[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8069 Introduced in House (IH)]

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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).
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