[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3650 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3650

 To amend the Farm Security and Rural Investment Act of 2002 to expand 
     the national organic certification cost-share program into a 
comprehensive opportunities in organic program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2023

  Mr. Panetta (for himself, Ms. Adams, Ms. Lofgren, Ms. Bonamici, Ms. 
   Pingree, Mr. Payne, Mr. McGovern, and Ms. Salinas) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the Farm Security and Rural Investment Act of 2002 to expand 
     the national organic certification cost-share program into a 
comprehensive opportunities in organic program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opportunities in Organic Act of 
2023''.

SEC. 2. OPPORTUNITIES IN ORGANIC PROGRAM.

    Section 10606 of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 6523) is amended--
            (1) in the section heading, by striking ``national organic 
        certification cost-share'' and inserting ``opportunities in 
        organic'';
            (2) in subsection (a)--
                    (A) by striking ``national organic certification 
                cost-share program to assist'' and inserting 
                ``opportunities in organic program to--
            ``(1) assist'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) provide support and technical assistance for 
        transition to organic and organic management.'';
            (3) by striking subsection (b);
            (4) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively;
            (5) by inserting after subsection (a) the following:
    ``(b) Federal Organic Certification Cost Share.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall make payments to producers and handlers to reimburse such 
        producers or handlers for costs incurred in obtaining 
        certification under the national organic production program.
            ``(2) Maximum amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the maximum amount of a payment made 
                to a producer or handler under this section shall not 
                exceed $1,500.
                    ``(B) Ensuring affordability.--Notwithstanding 
                subparagraph (A), the Secretary may make payments under 
                this section that exceed the maximum amount specified 
                in such subparagraph--
                            ``(i) in the case of such a payment made to 
                        a producer or handler who is--
                                    ``(I) located in a region with 
                                disproportionately high certification 
                                costs; or
                                    ``(II) a member of a socially 
                                disadvantaged group; or
                            ``(ii) in the case of any other such 
                        payment made to a producer or handler not 
                        described in clause (i), if the Secretary 
                        determines that exceeding such amount would 
                        ensure that organic certification costs are not 
                        a barrier to organic production.
    ``(c) Transition and Resilience Funding.--
            ``(1) In general.--The Secretary shall award funding to 
        eligible nonprofit organizations for any of the purposes 
        specified in paragraphs (2), (3), and (4).
            ``(2) Capacity building.--The purposes specified in this 
        paragraph are staffing, materials, activities, and partnerships 
        (such as with smaller nonprofit organizations) that support 
        transition to organic and resilience of certified organic 
        farms, including the following:
                    ``(A) Recruitment of producers to begin transition 
                to organic.
                    ``(B) Translation and communication support, 
                including the development of simple and culturally 
                appropriate materials to increase understanding of the 
                practices and processes required to become certified 
                under the Organic Foods Production Act of 1990 (7 
                U.S.C. 6501 et seq.).
                    ``(C) Assistance with applications, compliance, 
                recordkeeping, and other aspects of the organic 
                certification process under such Act.
                    ``(D) Financial, business, and farm planning.
                    ``(E) Support for fair contracting.
                    ``(F) Technical assistance with soil building, pest 
                management, and other practices.
                    ``(G) Providing training on organic certification 
                requirements and organic management to agricultural 
                advisors and consultants, including agronomists, crop 
                advisors, pest control advisors, extension agents, farm 
                consultants, and other technical service providers.
                    ``(H) Facilitating paid mentor-mentee relationships 
                between organic producers and producers in transition 
                to organic, including stipends for all participants and 
                training to support effective mentorship.
                    ``(I) Assisting producers with accessing resources 
                and funding, including conservation programs, risk 
                management tools, and organic support and research 
                programs.
                    ``(J) Establishing or expanding cooperatives, 
                organic grower groups, certified organic processing, 
                storage, distribution facilities and equipment, food 
                hubs, food security and sovereignty programs, organic-
                compliant composting services, and other regional 
                foodshed and supply chain infrastructure.
                    ``(K) On-farm research, including monitoring 
                biodiversity, air, and water quality, measuring changes 
                in soil organic carbon and indicators of soil health, 
                developing regionally adapted seeds and breeds, and 
                trialing and documenting effectiveness of holistic 
                approaches to pest, weed, and disease control.
                    ``(L) Recruiting and training organic certification 
                staff and inspectors, with an emphasis on expanding 
                opportunities for socially disadvantaged farmers and 
                ranchers and increasing diversity in the certification 
                process.
                    ``(M) Increasing access to land for socially 
                disadvantaged farmers and ranchers and small- and mid-
                sized farms and ranches and promoting long-term organic 
                management (such as purchases of land for incubator 
                projects, promoting and supporting lease-to-own 
                contracts, resolving heirs property issues, and 
                establishing easements that facilitate long-term 
                organic stewardship).
                    ``(N) Hosting or supporting regional convenings, 
                conferences, farmer-led trainings, field days, teach-
                ins, and other educational opportunities focused on 
                organic production.
                    ``(O) Establishing infrastructure for inter-farmer 
                skills share and exchanges, including virtual forums.
