Ag Act

[Anthony]

IN THE UNITED STATES SENATE | 115th Session of Congress

 

S. xx

 

Mr. ROLLINS, for himself, Mr. BU, Mr. VAN HORN, with thanks (in alphabetical order) to Ms. FISCHER, Mr. FORTENBERRY, Mr. GRASSLEY, Ms. HEITKAMP, Ms. KLOBUCHAR, Mr. LaMALFA, Mr. LARSON, Ms. LUJAN GRISHAM, Mr. SMITH, Mr. THUNE, Mr. WYDEN, and on behalf of the American People, submit the following:

 

A BILL

To Strengthen Access and Quality of Healthcare Services in Rural Areas, Provide for Increased Economic Development in Rural Areas, Preserve via Regulatory Reform the Production of Rural America as it relates to the Aggregate American Economy and Production of Raw Materials, Provide for Wildfire Suppression Operations, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled as follows

 

SECTION. 1. SHORT TITLE

This act may be cited and referred to as the 'Ag Act.'

 

SEC. 2. TABLE OF CONTENTS

The Table of Contents of this Act are as follows:

Sec. 1. Short Title

Sec. 2. Table of Contents

Title I - Rural Health Insurance

Sec. 101. Supporting Agricultural Association Health Plans

Sec. 102. Rural Health Clinic Modernization

Sec. 103. Medicare Requirement Adjustment

Sec. 104. Health Savings Accounts

Sec. 105. Medicare Coverage of Pharmacist Services

Sec. 106. Increasing Rural Hospital Access

Title II - Economic Development

Sec. 201. Rural Investment

Sec. 202. Transportation of Agricultural Commodities and Farm Supplies

Sec. 203. Small Refineries Exemption Requirements

Sec. 204. Reform and Extension of Biodiesel Tax Incentives

Sec. 205. Expanded Lending Practices in Rural Communities

Sec. 206. Agriculture Education Freedom

Title III - Agriculture Protection

Sec. 301. Exemptions from Certain Notice Requirements and Penalties

Sec. 302. Ethanol Waiver

Sec. 303. Farm to School Program Modernization

Sec. 304. Modification of Jurisdiction of the Toxic Substances Control Act

Sec. 305. Crop Production on Native Sod

Sec. 306. Rural Broadband Access

Title IV - Public Power Risk Management

Sec. 401. Transactions with Utility Special Entities

Sec. 402. Utility Special Entity Defined

Sec. 403. Utility Operations-Related Swap

Title V - Miscellaneous

Sec. 501. Honoring Hometown Heros

Sec. 502. Wildfire Disaster Funding Authority

Sec. 3. Enactment

Sec. 4. Plain English Summary

 

 

 

TITLE I - RURAL HEALTH INSURANCE

 

 

SEC. 101. SUPPORTING AGRICULTURAL ASSOCIATION HEALTH PLANS

(a) In General -- The Secretary of Agriculture may establish a loan program and a grant program to assist in the establishment of agricultural association health plans, in order to help bring new health options and lower priced health care coverage to rural Americans.

(b) Loans --

(1) In General -- With respect to plan years 2019 through 2022, the Secretary of Agriculture, in consultation with the Secretary of Labor, may make not more than 10 loans under this section, for purposes of establishing agricultural association health plans, to qualified agricultural associations that have not received a loan under this section.

(2) Use of Funds -- The proceeds of a loan made under this section may only be used to finance costs associated with establishing and carrying out an agricultural association health plan.

(3) Loan Terms -- A loan made under this section shall -

(A) bear interest at an annual rate equivalent to the cost of borrowing to the Department of the Treasury for obligations of comparable maturities;

(B) have a term of such length, not exceeding 20 years, as the borrower may request;

(C) be in an amount not to exceed $15,000,000;

(D) require that the borrower submit annual audited financial statements to the Secretary; and

(E) include any other requirements or documentation the Secretary deems necessary to carry out this section.

(c) Grants -- The Secretary may make grants to agricultural trade associations or industry associations which have been in existence for at least three years prior to applying for such a grant to provide for technical assistance in establishing an agricultural association health plan.

(d) Authorization Of Appropriations --

(1) In General -- There are authorized to be appropriated to carry out this section $65,000,000 for the period of fiscal years 2019 through 2022, to be available until expended.

(2) Reservation of Funds -- Of the funds made available under paragraph (1), not more than 15 percent of such funds shall be made available to make grants under subsection (c).

(e) Definitions -- In this section:

(1) Agricultural Association Health Plan -- The term “agricultural association health plan” means a group health plan within the meaning of section 733(a)(1) of the Employee Retirement Income Security Act of 1974 -

(A) that is sponsored by a qualified agricultural association; and

(B) with respect to which the Secretary has received a letter from the relevant State insurance commissioner certifying that such association may offer such plan in such State.

(2) Qualified Agricultural Association -- The term “qualified agricultural association” means an association -

(A) composed of members that operate a farm or ranch or operate an agribusiness;

(B) that qualifies as an association health plan within the meaning of guidance or regulation issued by the Department of Labor;

(C) that acts directly or indirectly in the interest of its members in relation to the plan;

(D) that is able to demonstrate an ability to implement and manage a group health plan; and

(E) that meets any other criteria the Secretary deems necessary to meet the intent of this section.

 

SEC. 102. RURAL HEALTH CLINIC MODERNIZATION

Modernizing Physican, Physician Assistant, and Nurse Practitioner Utilization Requirements

(a) In General -- Section 1861(aa) of the Social Security Act is amended -

(1) in paragraph (2)(B), by striking “has an arrangement” and all that follows through the first semicolon and inserting “meets the requirements described in paragraph (8);”; and

(2) by adding at the end the following new paragraph:

“(8) Requirements for Certain Facilities Described -- For purposes of paragraph (2)(B), with respect to a facility which is not a physician-directed clinic, the following requirements are described in this paragraph:

“(A) Arrangement -- The facility has an arrangement consistent with the provisions of State and local law relative to the practice, performance, and delivery of health services, with one or more physician assistants (as defined in paragraph (5)(A)) or one or more nurse practitioners (as defined in such paragraph).

“(B) Practice and Oversight Requirements --

“(i) In General -- Subject to clause (ii), the delivery of health services under such arrangement shall be in accordance with State law or the State regulatory mechanism governing the practice of physician assistants or nurse practitioners.

“(ii) Exception if No State Laws or Regulations Applicable -- In the case where a State does not have laws or regulations governing the practice, performance, and delivery of health services by a physician assistant or nurse practitioner, the Secretary shall adopt regulations for facilities located in such State that provide for the periodic review by physicians of covered services furnished by physician assistants and nurse practitioners, the supervision and guidance by such physicians of physician assistants and nurse practitioners, and the preparation by such physicians of such medical orders for care and treatment of clinic patients as is necessary. Such regulations shall also require facilities located in such a State to have arrangements with physicians for referral of and consultation for patients as the facility deems necessary and for advice and assistance in the management of medical emergencies.”.

(b) Effective Date -- The amendments made by this section shall take effect on the date of the enactment of this Act.

Removing Outdated Laboratory Requirements

(a) In General -- Section 1861(aa)(2)(G) of the Social Security Act is amended by striking “, including clinical laboratory services” and all that follows through “additional diagnostic services” and inserting the following: “and has prompt access to clinical laboratory services and additional diagnostic services”.

(b) Effective Date -- The amendments made by this section shall take effect on the date of the enactment of this Act.

