[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7606 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7606
_______________________________________________________________________
AN ACT
To establish the Office of the Special Investigator for Competition
Matters within the Department of Agriculture.
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 ``Lower Food and
Fuel Costs Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--MEAT AND POULTRY SPECIAL INVESTIGATOR
Sec. 101. Office of the Special Investigator for Competition Matters.
TITLE II--CROP NUTRIENT USE AND PRECISION AGRICULTURE PRACTICE ADOPTION
ASSISTANCE
Sec. 201. Crop nutrient use and precision agriculture practice adoption
assistance.
Sec. 202. Rule of construction.
TITLE III--AGRICULTURE AND FOOD SUPPLY CHAIN RESILIENCY
Subtitle A--Agriculture and Food System Supply Chain Resilience and
Crisis Response Task Force
Sec. 301. Agriculture and Food System Supply Chain Resilience and
Crisis Response Task Force.
Subtitle B--Addressing Fertilizer Shortages
Sec. 311. Addressing fertilizer shortages.
Subtitle C--American Food Supply Chain Resiliency
Sec. 321. Supply Chain Regional Resource Centers.
Sec. 322. Agriculture Innovation Centers Program.
TITLE IV--BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT MARKET
EXPANSION
Sec. 401. Biofuel infrastructure and agriculture product market
expansion.
TITLE V--YEAR-ROUND FUEL CHOICE
Sec. 501. Ethanol waiver.
TITLE VI--PRODUCING RESPONSIBLE ENERGY AND CONSERVATION INCENTIVES AND
SOLUTIONS FOR THE ENVIRONMENT (PRECISE)
Sec. 601. Conservation loan and loan guarantee program.
Sec. 602. Assistance to rural entities.
Sec. 603. Environmental Quality Incentives Program.
Sec. 604. Conservation Stewardship Program.
Sec. 605. Delivery of technical assistance.
TITLE VII--BUTCHER BLOCK ACT
Sec. 701. Assistance for new and expanded livestock or poultry
processors.
Sec. 702. New and expanding livestock or poultry processing grants.
TITLE VIII--LOWER FOOD AND FUEL COSTS SUPPLEMENTAL APPROPRIATIONS ACT,
2022
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--MEAT AND POULTRY SPECIAL INVESTIGATOR
SEC. 101. OFFICE OF THE SPECIAL INVESTIGATOR FOR COMPETITION MATTERS.
(a) In General.--The Department of Agriculture Reorganization Act
of 1994 is amended by inserting after section 216 (7 U.S.C. 6916) the
following:
``SEC. 217. OFFICE OF THE SPECIAL INVESTIGATOR FOR COMPETITION MATTERS.
``(a) Establishment.--There is established in the Department an
office, to be known as the `Office of the Special Investigator for
Competition Matters' (referred to in this section as the `Office').
``(b) Special Investigator for Competition Matters.--The Office
shall be headed by the Special Investigator for Competition Matters
(referred to in this section as the `Special Investigator'), who shall
be a senior career employee appointed by the Secretary.
``(c) Duties.--The Special Investigator shall--
``(1) use all available tools, including subpoenas, to
investigate and prosecute violations of the Packers and
Stockyards Act, 1921 (7 U.S.C. 181 et seq.) by packers and live
poultry dealers with respect to competition and trade practices
in the food and agricultural sector;
``(2) serve as a Department liaison to, and act in
consultation with, the Department of Justice and the Federal
Trade Commission with respect to competition and trade
practices in the food and agricultural sector;
``(3) act in consultation with the Department of Homeland
Security with respect to national security and critical
infrastructure security in the food and agricultural sector;
``(4) maintain a staff of attorneys and other professionals
with appropriate expertise; and
``(5) in carrying out the requirements of this subsection,
coordinate with the Office of the General Counsel and the
Packers and Stockyards Division of the Agricultural Marketing
Service.
``(d) Prosecutorial Authority.--
``(1) In general.--Notwithstanding title 28, United States
Code, the Special Investigator shall have the authority to
bring any civil or administrative action authorized under the
Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) against
a packer.
``(2) Effect.--Nothing in this section alters the authority
of the Secretary to issue a subpoena pursuant to the Packers
and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).
