The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

February 22, 2019 – May 7, 2024 R45525

The 2018 Farm Bill (P.L. 115-334): Summary
May 7, 2024
and Side-by-Side Comparison
Frank Gottron,
Congress sets national food and agriculture policy through periodic omnibus farm bills that
Coordinator
address a broad range of farm and food programs and policies. The 115th Congress established
Section Research Manager
the direction of farm and food policy for five years through 2023 by enacting the Agriculture

Improvement Act of 2018, which the President signed into law on December 20, 2018, as P.L.
115-334.

The Congressional Budget Office (CBO) has scored the cost of programs with mandatory spending—such as nutrition
programs, commodity support programs, major conservation programs, and crop insurance—in the enacted 2018 farm bill at
$867 billion over a 10-year budget window of FY2019-FY2028. This amount is budget neutral compared with CBO’s
baseline scenario of an extension of 2014 farm bill (P.L. 113-79) programs with no changes. CBO estimates that over the
five-year life of the law (FY2019-FY2023), outlays will amount to $428 billion, or $1.8 billion above the baseline scenario.
In general, the new law largely extends many major programs through FY2023, thereby providing an overlay of continuity
with the existing framework of agriculture and nutrition programs even as it modifies numerous programs, alters the amount
and type of program funding that certain programs receive, and exercises discretion not to reauthorize some others.
The enacted 2018 farm bill extends agricultural commodity support programs largely along existing lines while modifying
them in various ways. For instance, producers acquire greater flexibility, compared with prior law, to switch between the
Price Loss Coverage (PLC) and Agricultural Risk Coverage (ARC) revenue support programs. Producers may update
program yields that factor into payments under PLC, while a newly added escalator could raise a commodity’s reference
price under the program. The law also makes several modifications to ARC, including introducing a trend-adjusted yield that
has the potential to raise ARC revenue guarantees for producers. Other changes include an increase in marketing assistance
loan rates for a number of crops and revising the definition of family farm to include nephews, nieces, and cousins, making
these individuals eligible for farm program payments. The law modifies dairy programs, including renaming the Margin
Protection Program as Dairy Margin Coverage (DMC) and revising it to expand the margin protection between milk prices
and feed costs that milk producers may purchase, as well as lowering the cost of this coverage for the first 5 million pounds
of milk produced. Loan rates under the sugar program are increased.
The Supplemental Nutrition Assistance Program (SNAP), the largest domestic nutrition assistance program, is reauthorized
through FY2023. The law amends SNAP in a number of ways, including making changes to policies intended to reduced
errors and fraud in SNAP, limiting fees that electronic benefit transfer processors may charge, and requiring nationwide
online acceptance of SNAP benefits. Not included in the enacted bill are provisions in the House-passed bill that would have
expanded work requirements and SNAP employment and training programs. The enacted bill does make certain
modifications to these elements of the program, such as expanding the employment and training activities that a state may
provide. Beyond SNAP, the law amends programs that distribute U.S. Department of Agriculture (USDA) foods to low-
income households, and it increases funding for The Emergency Food Assistance Program (TEFAP).
The enacted farm bill addresses agricultural conservation on several fronts. For one, it reauthorizes the two largest working
lands programs—the Environmental Quality Incentives Program (EQIP) and the Conservation Stewardship Program (CSP)—
while reducing the overall funding allocated for these two programs. It also reauthorizes the primary land retirement program,
the Conservation Reserve Program (CRP), allowing it to expand from a maximum of 24 million acres in FY2019 to 27
million acres in FY2023 while offsetting the added cost of any enrollment increase through lower payments to participants.
The law also expands grazing and commercial uses on CRP acres and provides options for new and limited resource
producers for transitioning CRP land.
The enacted 2018 farm bill addresses a range of issues of importance to rural America, including combatting substance abuse
by prioritizing assistance under certain programs, by expanding broadband access and providing additional authorized
appropriations to that end and by amending the definition of rural by excluding certain groups of individuals from
population-based criteria. The credit title increases the maximum loan amount for guaranteed loans, and these amounts are
adjusted for inflation thereafter. The ceiling for direct loans is also raised, among other changes.
Among the broad and diverse array of other provisions in the law are provisions intended to facilitate the commercial
cultivation, processing, and marketing of hemp. Among these, hemp with low levels of the psychoactive ingredient in
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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

marijuana is excluded from the statutory definition of marijuana. The law creates a new hemp program under USDA
oversight and makes hemp an eligible crop under the federal crop insurance program. The enacted 2018 farm bill also
strengthens the National Organic Program and increases funding for organic agricultural research.
Within the Miscellaneous title, the livestock industry is the object of several initiatives to guard against disease outbreaks and
strengthen the response to such events. These include the establishment of the National Animal Disease Preparedness
Response Program and the National Animal Vaccine and Veterinary Countermeasures Bank. The law also addresses USDA
organizational changes in recent years, requiring USDA to reestablish the position of Under Secretary for Rural Development
and creating a Rural Health Liaison, among other changes. Among its provisions, the Forestry title addresses the
accumulation of biomass in many forests and the consequent risk of wildfires by establishing, reauthorizing, and modifying
various assistance programs to promote wood use and biomass removal.
With these programs, policies, and initiatives codified into law, the job that remains is for USDA, other federal agencies, and
entities designated by the enacted farm law to implement the will of Congress through regulatory actions and other
administrative measures. As implementation of the farm law proceeds, Congress may find it prudent to monitor this process
and to provide direction and feedback through the exercise of its oversight responsibilities.

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Introduction
Congress has been active in establishing federal policy for the agricultural sector on an ongoing
basis since the 1930s. Over the years, as economic conditions and technology have evolved,
Congress has regularly revisited agricultural policy through periodic farm legislation. Across
these decades, the breadth of policy areas addressed through such farm bills has expanded beyond
providing support for a limited number of agricultural commodities to include establishing
programs and policies that address a broad spectrum of related areas. These include agricultural
conservation, credit, rural development, domestic nutrition assistance, trade and international
food aid, organic agriculture, forestry, and support for beginning and veteran farmers and
ranchers, among others.
The Agriculture Improvement Act of 2018 (P.L. 115-334), known as the “2018 farm bill,” was
enacted on December 20, 2018, approximately eight months after the bill was introduced (Table
1).1 In the House, the Agriculture Committee reported the bill on April 18, 2018, by a vote of 26-
20. An initial floor vote on May 18, 2018, failed in the House by a vote of 198-213, but floor
procedures allowed that vote to be reconsidered (H.Res. 905). The House passed H.R. 2 in a
second vote of 213-211 on June 21, 2018. In the Senate, the Agriculture Committee reported its
bill (S. 3042) on June 13, 2018, by a vote of 20-1. The Senate passed its bill as an amendment to
H.R. 2 by a vote of 86-11 on June 28, 2018. Conference proceedings to resolve the differences
between the House- and Senate-passed versions of H.R. 2 officially began on September 5, 2018,
and concluded in December 2018 with Senate passage of H.R. 2 on a vote of 87-13 and House
passage by a vote of 369-47 (H.Rept. 115-1072).
Table 1. Legislative Action on the 2018 Farm Bill

House
Senate
Conference Report Approval

Cmte.
Passage
Cmte.
Passage
Report
House
Senate
Public Law
2018 farm bill
4/18/2018
5/18/2018
6/13/2018 6/28/2018 12/10/2018 12/12/2018 12/11/2018 12/20/2018
Agriculture
H.R. 2
H.R. 2
S. 3042
H.R. 2
H.Rept.
H.R. 2
H.R. 2
P.L. 115-334
Improvement Act of
Initial vote failed
Vote of
Vote of
Vote of
115-1072
Vote of
Vote of
2018
by 198-213
26-20
20-1
86-11
369-47
87-13
Covers 2019-2023
Reconsidered
5/3/2018
crops or until
under
H.Rept.
9/30/2023
H.Res. 905
115-661
6/21/2018
Passed by vote
of 213-211
Source: CRS Report R45210, Farm Bills: Major Legislative Actions, 1965-2023.
The enacted 2018 farm bill continues a tradition of multi-year farm bills that would establish
policy for a broad array of agriculture and nutrition assistance programs. To this end, P.L. 115-
334 addresses agriculture and food policy across 12 titles. These titles cover commodity support
programs, agricultural conservation, trade and international food aid, domestic nutrition
assistance, credit, rural development, research and extension, forestry, horticulture, crop
insurance, and a variety of other policies and initiatives.2

1 CRS Report R45210, Farm Bills: Major Legislative Actions, 1965-2023.
2 The disparity between the 11 titles in the House-passed bill and the 12 titles in the Senate-passed bill was resolved in
(continued...)
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The Congressional Budget Office (CBO) projected at enactment that outlays of the 2018 farm bill
will amount to $428 billion over the five-year life of the law (FY2019-FY2023). Most of this
projected spending—$326 million, or 76%—is in the nutrition title for the Supplemental
Nutrition Assistance Program (SNAP). The remaining 24%—$102 billion of projected outlays—
stems primarily from agricultural programs, including crop insurance, farm commodity programs,
and conservation. CBO estimated that the conference agreement for the 2018 farm bill will be
budget neutral over a 10-year period (FY2019-FY2028). CBO estimated that in its first five years,
the enacted 2018 farm bill will increase spending by $1.8 billion, compared with a simple
extension of the 2014 farm bill, but that this initial increase will be entirely offset in the second
five years of the budget window. The “Budgetary Impact” section of this report provides
additional detail at the level of individual titles and major programs.
The policymaking environment for the 2018 farm bill differed materially from that of the 2014
farm bill, reflecting lower farm income levels in recent years and disruptions to agricultural
exports beginning in 2018. The U.S. Department of Agriculture (USDA) forecasts that for 2018,
net cash farm income—a measure of the profitability of farming—will be about one-third below
the levels of 2012 and 2013, which were the highest in the last 40 years adjusted for inflation.3
The decline in net cash farm income over this period reflects lower farm prices for many
commodities. U.S. farm exports, which provide critical support to U.S. agricultural commodity
prices and farm profitability, have been disrupted since early 2018 by a series of trade disputes
involving major U.S. agricultural export markets—including China, Canada, Mexico, and the
European Union—that has led to the imposition of tariffs by these trading partners on a range of
U.S. farm product exports.4 The decline in farm income, coupled with uncertainty about prospects
for agricultural exports, may well have played a role in shaping a set of policies in the enacted
farm bill that provide farmers and ranchers with a degree of continuity for the next five years.
This report provides an analysis of the budgetary implications of both bills, followed by
summaries identifying some of the changes contained in the enacted 2018 farm bill compared
with prior law. These summaries are followed by tables containing a title-by-title analysis of all of
the policies and provisions in the enacted 2018 farm bill compared to the House- and Senate-
passed versions of H.R. 2 and with the expired 2014 farm bill.

the conference-passed version, which retains a separate title for energy programs as provided for in the Senate-passed
version of H.R. 2, as compared with the House-passed version, which combined the agricultural energy programs with
the rural infrastructure and economic development title.
3 CRS Report R45117, U.S. Farm Income Outlook for 2018.
4 CRS Report R45310, Farm Policy: USDA’s 2018 Trade Aid Package.
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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

Table 2. Farm Bill Key CRS Policy Staff
Policy Issue
Name
Report Coordinator/Overview
Frank Gottron
Budget Situation and Outlook
Jim Monke
Farm Economy
Stephanie Rosch
Commodity Support
Stephanie Rosch
Joel L. Greene
Crop Insurance
Stephanie Rosch
Disaster Assistance
Christine Whitt
Animal Agriculture
Joel L. Greene
Horticulture and Specialty Crops
Renée Johnson
Organic Agriculture
Renée Johnson
Hemp
Renée Johnson
Local, Urban, and Innovative
Renée Johnson
Production
Conservation
Megan Stubbs
Nutrition
Randy Alison Aussenberg
Kara Clifford Bil ings
Trade and Export Promotion
Benjamin Tsui
International Food Assistance
Amber D. Nair
Credit
Jim Monke
Rural Development
Lisa Benson
Research, Extension, and Education
Eleni G. Bickel
Forestry
Anne Riddle
Energy
Kelsi Bracmort
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Budgetary Impact5
The allocation of federal spending is one way to measure the activities covered by a farm bill,
both by how much is spent in total and by how a new law changes policy. CBO estimates are the
official measures when bills are considered and are based on long-standing budget laws and
rules.6
A farm bill authorizes funding in two ways: It authorizes and pays for mandatory outlays with
multi-year budget estimates when the law is enacted. It also sets the parameters for discretionary
programs and authorizes them to receive future appropriations but does not provide funding.
Mandatory programs often dominate farm bill policy and the debate over the farm bill budget.
Figure 1 illustrates the $428 billion, five-year total of projected mandatory outlays at enactment
for the life of the 2018 farm bill (FY2019-FY2023). Figure 2 shows program-level detail for
agriculture-specific programs, particularly the farm commodity and conservation titles. The
nutrition title is the largest component of the farm bill budget, followed by crop insurance, farm
commodity programs, and conservation.
Baseline
The budgetary impact of mandatory spending proposals is measured relative to an assumption
that certain programs continue beyond the end of the farm bill. The benchmark is the CBO
baseline—a projection at a particular point in time of future federal spending on mandatory
programs under current law. The baseline provides funding for reauthorization, reallocation to
other programs, or offsets for deficit reduction. Generally, many programs (such as the farm
commodity programs or supplemental nutrition assistance) are assumed to continue in the
baseline as if there were no change in policy and the program did not expire. However, some
programs are not assumed to continue beyond the end of a farm bill.7
The CBO baseline used to develop the 2018 farm bill was released in April 2018.8 It projected
that if the 2014 farm bill, as amended as of April 2018, were extended, farm bill programs would
cost $867 billion over the next 10 years, FY2019-FY2028.9 Most of that amount, 77%, was in the
nutrition title for SNAP. The remaining 23%, $203 billion baseline (the first and fourth data
columns in Table 3), was for agricultural programs, mostly in crop insurance, farm commodity
programs, and conservation. Other titles of the farm bill contributed about 1% of the baseline,
some of which are funded primarily with discretionary spending.

5 This section was written by Jim Monke, Specialist in Agricultural Policy.
6 CRS Report 98-560, Baselines and Scorekeeping in the Federal Budget Process.
7 CRS Report R44758, Farm Bill Programs Without a Budget Baseline Beyond FY2018.
8 CBO, “Baseline Projections for Selected Programs,” April 2018, https://www.cbo.gov/about/products/baseline-
projections-selected-programs, and at the title level in the table notes in CBO, “Cost Estimates for H.R. 2 as passed by
the House of Representatives and as passed by the Senate,” July 24, 2018, https://www.cbo.gov/publication/54284.
9 Although the farm bill is a five-year authorization (the 2018 farm bill covers FY2019-FY2023), budget rules required
it to be measured over a 10-year budget window. During legislative development, the farm bill may have been
presented more in terms of its effect over the 10-year budget window than the intended five-year duration of the law.
Separately, statements about the total cost of the farm bill may be in terms of its five-year outlays (i.e., projected
spending over the five-year life of the farm bill). Both lengths of time are appropriate measures depending on one’s
perspective.
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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

Figure 1. Projected Outlays Under the Agriculture Improvement Act of 2018, by
Title
(Five-year projected mandatory outlays at enactment, billions of dollars, FY2019-FY2023)

Source: CRS. Compiled from CBO, “Baseline Projections,” April 2018, at the title level as shown in “Cost
Estimates for H.R. 2, July 24, 2018; and CBO cost estimate of the conference agreement, December 11, 2018.
Figure 2. Projected Agriculture Outlays in the Agriculture Improvement Act of 2018
(Five-year projected mandatory outlays at enactment, billions of dollars, FY2019-FY2023)

Source: CRS, using CBO Baseline for USDA Mandatory Farm Programs, April 2018; at the title level as shown
in “Cost Estimates for H.R. 2, July 24, 2018;” and CBO cost estimate of the conference agreement, December
11, 2018.
Notes: PLC = Price Loss Coverage, ARC = Agricultural Risk Coverage, LDP = Loan Deficiency Payments, EQIP
= Environmental Quality Incentives Program, CRP = Conservation Reserve Program, CSP = Conservation
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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

Stewardship Program, ACEP = Agricultural Conservation Easement Program, RCPP = Regional Conservation
Partnership Program, FFP = Food for Progress, NAP = Noninsured Crop Disaster Assistance Program.
Table 3. Budget for a 2018 Farm Bill: Baseline, Scores, and Outlays, by Title
(outlays in millions of dollars, 5- and 10-year totals)

5 years (FY2019-FY2023)
10 years (FY2019-FY2028)
April 2018
Score of
Projected
Score of
Projected
CBO
P.L. 115-
outlays at
April 2018
P.L. 115-
outlays at
Farm Bill Titles
baseline
334
enactment
baseline
334
enactment
Commodities
31,340
+101
31,440
61,151
+263
61,414
Conservation
28,715
+555
29,270
59,754
-6
59,748
Trade
1,809
+235
2,044
3,624
+470
4,094
Nutrition
325,922
+98
326,020
663,828
+0
663,828
Credit
-2,205
+0
-2,205
-4,558
+0
-4,558
Rural Development
98
-530
-432
168
-2,530
-2,362
Research
329
+365
694
604
+615
1,219
Forestry
5
+0
5
10
+0
10
Energy
362
+109
471
612
+125
737
Horticulture
772
+250
1,022
1,547
+500
2,047
Crop Insurance
38,057
-47
38,010
78,037
-104
77,933
Miscellaneous
1,259
+685
1,944
2,423
+738
3,161
Subtotal
426,462
+1,820
428,282
867,200
+70
867,270
- Increase revenue
-
+35
35
-
+70
70
Total
426,462
+1,785
428,247
867,200
+0
867,200
Source: CRS. Compiled from CBO, “Baseline Projections,” April 2018, https://www.cbo.gov/about/products/
baseline-projections-selected-programs, and at the title level in the table notes in CBO, “Cost Estimates for H.R.
2,” https://www.cbo.gov/publication/54284, July 24, 2018; and CBO cost estimate of the conference agreement
for H.R. 2, https://www.cbo.gov/publication/54880, December 11, 2018.
Note: Baseline for the Credit title is negative because of receipts to the Farm Credit System Insurance Fund.
Baseline in Rural Development for the “cushion of credit” account exists elsewhere in the government. Funding
for the Noninsured Crop Disaster Assistance Program was in the Miscellaneous title in the April 2018 baseline,
where it remains for this table.
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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

Figure 3. CBO Scores of the House, Senate, and Enacted 2018 Farm Bills, by Title
(projected change in 10-year mandatory outlays relative to baseline, FY2019-FY2028)

Source: CRS, using the CBO cost estimates for H.R. 2 as passed by the House of Representatives and the
amendment to H.R. 2 as passed by the Senate, https://www.cbo.gov/publication/54284, July 24, 2018; and CBO
cost estimate of the conference agreement for H.R. 2, https://www.cbo.gov/publication/54880, December 11,
2018.
Note: Does not show amounts less than $50 mil ion.
Score
When a new bill is proposed that would affect mandatory spending, CBO estimates the score
(cost impact) in relation to the baseline. Changes that increase spending relative to the baseline
have a positive score; those that decrease spending relative to the baseline have a negative score.
Budget enforcement rules use these baselines and scores to follow “PayGo” and other budget
rules (that in part may require no increase to the federal deficit).10 The score (change) of the
enacted 2018 farm bill is shown by title in the second and fifth columns in Table 3.
Figure 3 shows the title-level scores that are made by the enacted 2018 farm bill and the House
and Senate bills that preceded the conference agreement. Table 4 contains the more detailed
section-by-section CBO score of the enacted 2018 farm bill.
• Relative to the baseline, the overall score of the 2018 farm bill is budget neutral
over a 10-year period. The farm bill increases spending in the first five years by

10 For example, CRS Report RL31943, Budget Enforcement Procedures: The Senate Pay-As-You-Go (PAYGO) Rule.
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$1.8 billion (Table 3).11 The House-passed bill would have decreased 10-year
outlays by $1.8 billion; the Senate-passed bill was budget neutral (Figure 3).12
• Scores of separate titles show both increases and decreases. Generally, the
enacted farm bill follows the score of the Senate bill more closely than the House
bill (Figure 3). In the enacted law, most of the reductions are from changes in the
Rural Development title. Six titles have increased outlays over the 10-year
period, including farm Commodities, Trade, Research, Energy, Horticulture, and
Miscellaneous. The Conservation and Nutrition titles have increases over the first
five years but are budget neutral over the 10-year period (Table 3).
• Within some titles, the net score may be a combination of increases and decreases
across provisions. This is particularly notable in the Conservation title, which
reallocates spending across programs more than in other titles (Table 4).
For several of the “programs without baseline” from the 2014 farm bill,13 the 2018 farm bill
provides continuing funding and, in some cases, permanent baseline. Twenty-three of the 39 such
programs received continued mandatory funding in the 2018 farm bill (see footnotes in Table 4).
• Fourteen of the programs without baseline received mandatory funding during
FY2019-FY2023 but no baseline beyond the end of the farm bill.
• Nine of the programs without baseline received mandatory funding and
permanent baseline beyond the end of the farm bill. Three of these programs
were combined with six others into six provisions in the 2018 farm bill.
• In addition, five provisions in the 2018 farm bill created new programs without
baseline for the next farm bill.
Projected Outlays at Enactment
When a new law is passed, the projected cost at enactment equals the baseline plus the score
(the third and sixth columns of Table 3). This sum becomes the foundation of the new law and
may be compared to future CBO baselines as an indicator of how actual costs transpire as the law
is implemented and market conditions change.
As presented above, Figure 1 illustrates the projected outlays at enactment for the life of
the 2018 farm bill (FY2019-FY2023). Figure 2 shows program-level detail for
agriculture-specific programs, particularly the Farm Commodity and Conservation titles.
Most of $428 billion five-year total amount (76%) is in the Nutrition title for SNAP. The
remaining 24%, $102 billion of projected outlays, is for agricultural programs, mostly in
crop insurance (8.9%), farm commodity programs (7.3%), and conservation (6.8%).

11 CBO, “Cost Estimate of the Agriculture Improvement Act of 2018 (Conference Agreement on H.R. 2),”
https://www.cbo.gov/publication/54880, December 11, 2018.
12 CBO, “Cost Estimates for H.R. 2 as Passed by the House of Representatives and as Passed by the Senate,”
https://www.cbo.gov/publication/54284, July 24, 2018.
13 See CRS In Focus IF10780, Farm Bill Primer: Programs Without Baseline Beyond FY2018.
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Table 4. CBO Score of the Agriculture Improvement Act of 2018, as Enacted, by Section
(projected change in mandatory outlays relative to April 2018 baseline, millions of dollars)

Fiscal year
5 years
10 years
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2019-23
2019-28

Title I—Commodities
Dairy Risk Management Payments
-19
-15
-26
-11
-15
+20
-39
-49
-39
-64
-86
-257
ARC-Countya
+0
+0
-24
-28
-28
-20
-23
-20
-22
-20
-81
-186
Repeal Dairy Product Donation Program
-5
-5
-6
-6
-6
-5
-6
-6
-5
-5
-28
-54
ARC-Individuala
+0
+0
-1
-1
-1
-1
-1
-1
-1
-1
-2
-5
Tree Assistance Program
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0
+2
+4
Cattle Tick Fever Inspections
+1
+1
+1
+1
+1
+1
+1
+1
+1
+1
+4
+7
Administrative Units for Large Counties
+0
+0
+1
+1
+1
+1
+1
+1
+1
+1
+3
+7
Livestock Indemnity Payments
+1
+1
+1
+1
+1
+1
+1
+1
+1
+1
+4
+8
Modified Sugar Loan Rates
+0
+0
+0
+0
+0
+1
+1
+2
+2
+3
+1
+9
Payment Limitations for Supplemental Disaster
+2
+1
+1
+1
+1
+1
+1
+1
+1
+1
+8
+15
Implementationb
+15
+1
+0
+0
+0
+0
+0
+0
+0
+0
+16
+16
Payment Limitations—Family Definition
+4
+4
+4
+4
+4
+4
+4
+4
+4
+4
+20
+40
Milk Donation Program
+9
+5
+5
+5
+5
+5
+5
+5
+5
+5
+29
+54
Margin Protection Premium Refund Credit 75%
+58
+0
+0
+0
+0
+0
+0
+0
+0
+0
+58
+58
Dairy Risk Management, Livestock Gross Margin
+1
+10
+13
+14
+14
+13
+14
+14
+16
+14
+52
+123
Modified Marketing Assistance Loan Ratesa
+0
+27
+22
+16
+16
+13
+12
+10
+10
+10
+81
+136
PLCa
+0
+0
-65
+23
+38
+26
+26
+26
+36
+28
-4
+137
Annual ARC/PLC Enrol menta
+0
+0
+0
+0
+25
+25
+26
+26
+25
+26
+25
+153
Subtotal, Title I
+67
+30
-74
+21
+57
+84
+24
+16
+36
+2
+101
+263
CRS-9

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Fiscal year
5 years
10 years
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2019-23
2019-28

Title II—Conservation

Conservation Stewardship Program
-25
-358
-796
-1,103
-1,387
-1,562
-1,768
-1,810
-1,808
-1,808
-3,669
-12,426
Conservation Reserve Program
+38
-52
-110
-80
+15
+119
+33
+37
-0
+1
-189
-0
Grassroots Source Water Protection Programb
+2
+2
+1
+0
+0
+0
+0
+0
+0
+0
+5
+5
Voluntary Public Access and Habitat Incentiveb
+10
+10
+10
+10
+10
+0
+0
+0
+0
+0
+50
+50
Feral Swine Eradication and Control Pilotc
+15
+25
+20
+10
+5
+0
+0
+0
+0
+0
+75
+75
Watershed Rehabilitation/Operationsd
+2
+8
+19
+29
+37
+42
+45
+45
+45
+45
+95
+317
Regional Conservation Partnership Program
+80
+141
+157
+174
+191
+200
+200
+200
+200
+200
+742
+1,742
Agricultural Conservation Easement Program
+73
+151
+177
+187
+198
+197
+198
+199
+199
+200
+786
+1,779
EQIP and CSP
+170
+356
+539
+692
+903
+1,019
+1,100
+1,184
+1,233
+1,257
+2,660
+8,451
Subtotal, Title II
+365
+283
+17
-81
-29
+15
-192
-146
-131
-106
+555
-6

Title III—Trade
Agricultural Trade Promotion and Facilitationd
+47
+47
+47
+47
+47
+47
+47
+47
+47
+47
+235
+470
Subtotal, Title III
+47
+47
+47
+47
+47
+47
+47
+47
+47
+47
+235
+470

Title IV—Nutrition
Interstate Data Matching Multiple Issuances
+0
-6
-25
-40
-60
-75
-90
-90
-95
-95
-131
-576
Quality Control Improvements
-48
-48
-48
-48
-48
-48
-48
-48
-48
-48
-240
-480
Assistance for Community Food Projects
-4
-4
-4
-4
-4
-4
-4
-4
-4
-4
-20
-40
Child Support Enforcement Cooperation
+1
+3
+1
+1
+0
+0
+0
+0
+0
+0
+5
+5
Food Distribution on Indian Reservations
+0
+3
+3
+4
+4
+4
+4
+4
+4
+4
+14
+34
Longitudinal Data for Research
+0
+11
+11
+1
+3
+5
+5
+5
+5
+5
+26
+51
Improvements to EBT System
+0
+3
+8
+14
+21
+15
+8
+1
+2
+2
+46
+74
Simplified Homeless Housing Costs
+3
+8
+8
+8
+8
+8
+8
+8
+8
+8
+35
+75
CRS-10

link to page 18 link to page 18 link to page 18 link to page 18 link to page 18 link to page 18 link to page 18 link to page 18 link to page 18

Fiscal year
5 years
10 years
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2019-23
2019-28

Emergency Food Assistance Program
+12
+24
+23
+23
+23
+19
+20
+20
+21
+21
+105
+206
Employment and Training for SNAP
+19
+24
+24
+24
+24
+24
+24
+24
+24
+24
+115
+234
Schumacher Nutrition Incentive Programd
+6
+16
+28
+43
+50
+52
+54
+56
+56
+56
+143
+417
Subtotal, Title IV
-12
+33
+29
+26
+21
-0
-19
-24
-27
-27
+98
+0
Title V—Credit
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0

Title VI—Rural Development
Reduction in Interest to Cushion of Credit
-50
-150
-350
-380
-400
-400
-400
-400
-400
-400
-1,330
-3,330
Modify Loans Under Rural Electrification
+800
+0
+0
+0
+0
+0
+0
+0
+0
+0
+800
+800
Subtotal, Title VI
+750
-150
-350
-380
-400
-400
-400
-400
-400
-400
-530
-2,530
Title VII—Research and Extension

Emerging Agricultural Production Researchc
+2
+2
+2
+2
+2
+0
+0
+0
+0
+0
+10
+10
Scholarships for Students at 1890 Institutionsc
+0
+10
+10
+10
+10
+0
+0
+0
+0
+0
+40
+40
Foundation for Food and Agriculture Researchb
+0
+185
+0
+0
+0
+0
+0
+0
+0
+0
+185
+185
Organic Agriculture Research and Extensiond
+17
+19
+23
+29
+43
+50
+50
+50
+50
+50
+130
+380
Subtotal, Title VII
+19
+216
+35
+41
+55
+50
+50
+50
+50
+50
+365
+615
Title VIII—Forestry
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0

Title IX—Energy
Biobased Market Programb
+2
+3
+3
+3
+3
+1
+0
+0
+0
+0
+14
+15
Bioenergy Program for Advanced Biofuelsb
+2
+4
+5
+7
+7
+5
+3
+2
+0
+0
+25
+35
Biorefinery Assistanceb
+0
+10
+20
+23
+18
+5
+0
+0
+0
+0
+70
+75
Subtotal, Title IX
+4
+17
+28
+32
+28
+11
+3
+2
+0
+0
+109
+125

Title X—Horticulture
Multiple Crop and Pesticide Use Surveyc
+0
+0
+0
+0
+0
+0
+0
+0
+0
+0
+1
+1
CRS-11

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Fiscal year
5 years
10 years
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2019-23
2019-28

Organic Production and Market Data Initiativesb
+1
+1
+1
+1
+1
+0
+0
+0
+0
+0
+5
+5
Organic Certification/Trade Tracking and Datab
+1
+1
+1
+1
+1
+0
+0
+0
+0
+0
+5
+5
National Organic Certification Cost Shareb
+0
+0
+8
+8
+8
+0
+0
+0
+0
+0
+24
+24
Local Agriculture Market Programd
+28
+38
+50
+50
+50
+50
+50
+50
+50
+50
+215
+465
Subtotal, Title X
+30
+40
+60
+60
+60
+50
+50
+50
+50
+50
+250
+500

Title XI—Crop Insurance
Increase CAT Coverage Administrative Fee
-1
-12
-14
-14
-14
-14
-14
-14
-14
-14
-55
-125
Funding for Research and Development
-0
-4
-5
-5
-5
-5
-5
-5
-5
-5
-18
-40
Enterprise Units Across County Lines
-0
-3
-3
-3
-3
-3
-3
-3
-3
-3
-12
-27
Program Administration
-0
-2
-2
-2
-2
-2
-2
-2
-2
-2
-8
-18
Crop Production on Native Sod
-0
-0
-1
-1
-1
-1
-1
-1
-1
-1
-2
-4
Submission of Policies and Materials to Board
+0
+0
+1
+1
+1
+1
+1
+1
+1
+1
+3
+8
Research and Development Authority
+0
+1
+2
+2
+2
+2
+2
+2
+2
+2
+6
+13
Treatment of Forage and Grazing
+1
+9
+10
+10
+10
+10
+10
+10
+10
+10
+40
+90
Subtotal, Title XI
-1
-10
-12
-12
-12
-12
-12
-12
-12
-11
-47
-104

Title XII—Miscellaneous
Extension of Merchandise Processing Fee
+0
+0
+0
+0
+0
+0
+0
+0
-371
+0
+0
-371
Sheep Production and Marketing Grantsb
+1
+1
+0
+0
+0
+0
+0
+0
+0
+0
+2
+2
Wool Research and Promotionb
+0
+2
+2
+2
+2
+0
+0
+0
+0
+0
+9
+10
National Oilheat Research Alliance
+7
+7
+7
+7
+7
+7
+7
+7
+7
+7
+35
+70
Pima Agriculture Cotton Trust Fundb
+16
+16
+16
+16
+16
+0
+0
+0
+0
+0
+80
+80
Wool Apparel Manufacturers Trust Fundb
+0
+30
+30
+30
+30
+0
+0
+0
+0
+0
+120
+120
Emergency Citrus Trust Fundc
+25
+25
+25
+25
+25
+0
+0
+0
+0
+0
+125
+125
CRS-12

link to page 18

Fiscal year
5 years
10 years
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2019-23
2019-28

Animal Disease Prevention and Management
+60
+48
+6
+6
+29
+30
+30
+30
+30
+30
+149
+299
Farming Opportunities Training and Outreachd
+27
+30
+33
+35
+41
+45
+48
+48
+49
+50
+166
+404
Subtotal, Title XII
+136
+159
+119
+122
+149
+82
+85
+85
-285
+87
+685
+738
Total Changes in Direct Spending
+1,406
+664
-101
-124
-25
-73
-365
-333
-672
-307
+1,820
+70
Increases in Revenue: Title XII—Oilheat
+7
+7
+7
+7
+7
+7
+7
+7
+7
+7
+35
+70
Net Effect on the Deficit
+1,399
+657
-108
-131
-32
-80
-372
-340
-679
-314
+1,785
-0
Source: CRS, sorted within titles using the CBO cost estimate of the conference agreement for H.R. 2, https://www.cbo.gov/publication/54880, December 11, 2018.
Notes: + denotes additional spending or, in the case of revenue, additional revenue. – denotes reduced spending.
a. The scoring effect is delayed because the farm commodity programs operate by “crop year” (when the crop is harvested), and some payments are delayed by
statute into a later fiscal year. For example, ARC and PLC payments for the 2019 crop year (the first covered by the 2018 farm bil ) do not occur by statute until
FY2021. Payments under the marketing loan program are delayed generally by one fiscal year.
b. Denotes a 2014 farm bil “program without baseline” that received new funding in the 2018 farm bil over FY2019-2023 but not permanent baseline. (The complete
list of programs without baseline prior to the farm bil is identified in CRS Report R44758, Farm Bill Programs Without a Budget Baseline Beyond FY2018.)
c. Denotes a new “program without baseline” created in the 2018 farm bil .
d. Denotes a 2014 farm bil “program without baseline” that received new funding in the 2018 farm bil over FY2019-2028 and permanent baseline. The six provisions
noted here cover nine programs from the list of programs without baseline because of consolidation within (1) trade programs; (2) farmers market, local food, and
rural entrepreneurship programs; and (3) beginning farmer and outreach programs.

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link to page 38 link to page 38 The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

Title-by-Title Summaries
Commodities14
Title I of the 2018 farm bill authorize support programs for dairy, sugar, and covered
commodities—including major grain, oilseed, and pulse crops—as well as agricultural disaster
assistance. Major field-crop programs include the Price Loss Coverage (PLC) and Agricultural
Risk Coverage (ARC) programs and the Marketing Assistance Loan (MAL) program (see Table
5). The dairy program involves protecting a portion of the margin between milk and feed prices.
The sugar program provides a combination of price support, limits on imports, and
processor/refiner marketing allotments. Four disaster assistance programs that focus primarily on
livestock and tree crops were permanently authorized in the 2014 farm bill. These disaster
assistance programs provide federal assistance to help farmers recover financially from natural
disasters, including drought and floods. Title I also includes several administrative provisions that
suspend permanent farm law from 1938 and 1949 that would otherwise impose antiquated and
potentially disruptive price support programs; assign payment limits for individuals, joint
ventures or partnerships, and corporations; specify the adjusted gross income (AGI) threshold for
program payment eligibility; and identify other details regarding payment attribution and
eligibility.
The 2018 farm bill extends authority for most current commodity programs but with some
modifications to the ARC, PLC, and MAL programs; dairy; sugar; and agricultural disaster
assistance.
Under the 2014 farm bill, producers were allowed a one-time choice between ARC and PLC on a
commodity-by-commodity basis, with payments made on 85% of each commodity’s base acres
(i.e., historical program acres that are eligible for ARC and PLC payments). To increase producer
flexibility, the 2018 farm bill provides producers the option in 2019 of switching between ARC
and PLC coverage, on a commodity-by-commodity basis, effective for both 2019 and 2020.
Beginning in 2021, producers again have the option to switch between ARC and PLC but on an
annual basis for each of 2021, 2022, and 2023. Producers may remotely and electronically sign
annual contracts for ARC and PLC. Producers also have the option to sign a multi-year contract
for the ARC and PLC programs. If no initial choice is made, then the program defaults to
whichever program was in effect under the 2014 farm bill. Base acres that have not been planted
to a commodity eligible to participate in these programs during the 2009-2017 period are not
eligible to receive ARC and PLC payments under the 2018 farm bill. However, as a concession to
the affected farms, these base acres may be enrolled in the Conservation Stewardship Program
(CSP) for five years at an annual program payment rate of $18 per acre.
Two changes to the PLC program include the option for producers to update their program yields
(used in the PLC payment formula) based on 90% of the average yield for 2013-2017, using a
yield plug of 75% of the county average for each year where the farm program yield is less,
excluding any years with zero yields, and adjusting downward for any national trend yield
growth. In addition, an escalator provision was added that could potentially raise a covered
commodity’s effective reference price (used to determine the PLC per-unit payment rate) by as

14 This section was written by Randy Schnepf (farm commodity support) and Mark McMinimy (sugar), Specialists in
Agricultural Policy; Joel Greene (dairy), Analyst in Agricultural Policy; and Megan Stubbs (disaster assistance),
Specialist in Agricultural Conservation and Natural Resources Policy.
Congressional Research Service

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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

much as 115% of the statutory PLC reference price based on 85% of the five-year Olympic
average15 of farm prices.
The 2018 farm bill also specifies several changes to the ARC program. Under the 2014 farm bill,
USDA’s National Agricultural Statistics Service (NASS) data for county average yields was used
for calculating both ARC benchmark and actual revenues. Under the 2018 farm bill, data from
USDA’s Risk Management Agency (RMA) will be the primary source for county average yield
data. Where RMA data is not available, USDA will determine the data source considering data
from NASS or the yield history of representative farms in the state, region, or crop-reporting
district. This data reprioritization is intended to improve the integrity of the ARC program and
avoid the disparity in ARC payments that some neighboring counties experienced in recent years.
Also, up to 25 counties nationwide that meet certain criteria—larger than 1,400 square miles and
with more than 190,000 base acres—may subdivide for purposes of calculating the ARC
benchmark and actual revenue. This change is expected to allow ARC calculations to better
reflect significant yield deviations within a county. Also, ARC will use a trend-adjusted yield, as
is done by RMA for the federal crop insurance program. This has the potential to raise ARC
revenue guarantees for producers. Finally, the five-year Olympic average county yield
calculations will increase the yield floor (substituted into the formula for each year where the
actual county yield is lower) to 80%, up from 70%, of the transitional county yield.16 This yield
calculation is used to calculate the ARC benchmark county revenue guarantee.
Marketing assistance loan rates are increased for several program crops, including barley, corn,
grain sorghum, oats, extra-long-staple cotton, rice, soybeans, dry peas, lentils, and small and large
chickpeas. Commodities excluded from the loan rate increase are upland cotton, peanuts, minor
oilseeds, nongraded wool, mohair, and honey. Marketing assistance loan rates are used to
establish the maximum payment under PLC. Thus, raising the loan rate for a commodity lowers
its potential PLC program payment rate.
No changes were made to the “actively engaged in farming” criteria used to determine whether an
individual is eligible for farm program payments. With respect to payment limits and the AGI
limit, the 2018 farm bill leaves both the payment limit of $125,000 per individual ($250,000 per
married couple) and the AGI limit of $900,000 unchanged, but it modifies the eligibility criteria
for commodity program payment eligibility. However, MAL program benefits are exempted from
inclusion under payment limits. Thus, payment limits apply only to combined ARC and PLC
payments. Also, the definition of family farm is expanded to include first cousins, nieces, and
nephews, thus increasing the potential pool of individuals eligible for individual payment limits
on family farming operations.
The enacted bill also amends the permanent agricultural disaster assistance programs. The law
expands payments for livestock losses caused by disease and for losses of unweaned livestock
that occur before vaccination. The law also expands the definition of eligible producer to include
Indian tribes or tribal organizations and increases replanting and rehabilitation payment rates for
beginning and veteran orchardists. The law amends the limits on payments received under select
disaster assistance programs—of the four disaster assistance programs, only the Livestock Forage
Program (LFP) is now subject to the $125,000/person payment limit. The AGI requirements are
left unchanged.

15 The Olympic average excludes the high- and low-price years from calculation of the average.
16 RMA uses transitional yields (or T-Yields) in the operation of the federal crop insurance program whenever a
producer does not have at least four consecutive years of records on crop yields. They are based on the 10-year
historical county average. A producer is assigned a portion of the T-Yield based on the amount of available data.
Congressional Research Service

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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

The Noninsured Crop Disaster Assistance Program (NAP) is also amended. The enacted bill
amends crop eligibility to include crops that may be covered by select forms of crop insurance but
only under whole farm plans or weather index policies. It also amends the payment calculation to
consider the producer’s share of the crop, raises the service fees and creates separate payment
limits for catastrophic ($125,000/person) and buy-up ($300,000/person) coverage. The law makes
buy-up coverage permanent, and adds data collection and program coordination requirements.
The 2018 farm bill significantly revises the Margin Protection Program (MPP) for milk producers
that was established in the 2014 farm bill. The new dairy program—Dairy Margin Coverage
(DMC)—provides lower producer-paid premium rates for milk coverage of 5 million pounds or
less (Tier I), adds margin coverage at higher levels of coverage, and allows producers to cover a
larger quantity of milk production. DMC is authorized through December 31, 2023.
The DMC program will pay participating dairy producers the difference (when positive) between
a producer-selected margin and the national milk margin (calculated as the all-milk price minus
an average feed cost ration). The feed ration formula is unchanged from MPP. For a $100
administrative fee, participating dairy producers are automatically covered at the $4.00 per
hundredweight (cwt) margin level. Producers may buy additional margin coverage from
$4.50/cwt to $9.50/cwt on the first 5 million pounds of production, compared with $5.50/cwt to
$8.00/cwt under MPP. Also, producers may now cover from 5% to 95% of their production
history, compared with 25% to 90% under MPP.
Under DMC, premiums for Tier I coverage above $4.00/cwt are significantly reduced from MPP
to incentivize dairy producers to buy higher levels of margin coverage. For example, under MPP,
an $8.00 margin cost $0.142/cwt, but under DMC, the cost is $0.10/cwt. The premiums for the
newly available coverage for margins of $8.50, $9.00, and $9.50 are established at $0.105/cwt,
$0.11/cwt, and $0.15/cwt, respectively. For production of over 5 million pounds (Tier II
coverage), the premium rates for $4.50 and $5.00 margins are also reduced compared with MPP,
but margin coverage is only available up to $8.00, and the premium rates are generally higher
than under MPP.
Another change under the 2018 farm bill is that dairy producers will receive a 25% discount on
premiums if they select and lock in their margin and production coverage levels for the entire five
years of the DMC program. Otherwise, producers may continue to select coverage levels
annually. Also under DMC, dairy producers may apply for repayment of the premiums, less any
payments received, that were paid under MPP during 2014-2017. If dairy producers opt to apply
repayments to future DMC premiums, they are to receive credit for 75% of the eligible
repayment. Otherwise, they may opt for a direct cash payment of 50% of the eligible repayment.
Unlike MPP, the DMC program allows dairy producers to participate in both margin coverage
and the Livestock Gross Margin-Dairy (LGM-D) insurance program that insures the margin
between feed costs and a designated milk price. In addition, producers who were excluded from
participating in MPP in 2018 because their milk production was enrolled in LGM-D may
retroactively participate in MPP.
The 2018 farm bill reauthorizes the Dairy Forward Pricing Program, the Dairy Indemnity
Program, and the Dairy Promotion and Research Program through FY2023. The act repeals the
Dairy Product Donation Program enacted in the 2014 farm bill. It also establishes a milk donation
program designed to simplify donations of fluid milk that producers, processors, and cooperatives
make to food banks and feeding organizations. The donation program is funded at $9 million for
FY2019 and $5 million in each following fiscal years. Also, the act amends the formula for the
Class I skim milk price used for calculating the Class I price under Federal Milk Marketing
Orders.
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link to page 94 The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

The farm bill requires USDA to conduct studies on whether the national feed cost ration is
representative of actual feed costs used in the margin calculation and on the cost of corn silage
versus the feed cost of corn, and it directs USDA to report alfalfa hay prices in the top five milk-
producing states.
Conservation17
USDA administers a number of agricultural conservation programs that assist private landowners
with natural resource concerns. These can be broadly grouped into working lands programs, land
retirement and easement programs, watershed programs, emergency programs, technical
assistance, and other programs. The enacted bill amends portions of programs in all of these
categories (see Table 6). However, the general focus of the enacted 2018 farm bill is on the larger
working lands, land retirement, and easement programs. All major conservation programs were
reauthorized with varying degrees of amendments.
Farm bill conservation programs are authorized to receive mandatory funding through the
Commodity Credit Corporations (CCC). Generally, the law reallocates mandatory funding within
the title among the larger programs and pays for increases in the short term with reductions in the
long term. CBO projects that the enacted bill would increase funding for conservation by $555
million in the short term (FY2019-FY2023) and reduce funding by $6 million in the long term
(FY2019-FY2028).
Working Lands Programs
In general, working lands programs provide technical and financial assistance to help farmers
improve land management practices. The two largest working lands programs—Environmental
Quality Incentives Program (EQIP) and CSP—account for more than half of all conservation
program funding. Total funding for both programs is reduced under the enacted bill, compared
with prior law, but in different ways and to different degrees.
CSP provides financial and technical assistance to producers to maintain and improve existing
conservation systems and to adopt additional conservation activities in a comprehensive manner
on a producer’s entire operation. The House bill would have repealed CSP and created a
stewardship contract within EQIP, whereas the Senate bill would have reauthorized CSP and
reduce program enrollment. The enacted bill creates a mix of both the House and Senate
proposals with amendments. The law reauthorizes CSP but amends how the program limits future
enrollment. The program is shifted away from an acreage limitation under prior law (10 million
acres annually) to limits based on funding ($700 million in FY2019 increasing to $1 billion in
FY2023), a reduction from prior law. The savings from limiting CSP in this manner are
redistributed to EQIP and other farm bill conservation programs within the title. The enacted bill
also amends CSP’s ranking criteria; contract renewal requirements; payments for cover crops,
grazing management, and comprehensive conservation plan development; and organic
certification allocations. A new grassland conservation initiative is also added to CSP.
EQIP is reauthorized and expanded in the enacted bill. EQIP provides financial and technical
assistance to producers and land owners to plan and install structural, vegetative, and land
management practices on eligible lands to alleviate natural resource problems. The enacted bill
increases EQIP funding in annual increments from $1.75 billion in FY2019 to $2.025 billion in
FY2023. A number of amendments to EQIP focus on water quality and quantity-related practices,
soil health improvement, and wildlife habitat improvement. The bill reduces the allocation for

17 This section was written by Megan Stubbs, Specialist in Agricultural Conservation and Natural Resources Policy.
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livestock-related practices from 60% to 50% and increases the allocation for wildlife-related
practices from 5% to 10%. Water conservation system payments are expanded to irrigation and
drainage entities with limitations. Conservation Innovation Grants, a subprogram under EQIP, is
expanded to include community colleges, on-farm innovation, and soil health trials.
Land Retirement and Easement Programs
Land retirement and easement programs provide federal payments to private agricultural
landowners for accepting permanent or long-term land-use restrictions. The largest land
retirement program—the Conservation Reserve Program (CRP)—is reauthorized and expanded
under the enacted 2018 farm bill. CRP provides annual rental payments to producers to replace
crops on highly erodible and environmentally sensitive land with long-term resource-conserving
plantings. Under the new law, annual CRP enrollment is increased incrementally from 24 million
acres in FY2019 to 27 million by FY2023. Within this limit, CRP is required to enroll up to 2
million acres in grasslands contracts and up to 8.6 million acres in continuous contracts. To offset
this increased enrollment level, the enacted bill reduces payments to participants, including cost-
share payments, annual rental payments, and incentive payments. Annual rental payments are
limited to 85% of the county average for general enrollment and 90% for continuous enrollment.
The enacted bill also makes a number of other changes that would further expand grazing and
commercial uses on CRP acres as well as transition options for new and limited resource
producers. Under CRP, new pilot programs are created, such as CLEAR 30 (Clean Lakes,
Estuaries, and Rivers and Soil Health and Income Protection Pilot), while existing subprograms
are reauthorized and codified (e.g., Conservation Reserve Enhancement Program and Farmable
Wetlands Program).
The Agricultural Conservation Easement Program (ACEP) is reauthorized and amended in the
2018 farm bill. ACEP provides financial and technical assistance through two types of easements:
(1) agricultural land easements that limit nonagricultural uses on productive farm or grasslands
and (2) wetland reserve easements that protect and restore wetlands. Most of the changes to
ACEP focus on the agricultural land easements in which USDA enters into partnership
agreements with eligible entities to purchase agricultural land easements from willing
landowners. Additional flexibilities are provided to ACEP-eligible entities, including amendments
to nonfederal cost share requirements, consideration of geographical differences, terms and
conditions of easements, and certification criteria of eligible entities. Several amendments reduce
the roll of USDA in the administration of ACEP agricultural land easements, including
amendments to the certification of eligible entities, the right of easement enforcement, and
planning requirements. Changes to wetland reserve easements center on compatible use and
vegetative cover requirements. The enacted bill increases overall funding from $250 million in
FY2018 to $450 million annually for FY2019-FY2023.
Other Conservation Programs
The new farm bill reauthorizes and amends the Regional Conservation Partnership Program
(RCPP) by shifting the program away from enrolling land through existing conservation
programs to a standalone program with separate contracts and agreements. The program is to
continue to enter into agreements with eligible partners, and these partners are to continue to
define the scope and location of the project, provide a portion of the project cost, and work with
eligible landowners to enroll in RCPP contracts. The scope of eligible activities under RCCP is
expanded to include activities that may be carried out under additional covered programs. RCPP
funding is increased to $300 million annually for FY2019-FY2023 from $100 million annually
under prior law. The enacted bill provides additional flexibilities to partners, including the
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makeup of a partner’s project contribution, guidance and reporting requirements, agreement
renewals, and the application process.
The enacted bill also includes amendments to conservation programs and provisions with
originating authorities outside of farm bill legislation, primarily various watershed and emergency
conservation programs. The law also requires reports be provided to Congress on natural
resources and on various pilot programs and trials.
Trade18
The trade title—Title III of the enacted 2018 farm bill—addresses statutes concerning U.S.
international food aid and agricultural export programs (see Table 7). Under the farm bill
authority, U.S. international food assistance is distributed through three main programs: (1) Food
for Peace (emergency and nonemergency food aid), (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). The largest of these, the Food for Peace
(FFP) program, receives about $1.5 billion in annual appropriations. Traditionally, these three
programs have relied on donated U.S. agricultural commodities as the basis 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 administers FFP, while the Foreign Agricultural Service of USDA administers the
other two programs.
The bill reauthorizes all international food aid programs as well as certain operational details such
as prepositioning of agricultural commodities and micronutrient fortification programs. P.L. 115-
334 also adds a provision requiring that food vouchers, cash transfers, and local and regional
procurement of non-U.S. foods avoid market disruption in the recipient country. Under prior law,
this requirement applied only to U.S. commodities. The enacted law amends FFP by eliminating
the requirement to monetize—sell on local markets to fund development projects—at least 15%
of FFP commodities. It also increases the minimum level of FFP funds allocated for
nonemergency assistance from $350 million to $365 million each year while maintaining the
maximum annual allocation of 30% of FFP funds.
P.L. 115-334 amends the McGovern-Dole program by authorizing up to 10% of annual
appropriated funds to be used to purchase food in the country or region where it will be
distributed. Prior law required all commodities provided under the program be produced in the
United States. The bill also extends authority for several related international programs, including
the Farmer-to-Farmer program, Bill Emerson Humanitarian Trust, and Global Crop Diversity
Trust, as well as two associated fellowship programs: Cochran Fellowships and Borlaug
Fellowships.
P.L. 115-334 consolidates the existing U.S. export promotion programs—the Market Access
Program (MAP), the Foreign Market Development Program (FMDP), the Emerging Markets
Program (EMP), and Technical Assistance for Specialty Crops (TASC)—into one section,
establishing permanent mandatory funding for those programs. It also establishes a Priority Trade
Fund, from which the Secretary can provide additional funding to the export promotion programs.
The programs are authorized to receive $255 million in annual mandatory CCC funds for
FY2019-FY2023. Of that money, not less than $200 million is to be spent on MAP, not less than
$34.5 million on FMDP, not more than $8 million on EMP, not more than $9 million on TASC,

18 This section was written by Randy Schnepf, Specialist in Agricultural Policy; Anita Regmi, Analyst in Agricultural
Policy; and Alyssa Casey, Analyst in Agricultural Policy.
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and $3.5 million on the Priority Trade Fund. While the MAP and FMDP funding reflects 2014
farm bill funding levels for those programs, EMP and TASC are each authorized at $1 million less
than in the 2014 farm bill. Another change is that MAP and FMDP funds can now also be spent
on authorized programs in Cuba.
The law also reauthorizes direct credits or export credit guarantees for the promotion of
agricultural exports to emerging markets of not less than $1 billion in each fiscal year through
2023. Further, the new law authorizes the appropriation of up to $2 million annually through 2023
to assist with the removal of nontariff and other trade barriers to U.S. agricultural products
produced with biotechnology and other agricultural technologies. And the law adds a requirement
that USDA facilitate the inclusion of more tribal food and agricultural products in federal trade-
related activities and international trade missions.
Nutrition19
The enacted farm bill’s Nutrition title amends a variety of aspects of SNAP and related nutrition
assistance programs (see Table 8). While the enacted provisions incorporate some of the SNAP
policies included in the House- and/or Senate-passed bills, the Nutrition title does not include the
House-passed bill’s expansion of work requirements and SNAP employment and training (E&T)
programs. The law reauthorizes SNAP and related programs for five years through the end of
FY2023. CBO estimates the Nutrition title’s impact on direct spending (in outlays) is cost-neutral
over the 10-year period (FY2019-FY2028). While certain policies are estimated to increase
spending by approximately $1.1 billion, all others total to an estimated decrease in spending by
approximately $1.1 billion.
SNAP Eligibility and Benefit Calculation. The enacted 2018 farm bill’s Nutrition title largely
maintains current SNAP eligibility and benefit calculation rules. After debate over work
requirements for SNAP, the enacted conference report maintains both the existing general work
requirements and the time limit for nondisabled adults without dependents to receive SNAP, with
a few amendments
• While prior law allowed states to exempt up to 15% of those subject to the time
limit from the time limit, the 2018 farm bill reduces such exemptions to 12%.
• The conference report expands the SNAP E&T activities that a state may provide
and emphasizes supervised job search over unsupervised job search programs.
• The new law increases one stream of mandatory E&T funding by approximately
$14 million and prioritizes specified E&T activities for receiving any reallocated
funding.
On benefit calculation, the new law requires states to conduct a simplified calculation for
homeless households and also requires certain updates or studies of certain aspects of benefit
calculation. Among other eligibility-related provisions that were not adopted, the House-passed
bill would have limited categorical eligibility while amending asset limits, limited how utilities
may have been calculated in benefit calculation, expanded work requirements to include
individuals 50-59 years old and individuals with children over the age of six, made it more
difficult for states to qualify for waivers from work requirements, and increased the earned
income deduction. (Table 8 expands upon the eligibility and benefit calculation differences
between the bills.)