Allowing Rural Health Clinics the Flexibility to Contract with Physican Assistants and Nurse Practitioners

(a) In General -- Section 1861(aa) of the Social Security Act, in the first sentence of the flush matter following paragraph (2), is amended by striking “(iii) employs a physician assistant or nurse practitioner, and (iv)” and inserting “and (iii)”.

(b) Effective Date -- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

Allowing Rural Health Clinics to be the Distant Site for a Telehealth Visit

(a) In General -- Section 1834(m) of the Social Security Act is amended -

(1) in the first sentence of paragraph (1) -

(A) by striking “or a practitioner (described in section 1842(b)(18)(C))” and inserting “, a practitioner (described in section 1842(b)(18)(C)), or a rural health clinic”; and

(B) by striking “or practitioner” and inserting “, practitioner, or rural health clinic”;

(2) in paragraph (2)(A) -

(A) by striking “or practitioner” and inserting “practitioner, or rural health clinic”; and

(B) by striking “such physician or practitioner” and inserting “such physician, practitioner, or rural health clinic”; and

(3) in paragraph (4)(A), by striking “or practitioner” and inserting “practitioner, or rural health clinic”.

(b) Effective Date -- The amendments made by this section shall apply to services furnished on or after the date of the enactment of this Act.

Including Facilities Located in Certain Areas

(a) In General -- Section 1861(aa) of the Social Security Act is amended, in the first sentence of the flush matter following paragraph (2), by inserting “or in an area that has been designated by the chief executive officer of the State and certified by the Secretary as rural” after “Census)”.

(b) Effective Date -- The amendment made by this section shall take effect on the date of the enactment of this Act.

Increasing Reimbursement for Rural Health Clinics

(a) Section 1833(f) of the Social Security Act is amended -

(1) in paragraph (1), by striking “, and” at the end and inserting a semicolon;

(2) in paragraph (2)—

(A) by inserting “(before 2019)” after “in a subsequent year”; and

(B) by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

“(3) in 2019, at $105 per visit;

“(4) in 2020, at $110 per visit;

“(5) in 2021, at $115 per visit; and

“(6) in a subsequent year, at the limit established under this subsection for the previous year increased by the percentage increase in the MEI (as so defined) applicable to primary care services (as so defined) furnished as of the first day of that year.”.

 

SEC. 103. MEDICARE REQUIREMENT ADJUSTMENT

(a) Removing Medicare 96-Hour Physican Certification Requirement for Inpatient Critical Access Hospital Services -- Section 1814(a) of the Social Security Act is amended -

(1) in paragraph (6), by adding “and” at the end;

(2) in paragraph (7), at the end of subparagraph (E), by striking “and” and inserting a period; and

(3) by striking paragraph (8).

(b) Application -- The amendments made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2019.

 

SEC. 104. HEALTH SAVINGS ACCOUNTS

(a) Maximum Contribution Limit to HSA Increased to Amount of Deductible and Out-of-Pocket Limitation --

(1) Self-Only Coverage -- Section 223(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking “$2,250” and inserting “the amount in effect under subsection (c)(2)(A)(ii)(I)”.

(2) Family Coverage -- Section 223(b)(2)(B) of such Code is amended by striking “$4,500” and inserting “the amount in effect under subsection (c)(2)(A)(ii)(II)”.

(3) Effective Date -- The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.

(b) Treatment of Direct Primary Care Service Arrangements -- Section 223(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

“(6) Treatment of Direct Primary Care Service Arrangements -- An arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for such services -

“(A) shall not be treated as a health plan described in subclause (I) or (II) of paragraph (1)(A)(ii) for purposes of such paragraph, and

“(B) shall not be treated as insurance for purposes of subsection (d)(2)(B).”.

(1) Certain Provider Fees To Be Treated As Medical Care -- Section 213(d) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:

“(4) Periodic Provider Fees -- The term ‘medical care’ shall include -

“(A) periodic fees paid to a primary care physician for a defined set of medical services or the right to receive medical services on an as-needed basis, and

“(B) pre-paid primary care services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness.”.

(2) Effective Date -- The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.

(c) Fitness Center Membership as an Allowable HSA Expense -- Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: “Such term shall include amounts paid for membership in a fitness center.”.

(1) Effective Date -- The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.

 

SEC. 105. MEDICARE COVERAGE OF PHARMACIST SERVICES

(a) Coverage -- Section 1861(s)(2) of the Social Security Act is amended -

(1) by striking “and” at the end of subparagraph (FF);

(2) by adding “and” at the end of subparagraph (GG); and

(3) by inserting after subparagraph (GG) the following new subparagraph:

“(HH) pharmacist services furnished by a pharmacist, as licensed by State law, individually or on behalf of a pharmacy provider -

“(i) which the pharmacist is legally authorized to perform in the State in which the individual performs such services;

“(ii) as would otherwise be covered under this part if furnished by a physician, or as an incident to a physician’s service; and

“(iii) in a setting located in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act), medically underserved area, or medically underserved population (as defined in section 330(b)(3) of such Act);”.

(b) Payment -- Section 1833(a)(1) of the Social Security Act is amended -

(1) by striking “and (BB)” and inserting “(BB)”; and

(2) by inserting before the semicolon at the end the following: “, and (CC) with respect to pharmacist services (as defined in section 1861(s)(2)(HH)), the amounts paid shall be equal to 80 percent of the lesser of the actual charge or 85 percent of the fee schedule amount provided under section 1848 if such services had been furnished by a physician”.

(c) Effective Date -- Pharmacist Specific Codes --

(1) Effective Date -- The amendments made by subsections (a) and (b) shall apply with respect to services furnished on or after January 1, 2019.

(2) Pharmacist Specific Codes -- The Secretary of Health and Human Services shall develop pharmacist specific codes, as necessary, under the physician fee schedule under section 1848 of the Social Security Act.

 

SEC. 106. INCREASING RURAL HOSPITAL ACCESS

Extension of the Medicare-Dependent Hospital (MDH) Program

(a) Extension Of Payment Methodology -- Section 1886(d)(5)(G) of the Social Security Act is amended -

(1) in clause (i), by striking “, and before October 1, 2017”; and

(2) in clause (ii)(II), by striking “, and before October 1, 2017”.

(b) Conforming Amendments --

(1) Extension of Target Amount -- Section 1886(b)(3)(D) of the Social Security Act is amended -

(A) in the matter preceding clause (i), by striking “, and before October 1, 2017”; and

(B) in clause (iv), by striking “through fiscal year 2017” and inserting “or a subsequent fiscal year”.

(2) Permitting Hospitals to Decline Reclassification -- Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 is amended by striking “fiscal year 2000 through fiscal year 2017” and inserting “a subsequent fiscal year”.

Extension of the Increased Payments Under the Medicare Low-Volume Hospital Program

(a) In General -- Section 1886(d)(12) of the Social Security Act is amended -

(1) in subparagraph (B) -

(A) in the heading, by inserting “FOR FISCAL YEARS 2005 THROUGH 2010” after “INCREASE”; and

(B) in the matter preceding clause (i), by striking “and for discharges occurring in fiscal year 2018 and subsequent fiscal years”;

(2) in subparagraph (C)(i) -

(A) by striking “fiscal years 2011 through 2017” each place it appears and inserting “fiscal year 2011 and each subsequent year”; and

(B) by striking “or portion of fiscal year”; and

(3) in subparagraph (D) -

(A) in the heading, by striking “TEMPORARY APPLICABLE PERCENTAGE INCREASE” and inserting “APPLICABLE PERCENTAGE INCREASE BEGINNING WITH FISCAL YEAR 2011”;

(B) by striking “fiscal years 2011 through 2017,” and inserting “fiscal year 2011 and each subsequent fiscal year”; and

(C) by striking “or the portion of fiscal year” each place it appears.

