[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3717 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3717
To amend the Farm Security and Rural Investment Act of 2002 to expand
the national organic certification cost-share program into a
comprehensive organic program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2026
Mr. Welch (for himself, Mr. Bennet, Mr. Booker, Mr. Fetterman, Mrs.
Gillibrand, Mr. Heinrich, Mr. King, Mr. Merkley, Mr. Murphy, Mr.
Sanders, Mr. Schiff, Ms. Smith, and Mr. Padilla) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Farm Security and Rural Investment Act of 2002 to expand
the national organic certification cost-share program into a
comprehensive organic program, 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 ``Opportunities in Organic Act''.
SEC. 2. OPPORTUNITIES IN ORGANIC PROGRAM.
Section 10606 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 6523) is amended--
(1) in the section heading, by striking ``national organic
certification cost-share'' and inserting ``opportunities in
organic'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(4) in subsection (a), by striking the subsection
designation and heading and all that follows through
``Secretary of Agriculture'' and inserting the following:
``(b) Establishment.--The Secretary'';
(5) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Certified organic farm; certified organic handling
operation.--The terms `certified organic farm' and `certified
organic handling operation' have the meanings given those terms
in section 2103 of the Organic Foods Production Act of 1990 (7
U.S.C. 6502).
``(2) Eligible nonprofit organization.--The term `eligible
nonprofit organization' means a nonprofit organization (as
defined in section 1619(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5801(b))) that
primarily serves at least 1 of the following:
``(A) Socially disadvantaged farmers and ranchers.
``(B) Organic producers and handlers.
``(C) 1 or more vulnerable agricultural regions,
such as farms near schools, childcare providers,
residential areas, or sensitive ecosystems.
``(D) 1 or more under-resourced agricultural
regions.
``(E) Smaller nonprofit organizations (as so
defined) that primarily serve the entities or regions
described in subparagraph (A), (B), (C), or (D).
``(3) National organic production program.--The term
`national organic production program' means the national
organic production program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.).
``(4) Organic.--The term `organic' has the meaning given
the term in section 205.2 of title 7, Code of Federal
Regulations (or a successor regulation).
``(5) Program.--The term `program' means the Opportunities
in Organic program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(7) Socially disadvantaged farmer or rancher; socially
disadvantaged group.--The terms `socially disadvantaged farmer
or rancher' and `socially disadvantaged group' have the
meanings given those terms in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)).
``(8) Transition to organic.--The term `transition to
organic' means the steps required to become a certified organic
farm.'';
(6) in subsection (b) (as so redesignated)--
(A) by striking ``a national organic certification
cost-share program to assist'' and inserting the
following: ``a program, to be known as the
`Opportunities in Organic program'--
``(1) to assist'';
(B) in paragraph (1) (as so designated), by
striking ``program established'' and all that follows
through the period at the end and inserting ``program;
and''; and
(C) by adding at the end the following:
``(2) to provide support and technical assistance for
transition to organic and organic management.'';
(7) by inserting after subsection (b) (as so redesignated)
the following:
``(c) Federal Organic Certification Cost-Share.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall pay under this subsection the costs incurred by
a producer or handler in obtaining certification under the
national organic production program, as certified to and
approved by the Secretary.
``(2) Maximum amount.--Except as provided in paragraph (3),
the maximum amount of a payment made to a producer or handler
under this subsection shall be $1,500.
``(3) Ensuring affordability.--Notwithstanding paragraph
(2), the Secretary may make payments that exceed the maximum
amount under that paragraph to ensure that organic
certification costs are not a barrier to organic production,
including payment to a producer or handler who is--
``(A) located in a region with disproportionately
high certification costs, as determined by the
Secretary; or
``(B) a member of a socially disadvantaged group.
``(d) Support for Transition to Organic and Technical Assistance.--
``(1) Transition and resilience funding.--
``(A) In general.--The Secretary shall award
funding to eligible nonprofit organizations--
``(i) to build capacity to support
transition to organic in accordance with
subparagraph (B); and
``(ii) to support transition to organic in
accordance with subparagraphs (C) and (D).