19 This section was written by Randy Alison Aussenberg, Specialist in Nutrition Assistance Policy; and Kara Clifford
Billings, Analyst in Social Policy.
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SNAP fraud, errors, and related state administration. The enacted 2018 farm bill includes
policies intended to reduce errors and fraud in SNAP. The enacted farm bill establishes a
nationwide National Accuracy Clearinghouse to identify concurrent enrollment in multiple states
and requires state action on information that could change benefit amounts. It increases USDA’s
oversight of state systems and the quality control system. The enacted bill also repeals funding for
state performance awards.
Electronic Benefit Transfer (EBT) and retailers. The enacted Nutrition title contains policy
changes for SNAP’s EBT system and benefit redemption. It places limits on the fees EBT
processors may charge, shortens the time frame for storing and expunging unused benefits,
changes the authorization requirements for farmers’ market operators with multiple locations, and
requires USDA to conduct other specified retailer and EBT system oversight. The new law
requires the nationwide implementation of the online acceptance of SNAP benefits and authorizes
a pilot project to test SNAP recipients’ use of mobile technology to redeem their SNAP benefits.
Other SNAP-related grants. The enacted 2018 farm bill makes changes to other SNAP-related
funding (E&T, a type of SNAP-related grants, is discussed above). The enacted Nutrition title
reauthorizes the Food Insecurity Nutrition Incentive (FINI) grant program, renaming it the Gus
Schumacher FINI, and provides for evaluation, training, and technical assistance. As added by the
2014 farm bill, this program funds projects that incentivize participants to purchase fruits and
vegetables. The 2018 farm bill expands these SNAP incentive programs, increasing mandatory
funding, and, within FINI’s funding, establishes grants for produce prescription projects to serve
individuals eligible for SNAP or Medicaid in households with or at risk of developing a diet-
related health condition. The new law increases FINI funding by $417 million over 10 years.
In addition to FINI’s fruit and vegetable incentives or prescriptions, the Nutrition title also
includes policies—but not federal funding—for retailer incentive programs and authorizes, with
discretionary funding, pilot projects to focus on milk consumption. On nutrition education
(SNAP-Ed), the new law makes some policy changes, such as requiring an electronic reporting
system, but it does not change the program’s funding.
Food distribution programs. The Nutrition title reauthorizes and makes some policy changes to
the nutrition assistance programs that distribute USDA foods to low-income households. The law
includes changes to the Food Distribution Program on Indian Reservations, including requiring
the federal government to pay at least 80% of administrative costs and creating a demonstration
project for tribes to purchase their own commodities. The Nutrition title reauthorizes the
Commodity Supplemental Food Program and increases the length of certification periods.
The enacted bill also increases funding for The Emergency Food Assistance Program. CBO
estimates that the increases will amount to an additional $206 million over 10 years. Included in
this cost estimate is $4 million for each of FY2019-FY2023 for newly authorized projects to
facilitate the donation of raw/unprocessed commodities by agricultural producers, processors, and
distributors to emergency feeding organizations.
Other nutrition programs and policies. The enacted 2018 farm bill also continues the Senior
Farmers’ Market Nutrition Program and its mandatory funding. The enacted bill reduces funding
for the Community Food Projects competitive grant program, providing $5 million per year
instead of $9 million. Though generally the school meals programs are reauthorized outside of the
farm bill, the 2018 farm bill continues the $50 million set-aside for USDA’s fresh fruit and
vegetable purchases for schools and requires USDA to take certain actions to enforce school
meals’ Buy American requirements. The enacted bill also authorizes new programs and
discretionary funding for Public-Private Partnerships and Micro-Grants for Food Security.
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Credit20
The Credit title (Title V) of the 2018 farm bill reauthorizes and makes several changes to
provisions in the Consolidated Farm and Rural Development Act that governs the USDA farm
loan programs (7 U.S.C. §1921 et seq.). It also modifies the Farm Credit Act that governs the
Farm Credit System (12 U.S.C. §2001 et seq.) and reauthorizes the State Agricultural Loan
Mediation Program (7 U.S.C. §5101; see Table 9).
For the USDA farm loan programs, the 2018 farm bill adds specific criteria (e.g., coursework,
military service, mentoring) that the Secretary may use to reduce the requirement for three years
of farming experience in order for beginning farmers to qualify for loans. It also raises the
maximum loan size for guaranteed loans (both farm ownership and farm operating) to $1.75
million per borrower in 2019, adjusted for inflation thereafter, from a lower statutory base of
$700,000 established in 1996 ($1.4 million in 2018 after adjusting for inflation). For direct loans,
the new farm bill increases the farm ownership loan limit to $600,000 and the farm operating loan
limit to $400,000, both from $300,000 under prior law. For beginning and socially disadvantaged
farmers, it increases the percentage of loans that may be guaranteed to 95%, generally from 80%-
90%.
The State Agricultural Loan Mediation Program is reauthorized through FY2023, and the range of
issues covered by the program is expanded.
For the government-chartered cooperative Farm Credit System (FCS), the 2018 farm bill
eliminates obsolete references to outdated names and transition periods from the 1980s and
1990s. It clarifies that FCS entities may share privileged information with the Farm Credit
Administration (FCA) for regulatory purposes without altering the privileged status elsewhere,
and it expands FCA’s jurisdiction to hold accountable “institution-affiliated parties” (including
agents and independent contractors). It also repeals a compensation limit for FCS bank boards of
directors.
For the Federal Agricultural Mortgage Corporation (FarmerMac), the new farm bill increases the
acreage exception—subject to a study by FCA—from 1,000 acres to 2,000 acres for the dollar
limit to remain a qualified loan.
For the Farm Credit System Insurance Corporation (FCSIC), which insures repayment of certain
FCS debt obligations, the 2018 farm bill provides greater statutory guidance regarding the powers
and duties of the FCSIC when acting as a conservator or receiver of a troubled FCS institution
and the rights and duties of parties affected by an FCS institution being placed into a
conservatorship or receivership. These are largely modeled after provisions that apply to
depository institutions that are insured by the Federal Deposit Insurance Corporation.
The enacted 2018 farm bill also directs four studies about agricultural credit: (1) an annual FSA
report about its farm loan program that includes various performance characteristics,
demographics, and participation by beginning and socially disadvantaged farmers; (2) an FCA
study about the risks and capitalization of loans in the portfolios of FCS and FarmerMac and the
feasibility of increasing the acreage for FarmerMac qualified loans; (3) a Government
Accountability Office (GAO) study about credit availability for socially disadvantaged farmers;
and (4) a GAO study about the credit needs of Indian tribes and members of Indian tribes.

20 This section was written by Jim Monke, Specialist in Agricultural Policy, with assistance for the FCS Insurance
Corporation from Raj Gnanarajah, Analyst in Financial Economics, and David H. Carpenter, Legislative Attorney.
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Rural Development21
The Rural Development title of the enacted 2018 farm bill (P.L. 115-334) addresses rural
development policies including broadband deployment, opioid abuse and rural health, and
business and infrastructure development (see Table 10).
The law adds a new section to the Rural Development Act of 1972 authorizing the Secretary to
temporarily prioritize assistance under certain USDA Rural Development loan and grant
programs to respond to a public health emergency. P.L. 115-334 also directs the Secretary to
prioritize assistance under certain programs between FY2019 and FY2025 to combat substance
use disorder. It directs the Secretary to make available 20% of Distance Learning and
Telemedicine Program funds for telemedicine projects that provide substance use disorder
treatment services. It also gives priority for assistance under the Community Facilities Program
and Rural Health and Safety Education Program to entities providing substance use prevention,
treatment, and recovery services. The new law also allows loans or loan guarantees provided to a
community facility or rural entity to be used to refinance a rural hospital’s debt obligation.
P.L. 115-334 includes provisions that address access to broadband in rural communities. The law
amends the Rural Broadband Access Loan and Loan Guarantee Program to allow USDA to
provide grants, in addition to loans and loan guarantees, to fund broadband deployment projects.
It increases authorized appropriations for broadband projects from $25 million to $350 million
annually for FY2019-FY2023. Prior law established minimum acceptable levels of broadband
service for a rural area for the purposes of this program as 4 megabits per second (Mbps)
download and 1 Mbps upload. P.L. 115-334 increases these minimum acceptable levels to 25
Mbps download and 3 Mbps upload. The new law also reauthorizes the Rural Gigabit Network
Pilot Program established in the 2014 farm bill (P.L. 113-79) and renames the program
Broadband Innovative Advancement. It also codifies the Community Connect Grant Program and
authorizes discretionary funding for the program of $50 million annually for FY2019-FY2023.
The new law also establishes a Rural Broadband Integration Working Group to identify barriers
and opportunities for broadband deployment in rural areas.
The enacted 2018 farm bill directs the Northern Border Regional Commission to establish a new
State Capacity Building Grant Program to provide grants to support economic and infrastructure
development in commission states. P.L. 115-334 also establishes a Council on Rural Community
Innovation and Economic Development to enhance federal efforts to address the needs of rural
areas by creating working groups within the council to focus on job acceleration and integration
of smart technologies in rural communities and making recommendations to the Secretary of
Agriculture.
P.L. 115-334 reauthorizes the Rural Energy Savings Program and amends the program to allow
financing of off-grid and renewable energy and energy storage systems. It increases authorized
discretionary funding for the Emergency and Imminent Community Assistance Water Program
from $35 million per year to $50 million per year for FY2019-FY2023. It also decreases
authorized discretionary funding to capitalize revolving water and wastewater loan funds from
$30 million per year to $15 million per year for FY2019-FY2023.
P.L. 115-334 amends the definition of rural in the ConAct (P.L. 92-419) to exclude from
population-based criteria individuals incarcerated on a “long-term or regional basis” and to
exclude the first 1,500 individuals who reside in housing located on military bases. It also amends

21 This section was written by Alyssa Casey, Analyst in Agricultural Policy.
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the Housing Act of 1949 to allow any area defined as a rural area between 1990 and 2020 to
remain classified as such until receipt of the 2030 decennial census.
Among its other changes, the enacted 2018 farm bill establishes a new technical assistance and
training program to assist communities in accessing programs offered through the Rural
Business-Cooperative Service. In addition, it amends the Cushion of Credit Payments Program to
cease new deposits and modify the interest rate structure that borrowers receive. It also allows
borrowers to withdraw deposits from cushion of credit accounts to prepay loans under USDA’s
Rural Utilities Service without a prepayment penalty through FY2020. The new law amends the
Rural Economic Development Loan and Grant Program to authorize $10 million per year in
discretionary funding for FY2019-FY2023 and $5 million per year in mandatory funding for
FY2022-FY2023. The law also repeals several unfunded programs, including the Rural
Telephone Bank, the Rural Collaborative Investment Program, and the Delta Region Agricultural
Development Grants Program.
Research22
USDA is authorized under four major 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 (see Table 11). The enacted Agriculture Improvement Act of 2018 (P.L. 115-334,
Title VII) reauthorizes funding for these activities through FY2023 with either mandatory funding
or discretionary funding that is subject to annual appropriations.
Several new research areas in the High Priority Research and Extension program are designated
as high priorities: macadamia tree health, national turfgrass research, fertilizer management, cattle
fever ticks, and laying hen and turkey research. The law also reauthorizes the Organic Agriculture
Research and Extension Initiative (OREI) and increases mandatory funding levels to $30 million
annually for FY2019-FY2023. The Specialty Crop Research Initiative (SCRI) is reauthorized
through FY2023 and will continue to include carve-out funding for the Emergency Citrus Disease
Research and Extension Program. SCRI also expands program eligibility to include “size-
controlling rootstock systems for perennial crops” and “emerging and invasive species,” among
other production practices and technologies.
The enacted law provides new programs for the 1890 land-grant institutions and 1994 tribal
colleges of agriculture, authorizes new support for urban and indoor agricultural production,
authorizes new funding for industrial hemp research and development, and authorizes an
initiative supporting advanced agricultural research. Other provisions reauthorize and extend
national genetic resources programs, OREI, and SCRI. The research title also makes changes to
the Foundation for Food and Agriculture Research and reauthorizes several programs relating to
agricultural biosecurity.
The law creates a new scholarship program for students attending 1890 land-grant universities
(Historically Black Colleges and Universities). Authorized grants are for young African American
students who commit to pursuing a career in the food and agricultural sciences. Another provision
of the law also establishes at least three Centers of Excellence, each to be led by an 1890
institution. The centers are to concentrate research and extension activities in one or more defined
areas, including nutrition, wellness and health, farming systems and rural prosperity, global food
security and defense, natural resources, energy and the environment, and emerging technologies.
A similar program, New Beginnings for Tribal Students, is to offer competitive grants to 1994

22 This section was written by Tadlock Cowan, Analyst in Natural Resources and Rural Development.
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tribal agriculture colleges to support recruiting, tuition, experiential learning, student services,
counseling, and academic advising to increase the retention and graduation rates of tribal students
at 1994 land-grant colleges. Another provision will make 1994 tribal colleges that offer an
associate’s degree or a baccalaureate eligible to participate in McIntire-Stennis forestry research
support.
Several provisions authorize research and development funding for industrial hemp production.
Under the Critical Agricultural Materials Act, hemp will now be included as an industrial product
eligible for support. In amending and expanding a provision in the 2014 farm bill (Section 7606,
P.L. 113-79), the Secretary is directed to conduct a study of hemp production pilot programs to
determine the economic viability of domestic production and sale of hemp. A new provision
creates a “Hemp Production” subtitle under the Agricultural Marketing Act of 1946, expanding
the existing statutory definition of hemp and expanding eligibility to other producers and groups,
including tribes and territories. States or Indian tribes wanting primary regulatory authority over
hemp production will be required to implement a plan with specific requirements to further
monitor and regulate their production of hemp.
A provision of the research title creates new programs supporting advanced agricultural research
and urban, indoor, and emerging agricultural production systems. A new Agriculture Advanced
Research and Development Authority (AGARDA) is established as a component of the Office of
the Chief Scientist to examine the applicability for advanced research and development in food
and agriculture through a pilot program that targets long-term and high-risk research. Focal areas
include acceleration of novel, early-stage innovative agricultural research; prototype testing; and
licensing and product approval under the Plant Protection Act and the Animal Health Protection
Act, among other innovative research tools that might be used in the discovery, development, or
manufacture of a food or agricultural product.
The Secretary is to develop and make publicly available a strategic plan setting forth the agenda
that AGARDA will follow and provide for consultation with other federal research agencies; the
National Academies of Sciences, Engineering, and Medicine; and others. There are provisions in
the AGARDA program to expedite contract and grant awards and the appointments of highly
qualified scientists and research program managers without regard to certain statutes governing
appointments in the competitive federal service. The fund will have an authorized appropriation
of $50 million each year for FY2019-FY2023. The program terminates at the end of FY2023.
The enacted bill also authorizes a new Urban, Indoor, and Emerging Agricultural Production,
Research, Education, and Extension Initiative. The provision authorizes the Secretary to make
competitive grants to facilitate development of urban and indoor agricultural production systems
and emerging harvesting, packaging, and distribution systems and new markets. The grants could
also support methods of remediating contaminated urban sites (e.g., brownfields); determining
best practices in pest management; exploring new technologies to minimize energy, lighting
systems, water, and other inputs for increased food production; and studying new crop varieties
and agricultural products to connect to new markets. The provision provides mandatory and
discretionary spending of $4 million and $10 million, respectively, for each year for FY2019-
FY2023. In addition, there is authorization of $14 million for a study of urban and indoor
agriculture production under the 2017 Census of Agriculture, including data on community
gardens, rooftop gardens, urban farms, and hydroponic and aquaponic farm facilities.
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Forestry23
Similar to previous farm bills, the forestry title in the enacted 2018 farm bill (P.L. 115-334, Title
VIII) includes provisions related to forestry research and establishes, modifies, or repeals several
programs to provide financial and technical assistance to nonfederal forest landowners (see Table
12).24 The forestry title also includes several provisions addressing management of the National
Forest System (NFS) lands managed by the USDA Forest Service and the public lands managed
by the Bureau of Land Management (BLM) in the Department of the Interior.
Forestry assistance and research programs are primarily authorized under three main laws: the
Cooperative Forestry Assistance Act,25 the Forest and Rangeland Renewable Resources Research
Act,26 and the Healthy Forests Restoration Act.27 Many forestry programs are permanently
authorized to receive such sums as necessary in annual discretionary appropriations and thus do
not require reauthorization in the farm bill. Some programs, however, are not permanently
authorized and expired at the end of FY2018. The 2018 farm bill reauthorizes, through FY2023,
four such programs: the Healthy Forests Reserve Program, Rural Revitalization Technology,
National Forest Foundation, and funding for implementing statewide forest resource assessments.
The 2018 farm bill also provides explicit statutory authorization and congressional direction for
current programs that were operating under existing, but broad, authorizations. For example, the
farm bill authorizes the Landscape Scale Restoration program to provide financial assistance for
large restoration projects that cross landownership boundaries, providing statutory direction for
an assistance program that has been operating since FY2015 based on authorities provided in the
2014 farm bill. The 2018 farm bill also modifies or repeals some existing assistance programs.
For example, the bill amends the permanent authorization for the Semiarid Agroforestry Research
Center and establishes an FY2023 expiration.
The forestry title also addresses issues related to the accumulation of biomass in many forests and
the associated increased risk for uncharacteristic wildfires on both federal and nonfederal land. In
Part III of Subtitle F, the Timber Innovation Act incorporates provisions from both the House- and
Senate-passed bills to establish, reauthorize, and modify assistance programs to promote wood
innovation for energy use and building construction and to facilitate the removal of forest
biomass. The law also authorizes up to $20 million in annual appropriations to provide financial
assistance to states for hazardous fuel reduction projects that cross landownership boundaries.
The law also reduces the annual authorization for the Forest Service’s hazardous fuels
management program from $760 million annually to $660 million annually and adds a sunset date
of FY2023 to the authorization. In addition, the law repeals other biomass-related programs, such
as the Biomass Commercial Utilization Program, a biomass energy demonstration project, and a
wood fiber recycling research program.
The 2018 farm bill contains a provision that changes how the Forest Service and BLM comply
with the requirements under the National Environmental Policy Act28 for management activities

23 This section was written by Katie Hoover, Specialist in Natural Resource Policy.
24 The Agriculture Committees have jurisdiction over forestry issues generally and any national forest not reserved
from the public domain. The House Committee on Natural Resources and the Senate Committee on Energy and Natural
Resources have jurisdiction over public lands generally, including national forests reserved from the public domain.
25 P.L. 95-313, 16 U.S.C. §§2101-2114.
26 P.L. 95-307, 16 U.S.C. §§1641 et seq.
27 P.L. 108-148, 16 U.S.C. §§6501-6591c. For more information on these programs, see CRS Report R45219, Forest
Service Assistance Programs.
28 P.L. 91-109, 42 U.S.C. §§4321-4347. For more information, see CRS Report RL33152, The National Environmental
Policy Act (NEPA): Background and Implementation.
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involving sage grouse and/or mule deer habitat. The law establishes a categorical exclusion for
specified activities under which projects up to 4,500 acres would not be subject to the
requirements to prepare an environmental assessment or environmental impact statement. This
provision was in the Senate-passed version of the bill. The House-passed version would have
established 10 other categorical exclusions for various activities and would have also changed
some of the consultation requirements under the Endangered Species Act.29 The enacted farm bill
also includes provisions from the House bill related to the Forest Service’s authority to designate
insect and disease treatment areas on NFS lands and procedures intended to expedite the
environmental analysis for specified priority projects within those areas.30 Specifically, the
enacted farm bill adds hazardous fuels reduction as a priority project category and authorizes
larger projects.
The enacted farm bill also addresses miscellaneous federal and tribal forest management issues.
For example, the law expands the availability of Good Neighbor Agreements to include federally
recognized Indian tribes and county governments and authorizes tribes to enter into contracts to
perform specified forest management activities on tribal land. The enacted bill also reauthorizes
the Collaborative Forest Landscape Restoration Program to receive appropriations through
FY2023, raises the authorized level to $80 million, and authorizes the Secretary to issue waivers
to extend projects beyond the initial 10 years. In addition, the enacted farm bill also authorizes the
conveyance of NFS land through lease, sale, or exchange. The enacted bill expands the Small
Tracts Act, reauthorizes the Facility Realignment and Enhancement program, authorizes the
Forest Service to lease administrative sites, and includes provisions for specific parcels.31 The law
also establishes two watershed protection programs on NFS lands and authorizes the Secretary to
accept cash or in-kind donations from specified nonfederal partners to implement projects
associated with one of those programs.
Energy32
The Energy title (Title IX) supports agriculture-based renewable energy. In the 2018 farm bill, the
energy title extends eight programs and one initiative through FY2023 (see Table 13). It repeals
one program and one initiative—the Repowering Assistance Program and the Rural Energy Self-
Sufficiency Initiative. It establishes one new grant program, the Carbon Utilization and Biogas
Education Program, which is focused on the education and utilization of carbon sequestration as
well as biogas systems. The title also amends the eligible material definition for the Biomass
Crop Assistance Program to include algae. Further, the law modifies the definitions of biobased
product (to include renewable chemicals), biorefinery (to include the conversion of an
intermediate ingredient or feedstock), and renewable energy systems (to include ancillary
infrastructure such as a storage system).
Mandatory program funding is less than what was provided in earlier farm bills. The 2018 farm
bill authorizes a total of $375 million in mandatory funding for FY2019-FY2023. The 2014 farm
bill authorized a total of $694 million in mandatory funding over its five-year life. Mandatory
funding is provided for the Biobased Markets Program ($15 million over five years), the

29 P.L. 93-205, 16 U.S.C. §1531 et seq. For more information, see CRS Report RL31654, The Endangered Species Act:
A Primer.
30 For more information on the forestry provisions in the 2014 farm bill, see CRS Report R43431, Forestry Provisions
in the 2014 Farm Bill (P.L. 113-79).
31 For more information on Forest Service land disposal, see CRS Report RL34273, Federal Land Ownership:
Acquisition and Disposal Authorities.
32 This section was written by Kelsi Bracmort, Specialist in Natural Resources and Energy Policy.
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Biorefinery Assistance Program ($75 million over five years), the Bioenergy Program for
Advanced Biofuels ($35 million over five years), the Rural Energy for America Program ($250
million over five years), and the Feedstock Flexibility Program for Bioenergy Producers, which is
authorized for such sums as necessary for five years but with outlays projected to amount to $0
according to CBO. Mandatory funding is not provided for the Biodiesel Fuel Education Program,
the Biomass Research and Development Initiative, the Biomass Crop Assistance Program, or the
new Carbon Utilization and Biogas Education Program. The farm bill also authorizes
discretionary appropriations, subject to annual appropriations action.
Horticulture33
The 2018 farm bill reauthorizes many of the existing farm bill provisions supporting farming
operations in the specialty crop, certified organic agriculture, and local foods sectors. 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, and organic certification, among other market development and promotion
initiatives (see Table 14).
Provisions affecting the specialty crop and certified organic sectors are not limited to the
Horticulture title (Title X) but are contained within several other titles. Among these are programs
in the Research, Nutrition, and Trade titles, among others. Related programs outside the
Horticulture title include SCRI and OREI in the research title, as well as the Fresh Fruit and
Vegetable Program and Section 32 purchases for fruits and vegetables under the Nutrition title,
among other farm bill programs.
The new law makes changes both to farmers markets and local foods promotion programs,
combining and expanding the Farmers Market Promotion Program and Local Food Promotion
Program, along with the Value-Added Agricultural Product Market Development Grants program,
to create a new “Local Agriculture Market Program” with an expanded mission and mandatory
funding of $50 million for FY2019 and each year thereafter, plus authorized appropriations. The
law also includes several provisions from S. 3005 (Urban Agriculture Act of 2018) supporting
urban agriculture development (including new programs and authorization for both mandatory
and discretionary funding in the Miscellaneous, Research, Conservation, and Crop Insurance
titles).
The new law also makes changes to USDA’s National Organic Program (NOP) and related
programs, addressing concerns about organic import integrity by including provisions that
strengthen the tracking, data collection, and investigation of organic product imports, including
certain provisions in H.R. 3871 (Organic Farmer and Consumer Protection Act of 2017). It also
amends the eligibility and consultation requirements of the National Organic Standards Board,
among other changes. The law reauthorizes NOP appropriations above current levels while
reauthorizing current funding for the Organic Production and Market Data Initiatives and for
technology upgrades to improve tracking and verification of organic imports. It also expands
mandatory funding for the National Organic Certification Cost Share Program.
The new law also includes a number of provisions that further facilitate the commercial
cultivation, processing, and marketing of industrial hemp in the United States. These provisions
were in the Senate-passed bill and contained within the Horticulture title as well as the Research,
Crop Insurance, and Miscellaneous titles of the enacted farm bill. Many of these provisions
originated from introduced versions of the Hemp Farming Act of 2018 (S. 2667; H.R. 5485).

33 This section was written by Renée Johnson, Specialist in Agricultural Policy.
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Chief among these provisions is an amendment to the Controlled Substances Act (21 U.S.C.
§802(16)) to exclude hemp from the statutory definition of marijuana as redefined in the 2018
farm bill, provided it contains not more than a 0.3% concentration of delta-9
tetrahydrocannabinol—marijuana’s primary psychoactive chemical. The law also creates a new
hemp program under the Agricultural Marketing Act of 1946 (7 U.S.C. §1621 et seq.) establishing
a regulatory framework for hemp production (under USDA’s oversight), expands the statutory
definition of hemp, and expands eligibility to produce hemp to a broader set of producers and
groups, including tribes and territories. States or Indian tribes that seek primary regulatory
authority over hemp production would be required to implement a “plan” to further monitor and
regulate hemp production. States and tribal governments without USDA-approved plans would be
subject to plans established by USDA to monitor and regulate hemp production. Without a license
issued by USDA, it is unlawful to produce hemp in a state or tribal domain. Other provisions in
the law’s crop insurance title make hemp producers eligible to participate in federal crop
insurance programs, while provisions in the Research title of the law make hemp production
eligible for certain USDA research and development programs.
Crop Insurance34
The federal crop insurance program offers subsidized crop insurance policies to farmers. Farmers
can purchase policies that pay indemnities when their yields or revenues fall below guaranteed
levels. While the majority of federal crop insurance policies cover yield or revenue losses, the
program also offers policies with other types of guarantees, such as index policies that trigger an
indemnity payment based on weather conditions.
The Federal Crop Insurance Corporation (FCIC), a government corporation within USDA, pays
part of the premium (about 63% on average in crop year 2017) while policy holders—farmers and
ranchers—pay the balance. Private insurance companies, known as Approved Insurance
Providers, deliver the policies in return for administrative and operating subsidies from FCIC.
Approved Insurance Providers also share underwriting risk with FCIC through a mutually
negotiated Standard Reinsurance Agreement. The USDA Risk Management Agency administers
the federal crop insurance program.
The Crop Insurance title (Title XI) of the enacted 2018 farm bill (P.L. 115-334) makes several
modifications to the existing federal crop insurance program (Table 15). CBO projects that the
2018 farm bill will decrease outlays for crop insurance relative to baseline levels by $104 million
during the FY2019-FY2028 period. This projected reduction represents around 0.1% of projected
crop insurance outlays over the same time period, during which outlays are projected to total
about $78 billion.
Within the 2018 farm bill’s Crop Insurance title, the section with the highest projected increase in
outlays ($90 million increase over FY2019-FY2028, Section 11109) expands coverage for forage
and grazing by authorizing catastrophic level coverage for insurance plans covering grazing crops
and grasses It also allows producers to purchase separate crop insurance policies for crops that
can be both grazed and mechanically harvested on the same acres during the same growing
season and to receive independent indemnities for each intended use.
Two other sections of the 2018 farm bill have projected outlay increases compared with prior law.
One modifies the FCIC board’s research and development authority in several ways, including
redefining beginning farmer or rancher as an individual having actively operated and managed a
farm or ranch for less than 10 years, thus making these individuals eligible for federal subsidy

34 This section was written by Isabel Rosa, Analyst in Agricultural Policy.
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benefits available for the purposes of research, development, and implementation of whole-farm
insurance plans ($13 million increase over FY2019-FY2028, Section 11122). The other section
that is projected to result in higher outlays authorizes FCIC to waive certain viability and
marketability requirements in considering proposals from private submitters to develop a policy
or pilot program relating to the production of hemp ($8 million increase over FY2019-FY2028,
Section 11113).
The 2018 farm bill adds hemp to the definition of eligible crops for federal crop insurance
subsidies (Sections 11101 and 11119) and also adds hemp to the list of crops whose policies may
cover post-harvest losses (Section 11106). Most federal crop insurance policies do not cover post-
harvest losses. Prior to the 2018 farm bill, coverage of post-harvest losses was limited to potatoes,
sweet potatoes, and tobacco.
The section in the 2018 farm bill with the highest projected reduction in outlays ($125 million
over FY2019-FY2028, Section 11110) raises the administrative fee for catastrophic level
coverage from $300 to $655 per crop per county. Four other sections also scored projected
reductions in outlays, according to CBO. These sections relate to consolidation and reduction of
funding for certain research and development contracts and partnerships ($40 million over
FY2019-FY2028, Section 11123); the expansion of enterprise units across county lines ($27
million over FY2019-FY2028, Section 11111); the reduction of funds available for review,
compliance, and program integrity ($18 million over FY2019-FY2028, Section 11118); and
modifications to how producer benefits are reduced when producing crops on native sod ($4
million over FY2019-FY2028, Section 11114).
Miscellaneous35
The Miscellaneous title (Title XII) of the Agriculture Improvement Act of 2018 covers a wide
array of issues across six subtitles, including livestock, agriculture and food defense, historically
underserved producers, Department of Agriculture Reorganization Act of 1994 Amendments,
other miscellaneous provisions, and general provisions. The enacted provisions are organized by
subtitle in Table 16. Those provisions that were located in the Miscellaneous titles of the House-
and Senate-passed bills but were moved to other titles in the enacted bill, along with those
provisions that were not enacted, are listed at the end of Table 16.
The livestock subtitle of the enacted 2018 farm bill establishes the National Animal Disease
Preparedness Response Program (NADPRP) and the National Animal Vaccine and Veterinary
Countermeasures Bank (NAVVCB), both under the National Animal Health Laboratory Network
(NAHLN) in the Animal Health Protection Act (7 U.S.C. §8308a). The NADPRP is to address
risks to U.S. livestock associated with the introduction of animal diseases and pests. The new law
directs the NAVVCB to maintain significant quantities of vaccine and diagnostic products to
respond to animal disease outbreaks. It also directs the NAVVCB is to prioritize foot-and-mouth
disease. The act authorizes mandatory funding of $120 million for FY2019-FY2022 and $30
million for FY2023 and for each fiscal year thereafter. In addition, $30 million is authorized to be
appropriated annually for FY2019-FY2023 for NAHLN, with as such sums as necessary
appropriated for the NADPRP and NAVVCB.
Among other livestock provisions, the act authorizes appropriations for the Sheep Production and
Marketing Grant Program; provides for a study on a livestock dealer statutory trust; adds llamas,
alpacas, live fish, and crawfish to the list of covered animals under the Emergency Livestock
Feed Assistance Act; calls for a report on the guidance and outreach USDA’s Food Safety and

35 This section was written by Joel Greene, Analyst in Agricultural Policy.
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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

Inspection Service provides to small meat processors; and establishes regional cattle and carcass
grading centers.
Within the Agriculture and Food Defense subtitle of the enacted bill, the USDA Office of
Homeland Security, as authorized in the 2008 farm bill (P.L. 110-246), is repealed and
reestablished under the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. §6901 et
seq.). Under the new authorities, USDA is required to conduct Disease and Pest of Concern
Response Planning, establish a National Plant Diagnostic Network to monitor threats to plant
health, and establish a National Plant Disease Recovery System for long-term planning. The
section also amends the criteria for considering the impact on research performance when
biological agents or toxins are added to the Biological Agents and Toxins List.
The Historically Underserved Producers subtitle expands USDA activities for beginning, socially
disadvantaged, and veteran farmers and ranchers. It prioritizes youth agricultural employment and
volunteer programs and promotes the role of youth-serving organizations and school-based
agricultural education programs. It also establishes a Tribal Advisory Committee to advise USDA
on tribal and Indian affairs. The new law authorizes $50 million in discretionary funding for
FY2019-FY2023 for the Farming Opportunities Training and Outreach program and provides
mandatory funding for the program that increases from $30 million in FY2019 to $50 million in
FY2023. The act also establishes within USDA an Office of Urban Agriculture and Innovative
Production to promote urban, indoor, and emerging agricultural practices.
The 2018 farm bill includes conforming amendments that address USDA reorganizational
changes that created the Under Secretary for Trade and Foreign Agricultural Affairs, the Under
Secretary for Farm Production and Conservation, and the Assistant to the Secretary for Rural
Development. For one, the act requires USDA to re-establish the position of Under Secretary of
Agriculture for Rural Development that USDA abolished and replaced with an Assistant to the
Secretary for Rural Development in its May 2017 reorganization. The new law amends the duties
and provisions of the USDA Military Veterans Agricultural Liaison and the Office of Chief
Scientist and creates a Rural Health Liaison. It further requires USDA to conduct a civil rights
analysis on actions, policies, or decisions that may impact employees, contractors, or
beneficiaries of USDA programs based on membership in a federally protected group.
The Other Miscellaneous Provisions and General Provisions subtitles contain 40 provisions that
address a wide variety of issues. For example, the Protecting Animals with Shelter provision
authorizes USDA—in consultation with the Departments of Justice, Housing and Urban
Development, and Health and Human Services—to provide grants for emergency and transitional
shelter for victims of domestic and dating violence, sexual assault, and stalking and their pets.
Other animal-related provisions ban the slaughter of dogs and cats, impose a ban on animal
fighting in U.S. territories, and require a report on the importation of dogs.
The enacted 2018 farm bill reauthorizes the Pima Cotton; the Wool Apparel Manufacturers; and
the Wool Research, Development, and Promotion trust funds. It also establishes the Emergency
Citrus Disease Research and Development Trust Fund to address invasive citrus diseases and
pests. The act extends for 10 years the National Oilheat Research Alliance. It further establishes a
Commission on Farm Transition to study issues affecting transitioning farms to the next
generation and establishes a Century Farms program to recognize farms that have been owned by
the same family and in operation for at least 100 years.
In addition, the enacted bill requires USDA to conduct and issue various studies and reports on a
variety of topics, among which are food waste; the business centers of the Natural Resources
Conservation Service, the Farm Service Agency, and the Risk Management Agency; the number
of personnel in USDA agencies each year; the effect of absentee landlords; the level of funding
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The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison

that would allow the National Institute of Food and Agriculture to address evolving research and
extension needs in rural and farming communities; an FDA food labeling regulation (81 Fed. Reg.
33742); and the impact of rice ratooning and post-disaster flooding on migratory birds.
The enacted 2018 farm bill directs USDA to restore exemptions for weighing and inspection
services that were included in the United States Grain Standards Act (USGSA) in 2003 that were
revoked when the USGSA was reauthorized in 2015. The act requires the U.S. Fish and Wildlife
Service to clarify that the green sea urchin is exempt from the export permission requirements of
the Endangered Species Act (16 U.S.C. §1538(d)(1)) and its licensing regulations. The act also
amends the Controlled Substance Act (21 U.S.C. §802(16)) to exclude industrial hemp from the
statutory definition of marijuana.

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Provisions of the 2018 Farm Bill by Title Compared with the House- and
Senate-Passed Bills (H.R. 2) and with Prior Law
Table 5. Commodities
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Commodity Program Terms
Actual crop revenue. The amount
Same as current law. (§1111(1))
Continues current law.
Continues current law.
determined by the Secretary under the
Agriculture Risk Coverage (ARC)
program for each covered commodity
for a crop year. (7 U.S.C. 9011(1))
ARC. Coverage provided under the
Same as current law. (§1111(2))
Continues current law.
Continues current law.
ARC program. (7 U.S.C. 9011(2))
ARC guarantee. The amount
Same as current law. (§1111(3))
Continues current law.
Continues current law.
determined by the Secretary under the
ARC program for each covered
commodity for a crop year.
(7 U.S.C. 9011(3))
Base acres. For purposes of calculating Individual crop-specific base acres are
Continues current law.
Continues current law.
farm program payments, base acres are
retained, as in effect as under the 2014
the number of historical program acres
farm bil subject to any reallocation,
of a specific covered commodity on a
adjustment, or reduction as described in
farm as established under the 2008 farm
Section 1112. (§1111(4))
bil , as in effect on September 30, 2013
(except upland cotton), subject to
adjustments (see 7 U.S.C. 90112 below).
(7 U.S.C. 9011(4))
County coverage. Type of coverage
No comparable definition.
Continues current law.
Continues current law.
under the ARC program to be obtained
by the producer at the county level.
(7 U.S.C. 9011(5))
CRS-33

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Covered commodities. Wheat, oats,
Wheat, oats, and barley (including
Continues current law.
Continues current law.
and barley (including wheat, oats, and
wheat, oats, and barley used for haying
barley used for haying and grazing),
and grazing), corn, grain sorghum, long-
corn, grain sorghum, long-grain rice,
grain rice, medium-grain rice, pulse
medium-grain rice, pulse crops,
crops, soybeans, other oilseeds, seed
soybeans, other oilseeds, and peanuts.
cotton, and peanuts. (§1111(5))
Effective beginning with the 2018 crop
year, the term covered commodity
includes seed cotton.
(7 U.S.C. 9011(6))
Effective price. The price calculated
Same as current law. (§1111(6))
Continues current law.
Continues current law.
by the Secretary under the Price Loss
Coverage (PLC) program for each
covered commodity for a crop year to
determine whether PLC payments are
required to be provided for that crop
year. (7 U.S.C. 9011(7))
No comparable definition.
Effective reference price. The term
No comparable definition.
Identical to House provision. (§1101)
effective reference price, with respect to a
covered commodity for a crop year,
means the lesser of the fol owing: (A)
115% of the reference price for such
covered commodity; or (B) the greater
of (i) the reference price for such
covered commodity or (ii) 85% of the
average of the marketing year average
price of the covered commodity for the
most recent five crop years, excluding
each of the crop years with the highest
and lowest marketing year average
price. (§1111(7))
Extra-long-staple (ELS) cotton.
Same as current law. (§1111(8))
Continues current law.
Continues current law.
Cotton that (A) is produced from pure
strain varieties of the Barbadense
species or any hybrid of the species or
other similar types of ELS cotton,
CRS-34

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
designated by the Secretary, having
characteristics needed for various end
uses for which U.S. upland cotton is not
suitable, and grown in irrigated or other
designated U.S. cotton-growing regions;
and (B) is ginned on a rol er-type gin or
other authorized gin for experimental
purposes. (7 U.S.C. 9011(8))
Generic base acres. The amount of
No comparable provision. Generic base
Continues current law.
Continues current law.
cotton base acres in effect under the
acres are indirectly retained via
2008 farm bil , as adjusted pursuant to
retention of base acres as under prior
Section 1101 of such act, as of
law by Section 1111(4). Base acres are
September 30, 2013 (7 U.S.C.
discussed further in Section 1112.
9011(9)), subject to any adjustment or
reduction. (7 U.S.C. 9012(d))
Individual coverage. Type of
No comparable definition.
Continues current law.
Continues current law.
coverage selected by a producer under
the ARC program at the farm (not
county) level. (7 U.S.C. 9011(10))
No comparable definition. Instead, the
Marketing year average price
No comparable definition.
No comparable definition.
ful text “national average market price
(MYAP). The national average market
received by producers during the 12-
price received by producer during the
month marketing year” for a covered
12-month marketing year for a covered
commodity is used in the PLC and ARC
commodity. (§1111(9))
programs.
Medium-grain rice. Includes short
Same as current law. (§1111(10))
Continues current law.
Continues current law.
grain rice and temperate japonica rice.
(7 U.S.C. 9011(11))
Other oilseed. A crop of sunflower
Same as current law. (§1111(11))
Continues current law.
Continues current law.
seed, rapeseed, canola, safflower,
flaxseed, mustard seed, crambe, sesame
seed, or, if designated by the Secretary,
another oilseed. (7 U.S.C. 9011(12))
CRS-35

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Payment acres. The number of acres
Same as current law. (§1111(12))
Continues current law.
Continues current law.
for a farm, as determined under 7 U.S.C.
9014, that are eligible for payments
under the PLC or ARC programs. (7
U.S.C. 9011(13))
Payment yield. For a covered
For a covered commodity, the yield
Continues current law.
Continues current law.
commodity, the yield used to make
used to make PLC payments under the
counter-cyclical payments under the
2014 farm bil or the yield established in
2008 farm bil as in effect on September
Section 1113. (§1111(13))
30, 2013, or the yield established under
the PLC program. (7 U.S.C. 9011(14))
Price Loss Coverage (PLC).
Same as current law. (§1111(14))
Continues current law.
Continues current law.
Coverage provided under the PLC
program. (7 U.S.C. 9011(15))
Producer. Generally, an owner,
Same as current law. (§1111(15))
Continues current law.
Continues current law.
operator, landlord, tenant, or
sharecropper that shares in the risk of
producing a crop and is entitled to share
in the crop available for marketing from
the farm or would have shared had the
crop been produced. For a grower of
hybrid seed, the existence of a hybrid
seed contract and other program rules
shall not adversely affect the ability to
receive a payment. (7 U.S.C.
9011(16))
Pulse crop. Dry peas, lentils, small
Same as current law. (§1111(16))
Continues current law.
Continues current law.
chickpeas, and large chickpeas.
(7 U.S.C. 9011(17))
Reference prices: With respect to a
Same as current law (§1111(17)) but
Continues current law.
Continues current law.
covered commodity for a crop year:
with the fol owing addition:
•
For wheat, $5.50 per bushel (bu.).
Reference price for temperate
•
japonica rice. To reflect price

For corn, $3.70 per bu.
premiums, the reference price for
CRS-36

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
•
For grain sorghum, $3.95 per bu.
temperate japonica rice equals $14.00
•
per cwt., as adjusted by the formula for

For barley, $4.95 per bu.
calculating the effective reference price
•
For oats, $2.40 per bu.
(§1111(7)) multiplied by the ratio of
•
For long-grain rice, $14.00 per
the simple average of the MYAP of
hundredweight (cwt).
medium-grain rice from crop years
•
2012-2016 divided by the simple average

For medium-grain rice, $14.00 per
cwt.
of the MYAP of all rice from crop years
2012-2016. (§1116(g))
•
For soybeans, $8.40 per bu.