 

 

 

TITLE II - ECONOMIC DEVELOPMENT

 

 

SEC. 201. RURAL INVESTMENT

(a) Contracting of Functions -- Subtitle H of the Consolidated Farm and Rural Development Act is amended by inserting after section 384P the following:

“SEC. 384Q. Contracting of Functions

“(a) In General -- Notwithstanding any other provision of law, to carry out the day-to-day management and operation of the program authorized by this subtitle on behalf of the Secretary, the Secretary shall enter into an interagency agreement under section 1535 of title 31, United States Code, with the Administrator of the Small Business Administration.

“(b) Funding -- The costs incurred by the Administrator of the Small Business Administration under an agreement entered into under subsection (a) shall be reimbursed in accordance with section 1535 of title 31, United States Code, from amounts made available under section 384S.”.

(b) Appropriation --

(1) In General -- There is appropriated, from amounts in the Treasury not otherwise appropriated, $1,000,000,000 to carry out the Rural Business Investment Program established under subtitle H of the Consolidated Farm and Rural Development Act.

(2) Requirement -- Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, in coordination with the Administrator of the Small Business Administration, shall issue commitments to purchase, or to guarantee the timely payment of all principal and interest as scheduled on, debentures issued by rural business investment companies under subtitle H of the Consolidated Farm and Rural Development Act.

 

SEC. 202. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES

(a) Section 229 of the Motor Carrier Safety Improvement Act of 1999 is amended --

(1) in subsection (a)(1) -

(A) in the matter preceding subparagraph (A), by striking “during planting and harvest periods, as determined by each State,”; and

(B) by striking subparagraph (A) and inserting the following:

“(A) drivers transporting agricultural commodities within a 150 air-mile radius from -

“(i) the source of the agricultural commodities; or

“(ii) the destination of the agricultural commodities;”; and

(2) in subsection (e)(8), by striking “during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year” and inserting “and livestock feed”.

(b) Definitions --

(1) In General -- Section 229(e) of the Motor Carrier Safety Improvement Act of 1999 is amended by striking paragraph (7) and inserting the following:

“(7) Agricultural Commodity -- The term ‘agricultural commodity’ has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (or a successor regulation).”.

(2) Rulemaking -- Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise the definition of the term “agricultural commodity” in section 395.2 of title 49, Code of Federal Regulations, to include -

(A) any nonprocessed product planted or harvested for food, feed, fuel, or fiber;

(B) any nonhuman living animal, including -

(i) fish;

(ii) insects; and

(iii) livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988); and

(C) the nonprocessed products of any non­hu­man living animal, including -

(i) milk;

(ii) eggs; and

(iii) honey;

(D) nonprocessed forestry, aquacultural, horticultural, and floricultural commodities;

(E) fresh or minimally processed fruits and vegetables, including fruits and vegetables that are rinsed, cooled, cut, ripened, or otherwise minimally processed, as determined by the Secretary; and

(F) animal feed, including the ingredients of animal feed.

 

SEC. 203. SMALL REFINERIES EXEMPTION REQUIREMENTS

Definitions -- In this Section:

(1) Administrator -- The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) Petition -- The term “petition” means a petition for an exemption from the requirements of paragraph (2) of section 211(o) of the Clean Air Act under paragraph (9) of that section for a calendar year.

Annual Deadline for Petitions by Small Refineries for Exemptions from Renewable Fuel Requirements

(a) Deadline -- Notwithstanding any other provision of law, a petition shall be submitted to the Administrator not later than June 1 of the year preceding the year in which an exemption under the petition, if the petition were granted, would be in effect.

(b) Effect Of Failure To Meet Deadline -- If a petition described in subsection (a) is not submitted by the deadline described in that subsection, the petition shall be ineligible for consideration or approval.

Transparency -- Information in Petition Subject to Public Disclosure --

(1) In General -- Subject to paragraph (2), information submitted to the Administrator by a person, including a small refinery, in a petition -

(A) shall not be a trade secret or confidential information; and

(B) notwithstanding section 552(b) of title 5, United States Code, and any other Federal law (including regulations), shall be subject to public disclosure.

(2) Applicability -- Paragraph (1) applies only with respect to information submitted under a petition for calendar year 2021 or subsequent calendar years.

(c) Decision -- The Administrator shall, at the same time that the Administrator informs the petitioner of a decision of whether to grant the petition -

(1) make publicly available -

(A) the name of the petitioner;

(B) the name and location of the facility for which relief under the petition was requested;

(C) the time period for which relief under the petition was requested; and

(D) the extent to which the Administrator granted or denied the petition; and

(2) submit to Congress a report -

(A) describing the nature of the relief requested in the petition, including the factors identified by the petitioner to demonstrate disproportionate economic hardship under section 211(o)(9)(B)(i) of the Clean Air Act; and

(B) that includes the detailed discussion required by section 80.1441(e)(2) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), submitted by the petitioner describing the hardship the refinery would encounter in producing transportation fuel (as defined in section 211(o)(1) of the Clean Air Act that meets the requirements of section 80.1405 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).

Annual Renewable Fuel Standards --

(d) When determining the annual value of the renewable fuel standard for a calendar year under section 80.1105 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Administrator shall, for the variable GE_i referenced in that section, which is the quantity of gasoline projected to be produced by exempt small refineries and small refiners in gallons for a calendar year, use the number that is the sum of the total number of gallons waived as a result of all petitions granted by the Administrator for that calendar year.

 

SEC. 204. REFORM AND EXTENSION OF BIODIESEL TAX INCENTIVES

(a) Income Tax Credit --

(1) In General -- So much of section 40A of the Internal Revenue Code as precedes subsection (c) is amended to read as follows:

“SEC. 40A. BIODIESEL FUELS CREDIT

“(a) In General -- For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year -

“(1) is sold by the taxpayer to another person -

“(A) for use by such other person’s trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or

“(B) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or

“(2) is used by such taxpayer for any purpose described in paragraph (1).

“(b) Increased Credit For Small Producers --

“(1) In General -- In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents.

“(2) Limitation -- Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year.”.

(2) Definitions and Special Rules -- Section 40A(d) of such Code is amended by striking all that follows paragraph (1) and inserting the following:

“(2) Qualified Biodiesel Mixture; Biodiesel Mixture --

“(A) Qualified Biodiesel Mixture --

“(i) In General -- The term ‘qualified biodiesel mixture’ means a biodiesel mixture which is -

“(I) sold by the producer of such mixture to any person for use as a fuel, or

“(II) used by the producer of such mixture as a fuel.

“(ii) Sale or Use Must be in Trade or Business, Etc. -- A biodiesel mixture shall not be treated as a qualified biodiesel mixture unless the sale or use described in clause (i) is in a trade or business of the person producing the biodiesel mixture.

“(B) Biodiesel Mixture -- The term ‘biodiesel mixture’ means a mixture which consists of biodiesel and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene.

“(3) Biodiesel Not used for a Qualified Purpose -- If -

“(A) any credit was determined with respect to any biodiesel under this section, and

“(B) any person uses such biodiesel for a purpose not described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel.

