119-s156

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 156

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 21, 2025

 Mr. Marshall (for himself and Mr. Bennet) introduced the following 
 bill; which was read twice and referred to the Committee on 
 Agriculture, Nutrition, and Forestry

_______________________________________________________________________

 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; and
 ``
            (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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