``(3) Notification.--With respect to any of the actions
brought under this subsection in Federal district court, the
Special Investigator shall notify the Attorney General.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
adding at the end the following:
``(11) The authority of the Secretary to carry out section
217.''.
(c) Technical Amendment.--Subtitle A of the Department of
Agriculture Reorganization Act of 1994 is amended by redesignating the
first section 225 (relating to Food Access Liaison) (7 U.S.C. 6925) as
section 224A.
TITLE II--CROP NUTRIENT USE AND PRECISION AGRICULTURE PRACTICE ADOPTION
ASSISTANCE
SEC. 201. CROP NUTRIENT USE AND PRECISION AGRICULTURE PRACTICE ADOPTION
ASSISTANCE.
(a) Payments.--During the period beginning on the date of enactment
of this section and ending on September 30, 2023, the Secretary shall
make payments under this section to producers--
(1) to assist in reducing the costs associated with the
utilization of crop nutrients; or
(2) to adopt precision agriculture practices to address the
utilization of crop nutrients or water availability.
(b) Amount.--
(1) In general.--A payment to a producer under this section
shall not exceed 100 percent of the costs of the activity for
which the assistance is provided.
(2) Cost share.--If the Secretary determines that a
producer is receiving other Federal funds for the activity for
which the assistance is provided, a payment to the producer
under this section shall be in an amount that does not, in
combination with such other funds, exceed 100 percent of the
costs of such activity.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for the period of
fiscal years 2022 and 2023.
SEC. 202. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as a conservation or
environmental program within the meaning of section 5(g) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714c(g)).
TITLE III--AGRICULTURE AND FOOD SUPPLY CHAIN RESILIENCY
Subtitle A--Agriculture and Food System Supply Chain Resilience and
Crisis Response Task Force
SEC. 301. AGRICULTURE AND FOOD SYSTEM SUPPLY CHAIN RESILIENCE AND
CRISIS RESPONSE TASK FORCE.
(a) In General.--Subtitle B of title II of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6931 et seq.) is
amended by adding at the end the following:
``SEC. 229. AGRICULTURE AND FOOD SYSTEM SUPPLY CHAIN RESILIENCE AND
CRISIS RESPONSE TASK FORCE.
``(a) Establishment.--Not later than 60 days after the date of the
enactment of this section, the Secretary shall establish within the
Department an Agriculture and Food System Supply Chain Resilience and
Crisis Response Task Force (in this section referred to as the `Task
Force').
``(b) Mission.--The mission of the Task Force shall be to--
``(1) help to promote the leadership of the United States
with respect to the stability of the agriculture and food
system supply chain;
``(2) encourage a government-wide approach through
partnerships and collaboration with the private sector, labor
organizations, the governments of countries that are allies or
key international partners of the United States, States or
political subdivisions thereof, and Tribal governments in order
to--
``(A) promote the resilience of the agriculture and
food system supply chain; and
``(B) identify, prepare for, and respond to shocks
to the agriculture and food system supply chain;
``(3) monitor the resilience, diversity, security, and
strength of the agriculture and food system supply chain;
``(4) support the availability of agriculture and food
system supply chain goods for domestic manufacturers, domestic
producers, and domestic enterprises in the United States and in
countries that are allies or key international partners;
``(5) assist the Federal Government in preparing for and
responding to shocks to the agriculture and food system supply
chain;
``(6) support the creation of jobs with competitive wages
in the United States agriculture and food system sector; and
``(7) coordinate executive branch actions necessary to
carry out the functions described in paragraphs (1) through
(6).
``(c) Special Advisor on Supply Chain Resilience and Crisis
Response.--The head of the Task Force shall be the Special Advisor on
Supply Chain Resilience and Crisis Response (in this section, referred
to as the `Special Advisor') who shall be appointed by the Secretary.
``(d) Agricultural and Food System Supply Chain Evaluation and
Report.--
``(1) Evaluation.--The Special Advisor, in consultation
with the Secretary of Commerce and the Secretary of
Transportation, shall conduct an evaluation of the stability
and reliability of the agriculture and food system supply
chain. The evaluation shall focus on the items listed in
subsection (b).