“(4) Pass-Thru in the case of Estates and Trusts -- Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply.

“(5) Limitation to Biodiesel with Connection to the United States --

“(A) In General -- No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks. For purposes of this paragraph, the term ‘United States’ includes any possession of the United States.

“(B) Qualified Feedstocks -- For purposes of subparagraph (A), the term ‘qualified feedstock’ means any feedstock which is allowable for a fuel that is assigned a D code of 4 under section 80.1426(f) of title 40, Code of Federal Regulations.”.

(3) Rules for Small Biodiesel Producers --

(A) In General -- Section 40A(e) of such Code is amended -

(i) by striking “agri-biodiesel” each place it appears in paragraphs (1) and (5)(A) and inserting “biodiesel”,

(ii) by striking “subsection (b)(4)(C)” each place it appears in paragraphs (2) and (3) and inserting “subsection (b)(2)”, and

(iii) by striking “subsection (a)(3)” each place it appears in paragraphs (5)(A), (6)(A)(i), and (6)(B)(i) and inserting “subsection (b)”.

(B) The heading for subsection (e) of section 40A of such Code is amended by striking “Agri-Biodiesel” and inserting “Biodiesel”.

(C) The headings for paragraphs (1) and (6) of section 40A(e) of such Code are each amended by striking “AGRI-BIODIESEL” and inserting “BIODIESEL”.

(4) Renewable Diesel --

(A) In General -- Paragraph (3) of section 40A(f) of such Code is amended to read as follows:

“(3) Renewable Diesel Defined --

“(A) In General -- The term ‘renewable diesel’ means liquid fuel derived from biomass which -

“(i) is not a mono-alkyl ester,

“(ii) can be used in engines designed to operate on conventional diesel fuel, and

“(iii) meets the requirements for any Grade No. 1–D fuel or Grade No. 2–D fuel covered under the American Society for Testing and Materials specification D–975–13a.

“(B) Exceptions -- Such term shall not include -

“(i) any liquid with respect to which a credit may be determined under section 40,

“(ii) any fuel derived from coprocessing biomass with a feedstock which is not biomass, or

“(iii) any fuel that is not chemically equivalent to petroleum diesel fuels that can meet fuel quality specifications applicable to diesel fuel, gasoline, or aviation fuel.

“(C) Biomass -- For purposes of this paragraph, the term ‘biomass’ has the meaning given such term by section 45K(c)(3).”.

(B) Conforming Amendments -- Section 40A(f) of such Code is amended -

(i) by striking “Subsection (b)(4)” in paragraph (2) and inserting “Subsection (b)”, and

(ii) by striking paragraph (4) and inserting the following:

“(4) Certain Aviation Fuel -- Except as provided paragraph (3)(B), the term ‘renewable diesel’ shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society for Testing and Materials specification for aviation turbine fuel.”.

(5) Extension -- Subsection (g) of section 40A of such Code is amended by striking “December 31, 2016” and inserting “December 31, 2022”.

(6) Clerical Amendment -- The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 40A and inserting the following new item:

“Sec. 40A. Biodiesel fuels credit”.

(b) Excise Tax Credit --

(1) Reform -- Subsection (c) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows:

“(c) Biodiesel Production Credit --

“(1) In General -- For purposes of this section, the biodiesel production credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which -

“(A) is sold by such taxpayer to another person -

“(i) for use by such other person’s trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or

“(ii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or

“(B) is used by such taxpayer for any purpose described in subparagraph (A).

“(2) Definitions -- Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A.

“(3) Termination -- This subsection shall not apply to any sale, use, or removal after December 31, 2024.”.

(2) Producer Registration Requirement -- Subsection (a) of section 6426 of such Code is amended by striking “subsections (d) and (e)” in the flush sentence at the end and inserting “subsections (c), (d), and (e)”.

(3) Recapture --

(A) In General -- Subsection (f) of section 6426 of such Code is amended -

(i) by striking “or biodiesel” each place it appears in subparagraphs (A) and (B)(i) of paragraph (1),

(ii) by striking “or biodiesel mixture” in paragraph (1)(A), and

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

“(2) Biodiesel -- If any credit was determined under this section or paid pursuant to section 6427(e) with respect to the production of any biodiesel and any person uses such biodiesel for a purpose not described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel.”.

(B) Conforming Amendments --

(i) Paragraph (3) of section 6426(f) of such Code, as redesignated by subparagraph (A)(iii), is amended by inserting “or (2)” after “paragraph (1)”.

(ii) The heading for paragraph (1) of section 6426(f) of such Code is amended by striking “IMPOSITION OF TAX” and inserting “IN GENERAL”.

(4) Limitation -- Section 6426(i) of such Code is amended -

(A) in paragraph (2) -

(i) by striking “biodiesel or”, and

(ii) by striking “BIODIESEL AND” in the heading, and

(B) by inserting after paragraph (2) the following new paragraph:

“(3) Biodiesel -- No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks (as defined in section 40A(d)(5)(B)).”.

(5) Clerical Amendments --

(A) The heading of section 6426 of such Code is amended by striking “ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES” and inserting “ALCOHOL FUEL MIXTURES, BIODIESEL PRODUCTION, AND ALTERNATIVE FUEL MIXTURES”.

(B) The item relating to section 6426 in the table of sections for subchapter B of chapter 65 of such Code is amended by striking “alcohol fuel, biodiesel, and alternative fuel mixtures” and inserting “alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures”.

(c) Excise Payments -- Subsection (e) of section 6427 of the Internal Revenue Code of 1986 is amended -

(1) by striking “or the biodiesel mixture credit” in paragraph (1);

(2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph:

“(3) Biodiesel Production Credit -- If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c)(1), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel production credit with respect to such biodiesel.”;

(3) by striking “paragraph (1) or (2)” each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting “paragraph (1), (2), or (3)”;

(4) by striking “alternative fuel” each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting “fuel”; and

(5) in paragraph (7)(B), as redesignated by paragraph (2) -

(A) by striking “biodiesel mixture (as defined in section 6426(c)(3))” and inserting “biodiesel (within the meaning of section 40A)”; and

(B) by striking “December 31, 2016” and inserting “December 31, 2024”.

(d) Guidance -- Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall issue preliminary guidance with respect to the amendments made by this section.

(e) Effective Date -- The amendments made by this section shall apply to fuel sold or used after December 31, 2016.

(f) Special Rule For 2018 -- Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for period beginning after December 31, 2016, and ending before the date of the enactment of this Act, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one- time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.

 

SEC. 205. EXPANDED LENDING PRACTICES IN RURAL COMMUNITIES

(a) Designation of Rural Area --

(1) Application -- Not later than 90 days after the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall establish an application process under which a person who lives or does business in a State may, with respect to an area identified by the person in such State that has not been designated by the Bureau as a rural area for purposes of a Federal consumer financial law (as defined under section 1002 of the Consumer Financial Protection Act of 2010), apply for such area to be so designated.

(2) Evaluation Criteria -- When evaluating an application submitted under subsection (a), the Bureau shall take into consideration the following factors:

(A) Criteria used by the Director of the Bureau of the Census for classifying geographical areas as rural or urban.

(B) Criteria used by the Director of the Office of Management and Budget to designate counties as metropolitan or micropolitan or neither.

(C) Criteria used by the Secretary of Agriculture to determine property eligibility for rural development programs.

(D) The Department of Agriculture rural-urban commuting area codes.

(E) A written opinion provided by the State’s bank supervisor, as defined under section 3(r) of the Federal Deposit Insurance Act.

