to issue guidance in coordination with FWS and U.S. Customs and Border Protection clarifying the process for importers to obtain information on why their plants were denied entry and detained under the Lacey Act Amendments of 1981. Requires USDA to provide detained plant importers with specific reasons for the detention, the detention date, the expected duration of the detention, details of tests or inquiries to be conducted (which the importer can replicate), and information that could expedite the resolution of the detention. (§12409)
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Animal Welfare Act. Authorizes USDA to create regulations to enforce the law and set standards for the humane treatment of certain animals. (7 U.S.C. §§2131 et seq.)
Enhancement of pet protections. Requires USDA, within two years, to submit a report to Congress evaluating the enforcement, effectiveness, and efficiency of AWA standards for companion animals. The report is to include an evaluation of education efforts for dealers, enforcement capacity, and recommendations for improvements while considering costs. Amends AWA to specify that “adequate veterinary care” includes visual dental examinations. Requires USDA to create rules for considering immediate confiscation or destruction of a dog during inspections if the dog is in unrelieved suffering. Defines unrelieved suffering as severe pain or distress caused by noncompliance with AWA. (§12410)
Protecting animals with shelter. The 2018 farm bill authorizes USDA to provide emergency and transitional shelter options for domestic violence survivors with companion animals. Authorizes appropriations of $3 million annually through FY2024. (34 U.S.C. §20127; P.L. 118-22)
Reauthorizes appropriations at current levels through FY2029. (§12411)
No comparable provision. Report on Texas economic losses. Requires USDA to provide Congress within 180 days after enactment, a report containing all USDA authorities that could assist Texas agricultural producers that have suffered economic losses due to Mexico’s failure to deliver water in accordance with a 1944 treaty. (§12412)
Experienced Services Program. Establishes a program for individuals aged 55 or older who do not work for USDA or state agriculture departments to provide technical, professional, and administrative services to conservation, research, education, and economics programs and authorities. Experienced services may be used by NRCS, Agricultural Research Service, Economic Research Service, National Agricultural Library, the National Agricultural Statistics Service (NASS), NIFA, and the Office of the Chief Scientist. Organizations enter into agreements with USDA to provide qualified individuals. (16 U.S.C. §3851)
Requires USDA to create a separate experienced services program for each USDA mission area, except for NRCS and U.S. Forest Service programs and authorities, which retain the program referenced in current law (see §2505). The program is funded through available mission area funds. (§12413)
General duties of Secretary; advisory functions; research and development. Authorizes USDA to collect and distribute information on agriculture, which can be obtained by the collection of statistics. Provides broad authorization for USDA’s NASS to collect data on agriculture, including farm labor. (7 U.S.C. §2204)
Agricultural Labor Survey. Requires NASS to collect and publish data on the average base rate pay for hired agricultural workers through its agricultural labor survey (commonly referred to as the “Farm Labor Survey”). Requires NASS to ensure survey recipients include all agricultural employers, agricultural associations employing farm labor, and farm labor contractors. Requires a USDA report to Congress on the quality of the farm labor survey and the impact of farm labor costs on agricultural employers. (§12414)
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Secure payments for states containing federal land. Under the Secure Rural Schools and Community Self-Determination Program (SRS), counties containing National Forest System (NFS) lands and specified lands managed by the Bureau of Land Management may elect to receive payments based on eligible federal land acreage, historic revenue from the federal lands, and other factors. The authority for the federal government to make payments under SRS expired in FY2023. Specified portions of the SRS payment are reserved for certain project types on federal and nonfederal lands. The authority to initiate such projects expires in FY2025, and any unobligated funds are to be returned to the Treasury by FY2026. (16 U.S.C. §7111 et seq.)
Reauthorizes SRS and extends the authority for the federal government to make payments to counties under the program through FY2026. Extends the authority to initiate projects using specified SRS funds through FY2028 and specifies that any unobligated funds are to be returned to the Treasury by FY2029. (§12415)
Commodity Futures Trading Commission (CFTC) Whistleblower Program. Establishes a CFTC account to fund a Whistleblower Office and an Office of Customer Education and Outreach with transfers of up $10 million from CFTC’s Customer Protection Fund for funding until October 1, 2024. (P.L. 117-25; P.L. 117-328).