``(2) Report to congress.--Not later than 270 days after
the date of the enactment of this section, the Special Advisor
shall submit to the Committee on Agriculture, the Committee on
Energy and Commerce, and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the evaluation conducted under subsection
(a) that includes the following:
``(A) An evaluation of--
``(i) the strengths of the agriculture and
food system supply chain;
``(ii) the weaknesses of the agriculture
and food system supply chain;
``(iii) current and potential future
critical bottlenecks in the agriculture and
food system supply chain, including
transportation bottlenecks in the distribution
of agricultural inputs, processed and
unprocessed food and food input products, and
consumer-ready food products;
``(iv) workforce challenges and
opportunities in the agriculture and food
system supply chain; and
``(v) the overall stability and reliability
of the agriculture and food system supply
chain.
``(B) A discussion of existing Federal legal
barriers, if any, that negatively impact the stability
and reliability of the agriculture and food system
supply chain.
``(C) Specific recommendations to improve the
security, safety, and resilience of the agriculture and
food system supply chain, including recommendations
that address challenges identified under paragraph (1)
and that also address--
``(i) long-term strategies;
``(ii) industry best practices;
``(iii) risk-mitigation actions to prevent
future bottlenecks and vulnerabilities at all
levels of the agriculture and food system
supply chain; and
``(iv) legislative and regulatory actions
that would positively impact the security and
resilience of the agriculture and food system
supply chain.
``(e) Termination.--The Task Force shall terminate on the earlier
of--
``(1) the date on which the report required by subsection
(d) is submitted; or
``(2) September 30, 2023.''.
(b) Technical Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)), as amended
by section 101, is further amended by adding at the end the following:
``(12) The authority of the Secretary to establish in the
Department the Agriculture and Food System Supply Chain
Resilience and Crisis Response Task Force in accordance with
section 229.''.
Subtitle B--Addressing Fertilizer Shortages
SEC. 311. ADDRESSING FERTILIZER SHORTAGES.
(a) In General.--The Secretary of Agriculture shall support and
incentivize domestic activities through grants, loans, and other forms
of assistance, to address fertilizer shortages and deficiencies,
diversify fertilizer sources, and reduce dependency on foreign sources
for fertilizer, including by--
(1) increasing the availability of innovative fertilizer
and fertilizer alternatives, including nitrogen, phosphate,
potassium, biological products and technologies, and other
nutrients that may assist in the production of agricultural
commodities;
(2) increasing materials or tools that reduce the need for
fertilizer or support the more efficient use of fertilizer,
including nitrogen, phosphate, potassium, biological products
and technologies, and other nutrients that may assist in the
production of agricultural commodities;
(3) supporting materials and facilities and research and
development, that may support the purposes of this section;
(4) supporting sustainable agriculture production through
the supporting production of--
(A) sustainable fertilizer produced in, or used in
a manner that, reduces the greenhouse gas impact; or
(B) fertilizer produced through the use of
renewable energy sources, including incentivizing
greater precision in fertilizer use;
(5) supporting activities or other measures that may
otherwise address competition-related challenges in the United
States fertilizer market and obstacles to producers in
obtaining affordable, responsibly manufactured fertilizer as
referred to in the notice entitled ``Access to Fertilizer:
Competition and Supply Chain Concerns'' published by the
Department of Agriculture in the Federal Register on March 17,
2022 (87 Fed Reg. 15191 et seq.); and
(6) using the facilities and authorities of the Commodity
Credit Corporation and the authorities under section 1473H of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3319k).
(b) Priority Applicants.--In selecting activities to support under
this section, the Secretary shall give priority to applications for
such support containing proposals that the Secretary determines will
most quickly address fertilizer shortages in the near term and mid-
term.
(c) Streamlined Process.--In providing assistance pursuant to this
section, the Secretary shall ensure that such assistance be provided
through a streamlined and expedient process (as determined necessary by
the Secretary) to quickly address fertilizer shortages.
(d) Administrative Funding.--Not more than 3 percent of the funding
provided under this section may be used by the Secretary for
administrative purposes.
(e) Authorization of Appropriations.--In addition to amounts
otherwise available, there are authorized to be appropriated to carry
out this section, $100,000,000, to remain available until expended.
Subtitle C--American Food Supply Chain Resiliency
SEC. 321. SUPPLY CHAIN REGIONAL RESOURCE CENTERS.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle H--Food Supply Chain Resiliency
``SEC. 298. SUPPLY CHAIN REGIONAL RESOURCE CENTERS.