(F) Population density.

(3) Public Comment Period --

(A) In General -- Not later than 60 days after receiving an application submitted under subsection (a)(1), the Bureau shall -

(i) publish such application in the Federal Register; and

(ii) make such application available for public comment for not fewer than 90 days.

(B) Limitation on Additional Applications -- Nothing in this section shall be construed to require the Bureau, during the public comment period with respect to an application submitted under subsection (a)(1), to accept an additional application with respect to the area that is the subject of the initial application.

(4) Decision On Designation -- Not later than 90 days after the end of the public comment period under subsection (a)(2)(A) for an application, the Bureau shall -

(A) grant or deny such application, in whole or in part; and

(B) publish such grant or denial in the Federal Register, along with an explanation of what factors the Bureau relied on in making such determination.

(5) Subsequent Applications -- A decision by the Bureau under subsection (a)(3) to deny an application for an area to be designated as a rural area shall not preclude the Bureau from accepting a subsequent application submitted under subsection (a)(1) for such area to be so designated, so long as such subsequent application is made after the end of the 90-day period beginning on the date that the Bureau denies the application under subsection (a)(3).

(6) Sunset -- This section shall cease to have any force or effect after the end of the 2-year period beginning on the date of the enactment of this Act.

 

SEC. 206. AGRICULTURE EDUCATION FREEDOM

(a) In General - Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section:

"SEC. 139B. PROCEEDS OF SALE OF ANIMALS RAISED AND SOLD AS PART OF EDUCATIONAL PROGRAMS

"In the case of an individual, gross income shall not include any gain from the sale of any animal which is raised and sold by such individual as part of such individual's participation in --

"(1) the 4-H program under the Cooperative State Research, Education, and Extension Service of the Department of Agriculture

"(2) the Future Farmers of America (FFA)

"(3) any program of an organization described in section 501(c) and exempt from tax under section 501(a) which is similar to such 4-H program or the Future Farmers of America, or

"(4) any program of an educational organization described in section 170(b)(1)(A)(ii)."

 

 

 

TITLE III - AGRICULTURE PROTECTION

 

 

SEC. 301. EXEMPTIONS FROM CERTAIN NOTICE REQUIREMENTS AND PENALTIES

(a) Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 is amended by striking subsection (e) and inserting the following:

“(e) Applicability To Registered Pesticide Products And Air Emissions From Animal Waste At Farms --

“(1) In General -- This section shall not apply to -

“(A) the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act or the handling and storage of such a pesticide product by an agricultural producer; or

“(B) air emissions from animal waste (including decomposing animal waste) at a farm.

“(2) Definitions -- In this subsection:

“(A) Animal Waste --

“(i) In General -- The term ‘animal waste’ means feces, urine, or other excrement, digestive emission, urea, or similar substances emitted by animals (including any form of livestock, poultry, or fish).

“(ii) Inclusions -- The term ‘animal waste’ includes animal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically found with such waste.

“(B) Farm -- The term ‘farm’ means a site or area (including associated structures) that -

“(i) is used for -

“(I) the production of a crop; or

“(II) the raising or selling of animals (including any form of livestock, poultry, or fish); and

“(ii) under normal conditions, produces during a farm year any agricultural products with a total value equal to not less than $1,000.”.

(b) Application -- Nothing in this Act or an amendment made by this Act affects, or supersedes or modifies the responsibility or authority of any Federal official or employee to comply with or enforce, any requirement under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, other than the hazardous substance notification requirements under section 103 of that Act with respect to air emissions from animal waste at farms.

 

SEC. 302. ETHANOL WAIVER

(a) Reid Vapor Pressure Limitation -- Section 211(h) of the Clean Air Act is amended -

(1) in paragraph (4) -

(A) in the matter preceding subparagraph (A), by inserting “or more” after “10 percent”; and

(B) in subparagraph (C), by striking “additional alcohol or”; and

(2) in paragraph (5)(A), by inserting “or more” after “10 percent”.

(b) Existing Waivers -- Section 211(f)(4) of the Clean Air Act is amended -

(1) by striking “The Administrator, upon” and inserting the following:

“(A) The Administrator, upon”; and

(2) by adding at the end the following:

“(B) A fuel or fuel additive that has been granted a waiver under subparagraph (A) prior to January 1, 2018, and meets all of the conditions of that waiver, other than the waiver’s limits for Reid Vapor Pressure, may be introduced into commerce if the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements.”.

 

SEC. 303. FARM TO SCHOOL PROGRAM MODERNIZATION

(a) In General -- Section 18(g) of the Richard B. Russell National School Lunch Act is amended -

(1) in paragraph (1) -

(A) by striking the paragraph designation and heading and all that follows through “In this subsection, the” and inserting the following:

“(1) Definitions -- In this subsection:

“(A) Agricultural Producer -- The term ‘agricultural producer’ means a farmer, rancher, or fisher (including of farm-raised fish).

“(B) Eligible School -- The”; and

(B) in subparagraph (B) (as so redesignated), by inserting “, including the summer food service program for children under section 13 and the early care and afterschool portions of the child and adult care food program under section 17,” after “under this Act”;

(2) in paragraph (2), by striking “and nonprofit entities through grants and technical assistance” and inserting “land-grant colleges and universities, and nonprofit entities through grants, technical assistance, and research”;

(3) in paragraph (3) -

(A) in subparagraph (A) -

(i) in clause (i), by inserting “and technical assistance” after “training”;

(ii) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and

(iii) by inserting after clause (v) the following:

“(vi) implementing agricultural literacy and nutrition education;”; and

(B) by striking subparagraph (C) and inserting the following:

“(C) Improved Procurement and Distribution -- 

“(i) In General -- In awarding grants under this subsection, the Secretary shall seek to improve local food procurement and distribution options for agricultural producers and eligible schools.

“(ii) Aggregation, Processing, Transportation, and Distribution -- In advancing local food procurement options and other farm to school objectives, the Secretary may provide funding for projects that include innovative approaches to aggregation, processing, transportation, and distribution.

“(D) Awards --

“(i) Maximum Amount -- The total amount provided to a grant recipient under this subsection shall not exceed $200,000.

“(ii) Term -- The term of an award shall not exceed 3 years.

“(iii) Purpose and Scope -- In making awards under this subsection, the Secretary shall seek to make awards of diverse amounts and duration in order to best match the award to the purpose and scope of the project to be funded.

“(E) Limitation -- The Secretary may not award a grant under this subsection if the grant funds would be used solely for the purpose of carrying out a conference.”;

(4) in paragraph (5) -

(A) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and indenting the clauses appropriately;

(B) in clause (ii) (as so redesignated), by striking “lunches” and inserting “meals”;

(C) in the matter preceding clause (i) (as so redesignated), by striking “To the maximum extent practicable” and inserting the following:

“(A) In General -- To the maximum extent practicable”;

(D) in clause (vi) (as so redesignated), by striking “and” at the end;

(E) by redesignating clause (vii) (as so redesignated) as clause (viii);

(F) by inserting after clause (vi) (as so redesignated) the following:

“(vii) expand the selection of local commodities for eligible schools; and”; and

(G) by adding at the end the following:

“(B) Tribal Community Projects -- In the case of projects serving tribal communities, the Secretary shall, to the maximum extent practicable, give highest priority to projects that best use products from tribal agricultural producers, as determined by the Secretary.”;

(5) in paragraph (7) -

(A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;

(B) by striking the paragraph designation and heading and all that follows through “nonprofit entities—” and inserting the following:

“(7) Technical Assistance and Research --

“(A) In General -- The Secretary shall provide technical assistance, research, and information to assist eligible schools, State and local agencies, Indian tribal organizations, agricultural producers or agricultural producer groups, and nonprofit entities—”;

(C) in subparagraph (A) (as so designated) -

(i) in clause (ii) (as so redesignated), by striking “and” at the end;

(ii) in clause (iii) (as so redesignated), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(iv) to increase awareness of, and participation in, farm to school programs among agricultural and aquaculture producers or agricultural producer groups, including beginning, veteran, and socially disadvantaged farmers and ranchers.”; and

(D) by adding at the end the following:

“(B) Review --

“(i) In General -- Not later than 1 year after the date of enactment of this section and every 3 years thereafter, the Secretary shall review and submit to the Committee on Agriculture and the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the progress that has been made in identifying and eliminating regulatory and other barriers related to developing farm to school programs.