•
For other oilseeds, $20.15 per cwt.
•
For peanuts, $535.00 per ton.
•
For dry peas, $11.00 per cwt.
•
For lentils, $19.97 per cwt.
•
For small chickpeas, $19.04 per
cwt.
•
For large chickpeas, $21.54 per
cwt.
•
For seed cotton, $0.367 per lb.
(7 U.S.C. 9011(18))
Secretary. The Secretary of
Same as current law. (§1111(18))
Continues current law.
Continues current law.
Agriculture. (7 U.S.C. 9011(19))
Seed cotton. Unginned upland cotton
Same as current law. (§1111(19))
Continues current law.
Continues current law.
that includes both lint and seed.
(7 U.S.C. 9011(20))
State. Each of the U.S. states, the
Same as current law. (§1111(20))
Continues current law.
Continues current law.
District of Columbia, the
Commonwealth of Puerto Rico, and any
other U.S. territory or possession.
(7 U.S.C. 9011(21))
Temperate japonica rice. Rice that is Same as current law. (§1111(21))
Continues current law.
Continues current law.
grown in high altitudes or temperate
regions of high latitudes with cooler
CRS-37

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
climate conditions in the Western
United States, as determined by the
Secretary, for the purpose of the
reallocation of base acres, the
establishment of a reference price and
an effective price, and the determination
of the actual crop revenue and ARC
guarantee. (7 U.S.C. 9011(22))
Transitional yield. Defined in Section
Same as current law. (§1111(22))
Continues current law.
Continues current law.
502(b) of the Federal Crop Insurance
Act (7 U.S.C. 1502(b)(11)) as the
maximum average production per acre
or equivalent measure that is assigned
to acreage for a crop year by the
Federal Crop Insurance Corporation
(FCIC) whenever the producer fails to
certify that acceptable documentation of
production and acreage for the crop
year is in the possession of the producer
or present the acceptable
documentation. (7 U.S.C. 9011(23))
United States. When used in a
Same as current law. (§1111(23))
Continues current law.
Continues current law.
geographical sense, all of the states.
(7 U.S.C. 9011(24))
United States premium factor. The
Same as current law. (§1111(24))
Continues current law.
Continues current law.
percentage by which the difference in
the U.S. loan schedule premiums for
Strict Middling 1 1/8-inch upland cotton
and for Middling 1 3/32-inch upland
cotton exceeds the difference in the
applicable premiums for comparable
international qualities.
(7 U.S.C. 9011(25))
CRS-38

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
PLC and ARC Programs
Base Acres
One-time reallocation of base
No comparable provision.
Continues current law.
No comparable provision.
acres among covered
Base acres (subject to the 2014-farm-
Base acres are included through the
commodities. Crop-specific base acres bil ’s one-time reallocation choice) are
retention of crop-specific base acres
were subject to a producer’s one-time
included through the retention of crop-
under prior law.
choice to retain base acres or undertake specific base acres under prior law.
a reallocation of total farm base acres
(§1114(a))
among covered commodities based on
average shares of planted base by
commodity during the 2009-2012
period. Generic base acres are retained
and may not be reallocated.
(7 U.S.C. 9012(a))
Seed cotton base acres. Not later
No comparable provision.
Continues current law.
Continues current law.
than May 10, 2018, the Secretary shall
Seed cotton base acres are included
require the owner of a farm to allocate
indirectly through the retention of crop-
all generic base acres based on whether
specific base acres under prior law.
the farm has a recent history of covered (§1114(a))
commodities (including seed cotton)
being planted or prevented from being
planted during the 2009-2016 crop
years.
If a farm has no such recent history,
then the farm owner allocates the farm’s
generic base to unassigned crop base for
which no ARC or PLC payments may be
made.
If a farm has such a recent history, then
the farm owner allocates the farm’s
generic base among seed cotton and
other covered commodities as (A) to
seed cotton base acres in a quantity
equal to the greater of 80% of generic
base acres or the average of seed cotton
CRS-39

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
acres planted or prevented from being
planted on the farm during the 2009-
2012 crop years (not to exceed the
farm’s total generic base acres) or (B) to
commodity-specific base acres in
proportion to each crop’s share of
planted (or prevented from being
planted) acreage during 2009 to 2012.
Fol owing the base allocation under
either (A) or (B), any residual generic
base acres shall be allocated to
unassigned crop base for which no ARC
or PLC payments may be made.
If a farm owner fails to make an election
for generic base, then the farm owner
shall be deemed to have elected to
allocate all generic base acres in
accordance with formulation (A) above.
(7 U.S.C. 9014(b)(4))
Adjustments to base. Base acres are
The same as current law. (§1112(a))
Continues current law.
Continues current law.
increased/decreased when land
leaves/enters conservation programs. (7
U.S.C. 9012(b))
Prevention of excess base acres.
The same as current law. (§1112(b))
Continues current law with technical
Identical to Senate provision.
Base is reduced if the sum of the base
correction to change wetlands reserve
(§1102(a))
acres for the farm (including any new
program to wetland reserve easements
oilseed acreage and generic base acres)
under the Agricultural Conservation
plus any acreage in the Conservation
Easement Program. (§1709(a))
Reserve Program (CRP) or the
Wetlands Reserve Program (WRP) (or
any other federal conservation program
that makes payments in exchange for
not producing a crop) exceeds the
actual cropland acreage on the farm. An
exception shall be made in the case of
certain double-cropped acreage as
CRS-40

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
determined by the Secretary. The
owner of the farm shall be given an
opportunity to select the base acres that
wil be reduced. (7 U.S.C. 9012(c))
Reduction of base acres. The farm
Reduction of base acres is the same as
Continues current law.
Similar to House provision in retaining
owner may reduce, at any time, base
current law (§1112(c)(1-2)) but with
“reduction of base acres” (1) and (2) of
acres for any covered commodity. Such
two additional provisions under Section
(7 U.S.C. 9012(d)) but with two new
reduction shall be permanent. Base is
1112(c)(3) and Section 1112(c)(4).
conditions below. (§1102(b))
reduced proportionately when acreage
has been subdivided and developed for
multiple residential units or other
nonfarming uses. (7 U.S.C. 9012(d))
No comparable provision.
Treatment of unplanted base. If no
No comparable provision.
Treatment of base planted to grass
base acres are planted to a covered
or pasture. If all cropland on a farm
commodity during the period January 1,
(including idled or fallow land) was
2009, to December 31, 2017, then all
planted to grass or pasture during
the base acres on that farm are allocated
January 1, 2009, to December 31, 2017,
to unassigned crop base for which no
then all base acres and payment yields
payment shall be made. (§1112(c)(3))
on that farm are retained, but no
payment shall be made to those base
acres under ARC or PLC during the
2019-2023 crop years. The producers
on such a farm are not eligible to change
their election option of ARC or PLC.
(§1102(b))
No comparable provision.
Reconstitution of farm to expand
No comparable provision.
Prohibition on reconstitution of
base. The Secretary shall ensure that a
farm. The Secretary shall ensure that a
farm may not be reconstituted after the
farm may not be reconstituted to void
date of enactment of this section to
or change the treatment of base acres.
alter the treatment of base acres.
(§1102(b))
(§1112(c)(4))
Payment Yields
Payment yields. For making PLC
Continues current law.
Continues current law.
Continues current law.
program payments, all covered
commodities must use a program yield
CRS-41

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
to derive a per-acre payment rate. In
this regard, the Secretary shall establish
a program yield for each farm for any
designated oilseed for which a payment
yield was not established under Section
1102 of the 2008 farm bil .
(7 U.S.C. 9013(a))
Payment yield for designated
To make PLC payments, this provision
Continues current law.
Similar to House provision but with the
oilseeds. For designated oilseeds, such
continues the Secretary’s authority to
fol owing amendment: For any oilseed
a payment yield on a farm equals the
establish payment yields for each farm
that is designated on or after the date of
product of the average yield per planted
for any designated oilseed that does not
enactment of the 2018 farm bil , the
acre for the 1998-2001 crop years
have a payment yield under the 2014
payment yield shall be calculated as 90%
(excluding years in which acreage
farm bil . The payment yield is calculated
of the most recent five-year-average
planted was zero) and the ratio of the
as 90% of the most recent five-year-
yield (excluding any year in which the
national average yield for the 1981-1985 average yield (excluding any year in
yield was zero). (§1103(a))
crops and the national average yield for
which the yield was zero). Provides that
the 1998-2001 crops. If the yield per
this subsection only applies to oilseeds
planted acre for a designated oilseed for
designated after the date of enactment
any of the 1998-2001 crop years was
of the Agriculture and Nutrition Act of
less than 75% of the county yield for
2018. (§1113(a))
that designated oilseed, the Secretary
shall assign a yield “plug” for that crop
year equal to 75% of the county yield. (7
U.S.C. 9013(b))
For other covered commodities, see the
discussion under 7 U.S.C. 9013 (c)-(e).
Absence of payment yield. In the
Authorizes the Secretary to establish a
Continues current law.
Continues current law.
case of a covered commodity on a farm
payment yield if no payment yield is
for which base acres have been
otherwise established for a covered
established or that is planted on generic
commodity using the program payment
base acres, if no payment yield has been
yields of similarly situated farms.
established, the Secretary shall establish
(§1113(b))
an appropriate payment yield by taking
into consideration the farm program
payment yields applicable to that
covered commodity for similarly
CRS-42

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
situated farms. The use of such data in
an appeal, by the Secretary or by the
producer, shall not be subject to any
other provision of law.
(7 U.S.C. 9013(c))
Updating payment yields. The
Yield update for drought-affected
Continues current law.
Single opportunity to update
owner of a farm was given a one-time
counties. Provides a one-time
yields. Provides a one-time opportunity
opportunity to update, on a covered
opportunity for a farm owner to update
for a farm owner to update program
commodity-by-covered-commodity
yields where the farm is located in a
yields on a covered-commodity-by-
basis, the payment yield used in
county that experienced 20 or more
covered-commodity basis for use in
calculating PLC payments for each
consecutive weeks of exceptional
calculating any PLC payment. Yields may
covered commodity for which the PLC
drought (rated D4 by the U.S. Drought
be updated at 90% of average yield per
election was made. The election shall be Monitor) between January 1, 2008, and
planted acre for 2013-2017 crop years
made at a time and manner to be in
December 31, 2012. On a covered-
but subject to a commodity-specific
effect beginning with the 2014 crop year commodity by covered-commodity
adjustment factor (equal to the ratio of
as determined by the Secretary. The
basis, yields may be updated as 90% of
the 2008-2012 national average yield
PLC payment yield update was equal to
average yield per planted acre for 2013-
over the 2013-2017 national average
90% of the average of the yield per
2017 crop years. (§1113(c))
yield) to account for national increase in
planted acre for the covered commodity
trend yield. The yield update election
for the 2008-2012 crop years, excluding
must be made so as to be in effect
any crop year in which the acreage
beginning with the 2020 crop year.
planted to the covered commodity was
(§1103(b))
zero. (7 U.S.C. 9013(d))
Yield plug. If the yield for any of the
If the farm-level yield is less than 75% of

Similar to the House provision but with
2008-2012 crop years was less than 75% the average county yield for a covered
the fol owing amendment: The election
of the average county yield, a “plug”
commodity for any of the years
must be made so as to be in effect
yield was used for that crop year equal
(excluding any year in which the yield
beginning with the 2020 crop year.
to 75% of the county average for 2008
was zero), then the Secretary shal
(§1103(b))
to 2012. (7 U.S.C. 9013(d)(4))
assign 75% of the 2013-2017 average
county yield for the covered commodity
for that crop year. The election must be
made prior to the 2019 crop year.
(§1113(c)(3))
Payment yield for seed cotton. The
The average yield for seed cotton per
Continues current law.
The average yield for seed cotton per
payment yield for seed cotton for a farm planted acre equals 2.4 times the
planted acre equals 2.4 times the
shall be equal to 2.4 times the payment
average yield for upland cotton per
CRS-43

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
yield for upland cotton for the farm
planted acre. At the discretion of the
average yield for upland cotton per
established under the 2008 farm bil , as
owner of a farm that meets the drought
planted acre. (§1103(b))
in effect on September 30, 2013. At the
criteria described in this section, the
sole discretion of the owner of a farm
owner may update the payment yield for
with an established yield for upland
upland cotton, using the same method
cotton, the owner shall have a one-time
as described in this section. (§1113(c))
opportunity to update the payment yield
for upland cotton, as provided in 7
U.S.C. 9013(d), for the purpose of
calculating the payment yield for seed
cotton. (7 U.S.C. 9013(e))
Payment Acres
Payment acres. With respect to PLC
Continues the establishment of payment Continues current law.
Continues current law.
and county-level ARC payments,
acres for PLC and county-level ARC
payment acres are 85% of the base acres payments for each covered commodity
of a covered commodity on a farm. For
on the farm at 85% of the base acres.
individual (farm-level) ARC, the payment (§1114(a))
acres equal 65% of the base acres for all
No reference is made to the individual
of the covered commodities on the
farm-level ARC program or its
farm.
associated payment acres.
Generic base is eligible for payments if a
covered crop is planted on the farm.
Specifically, for each crop year, generic
base acres are attributed (i.e.,
temporarily designated as) base acres to
a particular covered commodity base in
proportion to that crop’s share of total
plantings of all covered commodities in
that year. The amount of generic base
attributed for a particular year cannot
exceed the acreage planted to covered
crops in that year (use of double-
cropping for payment calculations is not
allowed unless the practice is approved
by the Secretary). (7 U.S.C. 9014)
CRS-44

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Exclusion from payment acres.
No comparable provision.
Continues current law.
Continues current law.
Payment acres may not include any crop
subsequently planted during the same
crop year on the same land for which
the first crop is eligible for PLC or ARC
payments unless the crop was approved
for double cropping as determined by
the Secretary. (7 U.S.C. 9014(c))
Minimal payment acres. A producer
Same as current law. (§1114(b))
Continues current law.
Retains current law but with new
on a farm may not receive PLC
exemptions. First, a farmer may
payments or ARC payments if the sum
combine base acres from all farms in
of the base acres on the farm is 10 acres
which the farmer has an interest. If this
or less except for socially disadvantaged
aggregate total for base acres is greater
farmers/ranchers or limited resource
than 10 acres, then these acres are
farmers/ranchers. (7 U.S.C. 9014(d))
exempted from the prohibition on ARC
and PLC payments. Also, two additional
producer groupings—beginning farmers
or ranchers and veteran farmers or
ranchers—are excluded from the
minimal base acres payment prohibition.
(§1104(1))
Effect of planting fruits and
Same as current law. (§1114(c))
Amends this section to specify that any
Amends this section similar to Senate
vegetables on payment acres. Any
plantings to FVWR, for which a
provision but with different wording.
crop may be planted without effect on
reduction in payment acres is made
For each crop year for which FVWR are
base acres. However, payment acres on
under this subsection, shall not be used
planted to base acres on a farm for
a farm are reduced in any crop year in
to reduce base acres, meaning that such
which a reduction in payment acres is
which fruits, vegetables (other than
plantings of FVWR shall be considered
made under this subsection, the
mung beans and pulse crops), or wild
to be the same as the planting and
Secretary shall consider such base acres
rice (FVWR) have been planted on base
production of a covered commodity for
to be planted, or prevented from being
acres. The reduction to payment acres
purposes of recalculating base acres.
planted, to a covered commodity for
is one-for-one for each acre planted to
(§1101)
purposes of any adjustment or
these crops in excess of 15% of base
reduction of base acres. (§1104(2))
acres for either the PLC or county
coverage under the ARC program and
in excess of 35% of base acres for ARC
CRS-45

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
individual coverage.
(7 U.S.C. 9014(e)(1-3))
No reduction to payment acres shall be
made under this subsection, as
determined by the Secretary, if FVWR
are grown solely for conservation
purposes and not harvested for use or
sale or if a region has a history of
double-cropping covered commodities
with FVWR and the FVWR were so
double-cropped on the base acres.
(7 U.S.C. 9014(e)(4))
Unassigned crop base. Requires the
Requires the Secretary to maintain
Continues current law.
Continues current law.
Secretary to maintain information on
information on unassigned crop base
generic base acres on a farm allocated as acres on a farm under the one-time
unassigned crop base under the
reallocation of base acres under the
formulation for seed cotton base acres.
2014 farm bil and prevention of excess
(7 U.S.C. 9014(b)(4)(B,D);
base acres. (§1114(d))
7 U.S.C. 9014(f))
Producer Election
Producer election. For the 2014-2018 For the 2019-2023 crop years, all
For the 2019-2023 crop years, all
For the 2019-2020 crop years, all
crop years, all producers involved in a
producers involved in a single farm
producers on a farm must unanimously
producers on a farm must unanimously
single farm operation had to
operation must unanimously make a
make a one-time, irrevocable election to make a one-time, irrevocable election to
unanimously make a one-time,
one-time, irrevocable election to obtain
obtain either PLC or county-level ARC
obtain either PLC or county-level ARC
irrevocable election to obtain either (1)
either PLC or county-level ARC on a
on a covered-commodity-by-covered-
on a covered-commodity-by-covered-
Price Loss Coverage (PLC) program or
covered-commodity-by-covered-
commodity basis. (§1102)
commodity basis. If no choice is made,
county-level ARC on a covered-
commodity basis. (§1115(a))

the selection defaults to the same
commodity-by-covered-commodity
Prohibits farm reconstitution to void or
coverage as existed on the farm for the
basis or (2) ARC individual coverage
change an election made under this
2015-2018 crop years. For the 2021
applicable to all of the covered
section. (§1115(c))
crop year and each year thereafter
commodities on the farm.
through 2023, all of the producers on a
(7 U.S.C. 9015)
farm may agree to change the election
Note: In Section 60101(a) of the
between PLC and ARC.
Bipartisan Budget Act of 2018 (P.L. 115-
(§1105 (1)-(2))
123; BBA), producers of seed cotton
CRS-46

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
base were given a one-time election for
their seed cotton base between PLC
and county-level ARC in the 2018 crop
year. (7 U.S.C. 9015(g))
Failure to make a choice. Failure to
Failure to make a unanimous election
Failure to make a unanimous election
Similar to the Senate provision but with
make a unanimous election for the 2014 for the 2019 crop year results in no
for the 2019 crop year results in no
an amendment. Failure to make a
crop year results in no program
program payments to the farm for the
program payments to the farm for the
unanimous election for the 2019 crop
payments to the farm for the 2014 crop
2019 crop year, and producers on the
2019 crop year, and producers on the
year results in no program payments to
year, and the producers on the farm are
farm are deemed to have elected PLC
farm are deemed to have elected county the farm for the 2019 crop year, and
deemed to have elected PLC for all
for all covered commodities on the farm coverage for all covered commodities
producers on the farm are deemed to
covered commodities on the farm for
for the 2020-2023 crop years.
on the farm for the 2020 through 2023
have elected the same coverage for the
the 2015-2018 crop years. If all the
(§1115(b))
crop years. (§1102(2))
2020-2023 crop years as was applicable
producers on a farm selected ARC
for the 2015-2018 crop years.
county coverage for a covered
(§1105(3))
commodity, the Secretary could not
make PLC payments to the producers
on the farm with respect to that
covered commodity. If all the producers
on a farm selected individual coverage,
payment calculations included the
producer’s share of all farms in the same
state in which the producer has an
interest and for which individual
coverage was selected. Producers on a
farm cannot reconstitute the farm to
void or change a program election.
(7 U.S.C. 9015(c))
No comparable provision.
No comparable provision.
Option to change producer
Option to change producer
election. Notwithstanding 7 U.S.C.
election. Notwithstanding 7 U.S.C.
9015(a), amends current law to al ow
9015(a), amends current law to al ow
participating producers a one-time
participating producers a one-time
choice in crop year 2021 to change their choice in crop year 2021 and each crop
election choice between ARC and PLC
year thereafter to change their election
for crop years 2021-2023. (§1106)
choice between ARC and PLC. The new
election shall apply to the crop year for
which it is made and each crop year
CRS-47

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
thereafter until another election is
made. (§1105(5))
Annual filing for ARC and PLC. In
One-time filing for ARC and PLC.
No comparable provision.
Options for electronic filing and
accordance with its authority to
Participating producers may file a one-
multi-year contract for ARC and
implement these programs (7 U.S.C.
time program contract with USDA to
PLC. Producers may remotely and
1601), USDA is directed to issue
enrol in ARC or PLC through crop year
electronically sign annual contracts for
regulations. Such regulations require
2023. Farmers must update their
ARC and PLC, and producers have the
that eligible producers of covered
contract within one year if any changes
option to sign a multi-year contract for
commodities with base acres must
are made to the farm operation. USDA
the ARC and PLC programs.
execute and submit an ARC or PLC
shall provide a notice to each producer
(§1706(b))
program contract not later than June 1
(filing a contract) that includes other
of the applicable year for each of 2016
USDA reporting requirements. (§1612)
through 2018 fiscal year contracts.
(7 C.F.R. §1412.41)
Price Loss Coverage (PLC) Program

PLC. Establishes the PLC program for
Requires the Secretary to make PLC
Extends the PLC program through 2023. Identical to House provision.
crop years 2014-2018. PLC payments
payments on a covered-commodity-by-
(§1103(1))
(§1106(1)(D))
are made on a farm where the owners
covered-commodity basis where all of
have unanimously elected to participate
the producers on a farm have elected
in PLC on a covered commodity-by-
PLC for crop years 2019-2023 when the
covered-commodity basis if the effective effective price for a crop year is less
price is less than the reference price.
than the effective reference price.
(7 U.S.C. 9016(a))
(§1116(a))
PLC Effective Price
Effective price. The higher of (1) the
Same as current law. (§1116(b))
Continues current law.
Continues current law.
“national average market price received
by producers during the 12-month
marketing year” for the covered
commodity, as determined by the
Secretary, or (2) the national average
loan rate for a marketing assistance loan.
(7 U.S.C. 9016(b))
CRS-48

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Effective price for barley. The all-
Same as current law. (§1116(f))
Continues current law.
Continues current law.
barley price. (7 U.S.C. 9016(f))
Effective price for seed cotton. The
Same as current law.
Continues current law.
Continues current law.
MYAP for seed cotton, calculated as the
quotient obtained by dividing (A) the
sum obtained by adding (i) the product
of the upland cotton lint MYAP and total
U.S. upland cotton lint production,
measured in pounds, and (i ) the
product of the cottonseed MYAP and
total U.S. cottonseed production,
measured in pounds; by (B) the sum of
total U.S. upland cotton lint production
and total U.S. cottonseed production,
both measured in pounds.
(7 U.S.C. 9016(h))
Reference price for temperate
Reference price for temperate
Continues current law.
Identical to House provision.
japonica rice. The Secretary shall
japonica rice. To reflect price
(§1106(3))
provide a reference price with respect
premiums, the reference price for
to temperate japonica rice in an amount
temperate japonica rice equals $14.00
equal to 115% of the amount established per cwt., as adjusted by the formula for
for long grain and medium grain rice in
calculating the effective reference price
order to reflect price premiums.
(Section 1111(17)) multiplied by the
(7 U.S.C. 9016(g))
ratio of the simple average of the MYAP
of medium-grain rice from crop years
2012-2016 divided by the simple average
of the MYAP of all rice from crop years
2012-2016. (§1116(g))
CRS-49

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
PLC Payment Rate and Payment Amount

PLC payment rate. The difference
Defines the PLC payment rate for each
Continues current law.
Similar to the House provision with an
between the reference price in statute
covered commodity, for the crop years
amendment. Not later than 30 days
and the MYAP or loan rate, if higher.
2019 through 2023, as the difference
after the end of each applicable 12-
(7 U.S.C. 9016(c))
between the effective reference price
month marketing year for each covered
and the effective price for a crop year,
commodity, the Secretary shall publish
when the effective price is lower.
the PLC payment rate. (§1106(2)(B))
(§1116(c))
PLC payment amount. If PLC
If PLC payments for a covered
Continues current law.
Continues current law.
payments for a covered commodity are
commodity are triggered for any of crop
triggered for any of crop years 2014-
years 2019-2023, the payment amount
2018, the payment amount equals the
equals the payment rate times payment
payment rate times payment acres times acres times payment yield. (§1116(d))
payment yield. (7 U.S.C. 9016(d))
Timing of PLC payment. Payments
Same as current law. (§1116(e))
Not later than 30 days after the end of
Identical to Senate provision regarding
shall be made beginning October 1, or
each applicable 12-month marketing
timing but with an additional provision
as soon as practicable thereafter, after
year for each covered commodity, the
for insufficient data.
the end of the applicable marketing year
Secretary shall publish the PLC payment
Insufficient data. In the case of a
for the covered commodity. (7 U.S.C.
rate. (§1103(2))
covered commodity for which the
9016(e))
Secretary cannot determine the
payment rate for the most recent 12-
month marketing year by the date
described above due to insufficient
reporting of timely pricing data by one
or more nongovernmental entities, the
Secretary shall publish the payment rate
as soon as practicable after the
marketing year data are made available.
(§1106(2)(D))
Agricultural Risk Coverage (ARC) Program
ARC. Establishes the ARC program as
Requires the Secretary to make ARC
Extends both the county- and individual-
Identical to Senate provision. (§1107)
either a county-level, commodity-
payments if all of the producers on a
level ARC programs through 2023.
specific ARC or an individual whole-
farm have elected ARC for crop years
Requires that payments are to be based
farm ARC. Under the “producer
2019-2023 if a covered commodity’s
CRS-50

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
election” (7 U.S.C. 9015), producers
crop-year actual crop revenue is less
on the physical location of the farm.
may select county-level ARC or PLC on
than its ARC guarantee. (§1117(a))
(§1104(1))
a commodity-by-commodity basis for
(Refers only to the county-level ARC.
each farm or select individual farm-level
Does not include the individual ARC
ARC for all covered commodities on
coverage option, thus the individual
the farm.
ARC program would expire at the end
ARC payments for a crop year are
of the 2018 crop year.)
triggered if the actual crop revenue is
less than its ARC guarantee. Both the
actual crop revenue and ARC guarantee
are calculated differently based on the
producer’s election choice: either
county- or farm-level ARC.
(7 U.S.C. 9017(a))
Actual crop revenue. The actual crop Defines actual crop revenue specific to
Continues current law.
Continues current law.
revenue varies with the choice of
county-level ARC for a crop year for a
county-level or farm-level ARC.
covered commodity as the product of
County coverage for a crop year of a
the actual average county yield per
covered commodity: actual crop
planted acre for a covered commodity
revenue per acre equals the actual
times the higher of the MYAP or the
average county yield per planted acre
national average marketing assistance
for a covered commodity times the
loan rate. (§1117(b))
higher of the MYAP, or the national
By omission, individual (farm-level) ARC
average marketing assistance loan rate.
expires at the end of the 2018 crop
Individual (farm-level) coverage.
year.
Actual crop revenue per acre is the
producer’s share of the aggregated
revenue per acre for all covered
commodities planted on all farms for
which individual coverage has been
selected. Actual crop revenue per acre
equals the sum of covered commodity
revenue (total production of each
covered commodity on such farms times
the higher of (i) the MYAP or (ii) the
national average loan rate) divided by
CRS-51

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
the total planted acres of all covered
commodities on such farms.
(7 U.S.C. 9017(b))
ARC revenue guarantee. ARC
Same as current law. (§1117(c))
Continues ARC program as in current
Identical to Senate provision.
guarantee per acre equals 86% times the By omission, individual (farm-level) ARC law through 2023. (§1104(1))
(§1107(1)(A)-(B))
benchmark revenue. The benchmark
expires at the end of the 2018 crop
revenue varies with the choice of
year; only the county-level ARC is
county-level or individual (farm-level)
extended through 2023.
ARC.
For county ARC coverage for a covered
commodity for a crop year, benchmark
revenue per acre equals the recent five-
year average county yield (excluding the
years with the highest and lowest yields,
or “Olympic average”) times the
covered commodity’s Olympic MYAP
for the most recent five crop years.
For individual ARC coverage for a crop
year, benchmark revenue is based on
the producer’s share of all covered
commodities planted on all farms for
which individual coverage has been
selected and in which the producer has
an interest. Benchmark revenue is the
summation of Olympic five-year average
revenue for each covered commodity
aggregated across all farms with
individual coverage, adjusted to reflect
current-year planted acreage shares by
covered commodity.
(7 U.S.C. 9017(c))
No comparable provision.
No comparable provision.
Trend-adjusted yields. Includes a
Identical to Senate provision.
trend-adjustment for both the average
(§1107(1)(C)-(E))
historical county yield (i.e., the 5-year
Olympic MYAP) and the actual average
county yield per planted acre for the
CRS-52

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
county, crop, and year in question. The
yield adjustment should not exceed the
trend-adjusted yield factor used to
increase yield history under the federal
crop insurance endorsement for that
crop and county. (§1104(2)(E))
Yield plugs in ARC actual revenue
Same as current law. (§1117(c)(3))
Effective for the 2019 through 2023
Effective for the 2019-2023 crop years,
and revenue guarantee
crop years, if, for the covered
if, for the covered commodity for any of
calculations. If, for the covered
commodity for any of the five most
the five most recent crop years, the
commodity for any of the five most
recent crop years, the yield per planted
yield per planted acre or historical
recent crop years, the yield per planted
acre or historical county yield per
county yield per planted acre is less than
acre or historical county yield per
planted acre is less than 75% of the
80% of the transitional yield, then 80%
planted acre is less than 70% of the
transitional yield, then 75% of the
of the transitional yield shall be used for
transitional yield, then 70% of the
transitional yield shall be used for those
those years. (§1107(2)(C))
transitional yield shall be used for those
years. (§1104(2)(C))
years. (7 U.S.C. 9017(c)(4))
Reference price in ARC revenue
Same as current law. (§1117(c)(4))
Continues current law.
Effective reference price in lieu of
guarantee. The reference price is used
low national average market price.
if the MYAP for any of the five most
For crop years 2019-2023, if the
recent crop years is lower than the
national average market price received
reference price. (7 U.S.C. 9017(c)(5))
by producers during the 12-month
marketing year for any of the five most
recent crop years is lower than the
effective reference price (defined under
§1101(8)) for the covered commodity,
the Secretary shall use the effective
reference price for those years in
calculating the ARC revenue guarantee.
(§1107(2)(F))
ARC payment rate. The payment
The payment rate for a covered
Continues current law.
Continues current law.
rate for a covered commodity, in the
commodity is equal to the lesser of (1)
case of either county coverage or
the amount that the ARC guarantee
individual coverage, is equal to the lesser exceeds the actual crop revenue for the
of (1) the amount that the ARC
crop year or (2) 10% of the benchmark
guarantee exceeds the actual crop
revenue for the crop year. (§1117(d))
revenue for the crop year or (2) 10% of
CRS-53

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
the benchmark revenue for the crop
year. (7 U.S.C. 9017(d))
ARC payment amount. If ARC
If ARC payments are required to be paid Extends ARC payments through crop
Identical to Senate provision.
payments are required to be paid for
for any of the 2019-2023 crop years,
year 2023. (§1104(4))
(§1107(4))
any of the 2014-2018 crop years, then
then the payment amount equals the
the payment amount equals the payment payment rate times the payment acres.
rate times the payment acres. (7 U.S.C. (§1117(e))
9017(e))
Timing of ARC payments. Payments
Same as current law. (§1117(f))
Not later than 30 days after the end of
Identical to Senate provision.
shall be made beginning October 1, or
each applicable 12-month marketing
(§1107(3)(D))
as soon as practicable thereafter, after
year for each covered commodity, the
the end of the applicable marketing year
Secretary shall publish the ARC payment
for the covered commodity. (7 U.S.C.
rate. (§1104(3))
9017(f))
Additional duties of the Secretary.
Sets forth additional duties of the
Continues additional duties of the
Continues additional duties of the
In providing ARC, the Secretary shall, to Secretary, including using available
Secretary as in current law with an
Secretary as in current law with an
the maximum extent practical: (1) use all information and analysis to check for
additional specification regarding the
additional specification regarding county
available information and analysis,
anomalies in the determination of ARC
determination of the actual or
yield determinations as fol ows:
including data mining, to check for
payments; calculating a separate actual
benchmark county yield under county
Separate yields for irrigated and
anomalies in the determination of ARC
crop revenue and agriculture risk
coverage as fol ows.
nonirrigated land. In providing ARC,
payments, (2) calculating a separate
coverage guarantee for irrigated and
USDA shall consider a one-time request the Secretary shall calculate a separate
actual crop revenue and ARC guarantee
nonirrigated covered commodities;
to calculate separate yields for irrigated
actual crop revenue and agriculture risk
for irrigated and nonirrigated covered
assigning an actual or benchmark county and nonirrigated acres in determining
coverage guarantee for irrigated and
commodities, (3) for individual coverage, yield for planted acres for a covered
the ARC revenue guarantee and the
nonirrigated covered commodities.
if the Secretary determines that the
commodity for a crop year using first
actual revenue if, during the 2014
(§1107(5)(A))
farm has planted acreage in a quantity
Risk Management Agency data, if
through 2018 crop years: (A) an average
that is insufficient to calculate a
sufficient, or, second, other sources of
Prioritize RMA data. Effective for the
of not less than 5% of the planted and
representative average yield for the
data as determined by the Secretary, or,
2019-2023 crop years, in the case of
considered planted acreage of a covered
farm, then the Secretary wil assign an
third, the yield history of representative
county coverage the Secretary shall
commodity in the county was irrigated;
average yield for a farm on the basis of
farms in the state, region, or crop
assign an actual or benchmark county
and (B) an average of not less than 5%
the yield history of representative farms
reporting district; and making payments
yield for each planted acre for the crop
was nonirrigated. (§1104(6))
in the state, region, or crop reporting
using the payment rate of the county of
year for the covered commodity—
district, as determined by the Secretary;
the physical location of the base acres of Effective for the 2019 through 2023
(A) where county data col ected by the
and (4) for county coverage, if the
a farm. (§1117(g))
crop years, in the case of county
Risk Management Agency (RMA) are
Secretary cannot establish the actual or
coverage the Secretary shall:
sufficient to offer a county-wide
benchmark county yield for each planted
insurance product, using the actual
CRS-54

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
acre for a crop year for a covered
(A) assign an actual county yield for each average county yield determined by
commodity in the county, or the yield is
planted acre for the crop year for the
RMA (i.e., prioritize RMA data in the
an unrepresentative average yield for
covered commodity by giving priority to calculation of both the guarantee and
the county, then the Secretary is to
(1) the use of actual county yields to the actual yield in each county); or
assign an actual or benchmark county
maximum extent practicable from a
(B) for any other county using: (i) other
yield for each planted acre for the crop
single source of data that provides the
sources of yield information, as
year for the covered commodity on the
greatest national coverage of county-
determined by USDA; or (ii) the yield
basis of the yield history of
level data; (2) the use of a source of
history of representative farms in the
representative farms in the state, region,
data that may be used to determine an
state, region, or crop reporting district,
or crop reporting district, as
average actual and benchmark county
as determined by USDA.
determined by the Secretary.
yield for the same county; and (3) for a
(§1107(5)(D))
(7 U.S.C. 9017(g))
county not included in any data source
identified under (1) or (2), use other
sources of county yield information or
the yield history of representative farms
in the state, region, or crop reporting
district, as determined by the Secretary;
and
(B) for a farm with base acres that cross
county boundaries, prorate the base
acres based on the share in each county,
and calculate the crop revenue in a
similar prorated manner. (§1104(5))
No comparable provision.
No comparable provision.
Reporting requirements. USDA shall Identical to Senate. (§1107(6) “(h)”)
publish, for each covered commodity in
each county, the county risk coverage
guarantee, average historical county
yield, and national average market price
for each covered commodity in each
county, not later than 30 days after the
end of each applicable 12-month
marketing year. In the event of
insufficient data for a covered
commodity, USDA shall rely on data
from nongovernmental sources and
publish the ARC data components
CRS-55

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
within 60 days of the end of the
marketing year.
Similarly, USDA shall publish actual
average county yield estimates by
covered commodity including sources of
data and information on any USDA
evaluations of that data.
(§1104(6) “(i)”)
No comparable provision.
No comparable provision.
Administrative units. Amends
Identical to the Senate provision but
current law to allow, under certain
amended as fol ows: The requirement
circumstances, for the division of a
that a state be larger than 140,000
county into two separate administrative
square miles is deleted, the number of
units for determining ARC payments. To counties that may be divided is limited
be eligible, a county must be: (1) larger
to 25, and preference is given to the
than 1,400 square miles; (2) contained
division of counties with greater
within a state that is larger than 140,000 variation in climate, soils, and expected
square miles; and (3) contains more than productivity between the proposed
190,000 base acres. Prior to any ARC
administrative units. (§1107(6) “(i)”)
payments for the 2019 crop, the FSA
state committee, in consultation with
the FSA county committee, may make a
one-time election to divide a county
into two administrative units to better
reflect differences in weather patterns,
soil types, or other factors. The election
is in effect for the 2019 through 2023
crop years. (§12611)
Producer Agreements
Producer agreements. The Secretary Same as current law. (§1118(a))
Continues current law.
Continues current law.
may require producers agree to comply
with certain provisions in exchange for
receiving payments, issue rules to
ensure compliance, and modify
compliance requirements.
CRS-56

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Eligibility for PLC and ARC payments
and marketing loans requires producers
to comply with conservation and
wetland protection, control noxious
weeds, maintain sound agricultural
practices, and use the farm’s land
attributable to base acres for agricultural
or conserving use and not for
nonagricultural commercial, industrial,
or residential use as determined by the
Secretary. (7 U.S.C. 9018(a))
Termination of payments. A
Same as current law. (§1118(b))
Continues current law.
Continues current law.
transfer of or change in the interest of
the producers on a farm wil result in
the termination of payments unless the
transferee or owner agrees to assume
all compliance obligations. An exception
to payment termination is made for
producers who die or become
incapacitated. (7 U.S.C. 9018(b))
Annual acreage reports. Eligibility for Same as current law. (§1118(c))
Continues current law.
Continues current law.
PLC and ARC payments and marketing
loans requires producers to submit
annual acreage reports. (7 U.S.C.
9018(c))
Eligibility for ARC payments for
Eliminates the additional reporting
Continues current law.
Continues current law.
individual (i.e., the whole-farm, farm-
requirement for producers participating
level) coverage (as opposed to the crop-
in the individual ARC coverage program.
specific, county-level ARC program)
requires a producer to submit annual
production reports for each covered
commodity that is covered by the farm’s
ARC individual program—as produced
on all farms in the same State. (7
U.S.C. 9018(d))
CRS-57

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Effect of inaccurate reports. No
Same as current law. (§1118(d))
Continues current law.
Continues current law.
penalties (with respect to benefits under
PLC, ARC, or marketing loans) can be
assessed against a producer for an
inaccurate acreage or production report
unless the Secretary determines that the
producer knowingly and wil ful y falsified
the report. (7 U.S.C. 9018(e))
The Secretary shall provide adequate
Same as in current law. (§1118(e-f))
Continues current law.
Continues current law.
safeguards to protect the interests of
tenants and sharecroppers and shall
provide for the sharing of payments
among producers on a farm. (7 U.S.C.
9018(f-g))
Transition Assistance for Producers of Upland Cotton
Cotton Transition Assistance
No provision.
Cotton Transition Assistance Payments
Identical to Senate provision. (§1108a)
Payments. Transition payments are
are repealed. (§1105)
made available for upland cotton for the
2014 crop year (and for 2015 if STAX is
not yet available—see Title XI). Payment
equals program yield (divided by the
national yield of 597 pounds per acre)
times transition assistance rate times
payment acres. Transition rate is based
on cotton price decline between June
2013 and December 2013. Payment
acres in 2014 equal 60% of 2013 cotton
base acres and 36.5% in 2015. (7
U.S.C. 9019)
Nonrecourse Marketing Assistance Loan Program
Nonrecourse marketing loans are
Authorizes nonrecourse loans for loan
Extends nonrecourse marketing
Identical to Senate provision. (§1201)
available for any amount of loan of a
commodities for 2019-2023 crop years
assistance loans for all loan commodities
loan commodity (see list below)
in the same manner as current law.
(including peanuts) through crop year
produced in crop years 2014-2018. To
(§1201)
2023. (§1201(a)-(c))
CRS-58

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
receive a marketing assistance loan, a
producer must comply with applicable
conservation and wetland protection
requirements during the term of the
loan. (7 U.S.C. 9031)
Peanuts nonrecourse marketing
Same as current law. (§1201(e))
Continues current law.
Continues current law.
loans, authorized separately, may be
obtained through a marketing
cooperative or association approved by
USDA. Storage to be provided on a
nondiscriminatory basis and under any
additional requirements. USDA shall pay
storage, handling, and other associated
costs incurred for peanuts placed under
loan. Such costs must be repaid if the
peanuts under loan are redeemed but
not if forfeited. (7 U.S.C. 9031(e))
Loan commodities and loan rates.
Continues the loan rates for
Extends the statutory loan rates for
Similar to House provision but with
For crop years 2014-2018, the loan rate
commodities in current law for the
nonrecourse marketing assistance loans
additional specification that, for crop
for a nonrecourse marketing assistance
2019-2023 crop years, except for
through crop year 2023. (§1201(b))
years 2019-2023, the loan rate for a
loan for each loan commodity is as
establishing a loan rate for seed cotton
nonrecourse marketing assistance loan
fol ows:
of $0.25 per lb. (§1202(c)), establishing
for each loan commodity is as fol ows:
•
a floor of no more than 2% on any

Wheat, $2.94 per bu.
•
Wheat, $3.38 per bu.
downward adjustment to the upland
•
Corn, $1.95 per bu.
cotton loan rate (described below in
•
Corn, $2.20 per bu.
•
Grain sorghum, $1.95 per bu.
(§1202(a)(6))), and an upward
•
Grain sorghum, $2.20 per bu.
•
adjustment to the ELS cotton loan rate

Barley, $1.95 per bu.
•
Barley, $2.50 per bu.
to $0.95 per lb. (§1202(a)(7)).
•
Oats, $1.39 per bu.
•
Oats, $2.00 per bu.
•
ELS cotton, $0.7977 per lb.
•
ELS cotton, $0.95 per lb.
•
Long-grain rice, $6.50 per cwt.
•
Long-grain rice, $7.00 per cwt.
•
Medium-grain rice, $6.50 per cwt.
•
Medium-grain rice, $7.00 per cwt.
•
Soybeans, $5.00 per bu.
•
Soybeans, $6.20 per bu.
•
Other oilseeds, $10.09 per cwt. for
•
Other oilseeds, $10.09 per cwt. for
sunflower seed, rapeseed, canola,
sunflower seed, rapeseed, canola,
CRS-59

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
safflower, flaxseed, mustard seed,
safflower, flaxseed, mustard seed,
crambe, sesame seed, or any other
crambe, sesame seed, or any other
oilseeds designated by the
oilseeds designated by the
Secretary.
Secretary.
•
Dry peas, $5.40 per cwt.
•
Dry peas, $6.15 per cwt.
•
Lentils, $11.28 per cwt.
•
Lentils, $13.00 per cwt.
•
Small chickpeas, $7.43 per cwt.
•
Small chickpeas, $10.00 per cwt.
•
Large chickpeas, $11.28 per cwt.
•
Large chickpeas, $14.00 per cwt.
•
Graded wool, $1.15 per lb.
•
Graded wool, $1.15 per lb.
•
Nongraded wool, $0.40 per lb.
•
Nongraded wool, $0.40 per lb.
•
Mohair, $4.20 per lb.
•
Mohair, $4.20 per lb.
•
Honey, $0.69 per lb.
•
Honey, $0.69 per lb.
•
Peanuts, $355 per ton.
•
Peanuts, $355 per ton.
(7 U.S.C. 9032)
(§1202)
Upland cotton loan rate. The simple
The simple average of the adjusted
Continues current law.
Identical to the House provision.
average of the adjusted prevailing world
prevailing world price for the two
(§1202)
price for the two immediately preceding immediately preceding marketing years
marketing years but in no case less than
but in no case more than $0.52 per lb.
$0.45 per lb. or more than $0.52 per lb.
nor less than $0.45 per lb. or an amount
(announced October 1 preceding the
equal to 98% of the loan rate for the
next domestic plantings).
preceding year (announced October 1
(7 U.S.C. 9032(a)(6))
preceding the next domestic plantings).
(§1202(a)(6))
Single county loan rate for other
Same as current law. (§1202(b))
Continues current law.
Continues current law.
oilseeds is established in each county
for each other kind of oilseed.
(7 U.S.C. 9032(b))
Seed cotton loan rate. Only for
Same as in current law. (§1202(c))
Continues current law.
Continues current law.
implementation of the PLC and ARC
programs, the loan rate for seed cotton
is deemed to be $0.25 per lb. This does
not authorize a seed cotton
CRS-60

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
nonrecourse marketing loan.
(7 U.S.C. 9032(c))
Term of loans. Nine months after the
Same as current law. (§1203)
Continues current law.
Continues current law.
day the loan is made. Extensions
prohibited. (7 U.S.C. 9033)
Repayment of loans. Loans may be
Same as current law. (§1204(a))
Continues current law.
Continues current law.
repaid at the lesser of (1) the loan rate
plus interest, (2) a rate based on average
market prices during the preceding 30-
day period, or (3) a rate determined by
USDA that wil minimize forfeitures,
accumulation of stocks, storage costs,
market impediments, and discrepancies
in benefits across states and counties.
Excludes upland cotton, rice, extra-long
staple (ELS) cotton, confectionery, and
each kind of sunflower seed (other than
oil sunflower seed). (7 U.S.C.
9034(a))
Special repayment rates. For upland
Same as current law. (§1204(b,c,f))
Continues current law.
Continues current law.
cotton, long-grain rice, and medium-
grain rice, repayment may be at the
lesser of the loan rate plus interest or
the prevailing world price for the
commodity adjusted to U.S. quality and
location. (7 U.S.C. 9034(b)) ELS
cotton repayment rate is the loan rate
plus interest. (7 U.S.C. 9034(c)) For
confectionery and each kind of
sunflower seed (other than oil
sunflower seed), loans must be repaid at
the lesser of the loan rate plus interest
or the repayment rate for oil sunflower
seed. (7 U.S.C. 9034(f))
CRS-61

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Prevailing world market price. The
Same as current law. (§1204(d,e))
Continues current law for repayment of
Continues current law.
Secretary shall prescribe by regulation a
marketing assistance loans for each of
The adjustments to the prevailing world
formula to determine the prevailing
upland cotton, long-grain rice, and
market price for upland cotton as used
world market price for each of upland
medium-grain rice.
to determine the repayment rate of
cotton, long-grain rice, and medium-
Extends current law for adjustments to
marketing assistance loans are extended
grain rice and a mechanism to announce
the prevailing world market price for
through July 31, 2024. (§1201(b)(1))
periodically prevailing world market
upland cotton as used to determine the
prices. (7 U.S.C. 9034(d)) Provides
repayment rate of marketing assistance
explicit market conditions to USDA for
loans through crop year 2023.
adjustments to the prevailing world
(§1201(c)(1))
market price for quality and location
(both rice and upland cotton) and
additionally the potential for loan
forfeitures (upland cotton).
(7 U.S.C. 9034(e))
Payment of cotton storage costs.
Extends current law for crop years
Same as House provision.
Identical to House and Senate
For each of crop years 2014-2018, the
2019-2023. (§1204(g))
(§1201(c)(2))
provisions. (§1201(b)(2))
Secretary shall make cotton storage
payments available in the same manner
and at the same rates as the Secretary
provided storage payments for the 2006
crop of cotton, except that the rates
shall be reduced by 10%.
(7 U.S.C. 9034(g))
Repayment rate for peanuts. Loans
Same as current law. (§1204(h))
Continues current law.
Continues current law.
may be repaid at the lesser of (1) the
loan rate plus interest or (2) a rate
determined by USDA that wil minimize
forfeitures, accumulation of stocks,
storage costs, market impediments, and
discrepancies in benefits across states
and counties. (7 U.S.C. 9034(h))
Authority to temporarily adjust
Same as current law. (§1204(i))
Continues current law.
Continues current law.
repayment rates. USDA may
temporarily, and on a short term basis
only, adjust the repayment rates in the
CRS-62

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
event of a severe disruption to
marketing, transportation, or related
infrastructure. (7 U.S.C. 9034(i))
Loan deficiency payments (LDPs).
Extends current law for crop years
Extends current law for loan deficiency
Extends current law through crop year
For the crop years 2014-2018, USDA
2019-2023. (§1205)
payments through crop year 2023.
2023. (§1201(c)(1))
makes available LDPs to producers who
(§1201(d)(1))
agree to forego marketing loans. An
Repeals loan deficiency payments for
LDP is computed by multiplying the
nongraded wool in the form of unshorn
payment rate (the amount that the loan
pelts. (§1202)
rate exceeds the rate at which a
marketing loan may be repaid) for the
commodity times the quantity of the
commodity produced. LDPs are
available for unshorn pelts or hay and
silage, even though they are not eligible
for marketing loans. ELS cotton is not
eligible. Payment rates determined using
the rate in effect as of the date that
producers request payment. (Producers
do not need to lose beneficial interest.)
(7 U.S.C. 9035)
Payments in lieu of LDPs are
Extends current law for crop years
Extends current law for payments in lieu Extends current law through crop year
available for grazed acreage of
2019-2023. (§1206)
of loan deficiency payments (and
2023. (§1201(c)(2))
wheat, barley, oats, or triticale if a
ineligibility for crop insurance or
producer forgoes harvesting any crop
noninsured crop assistance) for grazed
from that acreage. Crop production on
acreage through crop year 2023.
the grazed acreage is not eligible for
(§1201(d)(2))
crop insurance or noninsured crop
assistance. (7 U.S.C. 9036)
Special marketing loan provisions
Continues both provisions in the same
Continues current law.
Continues current law.
for upland cotton. Imposes a special
manner as current law without an
import quota on upland cotton without
expiration date beginning on August 1,
an expiration date beginning on August
2019. (§1207(a,b))
1, 2014, when price of U.S. cotton,
delivered to a definable and significant
international market, exceeds the
CRS-63

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
prevailing world market price for four
weeks. (7 U.S.C. 9037(b)) Limited
global import quota is imposed on
upland cotton when U.S. prices average
130% of the previous three-year average
of U.S. prices. (7 U.S.C. 9037(b))
Economic adjustment assistance to Extends without an expiration date the
Amends current law to extend the
Extends current law (at current
users of upland cotton provides
economic adjustment assistance to users economic adjustment assistance to users $0.03/lb. rate) without an expiration
assistance to domestic users of upland
of upland cotton at the rate of $0.0315
of upland cotton at the rate of $0.03 per date but changes the subsection heading
cotton for uses of all cotton regardless
per lb. (§1207(c))
lb. through July 31, 2021. There are
of current law to “Economic
of origin to acquire, construct, install,
authorized to be appropriated such
Adjustment Assistance for Textile Mil s.”
modernize, develop, convert, or expand
sums as are necessary to carry out this
(§1203(b))
land, plant, buildings, equipment,
program. For subsequent years, the
Repeals a redundant authority in
facilities, or machinery. Rate is $0.03 per
program is extended at the same
7 U.S.C. 8737(c). (§1203(a))
lb. effective beginning August 1, 2013.
payment rate but subject to funding
(7 U.S.C. 9037(c))
availability through annual
appropriations. (§1203)
Special competitive provisions for
Continues the authorization through
Extends current law for special
Identical to House provision. (§1204)
ELS cotton. Payments to domestic
July 31, 2024, of the special competitive
competitiveness provisions for extra-
users and exporters are triggered
provisions for ELS cotton but adjusts
long staple cotton through crop year
whenever the world market price for
the payment trigger to whenever the
2023. (§1201(d)(3))
the lowest priced ELS cotton is below
world market price for the lowest
the prevailing U.S. price for a competing
priced ELS cotton is below the
growth of ELS cotton for a four-week
prevailing U.S. price for a competing
period and the lowest priced competing
growth of ELS cotton for a four-week
growth of ELS cotton is less than 134%
period and the lowest priced competing
of the loan rate for ELS cotton. Effective growth of ELS cotton is less than 113%
through July 31, 2019. Payments equal
of the loan rate for ELS cotton. This
the difference between the trigger
adjustment reflects the increase in the
prices (above) times the amount
ELS cotton loan rate. (§1208)
purchased by domestic users or
exported by exporters in the week
fol owing the four-week trigger period.
(7 U.S.C. 9038)
Availability of recourse loan. For
Continues the authorization for
Extends current law for the availability
Identical to the House provision.
crop years 2014-2018, recourse loans
recourse loans for certain crops for the
of recourse loans for high-moisture feed (§1205)
CRS-64