``(a) In General.--The Secretary, acting through the Administrator
of the Agricultural Marketing Service, shall enter into cooperative
agreements with eligible entities to establish not fewer than 6 Supply
Chain Regional Resource Centers to support small-sized and medium-sized
producers of agricultural products and small-sized and medium-sized
agricultural businesses through activities, which may include--
``(1) offering coordination, technical assistance, and
capacity building support to small-sized and medium-sized
producers of agricultural products and agricultural businesses;
``(2) supporting supply chain and value chain
coordination--
``(A) in the region in which such producers or
businesses are located; and
``(B) with the Department of Agriculture, other
Federal, State, and Tribal agencies with relevant
resources, regional commissions, and other Supply Chain
Regional Resource Centers;
``(3) providing technical assistance to such producers and
businesses;
``(4) providing grants or other financial assistance to
such producers and businesses looking to expand production or a
business or start production or a business in such region; and
``(5) carrying out such other activities as may be
specified by the Secretary.
``(b) Focus on Tribal Supply Chain Issues.--At least one Supply
Chain Regional Resource Center established pursuant to subsection (a)
shall provide coordination, assistance, and capacity building support
to address supply chain issues faced by Indian tribes and Tribal
organizations (as defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)).
``(c) Application.--
``(1) In general.--An eligible entity (including an entity
representing a partnership) seeking to enter into a cooperative
agreement under this section shall submit to the Secretary an
application, at such time, in such manner, and containing such
information as the Secretary may require, including how the
Supply Chain Regional Resource Centers established by such
entity will address food and agricultural supply chain issues
faced by underserved communities.
``(2) Regional diversity.--In selecting eligible entities
to enter into a cooperative agreement under this section, the
Secretary shall ensure the regional diversity of such entities.
``(d) Term.--The term of a cooperative agreement entered into under
this section shall be not less than 4 years.
``(e) Coordination.--A Supply Chain Regional Resource Center shall,
as a condition on entering into a cooperative agreement under this
section, agree to coordinate with other Supply Chain Regional Resource
Centers, when appropriate.
``(f) Report to Congress.--Beginning not later than 2 years after
the date of the enactment of the Lower Food and Fuel Costs Act, and
every 2 years thereafter, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on--
``(1) with respect to the activities carried out by the
Secretary under this section--
``(A) a description of such activities; and
``(B) the impact of such activities on supply chain
issues faced by small-sized and medium-sized producers
of agricultural products; and
``(2) with respect to the activities carried out by the
Supply Chain Regional Resource Centers under this section--
``(A) a description of such activities;
``(B) the impact of such activities on supply chain
issues faced by small-sized and medium-sized producers
of agricultural products and agricultural businesses;
and
``(C) any grants awarded by Supply Chain Regional
Resource Centers to such producers and businesses.
``(g) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State government (or a political
subdivision thereof), regional authority, or an Indian
Tribe or Tribal organization;
``(B) a college or university (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)) (including a land-grant college or university);
or
``(C) a nonprofit organization, including a
producer network or association, a food council, an
economic development corporation, or another
organization.
``(2) State.--The term `State' has the meaning given such
term in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
``(h) Funding.--In addition to amounts otherwise available, there
is authorized to be appropriated to carry out this section $6,000,000
for each of fiscal years 2023 through 2026.
``(i) Rule of Construction.--Nothing in this section may be
interpreted to undermine or narrow the authority of the Secretary to
carry out activities described in subsection (a) under any other
authority of the Secretary.''.
SEC. 322. AGRICULTURE INNOVATION CENTERS PROGRAM.
Section 6402(a) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1632b(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) applied research, technical assistance, support
services, outreach, and other services to strengthen, maintain,
and secure supply chains related to value-added agricultural
commodities and products produced in the United States.''.
TITLE IV--BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT MARKET
EXPANSION
SEC. 401. BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT MARKET
EXPANSION.
(a) Authorization of Appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated to the
Secretary $200,000,000 for the period of fiscal years 2022 and 2023, to
remain available until expended, to carry out this section.