“(ii) Requirements -- In preparing the report, the Secretary shall examine -

“(I) the direct and indirect regulatory compliance costs affecting the production and marketing of locally or regionally produced agricultural food products to school food programs; and

“(II) barriers to local and regional market access for small-scale production.”;

(6) in paragraph (8) -

(A) in subparagraph (A), by striking “$5,000,000” and inserting “$15,000,000”; and

(B) by adding at the end the following:

“(C) Administration -- Of the funds provided to the Secretary under subparagraph (A), not more than 5 percent may be used to pay administrative costs incurred by the Secretary in carrying out this subsection.”; and

(7) in paragraph (9), by striking “2011 through 2015” and inserting “2018 through 2025”.

 

SEC. 304. MODIFICATION OF JURISDICTION OF THE TOXIC SUBSTANCES CONTROL ACT

(a) In General -- Section 3(2)(B) of the Toxic Substances Control Act is amended -

(1) in clause (v), by striking “, and” and inserting “, or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers,”;

(2) in clause (vi) by striking the period at the end and inserting “, and”; and

(3) by inserting after clause (vi) the following:

“(vii) any sport fishing equipment (as such term is defined in section 4162(a) of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components.”.

 

SEC. 305. CROP PRODUCTION ON NATIVE SOD

(a) Federal Crop Insurance -- Section 508(o) of the Federal Crop Insurance Act is amended -

(1) in paragraph (2), by striking subparagraph (A) and inserting the following:

“(A) In General --

“(i) Agricultural Act of 2014 -- Native sod acreage that has been tilled for the production of an insurable crop during the period beginning on February 8, 2014, and ending on the date of enactment of the Ag Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.

“(ii) Ag Act --

“(I) Non-Hay and Non-Forage Crops -- As determined by the Secretary, native sod acreage that has been tilled for the production of an insurable crop other than a hay or forage crop after the date of enactment of the Ag Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.

“(II) Hay and Forage Crops -- During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an insurable hay or forage crop after the date of enactment of the Ag Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.”; and

(2) by striking paragraph (3) and inserting the following:

“(3) Native Sod Conversion Certification --

“(A) Certification -- As a condition on the receipt of benefits under this subtitle, a producer that has tilled native sod acreage for the production of an insurable crop as described in paragraph (2)(A) shall certify to the Secretary that acreage using -

“(i) an acreage report form of the Farm Service Agency (FSA–578 or any successor form); and

“(ii) one or more maps.

“(B) Corrections -- Beginning on the date on which a producer submits a certification under subparagraph (A), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that subparagraph, the producer shall submit to the Secretary any appropriate corrections to a form or map described in clause (i) or (ii) of that subparagraph.

“(C) Annual Reports -- Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under subparagraph (A) in each county and State as of the date of submission of the report.”.

(b) Noninsured Crop Disaster Assistance -- Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 is amended -

(1) in subparagraph (B), by striking clause (i) and inserting the following:

“(i) In General --

“(I) Agricultural Act of 2014 -- As determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop during the period beginning on February 8, 2014, and ending on the date of enactment of the Ag Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.

“(II) Ag Act --

“(aa) Non-Hay and Non-Forage Crops -- During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop other than a hay or forage crop after the date of enactment of the Ag Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.

“(bb) Hay and Forage Crops -- During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a hay or forage crop after the date of enactment of the Ag Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.”; and

(2) by striking subparagraph (C) and inserting the following:

“(C) Native Sod Conversion Certification --

“(i) Certification -- As a condition on the receipt of benefits under this section, a producer that has tilled native sod acreage for the production of an insurable crop as described in subparagraph (B)(i) shall certify to the Secretary that acreage using -

“(I) an acreage report form of the Farm Service Agency (FSA–578 or any successor form); and

“(II) one or more maps.

“(ii) Corrections -- Beginning on the date on which a producer submits a certification under clause (i), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that clause, the producer shall submit to the Secretary any appropriate corrections to a form or map described in subclause (I) or (II) of that clause.

“(iii) Annual Reports -- Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under clause (i) in each county and State as of the date of submission of the report.”.

(c) Cropland Report Annual Updates -- Section 11014(c)(2) of the Agricultural Act of 2014 is amended in the matter preceding subparagraph (A) by striking “2018” and inserting “2023”.

 

SEC. 306. RURAL BROADBAND ACCESS

(a) In General -- Title VI of the Rural Electrification Act of 1936 is amended by adding at the end the following:

“SEC. 604. USE OF ASSISTANCE FOR DEPLOYMENT OF BROADBAND INFRASTRUCTURE

“(a) Definition Of Qualifying Broadband-Capable Infrastructure -- In this section, the term ‘qualifying broadband-capable infrastructure’ means fixed broadband-capable infrastructure -

“(1) used by a service provider to provide fixed broadband service for which the service provider receives universal service support under section 254 of the Communications Act of 1934, if -

“(A) the broadband service satisfies any applicable broadband speed standards under that section and the regulations issued under that section; or

“(B) the service provider is in compliance with buildout obligations to provide retail fixed broadband service that will comply with applicable broadband speed standards described in subparagraph (A); or

“(2) that -

“(A) was financed with funds provided by the Secretary under this Act or any other program carried out by the Secretary for the costs of the construction, improvement, or acquisition of facilities or equipment for the purpose of providing fixed telecommunications or broadband service; and

“(B) (i) is used to provide fixed broadband service, if -

“(I) the broadband service satisfies any applicable broadband speed standards established by the Secretary; or

“(II) the service provider is in compliance with buildout obligations to provide retail fixed broadband service that will comply with applicable broadband speed standards described in subclause (I); or

“(ii) was financed with a loan under this Act or any other program carried out by the Secretary that remains outstanding.

“(b) Restriction On Use Of Assistance -- A loan, grant, or other assistance awarded under this Act, or by the rural development mission area under the Consolidated Farm and Rural Development Act, may not be used to coordinate, approve, or finance the deployment of broadband-capable infrastructure by a service provider to provide retail fixed broadband service that would overbuild or otherwise duplicate qualifying broadband-capable infrastructure that another service provider is using to provide retail fixed broadband service in the same area.

“(c) Use Of Assistance In Unserved Areas -- A loan, grant, or other assistance provided by the Secretary, acting through the Administrator of the Rural Utilities Service, to coordinate, approve, or finance the deployment of broadband-capable infrastructure by a service provider may be used to provide retail fixed broadband service in an area in which there is no qualifying broadband-capable infrastructure owned or operated by another service provider.”.