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
for high-moisture feed grains and seed
2019-2023 crop years in same manner
grains and seed cotton through crop
cotton are available for farms that
as current law except for the addition of year 2023. (§1201(d)(4))
normally harvest corn or sorghum in a
a provision providing for recourse loans
high-moisture condition at rates set by
for commodities that are contaminated
the USDA. For recourse loans for seed
but stil merchantable. (§1209)
cotton, repayment is at loan rate plus
interest. (7 U.S.C. 9039)
Adjustment of loans. Adjustments
Continues the authorization to adjust
Continues current law.
Continues current law.
are authorized for any commodity
loan rates in the same manner as
(other than cotton) based on differences current law except for the inclusion of
in grade, type, quality, location, and
cost-saving option authority for the
other factors. Allows county loan rates
Secretary that requires the
as low as 95% of the U.S. average if it
consideration of methods that minimize
does not increase outlays. Prohibits
the potential for loan forfeitures.
adjustments that would increase the
(§1210)
national average loan rate. For cotton,
loan rates may be adjusted for
differences in quality factors (made after
consultation with the U.S. cotton
industry). For rice, loan rates may be
adjusted for differences in grade and
quality (including mil ing yields). (7
U.S.C. 9040)
Sugar Program
Price support program. Requires
Same as current law except that all
Same as House provision (§1301).
Similar to the House provision but with
USDA to the maximum extent
price-support-related provisions,
For feedstock flexibility program. (See
an amendment that increases the price
practicable to operate the sugar
including loan rates and flexible
§9109)
support loan rates for domestically
nonrecourse loan program at no net
marketing allotments are extended
grown sugar for crop years 2019-2023.
cost by avoiding loan forfeitures to the
through the 2023 crop year. (§1301)
The loan rate available to processors of
CCC (i.e., no outlays recorded). (7
Extends the feedstock flexibility
domestically grown raw cane sugar is
U.S.C. 7272 (f)) Directs USDA to
program (i.e., sugar-to-ethanol program)
increased by $0.01 per lb. to $0.1975
maintain market prices above loan rates
through 2023 crops. (See §6409)
cents per lb. This simultaneously has the
by (1) limiting amount of sugar that
effect of raising the loan rate for refined
processors of sugar beets and sugarcane
beet sugar by $0.0128 cents per lb. to
sell into the U.S. market under
$0.2537 cents per lb. (§1301)
marketing allotments (see Flexible
CRS-65

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Marketing Allotments below), (2)
Feedstock flexibility program is identical
restricting imports tariff-rate quotas,
to House provision. (See §9009)
and (3) operating the feedstock
flexibility program for bioenergy
producers (i.e., sugar-to-ethanol
program) under specified conditions. (7
U.S.C. 1359aa et seq., 7 U.S.C.
8110)
Maintains sugar loan rates through the
2018 crop year at $0.1875 per lb. for
raw cane sugar and $0.2409 per lb. for
refined beet sugar. Continues other
provisions found in prior law. (7 U.S.C.
7272 (a, b, c, d, e, g, h, i))
Extends flexible marketing allotments
for sugar, which limits amount of sugar
food that processors can sell into the
domestic market for human
consumption each year, which is divided
between sugarcane and sugar beet
sectors, and then allocated to individual
processors. Requires USDA each year
to set the overall allotment quantity at
not less than 85% of estimated U.S.
human consumption. (7 U.S.C.
1359aa-1359jj, 1359ll)
Dairy Programs
No comparable provision.
Review of data used in calculation
No comparable provision.
Identical to the House provision.
of average feed cost. No later than
(§1401(a))
60 days from enactment, USDA is to
provide the House Committee on
Agriculture and the Senate Committee
on Agriculture, Nutrition, and Forestry
a report that evaluates whether the
average feed costs used to calculate
CRS-66

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
dairy margins are representative of
actual feed costs. (§1401(a))
No comparable provision.
Corn silage report. No later than one No comparable provision.
Identical to the House provision.
year from enactment, USDA is to
(§1401(b))
provide the committees a detailed
report on the cost for dairies to use
corn silage as feed and the difference
between the feed cost of corn silage and
corn. (§1401(b))
No comparable provision.
Collection of alfalfa hay data. Not
No comparable provision.
Identical to the House provision.
later than 120 days from enactment, the
(§1401(c))
USDA National Agricultural Statistics
Service is to revise monthly price survey
reports to include the prices for high-
quality alfalfa hay for the top five milk-
producing states, by volume, in the
month prior to the reported monthly
price. (§1401(c))
Subtitle D—Dairy, Part I—Margin
Amends the heading to read “Part I—
Amends the heading to read “Part I—
Similar to House provision but amends
Protection Program for Dairy
Dairy Risk Management Program for
Dairy Risk Coverage.” (DRC)
the name of the program to Dairy
Producers. (Agricultural Act of 2014
Dairy Producers.” (DRMP)
(§1401(a))
Margin Coverage (DMC) to replace
(P.L. 113-79))
(§1401(i)(1))
Margin Protection Program (MPP).
(§1401(k)(1))
Definitions. Section 1401 of the
Deletes paragraphs 5 and 6 of 7 U.S.C.
Similar to House provision. Replaces the Similar to House provision but amends
Agricultural Act of 2014 (P.L. 113-79)
9051 and inserts new paragraphs that
term margin protection program where it
the name of the program to DMC.
defines certain terms of the dairy MPP.
define the DRMP as the program
appears and inserts dairy risk coverage.
(§1401(k)(2))
(7 U.S.C. 9051)
required in Sections 1403 and 1406 of
P.L. 113-79. Deletes the term margin
protection in paragraphs 7 and 8 of the
section. (§1401(i)(2))

No comparable provision.
Amends the section by adding
No comparable provision.
catastrophic coverage defined as 40% of
production history of participating dairy
operations. (§1401(b))
CRS-67

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Calculation of actual dairy
Amends the section by striking margin
Amends the section by striking margin
Similar to House provision but amends
production margin. Calculates the
protection and inserting dairy risk
protection and inserting dairy risk
the name of the program to DMC.
margin for the MPP as the difference
management. (§1401(i)(3))
coverage. (§1401(c))
(§1401(k)(3))
between the feed cost and all-milk price.
(7 U.S.C. 9052(b)(1))
Establishment of MPP for dairy
The section heading is amended by
The section heading is amended to Dairy Similar to Senate provision but amends
producers. Requires USDA to
deleting Establishing Margin Protection and Risk Coverage Administration. Requires
the provision to specify that existing
establish and administer the MPP no
inserting Dairy Risk Management. The
USDA to administer the dairy risk
MPP regulations that do not conflict
later than September 1, 2014. (7
September 1, 2014, date is struck and
coverage program beginning with 2019.
with the structure of DMC remain in
U.S.C. 9053)
replaced with The Secretary shall continue
The regulations in 7 C.F.R. 1430 (Margin place and do not need to be reissued.
to administer a dairy risk management
Protection Program for Dairy
(§1401(k)(4))
program. Margin protection payment is
Producers) in effect when the
replaced with dairy risk management
Agriculture Improvement Act of 2018
payment where it appears.
(Senate-passed H.R. 2) is enacted wil
(§1401(i)(4))
remain in effect for the dairy risk
coverage program beginning 2019.
(§1401(d))
Participation of dairy operations in
Strikes Margin Protection from section
Similar to House provision. Replaces
Similar to House provision but amends
MPP. Describes eligibility, the
heading. Replaces margin protection with
margin protection with dairy risk coverage.
the name of the program to DMC.
registration process, and the annual
dairy risk management where it appears.
(§1401(e))
(§1401(k)(5))
administrative fee to participate in MPP.
(§1401(i)(5))
(7 U.S.C. 9054)

Amends the section by adding a
No comparable provision. Instead
catastrophic coverage option that al ows
producers may choose the $4 coverage
dairy producers select catastrophic
level and pay no premium. (§1401(h))
coverage and receive a payment on 40%
of production history when the margin
is $5.00/cwt or less, instead of paying
premiums to buy a selected margin level.
Producers that select catastrophic
coverage are required to pay $200 in
administrative fees, consisting of the
original $100 fee, plus an additional
$100 fee. (§1401(e))
CRS-68

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Treatment of multi-producer dairy In multi-producer dairy operations,
No comparable provision.
Similar to House provision but adds
operations. In dairy operations with
registration information may be
Election Period for 2019 Calendar Year
more than one producer, all of the
excluded for producers with less than
provision that requires USDA to open
producers are treated as a single dairy
5% ownership or who are entitled to
an election period for DMC of no less
operation for the purposes of
less than 5% of income, revenue, profit,
than 90 days no later than 60 days after
participating in the dairy Margin
gain, loss, expenditure, deduction, or
January 1, 2019.
Protection Program (MPP). (7 U.S.C.
credit in a multi-producer operation.
Amends the provision to clarify that (1)
9054(b)(3))
The dairy risk management payment to
a multi-producer dairy wil be treated as
the multi-producer operation is reduced
a single dairy, and (2) dairy operations
by the ownership share of the excluded
may not reduce production history to
owner(s) or the percentage of income,
impact eligibility for Tier I or Tier II
revenue, profit, gain, loss, expenditure,
premiums. (§1401(d))
deduction, or credit of the excluded
owner(s), whichever is greater.
(§1401(d))
Relation to livestock gross margin
Amends the provision to allow dairy
No comparable provision.
Similar to House provision but amends
for dairy program. Dairy producers
producers to participate in the renamed
the provision to allow dairy producers
may participate in MPP or Livestock
DRMP, and the LGM-D. The dual
to participate in DMC and LGM-D on
Gross Margin-Dairy (LGM-D) but not
coverage cannot be on the same milk
the same milk. Also, producers ineligible
both programs. (7 U.S.C. 9054(d))
production. (§1401(e))
to enrol in MPP because of LGM-D
participation during any part of 2018
may retroactively sign up for MPP as
amended in the Bipartisan Budget Act of
2018 (P.L. 115-123), and USDA is to
provide a signup period of not less than
90 days. (§1401(e))
Production history. For MPP, the
Margin protection program is replaced
Replaces margin protection with dairy risk
Similar to House provision but amends
production history is equal to the
with dairy risk management program
coverage. (§1401(f))
the name of the program to DMC.
highest annual milk marketings of dairy
where it appears. (§401(i)(6))
(§1401(k)(6))
operations during any one of the three
The DRMP uses the highest annual milk
Also, amends provision to allow dairies
calendar years 2011, 2012, or 2013. In
marketings during calendar years 2011,
not in operation prior to January 1,
subsequent years, USDA shall adjust the
2012, or 2013 for production history for
2014, and which have a production
production history to reflect any
participation through 2023. USDA is to
history of one year or more, to choose
increase in the national average milk
adjust production history to reflect
marketings for any one year for their
production. Also, describes adjustments
increases in national average milk
production history. This production
to production history, elections for new
production for calendar years ending
history wil be adjusted up or down
CRS-69

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
dairy operations, and required
before January 1, 2019. (§1401(f)(1)
relative to national average milk
information to establish production
and (2))
production in 2017. (§1401(f)(1))
history in the MPP (7 U.S.C. 9055)
No comparable provision.
Limitation on changes to business
No comparable provision.
Identical to House provision.
structure. Amends 7 U.S.C. 9055 by
(§1401(f)(2))
adding a subsection that limits changes
to business structure of participating
dairy operations. USDA may not make
payments to dairy operations that
reorganize for the sole purpose of
qualifying as new dairy operations.
(§1401(f)(3))
Margin protection payments.
Dairy Risk Management replaces Margin
Similar to House provision. Strikes
Similar to House provision but amends
Participating dairy operations annually
Protection in the section heading. Strikes
margin protection in each place it appears
the name of the program to DMC.
elect coverage level thresholds and the
margin protection in each place it appears. and inserts dairy risk coverage.
(§1401(k)(7))
percentage of milk production history
Strikes Margin Protection from the
(§1401(g))
covered by margin payments. (7 U.S.C. heading of subsection (c). (§1401(i)(7))
9056)

Amends subsection (a) by deleting
No comparable provision.
No comparable provision.
annually and inserting the fol owing new
subsection:
Deadline for election; duration. Not
later than 90 days after enactment of
DRMP, participating dairies are to elect
a coverage level threshold and a
coverage percentage. This election
remains in effect for the duration of the
DRMP. (§1401(g)(1))
Participating dairy operations may elect
Amends the section by adding $8.50 and Amends the thresholds for the first 5
Similar to House provision but amends
a coverage level threshold from $4.00 to $9.00 thresholds for the first 5 mil ion
mil ion pounds of milk production by
the provision to require participating
$8.00 in $0.50 increments. (7 U.S.C.
pounds of milk production.
removing the $4.00, $4.50, $5.00, and
dairies to select coverage of $4.00 to
9056(a)(1))
(§1401(g)(2))
$5.50 threshold levels.
$9.50, in $0.50 increments, on the first
Adds $5.00 threshold level for
5 mil ion pounds of production.
catastrophic coverage.
Also, dairies that cover the first 5
mil ion pounds of production at $8.00 to
CRS-70

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Amends the coverage level thresholds
$9.50 may select coverage from $4.00
for Tier I production to $5.50 to $9.00
to $8.00 on production over 5 mil ion
as shown in the producer premium
pounds. (§1401(g))
schedule. (§1401(g)(3))
Participating dairy operations may elect
Amends the section by striking 25%.
Identical to the House provision on
Similar to House provision but amends
a coverage percentage, in 5%
Dairy operations may elect a coverage
coverage percentage.
the section to allow production
increments, from 25% to 90% of
percentage, in 5% increments, not to

coverage percentage for 5%-95% of
production history. (7 U.S.C.
exceed 90% of production history.
production history. (§1401(g))
9056(a)(2))
(§1401(g)(3))

Adds a coverage percentage of 40% for
No comparable provision.
catastrophic coverage. (§1401(g)(3))
Premiums for MPP. Describes
Dairy Risk Management replaces Margin
Strikes margin protection where is
Similar to House provision but amends
premium calculations, lists premiums for Protection in the section heading. In
appears and inserts dairy risk coverage.
the name of the program to DMC.
different coverage level thresholds and
subsection (a), dairy risk management
(§1401(h))
(§1401(k)(8))
coverage percentages, and premium
program replaces margin protection
obligations. (7 U.S.C. 9057(a))
program. Strikes subsection (e).
(§1401(i)(8))
Tier I Premiums for MPP. For the
DRMP amends the producer coverage
DRC amends the producer coverage
DMC amends the producer coverage
first 5 mil ion pounds of milk
threshold premiums, per cwt., for the
threshold premiums, per cwt, for the
threshold premiums, per cwt, for the
production, producer premiums for
first 5 mil ion pounds of milk production first 5 mil ion pounds of milk production first 5 mil ion pounds of milk production
coverage level thresholds per cwt. are
to $0 for $4.00, $0.002 for $4.50,
to $0 for $4.00, $4.50, and $5.00,
to $0 for $4.00, $0.0025 for $4.50,
$0 for $4.00, $4.50, and $5.00; $0.009
$0.005 for $5.00, $0.008 for $5.50,
$0.020 for $5.50, $0.040 for $6.00,
$0.005 for $5.00, $0.030 for $5.50,
for $5.50, $0.016 for $6.00, $0.040 for
$0.010 for $6.00, $0.017 for $6.50,
$0.070 for $6.50, $0.100 for $7.00,
$0.050 for $6.00, $0.070 for $6.50,
$6.50, $0.063 for $7.00, $0.087 for
$0.041 for $7.00, $0.057 for $7.50,
$0.120 for $7.50, $0.140 for $8.00,
$0.080 for $7.00, $0.090 for $7.50,
$7.50, and $0.142 for $8.00. (7 U.S.C.
$0.090 for $8.00, $0.120 for $8.50, and
$0.160 for $8.50, and $0.180 for $9.00.
$0.100 for $8.00, $0.105 for $8.50,
9057(b)(2); as amended by the
$0.170 for $9.00. (§1401(h)(1))
(§1401(h)(3))
$0.110 for $9.00, and $0.150 for $9.50.
Bipartisan Budget Act (P.L. 115-
(§1401(h)(1))
123))
Tier II Premiums for MPP. For milk
No comparable provision.
DRC amends the producer coverage
DRC amends the producer coverage
production in excess of 5 mil ion
threshold premiums, per cwt, for milk
threshold premiums, per cwt, for milk
pounds, producer premiums for
production in excess of 5 mil ion pounds production in excess of 5 mil ion pounds
coverage level thresholds per cwt. are
to $0 for $4.00, $4.50, and $5.00,
to $0 for $4.00, $0.0025 for $4.50,
$0 for $4.00, $0.020 for $4.50, $0.040
$0.144 for $5.50, $0.240 for $6.00,
$0.005 for $5.00, $0.100 for $5.50,
for $5.00, $0.100 for $5.50, $0.155 for
$0.420 for $6.50, $1.080 for $7.00,
$0.310 for $6.00, $0.650 for $6.50,
$6.00, $0.290 for $6.50, $0.830 for
CRS-71

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
$7.00, $1.060 for $7.50, and $1.360 for
$1.320 for $7.50, and $1.680 for $8.00.
$1.107 for $7.00, $1.413 for $7.50, and
$8.00. (7 U.S.C. 9057(c)(2))
(§1401(h)(4))
$1.813 for $8.00. (§1401(h)(2))
No comparable provision.
No comparable provision.
Small and medium farm discount.
Similar to Senate provision but amends
Tier I and Tier II premiums are
the provision to provide a 25% premium
discounted 50% for milk production
discount to any dairy that selects and
history of 2 mil ion pounds or less for
commits to coverage level and covered
participating dairies. The premiums are
production in a tier for 2019-2023. For
discounted 25% on milk production
new dairies, the discount covers the
history over 2 mil ion pounds and not
year of established production history
greater than 10 mil ion pounds.
through 2023. The selection may not be
(§1401(h)(6))
changed during the period. Dairies may
make the selections annually but wil not
receive a premium discount. (§1401(j))
No comparable provision.
No comparable provision.
Repayment of premiums. Requires
Similar to Senate provision but amends
USDA to repay premiums to dairy
the provision to clarify that dairy
operations that participated in MPP
operations must apply for repayment
during 2015-2017. Dairy operations may and select whether to take 75% of the
receive a premium repayment if their
repayment as credit for DMC premiums
amount of premiums paid exceeded the
or a 50% direct cash payment.
amount of margin payments, plus the
(§1401(i))
MPP program costs, received for a
calendar year. (§1401(g))
Time for payment of premiums.
In a technical correction, the subsection
No comparable provision.
No comparable provision.
Requires USDA to provide more than
title is amended to Method of
one method for participating dairies to
Payment of Premiums.
pay premiums to maximize payment
(§1401(h)(2))
flexibility and program integrity. (7
U.S.C. 9057(d))
No comparable provision.
Effective date. The amendments
No comparable provision.
Similar to House provision but amends
establishing the DRMP take effect 60
the effective date for DMC to January 1,
days after the date of enactment.
2019. (§1401(m))
(§1401(j))
Duration. The margin protection
Deletes margin protection and inserts
Similar to House provision. Deletes
Similar to House and Senate provisions.
program ends on December 31, 2018.
dairy risk management. Amends the end
margin protection and inserts dairy risk
Authorizes the DMC program through
(7 U.S.C. 9059)
December 31, 2023. (§1401(l))
CRS-72

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
date to December 31, 2023.
coverage. Amends the end date to
(§1401(k))
December 31, 2023. (§1401(j))
Effect of failure to pay
Strikes margin protection where it
Similar to House provision. Strikes
Similar to House provision but amends
administrative fees or premiums.
appears and replaces it with dairy risk
margin protection where it appears and
the name of the program to DMC.
Dairy operations that participate in MPP management. (§1401(i)(9))
replaces it with dairy risk coverage.
(§1401(k)(9))
are legally obligated to pay
(§1401(i))
administrative fees and premiums. They
may not receive MPP payments if
payments are in arrears. (7 U.S.C.
9058)
Administration and enforcement.
Strikes margin protection where it
Similar to House provision. Strikes
Similar to House provision but amends
The Secretary wil promulgate
appears and replaces it with dairy risk
margin protection where it appears and
the name of the program to DMC.
regulations for (1) the MPP, (2)
management. (§1401(i)(10))
replaces it with dairy risk coverage.
(§1401(k)(10))
prohibiting reconstituting dairies to
(§1401(k))
receive MPP payments, and (3)
administrative appeals. (7 U.S.C. 9060)
Repeal, Amend, and Reauthorization of Other Dairy Programs
Dairy Product Donation Program
Repeals DPDP. (§1406)
Amends DPDP by replacing it with the
Similar to Senate provision in amending
(DPDP). Requires USDA to purchase
Milk Donation Program. No later
the provision to repeal the DPDP and
dairy products at prevailing market
than 180 days from enactment, USDA is
establish a new donation program.
prices when the dairy margin (milk
required to establish and administer a
Provides mandatory funding of $9
price-feed costs) is $4.00 per cwt. or
milk donation program to (1) encourage mil ion in FY2019 and $5 mil ion in each
lower for two-consecutive months.
the donation of fluid milk; (2) provide
fol owing fiscal year to remain available
DPDP purchases end when certain
nutrition assistance to individuals in low-
until expended. (§1404)
conditions occur, such as three-
income groups; and (3) reduce food
consecutive months of purchases, or the
waste. (§1413)
margin moves higher than $4.00/cwt.
Under the program, dairy farmers,
Purchased dairy products are to be
cooperatives, or processors, who
given to low-income populations
account for milk under the federal milk
utilizing the services of public and
marketing order system, may donate
private nonprofit groups. DPDP is
fluid milk to public or private nonprofit
funded through the CCC. Expires
organizations that distribute donated
December 31, 2018. (7 U.S.C. 9071)
milk and receive a reimbursement for
costs associated with the donated milk.
Participants are required to provide
CRS-73

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
USDA donation and distribution plans
that (1) describe how they wil donate,
process, transport, store, and distribute
milk; (2) estimate how much milk wil be
donated and provide a plan for
unanticipated donations; and (3) explain
their reimbursement rate. The
reimbursement rate may not exceed the
value of the difference of Class I milk
and the lower of Class III or Class IV
milk in the federal milk marketing order
pool for the applicable month. USDA is
to review and approve the plans at least
once a year, and USDA may verify the
documentation for reimbursements by
spot checks or audits.
Donated milk is prohibited for resale
and distributors who violate this wil be
barred from future participation in the
program.
The provision provides $8 mil ion in
CCC funding for FY2019, and $5 mil ion
for each year FY2020 through FY2023.
Funds are available until expended.
Dairy Forward Pricing Program.
Extends program through FY2023.
Identical to the House provision.
Identical to House and Senate
Authorizes a dairy forward pricing
Allows for new contracts until
(§1411(a))
provisions. (§1402(a))
program. Prices paid by milk handlers
September 30, 2023, but no contract
under forward contracts are deemed to
can extend beyond September 30, 2026.
satisfy the minimum price requirements
(§1403)
of federal milk marketing orders.
Forward contracts apply only to milk
purchased for manufactured products
(Classes II, III, and IV) and excludes milk
purchased for fluid consumption (Class
I). Expires on September 30, 2018. (7
U.S.C. 8772)
CRS-74

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Dairy Indemnity Program.
Extends program through FY2023.
Identical to the House provision.
Identical to House and Senate
Authorizes payments to dairy farmers
(§1404)
(§1411(b))
provisions. (§1402(b))
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, 2018. (7 U.S.C.
4551)
Dairy Promotion and Research
Extends program through FY2023.
Identical to the House provision.
Identical to House and Senate
Program. The Dairy Production
(§1405)
(§1411(c))
provisions. (§1402(c))
Stabilization Act of 1983 authorized a
generic dairy product promotion,
research, and nutrition education
program, funded by a mandatory $0.15
per cwt. assessment on milk
produced/marketed in the 48
contiguous states. Importers in all 50
states, the District of Columbia, and
Puerto Rico must also pay an
assessment rate of $0.075 per cwt. on
imported products. Expires September
30, 2018. (7 U.S.C. 4504)
Federal Milk Marketing Orders
Terms—milk and its products. Sets
Class I skim milk price. Amends the
Identical to the House provision.
Identical to House and Senate
terms of classifying milk by its use and
section by striking the minimum
(§1412)
provisions. (§1403)
setting a minimum price for each
adjustments to Class I milk, the table of
classified use (Class I, II, III, and IV) that
marketing area adjustments, and the
handlers pay producers or cooperatives. effective period. The amended Class I
The prices are uniform to handlers
skim milk price per cwt. is to be
subject to adjustments for (1) volume,
calculated as the simple average of the
market, and production differentials; (2)
USDA reported advanced Class III and
grade or quality of milk; and (3) location
Class IV skim milk pricing factors plus
for delivery of milk to handlers. The
applicable differential adjustments as
section sets minimum dol ar amounts of
adjustments to Class I milk by marketing
CRS-75

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
areas for a hundredweight of milk at
specified in regulation plus $0.74.
3.5% milkfat. The minimum adjustments
(§1402(a))
went into effect on December 23, 1985,
The amended pricing takes effect on the
and are included in a table. (7 U.S.C.
first day of the first month beginning
608c(5)(A))
more than 120 days after enactment.
(§1402(b)(1)
The amendment is not subject to (1) the
notice and comment provisions of 5
U.S.C. 553, (2) the notice and hearing
requirements of 7 U.S.C. 608c, (3) the
order amendment requirements of 7
U.S.C. 608c(17), or (4) the referendum
section of 7 U.S.C. 608c(19).
(§1402(b)(2)
Supplemental Agricultural Disaster Assistance Programs
Definitions. Four terms are defined
No comparable provision.
Adds Indian tribe or tribal organization, as
Identical to Senate provision.
under the Supplemental Agricultural
defined in Section 4 of the Indian Self-
(§1501(a))
Disaster Assistance Program: eligible
Determination and Education Assistance
producer on a farm, farm-raised fish,
Act (15 U.S.C. 3504), to the list of
livestock, and Secretary. Eligible producer
individual or entities referenced in the
on a farm is defined as an individual or
definition of an eligible producer on a
entity that assumes the production and
farm. (§1501(a))
market risks associated with the
agricultural production of crops or
livestock. The terms individual or entity
specifically refer to 1) a U.S. citizen, 2) a
resident alien, 3) a partnership of U.S.
citizens, or 4) a corporation, limited
liability corporation, or other farm
organization structure organized under
State law. (7 U.S.C. 9081(a))
The Livestock Indemnity Program
Expands payments to include losses
Specifies that USDA may disregard
Adopts both House and Senate
(LIP) compensates producers at a rate
from disease that is caused or
management practices, vaccination
provisions. (§1501(b))
of 75% of market value for livestock
transmitted by a vector and is not
protocol, or lack of vaccination by the
mortality or livestock sold at a loss
control ed by vaccination or other
eligible producer when the loss from
CRS-76

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
caused by adverse weather or
acceptable management practices.
adverse weather was the death of
reintroduced animal attacks.
(§1501(a))
unweaned livestock. (§1501(b))
(7 U.S.C. 9081(b))
Emergency Assistance for
No comparable provision.
Amends the program to add the cost of
Similar to Senate provision. Effective
Livestock, Honey Bees, and Farm-
inspecting for cattle tick fever to the list
date of amendment applies to
Raised Fish Program (ELAP).
of approved costs covered by the
inspections conducted on or after
Provides payments to producers of
program. (§12610)
enactment. (§1501(c))
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
Livestock Indemnity Program (LIP) or
Livestock Forage Disaster Program
(LFP). (7 U.S.C. 9081(d)(2))
The Tree Assistance Program
No comparable provision.
Adds a new, increased payment rate for
Identical to Senate provision.
(TAP) provides payments to eligible
beginning and veteran producers of 75%
(§1501(d))
orchardists and nursery growers to
of the cost of replanting and
replant or rehabilitate trees, bushes and
rehabilitation. (§1501(c))
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))
Total payments received under the LFP Excludes ELAP from the $125,000 per
No comparable provision.
Identical to House provision.
and ELAP are limited to $125,000 for
crop year payment limit. LFP remains
(§1501(e))
any crop year. (7 U.S.C. 9081(f))
subject to a $125,000 per crop year
payment limit. (§1501(b)(1))
No comparable provision.
Adds exclusion to the adjusted gross
No comparable provision.
No comparable provision.
income limit (Section 1604) for
participants under the Supplemental
Agricultural Disaster Assistance
CRS-77

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Programs who receive more than 75%
of their income from farming, ranching,
or silviculture. (§1501(b)(2))
No comparable provision.
No comparable provision.
Peach and Blueberry Losses.
No comparable provision.
Provides $18 mil ion in mandatory
funding for peach and blueberry losses
in CY2017 due to extreme cold.
(§1502)
Noninsured Crop Disaster Assistance Program (NAP)
Operation and Administration.
No comparable provision.
Adds a data col ection and coordination
Identical to Senate provision.
NAP provides a catastrophic-level of
requirement. (§1601(1)(A))
(§1601(1)(A))
coverage to producers of crops that are
not insurable under the federal crop
insurance program. (7 U.S.C.
7333(a)(1))
Crops eligible for NAP are defined as
Amends the definition of eligible crop to
No comparable provision.
Identical to House provision.
commercial crops or commodities
include those crops that may be
(§1601(1)(B))
(except livestock) for which catastrophic insurable under the crop insurance
risk protection and select policies
program but only for whole farm plans
(including buy-up coverage) under the
or policies that provide coverage for
federal crop insurance program is
specific intervals based on weather
unavailable. (7 U.S.C. 7333(a)(2))
indexes. (§11501)
Native sod. Fol owing enactment of
No comparable provision.
Amends benefit reductions on native
Similar to Senate provision but with
the 2014 farm bil , native sod acreage
sod to include all “eligible” crops rather
amendments. Amends benefits
that has been til ed to produce annual
than “annual” crops for four years.
reduction to not more than four years
crops receive reduced benefits under
Requires producers to certify the
during the first 10 years after initial
NAP during the first four years of
location of til ed native sod acreage.
til age. Also, excludes the Senate’s
planting. Crops planted on native sod
Adds an annual reporting requirement
certification and reporting requirements
have higher fees and reduced yield
for benefits reduced by the native sod
and excludes the ability for governors to
guarantees. Benefit reductions are
provision. Allows governors from other
opt in to the provision. Adds an
limited to native sod in Minnesota, Iowa,
states to request the native sod
amendment to yield guarantee reduction
North Dakota, South Dakota, Montana,
provision apply to their state.
from transition yields to county
and Nebraska. (7 U.S.C. 7333(a)(4))
(§1601(1)(B))
expected yields. (§1601(1)(C))
CRS-78

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Applications. NAP applications are
No comparable provision.
Provides flexibility for NAP application
Similar to Senate provision with an
due 30-days prior to the coverage
deadlines and requires a streamlined
amendment to streamline the process
period. Producers must provide annual
process for submitting records and
for submitting records. (§1601(2))
production records and acreage reports.
acreage reports for diverse production
(7 U.S.C. 7333(b))
systems. (§1601(2))
Payments. Payments are made based
No comparable provision.
Adjusts the payment formula to include
Identical to Senate provision.
on 50% of the established yield of the
the total number of acres devoted to
(§1601(3))
crop. (7 U.S.C. 7333(d))
the eligible crop and based on the
approved yield rather than the
established yield. (§1601(3))
Yield Determinations are calculated
No comparable provision.
Amends yield determinations with no
Identical to Senate provision.
based on actual production history or, if
production history to use county
(§1601(4))
unavailable, 65% of the transitional yield.
expected yields rather than transitional
(7 U.S.C. 7333(e)(1)-(e)(3))
yields. (§1601(4))
Payment limits. Total NAP payments
No comparable provision.
Separates the payment limit for
Identical to Senate provision.
are limited to $125,000 per crop year,
catastrophic coverage ($125,000) and
(§1601(5))
per individual or entity. (7 U.S.C.
additional coverage ($300,000).
7333(i)(2))
(§1601(5))
Service fee. Producers pay a fee of
Increases the service fees to $350 per
Increases service fees to $325 per crop
Identical to Senate provision.
$250 per crop per county or $750 per
crop per county or $1,050 per producer per county, or $825 per producer per
(§1601(6))
producer per county, not to exceed
per county, not to exceed $2,100 per
county, not to exceed $1,950 per
$1,875 per producer. (7 U.S.C.
producer. (§11502)
producer. Deletes sunset dates for buy-
7333(k)(1))
up coverage. (§1601(6))
Buy-up coverage. Additional, or buy-
Extends buy-up coverage through
Adds the producer’s share of the crop
Similar to Senate provision with
up coverage, may be purchased at 50%
FY2023, deletes a 2012 fruit loss
to the list of multipliers used to
amendments. Includes House bil ’s
to 65% (in 5% increments) of established provision, and amends the premium for
calculate the payment amount and
amendment on additional coverage
yield and 100% of average market price.
additional coverage to be proportional
amends the average market price
premiums. (§1601(7))
The farmer-paid fee for additional
to a producer’s share of the crop.
multiplier to include to contract price or
coverage is 5.25% times the product of
(§11503)
other premium price. Deletes 2012 fruit
the selected coverage level and value of
loss provision and buy-up coverage
production (acreage times yield times
expiration date. (§1601(7))
average market price). Buy-up coverage
is available each crop year 2015 through
2018. (7 U.S.C. 7333(l)
CRS-79

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
No comparable provision.
No comparable provision.
Adds a new requirement for certain
No comparable provision.
producers that suffered losses due to
volcanic activity stating that USDA must
provide NAP assistance, less fees, to
cover losses of eligible crops in counties
with a qualifying disaster declaration.
(§1602)
Payment Limits
Payment limitations. Establishes the
Retains the payment limit of $125,000
Continues current law with amendment
Retains the payment limit of $125,000
maximum amount of payments per year
per year for all covered commodities
to add a definition for a “significant
per year for all covered commodities
to a person or legal entity from PLC and (with a separate limit for peanuts) to a
contribution of active personal
(with a separate limit for peanuts) to a
ARC payments, marketing loan gains,
person or legal entity but applies it only
management” (see below).
person or legal entity but applies it only
and LDPs for the sum of all covered
to the sum of PLC and ARC payments.
to the sum of PLC and ARC payments.
commodities, except peanuts, at
(§1603(a)(2))
Marketing assistance loan benefits are
$125,000. Any benefits arising from
Any benefits arising from marketing loan
excluded from payment limits.
forfeiture of crops held under marketing gains, LDPs, and forfeiture of crops held
(§1703(a)(2))
assistance loans is not subject to a
under marketing assistance loans are not
Amends the definition of family member
payment limit. Peanuts has a separate
subject to a payment limit.
(see below) (§1703(a)(1)(B))
payment limit of $125,000 for those
(§1603(a)(3))
same programs. (7 U.S.C. 1308(a)-
Amends current law to require the
(d))
Amends the definition of family member
Secretary to apply reductions in PLC or
(see below) (§1603(a)(1)(B)) and adds
ARC payments due to a sequester
Payments made to a legal entity are
qualified pass through entity as a payment
before applying payment limitations.
reduced proportionately by the
recipient subject to specific treatment
(§1603(a)(4))
ownership share of any person or legal
(see below). (§1603(a)(1)(D))
entity that has otherwise exceeded the
As in House provision, all changes made
applicable payment limitation.
The House provision also amends
to payment limits shall apply starting
(7 U.S.C. 1308(e)(3)(B)(iii))
current law to require the Secretary to
with the 2019 crop year. (§1703(b))
apply reductions in PLC or ARC
payments due to a sequester before
applying payment limitations.
(§1603(a)(4)
All changes made to payment limits shall
apply starting with the 2019 crop year.
(§1603(d))
No comparable definition.
No comparable provision.
Significant contribution of Active
No comparable provision.
Personal Management. Amends
CRS-80

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
current law to add a definition for a
“significant contribution of active
personal management” to include
activities performed by a person with a
direct or indirect ownership interest in
the farming operation on a regular,
continuous, and substantial basis to the
farming operation, and that meet at least
one of the fol owing to be considered
significant: (A) are performed for at least
25% of the total management hours
required for the farming operation on
an annual basis; or (B) are performed
for at least 500 hours annually for the
farming operation. (§1704)
Actively engaged in farming (AEF)
No comparable provision.
Amends current law to add specificity
Continues current law; does not adopt
requirement. To be eligible to receive
on the requirement for “actively
the Senate amendment.
an ARC or PLC payment or MAL
engaged in farming (AEF).”
benefit, a person or legal entity shall be
(A) USDA shall consider not more than
actively engaged in farming with respect
1 person or legal entity per farming
to a farming operation according to the
operation to be AEF using active
fol owing criteria.
personal management.
A person (including a partner in a
(B) USDA may only consider a person
general partnership or joint venture, a
or legal entity to be AEF using active
grantor of a revocable trust, or a
personal management under
participant in a similar entity) shall be
subparagraph (A) if the person or legal
considered AEF if: (1) the person makes
entity—
a significant contribution of (A) capital,
equipment, or land; and (B) personal
(i) together with other persons or legal
labor or active personal management;
entities in the farming operation
(2) the person's share of the profits or
qualifying as AEF under current law,
losses from the farming operation is
does not col ectively receive, directly or
commensurate with contributions to the
indirectly, an amount equal to more
farming operation; and (3) the person’s
than the allowable payment limit;
contributions are at risk.
(i ) does not use the active management
A legal entity that is a corporation, joint
contribution allowed under this section
stock company, association, limited
CRS-81

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
partnership, charitable organization, or
to qualify as AEF in more than 1 farming
other similar entity shall be considered
operation; and
as AEF if: (i) the legal entity separately
(i i) manages a farming operation that
makes a significant contribution of
does not substantially share equipment,
capital, equipment, or land; (i ) the
labor, or management with persons or
stockholders or members col ectively
legal entities that, together with the
make a significant contribution of
person or legal entity, col ectively
personal labor or active personal
receive, directly or indirectly, an amount
management to the operation; and (ii )
equal to more than the allowable
the standards (2) and (3) above for a
payment limit. (§1705)
person are met by the legal entity.

(7 U.S.C. 1308-1(b))
Family member. A person to whom a Revises the definition of family member
Continues current law.
Identical to House provision.
member in the farming operation is
to include first cousins, nieces, and
(§1703(a)(1)(B))
related as lineal ancestor, lineal
nephews. (§1603(a)(1)(B))
descendant, sibling, spouse, or
otherwise by marriage.
(7 U.S.C. 1308(a)(2))
No comparable provision.
Defines a qualified pass-through
No comparable provision.
No comparable provision.
entity (QPTE). Based on the Internal
Revenue Code definition (subchapter K,
chapter 1), QPTE includes partnerships,
limited liability companies (LLCs),
S corporations, and joint ventures.
(§1603(a)(1)(D))
Treatment of joint ventures and
Treatment of QPTE. The payment
Continues current law.
Continues current law.
partnerships. Payment limit for joint
limit for joint ventures and partnerships
ventures and general partnerships equals is replaced with a broader payment limit
the payment limit for a person or legal
for QPTEs that encompasses joint
entity of $125,000 times the number of
ventures, partnerships, limited liability
eligible persons or legal entities that
companies, and S corporations. The
comprise the businesses ownership.
payment limit equals the individual
(7 U.S.C. 1308(e)(3)(B)(ii))
payment limit times the number of
eligible persons or legal entities that
comprise the QTPE. Thus, the payment
passes through the QTPE and is
CRS-82

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
attributed to its owners (either
individuals or entities) depending on
where taxable revenue is recognized.
(§1603(b))
Adjusted Gross Income (AGI) Limitation.
AGI limitation. Prohibits farm
Amends AGI limitation to no longer
Amends current law to lower the AGI
Continues current AGI limitation
commodity program benefits (including
apply to any benefits under the MAL
threshold to $700,000. (§1706)
subject to the two amendments.
benefits under PLC, ARC, MAL,
program (§1604(a)).
Provides authority to Secretary to waive
agricultural disaster assistance, or
Exempts QPTEs from the AGI
AGI limitation, on case-by-case basis, to
conservation programs) to an individual
limitation. (§1604(b))
protect environmentally sensitive land of
or entity if AGI exceeds $900,000. The
special significance. (§1704 (a)(2))
AGI limit is calculated as the average
Provides authority to Secretary to waive
AGI or comparable measure of the
AGI limitation, on case-by-case basis, to
Applies the §1704 changes starting with
person or legal entity over the three
protect environmentally sensitive land of
the 2018 crop, fiscal, or program year as
taxable years prior to the most
special significance. (§1604 (b)(1)(B)
appropriate. (§1704(c))
immediately complete taxable year.
Applies §1604(a-b) changes starting
(7 U.S.C. 1308-3a)
with the 2018 crop, fiscal, or program
year as appropriate. (§1604(c))
Administrative Programs
General administration. The
Continues these provisions as current
Amends current law for expedited
Identical to Senate provision. (§1701)
Secretary may use the funds and
law, noting that promulgation of
rulemaking to extend the authority to
facilities of the CCC to carry out this
implementing regulations shall occur not include title I of the 2018 farm bil , and
title (7 U.S.C. 9091(a)). Provides that
later than 90 days after enactment.
the amendments made by this title.
a determination made by the Secretary
(§1601(a,b,c))
(§1701)
under this title shall be final and
conclusive (7 U.S.C. 9091(b)).
Provides for an expedited
implementation of this title: Not later
than 90 days after February 7, 2014,
USDA and the CCC shall promulgate
such regulations as necessary. (7 U.S.C.
9091(c))
Adjustment authority to comply
Same as current law. (§1601(d))
Continues current law.
Continues current law.
with trade agreements. Provides the
Secretary authority to adjust
CRS-83

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
expenditures under this title to ensure
that the United States remains in
compliance with domestic support levels
allowed under the World Trade
Organization. (7 U.S.C. 9091(d))
Suspension of permanent price
Extends the suspension of permanent
Extends the suspension of permanent
Identical to the Senate provision.
support authority. Suspends the
price authority in the Agriculture
price authority in the Agriculture
(§1702)
permanent price support authority of
Marketing Adjustment Act of 1938 and
Marketing Adjustment Act of 1938 and
the Agricultural Adjustment Act of 1938 the Agricultural Act of 1949 for the
the Agricultural Act of 1949 through
and the Agricultural Adjustment Act of
2019-2023 crop years; adds eleven new
December 31, 2023. (§1702)
1949 for the 2014-2018 crop years
commodities—covered commodities,
(covered commodities, cotton, and
cotton, sugar, and milk—for price
sugar) and for milk through December
support under the 1949 Act were it to
31, 2018. (7 U.S.C. 9092)
become effective. (§1602)
Prevention of deceased individuals
Same as current law. (§1605)
Continues current law.
Continues current law.
receiving payments under farm
commodity programs. At least twice
each year, the secretary shall reconcile
Social Security numbers of all individuals
who receive payments under this
chapter, whether directly or indirectly,
with the commissioner of Social Security
to determine if the individuals are alive.
The Secretary shall preclude the
issuance of payments to, and on behalf
of, deceased individuals that were not
eligible for payments. (7 U.S.C. 9003)
Assignment of payments. Provides
Same as current law. (§1606)
Continues current law.
Continues current law.
the authority for a producer who
receives a payment under this title to
assign the payment to someone else
after proper notice to the Secretary.
(7 U.S.C. 9003)
Tracking of benefits. Authorizes the
Same as current law. (§1607)
Continues current law.
Continues current law.
Secretary to track the benefits provided
CRS-84

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
to individuals getting payments under
Titles I and II programs.
(7 U.S.C. 9003)
Signature authority. In carrying out a
Same as current law but with the
Continues current law.
Continues current law.
Title I or II program, if the Secretary
addition of a QPTE to the list of
approves a document, then the
potential represented groups. (§1608)
Secretary may not subsequently (or
retroactively) determine that the
document is inadequate or invalid due
to the lack of authority of any person
signing on behalf of another individual,
entity, general partnership, or joint
venture unless the person knowingly
and wil ful y falsified the signature.
(7 U.S.C. 9003)
Personal liability of producers for
Extends current law to include the
No comparable provision.
No comparable provision.
deficiencies. No producer shall be
provisions of this bil . (§1609)
personally liable for any deficiency
arising from the sale of the col ateral
securing any nonrecourse loan unless
the loan was obtained through a
fraudulent representation by the
producer. However, USDA may require
a producer to assume liability for a
deficiency in the grade, quality, or
quantity of a commodity stored on a
farm or delivered by the producer;
failure to properly care for and preserve
a commodity; or failure or refusal to
deliver a commodity in accordance with
a program. (7 U.S.C. 7284)
No comparable provision.
No comparable provision.
Base acres review and report.
No comparable provision; does not
USDA shall review the establishment,
adopt the Senate proposed amendment.
calculation, reallocation, adjustment, and
reduction of base acres specified under
current law. (7 U.S.C. 9011 et seq.)
CRS-85

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Not later than 2 years after the date of
enactment, USDA shall submit a report
describing the results of the base acre
review to the House and Senate
Agriculture Committees. (§1707)
No comparable provision.
No comparable provision.
Farm Service Agency (FSA)
Similar to the Senate provision but
accountability. (a) Not later than one
amends (b) as fol ows. Not later than 3
year from enactment, USDA shall
years after enactment, USDA shal
establish policies, procedures, and plans
submit a report to the House and
to improve accountability and integrity
Senate Agriculture Committees
through targeted and coordinated
describing efforts to achieve the goals
activities, including data mining to
cited in (a). (§1705(b))
identify and reduce errors, waste, fraud,
and abuse in FSA programs.
(b) Not later than 2 years after
enactment, and annually thereafter
through 2023, USDA shall submit a
report to the House and Senate
Agriculture Committees describing
efforts: to improve FSA accountability;
identified weaknesses; related data
sampling and mining efforts; errors,
waste, fraud, or abuse; and any plan of
action or recommended legislative
changes. (§1708)
Implementation. Requires the
Same as current law for all provisions
Continues current implementation law
Adopts the House provisions with the
Secretary to maintain base acres and
except:
with the fol owing exceptions.
fol owing amendments:
payment yields for each covered
No agent, approved insurance provider
Amends current law to update
Crop insurance agents and AIPs are
commodity. (7 U.S.C. 9097(a))
(AIP), or employee or contractor of an
requirements of ACRSI to make
allowed access to records held by FSA
Requires the Secretary to continue to
agency or AIP, bears responsibility or
available more detailed USDA data
necessary for effective crop insurance
streamline administrative burdens and
liability under ACRSI for the eligibility of
across agencies and accessible via a
program delivery. (§1706(b))
costs including through the Acreage
a producer for programs administered
single Department-wide login.
USDA shall continue to improve
Crop Reporting and Streamlining
by USDA that are not policies or plans
(§1703(1))
coordination and data sharing efforts
Initiative (ACRSI); to improve
of insurance offered under the Federal
Amends current law to require that any
with the Natural Resources
coordination, information sharing, and
Crop Insurance Act (7 U.S.C. 1501 et.
USDA payment obligations—that have
Conservation Service (NRCS), FSA, and
administrative work within USDA; and
seq.) except in cases of fraud,
not been disbursed or liquidated, and
CRS-86

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
to use new technologies to enhance
misrepresentation, or scheme and
remain outstanding five years after the
the Risk Management Agency (RMA).
efficiency and effectiveness of program
device (§1610(b)(1)(C));
date on which the payment was
(§1706(b))
delivery. (7 U.S.C. 9097(b))
Producers may remotely and
obligated or made available—shall be
By September 30, 2020, RMA and FSA
The Secretary shall make $100 mil ion
electronically sign annual contracts for
de-obligated and revert to the Treasury. shall implement a consistent method for
available to implement this title.
ARC and PLC (§1610(b)(4));
The Secretary may delay the date of de-
determining farm and crop acreage,
Additional funds are made available
obligation. (§1703(2))
The Secretary is required to make $25
yields, property descriptions, and other
upon notification to House and Senate
mil ion available to implement this title

common informational requirements,
Agriculture Committees of significant
(§1610(c)); and
including measures of common land
progress by September 20, 2014 ($10
units. (§1706(b))
mil ion) and ful implementation by
USDA shall use CCC funds to ensure
Producers may remotely and
September 30, 2015 ($10 mil ion). Also
that PLC and ARC payments are ful y
electronically sign annual contracts for
$3 mil ion is available for state extension made prior to enforcing in any year
ARC and PLC, and producers have the
services to educate farmers and
where discretionary spending limits are
option to sign a multi-year contract for
ranchers of their options under this title enforced via sequestration or other
the ARC and PLC programs.
and $3 mil ion to support qualified
budgetary means. (§1603(a)(4))
(§1706(b))
universities to develop and train
producers on web-based decision aids.
Reduces the mandatory funding available
(7 U.S.C. 9097(c))
to the FSA for implementation to $15.5
mil ion. (§1706(c))
USDA shall use CCC funds to ensure
that the MAL program and benefits are
Any USDA payment obligations that
ful y functional in any year that
have not been disbursed or liquidated
discretionary spending limits are
and remain outstanding five years after
enforced via sequestration or other
the date on which the payment was
means. (7 U.S.C. 9097(d))
obligated or made available shall be de-
obligated and revert to the Treasury.
The Secretary may delay the date of de-
obligation. (§1706(e))
Not later than January 1, 2020, and each
January 1 thereafter through January 1,
2023, USDA shall submit a report on
til ed native sod that was subject to
benefit reductions under crop insurance
or NAP. (§1706(f))
Exemption from certain reporting
Expands the federal grant financial
Similar to House provision. Retains the
Similar to House provision with
requirements for certain
reporting requirement exemption for
provision in the conservation title, but
amendments. Further defines exempted
producers. Section 1244(m) of the
NRCS conservation programs to all
expands the exemption to all USDA
producer as an eligible entity that
Food Security Act of 1985, as amended
commodity, indemnity, and conservation commodity and conservation programs
participates in a farm bil conservation
CRS-87

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
by Section 766 of the Consolidated
programs administered by the Farm
administered by the Farm Service
program, an indemnity or disease
Appropriations Act of 2018 (P.L. 115-
Service Agency, the Animal and Plant
Agency and the NRCS. (§2305(d))
control program, or a Title I commodity
124), stipulates that select federal grant
Health Inspection Service (APHIS), and
program (excluding cotton)
financial reporting requirements for
the NRCS. (§1611)
administered by NRCS, the Animal and
producers (defined as producers and
Plant Health Inspection Service, and
landowners eligible to participate in any
FSA. (§1707)
USDA conservation program) should
not apply to Natural Resources
Conservation Service (NRCS)
conservation programs.
(16 U.S.C. 3844(m))

CRS-88

Table 6. Conservation
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Wetland Conservation
Program ineligibility. The wetland
Requires the Secretary to consider all
Requires that a producer cannot be
Identical to Senate provision. (§2101)
conservation or “swampbuster” provision
possible exemptions before denying
denied program benefits if an
denies various USDA program benefits to
program benefits to producers found to
exemption applies to that producer.
producers who plant program crops on
be out of compliance. (§2101)
(§2412)
wetlands converted after December 23,
1985, or who convert wetlands, making
agricultural commodity production
possible, after November 28, 1990. For a
producer to be found out of compliance,
crop production does not actually have to
occur; production only needs to be made
possible through activities such as draining,
dredging, fil ing, or leveling the wetland.
Exemptions for compliance violators may
be granted fol owing a review. (16 U.S.C.
3821 et seq.)
On-site inspection requirement. The
No comparable provision.
Requires that the on-site inspection be Similar to Senate provision with
Secretary is required to conduct an on-site
conducted in the presence of the
amendments. Amends the exception
visit before program benefits may be
affected person, as long as that person
to allow for an on-site visit if a
withheld for noncompliance. (16 U.S.C.
makes themselves available for the on-
reasonable effort was made to include
3821(c))
site visit. (§2401)
the affected person. (§2102)
Wetland mitigation banking
Provides the wetland mitigation banking
Similar to House provision but
Identical to Senate provision. (§2103)
program. One option violators of
program with an additional $10 mil ion
authorizes no additional mandatory
wetland conservation have to mitigate the
in mandatory funding authority for
funding. Authorizes the appropriation
violation is through wetland mitigation
FY2019 and authorizes the appropriation of $5 mil ion for each of FY2019
banking. Wetland mitigation banking is a
of $5 mil ion for each of FY2019 through through FY2023. (§2413(b))
type of wetlands mitigation whereby a
FY2023. (§2102(b))
wetland is created, enhanced, or restored,
and “credit” for those efforts is sold to
others as compensation for the loss of
impacted wetlands elsewhere. The 2014
farm bil created a permanent wetland
mitigation banking program exclusively for
CRS-89