(b) Use of Funds.--The Secretary shall use the amounts made
available pursuant to subsection (a) to provide grants, on a
competitive basis, to eligible entities described in subsection (c)--
(1) to install, retrofit, or otherwise upgrade fuel
dispensers or pumps and related equipment, storage tank system
components, and other infrastructure required at a location to
ensure the environmentally safe availability of fuel containing
ethanol blends at levels greater than 10 percent (as determined
by the Secretary) or fuel containing biodiesel blends at levels
greater than 5 percent (as determined by the Secretary); and
(2) to build and retrofit distribution systems for ethanol
blends, traditional and pipeline biodiesel terminal operations
(including rail lines), and home heating oil distribution
centers or equivalent entities--
(A) to blend biodiesel; and
(B) to carry ethanol and biodiesel.
(c) Eligible Entities.--Entities eligible to receive a grant under
this section are transportation fueling facilities and distribution
facilities, including fueling stations, convenience stores, hypermarket
retailer fueling stations, fleet facilities, as well as fuel terminal
operations, midstream partners, and heating oil distribution facilities
or equivalent entities.
(d) Federal Share.--The Federal share of the total cost of carrying
out a project for which a grant is provided under this section shall be
not more than 75 percent.
(e) Limitation.--The Secretary may not limit the amount of funding
an eligible entity may receive under this section, except that such
funding is subject to the availability of appropriations.
TITLE V--YEAR-ROUND FUEL CHOICE
SEC. 501. ETHANOL WAIVER.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
(1) in subsection (f)(4)--
(A) by striking ``(4) The Administrator, upon'' and
inserting the following:
``(4) Waiver.--
``(A) In general.--The Administrator, on''; and
(B) by adding at the end the following:
``(B) Reid vapor pressure.--A fuel or fuel additive
that has been granted a waiver under subparagraph (A)
prior to January 1, 2017, and meets all the conditions
of that waiver other than any limitations of the waiver
with respect to Reid Vapor Pressure, may be introduced
into commerce if the fuel or fuel additive meets all
other applicable Reid Vapor Pressure requirements.'';
and
(2) in subsection (h)--
(A) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by inserting ``or more'' after ``10
percent''; and
(ii) in subparagraph (C), by striking
``additional alcohol or''; and
(B) in paragraph (5)(A), by inserting ``or more''
after ``10 percent''.
TITLE VI--PRODUCING RESPONSIBLE ENERGY AND CONSERVATION INCENTIVES AND
SOLUTIONS FOR THE ENVIRONMENT (PRECISE)
SEC. 601. 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
practices, and the acquisition of precision agriculture
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 practices or acquire precision agriculture
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 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.''.
SEC. 602. 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 practices,
including by financing equipment and farm-wide
broadband connectivity, in order to promote best-
practices, reduce costs, and improve the
environment.''.
SEC. 603. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) 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 practices and the
acquisition of precision agriculture technology)'' after ``planning''.
(b) Payments.--
(1) Other payments.--Section 1240B(d)(6) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2(d)(6)) is amended--
(A) by striking ``A producer shall'' and inserting
the following:
``(A) Payments under this subtitle.--A producer
shall''; and
(B) 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.''.
(2) 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''.
(3) Increased payments for precision agriculture.--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.--
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 practices and
acquiring precision agriculture technology.''.
(c) 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 practices and the acquisition of precision agriculture
technology)'' after ``incentive practices''.
SEC. 604. CONSERVATION STEWARDSHIP PROGRAM.
(a) 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--
(1) in the subsection heading, by striking ``and Advanced
Grazing Management'' and inserting ``, Advanced Grazing
Management, and Precision Agriculture'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) precision agriculture.''; and
(3) in paragraph (3), by striking ``or advanced grazing
management'' and inserting ``, advanced grazing management, or
precision agriculture''.
SEC. 605. 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.''.
TITLE VII--BUTCHER BLOCK ACT
SEC. 701. ASSISTANCE FOR NEW AND EXPANDED LIVESTOCK OR POULTRY
PROCESSORS.
(a) In General.--The Secretary may make or guarantee a loan for the
purpose of--
(1) increasing capacity of livestock and poultry
processing, facilitating economic opportunity for livestock and
poultry producers through processing activities, and
diversifying processing ownership;
(2) increasing the customer base or revenue returns of
livestock and poultry producers through investment in
processing capacity;
(3) improving, developing, or financing livestock and
poultry processing capacity or employment including through the
financing of working capital; or
(4) promoting the interstate trade and local sales of
processed livestock and poultry by financing improvements to
meet relevant Federal, State, and local regulatory standards.