 

 

 

TITLE IV -- PUBLIC POWER RISK MANAGEMENT

 

 

SEC. 401. TRANSACTIONS WITH UTILITY SPECIAL ENTITIES

(a) In General -- Section 1a(49) of the Commodity Exchange Act is amended by adding at the end the following:

“(E) CERTAIN TRANSACTIONS WITH A UTILITY SPECIAL ENTITY --

“(i) Transactions in utility operations-related swaps shall be reported pursuant to section 4r.

“(ii) In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C).”.

 

SEC. 402. UTILITY SPECIAL ENTITY DEFINED

(a) In General -- Section 4s(h)(2) of the Commodity Exchange Act is amended by adding at the end the following:

“(D) UTILITY SPECIAL ENTITY -- For purposes of this Act, the term ‘utility special entity’ means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that -

“(i) owns or operates an electric or natural gas facility or an electric or natural gas operation;

“(ii) supplies natural gas and or electric energy to another utility special entity;

“(iii) has public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers; or

“(iv) is a Federal power marketing agency, as defined in section 3 of the Federal Power Act.”.

 

SEC. 403. UTILITY OPERATIONS-RELATED SWAP

(a) Swap Further Defined -- Section 1a(47)(A)(iii) of the Commodity Exchange Act is amended -

(1) by striking “and” at the end of subclause (XXI);

(2) by adding “and” at the end of subclause (XXII); and

(3) by adding at the end the following:

“(XXIII) a utility operations-related swap;”.

(b) Utility Operations-Related Swap Defined -- Section 1a of such Act is amended by adding at the end the following:

“(52) UTILITY OPERATIONS-RELATED SWAP -- The term ‘utility operations-related swap’ means a swap that -

“(A) is entered into to hedge or mitigate a commercial risk;

“(B) is not a contract, agreement, or transaction based on, derived on, or referencing -

“(i) an interest rate, credit, equity, or currency asset class; or

“(ii) a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation; and

“(C) is associated with -

“(i) the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers;

“(ii) all fuel supply for the facilities or operations of a utility;

“(iii) compliance with an electric system reliability obligation;

“(iv) compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility; or

“(v) any other electric energy or natural gas swap to which a utility is a party.”.

 

 

 

TITLE V - MISCELLANEOUS

 

 

SEC. 501. HONORING HOMETOWN HEROS

(a) Amendment -- The sixth sentence of section 7(m) of title 4, United States Code, is amended -

(1) by striking “or” after “possession of the United States” and inserting a comma;

(2) by inserting “or the death of a first responder working in any State, territory, or possession who dies while serving in the line of duty,” after “while serving on active duty,”;

(3) by striking “and” after “former officials of the District of Columbia” and inserting a comma; and

(4) by inserting before the period the following: “, and first responders working in the District of Columbia”.

(b) First Responder Defined -- Such subsection is further amended -

(1) in paragraph (2), by striking “, United States Code; and” and inserting a semicolon;

(2) in paragraph (3), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new paragraph:

“(4) the term ‘first responder’ means a ‘public safety officer’ as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968.”.

(c) Effective Date -- The amendments made by this section shall apply with respect to deaths of first responders occurring on or after the date of the enactment of this Act.

 

SEC. 502. WILDFIRE DISASTER FUNDING AUTHORITY

(a) Disaster Funding -- Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended -

(1) in clause (i) -

(A) in the matter preceding subclause (I), by striking “the total of—” and inserting “an amount equal to the difference between -”;

(B) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting the items appropriately;

(C) by inserting before item (aa) (as so redesignated) the following:

“(I) the sum obtained by adding -”;

(D) in item (bb) of subclause (I) (as so redesignated) -

(i) by striking “subclause (I)” and inserting “item (aa)”; and

(ii) by striking the period at the end and inserting “; and”; and

(E) by adding at the end the following:

“(II) the additional new budget authority provided in an appropriations Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.”; and

(2) by adding at the end the following:

“(v) Beginning in fiscal year 2018 and for each fiscal year thereafter, the calculation of the ‘average funding provided for disaster relief over the previous 10 years’ shall include, for each fiscal year during that period, the additional new budget authority provided in an appropriations Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.”.

(b) Wildfire Suppression -- Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following:

“(E) Wildfire Suppression --

“(i) Definitions -- In this subparagraph:

“(I) Additional New Budget Authority -- The term ‘additional new budget authority’ means the amount provided for a fiscal year in an appropriations Act that is -

“(aa) in excess of the 10-year average of the costs for wildfire suppression operations, as calculated for fiscal year 2015; and

“(bb) specified to pay for the costs of wildfire suppression operations.

“(II) Wildfire Suppression Operations -- The term ‘wildfire suppression operations’ means the emergency and unpredictable aspects of wildland firefighting including -

“(aa) support, response, and emergency stabilization activities;

“(bb) other emergency management activities; and

“(cc) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.

“(ii) Additional New Budget Authority -- If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed -

“(I) for fiscal year 2018, $1,410,000,000 in additional new budget authority;

“(II) for fiscal year 2019, $1,460,000,000 in additional new budget authority;

“(III) for fiscal year 2020, $1,560,000,000 in additional new budget authority;

“(IV) for fiscal year 2021, $1,780,000,000 in additional new budget authority;

“(V) for fiscal year 2022, $2,030,000,000 in additional new budget authority;

“(VI) for fiscal year 2023, $2,320,000,000 in additional new budget authority;

“(VII) for fiscal year 2024, $2,650,000,000 in additional new budget authority;

“(VIII) for fiscal year 2025, $2,690,000,000 in additional new budget authority;

“(IX) for fiscal year 2026, $2,690,000,000 in additional new budget authority; and

“(X) for fiscal year 2027, $2,690,000,000 in additional new budget authority.

“(iii) Average Cost and Outyear Calculations -- The 10-year average of the costs for wildfire suppression operations and the outyear forecasts of the costs for wildfire suppression operations shall be -

“(I) calculated annually; and

“(II) reported in the budget of the President submitted under section 1105(a) of title 31, United States Code, for each fiscal year.”.

(c) Reporting Requirements -- If the Secretary of the Interior or the Secretary of Agriculture determines that supplemental appropriations are necessary for a fiscal year for wildfire suppression operations (as defined in subparagraph (E)(i) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2))), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall -

(1) promptly submit to Congress a request for the supplemental appropriations; and

(2) not later than 30 days after the date on which the supplemental appropriations are made available, submit to Congress a plan describing the manner in which the Secretary of the Interior or the Secretary of Agriculture, as applicable, intends to obligate the supplemental appropriations.

 

 

SEC. 3. ENACTMENT

Unless otherwise stated in the provisions of this Act, the provisions of this Act shall be enacted upon its Constitutional Passage.

 

SEC. 4. PLAIN ENGLISH SUMMARY

Ag Act -- (Sec. 101) Authorizes the Department of Agriculture to provide loans and grants to assist in the establishment of agricultural association health plans to help bring new health options and lower priced health care coverage to rural Americans.

 

(Sec. 102) This section makes a series of changes to criteria, requirements, and payments for rural health clinics under Medicare. Among other things, the section (1) allows rural health clinics that are not directed by physicians to enter into arrangements with physician assistants or nurse practitioners that generally comply with state laws (regarding scope of practice), rather than other specific requirements; (2) allows rural health clinics to serve as the distant site for purposes of telehealth services; and (3) beginning in 2019, increases the maximum payment rate per visit for rural health clinics.