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
farmers to comply with swampbuster. The
program has a onetime authorization for
$10 mil ion in mandatory funding. (16
U.S.C. 3822(k))
Minimal effect. The Secretary is required Requires that categorical minimal effect
Similar to the House provision but
No comparable provision.
to exempt producers that are found in
exemptions be published no later than
adds requirements for the categorical
violation of the wetland conservation
180 days after the date of enactment.
minimal effects exemptions to be (1)
requirements if the action is determined to (§2102(a))
in compliance with applicable federal
have a “minimal effect” on the functional
environmental laws (including the
hydrological and biological value of the
National Environmental Policy Act of
wetland area, including wildlife. USDA has
1969); (2) in accordance with existing
identified categorical minimal effect
minimal effect determination and
exemptions for activities that are routinely
categorical minimal effect exemption
determined to have a minimal effect on
regulations (as issued before the date
wetland functions. (16 U.S.C. 3822(d))
of enactment); and (3) in consultation
with select federal, state, and local
agencies, and interested organizations.
(§2413(a))
Conservation Reserve Program (CRP)
Authority. CRP is authorized through
Reauthorizes CRP through FY2023.
Identical to House provision.
Identical to House and Senate
FY2018 to provide annual rental payments
(§2201(a))
(§2101(1))
provisions. (§2201(a))
to producers to replace crops on highly
erodible and environmentally sensitive land
with long-term resource conserving
plantings. (16 U.S.C. 3831(a))
Eligible land. Highly erodible land is
No comparable provision.
Amends the enrol ment eligibility for
Similar to Senate provision with
considered eligible for enrol ment in CRP if
highly erodible land to include both
amendments. Does not require both
(1) untreated could substantially reduce
conditions (1) and (2) under current
conditions. Extends the six-year
the land’s future agricultural production
law. Extends the six-year cropping
cropping history to include land
capability or (2) it cannot be farmed in
history to include land planted for
planted for four of the six years
accordance with a conservation plan; and
four of the six years preceding
preceding enactment of the bil . Adds
has a cropping history or was considered
enactment of the bil . (§2101(2))
land that would have a positive impact
to be planted for four of the six years
on water quality if enrol ed and other
preceding February 7, 2014 (except for
expired CRP land. (§2201(b))
land previously enrol ed in CRP). Eligible
CRS-90

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
land also includes marginal pastureland,
grasslands, cropland, and land devoted to
buffer or filterstrips. (16 U.S.C. 3831(b))
Maximum enrollment. CRP is
Increases enrol ment limits to 25 mil ion
Increases enrol ment limit to 25
Similar to House and Senate
authorized to enrol up to 27.5 mil ion
acres in FY2019, 26 mil ion acres in
mil ion acres in FY2019 through
provisions with amendments.
acres in FY2014, 26 mil ion acres in
FY2020, 27 mil ion acres in FY2021, 28
FY2023. (§2101(3)(A))
Increases enrol ment limit to 24
FY2015, 25 mil ion acres in FY2016, and 24 mil ion acres in FY2022, and 29 mil ion
mil ion acres in FY2019, 24.5 mil ion
mil ion acres in both FY2017 and FY2018.
acres in FY2023. (§2201(b)(1))
acres in FY2020, 25 mil ion acres in
(16 U.S.C. 3831(d)(1))
FY2021, 25.5 mil ion acres in FY2022,
and 27 mil ion acres in FY2023.
(§2201(c)(1))
Grasslands enrollment. CRP grassland
Creates a minimum CRP grassland
Reauthorizes CRP grassland
Similar to House and Senate
enrol ment is capped at 2 mil ion acres
enrol ment level of 3 mil ion acres by the enrol ment at 2 mil ion acres through
provisions with amendments. Creates
between FY2014 and FY2018. Priority is
end of FY2023. Incrementally increases
FY2023. Requires CRP grassland
a minimum CRP grassland enrol ment
given to expiring CRP contracts and
the enrol ment of grassland acres to 1
enrol ment to prioritize expiring CRP
of 2 mil ion acres by the end of
enrol ment is continuous. (16 U.S.C.
mil ion acres in FY2019, 1.5 mil ion acres land, land at risk of development, or
FY2021. Incrementally increases the
3831(d)(2))
in FY2020, 2 mil ion acres in FY2021, 2.5
land of ecological significance.
minimum enrol ment of grassland
mil ion acres in FY2022, and 3 mil ion
(§2101(3)(B))
acres to 1 mil ion acres in FY2019, 1.5
acres in FY2023. If USDA cannot enrol
mil ion acres in FY2020, and 2 mil ion
grassland acres according to the defined
acres in FY2021-FY2023. Allows CRP
schedule, the unenrol ed acres may not
grassland enrol ment to prioritize
be used to enrol other eligible land into
expiring CRP land, land at risk of
the program. (§2201(b)(2))
development, or land of ecological
significance. Enrol ment is required on
an annual basis. Includes the limit on
using unenrol ed grassland acres for
other types of enrol ment.
(§2201(c)(2))
No comparable provision.
No comparable provision.
Enrollment of water quality
Similar to Senate provision with
practices. Requires offers that would
amendments. Creates a water quality
have a positive impact on water
incentive, referred to as Clean Lakes,
quality and would be devoted to select Estuaries, and Rivers (CLEAR)
water quality improving practices to
initiative. Gives priority under
be given priority enrol ment under
continuous enrol ment to land that
continuous sign-up. Not less than 40%
would reduce sediment and nutrient
of total CRP continuous sign-up acres
loading and harmful algal blooms.
CRS-91

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
must be enrol ed under this priority.
Limits the 40% carve-out for this
When establishing the water quality
initiative to nongrassland contracts.
priority, USDA is required to consider Includes monthly report requirements.
watersheds impacted by sediment and
(§2201(c)(3))
nutrient loading, and where
enrol ment would reduce harmful algal
blooms. A monthly and annual report
is required. (§2101(3)(C))
No comparable provision. CRP acres are
Minimum enrollment by state.
No comparable provision.
Similar to House provision with
enrol ed based on the relative
Requires a minimum enrol ment rate per
amendments. Limits allocations based
environmental benefits of the land offered. state based on historical enrol ment.
on historical enrol ment to 60% of
Enrol ment rates must consider the
available acres. (§2201(c)(3))
average total number of acres enrol ed
in each state during FY2007 through
FY2016, average number of acres
enrol ed in CRP during FY2007 through
FY2016, and the acres available for
enrol ment for FY2019 through FY2023.
Also requires that a general sign-up be
held every year. (§2201(b)(3))
No comparable provision. There are two
No comparable provision.
Additional enrollment
Similar to Senate provision with
types of enrol ment into CRP: general sign-
procedures. Requires CRP grassland
amendments. Requires CRP
up and continuous sign-up. A general sign-
and continuous sign-up offers to be
enrol ment to be continuous for
up is a specific period of time during which
accepted on a continuous basis,
marginal pastureland, land that would
USDA accepts offers and competitively
subject to available acres within the
have a positive impact on water
enrol s acres. Land offered under
authorized limits. Also requires USDA
quality if enrol ed, select cropland, and
continuous sign-up may be enrol ed at any
to enrol CRP land each fiscal year,
Conservation Reserve Enhancement
time and is not subject to competitive
subject to available acres within the
Program (CREP) contracts. Adds
bidding. CRP grassland offers are accepted
authorized limits. (§2101(3)(C))
minimum enrol ment targets for these
on a continuous basis with periodic ranking
continuous contracts of not fewer
periods. All sign-ups are subject to
than 8 mil ion acres by FY2019, 8.25
available acres within the authorized limits.
mil ion acres by FY2020, 8.5 mil ion
(7 C.F.R. 1410.30)
acres by FY2021, and 8.6 mil ion of
acres by FY2022 and FY2023.
(§2201(c)(3))
CRS-92

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Contract duration. CRP contracts are
Amends the duration for CRP contracts
No comparable provision.
No comparable provision.
10-15 years in duration. In the case of land
by requiring select continuous
devoted to hardwood trees, shelterbelts,
enrol ment contracts to enrol for 15-30
windbreaks, or wildlife corridors, the
years. (§2201(c))
landowner may specify the duration of the
contract between 10 and 15 years. (16
U.S.C. 3831(e))
Reenrollment of expired land. All
Limits reenrol ment for land devoted to
No comparable provision.
Similar to House provision with
expiring CRP land is eligible for
hardwood trees to only one
amendment. Adds exclusions to the
reenrol ment in the program. (16 U.S.C.
reenrol ment. (§2201(d))
hardwood tree limitation for riparian
3831(h))
forested buffers forested wetlands and
shelterbelts. (§2201(d))
No comparable provision. The State
No comparable provision.
Establishes a format in which states
No comparable provision.
Acres for Wildlife Enhancement
and Indian Tribes may request “SAFE
(SAFE) Initiative is a CRP continuous
areas” under CRP. Priority is given to
sign-up initiative created by the George W.
SAFE area requests that 1) include
Bush Administration in 2008. SAFE project
habitat for species that are declining
areas are proposed by conservation
or in danger of declining; 2) would
groups, nonprofit organizations,
help prevent the listing of or remove a
government agencies, biologists, farmers,
species as a threatened species or
and ranchers and must contain acres with
endangered species under the
wildlife species that may be threatened or
Endangered Species Act (16 U.S.C.
endangered, suffering population decline,
1531 et seq.); 3) is adjacent to other
or provide value to the local community.
conservation land; or 4) provides
Acres enrol ed under the SAFE initiative
economic or social value to the local
receive a higher percentage of cost-share
community for outdoor recreation.
assistance, additional practice incentive
Priority is also given for requests that
payments, and a sign-up incentive payment.
offer to pay additional incentive
payments for CRP contracts in SAFE
areas. Regional balance must be
maintained and, monthly and annual
reports are required. (§2101(4))
No comparable provision.
No comparable provision.
Requires offers in SAFE project areas
No comparable provision.
to be given priority enrol ment under
continuous sign-up. At least 30% of
total CRP continuous sign-up acres
CRS-93

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
must be in a SAFE project area.
(§2101(3)(C))
No directly comparable provision.
No comparable provision.
Adds a new provision establishing
Similar to Senate provision with
Conservation Reserve Enhancement
CREP as a permanent subprogram
amendments. Limits eligible partners
Program (CREP) is a subprogram of
under CRP. Provisions are similar to
to states, political subdivisions of a
CRP in which USDA enters into
the existing CREP. Allows USDA to
state, Indian tribes, and
agreements with States to target select
enter into agreements with eligible
nongovernmental organizations.
areas and resource concerns in exchange
entities to carry out CREP.
Amends agreement requirements to
for continuous CRP sign-ups and higher
Agreement requirements are defined
include matching fund contributions
payments for enrol ment. CREP was
and existing CREP agreements remain
and possible temporary waiver of
administratively established in 1997 and is
in force, but may be modified.
matching funds. Amends the cost-
regulated at 7 C.F.R. 1410.50.
Payments from an eligible partner may
share incentive payments to include a
be in cash, in-kind, or through
waiver of mid-contract management
technical assistance. Includes
grazing. For forested riparian buffers, a
additional requirements for select
reduction in rental rate is added when
cost-share payments, incentive
a food-producing woody plant is used
payments, and maintenance payments.
as a buffer, and technical assistance
Requires at least 20% of continuous
provisions are limited to coordination
contracts to be enrol ed in CREP.
with state forestry agencies. Includes
Status reports are required 180 days
drought and water conservation
after the end of each fiscal year
agreements. Deletes the 20%
fol owing enactment. Dryland farming
requirement for continuous contracts.
is allowed on CREP acres if the
(§2202)
purpose of the CREP agreement is to
address regional drought concerns.
(§2105(a)) and (§12612)
Farmable Wetlands Program (FWP).
Reauthorizes FWP through FY2023.
Reauthorizes FWP through FY2023.
Similar to Senate provision with minor
A subprogram under CRP authorized
Amends buffer acreage enrol ment and
(§2102)
amendments. (§2203)
through FY2018 to enrol up to 750,000
reduces total enrol ment to not more
acres of wetland and buffer acreage in
than 500,000 acres. Deletes a provision
CRP. USDA may, after a review, increase
allowing buffer acres and CREP acres to
the number of acres enrol ed in FWP by
be considered separate from the total
200,000 additional acres. (16 U.S.C.
enrol ment cap. Deletes USDA’s
3831b(a)-(c))
authority to increase acreage
enrol ment. (§2202(a)-(c))
CRS-94

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Owners and operators of FWP land must
Deletes the prohibition on commercial
No comparable provision.
No comparable provision.
agree to (1) restore the hydrology of the
use. (§2202(d))
wetland, (2) establish vegetative cover, (3)
prohibit commercial use, and (4) carry out
the other duties required of all CRP
contracts. (16 U.S.C. 3831b(e))
Under FWP, the Secretary is required to
Reduces the annual rental rate and
No comparable provision.
No comparable provision.
make rental payments and cost-share
deletes the additional incentives for
payments in accordance with CRP.
filterstrips. (§2202(e))
Additional incentives are authorized to
enrol filterstrips. (16 U.S.C. 3831b(f))
No comparable provision.
No comparable provision.
CRP Easements. Adds a new
Similar to Senate provision with
provision for select expiring land (see
amendments. Creates a new contract,
§2106(a)(4)) to be enrol ed into a
referred to as CLEAR 30, that
permanent easement under CRP. In
enrol s expiring land into 30-year CRP
exchange for a payment the
contracts (see §2201(c)(3)).
landowner must maintain the land in
Enrol ment is restricted by the overall
accordance with an approved plan and
CRP enrol ment limit. Land is enrol ed
the terms and conditions of the
into contracts, not easements. Under
easement. Payments are based on the
a CLEAR 30 contract the landowner
lowest of (1) the appraised fair market must maintain the land in accordance
value of the land, (2) a corresponding
with an approved plan and the terms
geographical limitation, or (3) the
and conditions the contract.
landowner’s offer. All payments are to
Compensation is made in 30 annual
be made in cash and may be received
cash payments similar to those
in a lump sum or ten annual payments. calculated under general CRP. Terms,
USDA may delegate the management,
conditions, technical assistance, and
monitoring, and enforcement
administration provisions are similar
responsibilities of CRP easements to
to the Senate provision. (§2204)
other federal, state, or local
government agencies, or conservation
organizations. There are no limits on
the number of easements that may be
entered into and enrol ment is not
restricted by the overall CRP
enrol ment limit. (§2107)
CRS-95

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
No comparable provision.
No comparable provision.
Adds a new reenrol ment requirement Similar to Senate provision but
for select expiring CRP contracts.
included under the new CLEAR 30
Covered contracts include new CRP
contracts described above (see
contracts entered into during the bil ’s
§2204)
authorization (through FY2023),
continuous contracts with select
water quality practices, and SAFE
contracts. Upon expiration, covered
contracts may (1) not reenrol in CRP,
(2) reenrol with a 40% reduction in
annual rental payments and no
incentive payments, or (3) enrol in a
CRP easement (see §2107). If the land
is determined to not be suitable for a
CRP easement then it may be
reenrol ed with the terms in effect on
the date of expiration. (§2106(a)(4))
No comparable provision.
No comparable provision.
Soil health and income
Creates a pilot program under CRP
protection program. Creates a new similar to the Senate provision with
program providing annual rental
amendments. Limits the pilot to states
payments of 50% of the county
within the prairie pothole region and
average rental rate for less productive
on land that has not participated in
farm land to be taken out of
CRP in the previous three crop years.
production and planted to a low-cost
Also, no more than 50,000 acres may
perennial cover crop. At least 15% of
be used for the pilot. Contract
the eligible land on the farm must be
requirements, payments, and
enrol ed for 3-5 years. Higher annual
restrictions are similar to the Senate
rental rates of 75%, and cost-share
provision. Adds a required annual
assistance is available for beginning,
report to Congress. (§2204)
small, social y disadvantaged, young, or
veteran farmers and ranchers.
Harvesting, haying, and grazing are
al owed outside of the local nesting
and brood-rearing period. Such sums
as necessary are authorized to be
appropriated. (§2404)
CRS-96

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Duties of owners and operators. In
Adds grazing as a management activity
No comparable provision.
Similar to House provision but deletes
exchange for payments under CRP, owners that may be undertaken to implement a
the grazing as management activity
and operators agree to a number of
conservation plan. Allows for a
addition and the inclusion of
requirements and restrictions on the land
conservation plan to include permitted
commercial uses. (§2205)
under contract. These requirements are
commercial uses. Adds a requirement
outlined in the CRP contract and
for hardwood and other trees, excluding
conservation plan. (16 U.S.C. 3832)
windbreaks and shelterbelts, to carry
out thinning and forest management
practices. (§2203)
Duties of the Secretary. In return for a
Amends reference to the annual rental
Amends cost-share payments to
Similar to both House and Senate
CRP contract, landowners are
payments. (§2204(a))
include the cost of fencing and water
provisions with amendments. Amends
compensated for a percentage of the cost
distribution practices. (§2103(a))
annual rental payments by adding
(cost-share) of carrying out conservation
marginal pastureland to the list of land
measures within the contract and an annual
converted to less intensive uses and
rental payment for 1) the conversion of
removes payments to permanently
highly erodible land and other agricultural
retire base history. (§2206(a))
land to less intensive uses, 2) permanent
retirement of base history, and 3)
development and management of
grasslands. (16 U.S.C. 3833(a))
Specified permitted activities. Certain
Expands permitted harvesting and
Expands permitted harvesting and
Similar to House and Senate
specified activities (e.g., harvesting, grazing,
grazing activities on CRP land. Caps the
grazing activities on CRP land.
provisions with amendments. Requires
or other commercial uses of the forage)
reduction in annual rental rate for
Expands permitted harvesting, grazing,
USDA to expand permitted uses of
are permitted on CRP land under select
managed harvesting at 25% and does not
and other commercial uses of the
cover on CRP land. Permitted
conditions. These activities are allowed
allow vegetative cover to be harvested
forage on CRP acres without a
activities would not be subject to a
without a reduction in the annual rental
for seed. Amends the frequency of
reduction in annual rental rate when a
reduction in rental rate for emergency
rate when in response to drought,
harvesting to not more than once every
state of emergency is caused by a
uses, mid-contract management
flooding, or other emergency. Managed
three years and not more than 75% of
drought or wildfire. Managed
practices, select uses of vegetative
harvesting is allowed if it is consistent with
the covered acres in accordance with a
harvesting is permitted for a 25%
buffers, and grazing by beginning
soil conservation, water quality, and
conservation plan. Routine grazing is
reduction in the annual rental rate
farmers or ranchers. A 25% reduction
wildlife habitat (including primary nesting
amended to allow for grazing during
subject to: vegetation management
in rental rate may be approved for
seasons) and in exchange for not less than
periods of primary nesting season if the
requirements; primary nesting season
limited grazing and haying activities
a 25% reduction in annual rental rates for
stocking rates are reduced by 50% in
restrictions; a limit of not more than
and wind turbine installation subject
acres covered by the activity. Managed
accordance with a conservation plan.
once every three years; and not more
to select limitations. Includes the
harvesting may occur at least every five
Requires the frequency and duration of
than 1/3 of an owner’s CRP acres in a
Senate provision’s SAFE and CREP
years but not more than once every three
routine grazing to be limited to the
given year. Grazing in exchange for an
limitation. (§2206(b))
CRS-97

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
years. Routine grazing is also permitted in
health of established cover rather than a
annual rental rate reduction of 25% is
exchange for not less than a 25% reduction specific time frame. Adds a provision
allowed subject to: vegetation
in annual rental rate, subject to nesting
allowing grazing conducted as a
management requirements and
season restrictions, vegetation
management activity under a
carrying capacity under LFP; timing
management requirements and stocking
conservation plan to occur without a
restrictions; a limit of not more than
rates, and limited to not more than once
rental rate reduction. Adds a new
once every three years; and a waiver
every two years (accounting for regional
provision that allows for grazing on CRP
of all reductions for veterans or
differences). (16 U.S.C. 3833(b))
land during the FSA determined “normal
beginning farmers or ranchers.
grazing period” under the Livestock
Managed and routine grazing is not
Forage Disaster Program (LFP)
permitted during times of severe or
without regard to primary nesting
high intensity drought (as determined
season if there is a 50% reduction of the
by the U.S. Drought Monitor) or
normal carrying capacity determined
when determined to cause long-term
under LFP. (§2204(b))
damage to the vegetative cover. SAFE
and CREP acres may be grazed if
permitted under the related
agreement. (§2103(b))
No comparable provision.
No comparable provision.
Adds a new provision allowing state
Similar to Senate provision but allows
technical committees to determine
USDA to make the determination, not
years in which harvesting and grazing
state technical committees.
shall not be permitted if it would
(§2206(b))
cause long-term damage to vegetative
cover on that land. (§2103(c))
No comparable provision.
Adds a new provision providing that
No comparable provision.
Identical to House provision.
when a natural disaster or adverse
(§2206(c))
weather event has the same effect as a
management practice required under a
conservation plan, USDA cannot require
a similar management practice if the
natural disaster or adverse weather
event achieved the same effect.
(§2204(c))
Cost-share payments. Land enrol ed in
Reduces cost-share assistance. Cost-
No comparable provision.
Similar to House provision with
CRP is eligible to receive cost-share
share payments are limited to 40% of
amendments, including removal of the
assistance for practices implemented.
the actual or average cost of establishing
40% cost-share payment limit. Includes
Cost-share payments are limited to 50% of
the practice except for seed, which is
seed cost limitation but increases the
CRS-98

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
the actual or average cost of establishing
limited to 25% of the cost. No cost-
limit to 50%. Removes incentive
the practice and no more than 100% of the share is available for contract
payment limitation. Adds an exception
total cost. Hardwood trees, windbreaks,
management activities. No incentive
to ineligibility for cost-share for CREP
shelterbelts, and wildlife corridors are
payments, except those described
contracts. Also, adds a 50% limit on
eligible for additional cost-share payments.
below, are allowed beyond the cost of
practice incentives for continuous
Owners are ineligible from receiving cost-
installing the practices. Removes the
enrol ment practices. (§2207(a))
share payments if assistance is provided
additional cost-share assistance for
under other federal programs (16 U.S.C.
hardwood trees, windbreaks,
3834(b))
shelterbelts, and wildlife corridors.
(§2205(a))
Incentive payments. Incentive payments
Reduces incentive payments to not
Adds a new provision allowing signing
Identical to House provision.
are allowed for up to 150% of the total
more than 100% of the total cost of
and practice incentive payments for
(§2207(b))
cost of thinning and other practices to
thinning and other practices to promote
continuous sign-up contracts to
promote forest management or enhance
forest management or enhance wildlife
encourage participation. These
wildlife habitat. (16 U.S.C. 3834(c))
habitat. (§2205(b))
incentive payments are limited to
periods of high commodity prices.
(§2104(1)(B))
Annual rental payments. Land enrol ed
Adds a requirement that when
No comparable provision.
Similar to House provision with
in CRP is eligible to receive an annual
determining the amount of annual rental
amendments. Requires the Secretary
rental payment. In determining the amount
payments the Secretary must consider
to consider the impact on the local
to be paid, the Secretary has discretion in
the impact on the local farmland rental
farmland rental market and other
determining the amount necessary to
market. (§2205(c)(1))
factors determined by the Secretary.
encourage enrol ment. (16 U.S.C.
(§2207(c)(1))
3834(d)(1))
CRP enrol ment is conducted through the
Reduces annual rental payments based
No directly comparable provision. See
Similar to House provision with
submission of bids by owners and
on enrol ment type. Newly enrol ed
rental rates under (Section 2104(2)(B)
amendments. Does not limit average
operators of eligible land. Annual rental
acres receive not more than 80% of the
below.
county rental rates for newly enrol ed
payments under CRP contracts are
average county rental rate (described
land. Reenrol ed land receives not
determined by the Secretary in accordance
below). Reenrol ed land receives not
more than 85% of the average county
with the rental rate criteria (see below).
more than a percentage of the average
rental rate for general enrol ment
(16 U.S.C. 3834(d)(2))
county rental rate for the year of
contracts and 90% for continuous
reenrol ment subject to the fol owing
enrol ment contracts. The reduction
schedule:
may be waived for CREP contracts.
•
Adds a sign-up incentive for

First reenrol ment: not more than
65%,
continuous enrol ment of 32.5% of the
CRS-99

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
•
Second reenrol ment: not more
first annual rental payment.
than 55%,
(§2207(c)(2))
•
Third reenrol ment: not more than
45%, and
•
Fourth reenrol ment: not more
than 35%.
(§2205(c)(2))
When accepting CRP offers, USDA may
No comparable provision.
Adds a requirement for USDA to
No comparable provision.
consider how the land would improve soil
prioritize marginal and
resources, water quality, or wildlife habitat
environmentally sensitive land when
or provide other environmental benefits.
evaluating offers. (§2104(2)(A)(iii))
(16 U.S.C. 3834(d)(3))
Enrol ment of hardwood tree acres are to
Deletes provision. (§2205(c)(3))
No comparable provision.
Identical to House provision.
be considered on a continuous basis. (16
(§2207(c)(3))
U.S.C. 3834(d)(4))
Rental rates. CRP rental rates are based
Requires NASS to conduct a county
Requires NASS to conduct a county
Similar to House and Senate
on soil productivity and the county average average rental rate survey annually and
average rental rate survey annually.
provisions with amendments. Requires
rental rate. USDA may use the National
publish the survey estimate not later
Reduces annual rental payments to
NASS to conduct a county average
Agricultural Statistics Service’s (NASS)
than September 15 each year. Requires
not more than 88.5% of the rental
rental rate survey annually and publish
survey estimates relating to dryland cash
the Secretary to use the NASS survey
rate (excluding incentive payments).
the survey estimate not later than
rental rates when determining annual
estimates relating to dryland rental rates
(§2104(2)(B))
September 15 each year. Adds a
rental rates. NASS is required to conduct a when determining annual rental rates.
requirement that USDA post the
survey no less than once a year on county
Deletes references to “cash” rental
current and previous soil rental rates
average market dryland and irrigated cash
rates. (§2205(c)(4))
for each county online. Requires the
rental rates. (16 U.S.C. 3834(d)(5))
Secretary to use the NASS survey
estimates relating to dryland rental
rates when determining annual rental
rates.
Creates a new provision allowing FSA
state committees and CREP partners
to propose alternative soil rental rates
with acceptable documentation and
with notification to congressional
authorizing committees. The county
average soil rental rate is limited to
CRS-100

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
85% for general enrol ment or 90% for
continuous enrol ment.
(§2207(c)(5))
Limits on rental payments. The total
Adds a limit on payments to states
Maintains the $50,000 rental payment
Identical to Senate provision.
amount of rental payments received
under CREP to 50% of the cost of
limit. Adds a waiver of payment limits
(§2207(d))
directly or indirectly may not exceed
activities carried out under the CREP
and adjusted gross income (AGI)
$50,000. Additional payment received
agreement. (§2205(d))
requirements for rural water district
under a CREP contract is not subject to
or association land enrol ed for the
the payment limit. USDA is allowed to
purpose of protecting a wellhead.
enter into CREP agreements with States.
Deletes reference to CREP
(16 U.S.C. 3834(g))
agreements. (§2104(3))
Early termination. Owners and
Amends the early termination provisions Deletes the early termination
No comparable provision.
operators were allowed to terminate their
to allow producers with a CRP contract
provision. (§2106(a)(1))
CRP contracts in FY2015 without penalty if in place for five or more years to
the contract had been in place for at least
terminate the contract in FY2019.
five years. Land not eligible for early
(§2206(a))
release includes filterstrips, waterways,
strips adjacent to riparian areas,
windbreaks, shelterbelts, erodibility index
of more than 15, hardwood trees, wildlife
habitat, duck nesting habitat, pol inator
habitat, upland bird habitat buffer, wildlife
food plots, State Acres for Wildlife
Enhancement, shallow water areas for
wildlife, rare and declining habitat, farmable
wetlands, restored wetlands, diversions,
erosion control structures, flood control
structures, contour grass strips, living
snow fences, salinity reducing vegetation,
cross wind trap strips, sediment retention
structures, federally designated wellhead
protection areas, an easement under CRP,
an average width of a perennial stream or
permanent water body, and a CREP
contract. Terminations become effective
upon approval and payments are prorated.
Land is stil eligible for future CRP
CRS-101

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
contracts and, if returned to production, is
subject to conservation compliance
requirements. (16 U.S.C. 3835(e))
Transition Incentives Program. The
Amends the CRP transition option to
Amends the program to transfer land
Similar to Senate provision with minor
transition option under CRP facilitates the
allow new owners to start the organic
from any CRP contract holder (not
amendments. (§2208(a))
transfer of CRP acres from a retiring
certification process up to three years
limited to retiring or retired farmer or
owner to a beginning/socially
before the CRP contract expires.
rancher) to a beginning/socially
disadvantaged/veteran producer to return
Requires that financial and technical
disadvantaged/veteran producer.
land to production, and it allows the new
assistance be provided to the new
Extends the time available for the new
owner to begin land improvements or start owner to carry out a conservation plan.
owner to begin land improvements or
the organic certification process one year
(§2206(b))
start the organic certifications
before the CRP contract expires. In
contract from one year to two years
exchange, the retiring owner receives up
before the CRP contract expires.
to two additional years of annual CRP
Amends participation requirements to
rental payments fol owing the expiration of
allow short-term leases (less than 5
the CRP contract. (16 U.S.C. 3835(f))
years) with option to purchase. In
addition, gives land enrol ment priority
for EQIP, CSP, and Agricultural
Conservation Easement Program
(ACEP). Allows for enrol ment into a
CRP grassland contract.
(§2106(a)(3))
End of Contracts. Landowners may
Amends the provision to allow for
No comparable provision.
Similar to House provision but allows
enrol in Conservation Stewardship
enrol ment in EQIP and conduct EQIP
a landowner to begin the organic
Program (CSP) and conduct activities
practices in the final year of the CRP
certification process three years prior
required under CSP in the final year of the
contract without violating the terms of
to the end of the contract.
CRP contract without violating the terms
the contract. (§2206(c))
(§2208(b))
of the contract. (16 U.S.C. 3835(g))
State laws. Land is considered ineligible
No comparable provision.
Requires USDA to amend CRP
Similar to Senate provision except the
for CRP if the landowner has received
regulations prohibiting enrol ment of
provision is limited to CREP land.
written notice that the land is required to
land with existing protection measures (§2209)
have a resource concern or environmental
if FSA, in consultation with the state
protection measure or practices in place in
technical committee, considers the
accordance with tribal, state, or other local
enrol ment to be in the best interest
law, ordinances, or other regulation. (7
of the program. (§2108)
C.F.R. 1410.6(d)(4))
CRS-102

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Environmental Quality Incentives Program (EQIP)
No comparable provision.
No comparable provision.
No comparable provision.
Moves the Conservation Stewardship
Program (CSP) under the EQIP
chapter and makes conforming
amendments. (§§2301(a), (b), &
(d))
Purpose. The purpose of EQIP is to
No comparable provision.
Adds climate adaptation to the 3rd
Similar to Senate provision with minor
promote production and environmental
purpose area. Amends the 4th purpose amendments. (§2302)
quality as compatible goals, and optimize
area to address identified, new, or
environmental benefits by assisting
expected resources associated with
producers: (1) with compliance with
changes to production systems and
regulatory requirements; (2) avoid the
removes the cost-effective purpose.
need for regulation; (3) install and maintain
(§2301)
conservation practices; and (4) make cost-
effective changes to current production
systems. (16 U.S.C. 3839aa)
Definitions. Five terms are defined under
Amends the definition of practice by
Adds a definition for conservation
Similar to House and Senate
EQIP: eligible land, organic system plan,
adding precision conservation
planning survey which may be
provisions with amendments
payment, practice, and program. Practice is
management planning and the use of
developed by non-USDA entity and
Adds a definition for conservation
defined as one or more improvements
cover crops and resource conserving
incorporated into the required EQIP
planning assessment that may be
(e.g., structural, land management, or
crop rotations as eligible conservation
plan.
developed by non-USDA entity and
vegetative practice; forest management;
activities.
Amends the definition for eligible land
incorporated into the required EQIP
and other practices defined by USDA) or
Adds definitions for priority resource
to include land that facilitates the
plan.
conservation activities (e.g., comprehensive concerns and stewardship practice. Both
avoidance of crossing an
nutrient management plans and other plans
Amends the definition of eligible land
new definitions are similar but not
environmentally sensitive area.
as determined by USDA). (16 U.S.C.
to include environmentally sensitive
identical to the definitions for priority
3839aa-1) Under CSP, priority resource
Amends the definition of practice to
areas and identified or expected
resource concern and stewardship
concern is defined as a resource concerned
include soil tests and soil remediation
resource concerns related to
threshold that are repealed under CSP.
that is identified at the national, state, or
practices. Adds resource-conserving
agricultural production.
(§2301)
local level as a priority, is significant in a
crop rotation planning, soil health
Adds definitions for incentive practice
state or region, and could be addressed
planning, and conservation planning
and priority resource concern similar to
successful y under the program.
survey to the list of eligible
the stewardship threshold and priority
Stewardship threshold is defined as a level of
conservation activity plans.
resource concern definitions under CSP.
management required to conserve or
Adds a definition for producer, which
Amends the definition of practice to
improve the quality and condition of a
includes an acequia. (§2302)
include soil tests and soil remediation
practices. Adds resource-conserving
CRS-103

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
natural resource. (16 U.S.C. 3838d(5)
crop rotation planning, soil health
and (7))
planning, conservation planning
assessments, and precision
conservation planning to the list of
eligible conservation activity plans.
Adds a definition for soil remediation as
a scientifically based practice that
addresses soil contaminates and
sustainability.
Adds a definition for soil testing as an
evaluation of soil health. (§2303)
Establishment. EQIP is authorized
Reauthorizes EQIP through FY2023.
Identical to House provision.
Identical to House and Senate
through FY2019. (16 U.S.C. 3839aa-
(§2302(a))
(§2303(1))
provisions. (§2304(a))
2(a))
Advanced payments. EQIP contracts
No comparable provision.
Increases advanced payments to at
Similar to Senate provision with
are paid upon the completion of the
least 50% of the practice cost. Extends amendments. Includes the increased
approved conservation practice. USDA is
the fund return period to 180-days
advance payments at the election of
authorized, however, to make up to 50%
and adds an opt-out option for eligible
the producer. Does not include the
of the cost of the practice available in
producers. (§2303(3)(A))
180-day extension but adds a
advance for a limited resource, socially
notification and documentation clause.
disadvantaged, veteran, or beginning farmer
(§2304(b)(1))
or rancher. Advanced funds must be used
to purchase materials within 90-days or
the funds must be returned. (16 U.S.C.
3839aa-2(d)(4)(B))
No comparable provision.
No comparable provision.
Adds new sections requiring review
Similar to Senate provision with
and guidance, within a year of
amendments. Moves elements of the
enactment, on the cost effectiveness
review of cost-share rates or
of cost-share rates and the flexibility
conservation practices standards to
of conservation practice standards.
the “Administrative requirements for
Also requires that each state, in
conservation programs” section (see
consultation with the state technical
§2503(b)). Allows states the option,
committee, identify ten high-priority
in consultation with the state technical
practices that wil be eligible for up to
committee, to identify 10 high-priority
practices that wil be eligible for up to
CRS-104

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
90% of the practice cost.
90% of the practice cost.
(§2303(3)(B))
(§2304(b)(2))
Funding allocation. Requires that 60% of Deletes carve-out for livestock related
Reauthorizes and reduces the carve-
Similar to Senate provision with
payments go to practices related to
practices. Reauthorizes the wildlife
out for livestock related practices to
amendments. Does not include the
livestock production and that a minimum
habitat payment minimum (5%) through
50% through FY2023 and includes
review of the allocation process.
of 5% of annual funds go to payments
FY2023. (§2302(b))
grazing management practices.
(§2304(c))
benefiting wildlife habitat through FY2018.
Reauthorizes and increases the wildlife
(16 U.S.C. 3839aa-2(f))
habitat payment minimum to 10%
through FY2023. Adds a requirement
for USDA, within a year of enactment,
to review the annual funding allocation
process. (§2303(4))
Wildlife habitat incentives program.
No comparable provision.
Adds a provision to EQIP contract
Similar to Senate provision but moves
Subprogram under EQIP that provides
terms allowing 10-year contracts for
provision to the wildlife habitat
payments for conservation practices that
wildlife practices which may include
incentives section of EQIP. Adds new
benefit wildlife habitat. (16 U.S.C.
incentivizing seasonal wetland
requirements that limits wildlife
3839aa-2(g))
development for waterfowl and
contracts to 10 years. Also adds
Contract terms. EQIP contracts are
migratory birds. (§2303(2))
specific requirements for seasonal
limited to 10 years. (16 U.S.C. 3839aa-
wetland habitat practices. (§2304(d))
2(b)(2))
Water conservation. EQIP may fund
Amends the provision by specifying that
Allows EQIP payments to be made to
Similar to Senate provision with
irrigation efficiency practices. Priority is
payments may be provided for water
producers or selected eligible entities
amendments. Adds land-grant
given for applications that reduce water
conservation scheduling technology or
for water conservation or irrigation
mercedes as an eligible entity. Adds
use on the operation or those in which the management, irrigation-related structural efficient practices. Eligible entities may
land adjacent to as producer’s eligible
producer agrees not to use the water
practices, use of existing or upgrade of
be a state, irrigation district,
land to the list of land on which water
savings to bring new land into irrigation.
drainage systems, or transition to water-
groundwater management district,
conservation or irrigation efficient
(16 U.S.C. 3839aa-2(h))
conservation crops or rotations. Adds a
acequia, or similar entity. Practices
practices must be implanted. Allows
new provision allowing USDA to
must be implemented on eligible land
USDA to waive income and payment
contract with irrigation districts,
of the producer or land under the
limits and impose additional limits.
irrigation associations, drainage districts,
control of the eligible entity. AGI and
(§2304(e))
and acequias if the watershed-wide
payment limits may be waived for
project wil effectively conserve water.
eligible entities. Priority is given to
Only eligible land or land owned by the
applications that reduce water use.
irrigation entity is eligible. USDA may
(§2303(5))
waive income and payment limits and
impose additional limits. Priority is
CRS-105

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
amended to include the new irrigation
entity land. (§2302(c))
Organic payment limits. Payments for
No comparable provision.
Amends the payment limit to a total of Similar to Senate provision except
conservation practices related to organic
$160,000 from FY2019 through
amends the payment limit to a total of
production are limited to a total of
FY2023. (§2303(6))
$140,000 from FY2019 through
$20,000 per year or $80,000 during any 6-
FY2023. (§2304(f))
year period. (16 U.S.C. 3839aa-2(i))
No directly comparable provision.
Stewardship contracts. Establishes a
No comparable provision.
Similar to House provision with
Under CSP, contracts (five years in length
new stewardship contract based on
amendments. Establishes a new
with the option of renewal) are based on
priority resource concerns within a
Conservation Incentive Contract
meeting or exceeding a stewardship
state. No more than three priority
under EQIP. Limits application of the
threshold on the entire agricultural
resource concerns are identified in each
contracts to identified priority
operation. Participants must meet two
state. Contracts are for five to 10 years
resource concerns within select
priority resource concerns upon entry and
and provide annual payments to
geographic regions. Adds prioritization
meet or exceed one additional priority
incentivize increased conservation
for applications that address eligible
resource concern by the end of the
stewardship and the adoption,
priority resource concerns and are
contract. Contract renewal participants
installation, management, and
grouped by similar operations.
must meet the threshold for two additional maintenance of conservation practices.
Expands provisions providing
priority resources concerns or exceed the
Payment amounts are to consider the
payments for income forgone.
threshold for two existing priority
level and extent of the practice, cost,
Requires annual payments be made at
resource concerns. CSP provides two
income forgone, and longevity of the
the beginning of each fiscal year and
possible payments: (1) an annual payment
practice. Payments are limited to
practice payments soon after
for installing new conservation activities
$50,000 per fiscal year. Not more than
implementation of the practice. Does
and maintaining existing activities and (2) a
50% of total EQIP funds may be used for
not include payment limits or a
supplemental payment for adopting a
stewardship contracts. (§2302(d))
percentage of EQIP funds to be used
resource-conserving crop rotation.
for incentive contracts. (§2304(g))
Enrol ment is offered through a continuous
sign-up and applications are accepted year-
round. CSP payments are limited to not
more than $200,000 total between FY2014
and FY2018. (16 U.S.C. 3838d-3838g)
No comparable provision.
No comparable provision.
Pilot program. Establishes a pilot
No comparable provision.
program, in not more than ten states,
for small-scale agricultural operations.
The pilot includes a payment criteria,
application requirements, program
CRS-106

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
coordinator, and a report to
Congress. (§2303(7))
Evaluation of applications. USDA is
No comparable provision.
Adds a requirement that the
No comparable provision.
required to develop criteria for evaluating
evaluation criteria give priority to the
applications that wil ensure that national,
most effective conservation practices.
state, and local conservation priorities are
(§2304)
effectively addressed. (16 U.S.C. 3839aa-
3(a))
EQIP plans. All EQIP contracts require
No comparable provision.
Amends the EQIP plan of operation
Identical to Senate provision. (§2305)
an approved plan of operations. For
for confined livestock feeding
confined livestock feeding operations, the
operations to develop and progressively
plan provides for the development and
implement a CNMP. (§2306)
implementation of a comprehensive
nutrient management plan (CNMP). (16
U.S.C. 3839aa-5(a)(3))
Limitation on payments. An EQIP
Extends the EQIP payment limit
Identical to House provision. (§2307)
Similar to House and Senate
participant’s payments are limit to an
($450,000) for FY2019-FY2023 (§2303)
provisions, except exempts new
aggregate of $450,000 between FY2014-
Conservation Incentive Contracts
FY2018. (16 U.S.C. 3839aa-7)
from the EQIP payment limit. Extends
the EQIP payment limit of $450,000
for FY2019-FY2023. (§2306)
Conservation Innovation Grants
Limits CIG to no more than $25 mil ion
Expands the type of conservation
Similar to Senate provision with
(CIG) and payments. CIG is a
annually. Amends eligible uses to include
projects to include urban agriculture
amendments. Adds community
competitive grant program within EQIP.
persons participating in an educational
and edge of field monitoring.
col eges carrying out demonstration
Grants are provided, on a matching basis,
activity through an institution of higher
(§2308(1))
projects to the list of eligible
to implement innovative conservation
education. (§2304(a))
organizations. Amends the inclusion of
projects. (16 U.S.C. 3839aa-8(a))
urban agriculture projects and
includes edge of field monitoring.
(§2307(a))
Requires that $25 mil ion of EQIP funds
Reauthorizes and increases the air
Reauthorizes the air quality funding
Similar to House provision with minor
annually (through FY2018) be used to
quality funding carve-out to $37 mil ion
carve-out of $25 mil ion through
amendments. (§2307(b))
address air quality concerns. (16 U.S.C.
of EQIP annually between FY2019 and
FY2023. (§2308(2))
3839aa-8(b))
FY2023. (§2304(b))
CRS-107

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
No comparable provision.
Requires up to $25 mil ion of EQIP funds No comparable provision.
Similar to House provision with
for FY2019-FY2023 be used for on-farm
amendments. Establishes an on-farm
conservation innovation trials to test
conservation innovation trial but
new or innovative conservation
adds an AGI limit, a reporting
approaches either directly with
requirement, and prohibition on
producers or with eligible entities.
administrative expenses for eligible
(§2304(c))
entities. Adds a geographic factor.
Includes a soil health demonstration
pilot similar to the Senate provision
(see below). (§2307(c))
No comparable provision.
No comparable provision.
Soil health demonstration pilot.
Similar to Senate provision with
Authorizes a new pilot project to
amendments. Adds a soil health
provide financial assistance for soil
demonstration trial under the on-farm
health practices. A study and a report
conservation innovation trial within
are required. Authorizes $15 mil ion
CIG (see (§2307(c) above). Does not
of EQIP funding annually between
include separate funding authority.
FY2019 and FY2023 to be used for
(§2307(c))
the pilot. (§2309)
CIG report. A report is required no later
Adds a requirement that USDA use the
No comparable provision.
Similar to House provision with
than December 31, 2014, and every two
required CIG reports to establish and
amendments. Adds the soil health
years thereafter, to Congress regarding
maintain a public conservation practice
demonstration trial report to the list
CIG funding, project results, and
database. (§2304(c))
of reports required. (§2307(c))
technology transfer efforts. (16 U.S.C.
3839aa-8(c))
Conservation Stewardship Program (CSP)
No comparable provision.
No comparable provision.
No comparable provision.
Moves the CSP under the EQIP
chapter and makes conforming
amendments. (§§2301(a), (b) & (d))
No comparable provision.
No comparable provision. Repeals CSP
No comparable provision.
No directly comparable provision.
with transition provisions for current
Terminates CSP as in effect on the day
contracts to receive CCC funding until
before enactment. Provides transition
expiration with no option for renewal.
provisions allowing current contracts
(§2801)
to remain in effect until completion
and eligible for an extension in the
fifth year of the original contract.
CRS-108

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Existing contracts may not be
renewed unless certain conditions are
met. Specific provisions are provided
for Regional Conservation Partnership
Program (RCPP) agreements that
include CSP acreage. CCC funding is
to be made available to carry out
current contracts. (§§2301(c)(2)-
(c)(5))
Definitions. Seven terms are defined
No comparable provision.
Amends the definition of conservation
Identical to Senate provision.
under CSP: agricultural operation,
activities to include comprehensive
(§2308(a))
conservation activities, conservation
conservation plans, soil health planning
stewardship plan, eligible land, priority
to increase soil organic matter, and
resource concern, program, and stewardship
activities that wil adapt or mitigate
threshold. Conservation activities are defined
against increasing weather volatility.
as a conservation systems, practices, or
Amends the definition of stewardship
management measures that can include
threshold to include measurable
structural, vegetative, and land
resource improvements through the
management measures as well as planning.
use of tools, models, criteria, data, and
Stewardship threshold is defined as a level of
other methods. (§2201)
management required to conserve or
improve the quality and condition of a
natural resource. (16 U.S.C. 3838d(2)
and (7))
Establishment and exclusions. The
No comparable provision.
Extends the authorization through
Similar to Senate provision with minor
purpose of CSP is to encourage producers
FY2023. Extends the cropping history
amendments. (§2308(b))
to address priority resource concerns in a
requirement to 4 of the 6 years
comprehensive manner by undertaking
preceding the date of enactment.
additional conservation activities and
(§2202)
improving, maintaining, and managing
existing conservation activities. CSP is
authorized through FY2023. Eligible land
may not be enrol ed in other retirement or
easement conservation programs (e.g.,
CRP and ACEP) and must have a cropping
CRS-109

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
history (4 of the 6 years preceding
February 7, 2014). (16 U.S.C. 3838e)
Ranking of applications. Applications
No comparable provision.
Amends the application ranking
Identical to Senate provision.
are ranked based on the (1) level of
criteria to include (1) the conservation (§2308(c)(1))
conservation treatment at the time of
benefits on all applicable priority
application, (2) degree of proposed
resource concerns at the time of
increased conservation performance, (3)
application, (2) the degree of
number of proposed priority resource
proposed increased conservation
concerns to be treated, (4) extent other
benefits, and (3) other consistent
priority resource concerns wil be
criteria, as determined by the
addressed, (5) cost effectiveness of the
Secretary. Requires that similarly
offer, and (6) effect of priority resource
ranked applications be determined
concerns when transitioning from CRP to
based on the cost-effectiveness of the
agricultural production. (16 U.S.C.
offer. (§2203(1))
3838f(b)(1))
After a producer is determined eligible for
No comparable provision.
No comparable provision.
Amends contracting language to
CSP and the contract offer ranks high
include contract renewals as eligible
enough under the evaluation criteria, then
for enrol ment. (§2308(c)(2))
a conservation stewardship contract is
offered to enrol the eligible land into CSP.
(16 U.S.C. 3838f(c))
Contract renewal. CSP contracts may
No comparable provision.
Increases the renewal threshold
Similar to the Senate provision with
be renewed for an additional five years if
requiring the adoption of new or
amendments. Specifies that contract
the producer is in compliance with the
improved conservation activities that
renewals may be offered in the first
expiring contract and agrees, at a
can demonstrate continued
half of the fifth year. (§2308(c)(4))
minimum, to meet or exceed the
improvement on the entire operation
stewardship threshold for at least two
for the additional five-year period. The
additional priority resource concerns, or
producer must also agree, at a
exceed the stewardship threshold of two
minimum, to meet or exceed the
existing priority resource concerns. (16
stewardship threshold for at least two
U.S.C. 3838f(e))
additional priority resource concerns,
or adopt or improve at least two
existing priority resource concerns.
(§2203(2))
Acreage enrollment limitation. Total
No comparable provision.
Amends the acreage enrol ment
Deletes acreage limitation and national
acreage enrol ment is limited to 10 mil ion
limitation to begin on the date of
average payment rate. Makes
CRS-110