(b) Eligibility; General Limitations.--
(1) Eligible recipient.--An entity shall be eligible for a
loan or guarantee under this section if the entity is--
(A) a public, private, or cooperative organization
organized on a for-profit or nonprofit basis;
(B) an Indian tribe on a Federal or State
reservation, or any other federally recognized Indian
tribal group; or
(C) an individual.
(2) Facility location.--
(A) In general.--Except as provided in subparagraph
(B), a facility constructed, expanded, modified,
refurbished, or re-equipped with proceeds from a loan
made or guaranteed under this section shall be in a
rural area.
(B) Exception.--A facility constructed, expanded,
modified, refurbished, or re-equipped with proceeds
from a loan made or guaranteed under this section may
be in a non-rural area if--
(i) the primary use of the loan involved is
for the facility, and the facility will
increase the customer base or revenue returns
of livestock and poultry producers that are
located within 300 miles of the facility;
(ii) the loan involved will be used to
increase the capacity in livestock and poultry
processing in a region; and
(iii) the principal amount of the loan
involved does not exceed $50,000,000.
(C) Rural area defined.--In this paragraph, the
term ``rural area'' has the meaning given the term in
section 343(a)(13) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)).
(3) Limitations.--
(A) Limitation on amount of loan involved.--A loan
of more than $50,000,000 may not be made or guaranteed
under this section.
(B) Limitation on eligibility.--A loan may not be
made or guaranteed under this section to an entity that
is owned in partnership or in whole by--
(i) a foreign entity; or
(ii) an entity that currently processes
over 5 percent of the daily harvest of any
species.
(c) Special Rules Applicable With Respect to Cooperatives.--
(1) Limitation on amount of loan involved.--
(A) In general.--Notwithstanding subsection (b)(3),
a loan of not more than $100,000,000 may be made or
guaranteed for a cooperative organization under this
section.
(B) Conditions applicable if loan involved is for
more than $50,000,000.--A loan of more than $50,000,000
may not be made or guaranteed for a cooperative
organization under this section unless the loan is used
to carry out a project that significantly increases the
livestock and poultry processing in a region, where
insufficient processing capacity exists, as determined
by the Secretary.
(2) Intangible assets.--
(A) In general.--In determining whether a
cooperative organization is eligible for a loan or
guarantee under this section, the Secretary may
consider the market value of a properly appraised brand
name, patent, or trademark of the cooperative.
(B) Accounts receivable.--In the sole discretion of
the Secretary, if the Secretary determines that the
action would not create or otherwise contribute to an
unreasonable risk of default or loss to the Federal
Government, the Secretary may take accounts receivable
as security for the obligations entered into in
connection with a loan made or guaranteed under this
section, and a borrower may use accounts receivable as
collateral to secure such a loan.
(3) Purchase of cooperative stock.--
(A) In general.--The Secretary may make or
guarantee a loan in accordance with this section to an
individual farmer or rancher for the purpose of
purchasing capital stock of a farmer or rancher
cooperative undertaking an eligible project under this
section.
(B) Processing contracts during initial period.--A
cooperative described in subparagraph (A) with respect
to which a farmer or rancher receives a guarantee to
purchase stock under subparagraph (A) may contract for
services to fulfill any eligible purpose under this
section, during the 5-year period beginning on the date
the cooperative commences operations, in order to
provide adequate time for the planning and construction
of the processing facility of the cooperative.
(C) Financial information.--A farmer or rancher
from whom the Secretary requires financial information
as a condition of making or guaranteeing a loan under
subparagraph (A) shall provide the information in the
manner generally required by commercial agricultural
lenders in the geographical area in which the farmer or
rancher is located.
(d) Conditions Applicable With Respect to Using Loan Involved for
Refinancing.--A borrower may use 25 percent of a loan made or
guaranteed under this section to refinance a loan made for a purpose
described in subsection (a) if--
(1) the borrower is current and performing with respect to
the loan to be refinanced;
(2) the borrower has not defaulted on any payment required
to be made with respect to the loan to be refinanced;
(3) none of the collateral for the loan to be refinanced
has been converted; and
(4) there is adequate security or full collateral for the
loan to be refinanced.