Extends funding availability through October 1, 2026. (§12416)
No comparable provision. Qualified renewable biomass. Defines qualified renewable biomass as (a) forest products manufacturing bioenergy feedstocks (e.g., forest products manufacturing residuals, harvest residues, downed wood from extreme weather events and natural disasters, plant material removed for invasive species control, biowaste, and non-chemically treated used wood products) and (b) forest biomass derived from selected residues created as a byproduct of timber harvesting (e.g., tree limbs). Qualified renewable biomass does not include paper that is commonly recycled. Requires USDA to consider qualified renewable biomass as a renewable energy source and assign it—as well as a facility that uses qualified renewable biomass as fuel—a greenhouse gas emission rate and a carbon intensity of not greater than zero if the use of the qualified renewable biomass as fuel does not cause the conversion of forests to non-forest use. Within 180 days of enactment, requires USDA to issue guidance and consult with the U.S. Environmental Protection Agency, the Department of Energy, and other relevant entities. Authorizes USDA to periodically update the guidance. (§12417)
No comparable provision. Information on energy-efficient pumping systems. Requires USDA to publish, within 180 days of enactment and on an existing website, information on energy-efficient water pumping systems. (Section not specified)
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Child labor provisions of the Fair Labor Standards Act of 1938. Prohibits any employer, directly or through an enterprise, from employing “oppressive child labor” in business or the production of goods to be sold. Requires the Department of Labor to enforce the provisions concerning the employment of minors. (29 U.S.C. §212)
Requires a GAO report to Congress on how to prevent illegal child labor in the agriculture and food industries, particularly entities with violations of the child labor provisions of the Fair Labor Standard Acts of 1938 (29 U.S.C. §212) who have entered into a procurement contract with the USDA Agriculture Marketing Service. (Section not specified)
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Table 14. Farm Bill Key CRS Policy Staff
Policy Issue Name
Agricultural Disaster Assistance Christine Whitt
Agricultural Research Eleni Bickell
Animal Welfare Eleni Bickell
Bioenergy, Biofuel, Biogas Kelsi Bracmort
Clean Water Act Permitting Laura Gatz
Commodity Support Stephanie Rosch and Joel Greene
Commodity Credit Corporation (CCC) Megan Stubbs
Conservation Megan Stubbs
Credit Jim Monke
Critical Mineral Resources Linda Rowan
Crop Insurance Stephanie Rosch
Dairy Policy Joel Greene
Dietary Guidelines Alexandria Mickler
Farm Bill Budget Jim Monke
Farm Labor Stephanie Rosch
Foreign Ownership of U.S. Farmland Renée Johnson
Forestry Anne Riddle
Historically Underserved Producers Renée Johnson
Horticulture, Specialty Crops, and USDA- Certified Organic Agriculture Renée Johnson
Industrial Hemp Renée Johnson
International Food Assistance Benjamin Tsui
Livestock/Animal Agriculture Joel Greene
Local and Urban Agriculture Renée Johnson
Meat Processing and Labeling Lia Biondo
Nutrition Programs Randy Alison Aussenberg, Kara Clifford Billings
Preemption Under FIFRA Jason Heflin
Pesticide Registration Jerry Yen
Racial Equity in Agriculture Lisa Benson
Renewable Fuel Standard Kelsi Bracmort
Rural Development, Rural Utilities (broadband, electricity, water and waste disposal), Rural Business Development, Rural Community Facilities
Lisa Benson
Rural Energy for America Program Kelsi Bracmort
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Policy Issue Name
Sugar Policy Joel Greene
Sustainable Aviation Fuel Kelsi Bracmort
Trade Benjamin Tsui
Frank Gottron, Coordinator Section Research Manager
Alexandria K. Mickler
Analyst in Health Policy
Randy Alison Aussenberg Specialist in Nutrition Assistance Policy
Jim Monke
Specialist in Agricultural Policy
Lisa S. Benson Specialist in Agricultural Policy
Duncan P. Orlander
Research Assistant
Eleni G. Bickell Analyst in Agricultural Policy
Anne A. Riddle
Specialist in Natural Resources Policy
Lia Biondo Analyst in Agricultural Policy
Stephanie Rosch
Analyst in Agricultural Policy
Kara Clifford Billings Analyst in Social Policy
Linda R. Rowan
Analyst in Natural Resources and Earth Sciences
Kelsi Bracmort Specialist in Natural Resources and Energy Policy
Megan Stubbs
Specialist in Agricultural Conservation and Natural Resources Policy
Laura Gatz Specialist in Environmental Policy
Benjamin Tsui
Analyst in Agricultural Policy
Joel L. Greene Analyst in Agricultural Policy
Christine Whitt
Analyst Agricultural Policy
Jason O. Heflin Legislative Attorney
Jerry H. Yen
Analyst in Environmental Policy
Renée Johnson Specialist in Agricultural Policy
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