            ``(3) Producer transition and resilience.--The purpose 
        specified in this paragraph is to provide one-time, 4-year, 
        transition and resilience funding to socially disadvantaged 
        farmers or ranchers or small or mid-sized farms or ranches to 
        offset costs of, and reduce barriers to, becoming or expanding 
        a certified organic farm, including through the following:
                    ``(A) Creating or expanding an organic system plan 
                (as defined in section 205.2 of title 7, Code of 
                Federal Regulations, as in effect on the date of the 
                enactment of the Opportunities in Organic Act of 2023), 
                including the following:
                            ``(i) Completing organic certification 
                        documents, planning, and recordkeeping.
                            ``(ii) Developing a plan to build soil 
                        health.
                    ``(B) Adopting, improving, or expanding organic 
                management, including:
                            ``(i) Eliminating use of synthetic 
                        pesticides, synthetic fertilizers, or 
                        antibiotics.
                            ``(ii) Cover cropping, crop rotation, or 
                        rotational grazing.
                            ``(iii) Production and use of compost and 
                        manure (including purchasing tools, supplies, 
                        or storage).
                            ``(iv) Sourcing or producing organic seed 
                        and feed.
                            ``(v) Hedgerow and ecosystem enhancement 
                        planting and design.
                            ``(vi) Purchasing supplies for 
                        intercropping and polycropping or other 
                        specialized equipment.
                            ``(vii) Supporting beneficial predators, 
                        pollinator habitats, erosion prevention, or 
                        watershed restoration.
                    ``(C) Costs associated with processing, storage, 
                and distribution equipment and facilities.
                    ``(D) Carrying out on-farm research to monitor and 
                document the impacts of transition to organic, 
                including in partnership with another entity.
                    ``(E) Soil testing.
                    ``(F) Debt relief to improve access to capital and 
                financial stability.
                    ``(G) Forming a cooperative or farmer-to-farmer 
                network.
                    ``(H) Training to become an organic inspector to 
                expand revenue and regional inspection capacity.
                    ``(I) Covering costs associated with overcoming 
                barriers to land access, including payments to secure 
                longer leases and to cover costs associated with--
                            ``(i) accessing land that has not been 
                        treated with materials prohibited for use on a 
                        certified organic farm; or
                            ``(ii) transitioning land to organic 
                        management.
                    ``(J) Covering labor costs, including improvements 
                to workplace safety, compensation, professional 
                development, and staff training on organic transition 
                implementation.
                    ``(K) Improving food safety practices and obtaining 
                related certifications.
                    ``(L) Providing or participating in organic 
                agriculture educational opportunities.
                    ``(M) Replacing foregone income during transition 
                to organic due to short-term changes in yield and 
                limited market options.
                    ``(N) Construction or improvement of housing for 
                apprentices, trainees, or volunteers or other on-farm 
                infrastructure.
                    ``(O) Financial, business, and farm planning.
            ``(4) Organic supply chain.--The purposes specified in this 
        paragraph are to provide funding to other entities--
                    ``(A) to strengthen organic capacity or expand 
                access to certified organic handling operations, 
                including--
                            ``(i) constructing, expanding, or improving 
                        access to a certified organic handling 
                        operation;
                            ``(ii) purchasing farm equipment, value 
                        added supplies, and other materials that 
                        improve market access; and
                            ``(iii) pursuing organic certification for 
                        an existing handling operation; and
                    ``(B) to strengthen opportunities in organic 
                production for socially disadvantaged farmers or 
                ranchers, small or mid-sized farms or ranches, or 
                vulnerable agricultural regions (such as farms near 
                schools, childcare providers, residential areas, 
                sensitive ecosystems) or under-resourced agricultural 
                regions.
            ``(5) Meetings.--An eligible nonprofit organization that 
        receives funds under this subsection shall--
                    ``(A) communicate not less than once per calendar 
                quarter with each entity awarded funding for the 
                purposes specified in paragraphs (3) and (4) to--
                            ``(i) monitor progress with respect to 
                        transition to organic and organic supply chain 
                        development;
                            ``(ii) address the improvement to, and 
                        impact of, the transition to organic 
                        production, including observed changes in 
                        biodiversity, soil health, pests, weeds, and 
                        disease occurrence, crop yield, and resilience;
                            ``(iii) address challenges in transitioning 
                        to organic and program participation;
                            ``(iv) consider market opportunities for 
                        organic products and the adoption of additional 
                        practices that reduce the use of synthetic 
                        chemicals and foster soil fertility; and
                            ``(v) explore opportunities for coordinated 
                        farm team meetings with staff from relevant 
                        agencies and other organizations, to streamline 
                        agricultural assistance and improve farm 
                        viability, while increasing adoption of on-farm 
                        conservation practices; and
                    ``(B) meet not less than once per year with staff 
                of the Department of Agriculture (as determined by the 
                Secretary) for the duration of the funding period to 
                discuss program participation and impacts, demographics 
                and scale of participants, transition success rates, 
                market opportunities, research results, and challenges 
                identified.