(e) Loan Appraisal.--The Secretary may require that any appraisal
made in connection with a loan made or guaranteed under this section be
conducted by a specialized appraiser that uses standards that are
similar to standards used for similar purposes in the private sector,
as determined by the Secretary.
(f) Preference.--In making or guaranteeing a loan under this
section, the Secretary shall give a preference to applicants that have
experience in livestock and poultry processing and can quickly scale-up
to increase overall processing capacity in the region involved.
(g) Authorization of Appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated to carry
out this section $100,000,000 for each of fiscal years 2023 through
2025.
SEC. 702. NEW AND EXPANDING LIVESTOCK OR POULTRY PROCESSING GRANTS.
(a) In General.--The Secretary may make grants to--
(1) expand, diversify, and increase capacity in livestock
or poultry processing activities;
(2) improve compliance with livestock and poultry
processing statutes (including the regulations issued
thereunder), such as the Federal Meat Inspection Act (21 U.S.C.
661) and the Poultry Products Inspection Act (21 U.S.C. 454);
(3) identify and reduce barriers to entry for new livestock
and poultry processors; or
(4) update, expand, or otherwise improve existing
facilities.
(b) Eligible Grantees.--An entity shall be eligible for a grant
under this section if the entity is--
(1) a governmental entity;
(2) a public, private, or cooperative organization
organized on a for-profit or nonprofit basis; or
(3) an Indian tribe on a Federal or State reservation or
any other federally recognized Indian tribal group.
(c) Use of Funds.--An entity to which a grant is made under this
section may use the grant funds to establish or support new or expanded
livestock or poultry processing activity, or other activity which will
increase the customer base or revenue returns of livestock and poultry
producers, by undertaking a project, that--
(1) identifies and analyzes business opportunities,
including feasibility studies as required for creditworthiness;
(2) identifies, trains, and provides technical assistance
to existing or prospective rural entrepreneurs and managers or
processing facilities;
(3) provides technical assistance to gain compliance with
Federal, State, or local regulations;
(4) conducts regional, community, and local economic
development planning and coordination, and leadership
development; or
(5) establishes a center for training, technology, and
trade that will provide training to livestock or poultry
processing employees.
(d) Preference.--In awarding grants under this section, the
Secretary shall give a preference to applicants that have experience in
livestock and poultry processing and can quickly scale-up to increase
overall processing capacity in the region involved.
(e) Authorization of Appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated to carry
out this section $20,000,000 for each of fiscal years 2023 through
2025.
TITLE VIII--LOWER FOOD AND FUEL COSTS SUPPLEMENTAL APPROPRIATIONS ACT,
2022
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
office of the secretary
(including transfer of funds)
For an additional amount for ``Office of the Secretary'',
$200,000,000, to remain available until expended, to carry out title IV
of the Lower Food and Fuel Costs Act: Provided, That the Secretary may
use up to 5 percent of amounts made available under this heading in
this title for administrative costs, including salaries and expenses,
research, data collection, and other associated costs, for carrying out
such title IV: Provided further, That amounts made available for
administrative costs pursuant to the preceding proviso may be
transferred to ``Rural Development Programs--Rural Development--
Salaries and Expenses'' for the purposes specified in such proviso.
GENERAL PROVISIONS--THIS TITLE
Sec. 801. In addition to amounts otherwise available, there is
appropriated to the Department of Agriculture, $500,000,000, to remain
available until expended, to carry out title II of the Lower Food and
Fuel Costs Act, of which up to 5 percent may be used by the Secretary
to provide technical assistance under such title II.
Sec. 802. Each amount appropriated or made available by this title
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 803. Unless otherwise provided for by this title, the
additional amounts appropriated by this title to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2022.
Sec. 804. Each amount provided by this title is designated by the
Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
Sec. 805. (a) Statutory PAYGO Scorecards.--The budgetary effects of
this title shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this title
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects of this
title shall be estimated for purposes of section 251 of such Act and as
appropriations for discretionary accounts for purposes of the
allocation to the Committee on Appropriations pursuant to section
302(a) of the Congressional Budget Act of 1974.
This title may be cited as the ``Lower Food and Fuel Costs
Supplemental Appropriations Act, 2022''.
Passed the House of Representatives June 16, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 7606
_______________________________________________________________________
AN ACT
To establish the Office of the Special Investigator for Competition
Matters within the Department of Agriculture.