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
acres annually between February 7, 2014
enactment and end on September 30,
conforming amendments limiting the
and September 30, 2028. Requires a
2028. Lowers the annual acreage
program to a funding amount rather
national average rate of $18 per acre (to
enrol ment limit to 8,797,000.
than to an acreage total.
include all costs). (16 U.S.C. 3838g(c))
(§2204(1))
(§§2308(d)(1)-(d)(3))
No comparable provision.
No comparable provision.
Cover crop payments. Requires
Identical to Senate provision.
that payments for cover crop activities (§2308(d)(4))
be at least 125% of the annual
payment rate. (§2204(2))
Crop rotation payments. Additional
No comparable provision.
Authorizes additional payments for
Similar to Senate provision with minor
payments are authorized for the adoption
resource-conserving crop rotations
amendments. (§2308(d)(5))
of resource-conserving crop rotations.
and advanced grazing management.
Resource-conserving crop rotation is defined
Defines advanced grazing management
and the rotation is required to provide a
and requires that payments for these
conservation and production benefit. (16
additional payments be at least 150%
U.S.C. 3838g(e))
of the annual payment rate.
(§2204(3))
No comparable provision.
No comparable provision.
Comprehensive conservation
Similar to Senate provision with minor
plans. Adds a new provision
amendments. (§2308(d)(6))
authorizing a one-time payment for
the development of a comprehensive
conservation plan. (§2204(5))
Payment limit. CSP payments are limited No comparable provision.
Extends the payment limit aggregate of Similar to Senate provision with minor
to a total of $200,000 for all contracts
$200,000 for all CSP contracts
amendments. (§2308(d)(7))
entered into between FY2014 through
between FY2019 and FY2023.
FY2023. (16 U.S.C. 3838g(f))
(§2204(6))
Organic certification. USDA is required
No comparable provision.
Requires USDA to allocate CSP
Similar to Senate provision with minor
to establish transparent means by which
funding to states to support organic
amendments. (§2308(d)(8))
CSP participants may initiate organic
transition and production. Allocations
certification under the Organic Foods
must be based on the number of
Production Act of 1990 (7 U.S.C. 6501 et
organic operations and organic acres
seq.). (16 U.S.C. 3838g(h))
within a state. (§2204(7))
No comparable provision.
No comparable provision.
Additional CSP requirements.
Similar to Senate provision with minor
Requires that USDA streamline and
amendments. (§2308(d)(9))
coordinate CSP and EQIP. Requires
CRS-111

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
USDA to manage CSP to enhance soil
health. Requires annual reports on the
program. (§2204(8))
No comparable provision.
No comparable provision.
No comparable provision.
Grassland Conservation
Initiative. Creates a new grassland
conservation contract. One sign-up is
to be held in FY2019. Contracts are
limited to five years, with no renewal,
but can be terminated at any time
with no repayment penalty. Payments
are limited to $18 per acre. (§2309)
Other Conservation Programs
Watershed Protection and Flood
No comparable provision.
Waives the 250,000-acre limit for
Similar to Senate provision with
Prevention (Watershed Operations).
regional drought projects. Waives the
amendments. Waives the watershed
Provides technical and financial assistance
watershed planning requirements
planning requirements when
to states and local organizations to plan
when considered unnecessary or
considered unnecessary or duplicative
and install watershed projects. Such sums
duplicative. (§2427)
but does not include the acres limit
as necessary are authorized to be
waiver for drought projects.
appropriated for the program. No
(§2401(a))
watershed project may exceed 250,000
acres, and no structure may exceed more
than 12,500 acre-feet of floodwater
detention capacity, or 25,000 acre-feet of
total capacity. Assistance is provided
according to a plan. (16 U.S.C. 1001 et
seq.)
No comparable provision.
Adds a new section authorizing $100
Limits and sunsets authorization for
Adds a new section permanently
mil ion annually in mandatory funding
appropriation to $200 mil ion annually
authorizing $50 mil ion in mandatory
between FY2019 and FY2023 to remain
from FY2019 through FY2023.
funding annually beginning in FY2019.
available until expended. (§2404(b))
(§2415)
(§2401(c))
Small Watershed Rehabilitation
Extends annual authorization of
Extends and decreases annual
Identical to House provision.
Program. Authorizes appropriations of
appropriations of $85 mil ion annually
authorization of appropriations to $20 (§2401(b))
up to $85 mil ion annually for FY2008-
through FY2023. (§2404(a))
mil ion annually through FY2023.
FY2018 and $250 mil ion in mandatory
(§2416)
CRS-112

link to page 320
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
funding for FY2014 to remain available until
expended. (16 U.S.C. 1012(h)(2)(E))
Soil and Water Resources
Amends the RCA to require USDA to
No comparable provision.
Similar to House provision with
Conservation Act of 1977 (RCA). The
conduct two comprehensive appraisals
amendments. Extends original RCA
RCA provides USDA with broad natural
of soil, water, and related natural
with varying completion dates. Does
resource strategic assessment and planning
resources (completed by year-end
not include requirement for two new
authority. USDA is required to conduct a
2022). Adds a new requirement for
appraisals. (§2402)
nationwide appraisal of soil, water, and
assessing and monitoring USDA
related resources. USDA is also required
programs and initiatives and their
to develop a national conservation program
progress in reaching natural resource
to guide the department’s administration of and environmental objectives. Requires a
conservation activities. Appraisals and
report in the third fiscal year after
program statements are due to Congress
enactment, and periodically thereafter.
on a fixed schedule. (16 U.S.C. 2001 et
Authorizes appropriations equal to 1%
seq.)
of all mandatory conservation program
funding (excluding CRP). (§2408)
Emergency Conservation Program
Adds a reference to wildfires in a list of
Similar to House provision, except for
Similar to Senate provision with minor
(ECP). Provides emergency funding and
natural disasters. Adds a new provision
the provision of advanced payment,
amendments. (§§2403(a)&(b))
technical assistance to producers to
allowing producers repairing or replacing which limits advanced payments to
rehabilitate farmland damaged by natural
damaged fences the option of accepting
25% of the total payment and requires
disasters. (16 U.S.C. 2201) Payments are
payment (percentage of the fair market
that funds not expended after 60 days
made to individual producers based on a
value of the cost) before repairing or
be returned. Amendments are in the
share of the cost of completing the
replacing the fence rather than fol owing
Miscellaneous title, See Table 16.
practice. This can be up to 75% of the cost
the completion and inspection of the
(§12614)
or up to 90% of the cost if the producer is
practice. Adds a new section similar to
considered to be a limited-resources
existing regulations limiting the cost-
producer. Total payments may not exceed
share to 75% of the total allowable cost
50% of the agricultural value of the affected or up to 90% of the total allowable cost
land. Payments are made fol owing
if the producer is considered limited
completion and inspection of the practice.
resource, socially disadvantaged, or
(7 C.F.R. 701.126)
beginning farmer or rancher. Requires
that total payments for a single event
may not exceed 50% the agricultural;
value of the land. (§2406)
CRS-113

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
No comparable provision.
No comparable provision.
Adds an ECP payment limitation of
Similar to Senate provision with minor
$500,000 for agricultural producers.
amendments. (§2403(c))
(§2414(b))
Emergency Watershed Protection
No comparable provision.
Amends funding authority to include a
Similar to Senate provision with minor
(EWP) program. Assists sponsors,
set-aside of 25% of all available funding
amendments. (§§2403(d)&(e))
landowners, and operators in implementing
to repair and replace fencing.
emergency recovery measures for runoff
(§2414(c))
retardation and erosion prevention to
relieve imminent hazards to life and
property created by natural disasters. EWP
is authorized to be appropriated such sums
as necessary, to remain available until
expended. Facilities, services and
authorities of the CCC may be used when
funding is specifically appropriated. (16
U.S.C. 2204)
Conservation of Private Grazing
Extends authorization of appropriations
Similar to House provision but adds a
Identical to Senate provision. (§2404)
Land Program. Authorizes
at $60 mil ion annually through FY2023.
provision requiring education and
appropriations of $60 mil ion annually
(§2401)
outreach through partnership with
through FY2018. (16 U.S.C. 3839bb(e))
land-grant col eges and universities
and nongovernmental organizations.
(§2403)
Grassroots Source Water Protection
Extends authorization of appropriations
Extends and increases the
Identical to House provision. (§2405)
Program. Authorizes appropriations of
at $20 mil ion annually through FY2023
authorization of appropriations at $25
$20 mil ion annually through FY2018 and a
and authorizes an additional $5 mil ion in mil ion annually through FY2023. Does
one-time authorization for $5 mil ion in
mandatory funding in FY2019 to remain
not reauthorize mandatory funding.
mandatory funding to remain available until
available until expended. (§2402)
(§2405)
expended. (16 U.S.C. 3839bb-2(b))
Voluntary Public Access and Habitat
Adds authorization for $50 mil ion in
Amends and moves the program
Similar to House provision with
Incentive Program. Authorizes $50
mandatory funding for FY2019-FY2023.
under EQIP. Authorizes $40 mil ion of
amendments. Adds a $3 mil ion set-
mil ion in mandatory funds for FY2009-
(§2403)
EQIP funding for FY2019-FY2023.
aside to encourage public access on
FY2012 and $40 mil ion in mandatory funds
(§2407)
land covered by wetland reserve
for FY2014-2018. (16 U.S.C. 3839bb-
easements. (§2406)
5(f))
CRS-114

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
No comparable provision. Under the
No comparable provision.
Codifies the Working Lands for
Identical to Senate provision. (§2407)
Working Lands for Wildlife Initiative,
Wildlife initiative as in effect on the
USDA NRCS and the Department of the
day before enactment. Allows for a
Interior (DOI) U.S. Fish and Wildlife
similar agreement to be developed
Service (FWS), through a partnership
between FWS and FSA. The period of
agreement, provide voluntary targeted
regulatory predictability may be
financial and technical assistance for wildlife
extended if agreed to. (§§2425(a)-
habitat improvement on private land in
(c))
exchange for regulatory predictability
relative to the Endangered Species Act.
No directly comparable provision.
Creates a new Feral Swine
No comparable provision.
Similar to House provision with minor
National Feral Swine Damage
Eradication and Control Pilot
amendments. (§2408)
Management Program. APHIS
Program. USDA is required to study
administers the program to manage
the extent of damage from feral swine,
damage caused by feral swine in the United develop eradication and control
States. APHIS works with states, tribes,
measures and restoration methods, and
federal agencies, universities, organizations,
provide cost-share funding to
and the public and coordinates with
agricultural producers in established
Mexico and Canada on feral swine disease
pilot areas. NRCS and APHIS must
monitoring and control activities.
coordinate the pilot through NRCS state
technical committees. Cost-share
Feral Swine Initiative. Administered by
assistance is limited to 75% of the cost
NRCS in select states through EQIP. The
of eradication and control measures or
initiative offers planning and management
restoration. Authorizes $100 mil ion in
practice implementation to affected
mandatory funding for the period
landowners.
FY2019-FY2023. Requires funding to be
split equally between NRCS and APHIS
with no more than 10% for
administrative expenses. (§2405)
No comparable provision.
No comparable provision.
Report on small wetlands.
Similar to Senate provision with
Requires NRCS to submit a report to
amendments. Limits the scope of the
Congress describing the number of
report to FY2014-FY2018. (§2409)
wetlands measuring less than one acre
in size in North Dakota, South
Dakota, Minnesota, and Iowa. All
wetlands included in the report must
CRS-115

link to page 320 link to page 235
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
be described in 1/10 of an acre
increments and be based on available
science. (§2507)
No comparable provision.
Adds a sense of Congress statement
Identical to House provision. (§2428)
Identical to House and Senate
encouraging partnerships at the
provisions. (§2410)
watershed level between nonpoint
sources and regulated point sources to
advance the goals of the Federal Water
Pol ution Control Act (Clean Water
Act). (§2407)
No comparable provision.
No comparable provision.
Soil testing and remediation.
No comparable provision.
Creates a new program to assist
small-scale producers with soil
contaminant mitigation. USDA, in
consultation with EPA, is required to
create a contaminated soil testing
protocol and provide technical
assistance for remediation and
assessment. At the request of the
producer, USDA may refer the
producer to EPA for additional
assistance. (§2406)
Agriculture Conservation
No comparable provision.
Amends and expands the program in
Similar to Senate provision with minor
Experienced Service Program
the Miscellaneous title (see §12305 of
amendments included in the Research,
(ACES). Authorizes USDA to enter into
Table 16). Adds a sunset date on the
Extension and Related Matters title
agreements with organizations to provide
provision of October 1, 2023.
(see §7611 of Table 11). Does not
technical assistance (excludes
(§2408)
include the sunset provision.
administrative tasks) using qualified
individuals 55 years or older. Funding from
farm bil conservation programs (excluding
CRP) may be used to carry out the ACES
program. (16 U.S.C. 3851)
No comparable provision.
No comparable provision.
Remote telemetry data system.
No comparable provision.
Requires that the use of remote
telemetry data systems for irrigation
scheduling be considered a best
CRS-116

link to page 265 link to page 265 link to page 265
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
management practice under EQIP.
(§2409)
Healthy Forests Reserve Program
See §8107 of Table 12.
§2426.
See §8407 of Table 12.
(HFRP). See Table 12. (16 U.S.C. 6571
et seq.)
Funding and Administration
Commodity Credit Corporation
Extends the CCC authority between
Identical to House provision. Specific
Identical to House and Senate
(CCC). Authorizes the use of funds
FY2014 and FY2023. Specific funding
funding levels for programs are
provisions. Specific funding levels for
(mandatory), facilities, and authorities of
levels for programs are outlined below.
outlined below. (§2501(a)(1))
programs are outlined below.
the CCC to carry out conservation
(§2501(a)(1))
(§2501(a)(1))
programs between FY2014 and FY2018
and through FY2019 for EQIP. (16 U.S.C.
3841(a))
CRP funding. Authorizes $10 mil ion for
Extends the specific authorizations of
Extends the specific authorization of
Similar to Senate provision with
thinning activities and $33 mil ion for
$10 mil ion for thinning incentive
$11 mil ion for thinning incentive
amendments. Increases forest
transition contracts between FY2014 and
payments and $33 mil ion for transition
payments and $50 mil ion for
management thinning payments to $12
FY2018. Total funding for CRP is limited by contracts between FY2014 and FY2023.
transition contracts between FY2019
mil ion between FY2019 and FY2023.
enrol ed acres, not total dol ars. See above. (§2501(a)(1) & (a)(2))
and FY2023. Limits outreach and
Includes $50 mil ion for transition
(16 U.S.C. 3841(a)(1))
technical assistance for transition
contracts and a $5 mil ion limit on
contracts to $5 mil ion.
technical assistance. (§2501(a)(2))
(§2501(a)(2))
ACEP funding. Authorizes $400 mil ion
Reauthorizes the authority for the CCC
Reauthorizes the authority for the
Similar to House provision with
in FY2014, $425 mil ion in FY2015, $450
to fund ACEP for $500 mil ion annually
CCC to fund ACEP for $400 mil ion
amendments. Reduces ACEP funding
mil ion in FY2016, $500 mil ion in FY2017,
between FY2019 and FY2023.
annually in FY2019 through FY2021,
to $450 mil ion annually between
and $250 mil ion in FY2018. (16 U.S.C.
(§2501(a)(3))
$425 mil ion in FY2022, and $450
FY2019 and FY2023. (§2501(a)(3))
3841(a)(2))
mil ion in FY2023. (§2501(a)(3))
Conservation Security Program
Deletes provision. (§2501(a)(4))
No comparable provision.
Identical to House provision.
funding. Authorizes contracts (enrol ed
(§2501(a)(4))
prior to FY2009) with such sums as
necessary. (16 U.S.C. 3841(a)(3))
CSP funding. Total funding for CSP is
Authorizes the CCC to carry out CSP
No comparable provision.
Authorizes CSP to enrol contracts
limited by enrol ed acres, not total dol ars
contracts enrol ed prior to enactment.
limited by funding rather than acres.
(§2501(a)(5))
Authorized funding includes $700
mil ion in FY2019, $725 mil ion in
CRS-117

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
between FY2014 and FY2018. (16 U.S.C.
FY2020, $750 mil ion in FY2021, $800
3841(a)(4))
mil ion in FY2022, and $1 bil ion in
FY2023. (§2501(a)(4))
Authorizes the CCC to carry out CSP
contracts enrol ed prior to enactment
using such sums as necessary.
(§2501(a)(5))
EQIP funding. Authorizes $1.35 bil ion in
Reauthorizes the authority for the CCC
Reauthorizes the authority for the
Reauthorizes the authority for the
FY2014, $1.6 bil ion in FY2015, $1.65
to fund EQIP, including: $2 bil ion in
CCC to fund EQIP, including: $1.473
CCC to fund EQIP, including $1.75
bil ion in each FY2016 and FY2017, and
FY2019, $2.5 bil ion in FY2020, $2.75
bil ion in FY2019, $1.478 bil ion in
bil ion in FY2019 and FY2020, $1.8
$1.75 bil ion in each FY2018 and FY2019.
bil ion in FY2021, $2.935 bil ion in
FY2020, $1.541 bil ion in FY2021,
bil ion in FY2021, $1.85 bil ion in
(16 U.S.C. 3841(a)(5))
FY2022, and $3 bil ion in FY2023.
$1.571 bil ion in FY2022, and $1.595
FY2022, and $2.025 bil ion in FY2023.
(§2501(a)(6))
bil ion in FY2023. (§2501(a)(4))
(§2501(a)(4))
Availability of funds. Mandatory funding
Reauthorizes mandatory funding made
Identical to House provision.
Identical to House and Senate
made available for CRP, ACEP, CSP, and
available for CRP, ACEP, CSP, and EQIP
(§2501(b))
provisions. (§2501(b))
EQIP between FY2014 and FY2018
between FY2019 and FY2023 to remain
(FY2019 for EQIP) are authorized to
available until expended. (§2501(b))
remain available until expended. (16
U.S.C. 3841(b))
Report on program enrollments and
Reauthorizes reporting requirements
Similar to House provision but does
Similar to House provision with minor
assistance. Reports are required for
through FY2023, adds reports on annual
not add reports and does not remove
amendments. (§2501(c))
program enrol ments and assistance under
and current enrol ment statistics, and
CSP. (§2602)
conservation programs, including significant removes references to CSP. (§2501(f))
payments, waivers, and exceptions. (16
U.S.C. 3841(i))
Allocations. USDA is required to review
No comparable provision.
Amends the allocation review to
Amends the allocation review
all conservation program allocation
require an update of all conservation
requiring, within one year fol owing
formulas no later than January 1, 2012.
program allocation formulas.
enactment of the bil , annual allocation
Updates are required to reflect the cost of
(§2501(c))
formulas to account for local data and
carrying out the programs. (16 U.S.C.
input. Adds requirements for USDA
3841(g))
to consider when updating allocation
formulas. (§2501(d))
CRS-118

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Assistance to certain farmers or
Reauthorizes the EQIP set-aside through Reauthorizes the EQIP and CSP set-
Reauthorizes the EQIP and CSP set-
ranchers for conservation access.
FY2023 and deletes the reference to
asides through FY2023 and increases
asides through FY2023. Makes
Establishes an annual set-aside in EQIP and
CSP. (§2501(e))
the percentage set-aside to 15% to
technical amendments regarding the
CSP from FY2014 to FY2018—5% to
beginning farmers or ranchers and
repooling of CSP funds and preference
beginning farmers or ranchers and 5% to
15% to socially disadvantaged farmers
for veteran farmers or ranchers.
socially disadvantaged farmers or ranchers.
or ranchers. (§2501(d))
(§2501(e))
Unobligated funds for EQIP and
unobligated acres for CSP under this
provision may be repooled and obligated in
accordance with the respective program.
Preference is provided for veteran farmers
or ranchers eligible under the provision.
(16 U.S.C. 3841(h))
No comparable provision.
No comparable provision.
Conservation standards.
Similar to Senate provision with
Establishes the Natural Resources
amendments. Moves elements of the
Conservation Service (NRCS) as the
local flexibility requirements to the
lead agency for developing technical
“Review of conservation practice
standards and requirements for farm
standards” section (see §2502(c)).
bil conservation programs. Requires
(§2501(f))
the Farm Service Agency (FSA) to use
standards consistent with NRCS.
Allows local flexibility for standards
and requirements. (§2501(e))
Technical assistance. USDA is required
Deletes reporting requirements.
No comparable provision.
No comparable provision.
to give priority to producers who request
(§2501(c))
technical assistance to comply with highly
erodible land conservation (sodbuster) and
wetland conservation (swampbuster) for
the first time because of the changes made
in the 2014 farm bil that tied crop
insurance subsidies to compliance
requirements. Requires reports to
Congress related to the effect of
conservation compliance on specialty crop
producers and requested technical
assistance. (16 U.S.C. 3841(c))
CRS-119

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Regional equity. Requires regional equity Deletes provision. (§2501(d))
No comparable provision.
No comparable provision.
through proportional distribution of
conservation program funds based on
historical funding levels. Allows states in
the first quarter of the fiscal year to
establish that they can use a total of 0.6%
of certain conservation funds. If
established, those states may receive 0.6%
of funds. (16 U.S.C. 3841(d))
Delivery of technical assistance. All
Adds a definition of third-party provider: Similar to House provision with minor
Similar to House and Senate
producers participating in conservation
a commercial entity, nonprofit entity,
amendments. (§2502(1))
provisions with minor amendments.
programs must be provided technical
state or local government, or federal
(§2502(a))
assistance either by USDA or through an
agency that has expertise in the technical
approved third party. (16 U.S.C.
aspect of conservation planning.
3842(a))
(§2502(a))
Technical service providers (TSP).
Adds an alternative certification process
TSPs may be certified through NRCS
Similar to Senate provision with
TSPs are third-party providers (individuals
for TSPs requiring the acceptance of
or a nonfederal entity approved by
amendments. Does not include
or businesses) that have technical expertise other professional certification criteria
USDA to perform the certification.
reference to the American Society of
in conservation planning and design for a
that meets or exceeds the TSP
Requires USDA to streamline the
Agronomy’s certifications. (§2502(b))
variety of conservation activities. Farmers,
certification criteria. (§2502(b))
certification process for select
ranchers, private businesses, nonprofit
specialty certification, specifically the
organizations, or public agencies hire TSPs
American Society of Agronomy’s 4R
to provide these services on behalf of
nutrient management and sustainability
NRCS. NRCS certifies and approves TSPs.
specialty certification. (§2502(2))
(16 U.S.C. 3842(e))
Review of conservation practice
No comparable provision.
Requires USDA to develop, within
Similar to Senate provision with
standards. USDA is required to
one year of enactment, an
amendments. Adds local flexibility in
periodically review all conservation
administrative process to expedite the
the creation of interim practice
practice standards. USDA must consult
revision of conservation practice
standards and partner-proposed
with local interest and expedite required
standards and consideration of
techniques. Also adds state technical
revisions. (16 U.S.C. 3842(h))
innovative conservation measures.
committee input requirement.
Requires a report to Congress every
(§2502(c))
two years on the process. (§2502(3))
CRS-120

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Acreage limitations. No county may
No comparable provision.
Increases the percentage limitation on
Similar to Senate provision with minor
enrol more than 25% of the cropland into
wetland reserve easements to 15%.
amendments. (§2503(a))
CRP or wetland reserve easements under
(§2503(b))
ACEP. Not more than 10% of a county
may be enrol ed as a wetland reserve
easement under ACEP. In select situations,
USDA may waive this limitation. (16
U.S.C. 3844(f))
No comparable provision.
No comparable provision.
Review of practice costs and
Similar to Senate provision with
payment rates. Under EQIP, a new
amendments. Adds a new section
section requires review and guidance,
requiring review and guidance, within
within a year of enactment, on the
a year of enactment, on the cost
cost effectiveness of cost-share rates
effectiveness of cost-share rates and
and the flexibility of conservation
payment rates for all farm bil
practice standards. (§2303(3)(B))
conservation programs. (§2503(b))
Funding for Indian tribes. USDA may
No comparable provision.
Requires USDA to use alternative
Similar to Senate provision with
use alternative funding arrangements with
funding arrangements with Indian
amendments. Adds the requirements
Indian tribes for CSP and EQIP contracts.
tribes for CSP and EQIP contracts.
that alternative funding arrangements
(16 U.S.C. 3844(l))
(§2503(c))
for Indian tribes include a sufficient
number of eligible participants and
allows USDA to waive program limits
if authorized under EQIP and CSP to
do so. (§2503(c))
No comparable provision.
Source water protection carve-out.
Similar to House provision. Limits
Similar to House provision with
Requires USDA to encourage
applicability to CSP and EQIP.
amendments. Limits higher payments
conservation practices related to water
Incentives are subject to program
to not more than 90% of the practice
quality and quantity that protect source
limitations. Does not specify a
cost. Restricts the 10% carve-out from
waters for drinking through all farm bil
percentage carve-out of each
transferring funds between
conservation programs. Producers can
program. (§2305(e))
conservation programs. (§2503(d))
receive incentives and high payments for
such practices. USDA must col aborate
with community water systems and
NRCS state technical committees to
identify local priority areas. Requires
10% of all funding for conservation
programs (except CRP) be used annually
CRS-121

link to page 38 link to page 38
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
between FY2019 and FY2023.
(§2503(2))
No directly comparable provisions. Most
Environmental services markets.
No comparable provision.
Similar to House provision with
NRCS administered conservation
Under ACEP, adds new provision
amendments. Adds a new section
programs include a provision in regulations
preventing USDA from limiting
preventing USDA from limiting
whereby NRCS asserts o interest on any
participation in environmental services
participation in environmental services
environmental services that may be
markets. (§2603(b)(3))
markets for all farm bil conservation
marketable and produced through
programs. (§2503(e))
participation in a conservation program.
For example, see EQIP at 7 C.F.R.
1466.36(a), ACEP at 7 C.F.R. 1468.10,
and CSP at 7 C.F.R. 1470.37 (a).
No comparable provision.
No comparable provision.
Regulatory certainty. Authorizes
Identical to Senate provision.
USDA to provide technical assistance
(§2503(f))
under the farm bil conservation
programs to support regulatory
assurances for producers and
landowners, under select conditions.
(§2425(d))
No comparable provision.
No comparable provision.
No comparable provision.
Transition provisions. Allows
USDA to carry out CRP, EQIP, CSP,
ACEP, and RCPP using funding,
regulations, and policies in effect
before enactment, consistent with
amendments made in the bil , until
September 30, 2019. (§2504)
Administrative requirements for
Deletes provision and adds a similar
Similar to House provision. Retains
Similar to House provision with
conservation programs. Stipulates that
provision to Section 1611 of the
the provision in the conservation title,
amendments (see Table 5). Further
select federal grant financial reporting
Commodities title (see Table 5), which
but expands the exemption to all
defines exempted producer as an
requirements for producers (defined as
expands the federal grant financial
USDA commodity and conservation
eligible entity that participates in a
producers and landowners eligible to
reporting requirement exemption for
programs administered by the Farm
farm bil conservation program, an
participate in any USDA conservation
NRCS conservation programs to all
Service Agency and the NRCS.
indemnity or disease control program,
program) should not apply to NRCS
USDA commodity and conservation
(§2503(d))
or a Title I commodity program
conservation programs. (16 U.S.C.
programs administered by the Farm
(excluding cotton) that is administered
3844(m)).
by NRCS, APHIS, and FSA. (§1707)
CRS-122

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Service Agency and the NRCS.
(§2503(1))
Incentives for certain producers.
No comparable provision.
Adds acequias to the list of farmers
No comparable provision.
USDA may provide additional incentives
and ranchers eligible for additional
through farm bil conservation programs
incentives. (§2503(a))
for certain farmers and ranchers, including
beginning, socially disadvantaged, limited
resource, and veteran farmers or ranchers,
and Indian tribes. (16 U.S.C. 3844(a))
No comparable provision.
No comparable provision
Acequias payments. Waives the
No comparable provision.
adjusted gross income (AGI)
requirement and payment limits under
EQIP for contracts with acequias. If a
waiver is granted, USDA must impose
a separate payment limitation to the
contract. (§2503(f))
Twenty seven terms are defined under the
No comparable provision.
Adds a definition of acequia as a
No comparable provision.
conservation title of the Food Security Act
political subdivision of a state
of 1985: agricultural commodity, beginning
organized for the purpose of managing
farmer or rancher, conservation plan,
operations of irrigation ditches and
conservation system, conservation district, cost
which cannot impose taxes or levies.
sharing payment, converted wetland, farm,
Adds acequias to the list of land
field, highly erodible cropland, highly erodible
considered to be nonindustrial private
land, hydric soils, hydrophytic vegetation,
forest land. (§2504)
Indian tribe, in-kind commodities, integrated
pest management, livestock, nonindustrial
private forest land, person and legal entity,
rental payment, Secretary, shelterbelt, socially
disadvantaged farmer or rancher, state,
technical assistance, vegetative cover, and
wetland. Definitions apply to all
conservation programs within the Food
Security Act of 1985. (16 U.S.C. 3801)
Water Bank Program. Offers 10-year,
No comparable provision.
Amends funding authorization to $5
No comparable provision.
nonrenewable rental agreements to
mil ion annually between FY2019
landowners in Minnesota, North Dakota,
CRS-123

link to page 320
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
and South Dakota to maintain wetlands in
through FY2023, to remain available
lieu of draining the land for agricultural
until expended. (§2505)
production. The program is authorized to
be appropriated such sums as necessary
without fiscal year limitation. Annual
payments to landowners are limited to $30
mil ion. No more than 15% of authorized
funding may be used for agreements in any
one state. (16 U.S.C. 1310)
No comparable provision.
No comparable provision.
Report on land access, tenure,
Moves provision to §12607 (see
and transition. Requires USDA,
Table 16) and adopts portions of the
within one year of enactment, to
House bil ’s §7604 and Senate bil ’s
report on barriers to farmland
§2506 and §12625.
acquisition, how federal programs
improve access to farmland, and
required changes to improve access.
(§2506)
Agricultural Conservation Easement Program (ACEP)
Establishment and purpose. ACEP
Amends the purpose of ACEP
Similar to House provision. Amends
Identical to House provision. (§2601)
provides financial and technical assistance
agricultural land easements by adding
the purpose of ACEP agricultural land
through two types of easements:
that the purpose of protecting
easements by adding that the purpose
agricultural land easements that limit
agricultural use by limiting
of protecting agricultural use by
nonagricultural uses on productive farm or
nonagricultural uses applies specifically
limiting nonagricultural uses applies
grasslands and wetland reserve easements
for those uses that negatively affect
specifically for those uses that
that protect and restore wetlands. (16
agricultural uses and conservation values. negatively affect agricultural uses and
U.S.C. 3865)
For grasslands, the purpose is amended
conservation values. Does not amend
from protecting grasslands by restoring
grasslands purpose. (§2410(a))
and conserving land to restoring or
conserving land. (§2601)
Definitions. Five terms are defined under
Amends the definition of agricultural land
Amends the definition of agricultural
Amends the definition of agricultural
ACEP: agricultural land easement, eligible
easement by removing the requirement
land easement by removing the
land easement similar to House and
entity, eligible land, program, and wetland
that landowners farm according to an
requirement that landowners farm
Senate provisions.
reserve easement.
approved agricultural easement plan.
according to an approved agricultural
Adds a definition for buy-protect-sell
Agricultural land easement is defined as an
Amends the definition of eligible land.
easement plan.
transaction, which allows land owned
easement that protects the natural
Increases the percentage of nonindustrial
by an organization to be eligible for
CRS-124

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
resources and the agricultural nature of
private forest land that may be enrol ed
Amends the definition of eligible entity
the program, subject to the transfer of
the land while maintaining production.
in an agricultural land easement to 100%. by adding acequias.
ownership to a farmer or rancher
Eligible entity is defined as a state or local
Removes the requirement under
Amends the definition of eligible land
within three years fol owing the
government, Indian tribe, or conservation
wetland reserve easements that USDA
to include land owned by an
acquisition of the agricultural land
organization.
consult with the Department of the
organization, subject to the timely
easement.
Interior on the wildlife benefits and
Eligible land is defined separately for
transfer of ownership to a farmer or
Amends the definition of eligible land
wetland functions and values.
agricultural land easements and wetland
rancher fol owing the acquisition of
to include reference to a buy-protect-
reserve easements. Agricultural land
Adds a definition for monitoring report for the agricultural land easement.
sell transaction and removes the
easements include land with a pending
agricultural land easements. (§2602)
(§2410(b))
requirement under wetland reserve
easement offer; with prime, unique, or
easements that USDA consult with
productive soils; that contains historical or
the Department of the Interior on the
archaeological resources; that would
wildlife benefits and wetland functions
protect grazing uses; that furthers a similar
and values.
state or local policy; that is cropland,
Adds definition of monitoring report
rangeland, grassland, area historically
similar to House provision with minor
dominated by grassland, pastureland, or
amendments.
nonindustrial private forest land. Wetland
Does not amend eligible entity.
reserve easements include farmed or
(§2602)
converted wetlands; cropland or grassland
that has prior flooding from a closed basin
lake or pothole if the state or other entity
is wil ing to provide a 50% cost-share of
the easement; wetlands that are enrol ed in
the CRP, have high wetland functions, and
are likely to return to production after
CRP; riparian areas that link protected
wetlands; and wetlands determined by
USDA to be significant. (16 U.S.C.
3865a)
Agricultural land easements. ACEP
Deletes the requirement that technical
Requires USDA to facilitate and
Similar to House provision with
funds are provided for the purchase of
assistance be used pursuant to an
implement the program, including
amendments. Makes buy-protect-sell
agricultural land easements by eligible
agricultural land easement plan and
technical assistance. (§2410(c)(1))
transactions eligible for funding.
entities and for technical assistance
instead be used to implement the
(§2603(a))
pursuant to an agricultural land easement
program. (§2603(a))
plan. (16 U.S.C. 3565b(a))
CRS-125

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Eligible entities are required to provide
Amends the nonfederal share of
Similar to House provision. Amends
Similar to House provision with
contributions equivalent to the federal
agricultural land easements. Removes
the nonfederal share of agricultural
amendments, including allowing the
share or at least 50% of the federal share if
the requirement that an eligible entity’s
land easements, but not the exception
nonfederal portion used by the eligible
the entity includes contributions from the
contribution be equal to the federal
authority. (§2410(c)(2)(A) &
entity to be cash, landowner
private landowner. Grasslands of special
share or at least 50% of the federal
(c)(2)(B))
donations, costs associated with the
environmental significance are allowed up
share if the entity includes contributions
easement, or other costs determined
to 75% of the fair market for the federal
from the private landowner. Allows the
by USDA. (§2603(b)(1))
share. USDA is authorized to waive any
eligible entity to use cash contributions,
portion of the eligible entity cash
landowner contributions, or other non-
contribution requirement for projects of
USDA federal funding. Deletes the
special significance subject to an increase of exception authority for USDA to waive
private landowner donation equal to the
an eligible entity’s cash contribution for
amount of the waiver if donation is
projects of special significance.
voluntary. (16 U.S.C. 3865b(b)(2)(B) &
(§2603(b)(1))
(b)(2)(C))
No comparable provision.
No comparable provision.
Adds a new cost-share assistance
No comparable provision.
requirement for eligible entities to
develop an agricultural land easement
plan. (§2410(c)(2)(C))
The evaluation and ranking criteria for
Adds a requirement that USDA adjust
Similar to the House provision with
Similar to House provision with minor
agricultural land easement applications is
the evaluation and ranking criteria for
minor differences.
amendments. (§2603(b)(2))
required to maximize the benefit of federal
geographic differences among states.
(§2410(c)(2)(D)(i))
investment under ACEP. (16 U.S.C.
(§2603(b)(2))
3865b(b)(3))
No comparable provision.
No comparable provision.
Adds a new provision allowing USDA
Similar to Senate provision with minor
to prioritize applications that maintain
amendments. (§2603(b)(2)
agricultural viability.
(§2410(c)(2)(D)(ii))
ACEP agricultural land easement
Amends the minimum terms and
Amends the minimum terms and
Amends the minimum terms and
enrol ment is through eligible entities that
conditions by limiting the right of
conditions by limiting the right of
conditions by limiting the right of
enter into cooperative agreement of three
enforcement for USDA and removing
inspection and removing the
enforcement for USDA and removing
to five years in length with USDA. The
the requirement that an agricultural land
requirement that an agricultural land
the requirement that an agricultural
entities acquire easements and hold,
easement be subject to an agricultural
easement be subject to an agricultural
land easement be subject to an
monitor, manage, and enforce the
land easement plan unless the land is
land easement plan. Adds the ability
agricultural land easement plan unless
easements. Entities agree to a minimum
highly erodible. Adds new provisions
for eligible entities to add additional
the land is highly erodible. Adds the
CRS-126

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
level of terms and conditions for
al owing mineral development and
terms and conditions to an agricultural ability for eligible entities to add
agricultural land easements including the
preventing USDA from limiting
land easement. (§2410(c)(2)(E))
additional terms and conditions to an
effect of a violation. (16 U.S.C.
participation in environmental services
agricultural land easement, including
3865b(b)(4))
markets. (§2603(b)(3))
allowing mineral development.
(§2603(b)(3))
Moves and expands elements of the
environmental services market
participation included in the House bil
to the “Administrative requirements
for conservation programs” section
(see §2503(e) above).
USDA certifies eligible entities through a
Amends the certification process to
Adds to the certification criteria for
Similar to Senate provision with minor
certification process and according to a
allow certified entities to use their own
land trusts accredited by the Land
amendments. (§2603(b)(4))
criterion. (16 U.S.C. 3865b(b)(5))
terms and conditions for agricultural
Trust Accreditation Commission with
land easements.
more than ten successful agricultural
Adds to the certification criteria for land
land easements under ACEP or
trusts accredited by the Land Trust
another easement program, and state
Accreditation Commission with more
agencies with more than ten
than five agricultural land easements
successful agricultural land easements
under ACEP. (§2603(b)(4))
under ACEP or another easement
program. Allows certified entities to
use their own terms and conditions
for agricultural land easements.
(§2410(c)(2)(F))
USDA, if requested, may provide technical
Deletes reference to the agricultural
No comparable provision.
Identical to House provision.
assistance for compliance with the terms
land easement plan. (§2603(c))
(§2603(b)(5))
and conditions of the easements and to
implement an agricultural land easement
plan. (16 U.S.C. 3865b(d))
Wetland reserve easements. ACEP
No comparable provision.
Makes acequias eligible for 30-year
No comparable provision.
wetland reserve easements may enrol land
contracts. (§2410(d)(1)(A))
through 30-year easements, permanent
easements, or 30-year contracts for Indian
tribes. (16 U.S.C. 3865c(b)(1))
CRS-127

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
When evaluating ACEP wetland reserve
No comparable provision.
Adds the ability to sequester carbon
No comparable provision.
easement applications USDA may consider
to the list of considerations that may
(1) the benefits of obtaining the easement
be used when evaluating ACEP
and removing the land from production,
wetland reserve easement
(2) the cost effectiveness of the easement,
applications. (§2410(d)(1)(B)(i))
(3) the leveraging of federal funds, and (4)
other factors determined by USDA. (16
U.S.C. 3865c(b)(3)(B))
USDA is required to give priority to ACEP
No comparable provision.
Adds water quality improvement to
Similar to Senate provision with minor
wetland reserve easements based on the
the wildlife and migratory bird
amendments. (§2604(1)(A))
value of protection and enhancement of
priority. (§2410(d)(1)(B)(ii))
wildlife and migratory bird habitat. (16
U.S.C. 3865c(b)(3)(C))
ACEP wetland reserve easements may be
No comparable provision.
No comparable provision.
Adds water management to the list of
used for compatible economic uses,
compatible economic uses. Creates a
including hunting and fishing, managed
new authorization for determining
timber harvest, or periodic haying and
compatible use requiring consultation
grazing if such uses are permitted under
with the state technical committee,
the wetland reserve easement plan. (16
consideration of land management
U.S.C. 3865c(b)(5)(C))
requirements, and furthering the
functions and values of the easement.
(§2604(1)(B))
ACEP wetland reserve easements may
Adds that a grazing management plan
No comparable provision.
No comparable provision.
include grazing rights if it complies with the may be used if consistent with the
wetland reserve easement plan. (16
wetland reserve easement plan and is
U.S.C. 3865c(b)(5)(D)(III))
reviewed at least every five years.
(§2604)
A wetland reserve easement plan is
No comparable provision.
No comparable provision.
Amends the wetland reserve
required for all eligible land subject to a
easement plan to include management
wetland reserve easement. The plan must
and monitoring functions. Associated
include all practices and activities required
practices and activities, including
on the enrol ed land. (16 U.S.C.
repair or replacement necessary to
3865c(f))
restore and maintain the functions and
values of the easement, are also
required. (§2604(2)(A))
CRS-128

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
No comparable provision.
No comparable provision.
Adds a provision allowing for the
Similar to Senate provision with
establishment of restoration of an
amendments. Includes coordination
alternative vegetative community on
with state technical committees and
the entirety of the wetland reserve
that the vegetative community must
easement if it would benefit wildlife or
be hydrologically appropriate.
meet local resource needs.
(§2604(2)(C))
(§2410(d)(4))
Administration. Certain land is ineligible
Amends ineligible land where an ACEP
Allows easement acquisition on lands
Similar to House provision but does
for ACEP easements, including land owned
easement would be undermined to
owned by an acequia. (§2410(e)(1))
not include the on-site only
by the federal government, land owned by
consider only on-site conditions.
conditions. (§2605(1))
a state, land subject to an easement or
Amends examples from proposed rights
deed restriction, or land where an ACEP
of way to permitted rights of way.
easement would be undermined due to on- (§2605(a))
and off-site conditions (e.g., hazardous
substances, proposed or existing rights of
way, infrastructure development, or
adjacent land use). (16 U.S.C. 3865d(a))
USDA may subordinate, exchange, modify,
Amends the subordination, exchange,
No comparable provision.
Similar to House provision with
or terminate any ACEP easement if it is in
modification, and termination
amendments. Allows subordination,
the federal government’s interest, wil
requirements by providing separate
including for utilities and energy
address a compelling public need where
criteria for modifications and
transmission services, if it wil increase
there is no alternative or further the
terminations.
or have limited negative effect on
administration of ACEP, and wil result in a
Modifications may be made if they would
conservation values, wil minimally
comparable conservation value and greater
have a neutral or increased conservation
affect acreage, and is in the public
or equivalent economic value to the
effect and are consistent with the
interest or practical administration of
United States. (16 U.S.C. 3865d(c))
original intent of the easement and
the program.
purposes of ACEP.
Exchanges and modifications may be
Terminations may be made if the current
made if there is no reasonable
land owner and easement holder agree
alternative, they would result in
and the termination would be in the
increased conservation effect, and
public interest. (§2605(b))
they are consistent with the original
intent of the easement and purposes
of ACEP.
Requires compensation for the
termination of any easement.
CRS-129

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Adds a consent requirement for any
subordination, exchange, modification,
or termination. (§2605(2))
A CRP contract may be terminated or
No comparable provision.
Limits the CRP transfer option to
Similar to Senate provision with minor
modified if the land is transferred into
enrol ment of an ACEP wetland
amendments. (§2605(3))
ACEP. (16 U.S.C. 3865d(d))
reserve easement. Adds a new
provision allowing land with an ACEP
agricultural land easement to
participate in CRP. (§2410(e)(2))
No comparable provision.
Waives the Adjusted Gross Income
No comparable provision.
No comparable provision.
(AGI) limitation for ACEP landowners.
(§2605(c))
No comparable provision.
No comparable provision.
Conservation easement
No comparable provision.
modification. Adds a provision
outlining requirements for modifying a
wetland reserve easement under
ACEP. Allows for the landowner to
request the modification of an
easement if it is jointly agreed to by
the state technical committee and the
relevant state department of natural
resources, or is exchanged for land of
equal or greater conservation value.
The modification is required to
facilitate administration of the
easement and not adversely affect the
functions and values of the easement
as established. The modification
cannot result in a net loss of wetland
reserve easement acres or an increase
in payments to any party. The party
requesting the modification is
responsible for all costs associated
with the modification. (§2429)
CRS-130

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Regional Conservation Partnership Program (RCPP)
Establishment and purpose. Establishes No comparable provision.
Expands the establishment of RCPP to
Similar to Senate provision with
the RCPP. Combines the purposes of four
include grant agreements with eligible
amendments. Does not include
repealed conservation programs to further
partners. The purpose of RCPP is
advancement of conservation and
conservation, restoration, and sustainability
expanded to include the flexible
rural development goals. (§2701)
on a regional or watershed scale, and
delivery of conservation assistance,
encourage partners to cooperate with
the coordination of conservation
producers in meeting or avoiding
partnership projects, the engagement
regulatory requirements and implementing
of eligible producers, and the
projects. (16 U.S.C. 3871)
advancement of conservation and
rural development goals. (§2411(a))
Definitions. Six terms are defined under
Amends the definition of covered program Amends the definition of covered
Similar to House and Senate
RCPP: covered program, eligible activity,
by adding CRP and Watershed
program by adding CRP and
provisions with amendments.
eligible land, eligible partner, partnership
Protection and Flood Prevention
Watershed Protection and Flood
Amends the definition of covered
agreement, and program.
operations and removing CSP.
Prevention.
program by adding CRP and
Covered program is defined as ACEP, EQIP,
Amends the definition of eligible activity
Replaces the definition of eligible
Watershed Protection and Flood
CSP, and HFRP.
by adding resource-conserving crop
activity by including all activities under
Prevention operations and by
Eligible activity is defined as activities for
rotations and protection of source
the statutory authority of the covered
excluding the grasslands initiative
water quality and quantity improvement,
waters for drinking water. (§2701)
programs and any other related
under CSP and the watershed
drought mitigation, flood prevention, water
activities, including source water
rehabilitation program.
retention, air quality improvement, habitat
protection for drinking water, soil
Replaces the definition of eligible
conservation, erosion control and
health, or drought resilience.
activity to include any practice, activity
sediment reduction, forest restoration, and
Replaces the definition of eligible land
agreement, easement, or related
others defined by USDA.
by including all land eligible under the
measure under a covered program.
Eligible land is defined as land on which
statutory authority of the covered
Replaces the definition of eligible land
agricultural commodities, livestock, or
programs and other land as
by including all agricultural,
forest-related products are produced,
determined by the Secretary.
nonindustrial private forest, or other
including cropland, grassland, rangeland,
Adds acequia, conservation districts,
associated land that would achieve a
pastureland, nonindustrial private forest
and eligible entities under ACEP to
conservation benefit.
land, and other incidental land.
the definition of eligible partner.
Adds acequia, conservation districts,
Eligible partner is defined as producer
Adds a definition of eligible producer to
and eligible entities under ACEP to
groups, state or local governments, Indian
mean a person, legal entity, or Indian
the definition of eligible partner.
tribes, farmer cooperatives, water district,
tribe that owns or operates the land.
Adds a definition of program contract
irrigation district, rural water district or
Adds a definition of program contract.
that does not include a contract
association, municipal water or waste
(§2411(b))
CRS-131

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
treatment entity, institutes of higher
entered into under a covered
education, and other nongovernmental
program. (§2702)
entity or organizations with a history of
working with producers on conservation
projects. (16 U.S.C. 3871a)
Regional conservation partnerships.
Amends the length of partnership
Amends the length of partnership
Similar to House provision with minor
Under RCPP, USDA enters into
agreements to include agreements
agreements to no more than five
amendments. (§2703(1))
partnership agreements with eligible
longer than five years. (§2702(a))
years, except when a concurrent
partners for a period not to exceed five
deadline established under a state or
years with a possible one-year extension.
federal program is longer than five
(16 U.S.C. 3871b(b))
years, or when an extension is granted
due to delayed implementation. Adds
a renewal option for projects that
have made progress in addressing
natural resource concerns.
(§2411(c)(2))
Partners define the scope of RCPP
Amends the project assessments to
Amends what may be in the scope of a Similar to Senate provision with
projects, conduct outreach, act on behalf
require partners to quantify the project’s project. Partner contributions may be
amendments. Amends the scope of
of producers to apply for assistance,
environmental outcomes. (§2702(b))
through direct funding, in-kind support the project to include a timeline for
leverage financial and technical assistance,
or a combination of both, and can
project implementation. Does not
conduct assessments, and report results.
include the salaries of staff required to
allow new or modified conservation
Partners must provide a “significant
develop the partnership agreement.
practice standards. (§§2703(2)-(4))
portion” of the overall cost of the project.
Adds requirements for the Secretary
(16 U.S.C. 3871b(c))
that include (1) establishing a timeline
for USDA under the partnership
agreement, (2) appointing a designated
USDA coordinator within each state
to assist partners and producers with
RCPP, (3) establishing guidance for
assessments, (4) providing reports to
partners, (5) allowing new or modified
conservation practice standards, and
(6) ensuring the effectiveness of
eligible activities. (§2411(c)(3) &
(c)(5))
CRS-132

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
RCPP applications are competitive, and the
Adds a renewal option for projects that
Amends the application criteria to
Similar to House and Senate
selection criteria are publicly available.
have met or exceeded the project’s
evaluate the engagement between the
provisions with amendments. Does
Priority is given to applications that assist
objectives. (§2702(c))
lead eligible partner and local
not amend criteria evaluation or
producers meeting or avoiding the need
conservation district. Requires a
include feedback requirements. Moves
for regulation, include a large percentage of
simplified application process. Adds
the Senate provision’s waiver of AGI
producers in the project area, provide
priority requirements for stakeholder
for eligible partners to this section.
significant resource leverage, deliver a high
diversity, and watershed and habitat
(§§2703(5)&(6))
percentage of applied conservation to
plan development. Requires USDA to
priorities or conservation initiatives, or
provide feedback to applicants
provide innovative conservation methods
throughout the annual application
and delivery. (16 U.S.C. 3871b(d))
process. (§2411(c)(6))
Assistance to producers. Directs USDA No comparable provision.
Amends the contracting and
Similar to Senate provision with minor
to enter into contracts to provide
agreement language. Requires USDA
amendments. (§2704(1))
technical and financial assistance to
to enter into program contracts with
producers participating in projects with
eligible producers to conduct activities
eligible partners, or producers within a
on eligible land under conditions
project area or critical conservation area
defined by USDA. Priority may be
not working through an eligible partner.
given to partnership applications that
Program rules, requirements, and
include bundles of program contracts
payments are to be consistent with the
with producers. (§2411(d)(2))
covered programs (ACEP, EQIP, CSP, and
HFRP). Provides USDA the authority to
adjust the rules of a covered program,
including operational guidance and
requirements in order to simplify the
application and evaluation process.
Prohibits the adjustment of statutory
requirements for a covered program,
including appeals, payment limits,
conservation compliance, and prior
irrigation history. Authorizes no more than
20 alternative funding arrangements with
multi-state water agencies or authorities.
(16 U.S.C. 3871c(a)-(b))
Authorizes USDA to make payments to
Extends the payments for dryland
Minor amendments referencing new
Similar to Senate provision with minor
producers in accordance with the statutory farming conversion and nutrient
funding language. (§2411(d)(3))
amendments. (§2704(2))
CRS-133