``(B) Activities to build capacity.--An eligible
nonprofit organization that is awarded funding under
this subparagraph may use the funding for staffing,
materials, activities, and partnerships (including
partnerships with eligible nonprofit organizations
described in subsection (a)(2)(E)) that support
transition to organic and resilience of certified
organic farms, including--
``(i) the recruitment of producers to begin
transition to organic;
``(ii) translation and communication
support, including development of materials to
increase understanding of the practices and
processes required to become certified as
organic;
``(iii) assistance with applications,
compliance, recordkeeping, and other aspects of
the organic certification process and the
transition to organic;
``(iv) financial, business, natural
resource conservation, and farm planning;
``(v) support for fair contracting;
``(vi) technical assistance with organic
management practices, such as soil health,
nutrient management, pest management, and other
practices, as determined appropriate by the
Secretary;
``(vii) by providing training on organic
certification requirements and organic
management to agricultural advisors and
consultants, including agronomists, crop
advisors, pest control advisors, extension
agents, farm consultants, and other technical
service providers, and agricultural industry
entities, such as seed dealers, equipment
suppliers, and input suppliers;
``(viii) by facilitating paid mentor-mentee
relationships between organic producers and
producers in transition to organic, including
stipends for all participants and training to
support effective mentorship;
``(ix) by assisting producers with
accessing resources and funding for programs
associated with organic management, including
conservation programs, risk management tools,
and organic support and research programs;
``(x) by establishing or expanding
cooperatives, organic grower groups, certified
organic processing, storage, refrigeration,
freezer, and distribution facilities and
equipment, food hubs, food security programs,
additional programs under the Indigenous Food
Sovereignty Initiative of the Department of
Agriculture, organic-compliant composting
services, and other regional foodshed and
supply chain infrastructure, such as
infrastructure for granaries and meat
processing;
``(xi) on-farm research, including
monitoring biodiversity, monitoring air and
water quality, measuring changes in soil
organic carbon and indicators of soil health,
developing regionally adapted seeds and breeds,
and carrying out trials and documenting the
effectiveness of holistic approaches to pest,
weed, and disease control;
``(xii) recruiting and training organic
certification staff and inspectors, with an
emphasis on expanding opportunities for
socially disadvantaged farmers and ranchers and
increasing diversity in the certification
process;
``(xiii) increasing access to land for
socially disadvantaged farmers and ranchers and
small and mid-sized farms and ranches and
promoting long-term organic management (such as
purchasing land for incubator projects,
promoting and supporting lease-to-own
contracts, resolving heirs property issues, and
establishing easements that facilitate long-
term organic stewardship);
``(xiv) supporting tenant farmers,
including through leasing options that serve
tenants and landlords long term;
``(xv) hosting or supporting regional
conventions, conferences, farmer-led training
sessions and programs, field days, teach-ins,
and other educational opportunities focused on
organic production; and
``(xvi) establishing infrastructure for
interfarmer skill sharing and exchanges,
including virtual forums.
``(C) Producer transition and resilience funding.--
``(i) In general.--An eligible nonprofit
organization that is awarded funding under this
subparagraph may use the funding to provide
transition and resilience funding to existing
organic operations, socially disadvantaged
farmers or ranchers, or small or mid-sized
farms or ranches.
``(ii) Term.--
``(I) In general.--Funding provided
under this subparagraph shall be for a
term of 4 years.
``(II) 1-time funding.--The
Secretary may not renew funding
provided to a recipient under this
subparagraph.
``(iii) Use of funds.--Funding awarded
under clause (i) may be used to offset the
costs of and reduce barriers to becoming or
expanding a certified organic farm, including--
``(I) creating or expanding an
organic system plan (as defined in
section 205.2 of title 7, Code of
Federal Regulations (as in effect on
the date of enactment of the
Opportunities in Organic Act)),
including--
``(aa) completing organic
certification documents,
planning, and recordkeeping;
and
``(bb) developing a
conservation plan to address
all natural resources,
including soil health;
``(II) adopting, improving, or
expanding organic management,
including--
``(aa) eliminating the use
of synthetic pesticides,
synthetic fertilizers, or
antibiotics;
``(bb) the implementation
of cover cropping, crop
rotation, or rotational
grazing;
``(cc) the production and
use of compost and manure
(including purchasing tools,
supplies, or storage);
``(dd) sourcing or
producing organic seed and
feed;
``(ee) hedgerow and
ecosystem enhancement planting
and design;
``(ff) purchasing supplies
for intercropping and
polycropping or other
specialized equipment for use
in organic management; and
``(gg) supporting
beneficial predators,
pollinator habitats, erosion
prevention, or watershed
restoration;
``(III) paying for costs associated
with processing, storage, and
distribution equipment and facilities;
``(IV) carrying out on-farm
research to monitor and document the
impacts of transition to organic,
including in partnership with an
institution of higher education or
another entity;
``(V) soil testing;
``(VI) debt relief to improve
access to capital and financial
stability;
``(VII) forming a cooperative or
farmer-to-farmer network;
``(VIII) providing training to
become an organic inspector to expand
revenue and regional inspection
capacity;
``(IX) overcoming barriers to land
access, including payments to secure
longer leases and costs associated with
accessing land that has not been
treated with materials prohibited for
use on a certified organic farm or
transitioning land to organic
management;
``(X) paying for labor costs,
including costs associated with
improvements to workplace safety,
compensation, professional development,
and staff training on transition to
organic implementation;
``(XI) improving food safety
practices and obtaining related
certifications;
``(XII) providing or participating
in organic agriculture educational
opportunities;
``(XIII) providing compensation for
foregone income during transition to
organic due to short-term changes in
yield and limited market options;
``(XIV) construction or improvement
of housing for apprentices, trainees,
or volunteers or other on-farm
infrastructure; and
``(XV) financial, business, and
farm planning.
``(iv) Organic system plan.--As a condition
of receiving funding under this subparagraph to
carry out any of the activities described in
subclauses (II) through (XV) of clause (iii),
an organic operation, socially disadvantaged
farmer or rancher, or small or mid-sized farm
or ranch shall be required to develop an
organic system plan described in subclause (I)
of that clause.