 

(Sec. 103) Repeals the 96-hour physician-certification requirement for inpatient critical access hospital services under Medicare. Under current law, as a condition for Medicare payment for such services, a physician must certify that a patient may reasonably be expected to be discharged or transferred to a hospital within 96 hours after admission to the critical access hospital.

 

(Sec. 104) Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) increase the maximum contribution limits for HSAs to match the sum of the annual deductible and out-of-pocket expenses permitted under a high deductible health plan, (2) allow individuals who receive primary care services in exchange for a fixed periodic fee or payment to participate in an HSA, and (3) permit HSAs to be used for fitness center memberships. Also allows a medical care tax deduction for periodic provider fees, including: (1) periodic fees paid to a primary care physician for a defined set of medical services or the right to receive medical services on an as-needed basis; and (2) pre-paid primary care services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness.

 

(Sec. 105) Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage and payment with respect to certain pharmacist services that: (1) are furnished by a pharmacist in a health-professional shortage area, and (2) would otherwise be covered under Medicare if furnished by a physician.

 

(Sec. 106) Permanently extends the Medicare-Dependent Hospital program (which provides increased payments to certain smaller, rural hospitals that serve a proportionally high number of Medicare patients) and the program for increased payments under Medicare for low-volume hospitals.

 

(Sec. 201) Directs the Department of Agriculture to enter into an interagency agreement with the Small Business Administration to carry out the day-to-day management and operation of the Rural Business Investment Program. It also provides funding for the program.

 

(Sec. 202) Modifies exemptions with respect to commercial motor vehicle safety regulations involving the transportation of agricultural commodities and farm supplies. Allows the federal hours-of-service rules exemption regarding maximum driving and on-duty time for drivers transporting agricultural commodities and farm supplies to apply year-round. Current law provides an exception from the federal hours-of-service rules for the transportation of agricultural commodities within a 150 air-mile radius of the normal work reporting location only during planting and harvest periods which are determined by each state. The Department of Transportation must revise the definition of agricultural commodity to include specific commodities that are covered by the federal hours-of-service rules exception.

 

(Sec. 203) Revises requirements for exemptions given to small refineries of crude oil under the renewable fuel program, which requires transportation fuel to contain a minimum volume of renewable fuel.

 

(Sec. 204) Amends the Internal Revenue Code to modify and extend: (1) the income tax credit for biodiesel and renewable diesel used as fuel, and (2) the excise tax credit for biodiesel fuel mixtures. The section: (1) makes the credits available to domestic producers of the fuels rather than the policy under current law of providing a mixture credit to the blender of the fuel, (2) increases the income tax credit for certain small biodiesel producers, and (3) extends the credits through 2022.

 

(Sec. 205) Directs the Consumer Financial Protection Bureau (CFPB) to establish an application process under which a person who lives or does business in a state may apply to have an area in the state identified as a rural area if it has not yet been so designated by the CFPB for purposes of federal consumer financial law. Prescribes criteria for the CFPB to consider when evaluating the application. Requires the CFPB to: (1) grant or deny the application within 90 days after the public comment period ends; and (3) publish the grant or denial in the Federal Register, including an explanation of the factors upon which the CFPB relied in making its determination. Sunsets this Act two years after its date of enactment.

 

(Sec. 206) Amends the Internal Revenue Code to exclude from the gross income of an individual any gain from the sale of any animal raised and sold by such individual as part of his or her participation in the 4-H program under the Cooperative State Research, Education, and Extension Service of the Department of Agriculture, the Future Farmers of America (FFA), any tax-exempt similar organization, or any program of a tax-exempt educational organization.

 

(Sec. 301) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exempt air emissions from animal waste at a farm from specified release notification requirements, recordkeeping requirements, and associated penalties.

 

(Sec. 302) Amends the Clean Air Act to address the limitations on Reid vapor pressure (a measure of gasoline's volatility) that are placed on gasoline during the summer ozone season. Applies the Reid vapor pressure requirements that are applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with more than 10% ethanol. Thus, the waiver given to E10 gasoline, which allows an increase in the Reid Vapor Pressure volatility, is extended to gasoline blended with more than 10% ethanol.

 

(Sec. 303) Amends the Richard B. Russell National School Lunch Act to reauthorize the Department of Agriculture's (USDA's) Farm to School Program through FY2025 and modify the program. The program currently provides grants and technical assistance to schools, state and local agencies, Indian tribal organizations, agricultural producers, and nonprofit entities to improve access to local foods in schools. The section makes schools participating in the Summer Food Service Program for children, the early care and afterschool portions of the Child and Adult Care Food Program, and the School Breakfast Program eligible to participate in the program. It also permits USDA to provide land-grant colleges and universities with grants, research, and technical assistance under the program. The purposes for grants awarded under the program are expanded to include agricultural literacy and nutrition education. The section requires USDA to provide technical assistance, research, and information to increase awareness of and participation in farm to school programs among agricultural producers. In awarding grants, USDA must seek to improve local food procurement and distribution options for agricultural producers and eligible schools. USDA is permitted to fund projects that include innovative approaches to aggregation, processing, transportation, and distribution. The section establishes new limitations on the amount and duration of grants. The section also establishes reporting requirements and limits funds that may be used for administrative costs.

 

(Sec. 304) Exempts components of firearms and ammunition and sport fishing equipment and its components (such as lead sinkers) from regulations on chemical substances under the Toxic Substances Control Act.

 

(Sec. 305) Amends the Federal Crop Insurance Act and the Federal Agriculture Improvement and Reform Act of 1996 to modify provisions, known as sodsaver provisions, that reduce benefits under the Department of Agriculture (USDA) crop insurance and noninsured crop disaster assistance programs for farmers who plant crops on native sod. Amends the Agriculture Act of 2014 to extend the requirement for USDA to submit annual reports to Congress regarding cropland acreage.

 

(Sec. 306) Amends the Rural Electrification Act of 1936 to allow financial assistance provided by the Rural Utilities Service for the deployment of broadband-capable infrastructure by a service provider to be used to provide retail fixed broadband service in an area where there is no qualifying broadband-capable infrastructure owned or operated by another service provider. The term "qualifying broadband-capable infrastructure" means fixed broadband-capable infrastructure: (1) used by a service provider to provide fixed broadband service for which the provider receives universal service support funds, and (2) was financed with funds from the Department of Agriculture.

 

(Sec. 401-403) Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. (Thus exempts an entity entering into a utility operations-related swap with a utility special entity from mandatory registration as a swap dealer.). Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines "utility special entity" as a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation; (2) supplies natural gas or electric energy to another utility special entity; (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers; or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines "utility operations-related swap" as one that: (1) is entered into to hedge or mitigate commercial risk; (2) is associated with specified transactions in electric energy or natural gas; and (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class; or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation.

 

(Sec. 501) Authorizes the Governor of a state, territory, or possession of the United States or the Mayor of the District of Columbia to proclaim that the U.S. flag shall be flown at half-staff in the event of the death of a first responder working in such jurisdiction who dies while serving in the line of duty.

 

(Sec. 502) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require specified adjustments to discretionary spending limits in FY2018-FY2027 to accommodate appropriations for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture (USDA) or the Department of the Interior. If USDA or Interior determines that supplemental appropriations are necessary for wildfire suppression operations, the section requires the relevant department to submit to Congress a request for the funding and a plan for obligating the funds. The section also requires the President's budget to include the average costs for wildfire suppression over the previous 10 years.