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
requirements under covered programs.
management to match the extended
Five-year payments may be made for
partnership agreements. Expands the
conversion to dryland farming and nutrient
AGI waiver to also waive a covered
management. AGI limits may be waived to
program’s payment limitation. (§2703)
fulfil the objectives of the program. (16
U.S.C. 3871c(c))
No comparable provision.
No comparable provision.
Adds a new section for funding
Similar to Senate provision with
arrangements through grant
amendments. Does not include
agreements. Allows for USDA to
piloting new technologies and
enter into grant agreements directly
transferring land. Moves AGI waiver
with partners. Activities through these to an earlier section and does not
agreements must benefit agricultural
include the 30% funding limit.
producers and address resource
(§2704(3))
concerns on a regional scale, such as
water infrastructure, watershed plans,
leveraging federal and private funds,
piloting new technologies, and
transferring land to select farmers and
ranchers. Limits grants to 30% of
RCPP funding and waives AGI
requirements for recipients. Annual
reports are required. (§2411(d)(4))
Funding. Authorized to receive $100
Increases mandatory funding authority
Increases funding to $200 mil ion
Similar to Senate provision with
mil ion in mandatory funding annually for
to $250 mil ion annually for FY2019-
annually for FY2019-FY2023. Requires
amendments. Increases funding to
FY2014-FY2018 to remain available until
FY2023. (§2704)
7% of funds and acres under EQIP,
$300 mil ion annually for FY2019-
expended. The program utilizes a
CSP, and ACEP to be transferred to
FY2023. Deletes the reserve of 7% of
percentage of other conservation program
and obligated through RCPP only.
covered program funds. Amends
funding (ACEP, EQIP, CSP, and HFRP).
Funding is to be distributed to
allocations to 50% for state and
Annually reserves 7% of covered program
projects of similar purposes to the
multistate competitions and 50% for
funds and acres until April 1each year, after
covered programs. Amends
critical conservation areas. Limits
which time uncommitted funds are
allocations to 40% for state and multi-
advanced funding for partners to be
returned to the covered program.
state competition, and 60% for critical
used within 90 days. Does not include
Allocates 25% for a state competition, 40%
conservation areas. Allows for funding
reimbursable language. (§2705)
for a national competition, and 35% for
to be advanced to eligible partners for
critical conservation areas. Administrative
outreach activities and reimbursed for
agreement development. Adds new
technical assistance requirements,
CRS-134

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
expenses of eligible partners are not
including USDA reporting, limiting
covered. (16 U.S.C. 3871d)
expenses for USDA, and third-party
provider assistance. (§2411(e))
Administration. USDA is required to
Adds a requirement for USDA to
Extends reporting requirement to
Similar to Senate provision with
make information on selected projects
provide partners and producers
December 31, 2018 (and every two
amendments. Does not include
publicly available and report to Congress
guidance on how to quantify and report
years thereafter), and adds a progress
progress requirements. (§2706)
by December 31, 2014 (and every two
environmental outcomes associated with requirement. Adds a prohibition on
years thereafter) on the status of projects
conservation practice adoption. Requires providing assistance to producers out
funded. (16 U.S.C. 3871e)
a report on the progress of
of compliance with highly erodible
quantification. (§2705)
cropland and wetland conservation
compliance requirements. Adds a
requirement to maintain benefits for
historically underserved producers
and requires USDA to issue
regulations for RCPP. (§2411(f))
Critical conservation areas. USDA is
Deletes the authority to use the
Adds a definition of critical conservation
Similar to Senate provision with
required to use 35% of the funds and acres
Watershed Protection and Flood
areas and critical conservation condition.
amendments. Adds a definition of
available for partnership agreements in no
Prevention program in critical
Adds a requirement that USDA
priority resource concern. Does not
more than eight critical conservation areas
conservation areas. (§2706)
identify one or more critical
include reporting requirements.
that expire after five years, subject to
conservation condition for each
(§2707)
redesignation. Areas are selected based on:
critical conservation area. Allows
multi-state areas with significant
USDA to review critical conservation
agricultural production; existing agreement
areas every five years and withdraw
or plan in place; water quality concerns;
the designation if no longer critical.
water quantity concerns; or subject to
Requires outreach to partners and
regulatory requirements. Partner
producers in critical conservation
agreements and producer contracts are
areas. Adds reporting requirements
administered according to the applicable
on critical conservation areas and
covered program and, where possible,
conditions. (§2411(g))
complement existing water quality and
quantity strategies. Allows the use of
authorities granted under the Watershed
Protection and Flood Prevention program
in critical conservation areas. (16 U.S.C.
3871f)
CRS-135

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Repeals and Technical Amendments
Repeals
Conservation Security Program.
Repeals the program. (§2801)
Identical to House provision. (§2402)
Identical to House and Senate
Authorized in the 2002 farm bil and
provisions. (§2301(c)(1))
replaced by the Conservation Stewardship
Program in the 2008 farm bil . The
program enrol s acres in five- to 10-year
stewardship contracts, the last of which
wil expire in FY2018. (16 U.S.C. 3838 –
16 U.S.C. 3838c)
Conservation Corridor
No comparable provision.
Repeals the program. (§2417)
Identical to Senate provision. (§2811)
Demonstration Program. Authorized
in the Farm Security and Rural Investment
Act of 2002 (2002 farm bil , P.L. 107-171).
Permits one or more states, along with
local governments on the Delmarva
Peninsula, to develop and implement over
three to five years, a conservation corridor
plan to improve the economic viability of
agriculture and the environmental integrity
of watersheds. Funding was never
appropriated. (16 U.S.C. 3801 note)
Cranberry Acreage Reserve
No comparable provision.
Repeals the program. (§2418)
Identical to Senate provision. (§2812)
Program. Authorized in the 2002 farm
bil to purchase permanent wetland
easements on and around cranberry-
producing land. Funding was never
appropriated. (16 U.S.C. 3801 note)
National Natural Resources
No comparable provision.
Repeals the foundation. (§2419)
Identical to Senate provision. (§2813)
Foundation. Authorized in the Federal
Agricultural Improvement and Reform Act
of 1996 (1996 farm bil , P.L. 104-127) to
establish a nonprofit corporation to
promote and assist the conservation
CRS-136

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
efforts of NRCS. Funding was never
appropriated. (16 U.S.C. 5801 et seq.)
Flood risk reduction. Authorized in the
No comparable provision.
Repeals the program. (§2420)
Identical to Senate provision. (§2814)
1996 farm bil to contract with Market
Transition Program participants to retire
frequently flooded cropland. Related
programs were repealed in subsequent
legislation and funding was not
appropriated. (7 U.S.C. 7334)
Study of land use for expiring
No comparable provision.
Repeals the study. (§2421)
Identical to Senate provision. (§2815)
contracts and extension authority.
Authorized in the Food, Agriculture,
Conservation and Trade Act of 1990 (1990
farm bil , P.L. 101-624) requiring USDA to
create a report on expiring CRP contracts.
(16 U.S.C. 3831 note)
Integrated Farm Management
No comparable provision.
Repeals the program. (§2422)
Identical to Senate provision. (§2816)
Program. Authorized in the 1990 farm
bil to encourage producers to adopt
integrated, multi-year, site-specific farm
management plans by not reducing the
farm program payments of participants
who use a resource conserving crop as
part of a rotation on payment acres.
Related programs were repealed in
subsequent legislation. (7 U.S.C. 5822)
Definition of agricultural lands. The
No comparable provision.
Repeals the provision. (§2423)
Identical to Senate provision. (§2817)
1996 farm bil defined the term agricultural
lands as related to a 1994 memorandum of
agreement among USDA, the
Environmental Protection Agency, and the
Department of the Army (Corps) for the
delineation of wetlands. USDA and the
Corps withdrew from the agreement in
2005. (110 Stat. 992)
CRS-137

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Resource Conservation and
No comparable provision.
Adds a sunset authority to the
No comparable provision.
Development (RC&D) program.
program of October 1, 2023. (§2424)
Provided local coordinators of
conservation activities in 375 designated
areas. FY2014 appropriations act
permanently cancelled any remaining funds.
(16 U.S.C. 3451 et seq.)
Technical Amendments
Watershed Protection and Flood
Corrects spelling and makes technical
No comparable provision.
Identical to House bil . (§2821(a))
Prevention (Watershed Operations).
corrections to agency titles. (§2803(d))
Under the program, projects with a federal
share greater than $25 mil ion or with a
total structure capacity over 2,500 acre-
feet must be submitted to various federal
agencies for comment prior to submission
to Congress. (16 U.S.C. 1005(4))
Wetland determinations. Technical
Corrects agency spelling. (§2803(a))
No comparable provision.
Identical to House bil . (§2821(b))
determinations, restoration and mitigation
plans, and monitoring activities must be
conducted by the Natural Resources
Conservation Service. (16 U.S.C.
3822(j))
Desert terminal lakes. USDA is
Repeals the program. (§2802)
No comparable provision.
Adds a sunset date on the program of
required to transfer $150 mil ion of CCC
October 1, 2023. (§2821(d))
funds to the Bureau of Reclamation to
purchase water for at-risk desert terminal
lakes. Includes a voluntary land purchase
grant program authorized to receive $25
mil ion through appropriations and to
remain available until expended. (16
U.S.C. 3839bb-6)
Establishment of state technical
Adds land-grant col eges to the list of
No comparable provision.
Similar to House bil with minor
committees. Requires each state
required representatives. (§2504)
amendments. (§2822(b))
technical committee be composed of
representatives from: NRCS, FSA, Forest
CRS-138

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Service, the National Institute of Food and
Agriculture, state fish and wildlife agency,
state forester, state water resources
agency, state department of agriculture,
state soil and water conservation district,
agriculture producers, nonindustrial private
forest landowners, nonprofit organizations
working with producers, and
agribusinesses. (16 U.S.C. 3861(c))
State technical committees are required to
No comparable provision.
Adds a requirement that state
No comparable provision.
meet regularly to provide information and
technical committees regularly review
recommendations to USDA officials
new and innovative technologies and
regarding implementation of conservation
practices, and provide
programs and provisions. Committees are
recommendations on the
advisory in nature and exempt from
development and incorporation of
Federal Advisory Committee Act
those practices into conservation
requirements. (16 U.S.C. 3862)
practice standards. (§2508)
CRS-139

Table 7. Trade
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Food for Peace Act (All section references in this subsection are to this act.)
Labeling. Commodity donations shall, to
Extends the labeling requirement to
Continues current law.
Identical to House provision. (§3101)
the extent practicable, be clearly identified
commodities and food procured
with appropriate markings on the package
outside of the United States or on
or container of such commodity in the
printed material that accompanies
language of the locality in which such
other assistance. (§3002)
commodities are distributed as being
furnished by the people of the United
States of America. (7 U.S.C. 1722(g))
Food aid quality assurance. The
Extends authority to fund this section
Identical to House provision. (§3101)
Identical to House and Senate
administrator of USAID shall use the funds
through FY2023. (§3003)
provisions. (§3102)
made available annually from FY2014
onwards to carry out Food for Peace
programs to assess types and quality of
agricultural commodities donated as food
aid, adjust products and formulation as
necessary to meet nutrient needs of target
populations, test prototypes, adopt new
specifications or improve existing
specifications for micronutrient food aid
products based on latest development in
food and nutrition science, develop new
program guidance for cooperators to
facilitate improved matching of products to
purposes, develop improved guidance on
how to address nutritional efficiencies
among long-term food-aid recipients, and
evaluate the performance and cost-
effectiveness of new/modified food
products and program approaches to meet
nutritional needs of vulnerable groups.
Authorizes not more than $4.5 mil ion of
funds be made available for FY2014-
FY2018 to carry out this section. (7
U.S.C. 1722(h)(3))
CRS-140

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Local sale and barter of
Amends this section to remove the
Amends this section to provide for
Identical to House provision. (§3103)
commodities. An agreement between
requirement for a minimum level of
administrator discretion in the levels
the administrator of USAID and a private
monetization for nonemergency
of local sales and to remove the
voluntary organization or cooperative (i.e.,
programs in recipient country or
requirement for a minimum level of
nongovernmental organization) to provide
neighboring regional markets. (§3004)
monetization for nonemergency
U.S.-donated commodities for sale or
programs in recipient country or
barter in recipient countries, or a
neighboring regional markets. (§3102)
neighboring region, to generate proceeds
for use as provided in this section. Such an
agreement must involve a minimum level
of local sales equal to not less than 15% of
all commodities distributed under
nonemergency Food for Peace programs
for each fiscal year. (7 U.S.C. 1723)
Minimum levels of assistance. The
Extends authority, with waiver
Identical to House provision. (§3103)
Identical to House and Senate
Administrator of USAID shall make
authority, for requiring minimum levels
provisions. (§3104)
available not less than 2.5 mil ion metric
of food quantities be available for
tons (mt) of agricultural commodities for
emergency and nonemergency
food distribution each fiscal year through
assistance through FY2023. (§3005)
FY2018, including not less than 1,875,000
mt for nonemergency food distribution
through eligible organizations. The
Administrator may waive this requirement
if sufficient quantities of donated
commodities are not available. (7 U.S.C.
1724(a))
Food Aid Consultative Group.
Extends the authority for the Food Aid
Extends the authority for the Food
Identical to Senate provision (§3105)
Establishes a Food Aid Consultative Group
Consultative Group through FY2023.
Aid Consultative Group through
to review and address issues concerning
(§3006)
FY2023, and amends the consultation
the effectiveness of the regulations and
period for proposed regulations,
procedures that govern food assistance
handbooks, or guidelines concerning
programs established and implemented
this subchapter to 30 days. (§3104)
under Title II of the Food for Peace Act.
The group shall terminate on December
31, 2018. (7 U.S.C. 1725(f))
CRS-141

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Regulations and guidance. Not later
Requires that the Administrator shall
Continues current law.
Identical to House provision. (§3106)
than 270 days after enactment of the
issue all necessary regulations and
Agricultural Act of 2014, the administrator
revisions to agency guidelines with
shall issue all necessary regulations and
respect to changes in the operation or
revisions to agency guidelines with respect
implementation of the U.S. food
to changes in the operation or
assistance programs not later than 270
implementation of the U.S. food assistance
days after enactment of the Agricultural
programs. (7 U.S.C. 1726a(c)(1))
and Nutrition Act of 2018. (§3007)
Program oversight, monitoring, and
Extends authority to fund this section
Extends authority to fund this section
Similar to Senate provision but includes
evaluation. The Administrator shall
through FY2023. Amends this section
through FY2023. Amends this section
the House provision requiring an
establish systems and carry out activities to by replacing the $17 mil ion cap on
by replacing the $17 mil ion cap on
annual maximum of $8 mil ion for early
determine the need for food assistance and funds with a maximum of 1.5% of the
funds with a maximum of 1.5% of the
warning assessments and systems to
to improve, monitor, and evaluate the
funds made available under Title II of
funds made available under Title II of
help prevent famines (provided at least
effectiveness and efficiency of the
the Food for Peace Act for each of
the Food for Peace Act, but not less
$8 mil ion is available under the Foreign
assistance provided so as to maximize its
FY2019-FY2023 for monitoring of
than $17 mil ion, for each of FY2019-
Assistance Act of 1961 for such
impact. The Administrator may contract
emergency food assistance subject to
FY2023 for monitoring of emergency
purposes). (§3107)
with cooperators for such services to be
an annual $500,000 maximum for
food assistance subject to an annual
performed in recipient countries or
maintenance of information technology
$500,000 maximum for maintenance
regions. In addition to other funds made
systems and an annual maximum of $8
of information technology systems.
available for monitoring of emergency food mil ion for early warning assessments
(§3105)
assistance, the Administrator may use up
and systems to help prevent famines
to $17 mil ion of the funds made available
(provided at least $8 mil ion is available
under Title II of the Food for Peace Act
under the Foreign Assistance Act of
for each of FY2014 through FY2018,
1961). (§3008)
subject to an annual $500,000 maximum
for maintenance of information technology
systems, and an annual maximum of $8
mil ion for early warning assessments and
systems to help prevent famines (provided
at least $8 mil ion are available under
chapter 1 of part I of the Foreign
Assistance Act of 1961). (7 U.S.C.
1726a(f)(4))
Assistance for stockpiling and rapid
Changes the heading of this section to
Extends the program authority to
Identical to House provision. (§3108)
transportation, delivery, and
“International Food Relief Partnership”
FY2023. (§3106)
distribution of shelf-stable pre-
CRS-142

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
packaged foods. The administrator may
and extends the program authority to
provide grants to qualifying cooperators
FY2023. (§3009)
for preparation of shelf-stable prepackaged
foods and establishment and maintenance
of stockpiles of the foods in the United
States and for the rapid transportation,
delivery, and distribution of shelf-stable
prepackaged foods to needy individuals in
foreign countries. (7 U.S.C. 1726b)
Impact on local farmers and
Amends this section to ensure that no
Continues current law.
Identical to House provision. (§3109)
economy. Under general provisions
modalities of assistance—importation
governing the implementation of Title II of
of donated commodities or food
the Food for Peace Act, no agricultural
vouchers, cash transfers, or local and
commodity shall be made available unless it regional procurement of food outside
is determined that (1) adequate storage
of the United States—are distributed in
facilities wil be available in the recipient
a recipient country where adequate
country at the time of the arrival of the
storage facilities are not available or
commodity to prevent the spoilage or
where distribution would create a
waste of the commodity; and (2) the
substantial disincentive to, or
distribution of the commodity in the
interference with, domestic production
recipient country wil not result in a
or marketing or where it would have a
substantial disincentive to, or interference
disruptive impact on the farmers or
with, domestic production or marketing in
local economy of a recipient country.
that country. Also, the Secretary or the
(§3010)
administrator, as appropriate, shal ensure
that the donation of U.S. agricultural
commodities and the use of local
currencies for development purposes wil
not have a disruptive impact on the
farmers or local economy of the recipient
country. (7 U.S.C. 1733(a))
Allowance of Distribution Costs.
No comparable provision.
Amends this section to clarify
Amends this section to clarify that the
USDA’s Commodity Credit Corporation
allowable distribution costs specified
allowable costs include distribution and
(CCC) may pay various related acquisition
as “the types of activities for which
program implementation costs
and distribution costs associated with food
costs were paid under this subsection
associated with the use of the provided
assistance as specified under this title. In
prior to fiscal year 2017.” (§3107)
commodities. (§3110)
particular, in the case of commodities for
CRS-143

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
urgent and extraordinary relief
requirements (including pre-positioned
commodities) the transportation costs
incurred in moving the commodities from
designated points of entry or ports of
entry abroad to storage and distribution
sites and associated storage and
distribution costs. (7 U.S.C. 1736(b)(6))
Prepositioning of agricultural
Extends authority for prepositioning of
Same as House provision. (§3108)
Identical to House and Senate
commodities. The administrator may use donated agricultural commodities
provisions. (§3111)
funds made available for FY2001-FY2018
through FY2023. (§3011)
to carry out Title II (subchapter III) and
Title III (subchapter III-A) of the Food for
Peace Act to procure, transport, and store
agricultural commodities for prepositioning
within the United States and in foreign
countries, except that for each of FY2014-
FY2018 not more than $15 mil ion of such
funds may be used to store agricultural
commodities for prepositioning in foreign
countries. (7 U.S.C. 1736a)
Annual report on food aid programs
Amends this section to allow the
Amends this section to allow the
Same as House provision but without
and activities. The administrator and the
administrator and the Secretary to file
administrator and the Secretary to file
the provision requiring congressional
Secretary shall jointly prepare and submit
the annual report either jointly or
the annual report either jointly or
notification relating to reasons for
to the appropriate committees of
separately. In addition, this section
separately. (§3109)
delay in production of the report.
Congress, by April 1 of each fiscal year, a
requires that, where the annual report
(§3112)
report regarding each program and activity
is not filed by the April 1 deadline, the
carried out under U.S. international food
administrator and the Secretary notify
assistance programs—Food for Peace,
the relevant congressional committees
Section 416(b), Food for Progress, and
of any delay and the reasons for such
McGovern-Dole programs—during the
delay. In addition, Section 407(f) is
prior fiscal year including funds spent,
updated to combine an existing annual
quantities distributed, number of
report with more detailed information
beneficiaries, progress made in reducing
about the utilization of funds by
food insecurity in recipient populations,
cooperators and recipient countries
description of the Food Aid Consultative
under each program and the rate of
Group efforts, an assessment of progress
return for each commodity monetized
CRS-144

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
made as relates to food assistance quality,
(sold to generate cash to fund
and finally an assessment of the program
cooperator projects) in recipient
oversight, monitoring, and evaluation
countries. The rate of return is defined
system and its impact on program
as the ratio of the proceeds generated
effectiveness. (7 U.S.C. 1736a(f)(1))
from monetization and the cost to
procure and ship a commodity to the
recipient country for monetization.
(§3012)
Agreements to finance sales or to
Extends the deadline for agreements to
Identical to House provision. (§3110)
Identical to House and Senate
provide other assistance. No
finance sales or to provide other
provisions. (§3113)
agreements to finance sales or to provide
assistance until December 31, 2023.
other assistance under the Food for Peace
(§3013)
Act shall be entered into after December
31, 2018. (7 U.S.C. 1736b)
Minimum level of nonemergency
Extends this section through 2023 and
Renames this section as
Similar to House provision but also
food assistance. In general, of the
amends it to provide a minimum annual
“Nonemergency food assistance” and
adopts the Senate provision to specify
amounts made available to carry out
outlay for nonemergency food
extends it through FY2023.
that Farmer-to-Farmer program outlays
emergency and nonemergency food
assistance of not less than $365 mil ion
Amends this section to provide a
may be considered as being expended
assistance programs under Title II
nor more than 30% of the amounts
minimum outlay for nonemergency
for nonemergency food assistance
(subchapter III) of the Food for Peace Act,
made available to carry out Title II
food assistance of not less than 20%
under this section. (§3114)
not less than 20% nor more than 30% for
(subchapter III) of the act. Further,
nor more than 30% for each fiscal
each of FY2014-FY2018 shall be expended
certain community development funds
year, of the amounts made available to
for nonemergency food assistance
that are made available through grants
carry out Title II (subchapter III) of the
programs but subject to a minimum level
or cooperative agreements and that
act, but subject to a minimum level of
of not less than $350 mil ion for any fiscal
assist in implementing certain
not less than $365 mil ion for any fiscal
year that shall be made available to carry
activities—income-generating,
year.
out nonemergency food assistance
community development, health,
programs. (7 U.S.C. 1736f(e))
nutrition, cooperative development,
Amends this section to specify that
agricultural and other development—
outlays for the Farmer-to-Farmer
may be deemed to have been expended program (7 U.S.C. 1737) and funds
on nonemergency food assistance
appropriated to carry out Part I of the
programs for the purposes of this
Foreign Assistance Act of 1961 as
section. (§3014)
amended (22 U.S.C. 2151 et seq.) may
be considered as being expended for
nonemergency food assistance under
this section. (§3111)
CRS-145

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Micronutrient fortification programs.
Extends authority for the micronutrient Identical to House provision. (§3112)
Identical to House and Senate
The administrator shall establish
fortification program through FY2023.
provisions. (§3115)
micronutrient fortification programs to
(§3015)
assist developing countries in correcting
micronutrient dietary deficiencies among
segments of the populations of the
countries and to assess and apply
technologies and systems to improve and
ensure the quality, shelf life, bioavailability,
and safety of fortified food aid agricultural
commodities and products of those
agricultural commodities. Under the
program, grains and other commodities
made available to a participating developing
country may be fortified with
micronutrients (such as vitamin A, iron,
iodine, and folic acid) with respect to
which a substantial portion of the
population in the country is deficient. The
commodity may be fortified in the United
States or in the developing country. The
authority to carry out programs
established under this section shal
terminate on September 30, 2018. (7
U.S.C. 1736g-2)
John Ogonowski and Doug Bereuter
Amends the F2F program to add
Amends this section to allow
Similar to Senate provision but includes
Farmer-to-Farmer (F2F) Program.
specificity to the types of technical
employees or staff of a state
provisions from the House provision
The F2F program is established to
assistance provided by American
cooperative institution to volunteer
that add specificity to the types of
implement assistance between the United
volunteers. Extends volunteer eligibility
under the F2F program. Reauthorizes
technical assistance American
States and qualifying countries—developing to retired USDA extension staff, and
the authorization of appropriations
volunteers provide and establish a new
and middle income countries, emerging
encourages long-term and sequenced
through FY2023. (§3113)
grant program to facilitate partnerships
markets, and in Sub-Saharan Africa (SSA)
assignments that contribute to
and innovative activities under the F2F
and the Caribbean Basin (CB)—to increase institutional capacity-building.
program. (§3116)
farm production and farmer incomes. The
Continues minimum fiscal year funding
F2F program may use U.S. agricultural
of not less than the greater of $15
producers, agriculturalists, col eges and
mil ion or 0.6% of amounts made
universities, private agribusinesses, private
available to carry out the Food for
CRS-146

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
organizations, private corporations, and
Peace Act through FY2023—with
nonprofit farm organizations to work in
continued set-asides for certain
conjunction with agricultural producers
geographic locations: not less than 0.1%
and farm organizations in those countries
for programs in developing countries,
on a voluntary basis. Not less than the
and not less than 0.1% for programs in
greater of $15 mil ion or 0.6% of total
SSA and CB countries. Provides that
Food for Peace program funds available for
funds used to carry out F2F programs
each of FY2014-FY2018, shall be used to
shall be counted toward the minimum
carry out F2F programs with not less than
level of nonemergency food assistance
0.2% for programs in developing countries
of the Food for Peace Act.
and not less than 0.1% for programs in SSA Reauthorizes the authorization of
and CB countries. There are authorized to
appropriations until 2023. Establishes
be appropriated for each of FY2008-
both a geographically defined crop yield
FY2018 $10 mil ion for SSA and CB
metrics system for evaluating the
countries and $5 mil ion for other
degree of F2F program success, and a
developing or middle-income countries or
grant program to facilitate new
emerging markets not included in SSA or
partnerships and innovative activities
CB countries. (7 U.S.C. 1737)
under the F2F program. (§3016)
Other Food Aid Programs
Local and Regional Food Aid
Extends authority to fund this section
Same as House provision but with a
Identical to Senate provision. ((§3311)
Procurement Program. Establishes a
through FY2023. (§3201)
provision to specify the Secretary as
local and regional procurement program
the proper entity to receive
with appropriations of $80 mil ion
appropriations. (§3309)
authorized for each of FY2014-FY2018.
Preference in carrying out this program
may be given to eligible organizations that
have, or are working toward, projects
under the McGovern-Dole International
Food for Education and Child Nutrition
Program. Requires an annual report to
Congress on the program’s
implementation time frame, costs, and
impact on local and regional producers,
markets, and consumers. (7 U.S.C.
1726c)
CRS-147

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Bill Emerson Humanitarian Trust.
Amends Section 302 of the Bil
Identical to House provision. (§3302)
Identical to House and Senate
Establishes a reserve of commodities and
Emerson Humanitarian Trust to
provisions. (§3303)
cash to meet emergency food needs in
reauthorize the trust through 2023.
developing countries when there are
(§3203)
unanticipated needs or when U.S. domestic
supplies are short. The trust can be held as
a combination of cash and commodities.
The commodities in the trust may be
exchanged for funds available under Title II
or the McGovern-Dole Program or for
sale in the market. The funds in the trust
can be invested in low-risk short-term
securities or instruments. (7 U.S.C.
1736f-1 note)
Food for Progress Program. Provides
Expands eligible program cooperators
Extends authority to implement and
Similar to House provision but includes
donated commodities to participating
to include a col ege or university as
fund the Food for Progress program
the Senate provision to replace
cooperators (under agreement with the
defined in 7 U.S.C. 3103(4). Extends
through FY2023. Amends this section
presidential approval with secretarial
U.S. government and subject to
authority to implement and fund the
to replace presidential approval with
approval throughout and adds several
presidential approval) to support countries
Food for Progress program through
secretarial approval throughout.
new provisions.
that have made commitments to expand
FY2023. (§3204)
Expands eligible program cooperators
Adds a new provision authorizing a
free enterprise in their agricultural
to include land grant universities. Adds pilot program for FY2019-FY2023 (with
economies. Authorized through FY2018.
flexibility in use of funding: a
annual reporting requirements) to
(7 U.S.C. 1736o)
percentage of program assistance to
provide financial assistance to eligible
come directly from cash rather than
entities to cover the costs of
monetization of commodities,
humanitarian or development activities
supplemented by an additional $26
targeting hunger, malnutrition, and food
mil ion of CCC funding each fiscal
security. Authorizes annual
year. USDA shall issue implementing
appropriations of $10 mil ion for the
regulations and begin consultations
pilot program.
with relevant congressional
committees within 270 days of
Also adds new provisions requiring
enactment. (§3301)
annual reporting on the rate of return
for monetized commodities, including
the factors affecting the rate of return
with an explanation for any rate of
return less than 70% and defines rate of
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Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
return for the purposes of annual
reporting.
(§3302)
McGovern-Dole International Food
Amends this section to ensure, to the
Extends authority to implement and
Identical to Senate provision. (§3309).
for Education and Child Nutrition.
extent practicable, that assistance wil
fund the McGovern-Dole program
Makes available U.S. agricultural
be provided on a timely basis so as to
through FY2023. Amends this section
commodities and financial and technical
coincide with the beginning of the
to permit up to 10% of funding for this
assistance to carry out food for education
school year and when needed during
program be used to purchase
and child nutrition programs in foreign
the relevant school year. Extends
commodities produced in developing
countries. Authorizes such sums as may be
authority to fund this program through
recipient countries or developing
necessary during FY2008-FY2013.
FY2023. (§3205)
countries within the same regions of
(7 U.S.C. 1736o-1 note)
the recipient countries that meet
nutritional, quality and labeling
standards of the recipient countries,
and provides for associated costs of
transporting those commodities. Also
amends this section to direct the
Secretary of Agriculture to ensure that
assistance under this section is
provided in a timely manner and is
made available when needed
throughout the applicable school year.
(§3307)
Other International Agricultural Programs
Cochran Fellowship Program. As
Amends this section to permit study in
Reauthorizes and amends this section
Similar to Senate provision but includes
established by the Secretary of Agriculture, foreign col eges or universities that
to clarify that the purpose of the
the House provision that permits study
the Cochran Fellowship Program provides
have met certain criteria: have sufficient fellowship includes trade linkages
in foreign col eges or universities that
a fellowships to individuals from eligible
scientific and technical facilities, have
involving regulatory systems governing
have sufficient scientific and technical
countries—(1) middle-income countries
established a partnership with at least
sanitary and phytosanitary standards
facilities, established partnership with at
that are not receiving U.S. bilateral foreign
one col ege or university in the United
for agricultural products.
least one col ege or university in the
aid assistance, (2) middle-income countries
States, and have substantial

United States, and substantial
that have never received U.S. bilateral
participation by U.S. faculty in the
participation by U.S. faculty in the
assistance but where a mutual relationship
design of the fel owship curriculum and
Amends authorized appropriations, by
design of the fellowship curriculum and
with the United States would be beneficial,
classroom instruction under the
country category, as (1) $4 mil ion, (2)
classroom instruction under the
or (3) a country that is transitioning to a
fellowship. Also amends this section to
$3 mil ion, and (3) $6 mil ion. (§3304)
fellowship. (§3305)
representative type of government—who
clarify that the purpose of the
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Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
specialize in agriculture for study in the
fellowship includes trade linkages
United States. Appropriations are
involving regulatory systems governing
authorized, by country category, as (1) $3
sanitary and phytosanitary standards for
mil ion, (2) $2 mil ion, and (3) $5 mil ion.
agricultural products. (§3206)
(7 U.S.C. 3293)
Borlaug Fellowship Program. As
Amends current law to permit U.S.
Reauthorizes and amends this section
Similar to Senate provision but does
established by the Secretary of Agriculture, citizens to receive Borlaug fellowships
to add the development of agricultural
not include Senate language specifying
the Borlaug Fellowship Program provides
in order to assist eligible countries in
extension services in foreign countries
that capacity building projects that
fellowships for scientific training and study
developing school-based agriculture and to the purpose of the program.
fellowship alumni contribute to be
in the United States to individuals from
youth extension programs and to
Further, the section encourages the
sponsored by federal agencies or
eligible countries (i.e., developing country,
permit study in foreign col eges or
ongoing engagement of prior
institutions of higher education.
as determined by the Secretary using a
universities that have met certain
fellowship recipients to contribute to
Also, the House provision establishing a
gross national income per capita test) that
criteria. Further, Section 3207 clarifies
new or ongoing agricultural
fellowship program for U.S. citizens is
specialize in agricultural education,
that training or study of fellowship
development projects, including
adopted as a new program separate
research, and extension. The Secretary
recipients from eligible countries
capacity building projects. (§3305)
from the Borlaug Fellowship Program
shall—directly or via col aborating
outside of the United States shall occur
in Section 3307 below. (§3306)
universities—manage, coordinate, evaluate, in the United States or at a qualified
and monitor the fellowship program.
col ege or university outside of the
There are authorized to be appropriated
United States. Finally, Section 3207
such sums as are necessary to carry out
authorizes appropriations of $6 mil ion
this section to remain available until
for the Borlaug fellowship program
expended. (7 U.S.C. 3319j)
with $2.8 mil ion set aside for
participants from eligible foreign
countries. (§3207)
No comparable provision.
See House bil Section 3207.
No comparable provision.
International Agricultural
Education Fellowship Program.
Similar to Section 3207 of the House
bil , but establishes the fellowship
program for U.S. citizens as a new
standalone program, the International
Agricultural Education Fellowship
Program, separate from the Borlaug
Fellowship program. Authorizes
appropriations of $5 mil ion for each of
FY2019-FY2023 for the new program
CRS-150

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
to remain available until expended.
(§3307)
No comparable provision.
No comparable provision.
International Food Security
Identical to Senate provision. (§3308)
Technical Assistance. Amends
current law by adding a new section
that defines “international food
security” as access by any person at
any time to food and nutrition that is
sufficient for a healthy and productive
life. It directs the Secretary to compile
and make available information on the
improvement of international food
security. Further, the section
authorizes the Secretary to provide
technical assistance to certain eligible
entities to implement programs for
the improvement of international food
security. Authorizes funding of $1
mil ion for each of fiscal years 2019-
2023. (§3306)
Global Crop Diversity Trust. The
Amends this section to limit the
Reauthorizes appropriations for the
Similar to House provision but adds a
administrator of USAID shall contribute
aggregate contribution of U.S. funds to
Global Crop Diversity Trust through
new provision limiting the annual
funds to endow the Global Crop Diversity
the trust to 33% of the total funds
FY2023. (§3308)
contribution of U.S. funds to $5.5
Trust to assist in the conservation of
contributed from all sources and
mil ion for FY2019-FY2023. ((§3310)
genetic diversity in food crops through the
authorizes appropriations beginning
col ection and storage of germ plasm to
with FY2019. (§3208)
provide for (1) maintenance and storage of
seed col ections; (2) documentation and
cataloguing of genetics and characteristics
of conserved seeds for researchers, plant
breeders, and the public; (3) building the
capacity of seed collection in developing
countries; (4) making information
regarding crop genetic data publicly
available for researchers, plant breeders,
and the public; (5) operation and
maintenance of a backup facility in which
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Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
are stored duplicate samples of seeds in
the case of natural or man-made disasters;
and (6) oversight to ensure international
coordination of those actions and efficient,
public accessibility to that diversity through
a cost-effective system. U.S. fund
contributions to the trust shall not exceed
25% of the total funds contributed from all
sources. There is authorized to be
appropriated $60 mil ion for FY2014-
FY2018. (22 U.S.C. 2220a note)
Export Promotion and Market Development
Market development and export
International Market
Reauthorizes MAP, FMDP, TASC and
Consolidates USDA’s four market
assistance programs. Provides funds
Development Program. Merges
EMP. Creates the Priority Trade Fund
development and export promotion
and assistance to U.S. farmers and
USDA’s four market development and
and allows for the fund to be used
programs (MAP, FMDP, EMP, and
commodity exporters through the Market
export promotion programs into one
when MAP, FMDP, TASC and EMP
TASC) into one section while repealing
Access Program (MAP) (7 U.S.C. 5623),
program. Maintains requirements for
applications exceed authorized funding
individual statutes for these programs.
Foreign Market Development Cooperator
spending for components of MAP,
for those programs. Authorizes
Maintains requirements for funding for
Program (FMDP) (7 U.S.C. 5721),
FMDP, EMP, and TASC. Authorizes
mandatory CCC funds of $260 mil ion
MAP, FMDP, EMP, and TASC. Creates
Emerging Markets Program (EMP) (7
mandatory CCC funds of $255 mil ion
annually (FY2019-FY2023). Allows for
the Priority Trade Fund, which allows
U.S.C. 5622 note), and Technical
annually (FY2019-FY2023). Repeals
MAP and FMDP funding to be used to
the Secretary to distribute $3.5 mil ion
Assistance for Specialty Crops Program
individual statutes for MAP, FMDP,
carry out authorized programs in
for trade promotion at his discretion.
(TASC) (7 U.S.C. 5680). Authorizes
EMP, and TASC. (§3102)
Cuba, although projects that
Authorizes mandatory CCC funds of
mandatory CCC funds totaling $253.5
contravene the directives set forth
$255 mil ion annually (FY2019-FY2023).
mil ion annually (FY2014-FY2018) across
under the National Security
Allows for MAP and FMDP funding to
all programs.
Presidential Memorandum entitled
be used to carry out authorized
‘Strengthening the Policy of the United
programs in Cuba. (§3201)
States Toward Cuba’ issued by the
President on June 16, 2017, are
prohibited. (§3201)
Promotion of agricultural exports to
Reauthorizes funding through FY2023.
Same as House provision. (§3303)
Identical to House provision ((§3304)
emerging markets. Authorizes direct
(§3202)
credits or export credit guarantees of not
less than $1 bil ion each fiscal year through
2018 for exports to emerging markets.
Requires export credit guarantees be
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Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
made available to establish or improve
facilities and services for U.S. products. (7
U.S.C. 5622 note)
No comparable provision.
Biotechnology and Agricultural
No comparable provision.
Provides $2 mil ion annually until
Trade Program. Establishes a
FY2023 to the Biotechnology and
program to assist with the removal of
Agricultural Trade Program to address
nontariff and other trade barriers to
trade barriers to products produced
U.S. agricultural products produced
with biotechnology and other new
with biotechnology and other
agricultural technologies. (§3301)
agricultural technologies. (§1543A)
No comparable provision.
No comparable provision.
Tribal representations on trade
Identical to Senate provision.
missions. Directs the secretary to
(§3312)
work with tribal advisors to increase
the inclusion of tribal agricultural and
food products in trade-related
activities. Requires the establishment
of goals for measuring tribal inclusion
and sets a two-year deadline for a
report on the department’s efforts.
(§3310)
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Table 8. Nutrition
Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Supplemental Nutrition Assistance Program (SNAP)—Appropriations, Implementation Funding
Authorizes appropriations for SNAP and
Reauthorizes appropriations through
Same as House. (§4112)
Identical to House and Senate
related programs through FY2017. (7
FY2023. (§4031)
provisions. (§4016)
U.S.C. 2027(a))
Implementation funds. No comparable
Provides $150 mil ion in mandatory
No comparable provision.
No comparable provision.
provision.
funding in FY2019, available until
expended, to be used by the Secretary
to carry out the amendments made by
Subtitle A, which consists of Sections
4001 to 4036. (§4036)
SNAP—Eligibility, Benefit Calculation
Thrifty Food Plan (TFP). Maximum
Requires the Secretary to re-evaluate
No comparable provision.
Similar to House provision but with an
monthly benefit allotments are tied to the
the current TFP market basket and
amendment to consider dietary
cost of purchasing a nutritionally adequate
publish findings by 2022. Requires
guidance as one of the bases for re-
low-cost diet, as measured by the USDA-
subsequent re-evaluations every five
evaluation. (§4002)
created and -calculated TFP. Allotments
years. (§4004)
are adjusted for food price inflation
annually, each October, to reflect the cost
of the TFP in the immediately previous
June. Although USDA calculates the cost of
the TFP each year to account for food
price inflation, the contents of the TFP—
often thought of as its own market basket
of goods—were last revised in 2006.
Maximum allotments are standard across
the 48 contiguous states and the District of
Columbia, but they are higher—reflecting
substantially different food costs—in
Alaska, Hawaii, Guam, and the Virgin
Islands. (7 U.S.C. 2012(u), 2017(a))
Broad-based categorical eligibility. In
Effective October 1, 2020, limits
No comparable provision.
No comparable provision.
addition to regular eligibility rules of 130%
categorical eligibility to TANF cash
of the federal poverty line and an asset
assistance, Supplemental Security
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Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
limit of $2,000 or $3,000 (inflation
Income, state-funded general assistance
indexed), states may opt to implement
cash benefits, or “ongoing and
broad-based categorical eligibility. Under
substantial” TANF-funded services.
this option, a SNAP applicant that receives
Limits categorical eligibility for
Temporary Assistance for Needy Families
households without elderly or disabled
(TANF) cash assistance, Supplemental
members to at or below 130% of the
Security Income, state-funded general
federal poverty line. Households with
assistance cash benefits, or any TANF-
elderly or disabled members must be at
funded benefit may be deemed eligible for
or below 200% of the federal poverty
SNAP benefits and potentially not subject
line. (§4006)
to asset limits. By regulation, the TANF-
funded benefit must be for households at
or below 200% of the federal poverty line.
(7 U.S.C. 2014(a), 7 C.F.R. 273.2(j))
Basic allowance for housing. Some
Amends law to exclude from income
No comparable provision.
No comparable provision.
active military members receive a “Basic
up to $500 of BAH. Amends excess
Allowance for Housing” (BAH) within their shelter deduction to include a
pay (37 U.S.C. 403) in lieu of on-base or
household’s BAH above $500. (§4007)
other in-kind housing. This payment is not
excluded (and therefore counted) in
income for SNAP eligibility determination.
(7 U.S.C. 2014(d)) Among SNAP
deductions from gross income is an
“excess shelter deduction” for which a
household is eligible if housing expenses
exceed a threshold set in law and adjusted
annually. (7 U.S.C. 2014(e)(5))
Earned income deduction. Applicants
Increases earned income deduction to
No comparable provision.
No comparable provision.
with earned income (i.e., from a job) have
22%. (§4008)
20% of that income deducted from their
gross income for net income eligibility and
benefit calculations. (7 U.S.C.
2014(e)(2))
Simplified homeless housing costs.
Requires states to include a deduction
No comparable provision.
Identical to House provision. (§4004)
For households where all members are
of $143 (indexed for inflation) for
homeless, but the household has some
households where all members are
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Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
housing costs and does not claim the
homeless, free shelter has not been
“excess shelter deduction,” states have an
provided, and the household has not
option to simplify SNAP’s calculation of
opted to use the excess shelter
housing costs with a standard deduction of
deduction. (§4009)
$143. (7 U.S.C. 2014(e)(2))
Standard utility allowances. A SNAP
For households without elderly
No comparable provision.
No comparable provision.
household can use a Low Income Home
members, a LIHEAP payment (of any
Energy Assistance Program (LIHEAP)
amount) would no longer suffice for the
payment (so long as it is greater than $20)
standard utility allowance. (§4010)
as evidence that the household has
Does not change the law for
incurred heating and cooling costs. This
households with elderly or disabled
documentation triggers a standard utility
members.
allowance, a figure that enters into the
SNAP benefit calculation equation. Unless
the household is already receiving the
maximum SNAP benefit, a household’s
monthly benefit can increase if the
standard utility allowance calculation
results in an excess shelter deduction.
LIHEAP payments are excluded from
counted income. (7 U.S.C.
2014(e)(6)(C))
Child support. For noncustodial parents
Requires all states to treat child
No comparable provision.
Requires the Secretary, in consultation
applying for SNAP, states have the option
support paid as an income exclusion,
with the Secretary of Health and
to treat child support paid as an income
not a deduction. Requires all states to
Human Services, to conduct an
exclusion (impacting eligibility and benefit
require child support cooperation for
independent evaluation of the child-
calculation) or as a deduction (impacting
custodial and noncustodial parents.
support-enforcement-related state
only benefit calculation). For SNAP
Eliminates disqualification for child
options. Specific objectives of and
eligibility, states may choose to require
support arrears. (§4011)
areas of assessment for evaluation are
custodial parent and/or noncustodial
specified in provision. The Secretary
parent cooperation with the state’s child
shall submit the report to committees
support enforcement program. States may
of jurisdiction no later than three years
choose not to require either. States may
after enactment. (§4014)
also choose to disqualify applicants based
on child support arrears. (7 U.S.C.
2014(e), 2016(l)-(n))
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Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Asset/resource limits. Households
Increases asset limits to $7,000 and
No comparable provision.
No comparable provision.
without elderly or disabled members cannot $12,000, respectively. Continues
have counted liquid assets above $2,000.
inflation adjustment. (§4012)
Households with elderly or disabled
members cannot have counted liquid assets
above $3,000. Limits are adjusted annually
for inflation and rounded down to the
nearest $250. For FY2018, these limits
were $2,250 and $3,500, respectively. (7
U.S.C. 2014(g)(1))
In calculating assets for asset limit, excludes Excludes up to $12,000 of the fair
No comparable provision.
No comparable provision.
up to $4,650 of the fair market value of any market value of one vehicle per
household vehicle. This amount is not
licensed driver and adds inflation
adjusted for inflation. States have the
adjustment. Deletes the state option to
option to conform how they count vehicles use an alternative vehicle allowance
in SNAP with how they count vehicles in
that conforms with how vehicles are
TANF. TANF frequently excludes the value counted in TANF. (§4013)
of a vehicle. (7 U.S.C. 2014(g)(2))
Any savings account—regardless of
Excludes up to $2,000 (adjusted
No comparable provision.
No comparable provision.
whether there is a penalty for early
annually for inflation) of a household’s
withdrawal—is included in a household’s
savings from assets counted in eligibility
counted assets in eligibility. (7 U.S.C.
determination. (§4014)
2014(g)(2))
Work-related requirements.
Amends work-related rules to combine
Largely retains current law work-
Largely retains current law work-
SNAP law includes general work (or work
aspects of general work requirements
related requirements. Reorganizes
related requirements. Incorporates
registration) requirements for certain
and time limit to create one work
provisions so work-related eligibility
some aspects of House and Senate
participants; a subgroup of the work
requirement that applies to one
rules are located only in 7 U.S.C.
proposals but maintains separate
registrants is subject to a 3-month time
population (though more expanded
2015(d). Amends eligibility rules and
general work requirements and time
limit.
than the time limit subgroup).
E&T provisions to authorize
limit sections of statute.
“workforce partnerships” (described
General work requirements and E&T. Able-
Beginning in FY2021, able-bodied adults
From House bil : includes veterans
below) as a means of satisfying work
bodied, nonelderly (ages 16-60) SNAP
(ages 18-59) with no children or with
E&T programs as a way to meet time
requirements. (see below, under “E&T
applicants that are not working are
children six years of age or older are
limit requirements, requires E&T
Components and Funding”) (§4103)
required to register with the state for
required to work, participate in E&T
programs to include case management
work opportunities. Certain individuals,
(including veterans’ E&T programs at
services, reduces states’ available
such as students and those with children
Department of Labor or Veterans
CRS-157

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
under six, are exempt. Each state is
Affairs), or combine work and E&T for
exemptions from time limit from 15%
required to operate a SNAP Employment
a minimum of 20 hours per week
to 12% (beginning in FY2020).
and Training (E&T) program. States design
(increased to 25 hours in FY2026).
From Senate bil , authorizes
their respective programs’ services and
Certain individuals are exempt from the
“workforce partnerships.”
capacity and may offer workfare. States
work requirement, including pregnant
have the option to require SNAP
women. Nonexempt individuals who do
For households containing at least one
participants to participate in E&T and may
not comply with work requirement are,
adult with no elderly or disabled
require a maximum of 120 hours per
subject to exceptions for good cause,
members and with no earned income
month of participation or the number of
ineligible for benefits for 12 months for
at their last certification, requires state
hours equal to the household’s benefit
first violation and 36 months for
agency to advise nonexempt members
amount divided by the applicable minimum
subsequent violations. Eligibility
of available E&T services.
wage. Individuals that do not comply with
reinstates if an individual obtains
(Enacted changes regarding E&T
general requirements (including state-
employment sufficient to meet hourly
components and funding listed below.)
specific requirements) are, subject to
requirements or becomes exempt. If an
(§4005(a)-(b))
exceptions for good cause, ineligible for
individual becomes ineligible to
benefits anywhere from one month to
participate in SNAP as a household
indefinitely, depending on the number of
member, “the remaining household
occurrences and the state’s chosen
members (including children), shal not
options. In some cases, sanction may apply
become ineligible to apply to participate
to entire household. Program
in SNAP.”
requirements, uptake of these funds, and
For geographic or labor-market-based
activities designed vary by state. (7 U.S.C.
waivers to the work requirement,
2015(d)(4), 7 U.S.C. 2025(h))
includes but modifies the requirements
Able-bodied adults without dependents
in ABAWD time limit regulations,
(ABAWDs) time limit and available waivers
limiting the combining of areas and
and exemptions. ABAWDs (ages 18-49)
making a more stringent unemployment
who do not meet specified work
rate standard. Changes the proportion
requirements (20 hours per week of work
of the caseload that may be exempted
or comparable workfare) are limited to
from the time limit: for FY2021-
receiving three months of SNAP benefits in FY2025, 15% of covered individuals, as
a 36-month period. Some are exempt from defined by bil ; for FY2026 and
this time limit, including pregnant women.
thereafter, 12%.
States and portions of states may waive
During transition period of FY2019 and
enforcement of the time limit if specified
FY2020, current law work-related
unemployment conditions are met. States
requirements and ABAWD time limit
are permitted to exempt up to 15% of a
would continue to apply, but the bil ’s
specified caseload, as defined in statute,
changes to geographic or labor-market-
CRS-158

