Reducing Farm Input Costs and Barriers to Domestic Production Act
This bill addresses various provisions related to the regulation of domestic agricultural products, including by requiring the Department of Agriculture to publish criteria for considering requests from meat and poultry establishments to operate at line speeds in excess of the current regulatory limitations. The bill also nullifies the final rule issued by the Council on Environmental Quality on April 20, 2022, that reinstated various National Environmental Policy Act regulatory provisions.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8069 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8069
To reduce farm input costs and barriers to domestic production, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2022
Mr. Thompson of Pennsylvania (for himself, Mr. Baird, Mr. Crawford, Mr.
Rodney Davis of Illinois, Mr. Mann, Mr. Rouzer, Mr. Austin Scott of
Georgia, Mr. Bost, Mr. Ellzey, Ms. Foxx, Mr. C. Scott Franklin of
Florida, Mr. Gibbs, Mr. Jackson, Mr. Kustoff, Mrs. McClain, Mr. Moore
of Utah, Mr. Newhouse, Mr. Rose, Mr. Smith of Nebraska, Mr. Westerman,
Mr. Wittman, Mrs. Fischbach, Mr. Bacon, Mrs. Hartzler, Mr. Kelly of
Mississippi, Mr. LaMalfa, Mr. Lucas, Mr. Allen, Mr. Jacobs of New York,
Mr. Johnson of South Dakota, Mrs. Rodgers of Washington, and Mr.
Pfluger) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Natural
Resources, Transportation and Infrastructure, Financial Services, and
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reduce farm input costs and barriers to domestic production, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reducing Farm
Input Costs and Barriers to Domestic Production Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Nutrient management and precision agriculture.
Sec. 3. Nullification of changes to NEPA regulations.
Sec. 4. Evaluation of phosphate and potash as critical minerals.
Sec. 5. Period of use following cancellation of a pesticide.
Sec. 6. Reinstatement of rule defining waters of the United States.
Sec. 7. Economic analysis of packers and stockyards regulations.
Sec. 8. Approval of use of phosphogypsum in government road projects.
Sec. 9. Emissions disclosures under the securities laws.
Sec. 10. Meat and poultry processing efficiency.
SEC. 2. NUTRIENT MANAGEMENT AND PRECISION AGRICULTURE.
(a) Conservation Loan and Loan Guarantee Program.--Section 304 of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1924) is
amended--
(1) in subsection (b)(3), by redesignating subparagraphs
(F) and (G) as subparagraphs (G) and (H), respectively, and
inserting after subparagraph (E) the following:
``(F) the adoption of precision agriculture or
nutrient management practices, and the acquisition of
precision agriculture or nutrient management equipment
and technology;'';
(2) in subsection (d)--
(A) in paragraph (2), by striking ``and'';
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) producers who use the loans to adopt precision
agriculture or nutrient management practices or acquire
precision agriculture or nutrient management equipment and
technology, including adoption or acquisition for the purpose
of participating in the environmental quality incentives
program under subchapter A of chapter 4 of subtitle D of title
XII of the Food Security Act of 1985.'';
(3) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) 90 percent of the principal amount of the loan in the
case of--
``(A) a producer that is a qualified socially
disadvantaged farmer or rancher or a beginning farmer
or rancher; or
``(B) loans that are used for the purchase of
precision agriculture or nutrient management equipment
and technology.''; and
(4) in subsection (f)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) Geographic diversity.--The Secretary''; and
(B) by adding at the end the following:
``(2) Coordination with nrcs.--In making or guaranteeing
loans under this section, the Secretary shall ensure that there
is coordination between the Farm Service Agency and the Natural
Resources Conservation Service.''.
(b) Assistance to Rural Entities.--Section 310B(a)(2) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(a)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) expanding precision agriculture and nutrient
management practices, including by financing equipment
and farm-wide broadband connectivity, in order to
promote best-practices, reduce costs, and improve the
environment.''.
(c) Environmental Quality Incentives Program.--
(1) Definitions.--Section 1240A(6)(B)(v) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-1(6)(B)(v)) is amended
by inserting ``(including the adoption of precision agriculture
or nutrient management practices and the acquisition of
precision agriculture or nutrient management equipment and
technology)'' after ``planning''.
(2) Payments.--
(A) Other payments.--Section 1240B(d)(6) of the
Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(6)) is
amended--
(i) by striking ``A producer shall'' and
inserting the following:
``(A) Payments under this subtitle.--A producer
shall''; and
(ii) by adding at the end the following:
``(B) Conservation loan and loan guarantee program
payments.--
``(i) In general.--A producer receiving
payments for practices on eligible land under
the program may also receive a loan or loan
guarantee under section 304 of the Consolidated
Farm and Rural Development Act to cover costs
for the same practices on the same land.