    ``(d) Technical Assistance.--
            ``(1) In general.--The Secretary shall increase regional 
        resources to support organic management, including technical 
        assistance, outreach, supply chain coordination, and activities 
        specified in paragraph (2), through expanded organic-related 
        capacity and partnerships at--
                    ``(A) the Department of Agriculture, including 
                within the Agricultural Marketing Service, the Farm 
                Service Agency, the Natural Resources Conservation 
                Service, the Risk Management Agency, the offices under 
                the Undersecretary of Rural Development, the Food and 
                Nutrition Service, and climate hubs, with an emphasis 
                on local and regional offices;
                    ``(B) universities and educational institutions, 
                with an emphasis on institutions serving socially 
                disadvantaged farmers and ranchers;
                    ``(C) the cooperative extension programs of the 
                Secretary, including the federally recognized Tribes 
                extension program under section 3(d) of the Smith-Lever 
                Act (7 U.S.C. 343(d));
                    ``(D) State, regional, and Tribal departments of 
                agriculture; and
                    ``(E) eligible nonprofit organizations.
            ``(2) Activities.--Activities specified in this paragraph 
        include--
                    ``(A) providing regional education sessions on 
                organic management;
                    ``(B) developing regionally-tailored resources, 
                technical assistance programs, and teaching farms for 
                organic producers and producers in transition to 
                organic, including tools to promote and facilitate 
                participation of socially disadvantaged farmers and 
                ranchers and small- and mid-sized farms and ranches in 
                organic and complementary support programs;
                    ``(C) conducting ongoing outreach to, and needs 
                assessment of, producers in transition to organic to 
                identify barriers to organic production and mechanisms 
                to address such barriers;
                    ``(D) identifying priority locations to promote 
                transition to organic, including near schools and 
                childcare providers, residential areas, and sensitive 
                ecosystems;
                    ``(E) developing organic supply chain and 
                infrastructure;
                    ``(F) expanding organic and local supply chains and 
                market opportunities, including establishing channels 
                for producers to offer products to institutional buyers 
                and supporting purchases through nutrition programs; 
                and
                    ``(G) advancing food waste reduction strategies 
                that support producer income and soil health, 
                including--
                            ``(i) closed-loop programs that connect 
                        community composting and food scrap collection 
                        operations with farms; and
                            ``(ii) coordination to maximize use of farm 
                        products, composting, and waste reduction;'';
            (6) in subsection (e), as so redesignated--
                    (A) by striking ``including the'' and inserting the 
                following: ``including--
            ``(1) the'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
            ``(2) the demographics, acreage, and sales of producer 
        participants, aggregated by region;
            ``(3) the number of producers and handlers that received 
        support from the program in the previous fiscal year who--
                    ``(A) began transition to organic; and
                    ``(B) achieved new organic certification;
            ``(4) any barriers to achieving organic certification;
            ``(5) the transition activities carried out by eligible 
        nonprofit organizations and the measures of success of such 
        activities;
            ``(6) research findings and best practices to support 
        transition to organic;
            ``(7) changes in organic-relevant capacity at public 
        institutions and eligible nonprofit organizations; and
            ``(8) changes in availability of organic-relevant technical 
        assistance.'';
            (7) in subsection (f)(1), as so redesignated, by striking 
        subparagraphs (A) through (C) and inserting the following:
                    ``(A) $50,000,000 for each of fiscal years 2024 and 
                2025;
                    ``(B) $80,000,000 for fiscal year 2026; and
                    ``(C) $100,000,000 for each of fiscal years 2027 
                and 2028.''; and
            (8) by adding at the end the following:
    ``(f) Definitions.--In this section:
            ``(1) Socially disadvantaged farmer or rancher; socially 
        disadvantaged group.--The terms `socially disadvantaged farmer 
        or rancher' and `socially disadvantaged group' have the 
        meanings given those terms in section 2501(a) of the Food, 
        Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
        2279(a)).
            ``(2) Eligible nonprofit organization.--The term `eligible 
        nonprofit organization' means a nonprofit organization (as 
        defined in section 1619(b) of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (7 U.S.C. 5801(b)) that 
        primarily serves at least one of the following:
                    ``(A) Socially disadvantaged farmers and ranchers.
                    ``(B) Organic producers and handlers.
                    ``(C) One or more vulnerable (e.g., farms near 
                schools, childcare providers, residential areas, 
                sensitive ecosystems) or under-resourced agricultural 
                regions.
                    ``(D) Smaller nonprofit organizations that 
                primarily serve (A), (B), or (C).
            ``(3) Organic.--The term `organic' has the meaning given 
        such term in section 205.2 of title 7, Code of Federal 
        Regulations (or successor regulations).
            ``(4) Certified organic farm.--The term `certified organic 
        farm' has the meaning given that term in section 2103 of Food, 
        Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
        6502).
            ``(5) Certified organic handling operation.--The term 
        `certified organic handling operation' has the meaning given 
        that term in section 2103 of Food, Agriculture, Conservation, 
        and Trade Act of 1990 (7 U.S.C. 6502).
            ``(6) Transition to organic.--The term `transition to 
        organic' means carrying out the steps required to become a 
        certified organic farm.''.
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