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
from the time limit. States are not required based waivers would apply for the
to provide E&T or work opportunities for
transition period.
ABAWDs subject to the time limit. (7
(§4015(a),(b),(d),(e),(f),(g))
U.S.C. 2015(o); 7 C.F.R. 273.24)
Allows a state to request earned
income data from the Internal Revenue
Service “for purposes of ensuring
equitable treatment among all
households (including those containing
a married couple).” (§4015(h))
E&T components and funding.
Requires states to offer E&T services
States with mandatory E&T programs
Includes some of the House
States are required to offer E&T programs
for individuals subject to the work
are eligible to run such a project only if provision’s expansion of allowable E&T
that include one or more of the fol owing
requirement to get to 20 hours of
the project provides individualized case components: supervised job search
components: job search, job search
work or otherwise reach compliance.
management designed to help remove
programs, apprenticeships, subsidized
training, workfare, work experience,
Requires all state E&T programs to
barriers to employment and if
employment. Also adds activities from
education, self-employment. (7 U.S.C.
provide case management services.
participants are not assigned to
the 2014 farm bil E&T pilots that
2015(d)(4))
Modifies allowable E&T components to
activities primarily consisting of job
“have the most demonstrable impact
include supervised job search,
search, job search training, or
on the ability of participants to find
The federal government funds SNAP E&T
apprenticeships, subsidized
workforce activities. Requires that
and retain employment that leads to
in four ways: (1) $90 mil ion in mandatory
employment, family literacy, and
state E&T programs offering job search increased household income and
funds that are allocated and reallocated to
financial literacy.
as a component must also offer at least reduced reliance on public assistance.”
states based on a formula, (2) $20 mil ion
one additional component.
in mandatory funding allocated to states
For FY2020, increases to $270 mil ion
Includes Senate’s “workforce
that pledge to provide E&T to all
mandatory funds that are allocated and
Creates “workforce partnerships” as
partnerships” component.
ABAWDs, (3) open-ended matching funds
reallocated to states based on a
an E&T component, defined as
When individuals are found to be “il -
for states’ administrative costs for E&T,
formula. Increases to $1 bil ion annually
programs run by private employers, a
suited” to an E&T component,
and (4) open-ended matching funds for
in FY2021 and each fiscal year
network of private employers, or
requires state agencies to refer
states' reimbursement of E&T participants'
thereafter. In FY2021 and each year
nonprofit organizations providing
individuals to other
dependent care and transportation costs.
thereafter, reserves not more than
workforce services that are certified
components/programs or reassess the
(7 U.S.C. 2025(h))
$150 mil ion of E&T funding for
to meet certain standards. These
fitness of individuals for work.
allocation to states to provide training
programs must use no federal funding.
2014 farm bill E&T pilots. USDA selected 10
(§4005(a)-(b))
services through providers on the
states to pilot projects to test a variety of
Requires the Secretary to carry out
state’s eligible training provider list
State agencies must include in their
work and job readiness strategies for
eight or more additional E&T pilot
(defined in the Workforce Innovation
state plans the extent to which SNAP
SNAP participants, including mandatory
projects using a competitive grant
and Opportunity Act) for SNAP
E&T programs wil coordinate with
and voluntary strategies. Those pilots and
process. The Secretary may give
participants subject to hourly
their Workforce Innovation and
their independent longitudinal evaluation
priority to projects targeted to
requirements. Strikes authority to
Opportunity Act activities. (§4005(c))
are ongoing. Progress reports are available,
specified populations, including
reallocate Employment & Training
Increases the $90 mil ion funding
but evaluation is not complete. Mandatory
individuals 50 years of age or older,
funds, instead requiring states' unspent
stream to $103.9 mil ion. Specifies
CRS-159

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
funding of $200 mil ion was provided and
allocated funding to be returned to the
formerly incarcerated individuals, and
reallocation priorities for unused
was available for federal obligation until the Treasury. Strikes outdated pilot project
individuals participating in a substance
funding, including not less than 50% for
end of FY2018. (7 U.S.C. 2025(h)(1)(F)) authority in 7 U.S.C. 2026(b).
abuse treatment program. Provides
programs and activities currently being
An outdated authority, added in 1977 and
(§4015(a),(b),(d),(e),(f),(g))
mandatory funding of $92.5 mil ion in
piloted under the 2014 farm bil
to be completed in 1981, required certain
each of FY2019 and FY2020 to remain
programs, not less than 30% for
pilot projects on the performance of work
available until expended.
programs and activities to serve
in exchange for program benefits. (7
Amends 2014 farm bil pilots’ funding,
specified individuals with barriers to
U.S.C. 2026(b))
making it available until end of FY2023
employment or “in households facing
for continuing the pilot projects
multi-generational poverty,” and
currently (as of date of enactment)
remaining funds for activities “the
being carried out and also makes
Secretary determines have the most
funding available for the additional pilot demonstrable impact on the ability of
projects. (§4103(c))
participants to find and retain
employment that leads to increased
household income and reduced
reliance on public assistance.”
(§4005(d))
As in House bil , strikes outdated pilot
project authority. (§4005(e)).
College students. For the most part,
Amends the exception for parents of
No comparable provision.
No comparable provision.
col ege students (attending higher
children under age six to also include
education courses half-time or more)
care of an incapacitated person.
between ages 18 and 50 are ineligible for
Amends exceptions for parents to also
SNAP. A student enrol ed in an institution
apply to “other household member[s]
of higher education more than half-time is
with responsibility for the care of” the
eligible for SNAP benefits only if the
specified child or incapacitated person.
individual is (1) under age 18 or age 50 or
(§4015(c))
older, (2) disabled, (3) enrol ed in school
because of participation in certain
programs, (4) employed at least 20 hours
per week or participates in a work-study
program during the school year, (5) a
certain category of parent, or (6) receiving
TANF cash assistance benefits. Eligible
parent circumstances are a single parent
enrol ed in school ful -time caring for a
dependent under the age of 12, a parent
CRS-160

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
caring for a dependent under age six, or a
parent caring for a child between the ages
of five and 12 for whom child care is not
available to enable the parent to both
attend class and work 20 or more hours
per week. (7 U.S.C. 2015(e))
Transitional benefits. States have the
Requires states to provide five months
No comparable provision.
No comparable provision.
option to provide not more than five
of SNAP benefits to such households.
months of SNAP benefits to households
(§4024)
that have had their cash assistance from
TANF terminated. The benefit amount for
these months is to equal the amount
received before TANF assistance was
terminated. (7 U.S.C. 2020(s))
Certification period length. Length of
No comparable provision.
Maintains 12- and 24-month periods in
No comparable provision.
SNAP households’ certification period is
current law, but adds that if each adult
based on state policy, but states must set
household member is elderly or
their policy within a framework in federal
disabled and the household has no
SNAP law. Certification periods may not
earned income at the time of
exceed 12 months, unless all adult
certification, then certification periods
members of a household are elderly or
may not exceed 36 months. (§4101)
disabled, in which case the certification
period may be up to 24 months. (7 U.S.C.
2012(f))
Criminal convictions. In addition to a
Amends disqualification to apply to all
No comparable provision.
No comparable provision.
state option to ban drug felons, current
with such convictions, not only those
law bars individuals convicted (after
out of compliance with sentence or
February 7, 2014) of specified federal
fleeing felon. (§4039)
crimes (including murder, rape, and certain
crimes against children) and state offenses
determined by the Attorney General to be
substantially similar, from receiving SNAP,
if an individual is not in compliance with
the terms of his or her sentence or who is
a “fleeing felon.” (7 U.S.C. 2015(r)).
CRS-161

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
SNAP—Fraud, Errors, Related State Administration Issues
Concurrent enrollment in multiple
Requires the Secretary to establish a
Requires the development of a
Incorporates aspects of House and
states. Individuals are not allowed to apply Duplicative Enrol ment Database.
nationwide data system (called
Senate provisions. Requires the
for or receive benefits from more than one Requires the states to use the database
National Accuracy Clearinghouse) to
development of a National Accuracy
state agency at a time. (7 U.S.C. 2015(j))
in eligibility determinations to prevent
prevent participants from receiving
Clearinghouse, an interstate data
Some state agencies detect duplicate
participants from receiving benefits
benefits concurrently in multiple states. system to prevent multiple (by more
enrol ment by exchanging enrol ment data
concurrently in multiple states. The
Limits the scope of data system by
than one state) issuances of SNAP
with neighboring states. Since 2013, the
Secretary is to establish a uniform
requiring that the Secretary require
benefits. Includes Senate provision’s
National Accuracy Clearinghouse (NAC), a method and format for col ection and
states to make available only such
data protections and adds that data
five-state pilot, has used a database to
submission of data, and states are
information as is necessary for the
shall be exempt from FOIA disclosure,
detect and prevent duplicate enrol ment.
required to col ect from each
multi-state duplication purpose.
be used in a matter that protects the
Periodical y, USDA publishes a report that
household member a Social Security
Specifies certain data protections,
identity and location of vulnerable
uses data from the U.S. Census Bureau’s
number (or substitute), employment
including that data shall only be used
individuals, and meet security
Survey of Income and Program
status, specified income, benefits, and
for, and shall not be retained for
standards as determined by the
Participation to analyze participants’
asset information. Requires the
longer than is necessary for, the
Secretary. Requires Secretary to
duration of participation. The last report
Secretary to use the database to
duplication prevention purpose.
promulgate regulations, reflecting
was published in 2014 and uses data from
publish an annual report on
(§4109)
certain aspects specified in the
2008 to 2012.
participants’ duration of participation in
provision, not later than 18 months
the program. (§4001)
after enactment. The system’s initial
data matches are required within three
years of enactment. (§4011)
Separately, state agencies may, with
Secretary’s approval and required
guidance, establish longitudinal
databases for research purposes.
Databases are to include, if available,
household demographic information,
income and financial resources,
employment status, and information
about household circumstances such
as deductible expenses and the
monthly SNAP allotment while
protecting privacy and may include
other listed data sources. The
Secretary may award grants to states
for their approved databases. Provision
CRS-162

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
includes mandatory funding: $20
mil ion for FY2019 to remain available
through FY2021 and $5 mil ion for
FY2022 and each fiscal year thereafter.
(§4015)
Data matching, verification of
No comparable provision.
In state plans, requires state agencies
Adopts the portion of the Senate
household information. All state
to act (clarify or verify) on data
provision that requires state agencies
agencies are required to conduct certain
matches if the information appears to
to act (clarify or verify) on data
data matches to verify applicant
significantly conflict with that provided
matches. (§4009)
information. Some states may perform
by household, comes from specified
additional checks using federal, state, local,
data matches (e.g., SSA’s match of
or private data systems in order to verify
deceased individuals), is fewer than 60
information provided by applicants. States
days old, and would have been
are required to verify household income.
required to be reported by the
(7 U.S.C. 2020(e), 7 C.F.R. 273.2(f))
household to the state. (§4106)
Requires the Secretary to establish a
pilot program, in no more than eight
states, to test strategies to improve
the accuracy or efficiency of the
process for verifying earned income
during households’ certification and
recertification. Before soliciting project
applications, requires Secretary to
assess contract options, by reviewing,
e.g., the availability and cost-
effectiveness of using specified data
sources. Secretary may make grants
and must submit a report to Congress
on the results of the pilot projects.
Authorizes, in FY2019, $10 mil ion in
mandatory funding for pilot program;
funds are available until expended; no
more than 10% of funding may be used
for assessing contract options or
writing the report to Congress.
(§4107)
CRS-163

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
State agencies’ authority to contract.
Provides states the authority to
No comparable provision.
No comparable provision.
States are required to use state merit
contract out certification or any other
system personnel to conduct SNAP
SNAP administrative function.
certification interviews and make final
Contractor must have no direct or
decisions on eligibility determinations. (7
indirect financial interest in an approved
U.S.C. 2020(e)(6))
retail food store. (§4043)
Access to state systems. States are
Amends to specify that records and
Similar to House bil . Does not specify
Adopts the House provision with
required to keep such records as may be
information systems that contain
that access is subject to security
technical changes. (§4013(a), (c),
necessary to determine compliance with
records are to be made available for
protocols agreed to by the state and
(e))
SNAP law. The law requires that these
inspection and audit by the Secretary,
the Secretary. (§4110(a))
records be available for audit and
subject to security protocols agreed to
inspection. (7 U.S.C. 2020(a)(3)(B))
by the state and the Secretary. QC
States participate in a federally-run Quality
system reporting requirements are also
Control (QC) system. (7 U.S.C. 2025(c)) amended to reflect the availability of
USDA pays half of states’ computer system
these records and systems. Computer
costs, as allowed. (7 U.S.C. 2025(g))
systems must be accessible by the
Secretary for program oversight in
order to receive federal cost-share
funding for computer systems. (§4023)
Error rate calculation. The SNAP QC
For FY2018 and subsequent years,
Requires the Secretary to issue interim Adopts the Senate provision with
system measures improper payments in
reduces QC tolerance level to $0.
final regulations to ensure the integrity
technical changes. (§4013(b))
SNAP by comparing the amounts of
Makes related amendments in the
of the QC system as specified further
overpayments and underpayments that
calculation of liability amounts in light of in the provision. Requires Secretary to
exceed the error tolerance level or
the changed tolerance level. (§4028)
bar from federal procurement any
threshold to total benefits issued. Error
person that, in carrying out the QC
rates are used as a basis for calculating
system, knowingly submits or causes
state award and liability amounts depending
to be submitted, false information to
on high or low performance. Via statute
the Secretary. (§4110(b))
and regulation, the threshold amount has
changed over the years. Since FY2014, the
quality control error threshold has been
set in statute at $37 (with annual inflation
adjustment). (7 U.S.C. 2025(c))
Performance awards. Based on QC
Repeals authority and funding for bonus Reduces amount and scope of
Similar to the House provision, with
system error rates and other data, USDA
awards. Beginning in FY2018, requires
performance bonus awards. Beginning
the additional specification that bonus
measures state performance and provides
Secretary to establish, by regulation,
with the awards for FY2018
awards for FY2018 performance shall
CRS-164

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
financial awards to highest performing and
performance criteria relating to actions
performance and each year thereafter,
not be awarded in FY2019.
most improved states. Performance awards taken to correct errors, reduce rates of Secretary is required to make
(§4013(d))
total $48 mil ion in mandatory funding each error, and improve eligibility
performance bonus awards to states
fiscal year. (7 U.S.C. 2025(d); 7 C.F.R.
determinations and other indicators of
for high or most improved
275.24)
effective administration as determined
performance for application processing
by the Secretary. (§4029)
timeliness only, and a total of $6
mil ion in mandatory funding is
available annually. Specifies that $6
mil ion is available in FY2019 for
Secretary to make the awards for
FY2018 performance. (§4110(c))
Adjustment to percentage of
Increases to 50% the amount of
No comparable provision.
No comparable provision.
recovered funds retained by states.
col ected claims the state agency is
State agencies establish and col ect claims
entitled to retain. Allows states to use
against recipients who traffic SNAP
amounts col ected only for SNAP,
benefits. If a state agency col ects on a
including investments in technology and
claim resulting from fraud, such as recipient other actions to prevent fraud.
trafficking or recipient application fraud,
(§4027)
the state agency is entitled to retain 35% of
the amount col ected. (7 U.S.C. 2025(a))
States’ computer system costs are eligible
No comparable provision.
System testing. Requires state
Similar to the Senate bil with a
for receiving federal matching funds. (7
agencies to test automatic data
technical change. (§4012)
U.S.C. 2025(g))
processing and information retrieval
systems in a live production
environment prior to implementation
in order to receive federal match.
(§4111)
Retail food store and recipient
Extends authorization of $5 mil ion
No comparable provision.
Identical to the House provision.
trafficking. Authorizes civil penalties and
annual funding through FY2023.
(§4020)
SNAP disqualification penalties for retailers
(§4034)
that engage in SNAP trafficking (the sale of
SNAP benefits for money or ineligible
items). USDA enforces those penalties
through a variety of activities and funds
from the SNAP account. Provides
additional grant funding to track and
CRS-165

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
prevent SNAP trafficking: $15 mil ion in
mandatory funding in FY2014, which was
available until expended; authorizes up to
$5 mil ion, subject to appropriations, for
each year from FY2014 through FY2018.
(7 U.S.C. 2036b)
SNAP—Electronic Benefit Transfer (EBT) Systems, Retailers, Eligible Foods
EBT standards. Required state agencies
Requires Secretary to periodically
Related changes in Section 4104(c)-(d).
Includes House language requiring
to implement EBT systems by October 1,
update EBT system regulations.
(summarized below)
Secretary to periodically update EBT
2002, unless Secretary provided a waiver.
Requires Secretary to include “risk-
system regulations but does not
Requires Secretary to issue final
based measures” to maximize system
include “risk-based measures”
regulations that establish standards for the
security based on what the state agency
language. (§4006(b))
approval of such systems. (7 U.S.C.
considers appropriate and cost-
2016(h)(1)-(2))
effective, balanced against recipients’
program access. (§4016)
Processing fees. No “interchange fees”
Bars a state or an agent or contractor
Similar to House provision but ban on
Incorporates aspects of House and
shall apply to EBT transactions. No bar on
of the state from charging any fee for
fees is in effect through FY2022.
Senate provisions, banning switching
“switching” fees in Food and Nutrition Act, switching or routing SNAP benefits.
(§4104(a))
fees through FY2023. (§4006(d))
the statute authorizing SNAP. (7 U.S.C.
Switching is defined as “routing of an
2016(f)(13)) In recent years, third-party
intrastate or interstate transaction that
processors have been charging retailers
consists of transmitting the details of a
fees for switching and routing SNAP
transaction electronically recorded
benefits. FY2018 appropriations law
through the use of an [EBT] card in one
provision bars charging of “switching fees”
State to the issuer of the card that may
through FY2019. (P.L. 115-141, §750)
be in the same or different State.”
(§4018)
Replacement of EBT cards. Secretary
Amends statute to specify that “2 lost
No comparable provision.
No comparable provision.
has the authority to require states to
cards in a 12-month period” is an
decline, unless an explanation is provided,
excessive number. (§4019)
to issue a replacement card to a household
that has made “excessive requests” for
replacement cards. (7 U.S.C.
2016(h)(8)) Current regulations require a
state to contact a household after they
have made four replacement requests in a
CRS-166

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
12-month period. (7 C.F.R. 274.6(b)(6))
In December 2017, USDA’s Food and
Nutrition Service (FNS) granted a waiver
for one state to contact recipients who
request a replacement card more than two
times in a 12-month period.
Benefit recovery. States may store
Allows benefit storage after a
No comparable provision.
Incorporates aspects of House
offline benefits a household has not
household has not accessed SNAP
provision. Allows benefit storage after
accessed in a six-month period. States
account for three months or due to the
a household has not accessed SNAP
must expunge from participants' EBT cards
death of all members of the household.
account for three months or due to
benefits that have not been accessed after
Requires benefit expunging if the
death of all members of the household.
a 12-month period. (7 U.S.C.
benefits have not been accessed by a
Requires benefit expunging if the
2016(h)(12))
household for six months or upon
benefits have not been accessed by a
verification that all members of the
household for nine months or upon
household are deceased. (§4020)
verification that all members of the
household are deceased. Requires
states to notify household of storage
or expungement actions and to make
offline benefits available no later than
48 hours after a household’s request
(§4006(c))
Online acceptance of benefits.
Amends definition of retail food store to
No comparable provision.
Identical to House provision. (§4001)
Requires, depending on results of a
include “online entity.” Amends pilot
demonstration project, that USDA
provision to require nationwide
authorize retailers to accept benefits
implementation of online benefit
online. (7 U.S.C. 2016(k))
redemption. (§4021)
Demonstration is ongoing.
USDA is required to set procedures for
National gateway. Expands the
Requires GAO to study EBT fees,
Includes the portions of Senate
the delivery of benefits to benefit issuers
Secretary’s EBT authority to set
outages, and intermediaries providing
provision requiring the Secretary to
(i.e., state-contracted EBT processors). (7
procedures for independent sales
services between retailers and state-
issue guidance for retailers and
U.S.C. 2016(d)) To connect to the
organizations, third-party processors,
contracted EBT processors. Requires
allowing the Secretary to require
state’s EBT processor and accept SNAP,
and web service providers (each
the Secretary to review state EBT
applicant retailers to provide certain
most SNAP-authorized retailers are
defined in provision) in addition to
contract service agreements,
EBT-related information during the
required to pay for their own EBT
benefit issuers. Requires, pending the
compatibility of systems with USDA
retailer authorization process.
equipment and services. (7 U.S.C.
completion of a feasibility study, the
fraud monitoring systems, and third-
(§4104(d))
2016(f)(2)) These retailers purchase
Secretary to establish a centralized
party applications’ access to EBT
CRS-167

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
equipment and processing services from a
“national gateway” through which all
systems; review is to be based on a
variety of private entities. Between the
SNAP transactions are required to
minimum of five states. Requires
retailer and EBT processor, transactions
route. States are required to ensure
Secretary, based on study and review,
are technologically routed through third-
that benefit issuers connect to the
to promulgate regulations or guidance
party processors and sometimes
national gateway. The Secretary is
appropriate to prohibit the imposition
“gateways.” A variety of third parties can
required to set and col ect fees, paid by
of fees, minimize and update
hinder USDA access to and analysis of
benefit issuers and third-party
procedures for outages, and other
SNAP data.
processors, to sustain the national
specified topics. (§4104(c))
gateway. Provision includes additional
Requires that the Secretary issue
specifications for study and gateway.
guidance to retailers on selecting EBT
Authorizes funding of $10.5 mil ion for
equipment and service providers that
FY2019 and $9.5 mil ion for each of
provide sufficient transaction
FY2020-FY2023 and allows no more
information to minimize the risk of
than $1 mil ion from these funds to be
fraudulent transactions. Allows the
used for the study. (§4022)
Secretary to require applicant retailers
to provide certain EBT-related
information during retailer
authorization process. (§4104(d))
No comparable provision. USDA
SNAP benefit transfer transaction
No comparable provision.
No comparable provision.
undertook research on SNAP recipients’
data report. Requires the Secretary
purchases using 2011 transaction data and
to col ect, not more often than every
published a report in November 2016.
two years, a statistically significant
sample of retailer food store
transaction data, including cost and
description of items purchased with
SNAP, and to summarize and report
that data in a manner that prevents
identification of individual retailer food
store chains and SNAP recipients.
Provision requires specified data
protections. (§4026)
Mobile technologies. Depending on
Amends this provision to create a
No comparable provision.
Similar to House provision, except
results of an authorized demonstration
different pilot to test SNAP recipients’
demonstration project states are to be
project, retailers are authorized to conduct use of mobile technology (e.g.,
selected by January 1, 2021.
EBT transactions using mobile technologies
smartphones) to redeem their SNAP
(§4006(e))
(defined as “electronic means other than
benefits. Authorizes up to five states to
CRS-168

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
wired point of sale devices”) if retailers
pilot. States are to submit a plan to the
meet certain requirements. (7 U.S.C.
Secretary that meets certain
2016(h)(14))
requirements including recipient
privacy, access protections, and
retailers (with some exemptions)
bearing the costs of implementation.
States are to be selected by January 1,
2020. By January 1, 2022, the Secretary
is required to determine whether to
implement in all states and/or whether
further study is required. Participating
retailers are to bear the costs of
equipment and supplies for the benefit
redemption, including fees. (§4017)
Meal providers accepting SNAP
Requires Secretary to review a
No comparable provision.
Similar to House provision with some
benefits. Specified facilities that serve
representative sample of those elderly-
technical changes. Nothing in this
meals to the elderly and disabled (and their and disabled-serving facilities authorized
provision authorizes the Secretary to
spouses) may become authorized to accept to accept benefits and determine
deny authorization based on a
SNAP benefits as payment for those meals;
whether benefits are properly used by
determination that facilities’ residents
this includes senior citizens’ centers,
or on behalf of participating households
were residents of an institution prior
apartment buildings occupied primarily by
residing in such facilities in 7 U.S.C.
to 18 months after enactment.
the elderly and disabled, public or private
2012(k)(3). Gives the Secretary
(§4007)
nonprofit establishments that feed the
discretion to carry out similar reviews
elderly and disabled, and federally
for group living arrangements and drug
subsidized housing for the elderly. (7
and alcohol treatment facilities.
U.S.C. 2012(k)(3), (o)(2)) Group living
Specifies that nothing in this provision
arrangements and drug and alcohol
authorizes the Secretary to deny an
treatment facilities may become authorized application for authorization based on a
to accept SNAP benefits as payment for
determination that facilities’ residents
those meals provided. (7 U.S.C.
were residents of an institution prior to
2012(k)(5), (k)(7), (o)(2)) Treatment
the submission of the required report
facilities and group living arrangements may to Congress, or three years after
serve as authorized representatives for
enactment, whichever is earlier.
SNAP participants in their care. (7 U.S.C.
(§4038)
2017(e)(f))
CRS-169

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
In general, SNAP benefits may be
Makes “multivitamin-mineral dietary
No comparable provision.
No comparable provision.
redeemed for any foods for home
supplement,” as defined in the
preparation and consumption. SNAP
provision, eligible for purchase with
benefits may not be redeemed for alcohol,
SNAP benefits. (§4037)
tobacco, or hot foods intended for
immediate consumption. (7 U.S.C.
2012(k))
SNAP authorization law refers to retailer
No comparable provision.
Allows farmer’s markets and direct
Identical to Senate provision.
establishments in the singular (e.g., “an
marketing farmers to operate an EBT
(§4006(a))
establishment,” “a store”). (7 U.S.C.
point of sale device at more than one
2012(o); 2018(c),(d)) FNS has long
location under the same SNAP retailer
interpreted this to mean one SNAP
authorization, provided that retailer
retailer authorization authorizes one
provides specified information to the
location.
Secretary. (§4104(b))
SNAP—Other SNAP-Related Grants
Food Insecurity Nutrition Incentive
Renames the program The Gus
Renames the program The Gus
Similar to Senate provision with some
(FINI) and other bonus incentive
Schumacher Food Insecurity
Schumacher Food Insecurity
amendments. Includes a produce
programs. Grant program provides grants Nutrition Incentive Program. Adds
Nutrition Incentive Program.
prescription program within FINI and
to governmental agencies and nonprofit
new priority criteria for the awarding
Amends definition of eligible entity to
related funding (more detail below).
organizations for projects that “increase
of grants. Certain other additional
“governmental agency or nonprofit
Provides mandatory funding: $45
the purchase of fruits and vegetables by
priority criteria are at the Secretary’s
organization.” Makes Puerto Rico and
mil ion for FY2019, $48 mil ion for
low-income consumers participating in
discretion. Limits program incentives to American Samoa eligible for grants.
each of FY2020 and FY2021, $53
[SNAP] by providing incentives at the point financial incentives. Requires Secretary
Allows grantees to partner or make
mil ion for FY2022, $56 mil ion for
of purchase.” Typically, these are projects
to consult with the director of the
subgrants to a list of organizational
FY2023 and each year thereafter.
that provide matching “bonus dol ars”
National Institute of Food and
types. Allows tribal agency grantees to
Within each year of funding, the
when a SNAP purchase of fruits or
Agriculture (NIFA) to establish a
use certain federal funding to meet
Secretary shall use not more than 10%
vegetables is made. Retailers often partner
training, evaluation, and information
matching requirements. Requires
for the produce prescription program
with grantees, and retailers financially
center for use by program grantees.
grantees to measure fruit and
and not more than 8% for NIFA and
benefit from incentives, but for-profit
Increases funding, providing $45 mil ion
vegetable purchases, except in the case FNS administration. The established
retailers are not eligible grantees.
for FY2019, $50 mil ion for FY2020,
of projects receiving $100,000 or less.
“Nutrition Incentive Program Training,
Mandatory funding is provided through a
$55 mil ion for FY2021, $60 mil ion for
Adds new priority criteria for the
Technical Assistance, Evaluation, and
transfer from the Commodity Credit
FY2022, and $65 mil ion for FY2023
awarding of grants, some the same and
Information Centers” are to receive
Corporation (CCC): $35 mil ion for
and each year thereafter. (§4003)
some different from the House-passed
not more than $17 mil ion in aggregate
FY2014 and FY2015, $20 mil ion for each
bil . Requires the Secretary to establish
for FY2019 and FY2020 and $7 mil ion
of FY2016 and FY2017, $25 mil ion for
one or more training and technical
CRS-170

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
FY2018. FINI evaluation is ongoing. (7
centers and one or more information
for each of FY2021, FY2022, and
U.S.C. 7517(b))
and evaluation centers to provide
FY2023. (§4205)
specified technical assistance and
evaluation support, including
information on point-of-sale
technology. Requires the information
and evaluation centers to use standard
metrics developed in col aboration
with the director of NIFA and
administrator of FNS. Requires the
Secretary to conduct and publish an
evaluation of each project annually.
Increases mandatory funding, providing
$50 mil ion for FY2019 and each fiscal
year thereafter. Not more than 15% of
the funding is to be allocated for the
centers and evaluation. (§4303)
Produce prescription programs. Under
No comparable provision.
Establishes Harvesting Health Pilot
Establishes produce prescription
current law and agency grant-making, some
Projects, a grant program to conduct
program, similar to Senate bil with
FINI grants fund “produce [fruit and
pilot projects that demonstrate and
amendments, within the Gus
vegetable] prescription programs,” that
evaluate the impact of “produce
Schumacher FINI program. No longer
provide fruits and vegetables in health care
prescription programs” on the
uses “Harvesting Health Pilot Projects”
environments to SNAP participants who
improvement of dietary health through name. Requires produce prescription
are patients with diet-related health
increased consumption of fruits and
projects to share information with the
conditions. Nonfederal funds may also
vegetables, the reduction of individual
Nutrition Incentive Program Training,
support such programs.
and household food insecurity, and the
Technical Assistance, Evaluation, and
reduction in health care use and
Information Centers. Strikes limitation
associated costs. “Produce
on grantees conducting SNAP or
prescription program” is defined as a
Medicaid eligibility determinations.
program that prescribes fresh fruits
Mandatory funding provided within
and vegetables to eligible individuals,
Gus Schumacher FINI totals (see
and that may: provide financial or
above). (§4205)
nonfinancial incentives for members to
purchase fresh fruits and vegetables or
educational resources on nutrition, or
establish additional accessible locations
for members to procure fresh fruits
CRS-171

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
and vegetables. Entities eligible for
grants must be a nonprofit
organization, state, or local
government; and entities must partner
with one or more health care partners
(defined as a hospital, federally-
qualified health center, Veterans Affairs
hospital or clinic, or a health care
provider group). These projects serve
individuals who, as determined by the
Secretary, are eligible for SNAP or
Medicaid, but the prescription
programs themselves cannot conduct
an eligibility determination for SNAP
or Medicaid. Requires Secretary’s
col aboration with Secretary of Health
and Human Services and “heads of
other appropriate federal agencies.”
Provides mandatory funding of $4
mil ion for each of FY2019 through
FY2023; the Secretary may use not
greater than 10% of funding to pay for
administering, monitoring, and
evaluating each pilot project. (§4304)
Retailer-provided incentives. For a retailer to
Establishes a Retailer-Funded Incentives
Requires Secretary to promulgate
Adopts a Retail Incentives provision,
provide incentives (such as for fruit and
Pilot through which authorized retail
regulations clarifying the process by
requiring the Secretary to issue
vegetable purchases) to SNAP participants,
food stores may receive federal funding
which a retail food store may seek a
guidance to clarify the process by
whether or not federally-funded, requires
to provide bonus incentives to SNAP
waiver to offer SNAP bonus incentives
which an approved retail food store
USDA to waive equal treatment
households for purchases of fruits,
for certain eligible foods (defined as a
may seek a waiver to offer an
regulations which specify that “no retailer
vegetables, and milk. The Secretary is
food that is “identified for increased
incentive. Eligible incentive foods are
food store may single out coupon users for required to reimburse retailers at a
consumption” by the most recent
“a staple food that is identified for
special treatment in any way.” (7 C.F.R.
rate not to exceed 25% of total
Dietary Guidelines for Americans and
increased consumption, consistent
278.2)
bonuses earned by households.
is a fruit, vegetable, low-fat dairy, or
with the most recent dietary
Types of Food. FINI and related funding
Retailers participating in FINI are not
whole grain). Among other
recommendations” and “a fruit,
allows for incentives for fruit and vegetable
eligible. Aggregate value of
requirements for regulations, a waiver
vegetable, dairy, whole grain, or
purchases but does not mention other
reimbursements in a pilot project shall
granted shall not be used to limit the
product thereof.” Guidance may not
types of food. (7 U.S.C. 7517(b))
not exceed $120 mil ion each fiscal
use of benefits. (§4105)
be used to limit the use of SNAP
CRS-172

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
year. Mandatory funding from SNAP
Pilot projects to increase
benefits. Does not provide federal
account provided. (§4002)
purchase of cow milk. Authorizes
funding for incentives. (§4008)
the Secretary to carry out pilot
Healthy Fluid Milk Incentive
projects to develop and test methods
Projects. Similar to Senate pilot
that would, by providing an incentive
projects provision and same level of
for the purchase of milk at the point of
discretionary funding. Projects are to
purchase, increase the purchase of
increase the purchase and
fluid milk, in a manner consistent with
consumption of fluid milk by members
the most recent Dietary Guidelines for of households that receive SNAP
Americans, by those participating in
benefits. Strikes the Senate bil ’s focus
SNAP who under-consume milk.
on those who “under-consume” milk.
Secretary may award cooperative
Secretary may award cooperative
agreements or grants to governmental
agreements or grants to governmental
agencies or nonprofit organizations for
agencies or nonprofit organizations,
this purpose, including allowing
striking the subgrants to retailers.
awardees to award subgrants to
Funding for specified evaluation is
SNAP-authorized retailers. Funding
limited to 7% of funding provided.
shall not be used for any project that
(§4208)
limits the use of SNAP benefits.
Projects are to be in effect for not
more than 24 months. Projects are to
determine whether incentives result in
improved nutritional outcomes,
changes in purchasing and consumption
of fluid milk, or diets more closely
aligned with Dietary Guidelines for
Americans. Requires an independent
evaluation and reporting as further
specified. Authorizes discretionary
funding of $20 mil ion to remain
available until expended. (§4108)
Nutrition Education and Obesity
Makes “1862” and “1890” higher
Requires the Secretary to describe
Similar to Senate provision with
Prevention Grant Program. Formerly
education institutions eligible
how the states shall use an electronic
amendments. Required electronic
SNAP Nutrition Education and formerly an
institutions for carrying out this
reporting system that measures and
reporting system is also to account for
open-ended federal match to state funding,
program. Requires Secretary to act
evaluates projects. Requires state
state agency administrative costs.
this program, administered by FNS,
through NIFA to implement the
agency to send an annual evaluation
Requires the Secretary to provide
provides formula grant funding to SNAP
program and to consult with FNS.
report to Secretary. Requires the
technical assistance to state agencies
CRS-173

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
state agencies to provide programs for
Requires eligible institutions, to the
Administrator of the Food and
regarding development and
SNAP (and other domestic food assistance
extent practicable, to employ and train
Nutrition Service to consult with the
implementation of their state plans.
programs) participants as well as other
professional and paraprofessional aides
director of NIFA to coordinate
Requires additional contents in annual
low-income households. Annual mandatory from the target population to engage in
activities of SNAP nutrition education
state reports to Secretary and requires
funding is provided, most recently $421
direct nutrition education and to
and the Expanded Food and Nutrition
an annual federal report to Congress.
mil ion in FY2018. For FY2018 and each
partner with other entities to optimize
Education Program. (§4114)
(§4019)
fiscal year thereafter, 50% of funding is
program delivery. Increases mandatory
allocated based on states’ SNAP
funding to $485 mil ion beginning in
populations, and 50% of funding is allocated FY2019. This amount is adjusted for
based on states’ funding received during
inflation in FY2020 and subsequent
FY2009 (when funding for the program was years. Authorizes additional
an open-ended federal match). (7 U.S.C.
discretionary funding of $65 mil ion for
2036a, P.L. 115-141)
FY2019 through FY2023. Funds are
allocated based solely on states’ SNAP
populations. Limits administrative costs
for eligible institutions to 10%; makes
certain administrative costs eligible for
SNAP’s matching administrative funds.
(§4033)
Mandatory funding of $5 mil ion provided
Retitles to “Grants for Simple
No comparable provision.
Similar to House provision with
for Grants for Simple Application and
Application and Eligibility
amendments. Retains current law
Eligibility Determination Systems and Determination Systems.” Amends law
name for grants. (§4010)
Improved Access to Benefits. (7
to exclude projects with the purposes
U.S.C. 2020(s))
of reducing barriers to participation or
improving methods for informing and
enrol ing eligible households. (§4025)
No comparable provision.
Public-private partnerships.
No comparable provision.
Similar to House bil with amendments,
Authorizes grants for up to 10 pilot
including changes to definitions of
projects that support public-private
eligible private and public entities.
partnerships addressing food insecurity
Requires an independent evaluation of
and poverty. Projects are to last no
projects. (§4021)
more than two years and address
specified objectives. Grantees shal
report annually to Secretary, who shall
report to congressional committees.
Authorizes $5 mil ion in discretionary
CRS-174

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
funding for grants to eligible entities.
(§4030)
Puerto Rico. Since 1982, Puerto Rico has
Authorizes discretionary funding for
No comparable provision.
No comparable provision.
received a block grant, Nutrition
the Secretary to carry out a study to
Assistance Program for Puerto Rico
determine the feasibility and impact of
(NAP), in lieu of SNAP). The annual
developing a Thrifty Food Plan to
amount is based on the USDA-calculated
specifically apply to NAP. (§4040)
Thrifty Food Plan, which uses data from
Requires the Secretary to again carry
the contiguous states. (7 U.S.C. 2028) In
out a study of the feasibility and effects
2010, USDA published a study, required by
of including Puerto Rico in SNAP as
the 2008 farm bil , on the feasibility of
opposed to the NAP block grant.
Puerto Rico administering SNAP. (§4142
Provides $1 mil ion in mandatory
of P.L. 110-246)
funding and an authorization for
additional discretionary funding.
(§4042)
Food Distribution Programs
Food Distribution Program on Indian
Amends locally-grown and traditional
Requires the Secretary to pay at least
Incorporates House and Senate
Reservations (FDPIR). Commodity
food fund to include “regionally grown”
80% of the administrative costs and
provisions. Not later than one year
distribution program established to
foods. Reauthorizes fund’s
that FDPIR administrative funding be
after demonstration project funding is
distribute agricultural commodities, in lieu
authorization of appropriations through available for spending for a two-year
appropriated and annually thereafter,
of SNAP benefits, at the request of a tribal
FY2023. Requires that FDPIR funding
period. Establishes a demonstration
Secretary is required to submit a
organization. $5 mil ion in mandatory
be available for spending for a two-year
project for one or more tribal
report to committees of jurisdiction.
funding authorized for a traditional and
period. (§4005)
organizations to enter into a self-
(§4003)
locally-grown food fund. (7 U.S.C.
determination contract to purchase
(2014)(b)) USDA funds 75% of program’s
commodities for FDPIR; to carry out
administrative costs. (7 C.F.R. 253.11)
this project, authorizes $5 mil ion in
Annual appropriations language provides
discretionary funding to be available
FDPIR funding and makes it available for
until expended. Like the House bil ,
spending within one fiscal year. (e.g., P.L.
reauthorizes locally-grown and
115-141)
traditional food fund through FY2023
and makes all FDPIR funding available
for spending for a two-year period.
(§4102)
The Emergency Food Assistance
Increases annual mandatory funding by
As compared to FY2018, increases
Adopts the Senate provision—
Program (TEFAP). For FY2018, for
$45 mil ion (plus inflation adjustment),
annual mandatory funding by $8 mil ion including its funding levels—with one
CRS-175

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
USDA-purchased commodity foods,
for FY2019 and each fiscal year
in FY2019, $20 mil ion in FY2020, and
change: newly authorized projects to
provides $250 mil ion in TEFAP commodity thereafter, by amending the additional
$20 mil ion in each of FY2021, FY2022, harvest, process, or package
purchases plus the addition of $15 mil ion,
funds from $15 mil ion to $60 mil ion.
and FY2023. Adjusts funding by
unharvested, unprocessed, or
each adjusted for inflation according to
Establishes a “Farm to Food Bank Fund” specified inflation measures for FY2024 unpackaged donated commodities may
changes to the Thrifty Food Plan. USDA is
where, of TEFAP commodity funds
and each year thereafter. (§4115(e))
also include the transportation of such
to distribute the foods to states for
provided, Secretary is required to
Establishes “Projects to Harvest,
commodities and are renamed
distribution to emergency feeding
distribute $20 mil ion to states to
Process, and Package Donated
“Projects to Harvest, Process, Package,
organizations. (7 U.S.C. 2036) In addition
procure, or for states to enter into
Commodities,” where unharvested,
or Transport Donated Commodities.”
to other aspects of TEFAP authorization
agreements with food banks to
unprocessed, or unpackaged
(§4018)
and discretionary funding, the Emergency
procure, excess fresh fruits and
commodities are donated by
Food Assistance Act of 1983 authorizes
vegetables grown in the state or
agricultural producers, processors, or
discretionary funding for an Emergency
surrounding regions to be provided to
distributors for use by emergency
Food Program Infrastructure Grants
emergency feeding organizations.
feeding organizations. Provides $4
through FY2018. (7 U.S.C. 7511a)
(§4032)
mil ion in mandatory funding for each
of FY2019 through FY2023; the federal
share of project costs shall not exceed
50% of the total cost of the project.
Requires the Secretary to allocate
funds to states that have included such
a project in their state plans, based on
an allocation formula determined by
the Secretary. (§4115(b)) Requires
states to include, in their TEFAP state
plans, a plan that provides emergency
feeding organizations or recipient
agencies an opportunity to provide
input on commodity preferences and
needs. (§4115(a)) Requires the
Secretary to issue guidance outlining
best practices to minimize food waste
of those commodities donated by non-
USDA entities. (§4115(c))
Reauthorizes infrastructure grants
through FY2023. (§4115(d))
Commodity Distribution Program.
Reauthorizes through FY2023. (§4101) Same as House bil . (§4201)
Similar to House and Senate provision,
Authority to purchase and distribute
with technical changes. (§4101)
CRS-176

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
agricultural commodities expired at the
end of FY2018. (7 U.S.C. 612c note)
Commodity Supplemental Food
Reauthorizes through FY2023. (§4102) Reauthorizes through FY2023.
Identical to Senate provision. (§4102)
Program. Various authorities expire at
Requires states to establish a minimum
Requires states to establish a minimum
the end of FY2018. No minimum
certification period of not less than one
certification period of not less than
certification period for participants is
year and allows the Secretary to
one year but not more than three
provided in statute; a six-month minimum
approve state requests for longer
years (if certain requirements are met),
is in regulation. (7 U.S.C. 612c note, 7
certification periods if certain
while allowing for temporary monthly
C.F.R. 247.16(a)) Some states currently
requirements are met. (§4103)
certification when other certified
provide temporary certifications on a
participants do not participate.
month-to-month basis when clients
(§4202)
certified for six months do not claim foods.
Distribution of surplus commodities
Reauthorizes through FY2023. (§4104) Same as House bil . (§4203)
Identical to House and Senate
to special nutrition projects. Secretary
provisions. (§4103)
required to encourage consumption of
surplus commodities by contracting with
private companies to process such
commodities into end-food products.
Authority expired at the end of FY2018. (7
U.S.C. 1431e(a))
Other Nutrition Programs and Policies
Bill Emerson Good Samaritan Food
No comparable provision.
Food donation standards. Requires
Identical to Senate provision. (§4104)
Donation Act provides protection from
Secretary to issue guidance within 180
liability for people or entities donating
days of enactment to promote
apparently wholesome food to nonprofit
awareness of donations of apparently
organizations as well as protection from
wholesome food, as defined by the Bil
liability for nonprofit organizations
Emerson Good Samaritan Food
receiving such foods. (42 U.S.C. 1791)
Donation Act, by “qualified direct
donors,” a term defined in the bil
provision to include retail food stores,
wholesalers, agricultural producers,
restaurants, caterers, school food
authorities, and institutions of higher
education. Requires the Secretary to
encourage state agencies and
CRS-177

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
emergency feeding organizations to
share the guidance with qualified direct
donors. (§12615)
Purchase of fresh fruits and
Extends $50 mil ion requirement
Same as House bil . (§4301)
Identical to House and Senate
vegetables for distribution to schools
through FY2023. (§4201)
provisions. (§4202)
and service institutions. In addition to
the minimum ($200 mil ion per year)
acquisitions required by the 2002 farm bil ,
USDA is required to purchase additional
fruits, vegetables, and tree nuts for use in
domestic nutrition assistance programs
using Section 32 funds. The added
purchases required include $206 mil ion
(FY2012 and each year thereafter). Of this
money for additional purchases, at least
$50 mil ion annually (for each of FY2008
through FY2018) is required for USDA
fresh fruit and vegetable acquisitions for
schools. (7 U.S.C. 612c-4(a),(b))
Senior Farmers’ Market Nutrition
Reauthorizes funding through FY2023.
Same as House Bil . (§4302)
Identical to House and Senate
Program (SFMNP). Authorizes and
(§4202)
provisions. (§4201)
provides CCC mandatory funding of $20.6
mil ion annually for the SFMNP through
FY2018. (7 U.S.C. 3007)
Authorizes up to $125 mil ion to be
Amends appropriated funding to be
Broadens the Initiative’s scope to
Identical to Senate provision. (§4204)
appropriated for a “Healthy Food
available for expenditure through
include retailers and “enterprises.” As
Financing Initiative" to remain available
October 1, 2023. (§4203)
some projects would now include
until expended. USDA is authorized to
enterprises that are not retailers,
approve a community development
amends the requirement for accepting
financial institution as “national fund
SNAP benefits to projects “as
manager” that would administer these
applicable.” (§12409)
funds by supporting “projects to attract
fresh, healthy food retailers” and that
would “expand or preserve access to
staple foods” (as defined within this
CRS-178

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
section) and accept SNAP benefits. (7
U.S.C. 6953)
Amendments to the Fresh Fruit and
Amends program to provide fresh,
No comparable provision.
No comparable provision
Vegetable Program. Provides grants to
canned, dried, frozen, or pureed fruits
states for children at low-income
and vegetables. Renames program
elementary schools to receive fruit and
Fruit and Vegetable Program.
vegetable snacks throughout the day.
(§4204)
Purchases are limited to fresh fruits and
vegetables. Program is permanently
authorized and permanently funded. (42
U.S.C. 1769a) The 2014 farm bil
required USDA to administer a pilot
project to implement and evaluate at least
five states providing frozen, canned, and
dried fruits and vegetables through this
program and provided $5 mil ion for this
purpose. (42 U.S.C. 1769a note)
Community Food Projects.
No comparable provision.
For FY2019 and each fiscal year
Identical to Senate provision. (§4017)
Permanently authorizes a grant program
thereafter, provides a total of $5
for eligible nonprofit organizations in order
mil ion each year (a reduction of $4
to improve community access to food.
mil ion per year). (§4113)
Grants require 50% in matching funds. For
FY2015 and each year thereafter, provides
$9 mil ion annually in mandatory funding
for this purpose. (7 U.S.C. 2034)
Service of Traditional Foods in Public
Amends the provision, expanding the
No comparable provision.
Similar to House provision with
Facilities. USDA and FDA are required to list of specified public programs and
amendments. Expands the list of
allow the donation and provision of
facilities included and protected from
entities and activities protected from
traditional tribal foods if the food service
liability. (§4041)
liability. (§4203)
provider meets certain conditions. Includes
liability protections for the United States,
Indian tribes, and tribal organizations. (25
U.S.C. §1685)
In accordance with requirements in the
Requires the Secretary to review the
No comparable provision.
No comparable provision.
Healthy, Hunger-Free Kids Act of 2010
2012 and 2016 regulations that updated
CRS-179

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
(P.L. 111-296, §§201, 208), USDA
the school meal nutrition standards and
published final regulations to update the
created nutrition standards for foods
nutrition standards for National School
served outside of the meal program,
Lunch Program and School Breakfast
including any requirements for milk.
Program in January 2012 and final
Revised final regulations are to be
regulations to set standards for other
based on research focused on school-
foods in the school nutrition environment
age children, not add costs to the
in July 2016. (77 Federal Register 4088;
operation of the program, and maintain
81 Federal Register 50131)
healthy meals for students. (§4205)
Buy American requirements for
No comparable provision.
No later than 180 days after
Similar to Senate provision but with
National School Lunch Program and
enactment, USDA must enforce the
amendments. No later than 180 days
School Breakfast Program. School
Buy American provisions applicable
after enactment, USDA must “enforce
food authorities in the contiguous states
to domestic food assistance purchases
ful compliance with” the Buy
are required to purchase domestic
administered by the Food and
American requirements applicable to
commodities or products to the maximum
Nutrition Service, including fish or fish
the National School Lunch Program
extent practicable. (Agency guidance has
products that substantially contain fish
and School Breakfast Program, “ensure
elaborated upon “maximum extent
harvested within a state, the District of that States and school food authorities
practicable.”) Domestic commodity or product
Columbia, or the Exclusive Economic
ful y understand their responsibilities”
is defined as an agricultural commodity that
Zone of the United States and tuna
under current law, and submit a report
is produced in the United States and food
harvested by a U.S.-flagged vessel.
to Congress on actions taken and
product that is processed in the United
USDA is to submit a report to
plans to comply with the provision.
States substantially using agricultural
Congress on actions taken and plans
For the purposes of USDA’s
commodities that are produced in the
to comply with the provision.
enforcement, the enacted bil defines
United States. The statute does not
(§12622)
domestic products as those that are
mention specific commodities or products.
processed in the United States and
The law also includes Hawaii-specific and
substantially contain (1) meats,
Puerto Rico-specific requirements for
vegetables, fruits, and other
sourcing. (42 U.S.C. 1760(n))
agricultural commodities produced in a
state, DC, Puerto Rico, or any
territory or possession of the United
States; or (2) fish harvested in the
Exclusive Economic Zone or by a U.S.-
flag vessel. (§4207)
No comparable provision.
No comparable provision.
Establishes the Micro-Grants for
Similar to Senate provision with
Food Security program, which is
several amendments, including: states
intended to increase the quality and
may waive the matching requirement
CRS-180

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
quantity of locally-grown foods in food
for individuals whom a state
insecure communities. USDA is to
determines would meet the
distribute funds to agricultural
requirements to receive a subgrant,
departments or agencies in eligible
subgrantees’ funding remains available
states (Alaska, Hawaii, American
for three years, makes changes to
Samoa, Commonwealth of the
reporting requirements. (§4206)
Northern Mariana Islands,
Commonwealth of Puerto Rico,
Federated States of Micronesia, Guam,
Republic of the Marshall Islands,
Republic of Palau, and the U.S. Virgin
Islands) to competitively issue
subgrants to eligible entities
(individuals, Indian tribes, nonprofits
engaged in food insecurity, federal y-
funded educational facilities, and local
or Tribal government).
The subgrants may not be greater than
$5,000 for an individual and $10,000
for the other eligible entities. Grantees
must provide 10% in matching funds.
The funds must be used for activities
specified (e.g., purchasing gardening
tools and equipment, seeds, plants,
composting units; expanding cultivated
land; building fencing for livestock;
purchasing and equipping slaughter and
processing facilities; and attending
education programs) that increase the
quantity and quality of local foods.
Entities that receive grants must
submit a report to the eligible state on
the quantity of food grown and the
number of people fed as a result of the
grant; the states must provide the
reports to USDA.
CRS-181

Enacted 2018 Farm Bill
Prior Law/Policy
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Authorizes discretionary funding of
$10 mil ion for FY2019 and each fiscal
year thereafter. The funds remain
available until expended. The states of
Alaska and Hawaii wil each receive
40% of the funds, and each of the
other eligible states wil receive 2.5%.
(Section 12616)
CRS-182

Table 9. Credit
Enacted 2018 Farm Bill
Prior Law (2014 Farm Bill)
House-Passed Bill (H.R. 2)
Senate-Passed Bill (H.R. 2)
(P.L. 115-334)
Subtitle A—USDA Farm Ownership Loans