``(ii) Notice to producer.--The Secretary
shall inform a producer participating in the
program in writing of the availability of a
loan or loan guarantee under section 304 of the
Consolidated Farm and Rural Development Act as
it relates to costs of implementing practices
under this program.''.
(B) Increased payments for high-priority
practices.--Section 1240B(d)(7) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(d)(7)) is amended, in
the subsection heading, by inserting ``State-
determined'' before ``high-priority''.
(C) Increased payments for precision agriculture
and nutrient management.--Section 1240B(d) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2(d)) is amended
by adding at the end the following:
``(8) Increased payments for precision agriculture and
nutrient management.--Notwithstanding paragraph (2), the
Secretary may increase the amount that would otherwise be
provided for a practice under this subsection to not more than
90 percent of the costs associated with adopting precision
agriculture or nutrient management practices and acquiring
precision agriculture or nutrient management equipment and
technology.''.
(3) Conservation incentive contracts.--Section
1240B(j)(2)(A)(i) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(j)(3)(A)(i)) is amended by inserting ``(which may
include the adoption of precision agriculture or nutrient
management practices and the acquisition of precision
agriculture or nutrient management equipment and technology)''
after ``incentive practices''.
(d) Conservation Stewardship Program.--
(1) Conservation stewardship payments.--Section 1240L(c)(3)
of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(c)(3)) is
amended to read as follows:
``(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for conservation activities
for which there is no cost incurred or income forgone by the
producer.''.
(2) Supplemental payments for resource-conserving crop
rotations and advanced grazing management.--Section 1240L(d) of
the Food Security Act of 1985 (16 U.S.C. 3839aa-24(d)) is
amended--
(A) in the subsection heading, by striking ``and
Advanced Grazing Management'' and inserting ``,
Advanced Grazing Management, Precision Agriculture, and
Nutrient Management'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) precision agriculture; or
``(D) nutrient management.''; and
(C) in paragraph (3), by striking ``or advanced
grazing management'' and inserting ``, advanced grazing
management, precision agriculture, or nutrient
management''.
(e) Delivery of Technical Assistance.--Section 1242(f) of the Food
Security Act of 1985 (16 U.S.C. 3842(f)) is amended by adding at the
end the following:
``(6) Soil health planning.--The Secretary shall emphasize
the use of third-party providers in providing technical
assistance for soil health planning, including planning related
to the use of cover crops, precision conservation management,
comprehensive nutrient management planning, and other
innovative plans.''.
SEC. 3. NULLIFICATION OF CHANGES TO NEPA REGULATIONS.
The final rule issued by the Council on Environmental Quality
titled ``National Environmental Policy Act Implementing Regulations
Revisions'' and published April 20, 2022 (87 Fed. Reg. 23453), shall
have no force or effect.
SEC. 4. EVALUATION OF PHOSPHATE AND POTASH AS CRITICAL MINERALS.
(a) Evaluation.--Not later than 30 days after the date of enactment
of this section, the Secretary of the Interior shall evaluate potash,
phosphates, and other minerals necessary for the production of
fertilizer and other agricultural products used to promote crop
development for designation as critical minerals under section
7002(c)(4) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)).
(b) Recommendations.--Not later than 90 days after the date of
enactment of this section, the Secretary of the Interior shall evaluate
current policies related to permitting and leasing of projects to
develop the minerals described in subsection (a) and issue
recommendations to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate to support domestic production of such commodities.
SEC. 5. PERIOD OF USE FOLLOWING CANCELLATION OF A PESTICIDE.
(a) In General.--Section 6(a) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136d(a)) is amended to read as
follows:
``(a) Existing Stocks and Further Use and Information.--
``(1) Existing stocks and further use.--The Administrator
shall permit the continued sale and use of a pesticide whose
registration is suspended or canceled under this section, or
section 3 or 4, or vacated through a court order for a period
of not less than 5 years after the date on which such
suspension, cancellation or vacatur occurs.
``(2) Information.--If at any time after the registration
of a pesticide the registrant has additional factual
information regarding unreasonable adverse effects on the
environment of the pesticide, the registrant shall submit such
information to the Administrator.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) glyphosate has been used safely in United States
agriculture for decades;
(2) glyphosate is one of the most studied herbicides in the
world and tens of thousands of studies have been conducted that
lead to a scientifically sound consensus that glyphosate is not
a carcinogen;
(3) food security is national security and glyphosate is a
necessary tool in ensuring a safe and secure food supply in the
United States;
(4) the existing preemption of State law specified in
section 24(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136v(b)) expressly preempts any
additional warning label requirement by any State for a
glyphosate-related product; and
(5) the amicus curiae brief submitted by the Solicitor
General to the Supreme Court of the United States on May 10,
2022, related to 997 F.3d 941 (9th Cir. 2021) is fatally flawed
in its legal reasoning and is in direct conflict with the
statutory language as well as Congressional intent.
