[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1150 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1150
To amend the Food Security Act of 1985 to improve delivery of technical
assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2025
Mr. Crapo (for himself, Mr. Bennet, and Mr. Marshall) 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 improve 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 paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Approved non-federal certifying entity.--The term
`approved non-Federal certifying entity' means a non-Federal
entity approved by the Secretary under subsection (e)(5)(C)(ii)
to perform certifications of third-party providers under this
section.'';
(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)(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
(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) 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 through
approved 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 entities.--In
determining the eligibility of an entity described in
subparagraph (B) or (C) of paragraph (4) (referred to
in this paragraph as a `non-Federal entity') to perform
certifications, the Secretary shall consider--
``(i) the ability of the non-Federal entity
to assess qualifications of a third-party
provider and certify third-party providers at
scale;
``(ii) the experience of the non-Federal
entity in working with third-party providers
and eligible participants;
``(iii) the expertise of the non-Federal
entity in the technical and science-based
aspects of conservation delivery described in
paragraph (3)(A);
``(iv) the history of the non-Federal
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 entity to
perform certifications of third-party providers under
this section, the Secretary shall--
``(i) determine if the non-Federal entity
meets the eligibility requirements established
under subparagraph (B); and
``(ii) if the Secretary makes a positive
determination under clause (i), approve the
non-Federal entity to perform certifications of
third-party providers under this section.
``(D) Timely decisions.--Not later than 10 business
days after the date on which the Secretary receives a
notification submitted by a third-party provider that
the third-party provider has been certified by an
approved non-Federal certifying entity to provide
technical assistance for specified practices and
conservation activities, the Secretary shall--
``(i) review the certification; and
``(ii) 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.
``(E) Duties of approved non-federal certifying
entities.--An approved non-Federal certifying entity
shall--
``(i) assess the ability of a third-party
provider to appropriately provide technical
assistance to eligible participants for
specified practices and conservation
activities; and
``(ii) provide to third-party providers
certified by the approved non-Federal
certifying entity--
``(I) training to ensure that the
third-party providers are qualified to
provide the technical assistance
described in clause (i); and
``(II) continuing education, as
appropriate, to ensure that the third-
party providers are educated in the
most recent technical- and science-
based aspects of conservation delivery.
``(6) 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 an approved 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; and
``(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.'';
(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 establishment of the processes under paragraphs (5)(A) and
(6) of subsection (e), and routinely thereafter, 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 approved non-Federal
certifying entities;
``(iii) the number of third-party providers
certified through approved non-Federal
certifying entities; and
``(iv) the number of third-party providers
certified based on State agency or professional
association credentialing; and
``(C) the estimated number of staff hours or full-
time equivalents saved through work accomplished by
third-party providers.''.
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