H.R. 575

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 575 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 575

To amend the Food Security Act of 1985 to modify the delivery of 
technical assistance, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 21, 2025

Mr. Baird (for himself, Mr. Sorensen, Mr. Vasquez, Mr. Bost, Mr. Steil, 
Ms. Pettersen, Ms. Tokuda, Mr. Finstad, Mr. LaHood, Mr. Flood, Mr. 
Johnson of South Dakota, Mr. Yakym, Mr. Davis of North Carolina, Ms. 
Lee of Nevada, Mr. Scott Franklin of Florida, Ms. Hoyle of Oregon, Mr. 
Feenstra, Ms. Budzinski, Mr. Bacon, Ms. Salinas, Ms. Schrier, and Mr. 
Pocan) introduced the following bill; which was referred to the 
Committee on Agriculture

_______________________________________________________________________

A BILL

To amend the Food Security Act of 1985 to modify the delivery of 
technical assistance, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Increased TSP Access Act of 2025''.

SEC. 2. DELIVERY OF TECHNICAL ASSISTANCE.

Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is 
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph 
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Non-federal certifying entity.--The term `non-Federal 
certifying entity' means a non-Federal entity or State agency 
described in subparagraph (A) or (B), respectively, of 
subsection (e)(4).'';
(2) in subsection (b), by striking ``science-based, site-
specific practices designed'' and inserting ``timely, science-
based, and site-specific practice design and implementation 
assistance'';
(3) in subsection (d), by inserting ``(including private 
sector entities)'' after ``non-Federal entities'';
(4) in subsection (e)--
(A) in paragraph (2), by striking ``Food, 
Conservation, and Energy Act of 2008'' and inserting 
``Increased TSP Access Act of 2025'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking 
``ensure'' and all that follows through 
``engineering,'' and inserting ``ensure that 
third-party providers with expertise in the 
technical aspects of conservation planning, 
watershed planning, environmental engineering, 
conservation practice design, implementation, 
and evaluation, or other technical skills, as 
determined by the Secretary,''; and
(ii) in subparagraph (C), by inserting ``by 
the Secretary'' after ``established''; and
(C) by striking paragraphs (4) and (5) and 
inserting the following:
``(4) Certification.--The Secretary shall certify a third-
party provider through--
``(A) a certification process administered by the 
Secretary, acting through the Chief of the Natural 
Resources Conservation Service;
``(B) a non-Federal entity (other than a State 
agency) approved by the Secretary to perform the 
certification; or
``(C) a State agency with statutory authority to 
certify, administer, or license professionals in one or 
more fields of natural resources, agriculture, or 
engineering approved by the Secretary to perform the 
certification.
``(5) Timely decisions.--Not later than 10 business days 
after the date on which the Secretary receives a notification 
submitted by a non-Federal certifying entity that the non-
Federal certifying entity has certified a third-party provider, 
the Secretary shall--
``(A) review the certification; and
``(B) if the certification is satisfactory to the 
Secretary, include the name of the third-party provider 
on the registry of certified third-party providers 
maintained by the Secretary.
``(6) Non-federal certifying entity process.--
``(A) Establishment.--Not later than 180 days after 
the date of enactment of the Increased TSP Access Act 
of 2025, the Secretary shall establish a process for 
the certification of third-party providers by non-
Federal certifying entities, with the goal of 
increasing third-party provider capacity, including the 
certification of qualified agricultural retailers, 
cooperatives, professional societies, service 
providers, and organizations described in section 
1265A(3)(B)(i).
``(B) Eligibility of non-federal certifying 
entities.--In determining the eligibility of a non-
Federal certifying entity under subparagraph (A), the 
Secretary shall consider--
``(i) the ability of the non-Federal 
certifying entity to assess qualifications of a 
third-party provider and certify third-party 
providers at scale;
``(ii) the experience of the non-Federal 
certifying entity in working with third-party 
providers and eligible participants;
``(iii) the expertise of the non-Federal 
certifying entity in the technical and science-
based aspects of conservation delivery 
described in paragraph (3)(A);
``(iv) the history of the non-Federal 
certifying entity in working with agricultural 
producers; and
``(v) such other qualifications as the 
Secretary determines to be appropriate.
``(C) Approval.--Not later than 40 business days 
after the date on which the Secretary receives an 
application submitted by a non-Federal certifying 
entity to certify third-party providers under this 