(c) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate final regulations making a
determination specifying that any label of a pesticide product that
contains glyphosate that is registered under section 3 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a) shall not
contain a cancer warning.
SEC. 6. REINSTATEMENT OF RULE DEFINING WATERS OF THE UNITED STATES.
The final rule entitled ``The Navigable Waters Protection Rule:
Definition of `Waters of the United States''' and published in the
Federal Register by the Environmental Protection Agency on April 21,
2020 (85 Fed. Reg. 22250 et seq.), shall take effect on the date of the
enactment of this Act.
SEC. 7. ECONOMIC ANALYSIS OF PACKERS AND STOCKYARDS REGULATIONS.
(a) In General.--Not fewer than 90 days before publishing any
covered rule, the Secretary of Agriculture, acting through the Office
of the Chief Economist, shall--
(1) conduct an economic analysis analyzing the costs and
benefits of the implementation of such rule, including the
costs and benefits for producers and consumers, accounting for
current industry practices and market conditions; and
(2) make the analysis and a summary of such analysis
publicly available on the website of the Department of
Agriculture and by publication in the Federal Register.
(b) Covered Rule.--In this section the term ``covered rule'' means
a proposed rule issued under the Packers and Stockyards Act, 1921 (7
U.S.C. 181 et seq.), including rules related to--
(1) transparency in poultry grower contracting and
tournaments;
(2) unfair practices and undue preferences under such Act;
and
(3) the scope of violations under such Act with respect to
a showing of harm or likely harm to competition.
SEC. 8. APPROVAL OF USE OF PHOSPHOGYPSUM IN GOVERNMENT ROAD PROJECTS.
The Administrator of the Environmental Protection Agency shall
issue an approval of the use of phosphogypsum in government road
projects that is identical to the approval issued in the notice titled
``Approval of the Request for Other Use of Phosphogypsum by the
Fertilizer Institute'' published by the Environmental Protection Agency
in the Federal Register on October 20, 2020 (85 Fed. Reg. 66550).
SEC. 9. EMISSIONS DISCLOSURES UNDER THE SECURITIES LAWS.
The Securities and Exchange Commission may only require information
relating to the emissions of an issuer, including the upstream or
downstream emissions from the value chain of the issuer, to be included
in a report to the Commission if such issuer determines there is a
substantial likelihood that a reasonable shareholder would consider
such information important with respect to making an investment
decision.
SEC. 10. MEAT AND POULTRY PROCESSING EFFICIENCY.
(a) Requests Related to Maximum Rates.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Agriculture shall--
(A) publish in the Federal Register criteria that
the Secretary shall consider in granting requests
submitted by establishments for operation at rates in
excess of the maximum rates specified in sections 310.1
and 381.69 of title 9, Code of Federal Regulations (or
successor regulations); and
(B) begin accepting and reviewing such requests
from such establishments.
(2) Response.--Not later than 90 days after the date on
which a request from an establishment is submitted, the
Secretary shall respond to such request--
(A) approving such request if the request meets the
criteria established pursuant to paragraph (1); or
(B) denying such request and explaining in detail
the rationale for such denial.
(3) Duration of approved requests.--An establishment may
continue to operate pursuant to any request approved under this
subsection so long as the establishment continues to meet the
criteria established pursuant to paragraph (1).
(b) Continuation of Operations at Certain Establishments.--
(1) Swine establishments.--In the case of an establishment
to which the maximum rates in section 310.1(b)(3) of title 9,
Code of Federal Regulations did not apply pursuant to section
310.26(c) of title 9, Code of Federal Regulations, as in effect
on March 30, 2021, such rates shall continue to not apply so
long as the establishment--
(A) maintains effective process control; and
(B) prevents contamination of carcasses and parts
by enteric pathogens and visible fecal material,
ingesta, and milk.
(2) Poultry establishments.--In the case of an
establishment to which the maximum rates in section 381.69 of
title 9, Code of Federal Regulations do not apply pursuant to
section 381.3(b) of title 9, Code of Federal Regulations, such
rates shall continue to not apply so long as the establishment
maintains effective process control.
(c) Definitions.--In this section:
(1) Establishment.--The term ``establishment'' means--
(A) an official establishment (as defined in
section 301.2 of title 9, Code of Federal Regulations
that is subject to inspection under the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.)); and
(B) an official establishment (as defined in
section 381.1 of title 9, Code of Federal Regulations
that is subject to inspection under the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.)).
(2) Process control.--The term ``process control'' means
operating conditions necessary for the production of safe,
wholesome food as described in subchapter A of chapter III of
title 9, Code of Federal Regulations (or successor
regulations).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, Transportation and Infrastructure, Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, Transportation and Infrastructure, Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, Transportation and Infrastructure, Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, Transportation and Infrastructure, Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, Transportation and Infrastructure, Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Water Resources and Environment.