``(D) Organic supply chain funding.--
``(i) In general.--An eligible nonprofit
organization that is awarded funding under this
subparagraph may use the funding to support
organic supply chain development, including by
providing the funding to other entities to
support organic supply chain development.
``(ii) Use of funds.--Funding awarded under
clause (i)--
``(I) may be used to strengthen
organic capacity or expand access to
certified organic handling operations,
including--
``(aa) constructing,
expanding, or improving access
to a certified organic handling
operation;
``(bb) purchasing farm
equipment, value added
supplies, and other materials
that improve market access; and
``(cc) pursuing organic
certification for an existing
handling operation; and
``(II) shall be used to strengthen
opportunities in organic capacity for
socially disadvantaged farmers or
ranchers, small or mid-sized farms or
ranches, vulnerable agricultural
regions (such as farms near schools,
childcare providers, residential areas,
and sensitive ecosystems), or under-
resourced agricultural regions.
``(E) Communications; meetings.--An eligible
nonprofit organization that receives funding under
subparagraph (B), (C), or (D) shall--
``(i) communicate not less frequently than
once per quarter with each other entity awarded
funding pursuant to those subparagraphs--
``(I) to monitor progress with
respect to transition to organic and
organic supply chain development;
``(II) to address improvements and
impacts of the transition to organic,
including observed changes in
biodiversity, soil health, pests,
weeds, and disease occurrence, crop
yield, and resilience;
``(III) to address challenges
associated with transition to organic;
``(IV) to consider market
opportunities and the adoption of
additional practices; and
``(V) to explore opportunities for
coordinated farm team meetings with
staff from relevant agencies and
organizations to streamline
agricultural assistance and improve
farm viability while increasing
adoption of on-farm conservation
practices; and
``(ii) meet not less frequently than
annually for each year for which funding is
provided with staff of the Department of
Agriculture (as determined by the Secretary) to
discuss program participation and impacts,
demographics and scale of participants,
transition to organic success rates, market
opportunities, research results, and challenges
identified in the transition to organic.
``(2) Technical assistance.--
``(A) In general.--The Secretary shall increase
regional resources to support organic management,
including technical assistance, outreach, supply chain
coordination, and activities described in subparagraph
(B), through expanded organic-related capacity and
partnerships at--
``(i) the Department of Agriculture,
including within the Agricultural Marketing
Service, the Farm Service Agency, the Natural
Resources Conservation Service, the Risk
Management Agency, the offices under the
Undersecretary of Rural Development, the Food
and Nutrition Service, and climate hubs, with
an emphasis on local and regional offices;
``(ii) universities and educational
institutions, with an emphasis on institutions
serving socially disadvantaged farmers and
ranchers;
``(iii) the cooperative extension programs
of the Secretary, including the Federally
Recognized Tribes Extension Program;
``(iv) State, regional, and Tribal
departments of agriculture; and
``(v) eligible nonprofit organizations.
``(B) Authorized activities.--Activities carried
out through the entities described in subparagraph (A)
shall include--
``(i) regional education sessions on
organic management;
``(ii) the development of regionally
tailored resources, technical assistance
programs, and teaching farms for organic
producers and producers in transition to
organic, including tools to promote and
facilitate participation of socially
disadvantaged farmers and ranchers and small
and mid-sized farms and ranches in organic and
complementary support programs;
``(iii) ongoing outreach to and needs
assessment of producers in transition to
organic to identify barriers to organic
production and mechanisms to address those
barriers;
``(iv) the identification of priority
locations to promote transition to organic,
including near schools and childcare providers,
residential areas, and sensitive ecosystems;
``(v) organic supply chain and
infrastructure development;
``(vi) the expansion of organic and local
supply chains and market opportunities,
including establishing channels for producers
to offer products to institutional buyers and
supporting purchases through nutrition
programs; and
``(vii) advancing food waste reduction
strategies that support producer income and
soil health, including--
``(I) closed-loop programs that
connect community composting and food
scrap collection operations with farms;
and
``(II) coordination to maximize use
of farm products, composting, and waste
reduction.'';
(8) in subsection (e) (as so redesignated)--
(A) by striking ``including the number'' and
inserting the following: ``including--
``(1) the number'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(2) the demographics, acreage, and sales of producer
participants that received support under the program,
aggregated by region;
``(3) the number of producers and handlers that--
``(A) received support from the program in the
previous fiscal year;
``(B) began transition to organic; and
``(C) achieved new organic certification;
``(4) any barriers to achieving organic certification;
``(5) the transition to organic activities carried out by
eligible nonprofit organizations and the metrics used to
evaluate the success of those activities;
``(6) research findings and best practices to support
transition to organic;
``(7) changes in organic-relevant capacity at public
institutions of higher education and eligible nonprofit
organizations; and
``(8) changes in availability of organic-relevant technical
assistance.''; and
(9) in subsection (f)(1) (as so redesignated), by striking
subparagraphs (A), (B), and (C) and inserting the following:
``(A) $50,000,000 for each of fiscal years 2027 and
2028;
``(B) $80,000,000 for fiscal year 2029; and
``(C) $100,000,000 for each of fiscal years 2030
and 2031.''.
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