Increased TSP Access Act of 2023
This bill directs the Department of Agriculture (USDA) to modify the certification process for Technical Service Providers (TSPs) at the Natural Resources Conservation Service (NRCS) by establishing an approval process for nonfederal certifying entities and a streamlined certification process for TSPs that hold certain specialty certifications. (TSPs are third-party service providers, such as private businesses, Indian tribes, and nonprofit organizations, who work on behalf of customers to offer planning, design, and implementation services that meet NRCS criteria.)
The bill specifies that USDA must ensure, to the maximum extent practicable, third-party providers with expertise in the technical aspects of conservation practice design, implementation, and evaluation are eligible to become approved TSPs.
USDA must provide a streamlined certification process for TSPs who hold appropriate specialty certifications (e.g., certified crop advisors).
In determining the eligibility of a nonfederal certifying entity, USDA must consider the ability, experience, expertise, and history of the entity. USDA must decide whether to approve an application submitted by a nonfederal certifying entity to certify TSPs not later than 40 business days after receiving an application.
USDA must review a TSP's certification by a nonfederal certifying entity not later than 10 business days after receiving a notification from the nonfederal entity. If the certification is satisfactory, USDA must include the TSP on a USDA-maintained registry of certified TSPs.
The bill also specifies that TSPs must be paid at rates equivalent to technical assistance provided by USDA.
Further, USDA must provide accessible public information on TSPs, including information on funding, contributions, certification results, and utilization rates.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3036 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3036
To amend the Food Security Act of 1985 to modify the delivery of
technical assistance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Baird (for himself and Ms. Spanberger) 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 2023''.
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 2023'';
(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 2023, 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
2023, 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 2023, 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 2023, 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Research, and Biotechnology.
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