section, the Secretary shall make a decision on whether 
to approve the non-Federal certifying entity to certify 
third-party providers.
``(D) Duties of non-federal certifying entities.--A 
non-Federal certifying entity approved by the Secretary 
to certify third-party providers shall--
``(i) assess the ability of a third-party 
provider to appropriately provide technical 
assistance to eligible participants;
``(ii) provide training to ensure that a 
third-party provider certified by the non-
Federal certifying entity is qualified to 
provide that technical assistance;
``(iii) submit to the Secretary a timely 
notice of--
``(I) each third-party provider 
certified by the non-Federal certifying 
entity, for inclusion on the registry 
of certified third-party providers 
maintained by the Secretary; and
``(II) each third-party provider 
the certification of which is withdrawn 
by the non-Federal certifying entity.
``(7) Streamlined certification.--Not later than 180 days 
after the date of enactment of the Increased TSP Access Act of 
2025, the Secretary shall provide a streamlined certification 
process for a third-party provider that has an appropriate 
specialty certification, including a certified crop advisor 
certified by the American Society of Agronomy, a professional 
engineer, or a holder of a technical certification approved by 
the Secretary.''; and
(5) in subsection (f)--
(A) in paragraph (2), in the matter preceding 
subparagraph (A), by inserting ``or a non-Federal 
certifying entity'' after ``third-party provider'';
(B) by striking paragraph (3) and inserting the 
following:
``(3) Review.--Not later than 1 year after the date of 
enactment of the Increased TSP Access Act of 2025, and 
additionally thereafter at the discretion of the Secretary, the 
Secretary shall--
``(A) review certification requirements for third-
party providers;
``(B) make any adjustments considered necessary by 
the Secretary to improve participation and the quality 
and effectiveness of conservation practices implemented 
and adopted with support from technical service 
providers;
``(C) conduct outreach to and receive input from 
third-party providers, both that currently participate 
in the program under this section and those that no 
longer participate in the program, and entities, 
organizations, and associations providing or supporting 
consultative services to agriculture, livestock, and 
forest producers to assess barriers and opportunities 
for the use of third-party provider assistance for 
improved conservation program delivery; and
``(D) set a target utilization rate for third-party 
providers.'';
(C) in paragraph (4)(A)(i), by inserting 
``maintenance,'' after ``outreach,''; and
(D) by striking paragraph (5) and inserting the 
following:
``(5) Payment amounts.--
``(A) In general.--The Secretary shall establish 
fair and reasonable amounts of payments for technical 
services provided by third-party providers at rates 
equivalent to, but that do not exceed, technical 
assistance provided by the Secretary.
``(B) Considerations.--In determining fair and 
reasonable payment amounts under subparagraph (A), the 
Secretary shall consider specialized equipment, 
frequency of site visits, training, travel and 
transportation, and such other factors as the Secretary 
determines to be appropriate.
``(C) Exclusion.--A payment provided under another 
Federal program directly to an eligible participant for 
technical assistance provided by a third-party provider 
certified under this section shall be--
``(i) excluded from cost-sharing 
requirements under the program under which the 
payment was provided; and
``(ii) equal to not more than 100 percent 
of the fair and reasonable payment amount for 
the applicable technical assistance determined 
under subparagraph (B).
``(6) Transparency.--Not later than 1 year after the date 
of enactment of the Increased TSP Access Act of 2025, the 
Secretary shall provide accessible public information on--
``(A) funds obligated to third-party providers 
through--
``(i) contracts entered into between 
eligible participants and individual third-
party providers; and
``(ii) agreements with public and private 
sector entities to secure third-party technical 
assistance;
``(B) certification results, including--
``(i) the number of third-party providers 
certified by the Secretary;
``(ii) the number of non-Federal certifying 
entities approved by the Secretary;
``(iii) the number of third-party providers 
certified by non-Federal certifying entities; 
and
``(iv) the number of third-party providers 
certified based on State agency or professional 
association credentialing;
``(C) how third-party providers contribute to the 
quality and effectiveness of conservation practices 
implemented and adopted, and what improvements are 
needed; and
``(D) the target utilization rate set under 
paragraph (3)(D) and how actual utilization compares to 
that target rate.''.
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